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 11 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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Comments

Alison Walker

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14:17 PM, 8th January 2024, About 11 months ago

I had to give a S21 to a tenant when the property was being sold. I met with her in advance to warn her that this was coming as we wanted to work with her timings wise as she had a teen doing GCSE's. Her response was 'o good, I can get a council house now'. I ran through with her what would happen when she went to the council offices, exactly what they'd say and also what they don't say (ie we can claim costs from the tenant). When I met with her again after having served the S21 she confirmed that the conversation went exactly as I had said it would and that the council also didn't mention that we could apply for costs at court. Needless to say she was able & willing to find another property herself within the private sector. Admittedly this was a year or so before the pandemic but councils attitude haven't changed.

Reluctant Landlord

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14:21 PM, 8th January 2024, About 11 months ago

wondering....if you can clearly state in an advert that you have have proof of minimum earnings to show affordability, then it should be acceptable to ask for the same proof that where any previous possessions have taken place that this was not for failure to pay rent obligations, shouldn't it?

TheMaluka

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15:03 PM, 8th January 2024, About 11 months ago

Reply to the comment left by Reluctant Landlord at 08/01/2024 - 14:21
It is almost imnpossible to prove that you have not be subject to a possession. Easy to prove that you have been evicted.

Michael Booth

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15:03 PM, 8th January 2024, About 11 months ago

All councils have recieved a letter from a previous housing minister telling them to stop this nonesense years ago they just ignored it , they are currently breaking the homelessness reduction act 2017 and homeless code of practise , l would recommend any landlord in this position to inform the council of these acts and inform them you will be writing to the housing and social ombudsman of which you are entitled to claim compensation if found in your favour, they have no legal right to tell tenants to effectively ignore a court order or tenancy agreement.

Cider Drinker

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15:04 PM, 8th January 2024, About 11 months ago

Reply to the comment left by TheMaluka at 08/01/2024 - 13:40
I’d say each individual or their family/friends should be responsible for their housing.

At the moment, the givernmnet’s failure to control migration is causing councils to go bust.

Clint

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15:21 PM, 8th January 2024, About 11 months ago

Reply to the comment left by Michael Booth at 08/01/2024 - 15:03
Since the council is breaking the law, the NRLA who is an organisation supposedly representing landlords should get involved.

Downsize Government

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15:44 PM, 8th January 2024, About 11 months ago

Reply to the comment left by Cider Drinker at 08/01/2024 - 12:59
More than one, as landlords burned by this are less likely to put more money in the housing sector.

Blodwyn

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17:03 PM, 8th January 2024, About 11 months ago

Reply to the comment left by Cider Drinker at 08/01/2024 - 13:11
Who would you delegate that duty to?

Blodwyn

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17:06 PM, 8th January 2024, About 11 months ago

Reply to the comment left by TheMaluka at 08/01/2024 - 15:03
Correct, it is very difficult to prove a negative.

Reluctant Landlord

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17:24 PM, 8th January 2024, About 11 months ago

Reply to the comment left by TheMaluka at 08/01/2024 - 15:03
so are landlords suppose to simply expect a tenant to tell us they have been evicted? My point is that we have no way of checking if they have been evicted or not.

I suppose if we ask the question just like the one about bankrupcy. and debts etc on the application form and they refuse to answer or say no and we happen to find out later then it could be classed as false misrepresentation? But how on earth can you do this?

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