Need to be evicted to be homed by council?

Bettie

I was reading this
https://www.landlords.org.uk/news-campaigns/news/housing-minister-writes-councils-over-evictions-advice-following-nla-pressure?

I thought that if the tenant was not at fault then they could register as homeless as soon as the S21 was issued and the council would have to accept that and not go to court. I was hoping that would be the case as I have just issued an S21 and I really don't want to fork out for court costs.

Pixie5740

Bettie wrote: »

I was reading this
https://www.landlords.org.uk/news-campaigns/news/housing-minister-writes-councils-over-evictions-advice-following-nla-pressure?

I thought that if the tenant was not at fault then they could register as homeless as soon as the S21 was issued and the council would have to accept that and not go to court. I was hoping that would be the case as I have just issued an S21 and I really don't want to fork out for court costs.

In an ideal world that would happen but some landlords and letting agents dish S21 notices out like sweets and there is a severe shortage of social housing stock so councils gatekeep by letting things go all the way to court.

I'm sure you don't want to fork out for court costs but that's the risk you took when you chose to become a landlord. You should be able to claim back the court costs from the tenant but if they don't have the money then they don't have the money.

Bettie

Pixie5740 wrote: »

In an ideal world that would happen but some landlords and letting agents dish S21 notices out like sweets and there is a severe shortage of social housing stock so councils gatekeep by letting things go all the way to court.

I'm sure you don't want to fork out for court costs but that's the risk you took when you chose to become a landlord. You should be able to claim back the court costs from the tenant but if they don't have the money then they don't have the money.

I am aware I have no chance of getting any money out of my tenant so it would be good money after bad chasing costs however when the housing minister tells the councils they are not to tell all tenants to wait then the councils are failing in their duty. The OP should fill out the forms to say she is homeless before any court proceedings ( and get it witnessed)
PS
I never chose to be a landlord :rotfl:

xylophone

I never chose to be a landlord

It was thrust upon you?

Bettie

Yes after the deaths of my family members . It's gone on too long but I want to wrap up probate and retire in peace away from all the hassle !

xylophone

Yes after the deaths of my family members . It's gone on too long but I want to wrap up probate and retire in peace away from all the hassle !

You may find Parliamentary Briefing Paper of interest

BRIEFING PAPER
Number 06856, 9 June 2017
Applying as homeless from
an assured shorthold
tenancy (England)

[Deleted User]

My council (Gravesham) did some investigations but they only regarded me as 'homeless' once I was less than 30 days from being evicted. I did not get offered emergency accommodation until the day of eviction, after eviction. I was offered help with deposit and 1 months rent in advance but only up to LHA levels and rents in this area are £300 more as standard, so it would not have covered all of the money needed. I also had to pay court costs which was an additional drain.

It is my opinion that councils can do almost what they like as regards Housing Policy, what can a homeless person do..,. find a solicitor who accepts legal aid (not easy) has experience in housing law (harder) and find the time to take a council to court for not following government guidelines? It just doesn't happen.

Bettie

xylophone wrote: »

You may find Parliamentary Briefing Paper of interest

BRIEFING PAPER
Number 06856, 9 June 2017
Applying as homeless from
an assured shorthold
tenancy (England)

Yes thanks I have read that and taken above post from it. There's an interesting thread somewhere and someone has given good advice but it's bookmarked on my laptop and I will have to wait till I get it later to post the link.

Bettie

Bettie wrote: »

I will have to wait till I get it later to post the link.

here it is

https://www.property118.com/section-21-conflicting-government-policies/98229/
scroll down through comments to the 4th by a Robert Mellors where some good info is given

Bettie

deannatrois wrote: »

.

It is my opinion that councils can do almost what they like as regards Housing Policy, what can a homeless person do..,. find a solicitor who accepts legal aid (not easy) has experience in housing law (harder) and find the time to take a council to court for not following government guidelines? It just doesn't happen.

I hope you are by now housed somewhere. There are two sides to many of these situations and there's lots of stress for both landlord and tenant in many cases. people have suggested the landlord takes the council to court and it would be interesting to see if anyone has and the outcome. I think if council had to pay court costs they would think twice. If tenant is in arrears and not paying rent then its different but for no fault S21 the tenant has done no wrong.