Council advising tenant not to vacate after being issued with Section 21?

You say it very well. Council's giving this ONE person longer. Hurting you. Which is why we not giving tenants chances next time. They save one tenant for a few months & hurt the next 1000 waiting.

It is clearly unsatisfactory when tenants are actually advised by the local authority to stay put pending a formal eviction. However, it is not clear that you have followedf the correct procedures. S21 can only be served legitimately if you haved delat with all the pre-compliance documents properly - that's whay theyn wanted to see the EICR and gas safety certificate.

I think you were optimistic bringing the property oto the sales market before gaining vacant possession as you cannot guarantee VP.

You cannot take possession simply by serving a s21 notice; if the tenant fails to vacate then you need a Court Order for posession.

As an aside I think you may have become too involved in the tenant's affairs. Although your intentions were to help the tenant (whilst securing VP for your own aims) you need to remember that your contractual relationship is with the tenant. You may also fall foul of GDPR rules.

Reply to the comment left by Graham Bowcock at 08/08/2023 - 09:43
I wonder if you would get in trouble for advising the tenant to not pay their council tax.

Your problem started at the beginning when you failed to serve the section 21 documents properly.
All you have to do and if I was you I would do it now anyway is serve your copies of gas certificate, EPC, copy of Electrical safety certificate and copies of prescribed information.
When I say serve them I mean get a document server to serve them don’t do it yourself and they will provide proof of service (delivery).
You have to serve these first before serving a section 21 or section 21 may be invalid.
Then when done serve your section 21 again using the document server as they will provide proof of service.

After section 21 eviction date has passed apply to court for eviction making sure you give the court enough copies of all documents.

Then wait for court to approve your documents and start the eviction process and issue the order. If tenant dies not move out follow the eviction process…. Do not engage with tenant about personal issues or circumstances - communicate and sympathise with the tenant but do not allow any personal issues to delay the process. It’s tough but unfortunately it’s the only way you will get the eviction.

Stop talking to tenants associates, disengage yourself from these outside noises and let the process now do the work for you. Stop being mr nice guy trying to do the right thing but follow the eviction process…sorry a bit tough but it’s the best advice.

You will have to do your own research about the process…. the above should not be taken as legal advice but just my experiences and how I would deal with it as I have many times before.

Good luck with it all

So the motto seems to be:

1. Don't be a residential landlord.
2. If you must be a private landlord only take on perfect tenants, with plenty of income and a track record of employment.
3. If at any stage the tenant has issues with paying rent immediately give notice, so the maximum loss is, say, 6 months rent and legal costs.
4. Don't have any sympathy or empathy with tenants, it will backfire.

It's a sad world.

Reply to the comment left by Churchills Tax Advisers at 08/08/2023 - 10:35
Harsh, but true.

Sadly the governmenbt's desire to end the PRS is causing misery for both tenants and landlords.

A well run property letting business can function profitably, but as you say there is a need to avoid anyone who is less than ideal as a tenant.

My tenant illegally sublet the house I was renting to him.
The local Council, Newham threatened to revoke my Landlord's Licence, because house was not registered as a HMO.
I started eviction proceedings against tenant, but Newham Council advised him to stay in house until he was evicted.
You heard right, the same Council who threatened to revoke my Landlord's Licence eventhough it was not my fault, then encouraged tenant, who was responsible, to remain in the house.
It took me 14 months and cost me over £27000 to regain possession of my house.
Anyone who would rejoice at the suffering caused to a Landlord should look at rents in Newham and see who is really suffering.

All councils and legal advisors would advise the tenant not to leave until the full eviction processed has completed.

It’s just a fact that we all have to live with and nothing unusual.

Reply to the comment left by Dino Saw at 08/08/2023 - 11:21
It may be a fact, but it is also a moral and ethical disgrace.
Local Authorities have been given, deliberately in my view, way too much power and too little accountability. The only methods a resident has to complain or challenge a Council’s illegal or unethical behaviour is to either the Ombudsman, LGSCO, which is very imperfect at best due to a strict time limit and then the personal opinion of a caseworker.
Or a Judicial Review which is extremely expensive with an uncertain outcome.
A complaint can be made to your MP but good luck with that as you have to get their interest in your complaint.
Definitely the whole system is stacked against the ordinary person unless he is a celebrity or politician or quite wealthy.

Reply to the comment left by Graham Bowcock at 08/08/2023 - 09:43
Very well put.

If you get too personally involved you risk that going against you.
The council and government like nothing more than Landlords acting as social services.

They will just exploit your good intent and squeeze; you until the pips pop.

I use a letting agent.
I don't want any contact or involvement with tenants because i too would start feeling guilt and compassion but sadly thats a road to nowhere with the state of this country and with so many chancers ready to exploit you.