Council advice to tenants nearing S21 date – Help!

Reply to the comment left by Russell Cartner at 09/09/2023 - 12:19
It's OK us all moaning on here, as you said to write to Michael Gove, we'll, I did,I had a response back ,quite an interesting letter with regards guidance they are writing to assist with application of new laws, etc, specifically how to handle ASB, for one as we as many, which I agree with shorter repossession timescales if a person is found guilty of ASB ir I would extend that to crime, but I have said needs support from local authorities to rehousing, unfortunate the situation of supply and demand of affordable housing versus cost of living (or lack of) makes this situation worse. I could go on and on for hours on this but I would probably be wasting my breath.

That's my further considered opinion and response thus far.

Yours faithfully,

Colin Richard Noakes

Reply to the comment left by Colin Richard Noakes at 09/09/2023 - 13:25
Sec 21 doesn't work you still need a Possession order, very costly and takes 8 months, so no rent either. Sec 8 is worse

This is a must, please check it out.
If you Include a Costs Recovery Clause in your AST You will be able to claim back all costs

Reply to the comment left by Russell Cartner at 09/09/2023 - 12:19That is the main problem - the legal mafioisi following the guidance from snowflake tutors.
Many years ago, I had the misfortune to have a court order imposed on me. I knew it to be flawed and bogus (designed to shut me up and to benefit the other party). I appealed the order to the higher court and lost with costs awarded against me. The Judge refused to give me leave to appeal to the Appeal Court.
I made a direct appeal to the Appeal Court which was granted.
The Appeal Court (2 Lords of Appeal) heard my case - I litigated in person (as Solicitors refused to take case).
Unanimous decision in my favour with costs awarded to me.
A long struggle but justice seen to be done. I went on to further study law and gained a Masters Degree.
I had or have no desire to join the Mafiosi but am hell bent on taking them on where injustice is rife in my life.

Reply to the comment left by Russell Cartner at 09/09/2023 - 13:43
I agree section 21 doesn't work, so I agree with abolishing it, the section 8 grounds based approach to be honest I agree with, I have been following all this for some time and the first reading of the Renters Reform Bill I submitted amendments to it to the APPG for Renters Reform including controlling costs to landlords which should naturally bring the rent control being asked for, review of EPC criteria, costs, labour and materials involved in upgrading to epc c, going from g to c is costly going from e to c isn't as costly but how this is all funded need taking account of.
You say about no rent during the repossession hearing wait time, this is not always the case, some tenants will continue to pay rent and pay off arrears accrued due to bmno fault of their own.
The repossession timescales must be supported with court reform, 2018/2019 I contributed to the consultation on a specialist housing court, I further suggested a specialist housing unit which could be the new private rented sector housing Ombudsman being talked about, although that could be done by extending the current housing Ombudsman to private which some landlords do voluntarily sign up for.
Sec 8 will bring a whole raft of new grounds, but without court reform as well as sorting supply and demand of affordable housing, and government funding and resources to back this up, it all becomes superfluous.

That's my further considered opinion and response thus far.

Yours faithfully,

Colin Richard Noakes

Reply to the comment left by John Clark at 09/09/2023 - 13:49
I am not a landlord, I am a socialist, in fact I have been one of the more active ones to get the renters protections now going through Parliament.

Wasn't a very nice comment you made was it, now?

That's my considered opinion and response thus far.

Yours faithfully,

Colin Richard Noakes

Reply to the comment left by Colin Richard Noakes at 09/09/2023 - 14:02
Lanlords only on here
No Looney Left Shelter, Generation Rent or Goverment led crackpots

Reply to the comment left by John Clark at 09/09/2023 - 14:14
Good point, the code of guidance on preventing homelessness says after day 56 into a sec 21 you are officially classed homeless, that doesn't make sense as I you say you are still paying rent, or should be, and still have a home until the courts say otherwise or you find somewhere else to live vacating on one's own terms, personally I would never advocate or give advice to stay in a property subject to a potential repossession hearing and I advocate for assistance to be given at the outset.
There's a lot of loopholes in all this.

That's my further considered opinion and response thus far.

Yours faithfully,

Colin Richard Noakes

This happened to me when I had a sale and a completion date to sell the property.
I wouldn’t advise trying to take it to court, it will cost you a great deal more in money and stress than being helpful to the tenant. Not to mention helpful to yourself and your wallet.

I offered to help my tenant find a new place, paid their deposit and first months rent, but kept their deposit when they moved out (which they need to agree to with the deposit protection company).
They were happy, I was happy and the buyer of the property was happy!

As someone else said above, courts take months and bailiffs can’t always get them out so you have to take it to the next level which takes even longer. All the while people feeling bitter and anxious don’t exactly treat your property well.

With kindest regards for your journey through the maze!

Darren

Reply to the comment left by Darren Yates at 09/09/2023 - 15:00
Excellent time and money saving common sense approach. Well done.

This is absolutely normal for councils to give this advice.

This is often why landlords are reluctant to take on tenants in receipt of benefit.

As someone said in the comments above, the tenants act on advice from the council, if they move out before being removed by the bailiff they are making themselves intentionally homeless and the council is under no obligation to rehouse them. When they do if they don’t have any properties this will be in emergency accommodation which is likely to be a b&b, hotel, or house with shared facilities (so you can understand why they follow the advice).

On a positive note it’s not all bad…

Even though you have served a s21 and are going through evictions proceedings the rent will still always be paid by the council, unless of course your tenant is not paying or passing on the rent. I’ve done a couple of evictions and have always been paid, whilst it’s a drawn out process the fact I was still receiving the rent made it that much less painful.