Are councils acting illegally when telling tenants to stay put?
3 years ago | 103 comments
Tenants not leaving even after section 21 has been issued?
12:03 AM, 15th August 2023, 3 years ago
14
Hello, I have had a tenant for three years and since Covid, she finds it difficult to pay her rent and is now in arrears of £5,000. We have issued section 21 for her to vacate the property but she said that the council told her not to leave otherwise she will be homeless. So, I let her stay on but she is not paying her rent monthly while waiting for the council to house her.
It’s been over two and a half months now and not a word from her when the council is going to house her. Wonder what I should do next as she no longer has a contract extended.
I wanted her to leave so that I can sell the property due to high mortgage increase.
Any help would be greatly appreciated,
Carol
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Member Since June 2023 - Comments: 188
11:43 AM, 19th August 2023, About 3 years ago
This will be you, yes you, unless you leave PRS
Sell Sell Sell
before the Goverment Looney Left Shelter and Generation Rent screw you
There is a mass exodus leave before its to late
Member Since January 2015 - Comments: 1447 - Articles: 1
9:26 AM, 20th August 2023, About 3 years ago
Reply to the comment left by Graham Bowcock at 15/08/2023 – 09:37
A s8 notice is the way to go using ALL applicable Grounds (there are 17 of them, some mandatory possession some judicial discretionary). Could combine and serve a s21 at the same time BUT get the dates correct.
Member Since January 2015 - Comments: 1447 - Articles: 1
9:28 AM, 20th August 2023, About 3 years ago
Reply to the comment left by JaSam at 15/08/2023 – 10:57
Use ALL applicable s8 Grounds not just the mandatory ones.
Member Since January 2024 - Comments: 2
8:07 PM, 26th January 2024, About 2 years ago
So it is standard practise for councils to make tenants stay until they are actually physically evicted. If they leave before landlord has a court order for possession and then got the order enforced, they will count the tenant as making herself homeless. If she moves in with friends or family then they won’t re-home her- it is so unfair on the genuine people in need.
So you now need to go to court to get an order of possession which will have a date for tenant to vacate. If she doesn’t (which she can’t because council are awful) you will need to instruct the bailiffs to carry out an eviction. Do not attempt to go in the property before that or anything. Unfortunately it will cost you more of course.