Council advice to tenants nearing S21 date – Help!

Council advice to tenants nearing S21 date – Help!

9:28 AM, 4th September 2023, About 10 months 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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Brian Smith

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17:49 PM, 5th September 2023, About 10 months ago

Reply to the comment left by Russell Cartner at 05/09/2023 - 17:17
Why because I am aware of the law regarding tenure?

Russell Cartner

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18:03 PM, 5th September 2023, About 10 months ago

Reply to the comment left by Paul Scott at 05/09/2023 - 17:34
Are you a Landlord

Russell Cartner

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18:06 PM, 5th September 2023, About 10 months ago

Reply to the comment left by Brian Smith at 05/09/2023 - 17:49
Are you a Landlord

N N

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22:15 PM, 5th September 2023, About 10 months ago

I have a case like this myself, same advice offered by the council. This is often the norm now for the council to offer this advice, I'm not sure if it's legal, and I think they say this verbally. I would go straight to court once the notice expires. If you have any open communication with the tenant you can try elaborating the court order, ccj, financial penalty coming down the road which the council has left out.

Frank Jennings

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22:37 PM, 5th September 2023, About 10 months ago

So all the illegal immigrants making their way over here by rubber dingy are infact making themselves initentionally homeless? How does that work?
Is it a case of one rule for some, and another rule for others?
They certainly seem to be making themselves initentionally homeless. If so, how is it that the govenment and councils are finding accommodation for them, at the cost to the UK tax payer of £6M a day?
Oh! Maybe the illegal immigrants have superior legal rights to housing then UK residents have, even though they haven't ever paid a penny into the system in the UK. It all seems very unfair to me. Charity begins at home, surely?
Well I think it's time for a reform of our govenment, and councils, and therefore I'll be voting for The Reform Party. Maybe they can sort this mess out, and put some common sense into our laws and our government and councils. Maybe they can get rid of these career politicians, and civil servants and get some reasonable policies in place, that promote fairness and proper justice. It's a mountain to clear out so they will need all the support people can give. If they dont get the required support, expect much more decline, and much more injustice, and much more unfairness. Tbe road to hell is when good people do nothing to fight against evil, injustice and Tyranny.

Russell Cartner

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22:50 PM, 5th September 2023, About 10 months ago

Reply to the comment left by Frank Jennings at 05/09/2023 - 22:37
Well said, but you should email this to your local MP and M Gove
Tell them you will not be voting for them at the next election
Wipe that smug smile of his face when he loses his £150,000 job
michael.gove.mp@parliament.uk

Fergus Wilson

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7:48 AM, 9th September 2023, About 10 months ago

Gone are the days of the Honest Broker! The Local Council works for the Tenant only!

Ask your Local Council what it is doing under the Homeless Reduction Act 2017?

Make sure you ask under the Freedom of Information Act 2000,

You may well find the case officer has never heard of the Homeless Reduction Act 2017.

What is going to happen after the General Election is anyone's guess,

Matthew Jude

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8:21 AM, 9th September 2023, About 10 months ago

Reply to the comment left by Paul Scott at 04/09/2023 - 22:06
You make some good points. I am a landlord of thirty years experience. When the tax treatment changes were proposed, I contacted the housing departments of both of the local authorities which cover my properties explaining that they would have a massive increase in homelessness due to this change. Unfortunately, both are Labour run and are so institutionally anti-landlord, that they were pleased that life was going to be worse for landlords, even though, as always, it's the tenants that will suffer in the end.
The fact that these are tax funded public bodies, and the employees are supposedly neutral civil servants, shows just how far the anti-landlord polarisation/politicisation of our public bodies has gone.

We now have huge selective licence fees which further discriminate against private tenants, whilst providing no advantage to them.

We have always been compassionate in allocating our properties, housing people who would not be given a chance normally.
This time is now over. We are now forced to become the ruthless, money orientated landlords that we were always falsely accused of being.
Media hype, homelessness activist charities, local authorities and now, a Conservative government, all have blood on their hands. This is a crisis that has been exacerbated by politically motivated players.

As landlords, most of us can sell up and walk away. As landlords have been saying for a long time, it is poor tenants that will suffer from this mess. Just the opposite of all those naive, politicised organisations aims.

Russell Cartner

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9:27 AM, 9th September 2023, About 10 months ago

Reply to the comment left by Matthew Jude at 09/09/2023 - 08:21
Send your complaint to your local MP and
michael.gove.mp@parliament.uk
Tell him you won't be voting for him at next election due to his anti Landlord policies
Won't be so smug when he loses his £150,000 a year job
Have everyone of your friends do the same thing

Neilt

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9:28 AM, 9th September 2023, About 10 months ago

Reply to the comment left by Russell Cartner at 04/09/2023 - 09:59Does know one realise that any vote other than for the current regime means a vote for Labour.
And we all know what that would mean, don't we?

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