Opinions sought - Evicting Tenants at their request

Banners24b

I'll try my best to explain this as best possible.
The property I own is rented privately, with a 2 month notice period in the tenancy agreement. I have decided to sell the property informed the tenants and originally they agreed to the 2 month notice period.  The tenants decided rather than rent privately again they want to apply for Social Housing, and were advised by the local council to request an S21 eviction notice, which will need to include 6 months notice due to the new Corona virus 2020 act. Which I issued in Jan 2021 - and will run it's course by July 2021 at which point I may have to go down the court order, warrant for possession route etc. - this I am all fully aware of, ignoring the impact all this has on the sale of the house that's a whole other story.

What concerns me is the advise the tenants have received form the local council, who have suggest by getting evicted it will give them a greater chance of Social Housing. I have read and re-searched what I can an I think the tenants would be placed into Band C - medium priority. Two adults (both earning) + young baby.
I like to think myself a friendly landlord and really have tried to explain to them once "evicted" - and this it what will happen. There really is no guarantee the Council will provide them with a house given their lowish banding. I am just astonished the Council would encourage private tenants to ask to be evicted to help their position on the housing register and the risk of having no where to live once evicted.



 

AnotherJoe

They will have "somewhere" to live, it may just be a crappy bedsit for a while.

hazyjo

Standard advice.

Also, not sure the notice will be classed as eviction. It may need court and bailiffs (massive delay). Hopefully someone can clarify.

deannagone

Its almost what happened to me.  Evicted.  Had to wait for possession order and bailiffs warrant before council would open homeless case and acknowledge need to house while investigating case.  Because of special needs was given council emergency housing for two years. 

Only had band C because that's what my council gives to homeless clients in mergency housing (would have been A or B if in crowded accommodation provided by friends I didn't have is what the council told me.  Properties, even worst of worse hardly ever awarded to Band C clients.  So your tenant may be in emergency housing for years.

Most will be placed in hostel accommodation (bedsit) or could be placed in another borough.  Council's now can place tenant in private rental accommodation and say their housing requirement is met. Depends on Council's policy.  Tenants need to clarify with council what happens with homeless clients.

AlexMac

I did exactly this, at the request of a tenant, who was given the same advice (dunno if it was on or off the record) by a helpful advisor in the Council.  Notice (in the days prior to current S21 guidance), court action and balliff order and the Council wouldn't accept that she and her kid were imminently homeless without all that.

Thought it was mad of the Council to use the Courts as part of their rationing policy, but that's the way it was.  So, as she was a great tenant, and as a single parent, very deserving of a Council property rather than my top floor place in a walk-up block with no lift, I did the necessary.   Just rang the balliffs after I got the order, and said, hold off.  

Fast forward several years and she's safe, in a relationship with the daughter now a young woman doing well ast school.  My family's life was turned round when we got a Council flat after 5-6 years of precarious living in thos transient post-war years; so I got stability, schooling , qualifications, decent job and modest prosperity...   Everyone deserves a chance; we don't all get one. 

So if that's waht they want... seems obvious...

HampshireH

It's crazy as you would always want the judge to award costs so the defendant pays the fees, saddling the tenant with court fees.

Housing do it as it continues the "it's not our problem" scenario. However your tenants don't sound like they would be high priority and would probably get put in temporary or private. Also the council have a duty to house the child.

I know of many couples through the course if my job where mum and baby have been housed but dad hasn't.

They may want to consider this.

Chandler85

If they are privately renting, both working and earning the money to afford to privately rent.  Then they shouldn't be priority went, it could be argued they are still making themselves intentionally homeless because they are choosing to do it but that part is ignored as long as you are evicted through no fault of your own. 

Sure they they became homeless on purpose to try to get cheaper rent or a better property, but that is now part of the housing game.

Banners24b

Thanks for the comments so far. they can currently afford £995 to rent privately and never missed a payment in almost 2 years. I do fear they have been spun a dream by the Council representative advising them. It seems madness to yourself in a position of homelessness just to jump up a banding on the register. 

Robbo66

Banners24b said:

I'll try my best to explain this as best possible.
The property I own is rented privately, with a 2 month notice period in the tenancy agreement. I have decided to sell the property informed the tenants and originally they agreed to the 2 month notice period.  The tenants decided rather than rent privately again they want to apply for Social Housing, and were advised by the local council to request an S21 eviction notice, which will need to include 6 months notice due to the new Corona virus 2020 act. Which I issued in Jan 2021 - and will run it's course by July 2021 at which point I may have to go down the court order, warrant for possession route etc. - this I am all fully aware of, ignoring the impact all this has on the sale of the house that's a whole other story.





 

Doesnt matter what notice period is in the contract or what the tenants agreed to the section 21 notice period has to be 6 months otherwise the notice is invalid. As a side note the notice period was due to revert back to 2 months as of the 31st March but this has again be extended to the 31st May.
You say your tenants are working, if so they will NOT get social housing. From what you have said it does sound like your tenants are spinning you a yarn.

Banners24b

@Robbo66 Thanks for that was wondering when the notice period was due to revert back. Is it confirmed for 31st May or to be reviewed?
The tenants seem to think the closer to their eviction date they get to the higher the banding list in the register they will climb and they'll just get given a nice 3 bed house, I've tried to explain this is not how it works as they can easily afford to rent elsewhere privately. But some people I guess you just can't tell. 

[Deleted User]

Banners24b said:

Thanks for the comments so far. they can currently afford £995 to rent privately and never missed a payment in almost 2 years. I do fear they have been spun a dream by the Council representative advising them. It seems madness to yourself in a position of homelessness just to jump up a banding on the register. 

If it all never worked out, they could go back into the rental market Im guessing.