Can the council rehouse my disabled tenant?

Can the council rehouse my disabled tenant?

0:01 AM, 6th June 2024, About 2 months ago 13

Text Size

Hi, I was granted possession after a wait of over 7 months. Since one of my tenants is disabled, the judge has given them the maximum time to stay. However, I doubt they will leave when the two-week eviction period ends.

Should I write to the council to ask them to rehouse my tenants? Even though the tenants have failed to pay their rent over 7 months, I’m feeling bad to have to evict a disabled person.

However, universal credit won’t pay me directly as they say my tenant does not qualify for full benefit due to their earnings. I feel stuck in the middle and unsure on what I should do next.

Surely the council has a duty of care to have to rehouse my tenants? Has anyone encountered a situation like this before?

Thanks,

S


Share This Article


Comments

Cider Drinker

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

9:48 AM, 6th June 2024, About 2 months ago

Don’t feel bad.

Their disability is not your fault. Their disability may affect some of the things that able-bodied people can do. It doesn’t affect their ability to pay their rent.

If they don’t leave, apply to the court for bailiffs to remove them.

Reluctant Landlord

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

10:19 AM, 6th June 2024, About 2 months ago

as CD says.. rent due is rent due. His disability does not give excuse for this, and it is just he is treated the same was as every non paying tenant.

UC are only saying no because if they do not get the full rent paid by the state, then they probably wont have reached the 2 month equivalent of TOTAL rent owed which is what is needed to trigger direct payments to LL. There is nothing stopping you for applying for direct payment for what UC rent contribution he does get though so full in the UC 47 for direct rent payment asap.

If I were you write to the tenant sending them a link to apply for a DHP from the council. Tell them they have little chance of being rehoused as priority as they are in arrears which are seen as tenant's responsibility (making themselves intentionally homeless). Suggest they apply for a DHP quickly as this can pay off the arrears, so it's in their benefit to do this. The DHP is an award so does not need paying back (this might sway them to apply)

At the same time email benefits at the council and say you have a vulnerable tenant who is now at risk of imminent homelessness. Tell them you have advised they apply for a DHP and sent them a link to do so. Suggest that because of the disabilities they are finding it difficult to deal with this but you are willing to work with the council to get this addressed as clearly they will have duty to house him once possession is granted because of his vulverabilities. See what they say.

IF the issue for you is just the rent arrears, then if the council are willing to pay these off, then you are back on track and not financially at a loss. There is nothing stopping you issuing a S21 as soon as possible thereafter.

(NB If you have to go through the whole process to evict him at the end of the day, the council will have the info about the rent arrears on his record already and then you can follow up telling them the extent of the arrears after his has left. Leaves a black mark on his record hopefully)

northern landlord

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

12:54 PM, 6th June 2024, About 2 months ago

There is much said about landlords needing to be more “professional”. Landlords should look at evicting tenants who don’t pay the rent as a purely business thing. Never mind if they are a little old lady a family or disabled. A professional landlord is not clouded by sentiment and does not feel any sense of obligation to house anyone except for profit or any guilt about “kicking them out on the street” to use popular anti landlord parlance. I suspect many of us might want to serve a bunch of Section 21 notices but guilt, sentiment and obligation is standing in our way.

Kopf Schmerz

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

14:57 PM, 6th June 2024, About 2 months ago

You can call the County safeguarding team. Don’t expect much but it’s something you should do
Also, check their references and see if their declared profession is compatible with their claim of disability. There are a lot of fraudulent references about. I had a highly paid project manager suddenly present as a catatonic autistic, and they’ve abused not only legal aid but haven paid all rents and have claimed benefits. Either one claim or the other is phoney. Not that the courts address this.
Make sure you pursue them for the arrears, it about equality after all.

Neil Robb

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

15:50 PM, 6th June 2024, About 2 months ago

Wow your tenant deliberately not paying rent and you feel bad for them. Even after UC say tenant is earning to much . They may pay a partial amount.

