Eviction delays - possible?

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  • xoAmyox
    replied
    It sounds to me like the only reason the council want to know if you will be claiming for rent arrears is to establish whether or not the tenant has made herself intentionally homeless or not. If so, the council had no obligation to house them. Probably just trying all they can to get another no hoper off the council list.

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  • visum
    replied
    You might get your bond amount if you have one. Unfortunately you've not made it entirely clear what you do have.

    Section 8 would still have been quicker because the notice expires in 2 weeks not 2 months. Anyway it is all academic.

    When you were at the court hearing (if there was one) the judge would have said 'possession granted in X days.' If there was no hearing you would have received correspondence to that effect.

    If the tenant doesn't leave by that day then you apply for the bailiff (again a frustrating wait), but there is no provision at that point (at least that I am aware of) for anyone to go back and extend the date possession was due.

    Just get the bailiffs round and get them gone.

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  • SamField
    replied
    Originally posted by visum View Post
    Alas almost certainly not. We've been a council contractor helping run their Temporary Accommodation scheme, and housed many tenants under Rent Assistance and Deposit Bond Schemes. Councils will not be held to any responsibility for ANYTHING beyond their bond amount (and that can be hard enough to get out of them. Trying to go down this route will be the proverbial brick wall and head situation.
    So really we're never going to get a penny out of, or any responsibility from the council or the tenant. Hence why the S21 route worked out better.

    Still leaves me a little in the dark about the whole situation though.

    If we are not wanting to persue rent arrears from the tenant, coupled with the fact that we sought and was granted a possession order on a S21, do we have to worry about not getting possession on the 14th oct?

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  • visum
    replied
    Originally posted by jta View Post

    Even if there is not anything written down there might well be some sort of responsibility on the council's part for saddling you with a no hoper.
    Alas almost certainly not. We've been a council contractor helping run their Temporary Accommodation scheme, and housed many tenants under Rent Assistance and Deposit Bond Schemes. Councils will not be held to any responsibility for ANYTHING beyond their bond amount (and that can be hard enough to get out of them. Trying to go down this route will be the proverbial brick wall and head situation.

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  • SamField
    replied
    Jta - Thanks for your help, it's much appreciated.

    If anyone else out there with any advice regarding the eviction I would be glad to hear it.

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  • jta
    replied
    Sam. There must have been some sort of figure against damage to your property. The finders fee, as you call it, is an incentive to take their tenant. I am sure if you go through your paperwork you will find some sort of reference to it.

    Even if there is not anything written down there might well be some sort of responsibility on the council's part for saddling you with a no hoper.

    I'll have to leave that question though for others more qualified than me.

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  • SamField
    replied
    Originally posted by jta View Post
    I hope not.


    But we come back to this. Did they give you a bond instead of a deposit maybe?

    Could that be the reason they are giving such advice? I am sure there's summat fishy here, Are they just trying to get you to forgo claiming against the bond?
    Not so much a bond, they gave us a 'finder's fee' as an incentive. Not a deposit.

    The more you mention it the more it sounds like they are worried about something.

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  • jta
    replied
    Originally posted by SamField View Post


    In terms of getting the property back on the 14th October - can any more spanners be thrown into the works?
    I hope not.


    and that the council ( who housed the tenant with us) have told her they will not rehouse her now if we are going to claim for rent arrears later,
    But we come back to this. Did they give you a bond instead of a deposit maybe?

    Could that be the reason they are giving such advice? I am sure there's summat fishy here, Are they just trying to get you to forgo claiming against the bond?

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  • SamField
    replied
    Thanks Jta

    She was in receipt of HB, he wasn't supposed to be living there apparently which got her into trouble.

    We spoke with the person in at the Council about it and they said she had her HB revoked.

    I don't know why they would tell her to say those things to the court. She is definately not now in receipt of HB, not paid us a penny and due to have the baliffs round on 14th Oct.

    In terms of getting the property back on the 14th October - can any more spanners be thrown into the works?

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  • jta
    replied
    Originally posted by SamField View Post
    Initially the LHA would pay the tenant a certain amount and she would top it up and pay us. She lost her housing benefit after her partner was caught working aswell as claiming and then he left her.
    So who was actually claiming? Her or her partner? I think you need Emma or Michael or hbadvocacy to advise you on this, there might be a way for you to recover some of your losses. not much chance but it's worth looking at.

    The reason I say this goes back to your original question.


    I received an email from my solicitor stating that the tenant wishes to get in contact with us ( they're no longer acting for us - no problems or anything) and that the council ( who housed the tenant with us) have told her they will not rehouse her now if we are going to claim for rent arrears later, and that the tenant should apply to the court for to delay the baliffs taking possession on the 14th.
    Why would the council say something like that if they did not think they might be, in some way, liable to you? They certainly are not going to give a flying f**t as to whether the tenant gets a ccj or not.

    I have a feeling in my water that she has been getting LHA directly and the council has realised it should have been going directly to you.

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  • SamField
    replied
    She's not getting paid HB now though, she lost that some time ago. The LHA/Council basically washed their hands of her. The rental agreement was between her and us.

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  • jta
    replied
    Originally posted by SamField View Post
    Thanks for the responses

    From what you say she could apply for and perhaps be granted a delay of eviction for upto 42 days beyond 14th October?
    No. From the date of the order. I think, someone will correct me if I'm wrong.

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  • visum
    replied
    If she's claiming housing benefit you will be able to get it paid directly to you, and you should. Just send an email to your local council giving the name and the address of the tenant, ask them to suspend her claim whilst they investigate and ask them to pay direct to you. You will need to provide rent records to show the arrears.

    This is a small thing to do, but there's a bit of money at stake, so it is worth doing!

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  • SamField
    replied
    Originally posted by jta View Post
    Just thinking about that, was the tenant getting LHA to pay the rent? If so, had you asked the council to pay you direct?

    If you did, did they?
    Initially the LHA would pay the tenant a certain amount and she would top it up and pay us. She lost her housing benefit after her partner was caught working aswell as claiming and then he left her.

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  • SamField
    replied
    Thanks for the responses

    @ Jta - I'm just concerned that it will be dragged out even further and we won't get her out of the property. My wife and I thought we were on the home straight in terms of getting this person out and getting out property back.

    From what you say she could apply for and perhaps be granted a delay of eviction for upto 42 days beyond 14th October?

    @Visum - We just wanted her out, she's destroyed what was once a nice home. Honestly we've lost a lot but it got a point where we just want the place back.

    Leave a comment:

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