Tenants Rights - Stay of Eviction

[super7]

Isn't part of the problem that nobody will help the Tennant if they make themselves homeless....?

The Council's advise is to wait in the property that your not paying for, because they won't help you if you voluntarily leave making yourself homeless. So at that point it's the landlord paying for their 'temporary accomodation', not the local authority.

[TonyRPH]

I think that about sums it up. ^^^^^^^^^^^^^^^^

[Du1point8]

super7 said:

Isn't part of the problem that nobody will help the Tennant if they make themselves homeless....?

The Council's advise is to wait in the property that your not paying for, because they won't help you if you voluntarily leave making yourself homeless. So at that point it's the landlord paying for their 'temporary accomodation', not the local authority.

The issue with it is, the council wipes their hands clean by stating the LandLord should have insurance to cover if a tenant doesn't pay and as such its the LL's fault for not covering themselves.

[Gary C]

It does seem to be heavily weighted in favor of the Tenants, such that it must have a result that it effects who is willing to be a Landlord.

Our eldest had a similar problem, fortunately it managed to resolve itself, but very stressful at the time.

Remember they went to Citizens advice who proudly claim "We provide free, independent, confidential and impartial advice to everyone on their rights and responsibilities. " but they refused to give any advice that "would lead to someone being made homeless"

[wisbech]

Surely the point is that it is a investment, there is a credit risk that people will or cannot pay, and eviction time lines are reasonably well understood? You could leave the place empty and just rely on capital appreciation. Or sell a lease/ ask for all the rent up front in return for a lower rate

Lower reward/ risk investments are available.

Edited by wisbech on Tuesday 22 January 10:50

[NGee]

wisbech said:

Surely the point is that it is a investment, there is a credit risk that people will or cannot pay, and eviction time lines are reasonably well understood? You could leave the place empty and just rely on capital appreciation. Or sell a lease/ ask for all the rent up front in return for a lower rate

Lower reward/ risk investments are available.

Edited by wisbech on Tuesday 22 January 10:50

According to an earlier post there are 5 million properties in the Private Rental Sector (I don't know if that figure is true but have no reason to doubt it). It is a good job that all LLs don't apply your bizzare risk-adverse logic or then there would be 5 million empty homes and another 5 million more people sleeping on the streets!

Capital appreciation only occurs because there is a shortage of houses, with 5 million empty houses the prices would plummet.

I think you need to re-think your rather stupid observations and start understanding real life.

[mikeveal]

selmahoose said:

mikeveal said:

Crap tenant tale

Mike, for research purposes, who allowed this nuisance to infest your property? You yourself, or a third party letting agent?

Third party agent. If you're based between Hampshire and Devon, I urge you to avoid any agent with the county name in their business name. Nice as pie, but utterly incompetent.
Lesson learnt.

[Sir Bagalot]

Cimaguy said:

My tenants have not paid rent for 6 months. They were claiming housing benefit fraudulently and I informed the council of such. The council are now likely to claim back approx £3.5k from me in payments.

Once a tenant reaches 2 months in arrears issue S8 & S21.

Whilst the Council will tell you that you have to repay any benefit fraudulently paid (going by my investigations and experience a few years back) this simply isn't the case. You are only liable to repay any benefit paid to you after you became aware it was fraudulent.

[selmahoose]

mikeveal said:

selmahoose said:

mikeveal said:

Crap tenant tale

Mike, for research purposes, who allowed this nuisance to infest your property? You yourself, or a third party letting agent?

Third party agent. If you're based between Hampshire and Devon, I urge you to avoid any agent with the county name in their business name. Nice as pie, but utterly incompetent.
Lesson learnt.

That's a disgrace. If it's a full management deal you have (or had) with them, don't they take any responsibility for any of the matter and/or its resolution?

In Scotland now it's a criminal offence to offer letting agency services without being on the govt's Letting Agent Register. In order to be allowed registration an agency has to be 'accredited'. Accreditation involves formal certification of qualification gained by attending
training and passing examinations. It doesn't mean an end to tenants from hell, but it does mean that there are no agencies who don't have personnel who know what they're doing. Being "nice as pie" isn't counted towards accreditation qualification. That's called 'all fur coat and no knickers'.

[wisbech]

NGee said:

wisbech said:

Surely the point is that it is a investment, there is a credit risk that people will or cannot pay, and eviction time lines are reasonably well understood? You could leave the place empty and just rely on capital appreciation. Or sell a lease/ ask for all the rent up front in return for a lower rate

Lower reward/ risk investments are available.

Edited by wisbech on Tuesday 22 January 10:50

According to an earlier post there are 5 million properties in the Private Rental Sector (I don't know if that figure is true but have no reason to doubt it). It is a good job that all LLs don't apply your bizzare risk-adverse logic or then there would be 5 million empty homes and another 5 million more people sleeping on the streets!

Capital appreciation only occurs because there is a shortage of houses, with 5 million empty houses the prices would plummet.

I think you need to re-think your rather stupid observations and start understanding real life.

whoosh parrot...

[NDA]

super7 said:

Isn't part of the problem that nobody will help the Tennant if they make themselves homeless....?

The Council's advise is to wait in the property that your not paying for, because they won't help you if you voluntarily leave making yourself homeless. So at that point it's the landlord paying for their 'temporary accommodation', not the local authority.

This is what my dinner companion told me - you've summed it up better than I did in my earlier post.

