My tenant said he wants a section 21 notice to take to the countil so he can get a council house. I do want him to leave because he is difficult sometimes so i am considering this.
But i have read online that the council wont care about just the notice, theyd want a court order. Which means costs for me. So i am unsure what is going on here.
I have also read online that councils will offer him a property anywhere in the country. From speaking with him before, he can only stay in this town because of his job. So he wont take one and then stay anyway so I’ve just had this cost for no reason.
Personally, I’ve been in this situation & served a S21, & it all went to plan & they moved out to a council property. However, that was a single Mum with 3 younger children.
I’m not sure I’d take the same risk again. I think I’d be tempted to refuse, and only service S8 notice if they didn’t maintain payments.
I’d be concerned about serving S21, and then being tied into following through & inuring the costs of court & repossession.
I forgot to mention an important detail. The tenant is not a british citizen, they are from spain. Only stating as im not sure if this makes a difference to their council house plan.
Hes said to me before that he can’t accept any rent rises due to him being made redundant. So as it stands im renting to him a property where market value is around 1700pcm for 1400pcm.
One of the reasons i would be happy if he moved on lol
He has next to zero chance of getting a council house. He would likely be offered emergency accommodation, which will be a very basic b&b room, a low grade private rental or similar.
I suggest you ignore these demands and focus on what you want. However, it is clear that if and when you do need to evict him, he will make you go to court, so costs are inevitable.
You will have to pay it initially. You can ask for your costs to be awarded to the tenant by the judge, but good luck trying to get the money from him.
If you have building insurance with legal expenses - try them before you do anything.
I issued a section 21, then a court possession order - nearly £400.
Called insurance after only to find I would have been covered IF I hadn’t incurred costs first.
On a positive note , possession order was served to tenant within 10 days by the court. tenant given 2 weeks to reply and court date set within 6 weeks of me issuing possession order.
Derbyshire City Council
