Advice with Charity Housing Providers

Landlord Discussion Legal
1

I’m after some advice & I’ll try my best to explain, but it’s a bit longwinded.

10 years ago, we had a property in our portfolio which was not renting out very easily. We were approached by a housing provider who asked if they could rent the property out to house one of their service users.
We agreed to this, and for the next 9 years, we have had the same tenant in the property.
Recently, we believe the tenant was not capable to live independently as we were getting weekly phone calls from neighbours RE awful threats the tenant was giving, how he was banging on their doors in the middle of the night, running around outside with no clothes etc.
The police have been involved, yet when we spoke to the housing provider, they had no notice of this.

Anyways, a few weeks go by and nothing changes, the neighbours are getting more & more upset and we decide to file a section 21 to the housing provider.
This section 21 required possession of the property to be given back on 1 September 2023. I have had contact with them today asking if everything is on track & got an email back saying the following:

‘due to the member of staff dealing with that property unexpectedly leaving, we didn’t serve notice to the tenant until later on, therefore meaning his notice does not expire until 10 September 2023. The tenant has also managed to source their own property which is ready in 4 weeks time. We should be able to hand the property back to you at the end of September’.

Now, am i wrong for thinking this is unacceptable? We required possession on 1 September, and we gave them this notice back in May 2023. I had multiple chats with the employee that has since left, so I’m unsure as to why it wasn’t filed on time… is there any action I can take or should I bite the bullet & wait it out.
We did have a few people who were interested in renting the property once it was available, but we hadn’t confirmed exact dates with them.

It’s not the money we are bothered about, it’s more just principle & i feel like they have taken advantage in a lot of ways over the years, so i feel a bit deflated.

Sorry it’s long winded, any advice would be appreciated.

2

Is your contract/Teanncy Agreement with the housing provider or T themselves? If the first, them not passing it to the T is irrelevant. In any case, it sounds like they’re bidding for as much time as they can. It’s up to you if you want to wait till the end of September. It may be that by that time the T still will not have left and will only do when court action is started or even till the bitter end. It’s anyone’s guess how unscrupulous they are and how much they’re willing to milk the situation. The longer T stays put, the later they will have to provide an alternative accommodation for them. Also, they know that it’s a matter of time till they will start getting complaints at a new place, so playing for time does make sense.
I would send them a letter 2 weeks before court action and see if it spurs them on. If not, I personally wouldn’t wait and start the court procedures. Good thing that, being a company they can easily be sued for court fees through SCC and will have to pay them.

3

Its likely that your s21 notice was of no legal effect. Your contract with the housing provider almost certainly cant be an AST as its likely a company and not a “natural person”.

Under the circumstances I suggest you just wait for the occupant to leave and then not make the same mistake again of getting involved in Rent to Rent.

4

Thanks for this, the contract is with the housing provider on the basis they find and manage the tenant who they put in place… so that is why I was confused why they felt they could serve the section 21 to the tenant at a later date.

It is definitely something I will act upon as the housing provider has been nothing but bother. Tempting me to name and shame so other landlords can avoid them!

Thank you

5

I wouldn’t name and shame. Yo can be sued for libel.

6

I guess so. It’s just a shame companies can go around acting like that & suffer no repercussions. They really have been a nightmare for at least 5 years and we are finally getting somewhere with them… but once again, it’s at our expense.

Thank you!

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