Is this council letter to tenant legal?

Is this council letter to tenant legal?

by Readers Question

Guest Author

9:09 AM, 27th June 2024, About 5 days ago 42

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This is what the local borough sent to my tenant after I had sent her a Section 21 notice:

“I have requested that you be assigned an officer who will go through the next stage with you.

“Please be aware that due to a backlog of cases, this may take a little while but you will be allocated an officer.

“In the meantime, you are advised that you have a legal right to occupy your property. Your landlord will have to go through the proper legal process if he wants you to vacate the property.

“He must issue you with Section 21 notice as he has done, a Possession Order and a Bailiffs Warrant. This process can take some time.

“Therefore, you are advised NOT to vacate your property until your landlord has issued you with all 3 notices, the last one being the bailiffs warrant. If you do vacate the property without finding alternative suitable and reasonable long-term accommodation for yourself and your family you will be making yourself homeless intentionally.”

Kind regards
Triage Team

Is this legal?

Debbie

Editors Note: Check out Property118’s investigation report on councils telling tenants to stay put here


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Comments

David Judd

9:22 AM, 29th June 2024, About 3 days ago

Unfortunately there is nothing you can do except follow the procedures to evict. It will be costly, timely, and you may or may not receive any rent. Its scandalous that even though the tenant will eventually be evicted and the council will have to rehouse them, that landlords are punished with costs, stress and unnecessary hassle to do this

Mark Alexander - Founder of Property118

9:24 AM, 29th June 2024, About 3 days ago

You have already been given some excellent advice here and to add to that I suggest that you make a complaint to the Local Government Ombudsman and copy to your tenant, the Council officer who signed the letter, your local MP (and their new replacement post election if necessary).

I recommend your complaint quotes the Homelessness Code of Practice and the statements made at the time my Brandon Lewis PLUS the Reform party.

I’m not sure how far it will get you but it might help to change things moving forwards and make you feel a bit better.

Meanwhile, I concur with the advice of other Members to instruct an eviction specialist immediately.

See >>> https://www.lgo.org.uk/

I hope this helps.

peter kessler

9:39 AM, 29th June 2024, About 3 days ago

Reply to the comment left by Mark Alexander - Founder of Property118 at 29/06/2024 - 09:24
There is obvious confusion here with my reaching out.
I am not seeking advice on evictions, I already have a date on one property and a Possession Order on the other.
What I am seeking is the experience of others on this Group to ascertain whether they, through their tenants have had similar experience of Councils (in particular Newham) advising their tenants to stay put pending eviction.
I am trying to build a legal case against them for loss of income!

Carchester

9:52 AM, 29th June 2024, About 3 days ago

Peter

If you track back a few months you will find the comment and details of the chap in Birmingham that wished to launch the application of JR.

He had written evidence of the Councils' advise to tenant to stay put following the Court Order to vacate.

Unfortunately, my then computer has expired (died) and I cannot retrieve details of my communications with him.

Count me in for support on the matter.

Carchester

Judith Wordsworth

10:28 AM, 29th June 2024, About 3 days ago

Reply to the comment left by G Master at 28/06/2024 - 08:22
I remember saying on this site that we will see tent cities when the Renters Reform Bill raised it’s head.

My Local Authority, LibDem, has been bulk buying in tents,

Judith Wordsworth

10:38 AM, 29th June 2024, About 3 days ago

Reply to the comment left by peter kessler at 28/06/2024 - 13:54
Is Newham a Selective License area?

Check all the docs AND promotional literature/adverts for the remit behind their adopting this scheme.

Croydon stated one of the reasons was to provide assistance to both landlords and tenants. I had a massive issue with my tenant who had stated in writing she was not renewing her tenancy but, on the advice of the LA, was not to move out.

I went to the Council offices and demanded to see either someone from their housing dept or legal team. I was told that they wouldn’t assist as they only assisted tenants. I said if someone wasn’t down within 5 minutes I would see them in court for breach of contract re my selective license. Only took them 4 minutes to get down the stairs!

peter kessler

12:31 PM, 29th June 2024, About 3 days ago

Reply to the comment left by Carchester at 29/06/2024 - 09:52
Many thanks for your comments "Carchester".

Unfortunately I have only just joined Prop.118 so can't go back either.

Does anyone have contact or detail reference to the Chap from Birmingham re: Judicial Review?

Mark (Alexander) would you have these details tucked away?

Pete

Carchester

19:17 PM, 29th June 2024, About 2 days ago

Peter

See this one. The chap called himself SHINH.

Post started in March/April 2023.

Hope this helps.

Carchester

Anthony Endsor

22:04 PM, 30th June 2024, About A day ago

It absolutely should be illegal, but sadly it isn't. It's actually standard practice now among Councils, and I had a tenant very recently in exactly the same situation.
A section 21 notice is just that - notice. That is what tells the tenant they must leave by. The court route is the next step to take if the tenant doesn't leave. The bailiffs is if they still don't leave after that. If you don't pay your bills on time, the first step will be a reminder, court will be the LAST RESORT, followed by a CCJ. Court isn't meant to be standard practice, it is supposed to be the route for things that can't be solved. Councils are using this to buy themselves time. It's a disgrace. And it's only going to get worse as the housing crisis deepens.

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