Section 21/ Court Order? help please

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    Section 21/ Court Order? help please

    I have been directed here by someone on Moneysavingexpert. I have been renting out a 2 bed flat. The flat is in desperate need of a complete overhall so I decided to give notice, renovate and then re-let the flat. One of the tenants has been there for 3 years and always paid rent on time. During the period of notice he lost his job and asked if for the remainder of the time if he could go on housing benefit. I allowed this as he was a good tenant (even though my mortgage agreement does not allow it).The tenant should move out today, but has now shown me a note from the council saying he should stay in the flat as to move out is making himself homeless and he will lose benefits. I had not realised the section 21 notice which he signed is not legally binding. Do I have to go and get a court order now? If you have been through this or know how to do this and how long it takes please let me know. Thank You.

    #2
    Providing the Section 21 (Notice Requiring Possession) has been completed correctly you will be able to seek its enforcement by obtaining a Possession Order from your local Court.

    If the Possession Order is not complied with you may need to re-approach the Court to get bailiffs to hand the property back to you. Some Councils will not help their housing applicants until this final stage.

    You could move ahead and apply for a Possession Order and ask your tenant to request the Council to confirm that they will take action to help him/her on expiration of the Possession Order.

    Presumably the Moneysaving expert has dealt with the amount of investment needed for refurbishment and the additional rent you will achieve.

    Usually Housing Benefits do not cover the full market rent so if you wish to increase the rent would you current tenant be able to pay a little more?

    The whole process to secure and eviction could take many months orientated around when Court time can be allocated to process the various stages.

    There are advantages in having a secure Housing Benefit applicant who is prepared to accept the property as it is and cosmetic refurbishment is not essential.

    A good tenant who has been at the property three years is an asset!

    Work out how much you stand to gain and lose an unoccupied property during refurbishment and if you cannot let continuously will cause losses to mount up.

    Maybe search and read more on these forums about section 21 notices and what can go wrong.
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    Comment


      #3
      You will find the Shelter website sections about local authority assistance for potential homelessness and eviction very informative. They offer free advice to tenants so it is written for their benefit and tells them all about the process and their rights.

      Nonetheless, you can gain an understanding from their site all the steps involved from the landlord's perspective, too, including why the council won't help the tenant if he voluntarily moves out.

      Comment


        #4
        Thanks for your help.

        Comment


          #5
          I don't know if this would work, but if you were selling or moving back into the house, and the tenant informed the council of this then I assume they would act, as the tenant is not making himself intentionally homeless?

          Comment


            #6
            Originally posted by FRESH View Post
            I don't know if this would work, but if you were selling or moving back into the house, and the tenant informed the council of this then I assume they would act, as the tenant is not making himself intentionally homeless?
            Under a Section 21 Notice the landlord does not have to provide reasons for requiring possession .

            The landlord must follow legal procedures to regain possession and follow up the non-compliance with the Section 21 Notice with making an application to Court for a Possession Order.

            The legal process is quite clear and the Council will want them followed to the letter - otherwise the Council could be condoning an illegal eviction.
            Vic - wicked landlord
            Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
            Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

            Comment

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