Can I still evict a tenant with rent arrears despite council intervention?
2 years ago | 21 comments
Eviction of a tenant not yet in residence?
12:02 AM, 9th May 2025, 12 months ago
15
I had a property which burnt down in a fire 4 years ago, and was a landlady to a lovely tenant whom I took on via the local council rent guarantee scheme.
The insurance has paid for the alternative accommodation for the last 4 years. However, as the property is nearing completion in July (hopefully), the tenant has been advised that she could move back in. As the owner, I have not yet even been given a firm date for completion.
I discussed this with the tenant and told her that I was selling the property once it was ready and would have to give her two months’ notice. She was totally understanding and happy with that.
I emailed the council and asked if formal notice was required, as both myself and the tenant were in agreement and was told that the tenant has been advised that she has to move into my property and I have to go through the formal court procedure and bailiff eviction to end the tenancy.
They also advised that if she did not give me her address, I could not even serve her notice until she moved into the property. Fortunately, she was happy to give me her address. She doesn’t want to go through the eviction or have a mark against her name. I want to do all I can to help her. Notice papers were delivered by hand yesterday as instructed by the council.
If notice has been given and the tenant has not taken back possession of the property, is this still considered an eviction? The property is let out on an AST from 2020 via the council.
I have also been told by the council that she will have to move in and that I will not get the property back for 12 – 18 months, as they do not have alternative accommodation for her, although I had already instructed estate agents to market the flat once completed.
I am not evicting someone if notice is given and they have not moved in, am I? The council is telling me I will have no option but to let her move in on completion.
Is this the case in law? Any advice or suggestions would be gratefully appreciated. Neither myself or the tenant wish to go down the legal eviction route.
Thanks,
Michelle
Tags:
avoiding eviction, council rent guarantee scheme, Eviction, housing law, Tenant eviction, tenant not yet in residence
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Member Since October 2020 - Comments: 1168
4:22 PM, 9th May 2025, About 12 months ago
Reply to the comment left by Simon F at 09/05/2025 – 10:52
The tenancy wouldn’t end if it ceased to be assured, it would just become a common law tenancy. The tenant should still be covered by the Protection from Eviction Act. However, I’m not convinced that the temporary accommodation counts as a PPR and therefore I think that the tenancy remains assured in the same way as if the tenant had gone to prison for a term.
Member Since September 2023 - Comments: 157
6:46 PM, 9th May 2025, About 12 months ago
Once you sign a contract, failure to provide a house would be breach of contract. Once they move in, and the tenancy starts, to prevent them access would be an illegal eviction.
The house became uninhabitable, so if you provided temporary accommodation, and thus they haven’t signed another tenancy contract. This remains as an AST, and you must give notice as normal like s21/s8. If however they agreed to not pay rent, and signed another agreement elsewhere, it may not longer bean AST, but you’ll need to prove this, which is a challenge.
However if you agreed an end date with the tenant to leave, that is a mutual notice to quit and the tenancy would end on the date agreed and the tenancy will end. No s21 is needed, but you still need possession order and baliffs so it only saves you 2 months of notice time.
Don’t trust the council, don’t take advice from the other side. However, I believe they are right here. The key is what’s been agreed with the tenant after the property became uninhabitable
Member Since November 2023 - Comments: 8
9:40 PM, 9th May 2025, About 11 months ago
Just selling the sodding thing.
Member Since December 2021 - Comments: 161
7:50 AM, 10th May 2025, About 11 months ago
You’ll have enough hassle with one legal battle, leaving your insurer in the lurch with the tenant living in their temporary accommodation is going have them claiming against you.
If you’d have started the termination process 12 months ago, you might have got a judge to end the tenancy while the tenant was in temporary accommodation. They might have been evicted by now, and before your rebuild was finished.
Now, I don’t see any safe way of proceeding until the tenant is back in your house and you are clear of the insurers.
Member Since October 2022 - Comments: 402
10:53 AM, 14th May 2025, About 11 months ago
The lesson here is a clause in the tenancy that should the property be uninhabitable the tenancy will be at an end. I would say check your tenancies. But the rrb is having a standard tenancy (I think)