Will the council rehouse a tenant in rent arrears?

Will the council rehouse a tenant in rent arrears?

Pic of bailiff outside a tenants house arrears landlords property118
12:04 AM, 20th August 2024, 2 years ago 8

Hi, if a possession order has been granted and the tenant is waiting to be evicted because he thinks he can get a council house – his rent is 2 months in arrears – does this means that he is making himself intentionally homeless?

And will the council still rehouse him when the bailiffs evicts him?

I am asking as there are some posts here where there are a lot of landlords in this position and I would like to know why the landlords are not letting the council know the tenant is in rent arrears?

It seems one of the grounds for Section 8 is due to rent arrears but the tenants are still getting rehoused??

Thank you,

C


Share This Article

Comments

  • Member Since December 2023 - Comments: 1590

    7:54 AM, 20th August 2024, About 2 years ago

    I wouldnt care if the Council rehouse pe them or not. All I’d want is vacant possession so that I could move on with my plans.

    As I understand it, some Councils will rehouse a tenant with previous rent arrears. A lot depends on the tenants’ circumstances and the availability of Council/Social Housing. Given that there’s a chronic lack of housing (due to over-population), I think the tenant may be placed in temporary housing.

  • Member Since October 2022 - Comments: 402

    9:52 AM, 20th August 2024, About 2 years ago

    S21 is probably quicker of you meet all the criteria.

    The council may rehouse him, put him in a hotel or give home a tent as he is voluntarily homeless.

    It’s not your issue. S8 requires less notice but it needs a hearing, and may be attracts a 2 month moratorium.

  • Member Since March 2018 - Comments: 74

    10:01 AM, 20th August 2024, About 2 years ago

    I have just had one like this. A single Dad one small child – 4 months in arrears at the point of leaving. Actually quite a decent guy. The council all along said they wouldn’t house him as he was in arrears and therefore making himself intentionally homeless. He said there was no way he was having bailiffs round so organised staying with a friend. The moment he was out the council offered him emergency accommodation. They have a legal obligation to do this. I think it’s kicking the can down the road as far as they can as they don’t have the ability to house everyone.
    The important thing is to get your property back though, I said it before don’t confuse friendly with friendship because they actually don’t care.
    As a footnote to this particular tenant, I stayed on amicable terms with him throughout explaining my situation. I then offered to not go the CCJ route if he set up a payment plan and stuck to it. So far so good and I may actually get my money back as well.

  • Member Since September 2013 - Comments: 25

    10:08 AM, 20th August 2024, About 2 years ago

    I had a tenant who was £11k in rent arrears. It took over a year to go through the Court process, ending up with a Court Order for eviction. Even when originally give the Possession Order, the tenant was advised to remain in the property until an eviction order was issued. (In my eyes the council who gave that advice should be prosecuted for contempt of court but that is another discussion).
    On the day of eviction I was phoned by the council and asked to provide a letter stipulating that the tenant had been a good tenant and had kept up with all rental and bill payments so that she could be given a council house as they did not want her and her two teenage kids to be classed as homeless. This of course was her objective from the start.

  • Member Since January 2015 - Comments: 1450 - Articles: 1

    11:19 AM, 20th August 2024, About 2 years ago

    Not paying your rent and being evicted doesn’t make you voluntarily homeless.

    Vacating the property with rent arrears does. That’s why LA’s tell renters who may be eligible for housing benefit/ LA housing to stay until the Bailiffs turn up.

  • Member Since May 2016 - Comments: 1576 - Articles: 16

    12:24 PM, 20th August 2024, About 2 years ago

    The Local Authority don’t ‘ Have to ‘ provide accommodation for Intentionally homeless, i.e. Not paying rent.

    However, where there are children involved, the council cannot allow a child to be homeless.
    It would cost the Local Authority several times more to accommodate a child with 24 hour care than it costs to pay a months rent.

    So you see some examples of adults with rent arrears evictions not being provided [ Emergency ] accommodation, but those families evicted with children having such Tax-payer funded accommodation provided.

  • Member Since June 2019 - Comments: 782

    1:02 PM, 20th August 2024, About 2 years ago

    There is a similar thread, the council may pay off the arrears to prevent the Section 8. Section 21 should be considered ASAP.

    With the proposed section 21 ban it is sadly possible that all section 21’s in the pipeline will be cancelled. It would make bad publicity if someone was evicted by Section 21 months after the process was deemed illegal.

  • Member Since December 2023 - Comments: 28

    5:47 PM, 18th September 2024, About 2 years ago

    My reply to C is I’m thinking their question was rhetorical as there is no way you will get an eviction with only two months rent owing! You may start the legal process at the two months owing but with the time it takes to get through the court rigmarole it will be twelve months owing – I know because I am in this process now and my tenant owes me twelve months rent and still counting…plus court costs and legal cost, which by the way I am extremely unlikely to recuperate

Have Your Say

Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.

Not a member yet? Join In Seconds


Login with

or

Related Articles