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Original poster

Tenants requesting a court order!

411 replies

Emily2586 · 29/10/2022 21:49

Hi everyone,

I would really be grateful for some advice. I have a property in England which I would like to move back to. I have given the notice on time and gave my tenants 3 months to find alternative accommodation. The three months have now passed and the tenants have come back to me saying they can not find any place to rent because of their low income and is saying they would like me to start a court order so they could give a letter to the council so that they could assist them.

I wasn't expecting them to do this as I had given three months notice and I had some to them if this wasn't enough time they could let me know and it could be extended slightly to give them time to find something. I was under the impression they were finding a place to rent all this time.

The tenants have been in the property for 10 years and I have no experience of about the legal proceedings in this case. I myself have kids and need to move into this property as I am currently staying with my parents until the tenants move out and I am worried that court proceedings could cost a lot.

Could someone please kindly give any advice of what I could do.

OP posts:
HiveBee · 30/10/2022 16:02

It would have to be the absolute definition of stupidity to pay Solicitor £300 an hour then try and hide anything from them, you’re paying them to unravel the mess.

Razzle5 · 30/10/2022 16:04

HiveBee · 30/10/2022 16:02

It would have to be the absolute definition of stupidity to pay Solicitor £300 an hour then try and hide anything from them, you’re paying them to unravel the mess.

Yep

So I rather suspect the Op will indeed endeavour to hide the reality of this shit show

Razzle5 · 30/10/2022 16:05

The “absolute definition of stupidity” features in pretty much every single one of her contradicting posts

ivykaty44 · 30/10/2022 16:08

That should not be the problem of private landlords. Councils are essentially telling private landlords with tenants who won't pay or move out to fuck off, get sucked into a financial hole of your own, potentially lose your own property and credit rating while trying to cover bills because tenants aren't paying rent and won't leave, rather than do the job we all pay taxes to help sort out.

why do landlords think its the council to pick up the slack if they no longer want to rent their house to the tenants? A LL credit rating or profit is down to them to sort not rely on the council to rehouse a tenant they no longer want. If a tenant doesn't pay then take it to court and go through the process set out, LL know this will be the case if things go wrong

HiveBee · 30/10/2022 16:13

@ivykaty44 but this is the point people keep saying that the landlord tenant agreement is a business transaction nothing personal but actually the council is interfering with that process by refusing to allow person to help themselves out of the situation by applying for council assistance. It must be area dependent because I have known people make themselves intentionally homeless and still get bailed out by the council and actually legally if the person was vulnerable it wouldn’t matter whether they were intentionally homeless or not the council still has a legal obligation to house them. To actively tell a person the opposite of that is an interference Council is promoting for their own benefit over that of the landlord.

Xenia · 30/10/2022 17:09

The state has made it so difficult to let property that there are becoming few houses available. My son had about 13 wanting his small 2 bed house and we had to sit there and decide which of 13 families got the house as so many landlords have had to sell due to the various legal changes.

antelopevalley · 30/10/2022 17:56

@HiveBee it is because councils do not have enough houses or money. So they only help the desperate.

Schnooze · 30/10/2022 17:57

It is an unfair system both for tenants in genuine need of council accommodation, and for landlords who incur cost through no fault of their own.

HiveBee · 30/10/2022 18:13

antelopevalley · 30/10/2022 17:56

@HiveBee it is because councils do not have enough houses or money. So they only help the desperate.

No they don’t help the desperate they help those with the loudest voices. My cousin has sat in the local councils office with her children and refused to move until they solved the problem. She probably wasn’t the most in need person they had on their books that day but she was the one that got the council house and naturally she’s bought it 5 years later. for a 50% discount.

Postapocalypticcowgirl · 30/10/2022 18:28

HiveBee · 30/10/2022 13:58

@Postapocalypticcowgirl she has absolutely nothing to lose by increasing the rent in the meantime it works by sharpening the focus of the tenants to get out and then hopefully won’t even come to a section 21 hearing. If the rent is unaffordable that also circumvents the need for intentional homelessness in the eyes of the council because the property is simply become unaffordable.

Show quote history

The tenants know they will eventually have to leave. Waiting to be evicted is miserable- they won't be doing this through choice, but because it is their least worst option.

Actually, eviction for non-payment of rent can be regarded as making oneself intentionally homeless by some councils.

The council won't suddenly house them because their rent has gone up.

It's clear you know fuck all about this, so perhaps stop commenting with unhelpful suggestions.

Postapocalypticcowgirl · 30/10/2022 18:32

The situation with council accommodation is a problem for everyone, I agree.

But it's also not unreasonable to expect Landlords to follow the law. Which it doesn't look like OP has.

So, actually, I think the tenants are totally justified in staying put.

HiveBee · 30/10/2022 18:48

Postapocalypticcowgirl · 30/10/2022 18:28

The tenants know they will eventually have to leave. Waiting to be evicted is miserable- they won't be doing this through choice, but because it is their least worst option.

