I Want To Evict My Tenant

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    #16
    There is no means test per se when applying for social housing. However, everyone who applies is then placed in a category ranging from "street homeless" (the most urgent) downwards and it largely depends on the individuals circumstances. I very much doubt if a couple that are both working, no kids, are both in good health and can afford to rent privately will be at the top of the list unless they have really special circustances that means they have special housing needs. People at middle and bottom of the list sometimes wait years to get rehoused because of the shortage of social housing.

    Anybody's position on the housing list is assessed on need and believe me Local Authorities will do their utmost not to accept responsibility if they can because they simply would not to rehouse everyone. They an't do it at the moment with their current lists.

    As far as being "street homeless" is concerned (which your tenants will be if you get an eviction order against them and especially if bailiffs attend) then IF the Local Authority accepts responsibility for them, they are likely to be offered only temporary accommodation at the outset which could mean just a double bedsit or even a hostel. There are rules and guidelines the Local Authority has to follow in making a decision as to whether to accept responsibility for them and I know for a fact that my Local Authority will not accept people who have been or are in arrears with their current landlord, on the general Housing List.

    They may be making application under Part 7 of the Housing Act whereby application can be made because of inaffordability in the private sector BUT .. their financial status and the reasons for homelessness will be thoroughly investigated before a decision is made.

    So I don't think you need to write to anyone .. I think you're going off at a tangent really because where they live in the future is really irrelevant to you except for the purposes of trying to recoup your financial losses.

    You really would be much less stressed if you just focus on the problem at hand at the moment and that is getting your property back as quickly as possible and minimising yoiur financial losses as best you can.

    Also, you may be compromising yourselves if you divulge any information given to you in an application form (eg breach of confidentiality and / or Data Protection Act) and a Court may consider it as harassment.


    Originally posted by bluey
    Does the council housing policy consider the salary of the people applying for council property as I thought the whole point of social housing is that it is intended for the financially disadvantaged?

    Is it wise or just vindictive or plain illegal to send the council housing officer a copy of their tenancy application form which states their salaries?
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

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      #17
      Are you listening reddragon? Only a court can order the eviction of tenants.

      For the future, I recommend that you use a letting agent to find and reference tenants professionally.

      While you are waiting for this unpleasant episode to run its legal course you should learn everything you can about tenants’ rights and landlords’ rights and learn to be a professional landlord yourself.

      Comment


        #18
        Originally posted by Poppy
        Are you listening reddragon? Only a court can order the eviction of tenants.

        For the future, I recommend that you use a letting agent to find and reference tenants professionally.

        While you are waiting for this unpleasant episode to run its legal course you should learn everything you can about tenants’ rights and landlords’ rights and learn to be a professional landlord yourself.
        I think you should stop being so rude who do you think you are?! We will not be letting any property again and I registered on this site to be assisted not to be patronised by people like you!!

        Comment


          #19
          I’ve made valid and practical suggestions and you get tetchy. Shame.

          Originally posted by reddragon
          Any suggestions greatly appreciated.
          Other more grateful people would take these suggestions and start learning more about the rental property industry and look forward to accepting better tenants.

          Comment


            #20
            Originally posted by Poppy
            I’ve made valid and practical suggestions and you get tetchy. Shame.


            Other more grateful people would take these suggestions and start learning more about the rental property industry and look forward to accepting better tenants.
            THEY MAY BE VALID SUGGESTIONS BUT WE DO NOT NEED YOU TO PUSH THEM IN OUR FACES WE ARE NOT STUPID AND ARE STRESSED ENOUGH WITHOUT YOU AS WELL.

            WE DO NOT WANT TO LEARN ANY MORE ABOUT THE RENTAL INDUSTRY AS WE WILL NOT BE RENTING AGAIN THIS EXPERIENCE IS MORE THAN ENOUGH.

            Comment


              #21
              Reddragon, no offence but you are receiving free advice here courtesy of generous posters who take time to answer your questions.
              All advice isn't always what you want to hear but it doesn't automatically make it patronising or rude.

