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What Happens If You Leave A Property Ahead Of The Bailiffs

[Deleted User]
[Deleted User] Posts: 7,323 Forumite
Part of the Furniture 1,000 Posts Name Dropper
edited 28 January 2015 at 12:19PM in House buying, renting & selling
For those LL's who complain about tenants 'forcing' them to get Bailiffs in to remove tenants who can't find another place to live after issuing a S21 (seen it on here a few times) read this

http://www.dailymail.co.uk/news/article-2928307/Afghan-War-hero-left-Army-cancer-REJECTED-council-house-faces-eviction-family-temporary-housing.html

That's why this sometimes happens. Because if you don't, the council will find you voluntarily homeless.

Although the letter supposedly from the Household Calvary Association wasn't as helpful as it could have been.., could have been written a bit more professionally lol.
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Comments

  • eddddy
    eddddy Posts: 18,213 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    For those LL's who complain about tenants 'forcing' them to get Bailiffs in to remove tenants who can't find another place to live after issuing a S21
    ...

    I think you'll find that most LLs are fully aware of this. It highlights the stupidity of the system.

    It's one of the very many factors you need to consider before setting up business as a LL.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    We know why this happens.

    Because councils are cynical and try to safe money by delaying having to re-house while vulnerable tenants get landed with a legal bill for hundreds of pounds.

    Landlords know this.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Councils cannot house everyone who wants a council house. Since much council housing has been sold off, and council's are strapped for cash, they can't even cope with the desperate. They have to spread their resources as best they can.

    'Intentionally homeless' is one way in which they allocate (or rather 'de-allocate').

    Defining 'intentionally homeless' could be done in various ays, but as councils increasingly struggle to manage their budgets, they naturally tighten the definintion.

    In a perfect system, we'd all pay sufficient taxes (without impacting too much on our own incomes) to provide housing, socil care, refuse collection, etc etc etc to everyone who needs it. Sadly........
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    G_M wrote: »
    Defining 'intentionally homeless' could be done in various ays, but as councils increasingly struggle to manage their budgets, they naturally tighten the definintion.

    Please...

    Even if we consider that a s.21 notice is not enough since it often does not mean anything, once the case reaches court there is no longer doubt, and when a possession order is made then the tenant will have to comply.

    Advising to stay put until bailiffs actually knock on the door is a cynical bad practice plain and simple.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    edited 28 January 2015 at 12:40PM
    The whole system needs an overhaul. Since a Section 21 doesn't actually end a tenancy the tenants don't need to leave so the tenants aren't homeless and the council doesn't have to try and house them using its insufficient pool of social housing. That said, the eviction notice should be enough. Bailiffs is going a bit far.

    This forces landlords and tenants into court, clogging up the court system meaning it takes landlords longer to get rid of scrat tenants who don't pay rent or some other offence, you know the ones that make themselves intentionally homeless and ruin things for the rest of us.

    I don't know what the answer is. Lots of Section 21 notices are issued and not acted upon, the councils can't house everyone who is ever issued on because there simply aren't enough council homes to go round.

    It's a shame that social housing was sold off for votes. It wouldn't have been so bad if the money raised went into building more social housing but it wasn't. I wonder where it did go...
  • Gordon_Hose
    Gordon_Hose Posts: 6,259 Forumite
    Debt-free and Proud!
    As an ex-Member of the Household Cavalry I saw the help that was offered when this story hit the papers. It was astounding to see members, both serving and ex, rally around to get Jamie the help he needed.

    Very humbling.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    jjlandlord wrote: »
    Please...

    Even if we consider that a s.21 notice is not enough since it often does not mean anything, once the case reaches court there is no longer doubt, and when a possession order is made then the tenant will have to comply.

    Advising to stay put until bailiffs actually knock on the door is a cynical bad practice plain and simple.
    I'm not justifying. I'm explaining.

    This IS what some councils do, and this is WHY they do it.
  • fishpond
    fishpond Posts: 1,022 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Is Cornwall exempt from the Localism act then, as I was under the impression that they should act on the tenant presenting them with a valid S21, not wait until the eviction process is instigated, as that would now be illegal.
    I am a LandLord,(under review) so there!:p
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They randomly decided to relocate to Cornwall, possibly because "it's lovely down there".

    Cornwall's got a huge list of locals as well as incomers on their list.

    They expected to be able to get social housing, or to be able to jump the queue. It didn't happen.

    They are in council temporary housing, meaning they don't have a lifetime council tenancy. There's nothing to stop them trying to help themselves by getting a private rental, although that's not what they want. Well, guess what, it's not what most people want.

    You can't randomly turn up in "nice places" willy nilly and expect there to be a Council house waiting.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    I think all councils are supposed to act up a valid Section 21 but there's just not enough beds available so the "gatehold" until either an eviction notice or bailiffs come and turf the tenants out...then the council will act.
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