Taking Local Authority to SCC?

The Local Authority, sadly ,is not liable for your expenses despite they're telling tenant(s) to remain in the rental property until the Bailiffs knock on the door; they are just telling the tenant(s) their rights ie can ignore a s21 notice as it is just a notice informing tenant(s) you are seeking possession of the property; can ignore the Possession Order as all it is telling the tenant(s) that the Court has given the landlord permission to repossess the property on such and such a date and that date requires enforcement ie a Bailiffs Order

There was a case of this upheld by the Local Gov't Ombudsman a while ago, (a no cost alternative to suing). However, Councils are usually canny and will couch their demands in terms of advice to the tenants on their rights rather than instructions on what they must do.

all you have to do is remind the T that the Council ADVISE is to stay put but the implication and COSTS if they do so are down to them and you will look to take them to court to get this back.

Make T aware that they should make a formal complaint to the council for not acting on their duty to rehouse them as they are under the threat of homelessness, and by default they are ensuring they will be personally liable for ALL costs as a result - these could run into thousands of pounds. A CCJ will prevent them from getting any prs rentals in the future.

Tell them to look at obtaining Legal Aid to fund a claim against the council for not carrying out their duty. Give them Shelter's number and the CAB. Tell T to contact their (probably new Labour) MP to ask them to intervene. Remind them they promised 'change'!

About time T got personally motivated. If they are made aware that access to the prs will be shut off to them in the future then they need to point their venom towards the Council/gvt etc and not to private landlords.

We will always prioritise tenants with good rental history, those who pay the rent on time and in full and look after the property over anyone else.

End of.

It is, of course, neither fair nor is it right.

Helping to keep one tenant in a property makes that property unavailable to a new tenant. The net benefit to the council is virtually zero.

This is a useful, if rather lengthy read. Section 6 in particular.

https://assets.publishing.service.gov.uk/media/65ddabd1cf7eb10015f57f6f/Current_Homelessness_Code_of_Guidance_7_June_2024.pdf

I’ve read up a bit on this. It’s not something I’ve been able to nail as to whether this is legal or not. Ethically it’s disgusting, but that doesn’t matter if they’re not doing anything illegal.

I suggest you have a look at the homelessness code/guidance, and use Chat GBT to help. I don’t think it’s illegal, but even if it is, you’d need proof they’re breaking the law to be able to sue.

I’ve come to learn sometimes it’s a pill us landlords have to swallow sometimes. Probably will become more common with government running wild with unbalancing the landlord / tenant scales.

I wonder if it is possible to commence legal proceedings for recovery of debt before a tenant has left the property?

Reply to the comment left by Steve O'Dell at 13/07/2024 - 10:56
Yes, of course you can sue a tenant for a debt whilst they're still living there, but its usually advisable to wait until they've left and the full arrears are known.

Reply to the comment left by Steve O'Dell at 13/07/2024 - 10:56
yes and it might be a way of pushing T into kicking off with the council! The knack is getting T to understand what will be the personal implications of this to THEM.

THEY need to go hell for leather to the council to demand they help and not take no for an answer.

If T then turned up at the council and claimed homelessness the council still have a duty to house them in emergency accommodation if they believe they are in priority need and need more time to assess this. Make sure T is aware of this. If they fit any of the following categories then offer them a tenancy surrender. This will immediately stop them being liable for any further costs.

Priority need is deemed as,,
a) You are a pregnant woman, (this includes anyone living with you).

b) You have children who rely on you financially and they need somewhere to live.

c) You need special help either because you are old, mentally disabled, physically disabled or other special reason.

d) You became homeless because of a flood, fire or another disaster.

e) You are a child aged 16 or 17 and you are not in local authority care, or recently left long-term care. (In Wales 16 or 17 year olds will be regarded as in priority need, regardless of whether or not they have been in care.)

f) Any person aged 18, 19 or 20 who is at particular risk of sexual or financial exploitation, (applies to Wales only).

g) Any person who is not yet 21 years old, but who was at any time between the ages of 16 and 18 being looked after, accommodated or fostered, but are no longer. This does not apply if that person is also in full-time, further or higher education, (social services would be responsible for accommodating those students), (this applies to England only).

h) Persons aged 21 or over who have become vulnerable as a result of having been looked after, accommodated or fostered, (this applies to England only).

i) A person who is 18, 19 or 20 and who has at any time been privately fostered, lived in a children's home or been in the care of a local authority, health authority or voluntary organisation, (this applies to Wales only).

j) Any victim of any form of violence, (except self-inflicted) who has left their home as a result of violence or threats and has become vulnerable as a result, (this applies to England only).

k) Any person who has been subject to domestic violence, is at risk of domestic violence or would be if he or she returns home, (this applies to Wales only).

l) A person who formerly served in the armed forces and has been homeless since leaving those forces, (this applies to Wales only).

m) Any person who is vulnerable as a result of having been a member of the regular naval, military or air force, (this applies to England only).

n) Any person who is a former prisoner and has been homeless since leaving custody and has a local connection with the area of the local authority to whom they apply, (this applies to Wales only).

o) Any person who is vulnerable as a result of having been in custody, (this applies to England only).

If you fall into any one of the categories a - o above then you are eligible to be given priority when it comes to council housing.

It seems unfair when local authorities advise tenants to stay put after receiving a Section 21 notice, potentially adding more costs and hassle for landlords. It's like landlords end up bearing the brunt of the situation.

As for taking the local authority to small claims court to recover those extra expenses, it might be worth looking into with legal advice. It could be a way to address the added costs you're facing because of their advice.

Reply to the comment left by Steve O'Dell at 13/07/2024 - 10:56
You can, but then the possession process takes even longer