Providing alternative accommodation for Tenants due to damag
Discussion
He also complained to the council about me, who gave me a works order on the house - now removed thankfully. Funnily enough the guy from the council department actually suggested me offering him a financial incentive to move - I think however though thats only useful if they have somewhere to go.
I'll give the landlord action guys a tinkle if this possession hearing doesn't work.
I'll give the landlord action guys a tinkle if this possession hearing doesn't work.
Only a Court can order a repossession of the rental property.
The government have in the last few days made an extension of the Winter Truce with regards to eviction.
Briefly the The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 (“the Regulations”), that possession orders can be enforced if there are at least six months’ worth of arrears, regardless of when the arrears accrued and regardless of the amount of arrears at the time the order was made.
Landlords who are unable to rely on an exemption are not prevented from applying for a Bailiff appointment, but such appointments cannot take place until the restrictions end on 21 February 2021, subject to any further extension. Tenants must be given 14 days’ notice of an eviction, which means it is likely that 8 March 2021 is the earliest date upon which bailiff appointments can be arranged.
The government have in the last few days made an extension of the Winter Truce with regards to eviction.
Briefly the The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 (“the Regulations”), that possession orders can be enforced if there are at least six months’ worth of arrears, regardless of when the arrears accrued and regardless of the amount of arrears at the time the order was made.
Landlords who are unable to rely on an exemption are not prevented from applying for a Bailiff appointment, but such appointments cannot take place until the restrictions end on 21 February 2021, subject to any further extension. Tenants must be given 14 days’ notice of an eviction, which means it is likely that 8 March 2021 is the earliest date upon which bailiff appointments can be arranged.
zedstar said:
He also complained to the council about me, who gave me a works order on the house - now removed thankfully. Funnily enough the guy from the council department actually suggested me offering him a financial incentive to move - I think however though thats only useful if they have somewhere to go.
I'll give the landlord action guys a tinkle if this possession hearing doesn't work.
Sounds famiiar, but I wouldn't be surprised if the council have said to your tenant to stay put as they won't consider rehousing him until he is evicted, as if he leaves voluntarily he will have made himself homeless.I'll give the landlord action guys a tinkle if this possession hearing doesn't work.
Had this with a tenant of ours, who refused our offer because she seemed to believe she would be offered accommodation by the council. I suspect the reality set in after she burned her bridges, as there wasn't much available, and was thick-skinned enough to ask if the offer was still open - left a complete mess when evicted.
Landlord action or similar is a good option..
UPDATE...
After the January court date being deferred due to the tenants health reasons the case was back in court again this week and possession awarded with 2 weeks for him to leave and permission to escalate to High Court.
He stopped paying the rent in June 2019 and the original court case that got heard today was deferred due to Covid just under a year ago, so a year extra the tenant got due to Covid.
Finally!
After the January court date being deferred due to the tenants health reasons the case was back in court again this week and possession awarded with 2 weeks for him to leave and permission to escalate to High Court.
He stopped paying the rent in June 2019 and the original court case that got heard today was deferred due to Covid just under a year ago, so a year extra the tenant got due to Covid.
Finally!
UPDATE...
Possession date came and the council phoned the solicitor and said they were rehousing him and could we just wait on a couple of weeks. She left her name and number and said she would keep us updated.
I rung her weekly for a couple of weeks, complete waste of time as she kept telling me she was not getting updates from maintenance as to when the tenants new house would be ready.
She then asked me to stop calling her and ring the housing officer instead. He wasn't upto speed but did say that he would also chase up the maintenance team. I also asked if I just got him bailiffed out then what would happen. He said there was a severe shortage of council housing stock and so it would most probably mean that the tenant and his 3 children would be housed in a hotel for a couple of weeks. I then asked if the council would at least pay me the rent difference until they rehoused him, he said he would ask his manager as paying me £400 a month was cheaper than 3 rooms in a hotel for a month.
The next week his manager agreed that they would pay the rental difference from the discretionary housing fund, but only if i signed a new tenancy. Clearly that was a no.
So after 6 weeks of the council saying that they would rehouse him 'very soon', the housing officer himself said the only way now was to get him out in a reasonable timeframe would be to call the bailiffs in.
Annoying.
Possession date came and the council phoned the solicitor and said they were rehousing him and could we just wait on a couple of weeks. She left her name and number and said she would keep us updated.
I rung her weekly for a couple of weeks, complete waste of time as she kept telling me she was not getting updates from maintenance as to when the tenants new house would be ready.
