Tenant claims advised to stay put?

Tenant claims advised to stay put?

10:33 AM, 22nd June 2021, About a month ago 12

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Hello, Can anyone advise the best course of action for me to take in this situation?

I received a message from a tenant in arrears, and we are currently taking her to court for eviction.

The message I received said:

“I’ve been in hospital on morphine. I’ve been advised to stay till I get the court order that way the housing can help me x”

I would be most grateful if you can point me in the right direction concerning how to respond to this message.

Many thanks

Paul



Comments

by John Mac

11:35 AM, 22nd June 2021, About a month ago

Who advised them? The council?

by Mike T

11:51 AM, 22nd June 2021, About a month ago

Has the time in hospital caused her to get into arrears ?
The advice she has had could have come from a number of sources i.e The housing dept. of council, good old Shelter (who don't shelter anyone), a friend who knows how the system works.
Either way I would continue with the court action it is after all what the tenant needs to get any sort of help from the local council housing department. What section notice have you given ? i.e 8 or 21 ?

by Mike T

11:54 AM, 22nd June 2021, About a month ago

P.S I do not think you need to respond to the message. Save it for your records of course.

by MarkT

12:04 PM, 22nd June 2021, About a month ago

This is common practice with councils (and housing associates / advice centre ) - I have had this happen a number of times as the council advises the tenants to stay put until CCJ issued and the bailiff are then instructed - last time I had this i even contacted my local MP and head of the council - all to no effect

Then once the bailiffs have a date , then the council has stepped in and rehoused the tenant - but not until.

So if the council are advising this or even any of the housing associates / advice centre - this really is becoming standard practice so you do have to just keep going over the coming months to get all the court docs in place - your response has to be more on taking the correct legal action rather then getting into long conversation with the tenant.

Will also add , each time this has happened to me - the fees for courts , CCJ, bailiffs are adding up and the council has actually paid this to me on behalf of the tenant . Ultimately it adds months and months to the eviction process and the councils are well aware of this.

And no i have never successfully recovered my rent arrears and have always had to write them off. I have had court orders/CCJs for tenants to pay this back but then these get set at £5 per month and payments often stop coming after a few months

Its never an easy situation but you have no choice but to follow the legal process and hope it does not drag on too long

by Dr Rosalind Beck

15:15 PM, 22nd June 2021, About a month ago

If she is on benefits, it would be a good idea to fill in a UC47 if you haven't already, in order to at least get the Housing Benefit element paid directly to you and lessen your losses.

by Collin Williamson

20:01 PM, 22nd June 2021, About a month ago

Yep. Despite the housing minister writing to all councils to say they should be classes as homeless from the date of a valid section 8 or 21, they don't and tell ppl to stay put.

by les tolley

21:58 PM, 22nd June 2021, About a month ago

Didn’t a landlord sue a council and won for giving advice to stay put until the baliffs arrive after a judge gave the eviction? Sure I read it somewhere.

by DSR

9:13 AM, 23rd June 2021, About a month ago

Reply to the comment left by les tolley at 22/06/2021 - 21:58
Yes I remember reading about this too. The case culminated in the judge stating that as the Council were in full knowledge of the progressing evicfion of the tenant that they themselves were 'on notice' and as a result the Council should have then shown efforts in order to secure accomodation for this tenant asap. We all know that in reality there is normally nowhere for the Council to put such tenants which is why they tell them to stay put as long as, but this does raise an important point.

If a LL can show that the tenant is on notice (dont wait for the tenant to contact the Council if you serve a S21/8 etc) then you have evidence to show the date that they were on notice. I did this myself BUT the only thing is that the Council state they will only take instruction of any eviction issued to the tenant BY the tenant and not the LL. So if the tenant wont tell the Council themselves then this is another possible floor . I have tried to find out more...but not come to anything yet.

The other issue is even if the Council DO take notice, and even if they do not find the tenant any housing before you have to go through the bailiff process, I am not sure what power a LL has actually got to force any action against the Council until after the case is closed and the tenant out anyway?
If the Council are not wanting to to talk to the LL from the start what power has the LL got to force the Council to show that 1. They have been trying to get the tenant another place before the eviction date 2. The Council have done any of this within the timescale they have since being on notice themselves.
Another dog with no teeth scenario for the LL?

by paul Elliott

10:17 AM, 23rd June 2021, About a month ago

Reply to the comment left by John Mac at 22/06/2021 - 11:35
John
not too sure who has advised

by paul Elliott

10:18 AM, 23rd June 2021, About a month ago

Reply to the comment left by Mike T at 22/06/2021 - 11:54
mike

thank you for advise i shall continue with the eviction

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