Local authority tells tenants not to leave the property?

Local authority tells tenants not to leave the property?

0:03 AM, 7th July 2023, About 11 months ago 182

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Hello, tenants were due to vacate the property this weekend. However, the tenants have told the management agency that they have been advised by the local authority to stay put as they are a couple with a young child.

Where do I stand on this? Any advice would be greatly appreciated!

Thank you,

Sheila

Editors Note: You can check out Property118’s investigation on councils telling tenants to stay put here


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Comments

Ma'at Housing Solutions

17:32 PM, 10th July 2023, About 10 months ago

Reply to the comment left by LL Minion at 10/07/2023 - 15:34No the council do not " have to take at face value that a valid s21 was served".
This has to be evidenced.
However if the Landlord can provide his copy for perusal and the Tenant confirms that it is the same as the s21 the Landlord had issued then yes I believe that is perfectly reasonable and acceptable proof that the Tenant had been issued with said Notice but had mislaid it.
I am not the LGA or a local authority so could not answer as to whether they WOULD ignore a valid s21, I know they SHOULDN'T but ...
Indeed a Landlord is not obliged to notify anyone of their reasons for serving a s21, however by failing to advise the council's housing/ homeless team of the reason, this makes prevention and any mediation casework that much harder for Officers and causes additional unnecessary delays for the Landlord to repossess their property.
But that's just my experience...
If as a landlord you feel that "reasonable steps" have not been taken, complain to the local councillor, service director for housing and the council's Scutiny Committee that the council is failing in its mandatory duty to Prevent the homelessness.

Lynda Hazelden

11:02 AM, 11th July 2023, About 10 months ago

I want to sell my property as my husband is unable to work due to multiple operations I have served Ecton 21 and section 8 the council have advised the tenants to stay and its now costing me money I cant really afford in legal fees the tenants have stopped paying rent they've taken the back fence down to as well as removing all carpets on stairs and upstairs also in the past have been in arrears for 3yrs there's no help or protection for landlords at all!!!!

Marie Lee

12:31 PM, 11th July 2023, About 10 months ago

Reply to the comment left by Lynda Hazelden at 11/07/2023 - 11:02
I'll give you the same advice as I gave to someone else today. Contact your lender, explain your situation and ask for help if you are in financial difficulties. They are usually very helpful and well be able to suggest things you can do, they don't want to have to repossess your property if they can do something to prevent this. Good luck

Happy housing

13:51 PM, 11th July 2023, About 10 months ago

Reply to the comment left by Lynda Hazelden at 11/07/2023 - 11:02
You will need a solicitor to try to resolve this. You can have payments sent to you directly from the council, did you try that?

Marie Lee

15:41 PM, 11th July 2023, About 10 months ago

Reply to the comment left by Happy housing at 11/07/2023 - 13:51
That only works if the tenant agrees.

Happy housing

15:54 PM, 11th July 2023, About 10 months ago

Reply to the comment left by Marie Lee at 11/07/2023 - 15:41
No there's a form on every council Website. If the tenant is over 2 months full in arreas, you can request this straight from the council but in my opinion if you do that then your stating your happy to continue. You better of getting a solicitor involved might cost 2k plus but will cost much more in lost rent.

Ma'at Housing Solutions

19:30 PM, 11th July 2023, About 10 months ago

Reply to the comment left by Lynda Hazelden at 11/07/2023 - 11:02Sorry to hear of your situation Lynda.
I would advise you to seek legal advice, you can contact a law centre and/ or a solicitor.
I would also urge you to notify the council's housing options team and housing benefit team.
Housing options: Tenant's breach of tenancy agreement due to ceasing to pay the rent; possible urther breach due to tenants removing your property - the fence-.
Housing Benefit: If the tenants are in receipt of H/B this is for their rent. H/B need to be informed if the rent is not being paid.
Good luck and best wishes.

Happy housing

19:35 PM, 11th July 2023, About 10 months ago

Reply to the comment left by Ma'at Housing Solutions at 11/07/2023 - 19:30
Hi. Just a reminder if you contact the council and they pay outstanding rent it would mean tenant to stay on. Other option would be to contact a solicitor and proceed with their advice.

Ma'at Housing Solutions

19:39 PM, 11th July 2023, About 10 months ago

Reply to the comment left by Marie Lee at 11/07/2023 - 15:41
Actually strictly speaking, that's not correct.
If the Tenant is in 2+ months/ 8 weeks in arrears and there have been issues with the consistent payment of the rent, you can notify housing options that as the landlord in order to assist the tenant not to increase further the arrears and thereby put themselves in a position where they are potentially making themselves intentionally homeless which would cost the council if they have a duty to provide temporary accommodation once homeless, it would be prudent for the h/b to be paid directly to you the landlord.

Unless I am satisfied that the Tenant is financially responsible, as a housing officer, I would always ensure the H/B is paid direct to the landlord from the start of the tenancy.

Ma'at Housing Solutions

19:46 PM, 11th July 2023, About 10 months ago

Reply to the comment left by Happy housing at 11/07/2023 - 19:35
Marie I can assure you that the Council paying some or all the rent arrears does not mean that the tenant has an automatic right to remain in the property.
Council housing/ homeless prevention officers can seek for the arrears to be cleared for several reasons for example:
•As part of negotiations with the Landlord for the tenant to remain;
•To enable a tenant to secure alternative long term accommodation with an RSL.

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