Can I sue the council for telling tenants to stay put and wait for bailiffs?

Can I sue the council for telling tenants to stay put and wait for bailiffs?

0:03 AM, 11th September 2024, About 3 months ago 28

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Here’s the story, tenants got behind with their rent. You know how it goes – one month they are a little bit behind the next month, they catch up the next month. The next month they pay a bit more and before you know it, they’re over two months behind!

You then start the eviction process where they end up being five months behind!

You follow the process: The court grants a possession order, All be it, three weeks delayed in the post!

The tenant takes it to the council who they’ve been in communication with all the way along.

The council now say tenants don’t have to move until the landlord gets a warrant of possession from the bailiffs and are telling tenants to stay put in the property!

I thought this was:
1. Against the directive from the previous housing minister
2. In direct contravention of a court order. Contempt of court?

Can I sue the council? I’m certainly considering writing a letter suggesting I’m going to sue them but I thought I’d ask the Property118 forum’s advice first.

Editor’s Note: You can find Property118’s investigation into whether councils are acting illegally by telling tenants to stay put, as well as previous Housing Minister Brandon Lewis’s advice to councils on the issue by clicking here


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Cider Drinker

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7:20 AM, 11th September 2024, About 3 months ago

Courts deal with Laws. ‘Directives’ are not legally enforceable.
It would take a brave person with very deep pockets to take on the Council.
In brief, I think Councils are contemptible and incompetent but they have the funding to fight off any legal challenge.
They are also mistaken. Keeping a bad tenant in a property ensures that property doesn’t become available for somebody else. Maybe a good tenant that is stuck in temporary accommodation.
The likes of Generation Rent and Shelter (who don’t provide shelter for anyone) should be challenging Councils on this point. The Councils’ actions are helping to keep those in temporary accommodation in temporary accommodation for longer.

Judith Wordsworth

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7:43 AM, 11th September 2024, About 3 months ago

Cannot sue the council for telling a tenant their legal “rights” and the due process of possession. Sadly

BUT councils also do not tell tenant of the ramifications of following this advice ie CCJs and the effect having one, or more than one, will have on their lives

David Houghton

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8:55 AM, 11th September 2024, About 3 months ago

In short no you can't sue.

Councils only think of their departments short term needs.
Councils like to think they are above the law or the arbiter of the law. They are neither.

Check the law, make formal complaints, including escalation to the local government ombudsman is needed to keep them to heel.
My local council has had to pay me out on multiple occasions. They never admit they were wrong or apologise, but end up being more careful when dealing with me

Private Housing Provider

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9:05 AM, 11th September 2024, About 3 months ago

The government makes the law to make it take about a year to evict a tenant in Scotland and also advise the tenant not to leave until it is enforceable so in other words, this is a full narrative the government developed to make private housing providers to house tenants for them for free.

Rachel Wilks

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13:10 PM, 11th September 2024, About 3 months ago

Councils have a legal responsibility to ensure that they do not give properties to those not in genuine need.
Unless and until you are legally homeless, I.e. evicted, a council cannot prioritise your case above others in similar circumstances.
If a tenant does leave before the eviction, they are deemed to be "making themselves voluntarily homeless" and therefore not eligible for priority housing.
It's a no win situation for all concerned.

Mark Smith

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16:15 PM, 11th September 2024, About 3 months ago

I think the tenant could sue the council if you pursue the tenant for additional court and bailiff costs as they have incurred those costs directly as a result of council advice to stay.
But be careful .. the council may not have advised them to stay. They may have rather advised them them have no rights as a homeless person for the council to rehouse them until they are evicted. However there is a grey area. A tenant who suffered greatly because of following council advice. .. eg ruining their chances of getting another private rental or even housing assoc property by waiting for eviction by bailiffs might have a real case for major claim against a council for financial loss, distress. Loss of secure accomodation etc if the could find the resources to pursue the claim ... Shelter generation rent. Here is a real opportunity to o help.

Nicholas G-B

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16:17 PM, 11th September 2024, About 3 months ago

Another reason why Landlords don't like Council Tenants on universal credit.

Nicholas G-B

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16:57 PM, 11th September 2024, About 3 months ago

The tenants themselves are being mistreated and miss advised, by the very people who should be looking after their best interests. The tenant is then involuntarily left with a Hall Mark CCJ. This disadvantages them, for many years to come, in many ways. I run a referencing agency. The moment we see a CCJ of this nature it is a decline. We don't decline council tenants on universal credit but we do decline most applicants with CCJ's.
Do the Councils care about their clients? Will Generation Rent ever take action over this abuse, of tenants rights? I think not

Peter Merrick

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19:14 PM, 11th September 2024, About 3 months ago

Reply to the comment left by Cider Drinker at 11/09/2024 - 07:20
Worse, they are actually reducing the number of rental properties available to good, decent tenants by depriving the landlord of their rightful income, leaving a frustrated landlord who loses the will to invest and the money with which to do so.

Brian Hewett

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21:15 PM, 11th September 2024, About 3 months ago

Reply to the comment left by Judith Wordsworth at 11/09/2024 - 07:43
100%

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