              Letting when handled professionally and with the adequate knowledge is no more risky than any other business. It is by no mean 100% safe as any other business but if you do everything to cover yourself you should be safe(r).
              I believe that's what Poppy was suggesting: learn as much as you can for the future as you don't have to stop letting, or at least knowing the law could help you in your present situation.

              No one suggested you are stupid but you don't know about letting so you should take any advice you receive from experienced landlords and be grateful for it rather than "shout" that you don't want to learn.

              Comment


                #22
                Originally posted by reddragon
                We rent our house to tenants on a 12 month fixed term Shorthold Assured Tenancy Agreement which was due to expire on the 30 June. We issued the HA 21 (Assured Shorthold Tenancy : Notice Requiring Possession : Fixed Term Tenancy subject to the Housing Act 1988 Section 21(1)(b) form to them in April as required giving them the 2 months notice.

                They are now trying to get a council house but the council have said they can only get one if they are evicted. We said we didn't feel that we could do that as at the time (last month) we didn't have the grounds to do so. Their last months rent was due today 1 June and they haven't paid it and are now refusing to pay it and said they will not leave on the 30 June.

                Do you have any idea what I can do next? I don't know a great deal about tenancy laws and hoped you could advise.

                We feel they are trying to blackmail us into issuing an eviction notice. Do you know if we are within our rights to enter after the 30 June and change the locks? Or can we contact the utility companies to ask them to cut off the supply?

                Thanks for your help.
                Having followed this thread it would seem that your tenants are going to receive one big shock.

                1) If there is rent arrears the council are under no obligation to re-house them even if they are evicted because they are making themselves "intentionally homeless". As there are no children under 16 involved the council will still not re-house them.

                2) As they have jobs and can quite easily support themselves the most they may get is a place on the housing list.

                3)The only time the council would re-house them is if the property was unfit for human habitation and they were in danger is under S175 Housing Act 1996 in which they could make themselves"intentionally homeless" and the council would have to house them but unfit would mean UNFIT.

                I would suggest that you don't evict them keep them on an assured shorthold perodic tenancy after expiry of the inital term.As you have already issued a S21 NOTICE you can start court proceeding anytime after the expiry date.Hope this is of help to you.
                Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

                Comment


                  #23
                  Originally posted by Jennifer_M
                  Reddragon, no offence but you are receiving free advice here courtesy of generous posters who take time to answer your questions.
                  All advice isn't always what you want to hear but it doesn't automatically make it patronising or rude.

                  Letting when handled professionally and with the adequate knowledge is no more risky than any other business. It is by no mean 100% safe as any other business but if you do everything to cover yourself you should be safe(r).
                  I believe that's what Poppy was suggesting: learn as much as you can for the future as you don't have to stop letting, or at least knowing the law could help you in your present situation.

                  No one suggested you are stupid but you don't know about letting so you should take any advice you receive from experienced landlords and be grateful for it rather than "shout" that you don't want to learn.
                  YES I TAKE YOUR POINT BUT THERE ARE WAYS TO SPEAK TO PEOPLE AND NOT BE RUDE ABOUT IT. THERE IS NO NEED TO BE ABRUPT I AM JUST TRYING TO SEEK HELP HERE.

                  Comment


                    #24
                    Originally posted by pms
                    Having followed this thread it would seem that your tenants are going to receive one big shock.

                    1) If there is rent arrears the council are under no obligation to re-house them even if they are evicted because they are making themselves "intentionally homeless". As there are no children under 16 involved the council will still not re-house them.

                    2) As they have jobs and can quite easily support themselves the most they may get is a place on the housing list.

                    3)The only time the council would re-house them is if the property was unfit for human habitation and they were in danger is under S175 Housing Act 1996 in which they could make themselves"intentionally homeless" and the council would have to house them but unfit would mean UNFIT.

