Tenants want me to collude in "evicting" them

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    #16
    In my experience, to be accepted as homeless, most councils will expect you to wait for a court order or even bailiff action. I agree that this is ridiculous, since it just increases the arrears owing.

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      #17
      Hi Mole, Carolinae and Energise

      I've already warned the tenants that an S21 will probably not be sufficient to get them what they want, and told them that it will probably take court order/bailiffs. However, the tenants have told me that the CAB phoned up the council on their behalf and the council told them that an S21 would probably suffice (my advice was to get it in writing!) to get a home.

      Maybe I am naive about this, but the CAB (via the phone call to the council) have told the tenants that if they do go down the route of not paying their rent (god forbid) - to deliberately get evicted via court/bailiffs - the council will take a very dim view of it. This is because they will have made themselves intentionally homeless. My understanding is that if this happens they will be removed from the council housing list permanently - which is definitely not what they want. I read somewhere that the tenants usually have to pay the costs (bailiff/court order etc), but saying that I am not 100% sure if that is the case (I have yet to verify this).

      I am quite happy for my tenants to stay past the S21 expiry date anyway - as long as they pay the rent. So if the S21 expires and they are still there, I am not fussed. They have been good tenants and paid their rent on time etc. It is not the ideal situation for them, I know, but IMHO it's better for them to have somewhere comfy (if not a little overcrowded) when the baby comes than have to live in a hell hole/B&B/hostel. I've told them that if they need more time I am more than willing for them to stay on in the house (provided they pay the rent and forewarn me!) but I can't take that decision for them. My agency might be a bit piddled off if they find a new tenant in the meantime and this thing is not resolved - but hopefully it will be.

      I'd love to go and see the CAB myself, but I am overseas (although only about 6-8 hours drive/ferry), that is why this board is so helpful for running things past both experienced landlords and also tenants. Believe me I am very grateful to all of you for your input.

      I just hope the tenants don't get any funny ideas about not paying the rent, I have had that situation with a tenant once before and it was no fun. In the end my solicitor threatened him with court and he got scared and left the house (after paying up - but partly using the deposit to cover arrears which was OK as nothing was damaged).

      Thank you for all your advice - it has truly been very helpful.

      One thing I must do (will do) is get my legal insurance sorted for the next tenancy....

      Dr. G-nome

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