Is eviction process different for T on benefits?

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    Is eviction process different for T on benefits?

    Hi,

    As title says really, is there a different process for evicting council tennants, who are placed in private houseing?

    Thanks in advance

    #2
    If the tenant has signed the AST then he can be evicted in accordance with the procedures in section 8 or section 21 of the 1988 housing act. If the council has placed them there and are paying the rent then you will have to address your concerns to the council.


    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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      #3
      Thanks for the reply.

      They were not originally council tennants, and were not placed there by the council.

      They were private tennants, paid the deposit and the first months rent fine, then stopped paying, they went to the council pleading as they have 3 children, and the rent is now paid by the council.

      Comment


        #4
        Originally posted by Littlechester View Post
        Thanks for the reply.

        They were not originally council tennants, and were not placed there by the council.

        They were private tennants, paid the deposit and the first months rent fine, then stopped paying, they went to the council pleading as they have 3 children, and the rent is now paid by the council.
        That's not right, they may be in receipt of LHA to help pay their rent but if they are not paying proceed exactly as you would for a private tenant. Serve S8 and/or S21 immediately. They may be trying to force the council to give them a council house, or they may just be profligate, either way the longer you wait, the more you will lose. It's up to them to inform the council, unless, and this is important, the money is being paid directly to you.

        If you do decide to speak to the council you should be able to get the rent paid directly if they are 8 weeks owing.

        Put the question on the LHA forum and I'm sure HBadvocacy will advise you how, or Emma, or Westminster.
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment


          #5
          They were behind in rent, did some damage to the flat, and left. The council said they would not pay the arrears unless they were allowed back in, which they were, and the rent is up to date, as now paid directly from the council.

          The problems with them is the nuisance/drugs/parties etc, causing trouble for the 5 other flats in the block.

          The council state there is no where for them to go.. no council housing, and no private landlords will touch them.

          Comment


            #6
            Originally posted by Littlechester View Post
            They were behind in rent, did some damage to the flat, and left. The council said they would not pay the arrears unless they were allowed back in, which they were, and the rent is up to date, as now paid directly from the council.

            The problems with them is the nuisance/drugs/parties etc, causing trouble for the 5 other flats in the block.

            The council state there is no where for them to go.. no council housing, and no private landlords will touch them.
            Then use a S21, it's a 'no fault' notice and can be used after the first six months ofthe tenancy are past. if they are still in the fixed term use S21(1)(b) if after then use S21(4)(a). It is a certain way to get them out providing the paperwork is all in order. You may end up having to evict them using bailiffs, the good news is that since you are being paid direct you will get your rent right up to the eviction. Keep the council informed and be careful that you do not take or cash any cheques from the council after the tenancy is ended.

            Do that and they'll end up homeless, serve 'em right. However, I bet the council find a place for them then.

            Good luck, please tell us what happens.

            It is important that the deposit is in one of the protection schemes before you issue the S21, it will be invalid otherwise.
            I offer no guarantee that anything I say is correct. wysiwyg

            Comment


              #7
              Originally posted by Littlechester View Post
              They were behind in rent, did some damage to the flat, and left. The council said they would not pay the arrears unless they were allowed back in, which they were, and the rent is up to date, as now paid directly from the council.

              The problems with them is the nuisance/drugs/parties etc, causing trouble for the 5 other flats in the block.

              The council state there is no where for them to go.. no council housing, and no private landlords will touch them.
              If you have proof of the drugs and the disturbance to other occupants, then you can issue a section 8 notice under ground 14. There is no 'notice period' for this, so you can serve the notice tommorrow and issue court proceedings (£100 www.possessionclaim.gov.uk) on Monday. You will get a hearing date for about 4/6 weeks time. IF the judge agrees that they should be evicted, he would usually give a minimum of 14 days for the tenants to go.

              Comment


                #8
                As they have kids, and have no arrers, if they are evicted through a 'no fault' eviction then the council has a duty to rehouse them. The council say things like this to LL cos they have such a shortage of housing that they cant house people who ask them, they have to be 'involuntarily homeless' first.

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