OpenRent Community

S21 issued but tenants didn’t leave

My tenants didn’t leave on their S21 date.

The local council have been in touch to say they are going to house them when a private let becomes available and not to start applying for a possession order.

They haven’t updated me and I feel I’m being led a merry dance. How long do I wait?

Has anyone else dealt with a council who are known for having a shortage of houses? I’m thinking the tenants have been told to stay put.

Any advice would be appreciated.

I would take legal advice and get on top of it asap
Do not sit and wait.
Did the council tell you that or the tenant?

If the council said that you are being messed about. They know the law and are making your life difficult.
They don’t have to house the tenant if they are in your property. Right now it’s your headache and the council is not in a rush to make it their headache.

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It was the guy at the council who told me that. He said the end of March, beginning of April they will have something and can I work with them.

I backed up the conversation with an email which was ignored, They said to go through them for arrangements because the situation is hostile with the tenants. I tried to arrange the EICIR and that was ignored, two phone calls with messages not retuned.

I managed to speak to him yesterday, I realised his mobile was on the email he sent previously. He said the case had been passed to his colleague as he is the initial assessment person. I do now believe I’m being led a merry dance.

I’ve just sent the details over to a professional eviction company who hopefully can take the case onboard.

Thanks for your help

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Your s21 notice will expire 10 months after service so you need to use it before then. Its possible that they’re just stalling, but they don’t have that much to gain by doing so. They will be very aware that if you apply now for a court order, it will probably take a further year before the bailiffs arrive, so they’re not exactly up against the clock. Its hard to know how to respond to be honest, but perhaps it would be wise to give them a deadline after which you will apply for the order.

With regard to the EICR, you need a refusal from the tenant rather than no response in order to maintain a statutory excuse. I would write back stating that I will be turning up with an Electrician on (date) to do the work and will let myself in if they are not at home unless I hear from them.

The council will LIE TO YOU

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Thanks Colin, I didn’t want to believe it but I think you are right.

I’ve got a company to apply to the courts on my behalf.

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Thanks David, The ECIR has been sorted now.

I’m just going to carry on with the possession order.

Can the cost of the possession be passed on to the tenants do you know ?

That will be in your contract. It should be standard in the costs and charges section.
Just check though

Tracy I have always worked on the principal that the local council will not help landlords. they only want to mitigate THEIR liability to house tenants. Easier to screw landlords than tenants , and in 40 or so years I have not been wrong. I never tell local councils anything as they will not do the same for me

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To indemnify the Landlord in respect of any legal costs and expenses (including VAT) properly incurred in enforcing this Agreement or any part thereof and which arise from a breach of its terms by the Tenant.

This is my section on fees. Enforcing the agreement surely means vacating when you are supposed to?

What do you think?

Yes
That’s the one.
It can be passed onto them including VAT
Your clause goes one better .
It indemnifies you rather than reimbursed you against reasonable cost so the judge will rule all monies in your favour not just what he thinks is reasonable.
Only problem that may occur it could be argued indemnify is a breach of consumer regulations. But cross that bridge if you get to it.
There was a solicitor who did a webinar with Tessa S who’s contract only reads indemnify and he was having great success

Thank you so much for your help. Let’s hope the indemnify is sufficient. I really must start watching the webinars, you never think it will happen to you.

I really appreciate your time.

I would just point out that 1 persons promise does not reflect the intentions of an entire organisation. Unless the Council will make written representations & provide unquestionable guarantees, i wouldn’t accept what has been said. I’ve been lied to by officials before, I see no reason to assume that they won’t lie again.

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spot on Phil . i would not even trust their guarantees

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I backed everything up via an email and they didn’t respond so I tend to agree with you.

I’m being given the run around. I’m taking action next month.

Thank you

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The council has no properties to offer, saying they will rehouse when available isn’t going to get your tenants out anytime soon you’ll have to evict them at your up front costs & the tenants will not have the money to pay court costs anyway-so if they’re paying the rent just leave them, carry on with repairs eventually they will go as they’ll get fed up- the council won’t work with you or help you as they can’t all they’ll do is wait for your eviction & only then will they be offered accom as “homeless” most tenants that want a council property have caught onto this - they just do not give a damn, it’s highly unlikely they will pay any costs. Best of luck

When I spoke to the council they said it’s a privately rented place they are helping them with now. The council guy said there should be a lot more becoming available due to notices served when the six months period was announced.

BUT, every landlord I know is warned not to take the council deposit scheme. Which again makes finding them a property even more difficult.

They have a guarantor who will also become responsible for the costs. I intend to pursue costs incurred all the way.

If I could work with them I would, the police have already been involved from my end due to criminal damage and their end on some made up excuse to accelerate a claim for a council property. The police dropped their claims. In over 10 years as a landlord this is the first time I’ve been put in this position.

The relationship has completely broken down.

Quick update, they are going! Never been happier, a legal letter was sent out which cost £125 but I can claim that back from their deposit. (I think).

Now I’m worried they will sabotage the house and it won’t be spotted when the check out paperwork is down.

Ie a slow leak, or water tank or boiler messed about with, or cooker etc .

Congratulations
Getting your money back depends on your contract
If your contract has a section for deposits and that includes claiming charges that arose during tenancy you can

Hi. Well done for getting possession. Yes we had had ‘invisible’ damage done.