                    I would suggest that you don't evict them keep them on an assured shorthold perodic tenancy after expiry of the inital term.As you have already issued a S21 NOTICE you can start court proceeding anytime after the expiry date.Hope this is of help to you.
                    HIYA YES THEY BOTH WORK BUT THEY ALSO HAVE 4 YOUNG CHILDREN (ALL WITH DIFFERENT FATHERS!) THE YOUNGEST CHILD IS ONLY A FEW MONTHS OLD BUT HER PARENTS CARE FOR IT WHILST SHE GOES TO WORK BUT I THINK SHE IS ALSO GETTING CASH IN HAND AND WE ALSO NOTICED ON OUR LAST VISIT THAT THERE ARE A LOT OF LETTERS LYING AROUND FROM THE BENEFITS AGENCIES ABOUT THE BENEFITS THEY ARE GETTING SO I THINK THEY ARE ALSO FIDDLING THE BENEFITS AGENCY SYSTEM AS WELL. THANKS

                    Comment


                      #25
                      Originally posted by reddragon
                      THEY MAY BE VALID SUGGESTIONS BUT WE DO NOT NEED YOU TO PUSH THEM IN OUR FACES WE ARE NOT STUPID AND ARE STRESSED ENOUGH WITHOUT YOU AS WELL.

                      WE DO NOT WANT TO LEARN ANY MORE ABOUT THE RENTAL INDUSTRY AS WE WILL NOT BE RENTING AGAIN THIS EXPERIENCE IS MORE THAN ENOUGH.

                      Reddragon

                      Why are you shouting. You have been given lots of advice. There is no point in getting angry with people who are trying to help.

                      To be honest I cant see your problem. If you want to rent a property you do take the risk of having to evict illegally.

                      You have said that you gave them a 12 month tenancy without any increases - well good you shouldn't increase the rent anymore than once a year anyway.

                      You have also said that they will not allow you to show the property - again good. It is their home and up to them.

                      By becoming a landlord some people appear to think they can just make easy money, with no responsibility and no risk. It looks like you are going to learn the hard way.

                      all you can do now is to evict through the court, if the get a council house or not is very irrelevant to your case.

                      Zoe

                      Comment


                        #26
                        If this family are as dodgy as you allege, then if I were in your shoes, I'd be seeking repossession as soon as possible, to mitigate my own losses.

                        Why does it matter so much to you that they are applying for social housing? It is irrelevant ( or should be) where they will live once they leave your property.

                        I'm actually in a similar position - but as a tenant. I cannot continue to pay the full rent after the end of the initial term, only the Housing Benefit proportion (because of long term and debilitating ill health I now have to pay a carer and can't afford to do both) and am applying to my Local Authority for housing. I also cannot just up and leave or I would be considered as making myself intentionally homeless.

                        I, too, have advised my LL in advance of the problem occuring and he is also reluctant to serve an S21 (I know you've served one but you are dubious about seeing it through to an eviction order, if I remember your original post correctly???)

                        I'm struggling to see what your problem is here... either you want them to leave. in which case get an eviction notice, or you don't and if they are as bad as you say, you need to ask yourself WHY don't you want them to leave?

                        I think you have to recognise that sometimes tenants circumstances change for the worse through no fault of their own. Just the application for social housing can be a minefield in itself and people very rarely get to choose where they can live, so bear in mind that if your tenants are having to go down this route they may have a valid reason that you don't know about ....
                        they don't have to tell you their personal circumstances, after all.

                        The best advice I can give you is to evict them because if you are this stressed out about them now it will only get worse and get in the way of a good tenant/LL relationship, if there was one to begin with. You have nothing to gain by keeping them there if they aren't paying the rent.

                        Hope this helps for what it's worth.


                        Originally posted by reddragon
                        HIYA YES THEY BOTH WORK BUT THEY ALSO HAVE 4 YOUNG CHILDREN (ALL WITH DIFFERENT FATHERS!) THE YOUNGEST CHILD IS ONLY A FEW MONTHS OLD BUT HER PARENTS CARE FOR IT WHILST SHE GOES TO WORK BUT I THINK SHE IS ALSO GETTING CASH IN HAND AND WE ALSO NOTICED ON OUR LAST VISIT THAT THERE ARE A LOT OF LETTERS LYING AROUND FROM THE BENEFITS AGENCIES ABOUT THE BENEFITS THEY ARE GETTING SO I THINK THEY ARE ALSO FIDDLING THE BENEFITS AGENCY SYSTEM AS WELL. THANKS
                        Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

                        Comment


                          #27
                          Originally posted by zoe
                          Reddragon

                          Why are you shouting. You have been given lots of advice. There is no point in getting angry with people who are trying to help.