For those caught out by this, it's an utter nightmare.

[Pro Bono]

Cimaguy said:

My tenants have not paid rent for 6 months. They were claiming housing benefit fraudulently and I informed the council of such. The council are now likely to claim back approx £3.5k from me in payments.

Some good news, I have now the 'Notice of Appointment (with bailiffs)' from the courts. I sent the confirmation slip to the courts to accept the date suggested. They respond by saying the tenant could apply for a 'Stay of Execution' which will delay the eviction and there is apparently nothing I can do to stop it.

(I do feel it is a nightmare being a landlord at times. I am in approx. £7k of arrears and have spent approx £1k in legals/court costs)

Does anyone have advice on what to do with respect the risk of the 'Stay of Execution'?

Thanks.

it's probably too late for you, but for any other landlord reading this thread the best solution, once you have the possession order, is to transfer it to the High Court so that the order can be enforced by a High Court Enforcement Officer.

These are the guys who feature on the TV programmes, and many of them are just licensed thugs. Very unpleasant if you're on the receiving end, but very effective if you're the landlord.

I've used this firm on several occasions and can recommend them, but there are plenty of others - https://thesheriffsoffice.com/services/high-court-...

[selmahoose]

super7 said:

Isn't part of the problem that nobody will help the tenant if they make themselves homeless....?

The Council's advice is to wait in the property that you're not paying for, because they won't help you if you voluntarily leave making yourself homeless. So at that point it's the landlord paying for their 'temporary accommodation', not the local authority.

Sort of. If the tenant trots along to the Housing Dept with an official letter/legal paperwork intimating eviction process has commenced that's sufficient. They don't have to be actually out and on the street with their tearful kids and black bags of possessions before they get assistance.

Edited by selmahoose on Tuesday 22 January 16:12

[Gary C]

selmahoose said:

super7 said:

Isn't part of the problem that nobody will help the tenant if they make themselves homeless....?

The Council's advice is to wait in the property that you're not paying for, because they won't help you if you voluntarily leave making yourself homeless. So at that point it's the landlord paying for their 'temporary accommodation', not the local authority.

Sort of. If the tenant trots along to the Housing Dept with an official letter/legal paperwork intimating eviction process has commenced that's sufficient. They don't have to be actually out and on the street with their tearful kids and black bags of possessions before they get assistance.

Edited by selmahoose on Tuesday 22 January 16:12

I thought that was exactly what they needed to do, if a section 21 is issued

[selmahoose]

Gary C said:

I thought that was exactly what they needed to do, if a section 21 is issued

I just phoned the owner of the letting agency I use to get the up to date version. He said it very much depends on the individual they get in the council as to whether they get helped or told they can't be helped until they're literally out and 'on the streets', but the council officials certainly aren't obliged to force them to wait till then.

Y'see it can get awful messy. There are 'no fault' "evictions" where the property's being taken into repossession for instance. Picture that with a vulnerable tenant and kids. In my experience everyone from the letting agent to the lender's solicitors to the council will all do what they reasonably can regardless of exactly how law dictates what can and can't be done. It's not unknown for the lender's brief to allow months of occupancy beyond repossession although it opens another can of worms in terms of responsibilities etc.

Another one is the non-payment of rent eviction. If it's just a bd who's threatening to dig in heels, the agent'll say "look, ps off now and the landlord won't bother sticking a small debt claim up your arse. And make no mistake, he well knows court'll order it to be paid back at 50p a week. But trust me, you'll be paying that 50p for the rest of your life if you don't beat it". The agent'll then phone Shelter or their pro bono lawyer or whoever and say "remember advising them to stay on and on in the place is only amplifying the debt they'll be sued for". Which is tantamount to advising the clown that he should get into even more bother than he's in, which in some legal officials' eyes isn't really best advice to give their clown clients and can come back to bite their and not the clowns' backsides.

Absolute best idea is to keep property related matters away from lawyers apart from conveyancers, and keep away from courts at all costs because some of their denizens are just plain bonkers.

Actually, in Scotland now housing related disputes are dealt with by a First Tier Tribunal rather than court (much to the relief of court officials).

Edited by selmahoose on Tuesday 22 January 16:44

[shep1001]

Why bubble them knowing the council were going to come after you for money unless it was after they stopped paying so you are not liable??

[Psycho Warren]

This is why so many lets are advertised "no DSS"

[Cimaguy]

I am now not going to accept housing benefit tenants unless they can put up 5 months deposit.

I will push back the council and tell them they need to claim the fraudulent payments from the tenant. I will not pay them back and will let them take me to court. Bottomline is they caused me a real headache throughout this process. They basically advised the tenant not to move out on the date the courts set out. They told them to wait till the bailiffs arrive.

The council is no friend of the landlord. The court system is weak and disadvantages the landlord.

I will wait till the eviction date hoping goes wrong with the turfing and no application is lodged with the courts.

[B3NNL]

Just managed to get my nightmare tenant out last week through of an agreement that if she played the game and just got out, I would evict her under a renovation requirement as opposed to her being a st tenant. She eventually left, council were straight onto me two days later asking for their deposit back, which I happy informed them would be extremely unlikely to happen after sorting all the damage. Yesterday I received my first council tax bill for Qtr1 2019 for £600! Pity they couldn't have been so proactive in getting her other accommodation!..

[SCEtoAUX]

https://www.dailymail.co.uk/money/buytolet/article...