Council using providers to supply them with private properties?

Council using providers to supply them with private properties?

0:01 AM, 20th April 2023, About A year ago 18

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Hello, I have been given by X council a list of contracted suppliers they are using in order to secure temporary accommodation for them.

The contracted suppliers have tendered and won contracts for a period of 6 years.

The council provide the tenants from their housing lists – not asylum seekers, nor single people who are not related but families who need houses with enough bedroom spaces until a long term solution can be found. The tenants have licences with the council and can be moved on by them at any point and is also responsible for evicting them if problems occur.

These providers are looking to then rent properties direct from private landlords for a set period of time – anything from 3 – 6 years. They offer more rent than the current market rate for the area and I have to provide an initial cooker and fridge but no more furnishings than that. They check over the house before handover to make sure it fits the standard that the council requires.

I have to do the annual gas checks/EICR/EPC certs etc, and any probs with roof/walls. Anything else they take responsibility for which includes tenant damage. If the fridge breaks at anytime/trashed eg they replace it.

This sounds attractive. The area is not great and I won’t get private tenants willing to pay the same rent. I don’t want a direct contract with a benefit tenant (bad experience). There is a ban on HMO’s in this area as a result of too many issues (not that I would want to get involved in HMO’s anyway) and 200% council tax if I leave empty. There is also selective licencing (which I believe won’t apply as essentially the council is housing the tenant directly in a property they have vetted themselves to be of correct ‘standard’).

The contract one of these providers is offering though is termed a bit strangly. It refers to the Landlord as me and themselves as the tenant and then goes on about subletting. Bearing in mind I will have absolutely no idea who the actual tenant will be by default for this type of agreement, should I be concerned?

While I don’t like councils, they have passed this list of suppliers to me so can only assume they regard them as prefered suppliers. I have asked the council how they review them, what they checked on and where this information is held.

Has anyone else used a supplier like this?

1. The Landlord: Me
2. The Tenant: XXXXX Management Ltd, whose registered office is at XXX (Company Number: XXX)
Background
A. The Tenant has agreed to provide accommodation and related services to Service Users either
directly or indirectly through the Agreement.
B. The Landlord:
(a) agrees that the Property may be sub-let by the Tenant for the purposes set out in clause A
and in this Tenancy Agreement, and
(b) warrants that he has obtained all necessary legal and contractual consents accordingly,
and
(c) confirms his express consent for the Tenant to act as his Agent for the Property, and
(d) warrants that he is the legal owner of the Property
C. The Property is equipped with the Furnishings which have been provided by and at the cost of the
Landlord
D. The Landlord and the Tenant agree that the Lease is not intended to give the Tenant a secure
tenancy of the Property and that on expiry of the Term or otherwise as provided in this Tenancy
Agreement the Property shall be returned to the Landlord with vacant possession (subject to the
holding over provisions set out in clause 5.3).

Thank you,

Mark


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Comments

Beaver

15:12 PM, 20th April 2023, About A year ago

Reply to the comment left by LL Minion at 20/04/2023 - 15:03
I think you would need your solicitor to check the contract for you (and you need to factor that cost in). I also think that you shouldn't rely on the tenant company to provide the inventory; you should arrange the inventory yourself.

If you don't want to deal with tenants you might be better off with a reliable agent.

Rob Crawford

17:28 PM, 20th April 2023, About A year ago

I agree with many of the comments here (mostly if not all, negative). If you take it up there is a high possibility that you will disappointed with the outcome and it could be expensive. If you are waiting for a positive, supportive response to help you make the decision to accept the agreement, I don't think your going to get one. Take note and move on.

