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Hmaginness wrote: »
they are paying me privately and are now choosing to go to a council property, so I dont understand why they cant move on and pay another landlord?
Really? I presume it's because they are unlikely to find themselves being thrown out at short notice so the council can save some tax."If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair0 -
Hmaginness wrote: »Yes in hindsight I should have prepared for this, but in all of my years of renting I have never refused to leave when notice is served so I suppose Im surprised other people have the nerve to do this
......
they are paying me privately and are now choosing to go to a council property, so I dont understand why they cant move on and pay another landlord?
The 'nerve'?
They are exercising their right to use the full legal process.... It's not personal.:hello:0 -
The council won't even acknowledge them until they are actually homeless and only then if they are vulnerable or have very young children so I wouldn't look to the council to speed things up.LBM-November 2019 - Total Debt £28,000/now £1500 1 more payment left!!!0
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And I imagine the tenant can't afford to move again after 6 months, just because you, and I quote, 'Don't want to pay stamp duty on a second property'.Hmaginness wrote: »I cant afford to go to court just because they don't want to leave, and I quote they 'want a garden'!!0 -
New contract 1 May 2017, 6 months to 31 October 2017. You can adjust the dates as fits.
If you issue a Section 21 today then they should expect to leave on 31 October. They have said they won't, so you'll have to expect to start the proceedings once they've not left really.
If they expect/want a Council house, the Council will probably advise them to "stay put until the bailiffs turf you out, then come to our offices".
It could be early next year before you get it back.0 -
Tiddlywinks wrote: »The 'nerve'?
They are exercising their right to use the full legal process.... It's not personal.
Do you think that it's a good thing for people to do that, with all the associated costs to the court system as well as to the landlord, IF ( and I stress if) they are perfectly capable of finding another rented house in reasonable timescales?0 -
I do have first hand knowledge of this process. I wanted to sell a flat I own and my tenant wanted council accommodation so I went through the process.
Issues S21 tenant remains in the property for two months until tenancy expires.
LL issues documentation for possession to the courts
LL waits for court date, variable could be two months.
LL and tenant go to court, if paperwork is issued correctly then judge orders possession. This will be at least two weeks but as much as 6 weeks away depending on how he feels about the case.
LL waits for tenants to leave.
Tenant doesn't leave LL appoints baliff.
Baliff takes 1 - 8 weeks to attend depending on work load.
Baliff attends the flat is yours at this point the council will help with housing.
If at any time before this the tenant leaves they will be intentionally homeless and will not get council housing.
For many tenants it's not that they cannot pay the rent on private rental it is that they cannot afford the deposit and referencing and do not want to be moved on again in a couple of years. You should be sympathetic to this, you would not want someone else to decide how long you can stay in your home.
So the process takes a minimum of four to five months and could take longer. The good news is the tenant must pay rent throughout, or they will again be intentionally homeless.
That's the system!0 -
Tiddlywinks wrote: »The 'nerve'?
They are exercising their right to use the full legal process.... It's not personal.
This is the system, you can't buck the system!0 -
Understand your experience: However, had the council been fully aware that the eviction happened because she asked for it, then the tenant should (legally) have been found "intentionally homeless" and not rehoused, not anywhere...Others will advise you on the leagalities, but I had the experience of being asked by one of my tenants (who was also a friend of a family member) if I would evict her. She asked me to serve notice because although she was accepted in principle as deserving a Council House or flat as she we was then a single parent, the Coucil in my area would only rehouse "homeless" people. So she had to become homeless, which was rigidly defined!
In her case, the Housing Officers were honest with her, and explained that a notice to qauit was not enough; she actually had to have a court order and a baliffs' eviction notice!
I found it ridiculous that the Council were using the Courts to prioritise their housing waiting list but there it was. She had the right bit of paper.............
Housing Act 1996 s191 etc etc etc...
http://www.legislation.gov.uk/ukpga/1996/52/section/191191 Becoming homeless intentionally.
(1) A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.0 -
The council won't help the tenants if they make themselves intentionally homeless i.e. if they choose to move out just because you've served them notice. Remember that your notice does not end the tenancy, that can only be done by the tenant or a court.
Due to the shortage of social housing councils don't act as soon as someone is issued with a Section 21. Councils wait until bailiffs are physically removing the tenants before offering them something. If your tenants are waiting for social housing then you had better hunker down because it may take some time. You might not like it but thems the rules you chose to abide by when you chose to become a landlord. Equally your tenants might not be over-the-moon with what the council end up offering them. If they are lucky they will get a council or housing association property with a secure (well more secure than an AST anyway) tenancy but then again the council might just end up assigning them to another private rental.0
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