A day in court with Shelter and the council’s impartiality?Make Text Bigger
After a section 8 possession hearing, we got the possession granted and before court shelter approached us, but we declined to speak to them. Shelter also confirmed that the tenant was receiving housing through Universal Credit, but not paying us the landlord.
I then received this email from BCP council:
I have been asked to make contact with you regarding the above. I am aware that possession has been granted for the above tenancy, however, a specific time scale has been set by the court, namely 6 weeks from the date of the order.
Shelter are concerned regarding the demeanour displayed by xxxxxxx at the court case and the risk of illegal eviction. I would like to remind you that illegal eviction is a criminal offence, and to ensure that your organisation abide by the timescale set by the court.
I would appreciate reassurance that the above tenant will not be evicted prior to the date set by the court and that the tenant will remain in the premises free of harassment. Please note the Council are authorised under Protection Against Eviction Act 1977 to take legal action in this regard.
We thank you for the information you have given us about our own court case and also thank you for reiterating that an illegal eviction is in fact illegal. We can most certainly give you reassurance that we will comply with the law.
We would also like reassurance from Yourself, Shelter and Mr Xxxxx that they will comply with the order and give up possession, “namely 6 weeks from the date of the order.” We would also like to be assured that the organisation Shelter and BCP council will “abide by the timescale set by the court.”
We would’ve appreciated if you would have enquired with us in regard to the matter instead of making assumptions on our behaviour and “demeanour” at court.
As it clearly states in your Private Sector Housing Enforcement Policy: “in developing this policy, we must remain impartial to both landlord and tenant to be fair to both sides and give help and advice to achieve our aim, but we must also be firm in taking enforcement action if appropriate.”
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