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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Talat Mahmood

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12:52 PM, 9th July 2023, About A year ago

Reply to the comment left by at 07/07/2023 - 10:02
I have no sympathy for the council jobsworths that cause good landlords to lose out by telling tenants to not leave the property just because they can't rehouse them.
The legal system is broken and I am happy that I am not a landlord or tenant. But unfortunately still have to live under council rules. Only a realy tough bread can survive in this business today.

Ma'at Housing Solutions

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13:41 PM, 9th July 2023, About A year ago

Reply to the comment left by HMD HMD at 08/07/2023 - 19:39
As an ex housing officer, I apologise for the behaviour of this local authority from your account of this experience and what you were advised.
I must say that I am extremely surprised that they would have "told the tenant not to pay the rent because they could not afford to" as non-payment of rent is an absolute no no insofar as housing advice to tenants!
Of course 'Donna's moving her boyfriend in without your knowledge let alone consent would have constituted a breach of her tenancy obligations...
Unfortunately if a landlord perhaps does not do regular property inspections any issues with the tenant can't be addressed or nipped in the bud.
Glad the situation was finally resolved hopefully without too much cost and stress.

Emma Weller

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16:59 PM, 9th July 2023, About A year ago

In order for them to get help with housing they HAVE to stay put and be evicted by court bailiffs and they won't get help till after they are evicted and probably put in a bedsit miles away for years. It is the way it has been for a decade at least

LL Minion

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17:14 PM, 9th July 2023, About A year ago

Reply to the comment left by Ma'at Housing Solutions at 09/07/2023 - 13:41
just out of curiosity ....

Were you ever contacted by a LL in this situation, and were you asked to formally confirm by email response the councils position on what they deem as 'prevent homelessness'.

If the Council HAD a duty of care to the person threatened with homelessness (met the eligible criteria), and the Landlord challenged you over this, what would be the Councils reasoning for not finding them either accommodation or paying off their arrears before the bailiffs called?

If the duty to PREVENT homelessness, then wouldn't the most obvious solution be to at least pay the LL arrears (for example) so the tenant stayed in situ and the LL did not have to progress with possession?

Does the council regard the issuing of the S21/S8 as the ONLY trigger to decide when their duty kicks in, or can it be when contact is made with the council by the LL alerting them of a situation which will lead to a S21 if not addressed?

Prevention should mean before it even gets to the point of a LL having to issue any notice. (especially when the tenant is mentally vulnerable)

Happy housing

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17:19 PM, 9th July 2023, About A year ago

Reply to the comment left by Ma'at Housing Solutions at 09/07/2023 - 13:41
It's doesnt matter about inspection, soon as that's over they move the beds around again.

Rita P

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20:50 PM, 9th July 2023, About A year ago

Reply to the comment left by John Mac at 07/07/2023 - 13:44
Hi John. Sending their letter doesn't make a difference. I sent it to Folkestone & Hythe when a tenant of ours said the council and homeless charities told her to stay put until the bailiffs arrived as she didn't fall into the category of needing immediate shelter. The woman was suffering with mental health issues. Staying in the property for so long (it took 6.5 months from issuing the s21 to the bailiff arriving) made her mental health worse....

I quoted the advice of the Homelessness Code of Guidance chapter 6.3 and 12.1 and attracted the letter from Brandon Lewis MP. Nothing helped. Telling tenants to stay put doesn't help anyone and only kicks the problem further down the line.

Rita P

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20:59 PM, 9th July 2023, About A year ago

I had the same problem. A tenant in Folkestone & Hythe advised repeatedly that the council and local homeless charities told her to stay put until the bailiffs arrived as she didn't fall into the category of needing emergency shelter. And if she left before she would be seen to be making herself voluntarily homeless and so wouldn't get help at all.

I wrote to the council, quoting the advice of the Homelessness Code of Guidance chapter 6.3 and 12.1 and attracted the letter from Brandon Lewis MP, but nothing helped.

The tenant advised that when the bailiff day drew close the council said that she had to be sleeping on the street and be photographed sleeping on the street before she could receive help. Does anyone know if there is any truth to it? I did ask a housing officer from another council in Kent. He said that in his council it is true.... I am really hoping not. It just seems too awful....

A W

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21:17 PM, 9th July 2023, About A year ago

Reply to the comment left by LL Minion at 09/07/2023 - 17:14
Yes, my tenant was told by Southwark council housing officer!

A W

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21:30 PM, 9th July 2023, About A year ago

Reply to the comment left by Happy housing at 09/07/2023 - 17:19
Yes, my tenant was told by Southwark council housing officer!
"Don't move out until the landlord has the eviction order from a court without the eviction order, the landlord cannot force you out, it's illegal and illegal" That was my tenant told. I wished to talk with the officer.

Legal contract agreement is useless now.

Ma'at Housing Solutions

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0:51 AM, 10th July 2023, About A year ago

Reply to the comment left by Emma Weller at 09/07/2023 - 16:59I'm sorry Emma but simply because too many council's are not complying with their statutory duty to 'Prevent' the homelessness, does not mean that tenant's "HAVE" to remain in the accommodation in order to get the assistance they are eligible for.
I totally understand and empathise with PRS Landlord's frustrations at the poor service they receive from many local authorities housing/ homelessness teams; however this poor service does not equate with a legal position of compelling tenants to remain in the tenancy and taking an adversarial approach to Landlords.

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