Soon to be Homeless Landlord

Soon to be Homeless Landlord

11:56 AM, 11th January 2016, About 8 years ago 26

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I am a private landlord working abroad but will return to live in my flat in mid-March. I have issued an S21 and the AST expires on 02 February. My tenant, who is on benefits, has approached the local authority (Hounslow) to be rehoused only to be told they will act only after a court order and a bailiff’s warrant has been issued. I intend to start the accelerated eviction proceedings on 03 February, but my tenant has fallen behind on the rent, now into the second month. I have not yet served an S8. I understand that I cannot claim rent arrears as a reason for eviction under this process, but that the PCOL process would allow me to do so. I see also that going to the High Court is an option.home

My question is two fold:

Is it feasible to challenge the local authority to accelerate their rehousing obligation, as I will be homeless as a consequence of their policy?

What is the best process(es) for eviction and rent recovery that do not contradict or invalidate each other. Is there just one or should I follow some in parallel? That said, my imperative is eviction as I need somewhere to live, so if one is far quicker, that might be my preference.

All advice is gratefully received.

Colin


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Comments

16:13 PM, 11th January 2016, About 8 years ago

Reply to the comment left by "Anon Landlord" at "11/01/2016 - 16:10":

A) Who would want them?
B) Why should the Council bother - you are paying for their irresponsibility

Ian Ringrose

16:14 PM, 11th January 2016, About 8 years ago

Please write to your MP about this, explaining how the council is helping to make you homeless...... (It may not help you, but may help the next person to have the same problem.)

Have you tried getting yourself on the council house waiting list due to being homeless....

Personally I would be phoning up LandlordAction (or anther such company) and getting them to do all the legal word, as it would be quicker then you doing it yourself. One error and you have to start again!

Steve Wood

16:49 PM, 11th January 2016, About 8 years ago

Good advice from Ian. I went to court to evict some squatters once and nearly had my case thrown out due to a paper trail on ownership the judge did not feel happy with. (letters from solicitor saying I owned it, completion statement in hand etc and previous title deed), but good old L Reg take some time to register properties and so I had no current title deed. so do be careful to get the details right which is where experience professionals can help.

18:33 PM, 11th January 2016, About 8 years ago

Reply to the comment left by "Anon Landlord" at "11/01/2016 - 16:10":

I wouldn't want him !!!

xBrito

18:53 PM, 11th January 2016, About 8 years ago

I experienced the same where Newham Council advised, instructed, hinted to the tenant that they should remain in the property until a bailiff arrived at their door. As I had already obtained the eviction order from the court - can councils who give such instruction to tenants not be held to be in contempt with the court? or something similar

Annie Landlord

20:01 PM, 11th January 2016, About 8 years ago

What an awful situation to be in. Arranging to have the rent paid direct might show the tenant you are not going to take this lying down. I certainly agree that you should ensure all communications with the tenant and the council are in writing so when this situation is over you can send a story to the local and national press. Landlords know that councils, and indeed CAB and Shelter, advise tenants to wait until eviction, but the general public doesn't know, and it would be good to get this disgraceful practice out into the public domain. I wonder if the council has explained to your tenant what a ccj will mean to him - wrecked credit status. He may not care, thinking he will never need a loan, mobile phone contract etc, but its worth a try. Also, do you have a guarantor? I only got a difficult tenant to leave last year by speaking to the guarantor and explaining what being taken to court would mean to him.
Good luck

David Rundle

20:37 PM, 11th January 2016, About 8 years ago

Who are the real vilians in this?

shortage of affordable housing grant by Government?
tenant seeking a council house not another PRS?
Council taking it to the wire?

Answer all three.
if tenant in rent arrears the Council will not help as they are deemed intentionally homeless so probably have to evict
Claim legal expenses from the deposit?
watch out using specialist companies who advise using high court enforcement officers as process is flawed as tenant is not a trespasser and you could be prosecuted for illegal eviction.
Who managed your property while abroad they should have got rent direct from Council? take out rent insurance?
Claim any bad debt as a tax deductible expense?

Good luck and I hope this helps

Steve Masters

22:27 PM, 11th January 2016, About 8 years ago

Read this post and in particular Month Bodkin's comment

http://www.property118.com/councils-advise-tenants-remain-property-eviction/70484/

Chris Byways

0:19 AM, 12th January 2016, About 8 years ago

"The Secretary of State considers that where a person applies for accommodation or assistance in obtaining accommodation,
and:
(a) the person is an assured shorthold tenant who has received proper notice in
accordance with s.21 of the Housing Act 1988;
(b) the housing authority is satisfied that the landlord intends to seek possession;
and
(c) there would be no defence to an application for a possession order;
then it is unlikely to be reasonable for the applicant to continue to occupy the
accommodation beyond the date given in the s.21 notice"

But this is from 2006, is it updated?

That seems to make advising to stay for pecuniary motives ultra vires.

Any extra expense we incur as a result of a documented advice to stay should be actionable.

Why not a small claim against the council?

Further a FOI submitted on WDTK https://www.whatdotheyknow.com asking:-

Q1 Do you have any policy to advise tenants to stay after receiving a valid s21 notice?

Q2 How many tenants have be advised to stay during 2014 and 2015?

as an example.

TheMaluka

10:24 AM, 16th January 2016, About 8 years ago

Reply to the comment left by "Ross McColl" at "11/01/2016 - 15:23":

Ross I am pleased that you are doing exactly the same as me. A lot of extra work now we have the new section 21 rules but an essential ruse to keep the tenants paying.

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