                          To be honest I cant see your problem. If you want to rent a property you do take the risk of having to evict illegally.

                          You have said that you gave them a 12 month tenancy without any increases - well good you shouldn't increase the rent anymore than once a year anyway.

                          You have also said that they will not allow you to show the property - again good. It is their home and up to them.

                          By becoming a landlord some people appear to think they can just make easy money, with no responsibility and no risk. It looks like you are going to learn the hard way.

                          all you can do now is to evict through the court, if the get a council house or not is very irrelevant to your case.

                          Zoe
                          WELL NICE TO KNOW YOU ARE ON THE TENANT'S SIDE!! IT DOESN'T MATTER THAT THEY OWE ME OVER 3 MONTHS RENT AND HAVE THREATENED TO WRECK THE JOINT AND WE CANNOT PAY OUR MORTGAGE - AS LONG AS THEY ARE OKAY! THEY CAN GET ALL SORTS OF BENEFITS AND A FREE COUNCIL HOUSE YIPPEE THAT IS WHY I HAVE WORKED FOR 25 YEARS AND PAID MY FULL TAX AND NI FOR PEOPLE LIKE THAT!!

                          I HAVE HAD SOME GOOD ADVICE FROM PEOPLE WHO ARE GENUINELY HELPFUL AND NOT CRITICAL AND ARE OBVIOUSLY PREJUDICIAL TOWARDS LANDLORDS IN GENERAL.

                          Comment


                            #28
                            Originally posted by reddragon
                            WELL NICE TO KNOW YOU ARE ON THE TENANT'S SIDE!! IT DOESN'T MATTER THAT THEY OWE ME OVER 3 MONTHS RENT AND HAVE THREATENED TO WRECK THE JOINT AND WE CANNOT PAY OUR MORTGAGE - AS LONG AS THEY ARE OKAY! THEY CAN GET ALL SORTS OF BENEFITS AND A FREE COUNCIL HOUSE YIPPEE THAT IS WHY I HAVE WORKED FOR 25 YEARS AND PAID MY FULL TAX AND NI FOR PEOPLE LIKE THAT!!

                            I HAVE HAD SOME GOOD ADVICE FROM PEOPLE WHO ARE GENUINELY HELPFUL AND NOT CRITICAL AND ARE OBVIOUSLY PREJUDICIAL TOWARDS LANDLORDS IN GENERAL.
                            please stop shouting, it is not possible to read your rant when it is in capitals.

                            I am not on the tenants side. BUT the only option open to you is to evict ???!?!? And then learn your lesson and be beter prepared for this type of thing to happen again.

                            Whether they claim benefits and get a council house or not is nothing to do with you or your letting *business*.

                            Zoe

                            Comment


                              #29
                              What is there still to discuss here ?

                              You want the tenants out, get them evicted through the court and then sue for the outstanding rent.

                              No point going on and on about it.

                              Comment


                                #30
                                Originally posted by zoe
                                please stop shouting, it is not possible to read your rant when it is in capitals.

                                I am not on the tenants side. BUT the only option open to you is to evict ???!?!? And then learn your lesson and be beter prepared for this type of thing to happen again.

                                Whether they claim benefits and get a council house or not is nothing to do with you or your letting *business*.

                                Zoe
                                IT IS MY BUSINESS WHEN PEOPLE ARE UNFAIRLY TRYING TO CLAIM BENEFITS AND GET A COUNCIL HOUSE WHEN THEY ARE NOT ENTITLED TO IT. I AM A UK CITIZEN HAVE RIGHTS HAVE LIVED HERE ALL MY LIFE AND PAY FULL TAX AND NI SO YES IT IS MY BUSINESS WHEN PEOPLE ARE TRYING TO FIDDLE THE SYSTEM AS I HAPPEN TO THINK IT IS ALL WRONG THAT IS MY OPINION.

                                Comment

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