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

Sharon Betton

15:29 PM, 20th January 2016, About 8 years ago

Ross, this strategy worked very well for many landlords, hence the Government's determination to change it! From 1st October 2015, the notice cannot be issued until the tenancy has run for a minimum of 4 months and Court proceedings must begin within 6 months of the notice's issue. So no long term second chances! This will make more tenants homeless and guess who'll get the blame? Yes - the landlord!

TheMaluka

16:57 PM, 20th January 2016, About 8 years ago

My financially dodgy tenants will get a new S21 every six months, computer generated as will be the certificate of posting which then only has to be stamped at my local post office. I have already started with 35 S21's and the local Housing Options team who up to now have refused to speak to me (Snivelling Parasite) are now almost begging for me not to evict. The solution for the tenant is easy, PAY THE RENT and retain the property.

Demented Landlord

15:53 PM, 22nd January 2016, About 8 years ago

Hi Colin
If your tenancy agreement is at an end go for the accelerated procedure for S21. The service must be witnessed or you have to provide proof that it was served correctly and in date.
I now use a court server for this at £40. This is money well spent as I have had a tenant who said he did not receive any S21 and the judge favored that this document was not served there for favored the tenant and I had to restart the procedure.

S8 are entirely different and could go on a long time if your tenant fights you for free using legal aid and no win no fee parasites.(legal fees run into thousands)

If your tenant has rent areas then this all goes in your favor.
If you win then you can convert to the high court to recover your money.
If the tenant is unemployed and doesn't have goods to the value of debt then you might as well rite it off as you will just be wasting your time and money.
I am just speaking from personnel experience.

Good luck

Colin Davis

7:42 AM, 25th January 2016, About 8 years ago

I just wanted to say thank you so much to everyone that replied offering really valuable advice. I have been very impressed by the quality and detail of the comments.

I had no idea this disgraceful practice by councils was so widespread, so I hope other landlords, professional or not, but especially those renting out their family homes, factor this scenario into their risk assessment.

22:32 PM, 27th January 2016, About 8 years ago

Reply to the comment left by "Rob Draper" at "11/01/2016 - 14:20":

So sad that local authorities have such a bad reputation. Like any sector of society, it really depends on who you are dealing with. Our local authority (Chiltern) do NOT operate such a policy and as such enjoy an enviably warm relationship with their local private landlords. Just across the border, however, in South Bucks, this is the policy. Needless to say, the LA/private landlord relations are not quite so warm.

Ross McColl

9:27 AM, 28th January 2016, About 8 years ago

Reply to the comment left by "Sharon Betton" at "20/01/2016 - 15:29":

Hi Sharon,
Since the legislation changes I will be re-issuing Section 21's to all my tenants on a 6 monthly basis, once the initial 4 months have passed. They are all made aware of the process and reasons why when they first move in so there are no nasty surprises.

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