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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John Porcella

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23:38 PM, 11th September 2024, About 3 months ago

Reply to the comment left by Nicholas G-B at 11/09/2024 - 16:17
Why would a private sector landlord have any feelings at all for council tenants on Universal Credit? Council tenants have no need to communicate with private sector landlords.

Dog Walker

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7:51 AM, 12th September 2024, About 3 months ago

I had a tenant who I took on (at my peril) and he was a hard worker and paid on time for about 18 months. He became friends with others who lived primarily on benefits and gave his job up. This reduced his income from £1700 pm down to £900 and he started to tell me he could not pay and got into arrears every now and then. (He later had debt letters coming through from the council, broadband/phone provider and energy companies.)
When I served him an S21 he responded that the council (Bedford Borough) advised him to outstay the S21 terms and wait for me to go to court. They assured him it would buy him at least another 6 months, at which point the would then be able to get his free council accomodation.
My advice would be to offer then money to leave. This is by far the only incentive that, while hurting your pocket, goes a way to help reclaim your property back. Hopefully you won't have much to refurb etc.
Other options include the legal route. Are you insured for this?
It can take a while but will leave the tenant liable for fees although wouldn't hold onto that.
Have they been model tenants all the way through? Have either you or them broken contract terms at any point? If you did, did you compensate?

David Houghton

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7:58 AM, 12th September 2024, About 3 months ago

Pay them to leave works if they are the only tenant. If they drink with your other tenants then it's recipe for disaster

TheMaluka

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9:18 AM, 14th September 2024, About 3 months ago

Never pay a bad tenant to leave, it is a recipe for disaster. First give them a CCJ using Moneyclaim and then a section 8. This may cost more in the short term, but rewarding bad behaviour with a bribe is never a good idea.

GlanACC

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12:18 PM, 14th September 2024, About 3 months ago

NO

Sally Robinson

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10:20 AM, 15th September 2024, About 3 months ago

But, what if the council did not say the whole truth? Like don't leave, but you must continue to pay your rent and respect the terms of the tenancy, and a section 8 eviction will leave the tenant with a CCJ for at least 6 years meaning they will probably never get a rented property in the PRS for that period of time, and if they are not priority cases will have to wait for over a decade for social housing??? While they may be able to offer the don't leave advice, shouldn't they also be made to advise the tenant of the full consequences of their choices?
Isn't this as much of the point as well? Because if not, aren't they positively encouraging someone to disregard the law and someone else's expense?

I look forward to comments please?

David Houghton

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10:29 AM, 15th September 2024, About 3 months ago

You don't have a contract with the council. So that's out. There are Tort remedies but the council don't owe you a duty of care. So no they s nothing. It's like you ask how to get to the airport. Someone tells you the wrong way and you miss your flight. They don't have to pay for your new flight

EDWARD CASTELINO

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9:15 AM, 16th September 2024, About 3 months ago

If council made a law that tenants don't have to leave then council pays rent on their behalf as council stands as a guarantor for the tenants,
The one who makes the law carries the responsibility for that situation, if today we are facing the difficulties it's is due to the worthless decision made by the past ministries. Mismanagement of funds.

EDWARD CASTELINO

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9:22 AM, 16th September 2024, About 3 months ago

Reply to the comment left by Cider Drinker at 11/09/2024 - 07:20
When the argument are correct from the defendant side no strong lawyer can win, one should say too many words just stick to the point, if they make a law then they pay for it,
Even the court will have no say on this
If today people are facing inflation it's the government problem.
They raised price on everything but the tax code haven't been changed vat s still there, in common sense how are people going to manage, young people stay at home and collect UC whilst the elderly folks are working hard and turning the heating off in winter all the benefits are just to show but in reality they don't give away to the needy.

John Parkinson

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10:26 AM, 17th September 2024, About 3 months ago

Reply to the comment left by Nicholas G-B at 11/09/2024 - 16:57
This is what I’m worried about- for the tenant! There is not any joined up thinking.

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