Evicting tenants via court and bailiffs

PersianCatLady

Flossied wrote: »

Thank you everyone for listening!

Sadly, it seems the council and all others involved (cab, StepChange etc) all side with tenants in cases like this. It’s unbelievable that they all advise tenants to sit tight and wait for bailiffs, and that then they’ll get given a council house!!

It’s an awful situation as an honest landlord

If tenants leave before the bailiffs come, they are classed as being intentionally homeless.

I believe that this should stop because it is basically forcing LLs like the OP to provide free housing while the council are temporarily avoiding their duty to house the tenants.

PersianCatLady

Smi1er wrote: »

If the tenants claim housing benefit or whatever it's called these days then councils now work with the LL to stop eviction.

With tenants like that I'd gladly pay for the HCEO's

Some people claim and receive LHA and fail to use it to pay the LL

Computer_Beginner

PersianCatLady wrote: »

If tenants leave before the bailiffs come, they are classed as being intentionally homeless.

I believe that this should stop because it is basically forcing LLs like the OP to provide free housing while the council are temporarily avoiding their duty to house the tenants.

Well if the tenants vacate a property before they need to, then technically they are making themselves homeless.

The real issue here is what is happening with the LHA?

I don't really understand why the landlord didn't apply for direct LHA payment, if they'd already built up two months arrears?

I would also have tried negotiating a lower rent.

But it sounds like the OP doesn't really want to be a landlord anymore anyway.

PersianCatLady

Many councils make it exceptionally hard for LLs to get paid the tenant's LHA directly even when tenants are more than 8 weeks in arrears.

System

Computer_Beginner wrote: »

I think if these tenants were really trying to deliberately "play the system", they would have turned up to court and offered to pay a small amount. Or at least made some kind of case to the judge.

I suspect that they may well have genuine financial problems and are "in denial" ie not really facing up to the situation.
The landlord hasn't mentioned discussing the tenants financial situation.
Maybe the tenants could offer a reduced rent?[/QUOTE]



Are you for real, chances are the OP has a mortgage on the property so should they just say to the lender sorry I want to reduce my payment because I cant afford to pay what was agreed when you lent me the money to buy.


They agreed to pay a certain amount of rent they haven't done so, time to move on, end of.

Computer_Beginner

Simonr66 wrote: »

Computer_Beginner wrote: »

I think if these tenants were really trying to deliberately "play the system", they would have turned up to court and offered to pay a small amount. Or at least made some kind of case to the judge.

I suspect that they may well have genuine financial problems and are "in denial" ie not really facing up to the situation.
The landlord hasn't mentioned discussing the tenants financial situation.
Maybe the tenants could offer a reduced rent?[/QUOTE]


Are you for real, chances are the OP has a mortgage on the property so should they just say to the lender sorry I want to reduce my payment because I cant afford to pay what was agreed when you lent me the money to buy.


They agreed to pay a certain amount of rent they haven't done so, time to move on, end of.

It's a business decision. The landlord needs to weigh up a reduced rent versus no rent, a void, court costs, bailiff costs, decorating costs, empty house insurance premium, risk of people breaking in to steal pipes from an empty house, kids breaking in and starting fires, more letting / estate agent fees, etc.

Maybe the tenants are gambling on getting a council place. Well maybe they will. But if the landlord spoke to them and offered a lower rent, that may change the risk / reward calculation in their minds. If I was the landlord I would have spoken to them, explained the risk that they may get all the hassle and costs of moving, without any guarantee of a council house. Or a council house they don't like. I'd offer to drop the rent (e.g. from £400 / month to £200 / month) for one year. Then meet again and review. Maintain goodwill on both sides. Could be in that year the tenant has more secure work.

In business you need to accept risks, manage them and negotiate.

Flossied

Thank you.

I have begged and begged the tenants to pay anything, even £50 would have been better than nothing. Sadly it is impossible to get blood out of a stone. They are under the impression that burying there heads in the sand will result in the council giving them a beautiful house eventually. Believe me I have tried so hard to get any thing I can out of them. Nothing!

I’ve been on and on and on to theyre housing officer, who is sympathitic to me but the council will only rehouse them the day bailiffs turn up and physically throw them out. I have warned all concerned that this is so impracticable!

Tenants are doing eff all to try to resolve any situation. Merely telling me they are bidding on council properties as they won’t get a private rental now....

I have asked the council to pay me direct any housing benefit, to be told no as the request has to come from the tenant. I told the council the tenants are enjoying they’re funded lifestyle to be told the council don’t care as they have fulfilled there obligation to pay benefits and it’s up to tenants how the spend it.

Out of interest I’ve akao called water and council tax to warn them tenants are being evicted and to perhaps chase up any due payments, to which water co told me they’ve not paid a single bill since moving in and had reported the house to be empty!! Council tax wouldn’t give me any info but we’re not surprised with my call and were grateful for my info, so I’m assuming that also not paid!!

I have now applied to court for the bailiffs visit which I shall await with glee. Meanwhile I am callin the housing officer daily to speed up them finding a gritty bedsit or hostel.

Pixie5740

Thanks for the update. I think it is ridiculous that the council will not agree to have the housing benefit paid directly to you. Are you able to escalate this with the council?

Do you know if it's Universal Credit the tenants are receiving?

https://www.gov.uk/government/publications/universal-credit-landlord-request-for-a-managed-payment-or-rent-arrears-deduction

Cheeky_Monkey

Flossied wrote: »

I’ve been on and on and on to theyre housing officer, who is sympathitic to me but the council will only rehouse them the day bailiffs turn up and physically throw them out. I have warned all concerned that this is so impracticable!

I have now applied to court for the bailiffs visit which I shall await with glee. Meanwhile I am callin the housing officer daily to speed up them finding a gritty bedsit or hostel.

Why on earth are you doing that?

Once the bailiffs turf them out, it's no longer your problem. Where they go is of no concern to you, or at least, it shouldn't be as they've caused you enough grief already!

Flossied

In the vague hope that me being proactive will encourage the council to rehouse them asap just to shut me up! He who shouts the loudest etc!