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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Russell Cartner

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9:32 AM, 9th September 2023, About A year ago

Reply to the comment left by Neilt at 09/09/2023 - 09:28
You dont have to vote Labour you just have to scare the smug so and so's

Carchester

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10:10 AM, 9th September 2023, About A year ago

This is wholly incorrect and dangerous "advise" from the Council and their unqualified "advisors".
You should go back to the Council or whoever provided the "advise" (Shelter / Generation Rent) and ask them to show you or give you the legal authority for their proposition.
Just use the words - the legal authority for their proposition.
This whole council led incorrect "legal advice" is on a dangerous downward trajectory

Clint

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10:14 AM, 9th September 2023, About A year ago

Reply to the comment left by Carchester at 09/09/2023 - 10:10Councils have got away with this advice for over 20 years so, I cannot see this making any difference. I think it needs to be tested in the courts before we have any clarity on this.

Carchester

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10:18 AM, 9th September 2023, About A year ago

in reply to Clint - doing nothing and remaining silent will not improve matters
single or direct mass action will.

Clint

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10:37 AM, 9th September 2023, About A year ago

My advice is based on over 20 years of experience where, I have advised tenants to raise complaints with the council and to write to their MPs regarding the advice given by the council. A housing minister in around 2016 had even written to the councils with regards to the Section 21 notice. See below what was said at the time.

The Housing Minister Brandon Lewis has last week written a letter to all local authorities commenting on this anomaly with some choice comments. ” Authorities should not routinely be advising tenants to stay until the bailiffs arrive; there in no barrier to them assisting the tenant before this."

I think, the only way forward on this is to get the council to put their advice in writing and then take it to court.

Carchester

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10:40 AM, 9th September 2023, About A year ago

Reply to the comment left by Clint at 05/09/2023 - 14:59
If they are unwilling to put their incorrect advise in writing ask them if they would be willing to repeat the advise while you record it on your smart phone or portable recording device.

Every obstacle you can muster should be used against these bluffers.

Carchester

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10:49 AM, 9th September 2023, About A year ago

Reply to the comment left by Clint at 09/09/2023 - 10:37
I agree that a one person crusade would be largely ineffectual, a class action funding for a Judicial Review would surely bring the curtain down on these flakes.

Clint

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10:53 AM, 9th September 2023, About A year ago

Reply to the comment left by Carchester at 09/09/2023 - 10:40
If you were recording it, you would have to tell the adviser that you are recording it before he informs you as it is illegal to record a person without their knowledge and then use it against them so, a recording would not be any good.

I doubt that any council adviser would accept that you record their advice.

Carchester

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10:55 AM, 9th September 2023, About A year ago

Reply to the comment left by Clint at 09/09/2023 - 10:53
Yes, that should be obvious to landlords.

Russell Cartner

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12:19 PM, 9th September 2023, About A year ago

Reply to the comment left by Carchester at 09/09/2023 - 10:10
The Devil is in the writing it's a Guide not Law
You have no chance backing you up and no chance of a solicitor taking it to Court

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