She then asked me to stop calling her and ring the housing officer instead. He wasn't upto speed but did say that he would also chase up the maintenance team. I also asked if I just got him bailiffed out then what would happen. He said there was a severe shortage of council housing stock and so it would most probably mean that the tenant and his 3 children would be housed in a hotel for a couple of weeks. I then asked if the council would at least pay me the rent difference until they rehoused him, he said he would ask his manager as paying me £400 a month was cheaper than 3 rooms in a hotel for a month.
The next week his manager agreed that they would pay the rental difference from the discretionary housing fund, but only if i signed a new tenancy. Clearly that was a no.
So after 6 weeks of the council saying that they would rehouse him 'very soon', the housing officer himself said the only way now was to get him out in a reasonable timeframe would be to call the bailiffs in.
Annoying.
As a lifelong tenant, I hate to see stories like this. People "working" the system. I saw a similar story on Can't Pay, We'll Take it Away where the tenant refused to pay rent for a long time, but when the eviction finally happened the property owner noticed thousands of pounds worth of designer gear being moved out.
I prioritise my finances - first and foremost, pay the rent, then council tax, then all the rest. Not rocket surgery. I have no clue why I might have a conflict with the owner, the outcome is inevitable! I have had a previous landlord try to negotiate me staying after her new agent suggested she increase the rent by 25% (I had been there 8 years and she repaid my full deposit). Again all very amicable, it's a business transaction but can be friendly.
In my experience the system is skewed towards tenants. The laws regarding tenancy deposits and evictions may have been formulated because some landlords take the piss. I don't know. But if both sides play fair then there shouldn't be an issue.
For example when I viewed the current property I live in, I commented that the bathroom was a bit dated. Just a comment as I couldn't see any other issues. The landlord is planning to replace the bathroom in the summer, and would I prefer a shower over bath or just a shower cubicle? I signed the contract asap (bit weird during covid, I had to use my phone and collecting the keys was even weirder).
I prioritise my finances - first and foremost, pay the rent, then council tax, then all the rest. Not rocket surgery. I have no clue why I might have a conflict with the owner, the outcome is inevitable! I have had a previous landlord try to negotiate me staying after her new agent suggested she increase the rent by 25% (I had been there 8 years and she repaid my full deposit). Again all very amicable, it's a business transaction but can be friendly.
In my experience the system is skewed towards tenants. The laws regarding tenancy deposits and evictions may have been formulated because some landlords take the piss. I don't know. But if both sides play fair then there shouldn't be an issue.
For example when I viewed the current property I live in, I commented that the bathroom was a bit dated. Just a comment as I couldn't see any other issues. The landlord is planning to replace the bathroom in the summer, and would I prefer a shower over bath or just a shower cubicle? I signed the contract asap (bit weird during covid, I had to use my phone and collecting the keys was even weirder).
wrong_turn said:
As a lifelong tenant, I hate to see stories like this. People "working" the system. I saw a similar story on Can't Pay, We'll Take it Away where the tenant refused to pay rent for a long time, but when the eviction finally happened the property owner noticed thousands of pounds worth of designer gear being moved out.
I prioritise my finances - first and foremost, pay the rent, then council tax, then all the rest. Not rocket surgery. I have no clue why I might have a conflict with the owner, the outcome is inevitable! I have had a previous landlord try to negotiate me staying after her new agent suggested she increase the rent by 25% (I had been there 8 years and she repaid my full deposit). Again all very amicable, it's a business transaction but can be friendly.
In my experience the system is skewed towards tenants. The laws regarding tenancy deposits and evictions may have been formulated because some landlords take the piss. I don't know. But if both sides play fair then there shouldn't be an issue.
For example when I viewed the current property I live in, I commented that the bathroom was a bit dated. Just a comment as I couldn't see any other issues. The landlord is planning to replace the bathroom in the summer, and would I prefer a shower over bath or just a shower cubicle? I signed the contract asap (bit weird during covid, I had to use my phone and collecting the keys was even weirder).
This LL has regrettably had to serve on a tenant 6 months Notice, the tenant having a tenancy over eighteen years. There are no carpets throughout the property, with mattresses on floorboards, signs of historic domestic abuse. The property needs major refurbishment works, new kitchen, bathroom, replacement internal doors, and needing carpeted and decorating throughout. The works can not be carried out with a tenant and two your daughters in residence.I prioritise my finances - first and foremost, pay the rent, then council tax, then all the rest. Not rocket surgery. I have no clue why I might have a conflict with the owner, the outcome is inevitable! I have had a previous landlord try to negotiate me staying after her new agent suggested she increase the rent by 25% (I had been there 8 years and she repaid my full deposit). Again all very amicable, it's a business transaction but can be friendly.
