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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9:56 AM, 5th February 2024, About 9 months ago

Reply to the comment left by TheMaluka at 05/02/2024 - 09:54
Takes the mic, even if your a good landlord seem to take more of an advantage

TheMaluka

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10:28 AM, 5th February 2024, About 9 months ago

Reply to the comment left by Happy housing at 05/02/2024 - 09:56
And Shelter claims that benefit tenants are no more trouble than any other tenants.

Heather G.

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13:10 PM, 5th February 2024, About 9 months ago

Reply to the comment left by Slooky at 13/01/2024 - 11:19
See my earlier post - Croydon Council put it in writing.

JC

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14:18 PM, 5th February 2024, About 9 months ago

All local authorities advise all tenants to remain in a property until they are removed by bailiffs or sheriffs.
This is a fact that will not change ever.
It's completely frustrating, but the reason is simple.
If a tenant/tenants vacate a property prior to being removed, it is deemed that they have made themselves intentionally homeless. Therefore they will have no recourse to public funds and or housing.
Until that law is changed, this is a pointless conversation.

Happy housing

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14:21 PM, 5th February 2024, About 9 months ago

Reply to the comment left by JC at 05/02/2024 - 14:18
Yes bur if they are evicted with arrears this is also intentionally homeless.

Reluctant Landlord

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14:57 PM, 5th February 2024, About 9 months ago

Reply to the comment left by JC at 05/02/2024 - 14:18
All it should take is a letter to the council from the tenants themselves stating that the councils decision in telling them to wait, means that they are forcing them directly into financial difficulties as any and all court costs to obtain full possession will be sought from the tenant as a result.

If the tenant then copied in the local councillor or MP.....

Caley McKernan

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15:09 PM, 5th February 2024, About 9 months ago

Reply to the comment left by Reluctant Landlord at 05/02/2024 - 14:57
The council can only place families in the emergency available accommodation. If, there is limited temporary accommodation at a high cost. It is better for the family to stay in the home until notice of eviction. It is tax payers money that pays for most of these placements as they are quite often subsidized by the council even if the tenant is working.

All means tell your tenants to write to an MP in a high demand borough. The MP will be advised the realities for the families they represent and would not encourage a council to put them outside that borough. To go into a hotel with no cooking facilities, family cannot go to work or school.If, the kids did not have special needs before. They will start to show signs.

Caley McKernan

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15:16 PM, 5th February 2024, About 9 months ago

Reply to the comment left by JC at 05/02/2024 - 14:18
Actually, not technically correct. It is advised to remain because of the impact of going into temporary accommodation. You could not argue IH after a bailiff warrant is issued. because unless the landlord goes back to court to stop the action. This property would not be deemed available to them to occupy.

So, an IH decision on review would probably be over turned. Clients/tenants have up to county courts to get decisions over turned.

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