Problems with tenants

BigAunty

Amara wrote: »

They said they wanted to move out , as I charge them too much and they can rent something bigger for that and council will rehouse them, as flat is overcrowded (one bed, couple with 10 years old son). .

In England (different in Scotland), there is no obligation for a local council to offer social housing even to the homeless in priority need (those with dependents/disabilities). They can discharge their statutory duties to house the homeless by offering settled accommodation, and this includes a 1 year tenancy in the private sector. The council can offer social housing but if it's an area with low supply and high demand, they might not get a council flat. Where is the property?

Secondly, and they probably know this, they can't present themselves as homeless to the council if they decide they want to leave so have they asked you to serve them notice? A household who leaves a property when there is no requirement for them to do so will not be accepted as homeless by the council's process as they will have deemed themselves to be 'intentionally homeless'. Those in private tenancies seeking social housing know that the landlord must serve notice for them to be taken seriously by the council.

See the Shelter website to understand the assessment process undertaken by the council social housing for the homeless.

Obviously, if they are in an area with a high supply of social housing, and can get one on a general application rather than as a high priority case, no problem, or if the council tends to give all its homeless applicants a property because of high stock, fine.

Amara

BigAunty, they didn't exactly tell me : give us a notice. I'm sure they know council won't treat them as homeless. Property in England, county Durham.
If they want to apply for a council house, fine.

BigAunty

Amara wrote: »

BigAunty, they didn't exactly tell me : give us a notice. I'm sure they know council won't treat them as homeless. Property in England, county Durham.
If they want to apply for a council house, fine.

If they aren't happy where they are and they know the council will not help them if they leave of their own volition, then you could wind them up by demanding that as they are the ones that want to leave, they should give you their notice in writing and refuse to serve them an S21.

However, by the sounds of it, you are just sick of them and want proper tenants instead so I can understand the lure in being sensible and serving them notice, even though it gets them closer to their dream of getting a council property when they have reneged on their agreement to decorate.

Amara

I'll let them stay for now, if they want to leave, their choice, they need to give me a notice.
Thanks for your replies.