In my experience the system is skewed towards tenants. The laws regarding tenancy deposits and evictions may have been formulated because some landlords take the piss. I don't know. But if both sides play fair then there shouldn't be an issue.
For example when I viewed the current property I live in, I commented that the bathroom was a bit dated. Just a comment as I couldn't see any other issues. The landlord is planning to replace the bathroom in the summer, and would I prefer a shower over bath or just a shower cubicle? I signed the contract asap (bit weird during covid, I had to use my phone and collecting the keys was even weirder).
Recently the local council environmental health officer inspected the property, and issued a licence under the HMO legislation.
At the request of the tenant I served the tenant with the above Notice, the council's housing office have advised the tenant not to move out until the bailiffs call. Why should i incur court and bailiff's costs, when it is both in the tenant's and the LL's interests, for the tenant to vacate the property, and for the improvement works to be carried out.
UPDATE
Eviction was this morning. Tenant had moved out before and emailed the solicitor to say he would drop them the keys yesterday so that no doors had to be broken down or locks drilled.
He then emailed last night to say he couldn't afford a taxi to come and drop the keys so he would do it this morning before his 10am meeting.
He then phoned to say he was walking to the solicitors but would be there by 10am.
We clearly didn't wait for 10am and managed to get in and change the locks.
It's nearly half 12 and hes still not at the solicitors. Clearly thought it'd be funny to string us along for a bit.
Lets see if hes laughing when the charging order application for his own house (rented to tenants) comes in.
Eviction was this morning. Tenant had moved out before and emailed the solicitor to say he would drop them the keys yesterday so that no doors had to be broken down or locks drilled.
He then emailed last night to say he couldn't afford a taxi to come and drop the keys so he would do it this morning before his 10am meeting.
He then phoned to say he was walking to the solicitors but would be there by 10am.
We clearly didn't wait for 10am and managed to get in and change the locks.
It's nearly half 12 and hes still not at the solicitors. Clearly thought it'd be funny to string us along for a bit.
Lets see if hes laughing when the charging order application for his own house (rented to tenants) comes in.
vikingaero said:
That's good news. Just remember, when you posted on the 12th May, about the Council rehousing him, that was a fatal mistake. NEVER trust a Council. If you had possession, swallow your Mr Nice Guy pride and go for it - after all the tenant has screwed you over for a couple of years.
No doubt, no more Mr Nice GuySydneyBridge said:
So your tenant had his own house, rented to tenants, who paid rent I assume?
While he paid no rent to you... hope you get every penny back you are owed
Yep you think as a landlord he wouldn't have been so bad. The bit I get confused on though is that I thought once you own a property you were no longer eligible for a council house? I doubt he told the council though.While he paid no rent to you... hope you get every penny back you are owed
Glad you got a result in the end. I think we'd all agree that the system should be there to protect the vulnerable, but when people (and councils) abuse it that system should have a quick and easy exit.
We had a tenant who decided they didn't like paying rent or doing the basic cleaning/upkeep they signed up to. The council gave us the similar runaround with "can't find accomodation, please don't throw them out yet".
After that experience we decided to sell that property as a fixer upper rather than do the extensive refurbishment it needed.
For a laugh, we had the housing association make an offer. It was about the market max for that house in decent nick and NOT in post-freeloader condition, so we nearly took their hand off.
So, council apathy led to council buying house at what I reckon was an inflated price.
What annoyed me most about the whole experience wasn't the council or the tenant, it was the attitude of her parents. They'd rather have had her on the street than have her crash with them. She wasn't particularly nasty, just a f
kwit going through a hard time.
We had a tenant who decided they didn't like paying rent or doing the basic cleaning/upkeep they signed up to. The council gave us the similar runaround with "can't find accomodation, please don't throw them out yet".
After that experience we decided to sell that property as a fixer upper rather than do the extensive refurbishment it needed.
For a laugh, we had the housing association make an offer. It was about the market max for that house in decent nick and NOT in post-freeloader condition, so we nearly took their hand off.
So, council apathy led to council buying house at what I reckon was an inflated price.
What annoyed me most about the whole experience wasn't the council or the tenant, it was the attitude of her parents. They'd rather have had her on the street than have her crash with them. She wasn't particularly nasty, just a f
kwit going through a hard time. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff