Industry body seeks input from landlords over eviction guidance from councils

Industry body seeks input from landlords over eviction guidance from councils

10:32 AM, 8th January 2024, About 12 months ago 68

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It’s an all too common practice for local authorities to tell tenants to stay put when facing eviction.

This causes not only complications for the tenant but also the landlord as they deal with the legal costs and uncertainty.

Here at Property118, we have done various investigations on this issue and now the NRLA wants to hear from landlords who have been affected by this.

Authorities should not routinely be advising tenants to stay

The Homelessness Code of Guidance states where applicants are threatened with homelessness councils must take reasonable steps to help prevent it from occurring.

The first step the guidance says: “Housing authorities should not consider it reasonable for an applicant to remain in occupation until eviction by a bailiff.”

A recent Property118 investigation uncovered the letter from Brandon Lewis, the former Housing Minister, who wrote to all councils in 2016 stating: “Authorities should not routinely be advising tenants to stay until the bailiffs arrive; there is no barrier to them assisting the tenant before this. By doing this, local authorities miss a valuable opportunity to prevent homelessness.”

Councils seem to not have listened to the advice given by the housing minister as the common practice still continues.

Keen to hear from landlords

The NRLA is now campaigning on this issue and wants to hear landlords’ thoughts on their experiences with tenants advised to stay put in the face of eviction.

James Wood, policy manager for the NRLA, said: “This practice is something the policy team raises regularly in our meetings with the government, making the case that the homelessness duty should be applied consistently across the country.

“We are keen to hear from landlords who have been affected by this, so we can share examples of poor practice with the Department for Levelling up Housing and Communities.

“In particular, we are keen to hear from landlords who know their tenants have not been given a personalised housing plan or have been told that nothing will be done until a warrant is issued.”

If you think you can help please click the link here and fill out the form at the bottom of the page.

You can also read our Property118 investigation on this issue here


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Blodwyn

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10:26 AM, 8th January 2024, About 12 months ago

I'm sure it has happened somewhere but I haven't seen any new council houses in West Sussex?

NiceLandlord2000

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10:33 AM, 8th January 2024, About 12 months ago

It is not only common, but is systemic for tenants to be offered no support until the bailiffs arrive.
Even when the Council is the Corporate tenant, they behave in this way. It is consistent that Councils act to kick the can down the road instead of dealing with it.
Councils are not paying anything like market rent and refuse to pay even modest increases. Ultimately, it must cost them more to rehouse tenants or to put them in B and Bs.
The Government seem to have an obsession with giving tenants secure homes, yet Councils DO NOT act this way. They would rather leave tenants in limbo without any clue what will happen to them, move them out of the borough or have them sent to B&Bs instead of paying £100 more a month. Sometimes properties need to be sold so its not about the rent but the delays can run into 6 months or more.
I appreciate budgets are not unlimited but offering some rent increases to landlords would give the tenants the long term security they deserve.

TheMaluka

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11:25 AM, 8th January 2024, About 12 months ago

Reply to the comment left by Blodwyn at 08/01/2024 - 10:26
Surely "New" and "Council houses" is an oxymoron?

northern landlord

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11:31 AM, 8th January 2024, About 12 months ago

Certainly the case in Rochdale. In the face of a section 21 or section 8 notice tenants are advised that they should stay put until the bailiffs come and if they leave before then they have deliberately made themselves homeless and won’t get any help. Tenants are supposed to be able to get help when they first come under threat of being made homeless i.e. when notice is served. Councils ignore this as they don’t have anywhere to house people. They just hope that at some time between notice and eviction (which can be months), while being housed at the landlords expense the tenant will find alternative accommodation themselves and not become a burden on the Council.
As for the NRLA and their campaign I don’t think the Government listen to them. I ditched my membership ages ago as all they wanted me to do was to “delight “my tenants and buy stuff.

Clint

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11:36 AM, 8th January 2024, About 12 months ago

It is a fact that the council that my properties are rented out in inform the tenant that if they move out following an s21 notice they will be making themselves intentionally homeless if they do not wait until the point where the bailiff attends.

The tenants are only informed of this verbally when they seek to be rehoused following a S21 notice

Mark Smith

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12:04 PM, 8th January 2024, About 12 months ago

Being a evicted by a bailiff makes it very hard for a tenant to be rehoused in the private rented sector which severely limits their future housing choices.

The practise of encouraging tenants to wait for the bailiffs also puts up costs for landlords and is one of the drivers for rising rents in areas where this is a routinely used.

It has also become a significant driver for the increasingly strict affordability checks landlords are carrying out when choosing a tenant making it harder for lower income and benefits to obtain flats.

Cider Drinker

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12:59 PM, 8th January 2024, About 12 months ago

Advising a bad tenant to stay until bailiffs arrive denies a property to another, more deserving family.

Cider Drinker

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13:11 PM, 8th January 2024, About 12 months ago

It is time for Councils to be relieved of their responsibility to house people.

Reluctant Landlord

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13:25 PM, 8th January 2024, About 12 months ago

Reply to the comment left by Mark Smith at 08/01/2024 - 12:04
how can you check anywhere that any tenant has been evicted by bailiffs? You can possibly ask on an application form, but they do not have to tell you/lie anyway, because you no way of finding out.

Even if they were completely honest and said it was a S21 - as there is no reason given they can say they don't know why themselves!

TheMaluka

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13:40 PM, 8th January 2024, About 12 months ago

Reply to the comment left by Cider Drinker at 08/01/2024 - 13:11
If councils do not have that responsibility then who does?

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