Is this council letter to tenant legal?

Is this council letter to tenant legal?

9:09 AM, 27th June 2024, About 5 months ago 46

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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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Carchester

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8:02 AM, 1st July 2024, About 5 months ago

In divorce or separation matters it is called an "Ouster Order". It tells the respondent that he (always the male) that he must get out of the property as ordered - usually with immediate effect.

Failing to do so (as ignoring the Order and failing to move out as per the details endorsed on the Order) is treated as Contempt of Court. A power of arrest is usually attached meaning that the contemnor is rounded up, brought back to the court and gets six months porridge.

Sadly the systems in LL/Tennant disputes in the UK are woefully fractured, almost always favouring the guilty tenant whilst racking up thousands of pounds for the LL.

It is little wonder that LLs have already sold out or are doing so.
Carchester

peter kessler

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9:54 AM, 1st July 2024, About 5 months ago

Reply to the comment left by Anthony Endsor at 30/06/2024 - 22:04
Firstly, once again, thanks "Carchester".

Anthony (Ensdor) all very interesting but what did you do to resolve the situation?

Which Council are you referring to?

Deb, if you are still reading these posts, which Council have you had your problem with?

Pete

Another landlord

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22:55 PM, 12th July 2024, About 4 months ago

Reply to the comment left by Laurence Stevens at 27/06/2024 - 09:29
See the BBC giving the same advice on daytime TV Morning Live 12th July available on iPlayer if you have the stomach to watch. Matt Allwright tells tenants to stay put until the bailiffs arrive or risk loss of council obligation to help them. No mention they could become liable for costs as a result.

Anthony Endsor

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8:32 AM, 13th July 2024, About 4 months ago

Reply to the comment left by peter kessler at 01/07/2024 - 09:54
The Council I am referring to is Tameside Council.
This situation is ongoing and in fact is now getting worse by the day, so it hasn't been resolved yet.
Of course the tenant should just leave at the end of the notice period. That's just common sense and in any other civilised mode of society it would generally be abided by, but not in the rental housing market it seems, as Councils encourage illegal activity such as this.
The only I can resolve my situation is to get a possession order from the court. I have instructed my solicitor to do this, but I wouldn't expect much response for around 6 months at least, and even then it'll take time to get the bailiffs instructed after this gets ignored. This is quite literally all any of us can do and it's an absolute disgrace which sadly is only going to get worse.
If I get the property back this side of next Spring I would be very surprised.

SQUEAKY WHEEL

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22:48 PM, 17th July 2024, About 4 months ago

End of June this year I issued a Section 21,
*Current EPC CERT
*my property did not have gas so this document wasn't applicable.
*tenancy deposit scheme details
*And I Enclosed the How to Rent checklists provided by the Government!
This was what was required at the time to evict.
My tenant wasn't paying me, so moved out, and was put into temporary accommodation! This in our council was considered as "no fault homelessness" . Im not completely heartless, and contacted the tenant to see how they were doing. Since that time they have been moved 3 times, from 1 accommodation to another all in the name of "temporary" The councils don't have enough properties for these people: in 1972 47% of housing were council housing, after the sell off! and no replacements! I think the figures are today 8% ..
You do the math!

Carchester

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8:28 AM, 18th July 2024, About 4 months ago

Reply to the comment left by SQUEAKY WHEEL at 17/07/2024 - 22:48
.... and your point being what?

Carchester

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