tenant requesting a S21

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    tenant requesting a S21

    I have had a tenant in my property for 5 months now, a good tenant, pays
    regular etc. she is a single mom, and wants to leave at the end of the
    contract (6.3.07), today she rings me up and asks if i would fill in a
    section 21 form for her. she can no longer afford the rent on my property
    and is looking for a council property. I have no experience of these and had
    never heard of one until now. She would leave amicably at the end of the
    contract anyway, but will i be in anyway breaking the law by doing this for
    to assist her in finding a council property? Will it cost me alot?

    Any thoughts appreciated.

    #2
    A S21 is relatively easy to do I understand but you have to be really careful with the dates.

    But the tenant is under illusions if she thinks she will get a council property merely on the issue of a S21.

    You first have to give at at least two months notice within the S21 and this would not be effective until after the end of the fixed period at the very least.

    You would then have to get a court ordered possession against her, and even then the council is unlikely to rehouse her until bailiffs arrive.

    All of which YOU have to pay for !! It may well be a good couple of months after the end of the fixed period and her leaving the property.

    Added to which, collusion between the tenant and landlord is, for the purposes of getting a council property , I believe illegal, although in practical terms I'm not sure how they'd prove it.

    On the other hand, if she really couldn't afford the rent, you'd have to pay court costs to evict her in any event plus you'd have arrears.




    Originally posted by jeffers View Post
    I have had a tenant in my property for 5 months now, a good tenant, pays
    regular etc. she is a single mom, and wants to leave at the end of the
    contract (6.3.07), today she rings me up and asks if i would fill in a
    section 21 form for her. she can no longer afford the rent on my property
    and is looking for a council property. I have no experience of these and had
    never heard of one until now. She would leave amicably at the end of the
    contract anyway, but will i be in anyway breaking the law by doing this for
    to assist her in finding a council property? Will it cost me alot?

    Any thoughts appreciated.
    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


      #3
      You have nothing to lose by issuing a s21 now and it will cost you nothing (also you wont have to inforce if it turns out you dont need to) if you wait until she stops paying rent you will have wait another 2 months, maybe more depending on the day of the month.

      As pippay says just make sure it is filled out right other wise you are wasting your time.

      Comment


        #4
        Thanks for that (both of you). Makes it a little clearer. She now tells me she doesnt need a S21! Im due 1 more months rent in 2 weeks, and that should take her to the end of the agreement, she has paid promptly up till now via SO. So ill give her the benefit of the doubt and wait till 6.3.07 when contarct is up. She is also been coppertaive with letting agents too, they've been in for pics and to readvertise, so nothing concrete yet that she may mess me around.

        Thanks again.

        Comment


          #5
          has she given notice then? Is that why you're re-advertising now? Unless she gives you written notice I would be very hesitant about re-letting just yet !

          I know from personal experience that even if you are classed as in "priority need and homeless" for the purposes of being rehoused by a Local Authority in practice it can take many months for this to happen and as she already has somewhere to live (until she gets rehoused or until you evict her) she won't be at the top of the "homeless list"

          Tread carefully

          Originally posted by jeffers View Post
          She is also been coppertaive with letting agents too, they've been in for pics and to readvertise, so nothing concrete yet that she may mess me around.

          Thanks again.
          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


            #6
            Originally posted by pippay View Post
            Added to which, collusion between the tenant and landlord is, for the purposes of getting a council property , I believe illegal, although in practical terms I'm not sure how they'd prove it.
            Also, you are likely to be contacted and asked why you are evicting her, and you'd have to make up some reason which would appease the council, and lie about it. Just something else to consider.

            Comment


              #7
              The Shelter website provides advice to tenants so it is written from that perspective.

              Nonetheless, it is very good at describing the steps and process that you would need to undertake to evict her and the assistance she can expect from the council.

              http://england.shelter.org.uk/advice/advice-4144.cfm

              Here is the help that she can expect from the council housing department

              http://england.shelter.org.uk/advice/advice-145.cfm
              http://england.shelter.org.uk/advice/advice-6682.cfm

              In particular, it provides information about how they determine whether she qualifies for assistance or has made herself intentionally homeless.

              http://england.shelter.org.uk/advice/advice-156.cfm

              As indicated by the previous posters, Local authorities do not simply hand out social housing (of which there is a dire shortage) to a tenant when their fixed term private tenancy is scheduled to expire. They may place a homeless person in temporary shared accommodation, such as a B&B or refuse to help if they believe she has made herself homeless.

              Keep us posted on the outcome.

              Comment


                #8
                Hi.

                All the above has been extremey useful, well i have requested in writing her notice, and last months rent has cleared too, so all being well there should be no tears!

                Comment


                  #9
                  Not even yours if the council instructs her to sit tight until you've obtained a court order for repossession of the property and perhaps even engaged bailiffs?

                  Comment


                    #10
                    I always find it interesting that a court orders the tenant to leave by a certain date - the tenant wants council housing and so approaches the local authority. The LA then tell the tenant to sit tight until the bailiffs evict - thereby asking and concerting with the tenant to disobedience of the court order - so why are the LA's who do this never dragged up before the judge and charged with contempt of court?

                    And before anyone says money judgments are like this - no they aren't - if a debtor does not pay a money judgment, he does not have an official body telling him not to (i.e. the LA) and there are only specific enforcements available (i.e. bailiff removing goods/attach bank or earnings/charging order).

                    Roll on the day we see a Housing Officer of the LA in court for telling a repossessee to sit there until the bailiffs evict!!!!!!

                    Comment


                      #11
                      Originally posted by davidjohnbutton View Post
                      I always find it interesting that a court orders the tenant to leave by a certain date - the tenant wants council housing and so approaches the local authority. The LA then tell the tenant to sit tight until the bailiffs evict - thereby asking and concerting with the tenant to disobedience of the court order
                      I was pleased that when I recently had to evict a tenant who was in line for social housing, the LA agreed to move her in line with the timing of the posession order, and did so; so no bailiffs required. From what I've read here this is a growing trend, I think responding to a directive from Central Government?

                      Comment

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