this is exactly the opposite of what a central goverment official has said to all local authorites Hence you cannot trust your local authority. They are not on your side
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tbh as soon as she said that to the tenant, she told me she said that to the tenant and i was likeâŚgreatâŚthanks, thats when i realised she was indirectly helping
would i need a good case to evict them and win as i think i do?
we are near to you and your flat Soo kindly give us
the expiry date of the S21 is not the eviction date. Itâs simply the time at which you can apply to the courts for a possession order. and even when the courts issue a possession order thatâs still not the eviction date. Have you read about the eviction process? there are plenty of info in the web
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When the âeviction dateâ arrives what processes will you be using to evict them - bailiffs or something else?
Why did the housing association use the term âlegallyâ when asking you to extend? Did they explain the legal rationale? I think you should check the status of your s21 notice before proceeding to court to make sure its valid. Try the Nearly Legal s21 flowchart. Sorry, I canât link to it without my post being unapproved.
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Good question David, il ask why I have to extend the s21 and why legally I have to
If there is a fault with your s21 notice, its not in their interest to tell you. Thatâs something you have to check for yourself.
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This is so sad. There is a serious cost of living crisis (which you obviously know due to you increasing the rent) - 2 months is not long enough to find a property in current climateâŚ. There are hundreds of tenants going for one property and landlords selling up every 2 minutes. I appreciate none of this is your fault but it just screams that this is a difficult situation for everyone to me. I feel really sorry for the tenants, never a good time but to be evicted this close to Christmas is very hardâŚâŚ itâs your house at the end of the day you have every rightâŚ. Just very hard.
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interestingâŚthe tenant has expressed to the housing officer to tell me that i cannot in any way shape or form talk to the guarantor about the issue im facing with the tenant, otherwise i will get in legal trouble, i call this a bluff as tbh i have the legal right to talk to the guarantor if the tenant is failing on payment/rent arrears
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There seems to be a confusion between the terms âCouncilâ and âHousing Association Officerâ. The Council will have the responsibility to rehouse (assuming the T qualifies) in Housing Association property (if available).
Not sure why a HA would get involved if itâs the Councilâs job.
In any case, best not to listen to either and get legal advice. Both the Council/HA are not liable if the information is wrong or incorrect or misleading.
I wouldnât pin any hopes on nrla they are terrified to give an opinion and thatâs based on my own experiences with them over 5 years. Itâs like having a conversation with an Auditor, your section 21 is fine but the tenant will probably delay it and costs stupid money via court case when you can get one.
Bluff again >Lies .lies Tell guarrantor that is why they are there
@tony_karo, it seems as though you are new to this and unaware of the S21 process, your rights and the tenantâs rights. There is plenty of good advice here, online and from the various landlordsâ organisations. You absolutely need to join one (Iâm with the Landlordâs Guild and they seem pretty clued up) and also take professional advice if going down the S21 route.
You have every right to contact the guarantor and ask them to pay the rent shortfall if the rent increase is legal and hasnât been appealed to the FTT.
As you say you arenât sure when you became a landlord, are you sure you have followed all the legal requirements for this tenancy? If not, your S21 will be thrown out when you eventually get to court. Youâll then have to regularise the tenancy and start the S21 process again.
Tenants are not legally obliged to pay the rent increase as you havenât signed up new tenancy agreement to reflect the increase. The rental market is in chaos for the last year or so and finding new property can take more than two months, I can only imagine the stress your tenants are going through.
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I can only imagine the stress landlords go thru with non paying and disruptive tenants
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It is not a new tenancy agreement needed for a rent increase. You need to read all the above comments from the start of this subject . It is a different form.
No, you donât need to sign a new TA to increase the rent. Please donât give misleading advice if you donât know what the law says. Keep paying your rent, though. Iâm sure you can manage this one.
In short No! You can tell the housing officer to kick rocks. However the housing officer will likely tell the tenant to remain in your property until you get a eviction court order accompanied with Bailiffs
I saw a landlord asking what they should do when a tenant asks to be served a section 21 notice.
Jean Fisher responded and she responded in the most comprehensive way that I have seen. With her permission, she has allowed me to copy and paste her advice here.
Please take the time to read it, as it could be very helpful to anyone in the same position.
Talk to the the tenant about what council housing involves. If they expect to be handed the keys to a council house, it wonât happen and council houses donât exist
The council will only house them if they donât leave until evicted by bailiffs and you can ask the court to award costs. The bailiffs will come suddenly and give them one hour to pack essentials so theyâll have to arrange for the rest of their possessions to be collected and put into storage. If they leave sooner, the council wonât house them as they are intentionally homeless. They will sit and wait in the council office until the council find somewhere for them.
It wonât be a council house. It will be one room in a budget B &B sharing a room with children under 10. There will be no cooking or laundry facilities. It will be full of evicted tenants and likely in a rough area. If they refuse the room they are offered, they are intentionally homeless and the council wonât house them.
Many councils do deals with other councils as a deterrent so homeless people are shipped around the country and housed miles away. This means changing jobs and schools. They will be there about a year.
Eventually they will work their way to the top of the list. Some councils allow people to bid but others just allocate a property. It will be a housing association property. The housing association will sort out all existing tenants who want to move first so the properties available to those who bid are the least desirable. If they refuse the property they are offered, they are intentionally homeless and the council will not help them.
They will only be given a 6 month AST to the housing association property so no security and they canât exchange.
Only after 6 months can they get a secure tenancy and be eligible to swap if they can find someone to swap with. I would never recommend this. Make your tenants aware how tough it will be.
If they donât get their act together and pay their rent, use section 8 to evict them. You probably wonât see the money but at least the council wonât house them as not paying rent is intentionally homeless.
As the landlord is likely going to court anyway, they will obviously ask for court costs and bailiff costs to be passed on to the tenant. Bailiffs can also collect these costs. Theoretically through weekly payments but tenants may feel pressured to pay in full so arrive in B&B penniless.
I hope that this is useful to you.
Save it if you can in case you are ever in this situation and have tenants asking you to issue them with a section 21 notice.
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