Test case for landlords under EU Human rights act possible?

i fully expect you will all just shoot me down, as seems to be the norm of late on this site when i disagree with comments.

But from what you are saying the local councils and CAB are simply informing the tenant of their legal right to remain in the property until a bailiffs warrant is executed.
I am doubtful any adviser qualified or unqualified would tell a tenant to stop paying the rent? As this would be a breach of contract.
Yes…. I am sure you will say “but landlord have rights too” and yes you do, you have the right to your property back once you have followed the full court procedure.
If your tenant isn’t paying rent and they are on HB, why are you not contacting the council and getting HB paid direct to you?
Also if your tenancy agreement states from day one that HB must be paid direct to the LL then local councils have to abide by that and you will not have to wait the 8 weeks of arrears to get a direct payment

Renting a property is a business and the tenant is the customer, why shouldn’t they seek advice if they do not know their rights?

Reply to the comment left by "Julie Ford" at "06/07/2015 - 15:46":

Hi Julie - from experience, as a landlord and a lawyer, I have been told by tenants that the council have told then to STOP paying any rent - this being a breach of contract as you say. In one scenario, which shocked me, the council told the tenants in my presence i.e. telling the tenant to break the law and the terms of the AST. Three are rules on HB being paid direct as well. I insist that HB is paid to me direct.

Reply to the comment left by "Julie Ford" at "06/07/2015 - 15:46":

Are you a landlord?

Reply to the comment left by "Julie Ford" at "06/07/2015 - 15:46":

And, in addition to Peter's comments above, non-paying tenants are being advised by councils to turn up LATE at court proceedings with the sole intention of getting the case adjourned. How is that legal?

It is also worth looking to see if there is a claim against the council in tort for interfering with the contract with the tenant or for causing the landlord loss by unlawful means.

It's probably not cost-effective for an individual landlord but a test case against a Council seeking an injunction preventing the Council and named individuals in the Council from advising tenants to breach their tenancies would cause a stir. However, I can see problems getting evidence and the guilty council and guilty tenant may act in concert.

Perhaps the Daily Mail or the Telegraph could send an undercover reporter in and get filmed evidence of what the councils get up to.

Reply to the comment left by "Julie Ford" at "06/07/2015 - 15:46":

Hi Julie,

I dont think anyone has a problem with tenants seeking legal advice from local councils or organisations such as the one you are involved with, if a landlord is not abiding to the rules in the housing act or the T.A then tenants deserve protection and advice.

The problem is when tenants stop paying their rent, i was once told by a judge that "a tenant has no right to do this under any circumstances". Some do it for no other reason than they see the rent money as theirs and landlords can afford to keep them rent free.

On top of that they get advice from housing associations and organisations such as the one you are connected to, in ways to avoid being evicted without paying the due rent.

If a tenant claims housing benefit for rent and they use that money for other means than that, it is fraud of public funds, they have claimed money for something they have no intention of putting it to. Any organisation that advises a tenant to continue in this manner is complicit to this fraud and as such should be accountable for their actions.

Just out of curiosity, when a DSS tenant comes to who have stopped paying their rent, do you advises them that this is not the way forward, or even ask them where that public funded money has gone to ?

I often wonder what advice they get from CAB because the ones i have spoken to openly say CAB and housing associations have informed them to just stay put until the bailiffs are due in.

Andrew

Reply to the comment left by "Ian Narbeth" at "06/07/2015 - 19:03":

Hi Ian,

I watched the series "cant pay we will take it away", as i am sure you are aware it involved bailiffs with court orders evicting tenants, the vast majority of them had not paid rent hence why they are being evicted.

In the program the bailiffs wear cameras with sound, more or less every time the tenants being evicted are asked by the bailiffs "have you contacted the local council"?

More or less every time the tenant replies "yes and they told us to remain here until the bailiffs turn up". The local council do this knowing full well the tenant is claiming housing benefit and has not paid their rent. So basically someone who works for the council is advising someone claiming benefits, that is not being used for the reason claimed, to carry on doing it. Is this not fraud and with a public officials encouragement.

Andrew

Hi All - there could be several ways to 'stop' these tactics by councils but it needs to be done right and I would have no problem is doing so as a test case - I had it happen to me by a council several years ago and it still goes on it seems. I have had many a run-in’s with local councils and they think everything they do is right. Best one was one council who said they were exempt from the Data Protection Act and then went on to quote the section in Statute and got it wrong and then went quiet when I pointed out the correct one which proved they were not exempt and had no legal right to information they were asking for. I will not be bullied!!!!

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I caught one local authority out and challenged them face to face in a meeting for coaching and encouraging a tenant in arrears to stay on and say to me I will pay you what I can, which resulted in no more rent being paid and them only leaving when the bailiffs arrived, = £9000 loss. They were confronted with what they are and do deliberately. They paid me and extra £1000 over and above the standard deposit because I confronted them with exactly what they had done and what was said. (when would a council do that?)

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We know whats going on, I have had this happen to me on many occasions and in one case after the council has coached the tenant to stay on for 5 more months, a judge broke the law and invited my tenant (who at that point owed 7 months rent and was appealing the eviction order) she invited her to stay until after christmas, as it wouldn't be nice of me to expect her to leave so close to christmas. Guess the Judge has never had to worry about losing circa £9000 via 1 property, I have 35 to worry about!
I hope I never meet you as it would be very unpleasant for you, and I might just regret being so unpleasant, there again I might not.

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We who take responsibility for our lives, pay taxes, are kind to others, have standards, and do unto others as we expect others to do unto us are too busy contributing to our society, .............. ** Unnecessary, offensive personal abuse removed by moderator based on reports from two respected members **

Reply to the comment left by "Julie Ford" at "06/07/2015 - 15:46":

with respect Julie you would appear to be a bit naive when you say your "doubtful any adviser qualified or unqualified would tell a tenant to stop paying the rent" Welcome to the real world - and I don't mean to be too flippant on a serious matter - come in and smell the coffee ! These things are really happening out there and it is growing & growing as more rogue tenants get to learn of the tricks they can get away with. I for one would support the notion of a test case to send a message that enough is enough !