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Closure Order
D_M_E
Posts: 3,008 Forumite
Anyone remember the woman who left an abusive note on an ambulance?
Apparently, she has now been evicted for antisocial behaviour and a closure order placed on the property - applied for by the council and police - for 3 months which prevents it being rented out during the 3 months.
http://www.bbc.co.uk/news/uk-england-stoke-staffordshire-43513372 gives the story.
Got me wondering if the landlord can claim from the tenant for lost income for the closure period and, since the property cannot be occupied for 3 months, would it be exempt from council tax as a result?
Apparently, she has now been evicted for antisocial behaviour and a closure order placed on the property - applied for by the council and police - for 3 months which prevents it being rented out during the 3 months.
http://www.bbc.co.uk/news/uk-england-stoke-staffordshire-43513372 gives the story.
Got me wondering if the landlord can claim from the tenant for lost income for the closure period and, since the property cannot be occupied for 3 months, would it be exempt from council tax as a result?
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Comments
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I suspect - though im not 100% - the closure order is because the LL failed to evict the anti social tenant (as obliged to) so not compensation0
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http://england.shelter.org.uk/legal/harassment_and_antisocial_behaviour/harassment_and_antisocial_behaviour/closure_orders
This suggests that the tenant is liable for rent between the order being served and the legal granting of possession. Section 8, Ground 7a is mandatory, with one month's notice for a monthly-rent tenancy.
Don't much fancy the landlord's chances of getting that, though...0 -
They have issued the maximum period that they can so the magistrates' court wanted to make a clear point in respect of the property.
I wonder what conditions they put on it - in theory they could ban anyone, including the landlord, from even accessing the property. If the order prevents occupation then a Class G council tax exemption would apply,I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
I suspect - though im not 100% - the closure order is because the LL failed to evict the anti social tenant (as obliged to) so not compensation
The legislation doesn't consider whether the landlord has taken any action or not, it simply looks at whether the property is involved in anti-social behaviour or not (it does not even have to be behaviour in the premises, it also covers cases where person from the premises cause trouble nearby).
The landlord can raise any action he has taken in mitigation when then court are looking at the length of the order. Once the tenant has gone the landlord can apply for the order to be varied, which I expect they would get if they could satisfy the court that they'd tried their best to get rid of the tenant.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
That's excellent news :T:T
It couldn't have happened to a nicer person :rotfl:0 -
Cheeky_Monkey wrote: »That's excellent news :T:T
It couldn't have happened to a nicer person :rotfl:
She seemed like such a little :A ...I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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