Regaining possession of a private sector leased property?

Regaining possession of a private sector leased property?

9:26 AM, 12th April 2024, About a month ago 12

Text Size

Hi, does anyone have any experience of getting possession of their property back which is leased under a private sector leasing agreement (PSL) to a council / agency?

I have seen articles that councils are not giving properties back to landlords after notice is served. Ignoring the notice.

I am interested in exactly what sort of notice should be given (i.e. Notice to Quit), and what steps people would advise to take to regain possession.

Things like recommended solicitors, what sort of defences/excuses the council will use to keep the property such as Human Rights, their Statutory Obligations etc and generally people’s experiences of going through this dreadful process.

Thank you,

Nick


Share This Article


Comments

anthony altman

9:41 AM, 13th April 2024, About a month ago

Regrettably many councils have a long history of unlawful and criminal behaviour ,and are totally unaccountable
It is a sad fact that as a landlord in the UK you and your family have no longer any human rights

Fed-up Landlord

12:49 PM, 14th April 2024, About a month ago

Not terribly helpful, I know, but the best action is to never get into any kind of agreement with the council, however tempting or lucrative it may seem.
Once they have placed a tenant, invariably one who is troublesome, they simply walk away from their obligations.

Nick Van Hoogstraten

17:19 PM, 14th April 2024, About a month ago

Reply to the comment left by Fed-up Landlord at 14/04/2024 - 12:49
Thank you. I understand this. In my case the Council is the Tenant. They put their own occupiers in. I don’t have any contact at all.

Jason Lewis

20:36 PM, 14th April 2024, About a month ago

Reply to the comment left by Nick Van Hoogstraten at 14/04/2024 - 17:19
Im going through same problem right now . I’ve been waiting for 15 months after serving notice . The managing agent is a limited company and the sold themselves as my tenet . They are saying the longest I will wait is 18 months. I have lost patience with them as I’m desperate now. I’m taking legal action . I’ve been told by eviction specialists, to serve the limited company who represents the local authority with a notice to quit . If they residents remain in the property after 28 days. You apply to the courts for a repossession order and I’ve been informed there is nothing the council can say , since my contract is with the limited company . Im hoping all this is true and will work

Rashpal Devgun

6:50 AM, 15th April 2024, About a month ago

Had exactly the same problem. We went through landlord action group.
Had to go through the normal process, serve 2 months notice for possession.
The Managing Agent ignored us, then replied to say the council needs to find the tenant a new place. At the end of 2 months, took the Agent to court Finally got possession after around 6 months, having also had to get bailiffs involved.
House left in a mess. Council ignored all emails and letters in which we requested they carry out repairs or pay us some compensation. They did not reply hence we have now served summons upon the council and Agent who let to the council. Luckily we had legal protection so won't cost us a penny. Agent was ordered to pay our original legal costs of £3000 which has just been paid. Next will be the summons for damages. We only did this as we had legal cover. Otherwise its very stressful and legal costs are very high if the Agent or Council decide to fight back. The lesson here is always take out legal cover with rent guarantee insurance. All our outstanding rents were eventually paid.

Nick Van Hoogstraten

9:40 AM, 15th April 2024, About a month ago

Reply to the comment left by Jason Lewis at 14/04/2024 - 20:36
Jason, thank you for your reply. I own my property with a 'friend' who gave away possession before we even got the lease! The Council is our Tenant. I am concerned with the whole anti- landlord sentiment. Looking at what's happened in Scotland too. I fear the longer I way the worse it will be! TBH I just want my money out. Theres no capital growth, tax relief on the mortgage etc.

Can you recommend your lawyer?

Nick Van Hoogstraten

9:48 AM, 15th April 2024, About a month ago

Reply to the comment left by Nick Van Hoogstraten at 15/04/2024 - 09:40
We don't have legal cover. Maybe I should look into this before notice is served.

So getting possession after you as the owner was 'guaranteed'? No silly challenges about the occupiers' human rights, or the council's statutory duty to house people in need? Or people with disabilities with nowhere to go?

We got paid £25k per property as they were run down. I never thought the council would repair back to the right standard if at all. I always thought I could leave it with them for many years and it would all need re-doing anyway.... But times have changed with politics at Westminster...

Jason Lewis

11:24 AM, 15th April 2024, About a month ago

Reply to the comment left by Nick Van Hoogstraten at 15/04/2024 - 09:40
I haven’t actually decided who to use yet . I spoke to “help land “and a few others . Eviction specialists aren’t lawyers, they are a lot cheeper than lawyers , but there are things to be careful of when not using a lawyer , since they are not allowed to represent you at court . There are many companies to chose from, I’m talking to as many as I can to get advice and prices . Good luck , let us know how you get on , I will do the same

Nick Van Hoogstraten

12:50 PM, 15th April 2024, About a month ago

Reply to the comment left by Jason Lewis at 15/04/2024 - 11:24
I used Helix Law (lawyers) for an eviction last year. I understood eviction specialists were cheaper but I was expecting court. I had tenants claiming astmha and disrepair etc. In then end court never happened. Good luck to you too.

With PSL I would not expect them to vacate after the notice. But I am trying to see whether they buckle after the threat of court and how to handle them, and how they behave if court happens. But there's not much online.

I thought I would reach out to people on here as everyone only talks about vanilla BTL. But not private sector leases with agencies and councils. Quite surprised on the lack of response on here!

Jason Lewis

18:05 PM, 29th April 2024, About 4 weeks ago

Reply to the comment left by Rashpal Devgun at 15/04/2024 - 06:50
Hi Rashpal
sorry you had to go through that , but lucky you had insurance . Can I ask which insurance company was that ? Also was it a notice to quit you served on the agent ? Also what point in the process did the rent payments stop ?

thanks

Jason

1 2

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now