Bristol Landlord

19:49 PM, 20th April 2023, About A year ago

I worked most of my career in aerospace design and on a sub contract basis. The “client” ie Boeing, Airbus etc would engage my services via an employment agency. The client would sign a contract with the agency for the agency to supply my services to the client and I would sign a contract with the agency to provide my services on a contract basis to the client.
The client would pay the agency weekly invoice, the agent would deduct their cut and I would get paid by the agency.
The client liked this because legally (no pension or holiday pay etc) they were arms length from me the sub contractor and if any problems occurred they were the agency’s and subcontractors problem and I could be fired at will, unlike a permanent employee.
This actually is why I went into BTL as I had no other pension to rely on apart from the meagre state pension.
It would seem to me a comparable situation described here. What the council really wants is to secure the accommodation (your property) by paying an intermediary (the company) to sublet your property and house their social tenant. If anything goes wrong the council can walk away and say legally and contractually it’s not their problem.
That’s my take on this arrangement anyway. I have read many discussions on this subject and most times the landlord has deep regret over entering into this arrangement as the council are often total liars and don’t care if your property gets trashed. One council even placed a number of tenants in the property and then declared the property an unlicensed HMO and fined the landlord.
Be very careful.

michaelwgroves

8:46 AM, 22nd April 2023, About A year ago

Robert touches on two really important facts. To be clear, your lender will not allow you to use for temporary accommodation. I am not aware of any lenders that allow this. So first call is to bank to check, don’t take anyone’s word for this, find out for sure. You could choose to ignore this, it’s only the bank, how will they ever know…..Well, you might get away with it, but when you need to remortgage you’ll come unstuck for sure.
However, the most important thing is insurance, your current provider won’t cover it. Speak to your broker and see if you can get insurance, my guess is probably not. But again check so you know for sure.
Most people who try rent2rent, would not do it again. We did it, there was no exit clause in our agreement, so the end was a nightmare, never again.

Reluctant Landlord

17:09 PM, 24th April 2023, About A year ago

Reply to the comment left by Bristol Landlord at 20/04/2023 - 19:49
which council was this?

Problem is for us all its getting to the point you are being shafted left right and centre, no wonder those new LLs are wondering which way to turn.

On the one hand you can pick your own tenant and this is a minefield and have the issue of fake ID/ references etc or pick an agent to find a tenant. Are they really going to be any better? - only you have to pay them for the pleasure too. Talk now of agents using AI to 'formulate' reference/credit records....

Benefit tenant? Could argue 'guaranteed' rent
if you get paid UC/HB directly but again its a risk as there is normally no job referencing, credit history etc. On paper their credit looks great as they have never applied for any as they know they will get refused. A clear score is not always indicative of a perfect tenant. Inevitably they will need to pay top ups...will they?

Death of S21 is looming (anyone know if this is going to be retrospective to AST's before the law Bill is passed or only after a certain date after??) so LL's are wary now of who they take on.

I get Minion's position but what else do you do and what is really viable?

Beaver

17:15 PM, 24th April 2023, About A year ago

Reply to the comment left by DSR at 24/04/2023 - 17:09
The problem with benefits tenants as a landlord is that if it is found that the benefits tenant is not eligible for benefits then the law allows the benefits agency to get the money back off you as the landlord.

Reluctant Landlord

17:32 PM, 24th April 2023, About A year ago

Reply to the comment left by Beaver at 24/04/2023 - 17:15agree but I had this out with DWP before. It allows them to potentially request it back...but..As the person claims (I have no input/knowledge of what they claim for and eligible for or not) and it is their responsibility to tell DWP about a change of circumstance, then how can a LL be found to be at fault for a non eligible claim?
The DWP has to prove that the LL 'had reasonable knowledge' and was complicit if this were the case for it to be upheld. I tend to go get people sent to me by the council and I make them check they go through their claim with them beforehand. I ask for a copy of the councils own income assessment as a way of 'proof of earnings' too not just taking the tenants word for income by screenshot of their journal. That way you can show the decision was made at the start of the tenancy based on X situtuon. If it changed thereafter it was tenant led by default.

Maria Handscomb

7:42 AM, 29th April 2023, About A year ago

A structured settlement is a legal agreement between a plaintiff and a defendant that provides the plaintiff with periodic payments over a specified period of time. These payments are usually intended to compensate the plaintiff for damages or injuries sustained as a result of the defendant's actions.
Check https://structuredsettlementsadvise.com
for more information.

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