Why would tenant move when living rent free.

Most councils will not house a tenant in arrears as they consider it making themselves intentionally homeless.

I would apply for direct payment on UC form 47 . And apa alternative payment arrangement for arrears.

I would do money on line claim now for arrears and go for ccj . And another molc when they leave.

Did you get judgement for arrears and costs for eviction

A fedup landlord

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

18:16 PM, 6th June 2024, About 2 months ago

Reply to the comment left by Reluctant Landlord at 06/06/2024 - 10:19
Judge has already granted me a possession order during our hearing, given them maximum days he is allowed to grant under sec 21 which ends in two weeks time. I'm still waiting for paperwork to come in post. I applied for a direct payment from UC twice and was refused. UC called me to say as tenant only qualifies for partial benefit, UC system is not designed to pay partial benefit directly to landlord, they can only pay full benefit or none. they requested council case worker to call me, but council never did. When I call council, they can't speak to me without tenant presense. Is it too late to apply DHP for them? As they are supposed to leave my property in two weeks, I have just seen it takes 2 weeks to process DHP application by council. I write to court now to ask for a money order to be added as well as a permission to transfer the case to High court, as bailiff service at our county court is up to 17 weeks. I will email council now and see if they can rehouse the tenants before bailiff comes. thanks for your comments, which is very helpful.

TheMaluka

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

18:38 PM, 6th June 2024, About 2 months ago

Reply to the comment left by A fedup landlord at 06/06/2024 - 18:16
Detach yourself from this problem, the tenant has wilfully withheld the rent and must now suffer the consequences.

davidos

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

9:50 AM, 7th June 2024, About 2 months ago

They will accept a temporary duty once evicted or just before eviction, however a permanent one possibly not due to arrears (can be classified as "intentionally homeless" although can be challenged when S21 and not S8 was used I.e because possession will have been granted regardless).

"universal credit won’t pay me directly as they say my tenant does not qualify for full benefit due to their earnings."

That makes no sense and isn't how UC works. If you've got that info by phone or tenants "journal" signed by "service centre" assume it's wrong (UC contact centres are outsourced to staff from a huge outsourcing firm called Civica and they regularly are categorically wrong on the most basic rules)

If tenant has engaged the Council contact the housing officer assigned the case, try and work with them to get direct rent payment of UC and DHP (if your rent is higher than the LHA tenant is entitled to)

Reluctant Landlord

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

12:07 PM, 7th June 2024, About 2 months ago

Reply to the comment left by A fedup landlord at 06/06/2024 - 18:16the tenant can apply for a DHP anytime - and when they do they can make it explicit that they are being evicted for rent arrears so the council WILL be obliged to act swiftly to come to a decision and make an award if that is what they see it is going to take to secure his current accommodation.
At the end of the day he will be back on their list and costing them a lot more money in temp accomodation costs than it will ever cost them to pay of the arrears so in their interests to basically pay you what's owed.
Yes you can't apply on his behalf that's true but if you can make it clear he could have the debt wiped that might work.
Will he give you permission to help him fil the form in? If not will he call the council to give permission for you to discuss getting the arrears paid off on his behalf?
If he is not willing to engage then you will have to bite the bullet and evict - but do so in the knowledge that is of HIS making not yours.
As he is working it seems then MCOL the lot, all the arrears, all your court costs etc - let him learn the hard way. He will be classed as 'intentionally homeless' and then stuck far longer in temp accommodation that the average person especially if he needs a property with adapted needs etc.

Mick Roberts

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

8:59 AM, 8th June 2024, About 2 months ago

I've got loads of disabled tenants. Some worse than others, some milking it.
Even my extremely Mentally Physically ones, last time I checked, mortgage lender wouldn't let me not pay if they didn't.
And the lack of help I/We get from UC & the Council to solve this is shocking-She must ring us they say-Even though she can't use the phone.
I've even took Nottingham Council to LGO to get help for her. LGO say Council have it in hand. Such liars these Council's.

1 2

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now