Section 42 uplift (HCEO) evictions, I want to start a campaign. Who's in?

mrginge

Perhaps the OP's time would be better spent on campaigning for greater provision of social housing instead of looking to penalise landlords who have done everything by the book?

thesaint

If anyone has an opposing campaign, I will join them.

I find it distasteful that tenant whom have have known for several months that their landlord wants the property back should thwart a landlords strictly-by-the-book methods in getting his property back.

I would be interested if the OP advocates his method for tenants who have rent arrears.

silvercar

thesaint wrote: »

If anyone has an opposing campaign, I will join them.

I find it distasteful that tenant whom have have known for several months that their landlord wants the property back should thwart a landlords strictly-by-the-book methods in getting his property back.

I would be interested if the OP advocates his method for tenants who have rent arrears.

The difference is between tenants who can't or won't act for themselves. If the tenant was responsible for finding their next home by themselves they would be onto it the minute the first S21 notice arrived. If the tenant is relying on the council to rehouse them then they notify the council (who tells them to do nothing) and sits back and waits.

The problem then is that the council has such a shortage of properties that they prioritise those evicted that day or week and doesn't have the resources to deal with anyone else.

These evictions are from private rentals, so the tenants are either hoping to improve their situation and get a secure council/HA tenancy or they feel that they are not in a position to secure another private rental.
The encouragement to play the system from tenants is the golden ticket of secure accommodation at the end of it. Get made homeless, put up with temporary accommodation and secure a council house. If this was changed then more people would make more effort to find themselves a private rental. After all they found their last home themselves, so either their situation has changed or they want to play the system to get the long term housing.
The councils problem is that they have a shortage of accommodation and people homeless. Put the 2 together and you get a situation where some people are prepared to put themselves through the homelessness/ hostel living, temporary accommodation situation to secure a better/ safer/ more long term home at the end.

I appreciate that for some people, their chances of finding a private rent are very limited and council housing is a life line, but for others there is no incentive to sort your own future home.

ripplyuk

I don't think the issue is landlords getting bailiffs in. It's that the tenant doesn't know the day this will happen.

I think most people want to leave as soon as the landlord gives them notice. The problem is if they can't find any affordable properties and have to ask the council to help, who will often make them wait until bailiffs arrive. If they knew the date this would happen, it'd be a lot less stressful as they could pack properly, talk to their children about it etc.

thesaint

silvercar wrote: »

The difference is between tenants who can't or won't act for themselves. If the tenant was responsible for finding their next home by themselves they would be onto it the minute the first S21 notice arrived. If the tenant is relying on the council to rehouse them then they notify the council (who tells them to do nothing) and sits back and waits.

The problem then is that the council has such a shortage of properties that they prioritise those evicted that day or week and doesn't have the resources to deal with anyone else.

These evictions are from private rentals, so the tenants are either hoping to improve their situation and get a secure council/HA tenancy or they feel that they are not in a position to secure another private rental.
The encouragement to play the system from tenants is the golden ticket of secure accommodation at the end of it. Get made homeless, put up with temporary accommodation and secure a council house. If this was changed then more people would make more effort to find themselves a private rental. After all they found their last home themselves, so either their situation has changed or they want to play the system to get the long term housing.
The councils problem is that they have a shortage of accommodation and people homeless. Put the 2 together and you get a situation where some people are prepared to put themselves through the homelessness/ hostel living, temporary accommodation situation to secure a better/ safer/ more long term home at the end.

I appreciate that for some people, their chances of finding a private rent are very limited and council housing is a life line, but for others there is no incentive to sort your own future home.

So, how will stopping landlords using an HCEO help with what you have outlined? :think:

speedfreek1000

ripplyuk wrote: »

I don't think the issue is landlords getting bailiffs in. It's that the tenant doesn't know the day this will happen.

I think most people want to leave as soon as the landlord gives them notice. The problem is if they can't find any affordable properties and have to ask the council to help, who will often make them wait until bailiffs arrive. If they knew the date this would happen, it'd be a lot less stressful as they could pack properly, talk to their children about it etc.

This basically!

If it was for tenant damage or rent areas something else nefarious the tenant has wilfully done then fair enough!

It's a short sharp you caused this now out. You could say it was in this spirit that the fast track HCEO route was created.

BUT NOW.... it's being routinely used v's tenants who have never been areas and always paid their rent on time etc. Not because there's a danger/loss to the Lanbdlord but for speed.

It's not the tenants fault only a Court order can end their tenancy, nor is it their fault that since changes to certain benefits and the Courts themselves that there is now a massive back log and waiting period for traditional Court evictions.

All that is needed is for an amendment to be made that either;

1, ends the HCEO route for landlords where a no fault section 21 notice has been served

or

2, provides a paid for fast track HCEO option but has to include the notices of enforcement sent with a fixed eviction date under the traditional Court eviction process when a no fault section 21 notice has been served.

FBaby

1, ends the HCEO route for landlords where a no fault section 21 notice has been served

But that is assuming that the landlord only has selfish reasons for wanting the property back asap. Their reasons might be the same than the tenants, ie. they are being evicted and need to find somewhere to stay.

speedfreek1000

FBaby wrote: »

But that is assuming that the landlord only has selfish reasons for wanting the property back asap. Their reasons might be the same than the tenants, ie. they are being evicted and need to find somewhere to stay.

Are you being intentionally morose?

Ground 1 Section 8 notice does not seam to be part of the section 21 notice thing I suggested but still.......

forgotmyname

When i watched the show the other night i did think it was a bit naughty of the landlord getting the high court enforcement involved when the tennants aready had an eviction date from a court.

Must be a bit upsetting to be fully upto date with the rent and the landlord wanting you out. But then having what you think is a fixed date to vacate the property and then the high court team knock on the door and say you have 1 hour to vacate.

Kynthia

forgotmyname wrote: »

When i watched the show the other night i did think it was a bit naughty of the landlord getting the high court enforcement involved when the tennants aready had an eviction date from a court.

Must be a bit upsetting to be fully upto date with the rent and the landlord wanting you out. But then having what you think is a fixed date to vacate the property and then the high court team knock on the door and say you have 1 hour to vacate.

I haven't seen the programme but did this all happen after the court awarded possession and the 14 days notice had expired? I do feel for those who are paid up with rent and are being forced to wait by the council. However other tenants should have moved out by the date given by the court and not wait for bailiffs.