Local authority tells tenants not to leave the property?

Local authority tells tenants not to leave the property?

0:03 AM, 7th July 2023, About A year ago 182

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Hello, tenants were due to vacate the property this weekend. However, the tenants have told the management agency that they have been advised by the local authority to stay put as they are a couple with a young child.

Where do I stand on this? Any advice would be greatly appreciated!

Thank you,

Sheila

Editors Note: You can check out Property118’s investigation on councils telling tenants to stay put here


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adeyem78@yahoo.com

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10:02 AM, 7th July 2023, About A year ago

This is the practice of the local authority. I asked my tenants to leave too just yesterday they were told not to leave and the tenant reply them why should I stay in the property when the landlord wants is property back. Council always tell them to tell Landlord to take them to court.

david porter

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10:15 AM, 7th July 2023, About A year ago

instruct lawyer this moring.
When you have a court order they will move to a council place. It will cost you in legal and court fees. They will get a council flat in a high rise with dual purpose urinal/elevator.

Adrian Jones

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10:20 AM, 7th July 2023, About A year ago

Reply to the comment left by david porter at 07/07/2023 - 10:15
Sadly David is right. I had a similar experience with Bath Council who categorically denied they had given any advice.

As well as legal and court fees my tenants immediately stopped paying rent when they realised they were fire proof..

Good luck Sheila.

RoseD

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10:27 AM, 7th July 2023, About A year ago

Local authority will have advised they can't rehome unless homeless which is standard policy in most LA's. You are facing the problem of a huge % of landlords. You aren't saying why they are leaving. I'm assuming you've asked them to so your agent is your go to now as to advise on formal eviction through the court which as already mentioned is a legal procedure and will cost you.

Peter Newman

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10:48 AM, 7th July 2023, About A year ago

Sadly, local authorities have little or no accommodation available to rehouse homeless people, so this is their standard practice. Pointless delay and cost for landlords, but the tenants are still obliged to pay rent if they stay after their tenancy has ended. If they don't pay, (and assuming your original court order was not for rent arrears), make sure you serve them with a new notice once they have accrued 2 months' unpaid rent. You will have to prove your case, but eventually you will get possession via that route. And if a possession order is granted for non-payment of rent, the tenants are deemed "intentionally homeless", and will not be rehoused by the local authority. Bring this to the tenants' attention if they stop paying rent.

Golfman

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10:52 AM, 7th July 2023, About A year ago

Sadly very common now. I would say in my experience a court order has never been enough. I have always had to go and get bailiffs appointment. That’s easy 6-8months end to end.

My places are all in London where there is no supply of rental properties— and perhaps explains the delta v David’s comments above.

Sad indictment that despite so called s21 no fault evictions process which should give you your property back in 2 months this is almost never the case for tenants receiving benefits. And people then wonder why landlords reluctant to let to these kind of tenants in future…

Hope that helps.

Nikki Palmer

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11:11 AM, 7th July 2023, About A year ago

Councils - don't we just love them!

They can beg and plead with Landlords to offer up their accommodation to help take pressure off their housing lists but it's a different story when Landlords want vacant possession.

Below market level with housing allowances; poor administration and underhand behaviour.

Councils have shot themselves in the foot and now Landlords are being told they won't be able to discriminate against benefit claimants......My house, my rules!

dismayed landlord

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11:12 AM, 7th July 2023, About A year ago

I have just had a court reply that has taken over year since serving section 21. Was struck out by Dartford as they claim the court application was over 6 months from the section 21 being served. It was in fact only 3.5 months. And I have the dates and proof. There is an appeal process which you can go through but it’s more expense and I have been told the success rate is 7-20%. This family wants to move - they are overcrowded. I cannot be bothered anymore - I’ll accept their regular rent payments - up it until it’s the LHA limit and forget it. If the tenants want to move they can pay for the appeal and the bailiffs themselves. Just not worth the stress. If they stop paying then I’ll go Section 8 but this is the second case in similar circumstances I had from Dartford court and it seems that is their policy. They win short term but I will sell as tenants in situ if nothing else happens . Forget the loss it’s not worth the stress.

Ma'at Housing Solutions

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11:40 AM, 7th July 2023, About A year ago

Reply to the comment left by Golfman at 07/07/2023 - 10:52
The issuing of the s21 is no guarantee of the property being returned to the landlord at the end of the two months notice period as the s21 is only the first stage of a legal eviction process.
But yes, many landlords do rely on the fact that most tenants do not realize this so vacate at the 2 month notice period....

Fergus Dodd

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11:44 AM, 7th July 2023, About A year ago

My tenant sublet my property illegally. Newham, the local council threatened to revoke my Landlord's Licence, because the property was overcrowded.
I started eviction proceedings against the tenant.
However Newham Council, the same Council who threatened to punish me for something that was not my fault, advised the tenant to remain in the house until I evicted him.
I lost over £27000 and nearly lost the house for something which was not my fault.
Landlord haters who would rejoice should look at high rents in Newham.

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