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 10 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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Happy housing

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9:15 AM, 5th February 2024, About 9 months ago

Reply to the comment left by Caley McKernan at 05/02/2024 - 09:07
So your saying they won't pay the tenants arrears off as the person on the phone I spoke to from UC said its being taken from their benefits even though they are no longer in the property.

Londonlad

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9:20 AM, 5th February 2024, About 9 months ago

Reply to the comment left by Happy housing at 05/02/2024 - 09:15
I would be interested to hear from any landlord who has actually received money for arrears .

Caley McKernan

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9:20 AM, 5th February 2024, About 9 months ago

Reply to the comment left by Happy housing at 05/02/2024 - 09:01
1.Under the children's act councils have to ensure that children are accommodated. If, you find a family Intentionally Homeless. They are referred to children services and then you end up still having to house them under that act.

2. Under HRA 2017 - there a 2 initial duties- prevention and relief. Prevention is still accommodated but risk of homelessness within 56 days. Relief is already homeless. In both instances the council has a duty to work with the tenant to find alternative housing. This is legally re viewable by the client/tenant if it is not done.
Relief is also 56 days guideline. If after this time no housing has been found. If, there was any deliberate action by the tenant/client that had brought about the end of their tenancy. Then an IH decision is made.

Council can vary on their homeless approach but that is the basic legislation.

I have 25 years experience of homeless work form all perspectives. The problem is affordability but also a lot larger problem is responsibility.
London has a particular problem as the rents are astronomical and people dont want to relocate.

Happy housing

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9:22 AM, 5th February 2024, About 9 months ago

Reply to the comment left by Londonlad at 05/02/2024 - 09:20
Me to, I gave solicitors chasing for the money owed plus damage s. But I'm waiting for the case worker to call me back. They overpaid housing costs as the tenant did not tell them they been evicted. Then they are asking for the money back for the overpayment will im out of pocket

Caley McKernan

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9:26 AM, 5th February 2024, About 9 months ago

Reply to the comment left by Happy housing at 05/02/2024 - 09:15
I know rent arrears came be paid whilst in accommodation. Also, if you have gone to court for possession it might be part of your claim. Court cost and outstanding arrears. You would have to maybe get legal advice for that to be directly deducted.

Happy housing

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9:30 AM, 5th February 2024, About 9 months ago

Yes been to court. I did ask the tenants before they were evicted what about the arrears and they said they have no money.

Londonlad

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9:32 AM, 5th February 2024, About 9 months ago

Reply to the comment left by Happy housing at 05/02/2024 - 09:22
Sorry to tell you I have never heard of arrears being paid from UC (promises , yes often). My advice would be throw no more money at solicitors.

Happy housing

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9:34 AM, 5th February 2024, About 9 months ago

Reply to the comment left by Londonlad at 05/02/2024 - 09:32
I was lucky that the Solicitors are covered through the agent so not costs came from me on that side.

Happy housing

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9:35 AM, 5th February 2024, About 9 months ago

Reply to the comment left by Londonlad at 05/02/2024 - 09:32
No they were taking the 20% from tenants benefit payments which will take about 4 to 5 yrs to pay off.

TheMaluka

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9:54 AM, 5th February 2024, About 9 months ago

Reply to the comment left by Happy housing at 05/02/2024 - 09:35
You are lucky, one of mine will take more than one thousand years to pay.

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