fit4life Posted January 31, 2012 Report Share Posted January 31, 2012 is it ok if i refuse to give a tenant that has rent arrears, a section 21 for her use to obtain a new property via council.? Link to comment Share on other sites More sharing options...
Carryon Regardless Posted January 31, 2012 Report Share Posted January 31, 2012 Sell it to her. That is if she wants it let her pay, otherwise it's your choice. Link to comment Share on other sites More sharing options...
Grampa Posted January 31, 2012 Report Share Posted January 31, 2012 Why would you want to? Surely if they have rent arrears you would want to serve a s21 Link to comment Share on other sites More sharing options...
julles Posted February 1, 2012 Report Share Posted February 1, 2012 Its not the section 21 that will get them a council property ...it is the possession notice that will follow a very long wait after you have served the s21...and probably all that time still receiving no rent . Plus if they are "just not paying their rent " and there is no reason ...i.e tenant lost job then the council may not rehouse them as they have made themselves homeless... Link to comment Share on other sites More sharing options...
Carryon Regardless Posted February 1, 2012 Report Share Posted February 1, 2012 I'm aware of the trend for Council Housing to wait until close to repossession before granting 'emrgency' accommodation, but I'm not sure this is national policy or local, so may vary ? I have been set up by what looked like a respectable situation and the T was aiming to just get cheaper Council accom and manipulated for my assistance ie to repossess. I wouldn't help but went the G'tor route for recovery instead. Eventually she went and I got all dosh, how it worked out for her I don't give a stuff. She did threaten a claim for what she considered to be overpayment by HB, I've still got it. What these gits don't realise is that the accom offered is likely to be crappy or even a hostel so they still don't wish to leave. They don't respect the impact on us, but most of us know that already. WE are after all a tenant charity. I play a negotiation game to attempt to minimise my losses, further outlay, and effort. Much is a judgement call after further investigation. If she wishes for letters, notices.... tell her there are professional cost to consider. Link to comment Share on other sites More sharing options...
LLAW96 Posted February 1, 2012 Report Share Posted February 1, 2012 I hope that I can clarify the position here. Provided that the s.21 is valid and the landlord intends to seek an order for possession and there is no defence to the claim for possession, then it is no longer reasonable for the tenant to continue to occupy the property beyond the date given in the s.21 notice (see para 8.32 Code of Guidance for Local Authorities). The tenant in effect is homeless notwithstanding the fact that they have a roof over their head. Should a landlord then have to issue a claim for possession and on a local authority failing to act then it is proper for a landlord to seek costs from the local authority. This somewhat conflicts with the duty to re-house which in effect states that a local authority can wait to the day of the eviction before providing accommodation. In this particular case there is a problem in that even if you did serve a s.21 notice and your tenant did make a homeless application, the local authority would contact you to find out why you were evicting. As soon as you said it was for arrears of rent the local authority would proceed to issue an intentional homeless decision and as such refuse to re-house your tenant anyway. Link to comment Share on other sites More sharing options...
julles Posted February 1, 2012 Report Share Posted February 1, 2012 (sorry fit4life for hijacking your post ) Law you say "Should a landlord then have to issue a claim for possession and on a local authority failing to act then it is proper for a landlord to seek costs from the local authority. " My tenant is still in the property after s21 issued , date to leave past , accelerated possession order issued , no defence offered to court by tenant and have now requested possesion date . Are you saying I can apply to council for my costs(don't suppose that includes arrears) as the council have not rehoused them? thanks. Link to comment Share on other sites More sharing options...
LLAW96 Posted February 1, 2012 Report Share Posted February 1, 2012 If they took no action to rehouse (assuming it is a case where they have a duty to assist) and you had to issue a claim then they should pay the costs of you issuing the claim. Link to comment Share on other sites More sharing options...
julles Posted February 1, 2012 Report Share Posted February 1, 2012 and just to pick your brains a little further .. So do the council not have a duty to assist because my tenants have not paid their rent (even though 1 tenant in employment) so effectively made themselve homeless... Link to comment Share on other sites More sharing options...
Grampa Posted February 1, 2012 Report Share Posted February 1, 2012 http://www.communities.gov.uk/documents/housing/pdf/152056.pdf Link to comment Share on other sites More sharing options...
fit4life Posted February 13, 2012 Author Report Share Posted February 13, 2012 Thanks to every 1 for your responses. I will not be beaten by these jokers anymore. I went to the CAB and pretended to be a tenant with two thousand pounds arrears and 4 kids with 1 on the way, plus a 'wicked landlord' who doesn't repair the house.... I was shocked at the advice i was given ... ''STAY PUT your landlord is powerless and you dont even have to pay him since he intends to kick you out anyway. offer him a fiver as no judge will dear award him more than that since you are on benefits. Think of ALL possible expences to include on budget sheet and offer as little as possible.... I was speechless... if this is the advice she is getting no wonder she is so cock sure of herself. But with the daming inspection report given I have decided she will either put up or push out. Her refusal to pay has now left me with no money to repair the house and no money to persue an eviction, based on the estate agent she house is being recked.. i thinks this is in the hope that the inspectors will deem it unsuitable for habitation and hence result in her being re-housed... Whatever the case lets see who will win... she better pray to the god of boiler than in this winter it doesn't breakdown... selah.. Link to comment Share on other sites More sharing options...
julles Posted February 13, 2012 Report Share Posted February 13, 2012 Unfortunately if the boiler breaks down you are still responsible to have it repaired, whether she has paid you rent or not . Why don't you just issue the s21 , a judge cannot deny possession on this , they can only delay it . Honestly your energy will be better spent getting tenant out , Link to comment Share on other sites More sharing options...
Richlist Posted April 25, 2014 Report Share Posted April 25, 2014 I followed this thread from start to finish. Any rational person would conclude from its content that for normal / inexperienced landlords its not advisable to accept benefits tenants. ANY tenant, benefit or otherwise should not be taken on unless accompanied by a home owning guarantor or rent guarantee insurance. Surely taking on a benefits tenant without mitigating the increased risk is like driving your car without insurance ? In my view taking on tenants on benefits are for 'slum landlords' who know how to play the system.....many of these landlords are experienced, know all the tricks and are prepared to put up with the potential hassle and aggravation. Link to comment Share on other sites More sharing options...
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