Profile incomplete
9:15 AM, 8th August 2023, About 9 months ago 36
Text Size
Hello, I am approaching 70 and I issued my tenant with a letter to vacate the property on the 22nd of February 2023. I did not give a time frame but just to let the tenant know what my intentions were.
On receiving the letter my tenant decided that he was going to apply for a council property. He is an ex-serviceman and also very ill as he suffered from PTSD as a paratrooper for many years.
My tenant was assigned an adviser from the Mental Health NHS Foundation Trust which deals with homeless issues. My tenant met with the adviser who has been a great support and a good point of contact for me if I had any concerns or issues.
My tenant contacted me informing what documentation was required by myself to start the application process for accommodation for him.
The documentation I was asked for is as follows:
By Easter, I was advised by my tenant that the mental health trust adviser had all the documents that he needed to forward to Solihull Housing for his application to be processed. The tenant will then be issued his PIN number to bid or express an interest in a home.
This is where everything went wrong.
The first contact I had with Solihull Housing was a telephone call on the 23rd of May asking me to supply the Section 21 notice as the dates did not marry up and part of the form was missing. I was not best pleased as I had given everything to the adviser by email. The council seemed to care more about following procedures rather than my tenant’s health!
I contacted the mental health adviser and asked what the problem was but he had no idea and confirmed that everything had been sent over.
I kept asking my tenant if he had received his pin number. The answer was no.
I placed the property with the estate agents mid-May and agreed to a sale 2 weeks later to a FTB. I informed my tenant of the agreed sale and said it would be the end of July before the sale would be complete. He still did not have his pin number.
I received another call from someone at Solihull Housing on Wednesday 7th June to say that my tenant was not getting his pin number as I had not started repossession procedures.
They said that if my tenant left the property of his own validation then he would go to the bottom of the housing queue. They said I had to follow procedure and apply for repossession at a cost of £375 and then wait for the bailiffs to evict him.
The sale was still progressing but no movement regarding the pin number.
I got another call on 1st August from Solihull Housing saying that they needed the section 21 form as all they had was my letter dated 22nd February. I was angry because I had sent the documents again to the mental health adviser as a precaution.
Solihull Housing said again that I had to apply for repossession to get my tenant out and to follow procedure.
The person said that they have told my tenant not to leave the property and that he had to be evicted. Solihull Housing asked for the Estate Agent’s details as they said they were going to contact them and tell them that he would not be leaving the property!!
By this time I was very agitated and rang my tenant’s mental health adviser immediately and told them of the situation.
The adviser confirmed that I had on several occasions sent all the paperwork. The adviser said they would contact someone they had dealings with at Solihull Housing and get the matter sorted.
The adviser told me my tenant should have received his pin number two months ago!!!
I rang my tenant late afternoon on Wednesday 2nd August told him the situation and said that he had to vacate the property by the 11th August as that was the exchange day for the sale.
Within an hour of our telephone conversation, the tenant received his pin number.
This was an appalling stressful and inefficient service as it has taken 5 months to get this far. I hope my tenant will get a home so he can recover and I can complete my sale.
Thanks for reading.
Editors Note: You can find Property118 investigation on councils telling tenants to stay put here
Previous Article
Landlords renting to illegal migrants face huge new finesNext Article
Short term letting to business travellers?
Mick Roberts
9:42 AM, 8th August 2023, About 9 months ago
You say it very well. Council's giving this ONE person longer. Hurting you. Which is why we not giving tenants chances next time. They save one tenant for a few months & hurt the next 1000 waiting.
Graham Bowcock
9:43 AM, 8th August 2023, About 9 months ago
It is clearly unsatisfactory when tenants are actually advised by the local authority to stay put pending a formal eviction. However, it is not clear that you have followedf the correct procedures. S21 can only be served legitimately if you haved delat with all the pre-compliance documents properly - that's whay theyn wanted to see the EICR and gas safety certificate.
I think you were optimistic bringing the property oto the sales market before gaining vacant possession as you cannot guarantee VP.
You cannot take possession simply by serving a s21 notice; if the tenant fails to vacate then you need a Court Order for posession.
As an aside I think you may have become too involved in the tenant's affairs. Although your intentions were to help the tenant (whilst securing VP for your own aims) you need to remember that your contractual relationship is with the tenant. You may also fall foul of GDPR rules.
