Social housing for a non-paying tenant after a S21?

Social housing for a non-paying tenant after a S21?

11:41 AM, 17th March 2023, About 2 years ago 18

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Hello, After a S21 notice, I now have my Order for Possession from the court. Bailiffs are awaited. The tenants have now stopped paying the rent.

They got progressively worse at paying until I got a managed payment to the landlord (MPLT) for Universal Credit. Their claim got interrupted for some reason so I’ve lost a month. But I have it reinstated and my next payment is due imminently.

Does anyone know what the position is with the council and Housing Associations with regards to these people getting housed if they have deliberately not paid their rent?

Obviously, S21 is the so-called ‘no fault’ route so now that they have an Order for Possession notice, the eviction is not confirmed as being their fault.

But how do councils and HA’s view a tenant who deliberately stops paying the rent in between the Order of Possession and their removal by bailiffs?

They will have rent arrears and a CCJ if I try and enforce it.

It obviously shows signs that they are a bad tenant. After emergency accommodation, will this stop them getting on to housing lists, or put them further down the list of priority?

I am considering going down the MCOL route just to give them a CCJ just so they can’t get housed because they are deliberately not paying me.

Is it worth calling the council’s housing department and letting them know so they prompt the tenant to pay their rent up to date?

Thank you,

Nick


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Smartermind

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13:56 PM, 17th March 2023, About 2 years ago

The council are unlikely to prompt the tenant to pay any rent to you. The housing department are probably waiting for you to evict them before they offer them rehousing.

Reluctant Landlord

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14:06 PM, 17th March 2023, About 2 years ago

If you have a MPTL then count yourself lucky!

What are the rent arrears total?

TheMaluka

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14:40 PM, 17th March 2023, About 2 years ago

Whatever the arrears take them to court (Moneyclaim on line) for at least part of the arrears. It does not cost much and does not have to ve for he full amount. You will likely get a default judgement and the tenants a CCJ. This will ensure that other landlords are unlikey to take them and the council certaily will not rehouse them.
Moneyclaim is simple and all done from the comfort of your computer chair.

Nick Van Hoogstraten

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14:40 PM, 17th March 2023, About 2 years ago

Reply to the comment left by DSR at 17/03/2023 - 14:06
=£1350 x 2 month = £2,700. The MPTL should be paid next week and clear one of those months.

Nick Van Hoogstraten

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14:43 PM, 17th March 2023, About 2 years ago

Reply to the comment left by TheMaluka at 17/03/2023 - 14:40
This is what I want. 1) for them to pay me or 2) as you stated above. I do not want them being paid UC that my taxes pay for and they just keep it because nobody cares.

If I don't get my money I want them at the bottom of the list if on it at all.

Simon M

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16:22 PM, 17th March 2023, About 2 years ago

The legal term is "intentionally homeless". Look it up the Shelter & gov.uk websites.

In simple terms if the council decides the tenant is homeless deliberately, the council's duty to rehouse reduces.

Reluctant Landlord

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16:39 PM, 17th March 2023, About 2 years ago

Reply to the comment left by TheMaluka at 17/03/2023 - 14:40
but it costs you money and time to pursue and its not that simple - its not a case of straight to CCJ.

While we all KNOW we should take each bad tenant to task for rent arrears, sometimes it really isn't worth it on all counts. Why throw good money after bad?

Instead do what the government expects ALL of us evil LL's to do. Raise the rent after the bad tenants go to recoup lost money from the next incoming one. Unfair YES. Do we have a real choice NO.

Adele Jaab

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19:49 PM, 17th March 2023, About 2 years ago

The council will have a duty to house them, even in temporary. Some housing associations don’t look favourably on missed rent but as they’ve been served section 21, they maybe will turn a blind eye.
From a tenants perspective, it’s is very stressful to be served notice in any climate but especially now. There is very little available privately or social housing and they probably feel as angry at you as you do at them.
How much are you short overall? Did UC not cover the arrears? I applied to UC for arrears for a tenant but can’t remember why I didn’t get it.

TheMaluka

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20:20 PM, 17th March 2023, About 2 years ago

Reply to the comment left by DSR at 17/03/2023 - 16:39
It's not a case of being cheap or convenient, although Moneyclaim is both, it is a ploy to stop them doing it again to another gullible landlord. Remember a CCJ for only a few tens of pounds will screw their financial lives just as they have tried to screw yours.

Reluctant Landlord

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20:49 PM, 17th March 2023, About 2 years ago

Reply to the comment left by TheMaluka at 17/03/2023 - 20:20
I applaud your determination. The system has clearly worn me down!

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