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

by Readers Question

13:57 PM, 21st October 2019
About 2 months ago

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

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

One of my valued tenants has today asked me to serve a section 21 notice as he is not getting anywhere with the council in terms of providing a council house. He believes they will take him more seriously once his landlord has served him notice.

This is not the first time I have received such a request, and whilst I like to help my tenants if they want to move on, how can I possibly do this without Shelter or Generation Rent accusing me of making the tenant homeless, and requiring the law to be changed to stop such appalling landlord behaviours!

If I help him I am simply adding to the stats that these pressure groups use against us.

Many thanks,

Hardworking Landlord

 



Comments

Gunga Din

18:58 PM, 22nd October 2019
About 2 months ago

Reply to the comment left by Jay James at 22/10/2019 - 18:46
Maybe not. It was geester24's friend.

Michael Barnes

23:31 PM, 22nd October 2019
About 2 months ago

Reply to the comment left by Jo Westlake at 22/10/2019 - 17:17It is not overcrowding if due to natural growth of the family.

Children under 1 year do not count.

living room is counted as suitable as a bed room.

Michael Barnes

23:33 PM, 22nd October 2019
About 2 months ago

If you are contacted by the council you are under no obligation to tell them why you issued S21 notice.
Simply decline to comment on the reason for issue.

Hardworking Landlord

10:48 AM, 23rd October 2019
About 2 months ago

Reply to the comment left by Michael Barnes at 22/10/2019 - 23:33
Thank you Michael, your input is much appreciated. I have decided the best course of action is not to issue a section 21 so not to add to the stats that evidently demonstrate insecurity for tenants and also saving me the cost of the notice which I would have to pay.

Thanks to all that contributed

Jay James

17:22 PM, 23rd October 2019
About 2 months ago

Reply to the comment left by Gunga Din at 22/10/2019 - 18:58
Quite right. It is Geester 24's frined that is the criminal. We all, Geester 24 included, are so easily glossing over criminality in housing.

Ben H

11:31 AM, 26th October 2019
About a month ago

This happened to me in Flintshire 3 years ago and I refused to give a Sec21 as I was receiving direct rent from LHA.
I then was harassed by the tenant through false maintenance issues and they would not let the contractors in causing them to charge me call out fees. Eventually I gave in and issued the Sec21 and then the council verbally threatened me with an environmental inspection unless I cancel the Sec21. I refused as at this point the tenants were horrendous. The inspection happened and they picked up a few things like a draft in a window seal and non-hardwired battery operated smoke alarms (which were fire angles fitted by North Wales Fire Brigade). I was then given time to carry out the works but obviously wasn't given access by the tenants (which the council were informed of) until the time expired and I was given the prohibition order. I appealed through the Welsh housing tribunal as hard wired alarms are not a legal requirement and had all evidence of the tenants compliance with my efforts but they did not care.
I now have a house I can not rent out or sell as the council are in no rush to re-inspect and it is sat empty.
This is the state of the PRS in Flintshire and the rife illegal corruption within Flintshire County Council ladies and gents. After speaking to other local landlords I am not the only one to suffer FCC blackmailing to avoid having UC claimants in bedsits. You can not beat the system or win, but what you can do is never, ever, ever have anything to do with government bodies, councils or their tenants ever again to protect yourselves.

Mike

12:52 PM, 26th October 2019
About a month ago

Reply to the comment left by Michael Barnes at 22/10/2019 - 23:31Tell Newham council that Micheal, their brains are in a twist, as far as they are concerned they count number of persons living in a property irrespective of age, that means a 1 minute old born baby is now another person! Tell them, tell Sir Robin Wales and put some sense in his head. He is gone now, but still worth telling him because he brought this on, the first Borough in UK to introduce selective licensing, discriminating policies.
His own failure to tackle rogue landlords resulted in us all good landlords to do his bloody homework, so we now have to get a licence and tackle anti-social behaviour, So much for these discriminating and unfair policies imposed on landlords, because of their own incompetence.

Mike

13:07 PM, 26th October 2019
About a month ago

As for tenant asking for an eviction notice, one of my tenants stopped paying me rent, when I questioned why, she replied that her housing benefit has been stopped because she had started to live with a new fellow, somehow the council were tipped off by her own sister, so things became hard for them, I bent backward for her, and offered her a massive discount, halving the rent, from £600pc, to £300 for a limited period, she declined to even accept that offer, so I wanted to test her and offered yet a silly amount like £100 pcm, of course for a limited period, like 3 months, she even declined that saying that she cannot afford anything, so I replied oh! so really what you are saying is that I serve you an eviction Notice, she replied its up to you but she cannot afford to pay any rent, so away i went and served her a notice, luckily she did not have to be taken to a court, but I did lose three months rent. What happened to her after that I have no idea if she got council housing.

Mike

14:46 PM, 26th October 2019
About a month ago

Reply to the comment left by Hardworking Landlord at 23/10/2019 - 10:48
If you do not cooperate with your tenant's request, its not going to make an iota of difference to the statistics, which are quite meaning less, because even section 21 notices are served for a good reason, but there are no statistics because a reason for eviction is not required.

I am sure not even a single landlord would seek thrills and gratification by evicting a good "NO FAULT TENANT" using a section 21 just for the fun of it for the sake of it.

Calling it "No fault eviction" is a primitive term invented by some retard politicians. Probably invented by some retard brain working for Shelter.

So let me reiterate this : Landlords don't use Section 21 Notices against No fault tenants to get thrills or kicks or some indirect sexual gratification!

They are used because there has been some sort of breach, or fault.

Chris Baker

15:54 PM, 26th October 2019
About a month ago

I have a tenant (with children) who didn’t ask; but angrily demanded I give here notice so she can get a council place.

I wrote her a long explanation of how the local council would contact me and either decide she has made herself homeless or give her some shyt hole that councils can legally get away with.

She was not happy with me, and after a ten year good relationship she has since turned into not hellish, but certainly a difficult tenant.

I regularly receive report of faults, many of which are falsely reported but non the less I pay the price of investigation the reports or face her threat to report me to the council. I am walking on egg shells and dare not say or do anything that she could twist which could become a serious issue for me.

There is a lot of talk here about criminal aspects.

I totally disagree.

A section 21 can be given for no reason at all.
I would agree there are moral aspect but be very careful that you don’t end up paying thousands for no fault of your own, purely on a moral stance.

If a landlord issue a section 21 upon request, the landlord would not be breaking any laws by doing so.

From the business side this is just another hit landlords take, if the notice don’t go to court its a lucky break, if it does its good by to £350 plus the loss of precious time, the up side is the notice should at least not be contended by the tenant, or Shelter.

Although of coarse Shelter and other dick-headed false do-gooders will find a way to make it look like the poor tenant are the ones who suffered at the hands of merciless landlords.

My best advise is: unless there is a good reason to issue and likely chance of gaining possession via a section 8,
Tell your tenant the cost, (I don’t think there would likely be any issue if the tenant paid the court fee direct themselves.) Whether you can get admin fees covered or not you should at least get the tenants full co-operation to work with them to make sure you have all the documents correct, and to grant you access to show new protective tenants, even without issue the Section 21 notice while you still have the option.

I really wished I had given my tenant notice when she asked.

Be warned, you are likely to face a rough ride if you take the moral aspect.

kris

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