Council advice to tenants nearing S21 date – Help!

Council advice to tenants nearing S21 date – Help!

9:28 AM, 4th September 2023, About A year ago 85

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Hello, our situation we have had a tenant in place at one of our properties for around 5 years – never increased the rent (single mum – two kids – you try not to make people’s lives harder than they need to be) – always done repairs – always acted as a model landlord.

The time has come to sell up (you all know why!) – so we served the necessary docs with a leave date of 15 Sep 23.

Today the tenant has informed me that the council have told her that the tenancy doesn’t end if she refuses to leave – but only ends if a bailiff evicts her. They have told her to stay in the property, and that if she leaves (per the S21 notice) she will be making herself voluntarily homeless and then they won’t help her.

Is this normal? This feels like incorrect and very bad advice for the tenant. The council is effectively forcing us to go through the courts to evict the tenant, adding costs and bunging up the court system, and ensuring that the tenant will get a poor reference. We will be asking for a possession order with costs – so they are also potentially making the tenant worse off!

Is the council’s behaviour in this regard even legal – Thoughts (and rants!) welcome and appreciated!

For info we have been landlords for 16 years – and never had to evict anyone yet – just one S21 10 years ago! BTW my blood is boiling on this one – the council I give £400 per month to in council tax are actively working against me – when I have housed someone for less than market rate for many years!!!

Thanks,

Christopher

Editors Note: You can find Property118s investigation on whether councils are acting illegally when telling tenants to stay put here


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Raz

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14:02 PM, 5th September 2023, About A year ago

Councils who tell tenants to stay put until the baliffs come are actually breaching the guidance set down by the government in the "Homelessness Code of Guidance".

It is clearly set out in sections 6.35, 6.36 & 6.37. Just type in the section numbers in the search here to read for yourself.
https://www.gov.uk/guidance/homelessness-code-of-guidance-for-local-authorities

Clint

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14:59 PM, 5th September 2023, About A year ago

Reply to the comment left by Raz at 05/09/2023 - 14:02That is the precise reason councils will not state to tenants in writing that they are making themselves initentionally homeless by leaving the property on the date the S21 specifies.

6.19 is even clearer as to the guidance on this.

Paul Scott

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15:00 PM, 5th September 2023, About A year ago

Reply to the comment left by Raz at 05/09/2023 - 14:02
Good link. 6.17 and on applies too. In 6.19 it explicitly says "Housing authorities should not consider it reasonable for an applicant to remain in occupation until eviction by a bailiff."

Can't really be clearer than that can they?

Brian Smith

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16:35 PM, 5th September 2023, About A year ago

The law is very clear that an AST only ends at the point of eviction. I have copied it below. Some of the comments on this forum do nothing for the reputation of landlords.

Section 5 1988 Housing Act
5 Security of tenure.

[F1(1)An assured tenancy cannot be brought to an end by the landlord except by—

(a)obtaining—

(i)an order of the court for possession of the dwelling-house under section 7 or 21, and

(ii)the execution of the order,

Paul Scott

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16:45 PM, 5th September 2023, About A year ago

Reply to the comment left by Brian Smith at 05/09/2023 - 16:35
It's two different angles. One is about the legal tenancy, the other us about the local authority process. They are clearly related but sadly don't mesh well together.

This is all going to get a lot worse before it gets better. The tenants are stuck in the middle just as much as the landlords.

Carol Fraenkel

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16:56 PM, 5th September 2023, About A year ago

We have been landlords for 21 years, we keep rents low, do repairs promptly and until recently ( last 18 -- 24 months) have never issued a S21 or had to go to court.
We now have 3 eviction and court appearances, all because the council housing officer (in South Hams and Torbay) told the tenant to remain at the property until the date of the bailiff's appointment otherwise they would receive no help. Do not expect to get any of your costs back.
The housing situation is broken and we, the landlords are carrying the can.

Russell Cartner

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17:17 PM, 5th September 2023, About A year ago

Reply to the comment left by Brian Smith at 05/09/2023 - 16:35
Obviously you are not a Landlord

Russell Cartner

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17:19 PM, 5th September 2023, About A year ago

Reply to the comment left by Paul Scott at 05/09/2023 - 16:45
That is clearly not the Landlords fault

Russell Cartner

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17:21 PM, 5th September 2023, About A year ago

Reply to the comment left by Carol Fraenkel at 05/09/2023 - 16:56
If they have jobs, issue a CCJ lasts 6 years and not good if providing a reference

Paul Scott

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17:34 PM, 5th September 2023, About A year ago

Reply to the comment left by Russell Cartner at 05/09/2023 - 17:19
Where did I say it was the landlord's fault? I'm saying the situation sucks for both landlords and tenants, it's the Government and Local Authorities that need to be blamed.

Landlords are facing delays and costs getting people out because of Local Authority decisions. Tenants are finding it harder to find places to go to, or to afford them because of Government decisions that have driven a lot of landlords out of the market altogether.

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