markhallgate Posted September 1, 2006 Report Share Posted September 1, 2006 Hello, i gave a tenant all the corect notice for them to be out of the property by today. Gone to property this morning and the tenants are still there . They have said that the council told them to stay put untill i take them to court. I think i will still get rent from them (but not sure untill tomorow morning ) What can i/should i do? TIA Mark. Link to comment Share on other sites More sharing options...
mad_maz Posted September 1, 2006 Report Share Posted September 1, 2006 Hi This is a similar question to one raised by myself a few days ago on this forum, titled 'Eviction Procedure' and the responses I received may be useful to you too if you would like to refer to the postings. Link to comment Share on other sites More sharing options...
Trenners Posted September 2, 2006 Report Share Posted September 2, 2006 Mark, The advice that the tenants have received from the council is correct. You cannot evict a tenant unless a court grants a repossession order. I assume that the council have given them the above advice because they will be homeless if they leave your property - hence the reason why they are willing to carry on paying the rent. I would also assume that the council are helping them find alternative accommodation which means that they will leave your property once somewhere else has been found. If all the above is true - it will probably transpire that they will leave your property willingly before the court order is heard / awarded and move into alternative accommodation provided by the council. To be on the safe side though - you should commence proceedings. Mark Link to comment Share on other sites More sharing options...
markhallgate Posted September 2, 2006 Author Report Share Posted September 2, 2006 thanks for the advice, is it just a N5B that i need to serve? i have already served the proper section21 the first time. I have made an a poitment with the solicitor next week just to make sure i fill in the forms correctly. many thanks, mark. Link to comment Share on other sites More sharing options...
Trenners Posted September 2, 2006 Report Share Posted September 2, 2006 Hi Mark, As long as the Section 21 has been completed and served correctly then an N5B form (together with the appropriate notices etc) should enable you to embark on the "accelerated possession" process - which means that you should get awarded re-possession without having to wait for a court hearing. It will still take you a few weeks to get your place back though ! Mark Link to comment Share on other sites More sharing options...
GPEL Posted September 3, 2006 Report Share Posted September 3, 2006 Sadly, and wrongly IMHO, the council are unwilling to re-house private residential tenants unless involuntarily homeless. Therefore, if your tenants leave your house of their own free will they would be classed as voluntarily homeless and not re-housed by the council. Consequently, councils advise tenants in this situation to take action to get themselves evicted. Once this is initiated, councils then class them as becoming involuntarily homeless. However, the council take no interest whatsoever in the financial consequence this may have to the property owner. Link to comment Share on other sites More sharing options...
Trenners Posted September 3, 2006 Report Share Posted September 3, 2006 Hi Mark, I disagree with GPELs comments. I have a huge amount of experience of letting to homeless people and working with the homelessness officers at various district councils to encourage private landlords to let property, through my business, to homeless people. The fact that you served a Section 21 notice on the tenants - requesting possession - means that you, the landlord, were responsible for them being made homeless. ie: They did not choose to leave your property - YOU asked them to leave. As long as the tenants have "priority need" - children, pregnant, ill health, domestic violence - and have been made homeless through no fault of their own - then the local authority homeless department will help to find them alternative accomodation. The big problem is that Councils no longer have a stock of council houses and private landlords - like us - are not keen to provide shelter to DSS / Homeless tenants. This means that the majority of homeless tenants get housed in B&Bs. The Council are advising the tenants to "stay put" because it gives them time to find a sympathetic landlord and also saves on the B&B costs. If any landlords - in North Wiltshire - have property available to let and they would consider offering it to a homeless person with priority need - please contact me. Mark Link to comment Share on other sites More sharing options...
GPEL Posted September 3, 2006 Report Share Posted September 3, 2006 Not sure what there is to disagree with as reply is factually based. No problem letting to DSS, but big problem with guidance council staff give to private-residence tenants wanting to be re-homed in council property. Of course councils court private landlords to house DSS claimants, it eases their caseload, but councils are less considerate of the landlord when private tenants want to move to council property. Markhallgate's tenants were probably told to stay put in order to meet local council directives for re-homing, without consideration of subsequent impact on the landlord. Link to comment Share on other sites More sharing options...
fleming Posted September 7, 2006 Report Share Posted September 7, 2006 I think Trenners must have a very sympathetic council. Our experience has certainly been that the council would not rehouse our tenant until notice was served, taken to court ('accelerated' procedure) and then a bailiff arranged. So I would agree that their rehousing policy is at the landlord's expense and only delays the inevitable outcome. Link to comment Share on other sites More sharing options...
Melboy Posted September 9, 2006 Report Share Posted September 9, 2006 I live fairly close to Trenners and also come under North Wiltshire. The Council Housing stock is virtually nil due to sell-offs and the present Government's Immigration policy on housing Asylum Seekers as a priority over local applicants. This Forum, if you read back, has plenty of examples of Landlords experiences when dealing with DSS Tenants and Local Councils. Now, I would love to let my property to a DSS Tenant but unfortunately Local Councils do give enough guarantees to the Landlords regarding payment of rent or dealing with troublesome Tenants. When the Councils and the Government decide that more must be done to protect the Landlord against bad Tenants.... like ensuring payment of rent and a speedy eviction process will be the day that I rent to DSS Applicants. May sound harsh but I am not a registered charity and neither is the the Local Council as many people find out when they don't pay their Council Tax! Link to comment Share on other sites More sharing options...
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