Serving Section 21 on a property rented out through a council

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    Serving Section 21 on a property rented out through a council

    I am new user of this forum and have been impressed by the useful information that the members have been able to provide to queries. I hope you'll be able to help me with this one.

    I have been renting out my property through one of the London Borough Councils and my assured shorthold tenancy agreement is with the Borough. The agreement was for three years and came to an end in February 2011. The council tenant, selected by the Council and with whom he presumably has an agreement, has remained in the property since February and the Council have continued to pay the rent monthly. Unfortunately, the tenant has proved to be somewhat challenging and sadly the Council has not been terribly vigilant in ensuring that the tenant treats the property responsibly. I would therefore like the tenant to move out. The Council informs me that I cannot issue a Section 21 on the tenant, but I have heard that I can issue one to the Council - is this correct?

    The Council have said that they will try and move the tenant out within 6 months but they are under no obligation to do so. My worry is that if I don't go down an official/legal route, and with the shortage of properties available to the Council, the tenant will remain in the property continuing to cause havoc.

    Any information, advice, alternative approaches or things to look out for would be much appreciated.

    Best wishes,

    Steve Wood

    #2
    Originally posted by Steve Wood View Post
    I have been renting out my property through one of the London Borough Councils and my assured shorthold tenancy agreement is with the Borough.
    You can only grant an AST to an individual, so the tenancy agreement you have with the council is not an AST, it's a contractual/common law tenancy.

    I would therefore like the tenant to move out. The Council informs me that I cannot issue a Section 21 on the tenant, but I have heard that I can issue one to the Council - is this correct?
    The occupier is not your tenant so you cannot evict him. Nor can you serve a s.21 notice to the council because Housing Act 1988 doesn't apply (because it's not an AST).

    You will have to serve a notice to quit. Note that the tenancy with the council is now periodic, because, after the fixed term tenancy ended in February 2011, you continued to accept rent, thus creating a periodic contractual tenancy.

    My worry is that if I don't go down an official/legal route, and with the shortage of properties available to the Council, the tenant will remain in the property continuing to cause havoc.
    You have no alternative but to go down the legal route. I would recommend you seek legal advice from a specialist in landlord and tenant law, given the complexity of the situation.

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      #3
      Dear "Westminster"

      Thank you very much for taking the time to reply my query. It seems the Gods have decided to smile upon me - the tenant moved out of his own accord. It seems he has been able to find permanent council accommodation - I found out on Friday.

      I remember reading in a Which Guide on being a landlord asking oneself whether you are the type of person that can be a landlord, my experience over the last three and half years have revealed that I am not that kind of person. I have decided to sell my flat for an easier if perhaps a less lucrative life.

      Thanks again for your help,

      Best wishes,

      "Steve".

      Comment


        #4
        Well, the Gods have certainly smiled, so that's great. But I think your experience as LL could have been a lot different if you hadn't gone down the route of letting via the council (which is something I would never do, because of the sort of problems you've experienced).

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