council advise tenant not to leave until Bailiff proceedings!

[smithie]

Hi

I have asked my tenant to leave and she has accepted this but wants to secure temp accommodation via the council, having spoken to the council myself and giving them a "scenaio" where my friend is being asked to vacate. They have told me in no uncertain terms DO NOT tell your friend to vacate until a bailiff's order is issued!

I guess I am stuffed to get my home back any earlier until the S21 notice expires (2mhts), I serve an Accelerated Possession Order (1mth approx) and THEN the bailiffs are instructed to go in... (1-2 mths)..looking at about 5-6months

Any advice would be greatly appreciated....

Thanks
S

[thesaint]

My advice:

Follow the advice you have got in your opening post.

[natt48]

It does seem strange that government departments should advocate this, but I guess there just isn't enough housing.

[Snorkerz]

Hi

I have asked my tenant to leave and she has accepted this but wants to secure temp accommodation via the council, having spoken to the council myself and giving them a "scenaio" where my friend is being asked to vacate. They have told me in no uncertain terms DO NOT tell your friend to vacate until a bailiff's order is issued!

I guess I am stuffed to get my home back any earlier until the S21 notice expires (2mhts), I serve an Accelerated Possession Order (1mth approx) and THEN the bailiffs are instructed to go in... (1-2 mths)..looking at about 5-6months

Any advice would be greatly appreciated....

Thanks
S

This is perfectly normal. If the T leaves before they have to (bailiffs) then they have made themselves voluntarily homeless - they volunteered to become homeless by leaving without any legal obligation to do so.

The councils obligation is to the homeless - not the "may be homeless if the landlord follows the correct legal process". Likewise they have no obligation to the landlord, who in their eyes (and reality) is a business.

In reality, most councils step in once they are sure the LL is following the proper process (ie is serious). This is often evidenced by the council seeing the landlords application to the court, or (more usually) the court order - because only then is the eviction truly confirmed.

[smithie]

my tenants are being advised not to leave by the council although they are unable to pay the rent, they are only given one side of the story and dont appreciate I will pursue them for the rent via the courts and this would lead to a CCJ against them.

Surely the council can't give out such bad advice, any point in collating any evidence and reporting them??

My tenant is amicable and wants to move but is unable to due to the council not even willing to consider her situation until it becomes a court matter....

Thanks
Smithie

[jta]

Surely the council can't give out such bad advice, any point in collating any evidence and reporting them??

smithie

But they do, all the time. Who would you report the council to?

Their duty is towards the homeless, and the unintentionally homeless at that so they are not going to spend tax payers money on your tenants unless they can't avoid it. That point comes when the bailiff knocks on the door.

[P.Pilcher]

If they are unable to pay their rent and are more than two months unpaid (i.e. if their rent is due monthly in advance and their second month's rent is one day overdue) then you can evict using section 8 ground 8. The notice period for this is only two weeks before court action and you can also obtain a CCJ for the payment of rent owed.
Whether the council will now re-home under these circumstances I cannot say, but you will get your property back quicker.

P.P.

[smithie]

Hi Pilcher

I hope you can advise on the below:

The rent is due 2 months in advance and the contract commenced on 6th September 2010, the tenant had difficulties managing her money and decided to pay the rent weekly rather than monthly in advance, pro- rating the monthly rent.

The current situation is I have not received any rental payments since 22/04/11, I am £275 short of the June rent.
I have served notice on 21/4/11 (S21 that expires on 5th July 2011) and to date I havent received any payments. At best they think they can pay on Friday 17th June.

I don't believe I can issue a S8 as the tenant isnt two months late?

Thanks
S

[smithie]

Hi Pilcher

I hope you can advise on the below:

The rent is due 2 months in advance and the contract commenced on 6th September 2010, the tenant had difficulties managing her money and decided to pay the rent weekly rather than monthly in advance, pro- rating the monthly rent.

The current situation is I have not received any rental payments since 22/04/11, I am £275 short of the June rent.
I have served notice on 21/4/11 (S21 that expires on 5th July 2011) and to date I havent received any payments. At best they think they can pay on Friday 17th June.

I don't believe I can issue a S8 as the tenant isnt two months late and won't be until 6th July?

I dont know from a legal angle if by taking the rent on weekly basis rather than the agreed monthly basis per the AST I am in breach of any rules re: S21 or S8?

By the 6th of May, the rent for all of May and ALL of June should have been paid. As only most of June has been paid, is it correct to say June remains unpaid as well albeit only partially?

Many thanks
Smithie

[Wickerman]

But they do, all the time. Who would you report the council to?

Their duty is towards the homeless, and the unintentionally homeless at that so they are not going to spend tax payers money on your tenants unless they can't avoid it. That point comes when the bailiff knocks on the door.

If a tenant is told this by the council the council could possibly be sued for maladministration.

The tenant is been evicted through the legal process. The tenant has received an order by the court to leave by a certain date.

The Balliff is a way of enforcing that order.

If the tenant stays past the date they have been ordered by the court to give up possession they are effectively sticking two fingers up at the court. By telling them to do this, the council are telling the tenant that the court should be ignored.

[jjlandlord]

It is quite standard I think for a council. They do not want to spend their resources (paid by the taxpayer) until they really have to...

If a tenant is told this by the council the council could possibly be sued for maladministration.

Not at all. Tenant need not vacate until possession order is executed by bailiffs.

[Wickerman]

I do not agree with this - yes, the landlord cannot force the tenant out, however the baliffs are only executing the PO.

Otherwise, you should be able to book the baliffs in at the same time the judge awards possession.

[midlandslandlord]

I guess I am stuffed

Essentially, yes.

ML

[smithie]

Thanks all

Having researched this a bit more, I may go through the much higher costs of obtaining a High Court Enforcement Officer to execute the eviction. My understanding is this can knock weeks of the process albeit much more expensive...the irony of this is I'm now homeless and need to get my house back!

[natt48]

the irony of this is I'm now homeless and need to get my house back!

Maybe you should become a professional tenant!