Shelter hits out at rise in the number of no-fault evictions
3 years ago | 36 comments
Council advice to tenants nearing S21 date – Help!
9:28 AM, 4th September 2023, 3 years ago
85
Hello, our situation we have had a tenant in place at one of our properties for around 5 years – never increased the rent (single mum – two kids – you try not to make people’s lives harder than they need to be) – always done repairs – always acted as a model landlord.
The time has come to sell up (you all know why!) – so we served the necessary docs with a leave date of 15 Sep 23.
Today the tenant has informed me that the council have told her that the tenancy doesn’t end if she refuses to leave – but only ends if a bailiff evicts her. They have told her to stay in the property, and that if she leaves (per the S21 notice) she will be making herself voluntarily homeless and then they won’t help her.
Is this normal? This feels like incorrect and very bad advice for the tenant. The council is effectively forcing us to go through the courts to evict the tenant, adding costs and bunging up the court system, and ensuring that the tenant will get a poor reference. We will be asking for a possession order with costs – so they are also potentially making the tenant worse off!
Is the council’s behaviour in this regard even legal – Thoughts (and rants!) welcome and appreciated!
For info we have been landlords for 16 years – and never had to evict anyone yet – just one S21 10 years ago! BTW my blood is boiling on this one – the council I give £400 per month to in council tax are actively working against me – when I have housed someone for less than market rate for many years!!!
Thanks,
Christopher
Editors Note: You can find Property118s investigation on whether councils are acting illegally when telling tenants to stay put here
Tags:
council advice to tenants, councils, councils telling tenants to stay put, Eviction notice, eviction process, section 21
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Member Since July 2013 - Comments: 197
1:25 PM, 4th September 2023, About 3 years ago
Reply to the comment left by Colin Richard Noakes at 04/09/2023 – 12:38I agree Colin, in fact I thought that once a tenant had been served notice that within so many days (can’t remember how many) a Tenant should be considered , by the council, to be homeless.
Edit: just noted Jasons comments, Thanks
Member Since June 2023 - Comments: 188
1:52 PM, 4th September 2023, About 3 years ago
Obviously not a Landlord or do you like having to pay out thousands of £,s to get someone off your property
Member Since April 2015 - Comments: 468
1:53 PM, 4th September 2023, About 3 years ago
This goes back to around the year 2000 when I first tried to evict a tenant. The council states verbally to the tenant that if they left on or before the date specified in the S21, the tenant would make themselves intentionally homeless. How ridiculous!
I think one will find that no council will put this in writing for the tenant as they know that this could be taken further. I have on many occasions, asked the tenant to get it in writing from the council that, s/he would be made intentionally homeless if s/he did not wait until the bailiffs evicted them however, to date no one in the council has been prepared to put this in writing.
Member Since April 2015 - Comments: 468
1:59 PM, 4th September 2023, About 3 years ago
Reply to the comment left by Peter at 04/09/2023 – 12:14I agree. I never take a landlord reference as years back exactly what you have stated happened to me.
I had a glowing reference for tenants that were an absolute nuisance and a nightmare.
I had contacted the landlord that gave the reference and he said they were ok with him but I later found out that the same landlord could not wait to get rid of them
Member Since June 2023 - Comments: 188
2:10 PM, 4th September 2023, About 3 years ago
Reply to the comment left by Peter at 04/09/2023 – 12:14
No good moaning on here better to
email your local MP & M Gove to say that you will not be voting for them at the next election and neither will any of your family due to his anti Landlord policies
Won’t be so smug when he loses his £150,000 job
[email protected]
Member Since September 2023 - Comments: 28
2:11 PM, 4th September 2023, About 3 years ago
Gonna give you some free advice.
As things stand a s21 eviction is gonna take you the best part of a year
People presume their paperwork was in order when they moved the tenant in and only find out it isn’t when they try and do a s21….check the legalities of your paperwork
Normally a homeless charity like Shelter will step up and offer your tenant free legal advice. If your paperwork is poor you’re about to have a nightmare and you’ll be paying Shelters fees…
If your tenant is likely to carry on paying rent, that’s not too bad, but your still gonna have grief
My genuine advice having been through this is talk to her. Explain your need
Tell her she can have her deposit back. Tell her she can have a grand in her hand. Tell her you will help her move out
Tell her she can delay, she can prevaricate but she will have a years stress waiting on legal papers and worrying about bailiffs calling
Ultimately she will be evicted and if she doesn’t pay rent she’ll be in debt and have real trouble renting moving forward
So, she WILL be leaving eventually. Why not go now with that financial assistance which is a one time offer….
Good luck. Keep us informed…
Member Since March 2023 - Comments: 144
2:16 PM, 4th September 2023, About 3 years ago
As a ‘model landlord’, you ought to know the rules. Only a tenant or a court can end a tenancy.
Why are you selling their home? It’s not obvious to me.
Could you sell to another landlord? Or to the tenant?
Are you expecting to sell at a price that was inflated due to ridiculously low interest rates? I’d expect eviction to take another year and the market will look very different by then.
Member Since June 2023 - Comments: 188
2:16 PM, 4th September 2023, About 3 years ago
Reply to the comment left by Jason Harris at 04/09/2023 – 13:16
Yes he should no this, but many don’t
A lot of expense and heartache to follow tenants are not your friends
That’s why there is a rush to sell up even whilst you have Sec 21
Get out while you
Member Since June 2023 - Comments: 188
2:19 PM, 4th September 2023, About 3 years ago
Reply to the comment left by Teessider at 04/09/2023 – 14:16
Model tenant or not Tenants will stuff you and make your life hell
Get out while you can
Member Since June 2023 - Comments: 188
2:36 PM, 4th September 2023, About 3 years ago
Reply to the comment left by Collins John-chieme at 04/09/2023 – 13:22
Stop moaning and do something
Kick them out and sell up before you lose your sanity
email [email protected]
tell him you won’t be voting for him at next election
Will soon lose that smug smile when he loses his £150,000 job