councils responsibility for housing tenants

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    councils responsibility for housing tenants

    i have recently given a section 21b notice to my tenants, the notice period expires on the 09/07/06. they have been put on the councils 'soon to be homeless list', i have soken to their 'housing advisory officer' who has informed me that they don't have any properties available and they are looking at putting them in temperary accomadation with a 'housing association' who also have no properties available. he would'nt comment on a specific timescale as to when there will be a property available. i told him that this was not acceptable and he reminded me that i would have to go through the correct legal procedure (court order etc.) in order to remove the tenants legally so where do i stand? (are the council allowed to do this???) surely they have a duty to house them now they have qualifed to be on their list??? any help would be gratefully appreciated.

    #2
    it makes no difference to you if the tenant has somewhere to go or not. If you want to evict you will need to go to court.

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      #3
      Originally posted by zoe
      it makes no difference to you if the tenant has somewhere to go or not. If you want to evict you will need to go to court.
      Really? cant he just throw them out?

      Comment


        #4
        I understand that, my question was regarding the councils position/responsability for housing them, because basically they seem to have advised them to sit tight until they have a property available, i work in the social housing sector and know how inefficiant they are and am worried that this will take months or longer, should i apply for a court order on the 10/07/06 to apply some pressure and to be sure that they are only there for the minumum possible time. or are the council not fulfilling their legal obligations.

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          #5
          hi, i am due to be evicted and i have been given an order of possession and my council still wont help me.i have 2 children and my husband is disabled.
          they have told us we have to wait until bailiffs come via an eviction order.then we will be give a hostel to stay in only then will they consider giving any priority.
          your tenant will have to go through the same and then they must apply and pass guideliness .depending on priority ,eg if they have children, they will be offerred either permenant accomodation,temporary accomodation or just advice.
          you will have to go through the whole thing to get the council to house themas the council will not seee them as homeless until they legally are so they will not get priority as there are others in hostels who need it more than they do!

          Comment


            #6
            thanks for your reply, I appriciate it is not a position i would put my tenants through if it were not absolutly necassary. I do sympathise with their situation but unfortunatly they have had a six month tenancy agreement and it is due to expire! I have followed the rules and regulations etc. regarding notice etc. but feel the council are not doing their duty, they should have enuogh property available if this is a common occurance.

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              #7
              can i ask which council it is?
              my situation is not my fault i was given notice because my landlord wanted extra money on the side in cash (on top of what was stated on my ast). as i said my husband is disabled so we have very little money. we are on benefits but we are paying out alot to go on courses to get off it.this and the fact that rents are so high means we cannot afford another private rent.
              is there no way your tenant can stay? or get another private rent?are they on benefits? if you can tell me a bit more about there situation i might have some more ideas on what to suggest.

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                #8
                you should follow the procedures of the section 21 and evict the tenants through the courts. It is not your "problem" if the council cannot house them. YOu require your property back for whatever reason and as such must follow procedure to regain possesion.. if this means going to court then so be it. Remember the tenants will have to pay the court fee.

                Before anyone has a go at me I have been both a tenant and I am a property manager.. I am talking from the Law side of things and not personal feelings! I personally believe the councils should never have been allowed to sell off social housing .. but hey we can't change the past!
                GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

                Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

                Comment


                  #9
                  Originally posted by morgans1
                  I understand that, my question was regarding the councils position/responsability for housing them, because basically they seem to have advised them to sit tight until they have a property available, i work in the social housing sector and know how inefficiant they are and am worried that this will take months or longer, should i apply for a court order on the 10/07/06 to apply some pressure and to be sure that they are only there for the minumum possible time. or are the council not fulfilling their legal obligations.
                  just go through the courts and evict, where they live afterwards and if the council house them is nothing to do with you. Your tenants will be housed by the council when they are evicted and if not they will have to go into more private housing...nothing to do with you !!

                  The council might not do anything until you evict so get the ball rolling.

                  Comment


                    #10
                    thanks for the advice, have you any idea of how long this will take, how much will it cost, will the tenants be responsible for all of my costs incurred? and also can i do this myself easily. I am very busy and am wondering whether to pass it to my solicitor? thanks

                    Comment


                      #11
                      it will cost you 150 for the court but you can get it back from your tenant also another 90 for bailliffs which is harder to get back.i dont know how much solicitors fees are but that you will be quite unlikely to get back. well thats what happens here anyway i cant tell you exact prices
                      hope this helps

                      Comment


                        #12
                        Originally posted by zoe
                        just go through the courts and evict, where they live afterwards and if the council house them is nothing to do with you. Your tenants will be housed by the council when they are evicted and if not they will have to go into more private housing...nothing to do with you !!

                        The council might not do anything until you evict so get the ball rolling.
                        Cant he just throw them out? or get someone from the council to do it for him without a court order?

                        Comment


                          #13
                          Basically, the Council's view will normally be that until the tenant is evicted by court order, he/she HAS somewhere to live - it is only once they become "street homeless" that the Council must then supply accommodation thus fulfilling it's obligation.

                          Obviously there are exceptions to the rule with each case based on need.

                          In my area there are something like 3500 ++ on the Housing Register with only an average of 15 permanent homes becoming available each week, which includes housing association stock whichrather puts it into persective ....

                          My advice would be to get your court order and, if necessary bailiffs, which is when the Council must step in and re-house your tanants.

                          And no I don't work for the Council - I'm actually waiting to be rehoused myself !!

                          Originally posted by morgans1
                          I understand that, my question was regarding the councils position/responsability for housing them, because basically they seem to have advised them to sit tight until they have a property available, i work in the social housing sector and know how inefficiant they are and am worried that this will take months or longer, should i apply for a court order on the 10/07/06 to apply some pressure and to be sure that they are only there for the minumum possible time. or are the council not fulfilling their legal obligations.
                          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


                            #14
                            This is not helpful to this poster at all Billy Whizz. Your situation has already been thoroughly discussed and it isn't fair on other posters to give such sarcastic and unhelpful remarks just because no-one sided with you !

                            Originally posted by Billy Whizz
                            Cant he just throw them out? or get someone from the council to do it for him without a court order?
                            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


                              #15
                              Originally posted by pippay
                              This is not helpful to this poster at all Billy Whizz. Your situation has already been thoroughly discussed and it isn't fair on other posters to give such sarcastic and unhelpful remarks just because no-one sided with you !
                              It was said in my thread that a court order wasnt needed to get the tenant out which is why the enforcement officer thew out my tenant without a care in the world or advice on what he should do/go for advice - I think people need to make up there minds on here really (EVERYONE knows morgans1 to get rid of a tenant a Court Order is required)

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