Darren Peters
10:10 AM, 8th August 2023, About 9 months ago
Reply to the comment left by Graham Bowcock at 08/08/2023 - 09:43
I wonder if you would get in trouble for advising the tenant to not pay their council tax.
Dino Saw
10:28 AM, 8th August 2023, About 9 months ago
Your problem started at the beginning when you failed to serve the section 21 documents properly.
All you have to do and if I was you I would do it now anyway is serve your copies of gas certificate, EPC, copy of Electrical safety certificate and copies of prescribed information.
When I say serve them I mean get a document server to serve them don’t do it yourself and they will provide proof of service (delivery).
You have to serve these first before serving a section 21 or section 21 may be invalid.
Then when done serve your section 21 again using the document server as they will provide proof of service.
After section 21 eviction date has passed apply to court for eviction making sure you give the court enough copies of all documents.
Then wait for court to approve your documents and start the eviction process and issue the order. If tenant dies not move out follow the eviction process…. Do not engage with tenant about personal issues or circumstances - communicate and sympathise with the tenant but do not allow any personal issues to delay the process. It’s tough but unfortunately it’s the only way you will get the eviction.
Stop talking to tenants associates, disengage yourself from these outside noises and let the process now do the work for you. Stop being mr nice guy trying to do the right thing but follow the eviction process…sorry a bit tough but it’s the best advice.
You will have to do your own research about the process…. the above should not be taken as legal advice but just my experiences and how I would deal with it as I have many times before.
Good luck with it all
Churchills Tax Advisers
10:35 AM, 8th August 2023, About 9 months ago
So the motto seems to be:
1. Don't be a residential landlord.
2. If you must be a private landlord only take on perfect tenants, with plenty of income and a track record of employment.
3. If at any stage the tenant has issues with paying rent immediately give notice, so the maximum loss is, say, 6 months rent and legal costs.
4. Don't have any sympathy or empathy with tenants, it will backfire.
It's a sad world.
Graham Bowcock
10:39 AM, 8th August 2023, About 9 months ago
Reply to the comment left by Churchills Tax Advisers at 08/08/2023 - 10:35
Harsh, but true.
Sadly the governmenbt's desire to end the PRS is causing misery for both tenants and landlords.
A well run property letting business can function profitably, but as you say there is a need to avoid anyone who is less than ideal as a tenant.
Fergus Dodd
10:51 AM, 8th August 2023, About 9 months ago
My tenant illegally sublet the house I was renting to him.
The local Council, Newham threatened to revoke my Landlord's Licence, because house was not registered as a HMO.
I started eviction proceedings against tenant, but Newham Council advised him to stay in house until he was evicted.
You heard right, the same Council who threatened to revoke my Landlord's Licence eventhough it was not my fault, then encouraged tenant, who was responsible, to remain in the house.
It took me 14 months and cost me over £27000 to regain possession of my house.
Anyone who would rejoice at the suffering caused to a Landlord should look at rents in Newham and see who is really suffering.
Dino Saw
11:21 AM, 8th August 2023, About 9 months ago
All councils and legal advisors would advise the tenant not to leave until the full eviction processed has completed.
It’s just a fact that we all have to live with and nothing unusual.
Bristol Landlord
13:05 PM, 8th August 2023, About 9 months ago
Reply to the comment left by Dino Saw at 08/08/2023 - 11:21
It may be a fact, but it is also a moral and ethical disgrace.
Local Authorities have been given, deliberately in my view, way too much power and too little accountability. The only methods a resident has to complain or challenge a Council’s illegal or unethical behaviour is to either the Ombudsman, LGSCO, which is very imperfect at best due to a strict time limit and then the personal opinion of a caseworker.
Or a Judicial Review which is extremely expensive with an uncertain outcome.
A complaint can be made to your MP but good luck with that as you have to get their interest in your complaint.
Definitely the whole system is stacked against the ordinary person unless he is a celebrity or politician or quite wealthy.
Tony Johnson
13:29 PM, 8th August 2023, About 9 months ago
Reply to the comment left by Graham Bowcock at 08/08/2023 - 09:43
Very well put.
If you get too personally involved you risk that going against you.
The council and government like nothing more than Landlords acting as social services.
They will just exploit your good intent and squeeze; you until the pips pop.
I use a letting agent.
I don't want any contact or involvement with tenants because i too would start feeling guilt and compassion but sadly thats a road to nowhere with the state of this country and with so many chancers ready to exploit you.