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 April 2015 - Comments: 468
10:45 AM, 10th September 2023, About 3 years ago
Reply to the comment left by Colin Richard Noakes at 09/09/2023 – 13:58
I disagree that section 21 does not work. I have used it many times over the years of renting and I generally don’t have a problem.
More recently, it has become far more tedious with the approximate 60 pages of documents one has to send to the court with the N5b form when making an application for possession.
One has to be meticulous with documentation, evidence of serving, etc. when renting these days but a Section 21 does work if all is done correctly.
Member Since June 2023 - Comments: 188
11:24 AM, 10th September 2023, About 3 years ago
Reply to the comment left by Clint at 10/09/2023 – 10:45
Yes you need to a professional Landlord these days as thefe are to many penalties
Just had a Sec 21, Witness Statement and Possession Order carried throgh with Direct Line Landlord Insurance. Reccommended.
So no costs other than the initial Sec 21 that you have to do
It is imperitive you include a “Costs Recovery Clause” in your AST to recover all costs.
The Courts will limit your costs without it
Member Since April 2015 - Comments: 468
1:43 PM, 10th September 2023, About 3 years ago
Reply to the comment left by Russell Cartner at 10/09/2023 – 11:24
I did not realise that with a section 21 notice one can claim more than the issue fee which is £355 at the moment. Does a “Costs Recovery Clause” enable one to claim more costs with the section 21 or is it a separate money claim?
Member Since June 2023 - Comments: 188
2:21 PM, 10th September 2023, About 3 years ago
Reply to the comment left by Clint at 10/09/2023 – 13:43
You have to present costs but yes the court must award them
Member Since June 2023 - Comments: 7
7:10 PM, 28th September 2023, About 3 years ago
Yes it’s common advice doled out by handicapped councils. It’s silly and unneccessary but there you have it.
Now you are not going to sell the property in a week. So I think a conversation to the tenant that they can stay on past the notice if they wish, but to keep looking and if they spot a somewhere similar you can help with deposit. That way at least your expenses are being covered.
Member Since February 2023 - Comments: 85
3:10 PM, 29th September 2023, About 3 years ago
Reply to the comment left by JamesB at 04/09/2023 – 20:13
Letting to people on benefits is a waste of time and again, unfair. Universal Credit only pay some of the rent. The rent on my property is £800. UC only pay £231 so when the government dictate to me that I have to take someone on benefits, I’ll tell them to take a jump. In fact, once I get this piece of s..t out, I’ll be selling to get out of this hostile market.
Member Since June 2023 - Comments: 188
4:10 PM, 29th September 2023, About 3 years ago
Complain to your local MP & Michael Gove [email protected]
Rishy Sunak is listening to his MP’s as they are now worried about losing there jobs
Member Since August 2023 - Comments: 94
6:18 PM, 1st October 2023, About 3 years ago
See if you are eligible for a section 8 and if so issue 18 days to get out.make sure you complete correctly. Apply to the courts. Councils should not be advising that way but try to get it in writing from the tenant what the council has advised.
Discuss a ccj with the tenant and future implications.
Member Since June 2023 - Comments: 188
7:43 PM, 1st October 2023, About 3 years ago
Sec 21 gives two months eviction time, they won’t leave, so you then apply for possesion order and a witness statement, which will win you a date. They will have to pay the Court fee of £462. If they remain you don’t go back to court and they will then incur baliff costs. They might ask to pay by installments.but they will be out
Member Since April 2015 - Comments: 468
7:51 PM, 1st October 2023, About 3 years ago
Reply to the comment left by Russell Cartner at 01/10/2023 – 19:43
I think you made a mistake on the court fee. It should be £355