Social housing for a non-paying tenant after a S21?

Social housing for a non-paying tenant after a S21?

11:41 AM, 17th March 2023, About 6 days ago 16

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Hello, After a S21 notice, I now have my Order for Possession from the court. Bailiffs are awaited. The tenants have now stopped paying the rent.

They got progressively worse at paying until I got a managed payment to the landlord (MPLT) for Universal Credit. Their claim got interrupted for some reason so I’ve lost a month. But I have it reinstated and my next payment is due imminently.

Does anyone know what the position is with the council and Housing Associations with regards to these people getting housed if they have deliberately not paid their rent?

Obviously, S21 is the so-called ‘no fault’ route so now that they have an Order for Possession notice, the eviction is not confirmed as being their fault.

But how do councils and HA’s view a tenant who deliberately stops paying the rent in between the Order of Possession and their removal by bailiffs?

They will have rent arrears and a CCJ if I try and enforce it.

It obviously shows signs that they are a bad tenant. After emergency accommodation, will this stop them getting on to housing lists, or put them further down the list of priority?

I am considering going down the MCOL route just to give them a CCJ just so they can’t get housed because they are deliberately not paying me.

Is it worth calling the council’s housing department and letting them know so they prompt the tenant to pay their rent up to date?

Thank you,


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7:40 AM, 18th March 2023, About 5 days ago

Reply to the comment left by Smartermind at 17/03/2023 - 13:56
It could turn out that the council will say they have made themselves intentionally homeless and won't get housed

John Bentley

9:08 AM, 18th March 2023, About 5 days ago

Reply to the comment left by DSR at 17/03/2023 - 20:49
We had a nightmare tennant in Bournemouth who we gave notice
to leave and the council wouldn't entertain her until she cleared the rent arrears.

Nick Van Hoogstraten

10:19 AM, 18th March 2023, About 5 days ago

Reply to the comment left by Simon M at 17/03/2023 - 16:22
I’m aware of the phrase “intentionally homeless”. I can see it applies before they get a S21 as no fault is stated. But once you have gone down the S21 ‘no fault’ route then they are not seen to have done anything wrong. Unlike a S8 which would cite reasons. I have my possession notice from the court. So bailiffs are awaited. I want to know if in this period they can get away with not paying the rent and the council or HAs would still house them.

Nick Van Hoogstraten

10:24 AM, 18th March 2023, About 5 days ago

Reply to the comment left by John Bentley at 18/03/2023 - 09:08
Thanks John. I kept the rent within the LHA. She gets housing costs paid. There’s no excuse not to pay.

Audie Waterman

8:21 AM, 19th March 2023, About 4 days ago

My two pennies worth is...

Pursue the CCJ route, you may not ever get your money back but it does do a few things that are helpful to you and others, and maybe even the tenant:

1. It protects other landlords from this tenant, how would you feel if you found out they had done this before to another landlord and that a CCJ could have alerted you to this?

2. If this tenant ever gets enough money in the future and can pay you then they may well do so just to get the CCJ off their records.

3. The tenant may need this to break their cycle of being a bad tenant, sometimes tough love is what is needed. Without it you may be enforcing in them that this behaviour is their right and they may continue to do this to others.

Jason Harris

13:44 PM, 19th March 2023, About 4 days ago

Reply to the comment left by Nick Van Hoogstraten at 18/03/2023 - 10:19Hi Nick the LA will speak to you if they go down the homeless route to confirm why you have issued the S21.
If it is for rent arrears they will look to see if the 21 can be stopped by coming to an arrangement over the arrears.
Likewise if you tell them the 21 is due to rent arrears/irregular payments you will open the applicants up to an intentional decision, however the IH decision can only be made if the applicants are in “Priority Need”
Many councils have policies that prevent people from joining the social housing register if they have housing related debt above a certain level - this includes both rent and council tax. My own authority has a £500 limit here.
Despite people posting to the contrary the council are not obliged to provide temporary accommodation unless the applicants are in or provide a reason for the LA to believe they are in “Priority Need” the definition of PN can be found on the shelter website.

Being made homeless because of a S21 is not in itself enough to make someone in priority need.

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