Jacob Young MP addresses NRLA members on Renters (Reform) Bill

Hi
I am in exactly this situation where the local council Southampton has told the tenant to stay put until the bailiffs arrive, so nothing has changed, encouraging the tenant to break the AST. Going to month 7 now. MPs a load of hot air!

Reply to the comment left by roger radford at 29/04/2024 - 10:26
you are not in any breach of overcrowding if at the point of the tenancy start occupancy was correct. You cant account for people breading! You are also not legally obliged to evict even if you become aware of a now 'overcrowding' situation.

Don't forget legally you can count a living room as a sleeping room too, so technically even the council might not assess they are overcrowded - ergo this would not put them on an an automatically higher band, even if they were to apply for social housing.

Heard an interview with a woman a while ago, her circumstances had changed and she could no longer afford the rent, small arrears. Her landlord was helpful and they agreed he would issue a Section 21 and write off the debt.

Council and Shelter said, “Wait for bailiffs” so arrears built up and LL issued Section 8.

Tenant was hit with Court and bailiff fees, plus CCJ, and council claimed she was intentionally homeless, ie didn’t need to house her.

She said it was the worst advice she had ever received and ruined her life.

Win for Shelter, another statistic.

What a load of total garbage!

This minister will say anything to avoid confrontation, and he will be pandering to the councils and various anti landlord factions in just the same way. He has done nothing to actually sort the issues we have as landlords, and for all his talk, none of it is going to help a landlord shift a tenant who needs shifting for perfectly legitimate reasons.

I have lost all faith in our government to help resolve our issues, most of which they have caused, the irony is, I don’t think we would be any better with any of the other parties either, they all love to kick the PRS.

So strap in or get out, I’m doing the latter, because I just don’t believe for a second any of the rhetoric any of these guys are spouting, and I’ll bet they don’t believe it either.

Reply to the comment left by Adam Whitfield at 29/04/2024 - 10:57
ultimately no because the AST is between you and the tenant and if they do not move, they are the one's owing you additional rent. Any claim for unpaid rent and all costs from the eviction process can only be charged to the tenant. There is no legal contract between you and the council so they are not obliged to pay you anything.

The only thing you can do is tell the tenant if they stay to get evicted, what the costs of this will be and the fact that they will be entirely liable for them, because they did not move on exiprey of the original S21 2 months notice.

They will of course argue they have no where to go until they are made homeless so therein is the problem. Also are you really going to get any costs back from the tenant at the end of the day? It will still cost you to get a money order and then more to actually chase the debt. More cost when the reality is you know you will probably never see a penny.

Which is why LL;s are avoiding benefit claimants like the plague. Where once the council MAY have been able to house them before the S21 expired, there is no chance today because they have no accommodation and they don't want the expense of emergency/temp accommoodation either.

The only hope you have is that the council pay the arrears (if this is the only issue with the tenant) if you agree to drop the S21 - as it is cheaper for them. Of course if the tenant is a total nightmare and its not just arrears then you may want them out regardless just to get possession.

Other option is to accept the arrears payment from the council if offered to get T up to date, and immediately issue a S21 again. If T refuses to keep paying the rent themselves after the council have paid them, the council will deem them making themselves intentionally homeless and wont offer to help again anyway. Explain this to T and you might find they start paying while they are in the second S21 notice period (they wont want to mess up their very last chance of help).

The above can allow you to get some serious arrears paid off - so on balance it may be a financially better option to do the above and start a S21 again. Work out what arrears are Verses starting a S21, the court costs, bailiff cost and make a decision on this basis.

It has worked for me. T realised they would be screwed when the bailiffs came if they had not paid the rent in the period leading up to possession and ergo council would not owe them any duty when they presented as homeless.

About time these nightmare T's realised the council are also kicking back hard and don't want to house them either so they need to play ball and comply if they want help.

Reply to the comment left by Martin Roberts at 29/04/2024 - 13:26
which is why I lay it out straight to tenants now the reality of THEIR actions if they refuse to pay the rent in the S21 notice period and beyond until they are evicted. There is NOTHING stopping them applying for a DHP for example for rent arrears on the basis they need to secure their tenancy. Tell them that a S21 does not need to be acted on after the expiry period so they can stop it progressing. Force them to act.

I know they can't move, but not paying the rent due wont help at all in the end as the council will day its their own fault and refuse them help.

My tenant has been advised by the local council to stay put until the bailiffs arrive. She is very stressed because she does not want to go to court. This situation is particularly stressful for her as she already has health issues. However, the council is attempting to shift the responsibility to landlords, who are required to bear the costs, even though we have fulfilled all legal requirements.

Reply to the comment left by CP at 29/04/2024 - 11:50
explain to T the cost that this is all going to add up to. Explain the debt will be with them, not on the council who gave this 'advise'.

Also explain to T that they can apply for a DHP to get rid of the rent arrears that have accrued (that will help them to reduce the bill they are accumulating but without ultimately paying out themselves).

Then get the T themselves (if you can get them on board) to contact their MP to state that the council is forcing them into debt because they are telling them to say in their current accommodation until they are evicted. This is contrary to Housing legislation. If the MP is Labour and in a marginal seat you might get a buy in and help offered as they want the local vote. All about scratching backs these days to get the best outcome for yourself I am afraid!

Reply to the comment left by roger radford at 29/04/2024 - 10:26
Actually, the councils are NOT suggesting a tenant stops paying the rent, only that they stay put until the bailiffs arrive (but in practice ....)

If the Council is successful in preventing one tenant becoming homeless through Section 8 or Section 21, another tenant is condemned to remain in temporary accommodation.

Maybe tenants should be rotated to give them all a shot at being good tenants.