Tenant asks for so called ‘No Fault Eviction Notice’?

I suspect this is a common request to many landlords, but I would almost in this instance be inclined to decline their offer. You are right in that you would be playing into GR/Shelters hands by issuing the Section 21 without a good reason for doing so.

All the tenant is doing is trying to game the system trying to get ahead of all the other people who are also on the waiting list.

Almost certain that the Council will contact you and try to persuade you to keep him on. They just don’t have sufficient housing. If they ask why you have served the no-fault section 21, what will you say that isn’t fraudulent or doesn’t stich the tenant up? Of course you don’t need to justify the section 21 but it could put you in a difficult position. Also, as a single male he is unlikely to get much more than emergency B&B accommodation (not nice). He would be better staying with you, but maybe ask him why he is thinking to move, something minor that you can be easily resolve may be causing him some grief!

This tenant is a husband and wife, and they now have a baby, hence want a larger property. The other issue I have of course is that my agent will, charge me for issuing the notice. Whilst I want to help this lovely family (and they have been model tenants) I will have to foot the bill as it will of course be illegal for the tenant to pay for the section 21 notice!

Reply to the comment left by Rob Crawford at 21/10/2019 – 16:10
Yes, thank you this was my concern. I would have to play along and this would be fraud which I would not do for personal gain, let alone to lose a tenant! They have been good tenants and I wished I could help but it seems unlikely that I can.

I had a tenant who asked me to do this many years ago as she had been advised by one of her friends working for the local council that this was the way forward. I gave her Notice to Quit but all the council did was say that she had to stay put until the day she was forced to leave and would be made homeless. This would have then cost me as it would have had to go to court with all the associated costs. Unless they are a family with Social Workers involved they will not get anywhere and will instead be housed in temporary accommodation. I declined to take matters forward for her and she eventually left and moved to another private landlord.

Reply to the comment left by Arthur Allen at 22/10/2019 – 10:46
Arthur, yes in our experience that is exactly what the council do they say stop paying the rent and eventually you will get evicted. Only then can we help you

Reply to the comment left by Arthur Allen at 22/10/2019 – 10:46Thanks Arthur, thats useful. I suspect this will go the same way as they are managing to pay the rent, just need another bedroom. I did think I might call Shelter to see what they would recommend!

Reply to the comment left by Hardworking Landlord at 22/10/2019 – 11:18
This happened to a friend of mine. Tenant was in a 2 bed flat but during their stay had increased their family to 3 children who were getting older.
In their view the only way to afford larger accom (council) was to to ask for a s21 plus they would reimburse all the way to bailiff charges. They had been model tenants and it all went as planned. By the way if they had not paid the rent this would have not gone well with the council so this was crucial. My friend did get a call as to her reasons and she gave a cover story. Judge if you like but the system is broken and we all do our best. More housing supply and there would not be a problem.

Are they currently in a one bed or a two bed? If only a one bed they are possibly technically overcrowded. Check with your local authority Environmental Health private sector housing team. May depend on age of child and square meterage of current home. As a responsible, caring landlord you would be fully justified in issuing a Section 21 if they are deemed to be overcrowded. You could even be critized for condoning overcrowding if you don’t.

Obviously the result may not be what anyone hoped for. There is a shortage of 2 bed social housing and they may end up being shunted around a series of homeless hostles and temporary housing.

Reply to the comment left by geester24 at 22/10/2019 – 12:45
Geester24 you have just admitted to fraud. You are therefore a criminal.