Can someone advise if a tenant has to provide advance warning they are not moving out by the date as requested by a s21?
The council have told them to stay put and not advise until the date of the notice.
I’m sure I read legally they need to advise advance warning of this and if so what are the requirements. Thanks
The council have told them to stay put and not advise until the date of the notice.
The council will have said that they have no duty under the Homeless Prevention Act if the T were to move out. The council would be in serious trouble telling T to stay without investigating the individual backgrounds and the possible harms that might exist by remaining e.g. legal costs for eviction.
Do you have the council’s comments in writing and what does it say?
You need to progress to getting a possession order and then an eviction order - and your costs of doing so.
Have you checked the processes you are using against the Nearly Legal s21 flowchart?
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Hi
Thanks for your response. I have purposely put in writing to T and advised that they will incur court costs as a result of me applying to courts for possession.
I have requested that the T advises council that I have informed them they will be liable for costs if I proceed and they should make the council fully aware. All this in an email.
No the council have not put anything in writing to me and would not confirm their advice to T when they called me asking if they could stay on in property (obviously I advised No)
The council have told T only to advise me on date that they are not moving out.
I am progressing via a professional eviction specialist to ensure paperwork etc is all correct. Is there anything else that I should be putting in writing?
Can I inform T that will be looking to recover all cost possible from them?
Thanks
you will get nothing off the Council . You cannot trust them
Agree, I don’t trust them.
Should they though as a duty of care take into consideration the potential costs I will be looking to claim from the tenants?
In the same way as the council cannot realistically advise the T, neither can you as you don’t have the facts.
You have advised what you might do so they can take a decision. You could, for example, go to the National Homelessness Advice Service (a government funded organisation) and download the “Applying as Homeless” factsheet and send it to them with the letter advising you are applying for possession and costs.
Councils do not actually have the accommodation the T’s think they have and will do everything to keep T’s off the register including the heavy hint (no more than a hint) to stay where they are. Regrettably this means you’ll have costs and you might explain that if the T’s can’t pay the costs, they will end up with a CCJ which will make renting even more difficult for them.
It’s a case of the T’s hearing what they want to hear, and you having to explain what they think has consequences.
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the council will not care about that.
I think you find that “officially”, the Council only advised them of their legal rights and did not insist they stay, because if they did that they’d be in breach of the Homelessness Reduction Act.
Thank you. Your comments will assist with my carefully worded email
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