Help with tenant eviction, house sold subject to vacant posession

silvercar

Someone needs to make her understand that having rent arrears will mean the council will consider her to be intentionally homeless so will not rehouse her. With that information she may be prepared (with a wad of cash) to move to the buyers vacant flat. From there she could be classed as intentionally homeless. If the buyer doesn't accept any rent I doubt she would be classed as a tenant and so she could declare herself homeless to the council.

Coming from you this is going to look like a scam to get her out, so maybe direct her to this thread (or at least MSE) for advice.

blue_monkey_2

clutton wrote: »

blue monkey says "" your family can have roots and can stay there forever. Something that private tenancy does not give." - this is sooo untrue.... what ALL professional landlords want are long-long-long-term tenants who will look after the property for decades..

its only the ignorant amateur LLS who dont know that this is the best business and people model

Thing is though clutton, the tenant does not know this as the leases tend to be 6 or 12 months. How does any tenant know that after 12 months they might be having to leave.

blue_monkey_2

sunjeev wrote: »

Thanks to all for your prompt help....why can't I also move in?! She has not paid rent since the section 21 expired.

Ah, I see, the tenant obviously paid her rent before this. He would not be able to state on the possession order that it is for rent arrears would he as he should then have served a different notice - and if it is not the correct notice he would have to serve another one.

I am also wondering if the landlord has been harrassing the tenant and trying to make her move. This in itself would make me stay put until the bitter end and stop paying my rent!!

pinkshoes

clutton wrote: »

let your solicitor follow through with the eviction and be very prepared to lose this sale..... you CANNOT get this tenant out other than through the court process - this will take you till probably Easter......

is she in arrears ? - if she is and your solicitor uses Section 8 as one fround for the Possession Order application - AND if she does not pay the rent on the day of the court hearing, then the council will NOT rehouse her - as they will classify her as having madeherself voluntarily homeless

I would take this advice.

And in the process of issuing an S8, I would also write to the tenant stating (deliver by hand or recorded delivery) that she currently owes <£XXXX> in rent, and if she doesn't pay this amount by <date in 7 days>, along with vacating the property by this date, then you will be issuing an S8 immediately, and notify the council that she has not paid her rent. I would also go on to say that the council will view this as having made herself intentionally homeless, thus will not put her in council accommodation.

sunjeev

blue_monkey wrote: »

Ah, I see, the tenant obviously paid her rent before this. He would not be able to state on the possession order that it is for rent arrears would he as he should then have served a different notice - and if it is not the correct notice he would have to serve another one.

I am also wondering if the landlord has been harrassing the tenant and trying to make her move. This in itself would make me stay put until the bitter end and stop paying my rent!!

I have not been harassing the tenant, i have offered help and assistance above and beyond my legal requirements. Furthermore I wonder if I would be breaking the law if i put a local advert in the property paper warning local landlords of this tenant.

Colincbayley

PS And why are the council being so difficult about not rehousing people until they've been forcibly evicted?? Well, various governments over the years have kept making the rules of "are you homeless and do you qualify for help" harder & harder & harder.. Now, why would they do that?? Well, would it be so they could keep council spending down & claim that there are fewer-and-fewer homeless people about?? Sigh....[/QUOTE]

Local government guidelines state that they should not wait to re-house tenants into a council property where the LL has a reasonable chance of obtaining a PO. ( Trying that in practice is of course a different matter )

Homeless legislation states that local authorities have a duty to house certain categories of people. Local authorities are provided with guidance about coming to a decision of eligibility for re-housing homeless people. In particular, they should have regard to section 9.29 of the Code of Guidance on Parts VI and VII of the Housing Act 1996, which states: "A local authority should not require tenants to fight a possession action where the landlord has a certain prospect of success, such as an action for recovery of property which is let on an assured shorthold tenancy where the fixed term of the tenancy has ended." If, as it appears to be in this case, the local authority disregards this guidance, the landlord can refer the matter to the Local Government Ombudsman, claiming the landlord's costs of having to pursue a possession action.

clutton_2

""can i move into the house with her to pi** her off""

""can ...i put a local advert in the property paper warning local landlords of this tenant.""

having re-read this thread - i now realise that a thoroughly nasty piece of work OP is - you should be ashamed of yourself posting things like this - you give our profession a bad name and you should get out of the business immediately since you clearly have no respect for other people

most folks on this forum work within the law - you clearly dont want to

how dare you suggest "moving in to p*ss her off" - that is monstrous - this says FAR more about than about your tenant

tbs624

sunjeev wrote: »

I have not been harassing the tenant, i have offered help and assistance above and beyond my legal requirements. Furthermore I wonder if I would be breaking the law if i put a local advert in the property paper warning local landlords of this tenant.

:rolleyes::rolleyes: I'm beginning to really wonder if you understand how to behave as a LL......................

blue_monkey_2

Can I also add that the tenant will probably have paid 2 months deposit. If the landlord has indicated that she will not get it back if she does not go then this might be why she has not paid her rent.

I have to say, I am very suspicious of what the landlord has done or threatened her with if he is asking here if he can move in with her, move her things to a different house and force her out - clearly he does not know of his tenants rights, nor how to evict her, and he has a solicitor who has served the S21. Something does not sound right. Who is to know what he has done or said to this tenant in question so far.

Colincbayley

sunjeev wrote: »

Furthermore I wonder if I would be breaking the law if i put a local advert in the property paper warning local landlords of this tenant.

Yes you would. It is called harassment, and you can spend Xmas in prison for it.