Local authority tells tenants not to leave the property?

Reply to the comment left by Hitesh at 13/07/2023 – 07:55
Does the tenant have to agree with payments coming directly to landlord though?

Reply to the comment left by Happy housing at 14/07/2023 – 12:03
Previously they used to; unsure what the rules are currently.
Previously if more than 7–8 weeks arrears then direct payment was requested but since then authority’s have changed and I believe they’ve withdrawn this facility; best speak to your local housing benefit section.

Reply to the comment left by at 07/07/2023 – 10:02
We are in the same position, as landlord. Our lawyer advised serving a section 8 on ground 1. Intention to move back in and live there.

Reply to the comment left by Raymond Foulkes at 14/07/2023 – 12:47
But if there in 8 weeks arrears as my tenant is, This should be the case to order a possession order.

Reply to the comment left by Happy housing at 14/07/2023 – 12:49
You can make a section 8 on ground 10 as well if you are claiming rent arrears or if the rent is paid persistently late. We are claiming on grounds 1 and 10. Ground one is the most reliable if you can show that you have nowhere else to live.

Yes but ground 1 is 2 months notice. I’ve already served s21 now trying to serve s8 rent arrears well over 3 months. Tenant not even giving access.

Reply to the comment left by Ma’at Housing Solutions at 11/07/2023 – 19:39
its very useful having you on here Ma!

Another question if you don’t mind…

Is there any guidelines that the council are expected to follow before a S21 is issued? If the tenant is know to the council to be vulnerable/have special considerations and therefore person to whom they would owe a prevention duty, are they not under an obligation to act to ensure they do not make themselves intentionally homeless?
I’m about to issue a S21 but want to try one last time with the council to get them to pay the tenants top up arrears. Tenant is not in right state of mind/needs further assistance to apply for a DHP for example to ask for help themselves.

Council are sticking to the mantra they are ‘supporting tenant’ but tenant has to ask them for help in the first instance. I have argued this may be ideal but in this case this is not enough. I have suggested they COULD and SHOULD act as an appointee.

(DHP Guidelines Manual May 2022)
Section 27 Can another person make a claim on behalf of the claimant?
27.If reasonable in the circumstances, for example, if a claimant is vulnerable
and requires support, an application can be accepted from someone acting on
behalf of the claimant such as an appointee.

Is there anything else you I can point them to? I dont want to issue a S21 as I know that this may tip tenant over the edge mentally and who wants to do that? Not me. But it seems unless council assist then I will be forced to do so if this is what it is the only way they are forced into action.

Any ideas?

Reply to the comment left by DSR at 14/07/2023 – 16:24
How are you getting the council to talk to you, all they say to me is get a solicitor

Reply to the comment left by Happy housing at 14/07/2023 – 16:26
‘talking’ is actually by emailing them directly and not giving up! Its a fairly proactive council and I house some of their more ‘interesting’ tenants. They are grateful as I am one of not many LL’s that do this so ask them to provide everything about the tenant before I agree to take them on (quoting back to them that to be a good LL I HAVE to fully reference…)

I DEMAND evidence and written agreement that they pay the RIA and deposit or Bond before anything progresses. I have a block of 12 flats and they know I can go elsewhere anytime and not choose to house their clients so they tend to try and keep me onside. I have also houses some of their Ukranians. A case of mutual benefit. I have something they want and I will make them aware of this if they overstep the line and make things difficult. It also means that they WILL have duty of care to the tenants they send to me to house, so its always going to be cheaper (yes its all about this for a council not the person!) for them to pay any arrears etc to secure the tenancy. If things to do to the wire (S21) then I blast them with emails one this is issues reminding them they are on a time limit but that I am open to mediation (most times paying off with the debt). If they dont I openly state that I will have to increase the rent next tenant round (to make up for evictions costs etc) so that will automatically rule out any of their new tenants they may ask me to house simply on affordability…..

Reply to the comment left by DSR at 14/07/2023 – 16:24
Does your tenant have a support worker?

Also, I was talking to Landlords only this week who had issued a section 21 which was ignored by the tenant and they stopped paying rent. The LLs then issued a Section 8 and applied for a court order.

On attendance, the TT arrived in court with a representative from Shelter who apparently was very helpful and acted as a mediator. They even phoned the council from the court who then agreed to pay some of the arrears. A suspended possession order was granted with a CCJ against the tenant.

I think the point I am making is that perhaps in this instance the TT needs someone to mediate on their behalf and you are not impartial (although you are trying to help)