Evicting a Housing Benefit Tenant... with a Twist!

rizkyy

Hi everyone,

Hope you can help.

I have had a housing benefit tenant for a while now. She has been very good and paying on time. However, I have informed her that as I plan to get married soon, I will need the property back otherwise I will be out on the street (a bit dramatic i know). Anyway, She was fine with it and we are on great terms.

She went to her local council and they informed me they needed formal eviction procedures. So I handed a Section 21 Notice with more than 3 months notice to expire in May this year.

She passed this to the council and they acknowledged the document.

The council then stated that they would only find alternative accomodation for my tenant once they receive a court order.

I am unsure what I need to do next. Up until this point, I believe I have done everything by the book. However my concerns are:

1. Can I evict a Housing Benefit tenant on the grounds that I simply want the property back.

2. As she has paid rent on time every month, does that give no chance in the courts?

3. If the above 2 points are ok, what do I need to do next? I heard that the accelerated possession order procedure has changed! I have all the necessary documents and evidence to start this.

4. How long will take till i can get the court order!!
Hope the above makes sense.

Look forward to hearing from anyone that can shine a light!
Thanks

BigAunty

The Shelter website which provides info to housing tenants says this practice of demanding a court order for possession should not take place. Get her to contact Shelter for advice.

I understand the local council ombudsman (or similar body) has given guidance to councils explicitly telling them not to give this advice to tenants served notice if there is no realistic chance of the landlord being refused possession. Some landlords have received compensation for their legal expenses when they've challenged the local authority. I saw this discussed on the Landlordzone forum so perhaps someone there will know the specific info instead of my vague summary.

Contact your local MP to tell them about the gate-keeping practice - explain that this is one reason why landlords are reluctant to let their properties to HB claimants as they are perceived to be harder to evict than employed tenants who are least likely to seek assistance from the local council for housing.

To answer some of your specific questions, it may take up to a month to get a court case scheduled, once you've submitted the correct docs - the local court can advise you of the average waiting time. I forget the docs that you need to submit but other members will tell you.

If the S21 was correctly served, the judge has no discretion whatsoever and must award possession back to you - you don't need to justify it and the tenant cannot build a case to prevent it. But many landlords issue incorrectly filled out S21 documents, typically falling down on the issue of dates issued - lots get thrown out of court. The tenant then gets a couple of weeks (I think) before they have to leave the property, longer if they present an argument why they need extra time.

How come you haven't progressed in your eviction process since the notice expired 6 months ago?

poppy10_2

rizkyy wrote: »

1. Can I evict a Housing Benefit tenant on the grounds that I simply want the property back.

You can serve a section 8 giving two months notice to quit based on ground 1 if you used to live there and want to move back in

Ground 1 - This ground can be used where a landlord (or his spouse) has occupied the dwelling as his only or principle home at some time, and having given notice of his intention to return, now wishes to do so.

THis is a mandatory ground and if served properly the court must make the possession order.

hotpot1000

A landlord friend of mine had tenants who agreed/wanted to leave however the council said there was no point evicting them coz if council has nowhere to put them then they would have to stay where they were.

BigAunty

hotpot1000 wrote: »

A landlord friend of mine had tenants who agreed/wanted to leave however the council said there was no point evicting them coz if council has nowhere to put them then they would have to stay where they were.

Stage 3 is the bailiff's, after a valid notice to quit and possession order granted in court.

It's of no concern to a landlord about a council's housing shortage, nor the bailiff. They will turn up with a locksmith and the police to enforce the PO.

The council have a statutory obligation to assist certain priority homeless tenants. This means they must!

property.advert

It would make you think twice though about renting to a single parent with a kid on benefits and needing to make them homeless because you wanted to trade in your asset !

G_M

Two points.

You do not say what tenancy the tenant currently has, though we seem to be assuming it is a monthly periodic, in Eng/Wales, correct?

I'm also confused why, since

I handed a Section 21 Notice with more than 3 months notice to expire in May this year.

you've waited another 7 months to ask this question!

paddedjohn

Why has your tenant got to have a council house? why cant she rent private as she is doing at present? if she relies on the council to rehouse her she could end up in b&b for a while