Council advising tenants to stay put?!?

(49 Posts)
Aimlessly Mon 26-Oct-15 11:01:55

Our family has just returned from living abroad - hello sunny England! and are planning on moving back into our property that we have been letting out.

We just got a call this morning from the letting agents saying that our tenants have advised them that they can not find another property in their price range and the council is telling them to stay put. What?!?

It is not like we are property investors and are just trying to get higher rent. We do not have any other accommodation. My children need to have a roof overhead and be placed in school. How can the council do this? What action can we take and how long should we expect to be displaced?

Totally shocked!

CishAndFips Mon 26-Oct-15 11:08:08

I'm not an expert but my understanding is the council will advise them to stay until they are actually evicted. If they leave beforehand the council will class them as intentionally homeless and therefore have no obligation to rehouse them. Have you looked at eviction procedures and is there somewhere you can stay in the meantime. flowers sorry your in this situation.

BankWadger Mon 26-Oct-15 11:09:40

Councils don't class tenants as homeless until they have been through the eviction process. It's awful for the tenant (and makes it completely unlikely another Private landlord will touch them) and awful for the landlord.

StrawberryTeaLeaf Mon 26-Oct-15 11:11:40

Councils give this advice to people in housing difficulty or need.

If you need possession, start eviction proceedings, which will give the tenants the paperwork they need to access further support.

It's a tough market out there at the moment. I would not like to be a private tenant on average wages with a family.

VimFuego101 Mon 26-Oct-15 11:16:53

Yes, they will be considered 'intentionally homeless' if they move out prior to eviction procedures. It's really shitty.

howtorebuild Mon 26-Oct-15 11:16:53

I would get moving then op, or you will be looking into the council housing you.

Arfarfanarf Mon 26-Oct-15 11:22:32

unfortunately this is what councils do. And if tenants move out without being forced out - the council will often consider them intentionally homeless.

Go to the same council and present yourselves as homeless because they are telling the tenants in your house to not move. See what they say.

It is shit all round. Nobody is going to make their children homeless because they prioritise anyone else over their own children. You're both screwed. It's a shit system.

You need to get the ball rolling on evicting them with the reason given to the council that you need to move back into the house.

MythicalKings Mon 26-Oct-15 11:24:16

Yes, start the eviction process straight away. It may chivvy them and the council along.

Sadly, it costs money.

And don't give them a reference so other landlords are warned.

redstrawberry10 Mon 26-Oct-15 11:28:37

Absolutely ridiculous system.

hereandtherex Mon 26-Oct-15 11:30:23

No, you'll need to give them 2 months to quit normally.

If they do not go then you need to start eviction procedures via the court.
This take a few months.

The tenants will probably leave when they get the eviction notice.

hereandtherex Mon 26-Oct-15 11:32:13

If you are letting then you are a property investor. Sorry fi that is a surprise to you.

You could have left the house empty but you choose to rent it out.

You cannot chuck out tenants at your whim.

hereandtherex Mon 26-Oct-15 11:33:07

The council would not classify you as homeless. You had a house abroad, which you were living in, then you choose to return to the UK.

redstrawberry10 Mon 26-Oct-15 11:34:26

You cannot chuck out tenants at your whim.

is it at a whim? Likely, the lease is up, and proper notice is being given. That's not a whim. What's the point of leases and contracts otherwise?

hereandtherex Mon 26-Oct-15 11:38:23

OP did not say the lease was up.

AliceInUnderpants Mon 26-Oct-15 11:42:37

Is their lease up OP? Have you given them legal notice to leave?

SweetAdeline Mon 26-Oct-15 11:51:20

We are also abroad and let out our house and if this happened to us it would make life really difficult, but I also agree with hereandthere that you are a property investor when you let out a property regardless of your reasons for being a landlord and this is one of the potential risks of being a landlord. How long it will take depends on how far through the process you are at the moment. It sounds like they are going to stay put until you go through all legal avenues so that the council is obliged to help them. Did the agents file the notice properly (ie correct written notice given two months in advance)?

Aimlessly Mon 26-Oct-15 11:53:28

We have given them the full notice period +3 additional weeks.

I do of course feel terrible for the tenants - it is a horrid situation to be in. They are really lovely but their hands are tied. It is the council I am upset with. The 'intentionally homeless' classification is absurd. This is the very reason landlords don't want to rent property out to tenants who require benefits/support.

I guess we will just have to wait to see what happens with the eviction notice.

SweetAdeline Mon 26-Oct-15 11:53:36

More info here.

redstrawberry10 Mon 26-Oct-15 12:34:02

that you are a property investor when you let out a property regardless of your reasons for being a landlord and this is one of the potential risks of being a landlord.

I think this is just a label so that we can feel better about how screwed up our laws are.

The OP is not a property investor as is commonly thought, or else any home owner is one. The primary point of owning this property (from what I can tell) is not profit, but to provide a home for the OP.

It seems to me there is something deeply wrong when a council advises people to break contracts.

wowfudge Mon 26-Oct-15 12:38:29

There is - insufficient social housing available due to the right to buy and failure to build new homes for social housing.

The best thing you can do OP is find a six month tenancy in the right area yourselves and commence eviction procedures for your tenants. Are they still paying the rent?

hereandtherex Mon 26-Oct-15 12:45:51

'Commonly thought' is not a legal term.

The OP is a property investor. Stop trying to wiggle out with semantics and 'poor me' stories.

loveisagirlnameddaisy Mon 26-Oct-15 12:51:14

Its the OP's home, and her principal private residence. That doesn't make her a property investor unless all homeowners are?

ObsidianBlackbirdMcNight Mon 26-Oct-15 12:57:28

The housing system is completely fucked and councils are only acting according to housing law which the government is responsible for. Yes it sucks for landlords (not unsympathetic at all it has happened twice to family members) but it's not the tenants' fault precisely. If they have no funds for a huge deposit on ridiculously inflated rents/don't have a guarantor/don't earn 3xridiculoudly inflated rent without tax credits which agents don't count for income then they literally have no choice.

museumum Mon 26-Oct-15 13:00:29

This is ridiculous and seems quite normal unfortunately. It happened to a friend of mine who took a six month sabbatical with work abroad, she had to rent out her flat to pay her own rent in the other country (she works for a university so no corporate relocation package). She told the tenants she was only going for six months and would be back and need the house back. It was all in the open.
When she came back the tenants ignored the notice served and she had to sleep on friends' floors till she could evict them, at some cost. (the cost is why she couldnt' just rent another place in the interim).

Abraid2 Mon 26-Oct-15 13:06:58

How can she be a property investor!? She owns one home--which she has been unable to live in due to being based overseas.

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