Actually, eviction for non-payment of rent can be regarded as making oneself intentionally homeless by some councils.

The council won't suddenly house them because their rent has gone up.

It's clear you know fuck all about this, so perhaps stop commenting with unhelpful suggestions.

Show quote history

@Postapocalypticcowgirl I know a lot more than you do about how to work the system.

underneaththeash · 30/10/2022 19:00

ReformedWaywardTeen · 29/10/2022 23:55

I'm sorry but whether you currently have money or not, you've said it yourself, their rent low or otherwise has paid off the mortgage on the property.
The law very much sides with you, although you are aware that there has been discussions from the government of removing no fault evictions?

They've paid their rent at what you set it, it's not their fault you now want it back and if you're aware they've been paying very much under rental market value I can't see why you would think they would find somewhere in 3 months. It's also incredibly difficult for low income families who probably need UC top ups to find a landlord or agent to take them on, and that's without fees etc.

Yes, you will have to take them through court eviction, which luckily for you no longer takes very long. Then they will require you to get a bailiff order to remove them. Unless you do that, as someone up thread said, they will be classed as intentionally homeless and the council will not help- not that they will do very much for them with all that except probably at most a substandard B&B with shared bathroom facilities. They will likely lose not just a home they've paid for for ten years but won't be able to store their possessions so will probably end up losing those too

Sorry if I sound heartless but you are plunging people into a very nasty time for them that will uproot them, and their children if they have them. It's extremely hard to rent anywhere right now with a low income. You're putting them out on the street so my compassion is for them. I would also hope for your sake of the house is in bad condition they don't report you to environmental health.

Are you boys? the OP is living with her parents as she doesn’t have someone else to live.
oh wait…she does, she owns somewhere and wants to actually live in it.

OP you have every right to your house back, I’d be really pissed off too.

you are also entitled to claim back the court costs from your tenants, although you can’t claim it back from their deposit unless it’s specifically mentioned (but it might be). You can take them to small claims.

KillingLoneliness · 30/10/2022 19:06

BovverinaHovel · 30/10/2022 13:32

Typo
income of £40k per annum is required to rent a modest property at £1400 per month.
sorry

We are SW. earlier in the year we were told we had to have an income of 60k for a 1200pm 3 bed, we eventually found a new home but it took us nearly 4 months.

ivykaty44 · 30/10/2022 20:03

income of £40k per annum is required to rent a modest property at £1400 per month.

similar story in my area, the affordability test before the credit checks

ivykaty44 · 30/10/2022 20:18

@HiveBee

I’ve not found any district that will assist anyone homeless if they have intentionally left their home, hou cant have any housing related debts either & that includes historical debts and council tax.

I’ve seen historical housing debts to the council of £2/3000 paid up by relatives so that the homeless person could get into temporary accommodation, same with council tax.

if the council is interfering by refusing to allow the person to help themselves, how is the council stopping the tenant helping themselves to another private tenancy? The council informs the tenant that they will not be considered homeless if they leave their rental property. The tenant has choices, they can still go on council list, rent privately but aren’t eligible for homeless status and immediate housing. The council also evict tenants for non payment of rent- see above - and those tenants are homeless but don’t get help

HiveBee · 30/10/2022 20:32

@ivykaty44 if the tenants have children or are vulnerable they could burn the house down and the council will still have to house them. I have actually seen that happen in real life.

historical debts to the council are an issue, but the need to house those children would override any decisions made about historical debt And certainly in the short-term that would not prevent a council housing somebody.

I can only speak from experience but I’ve seen people who have made themselves intentionally homeless still be housed.

From everyone’s perspective it would surely be better to prevent homelessness than deal with the fallout and again my experience is that the council will move heaven and earth including paying off arrears to try and prevent eviction.

it’s tricky you can see everyone’s point of you and none of them are really wrong but surely there has to be a better system.

Augend23 · 30/10/2022 20:34

ivykaty44 · 30/10/2022 20:03

income of £40k per annum is required to rent a modest property at £1400 per month.

similar story in my area, the affordability test before the credit checks

I must be very spoilt due to where I live but that doesn't sound affordable to me?

Best case scenario in terms of take home would be two full time salaries of 20k (just over minimum wage at 40 hours a week).

That would mean a take home (after zero pension contributions) of £1450 per person per month.

So £1400 of property would be almost 50% of their joint salaries on rent. I recognise it might well be necessary given how mad prices can be but I don't think I would automatically conclude it was affordable?

ivykaty44 · 30/10/2022 20:35

but surely there has to be a better system.

id stop selling council properties, the right to buy has added to the housing crisis, it needs to be a right to rent

ive seen people turn down HA properties offered and wait for a council property, knowing in 3 years they can but it

HiveBee · 30/10/2022 20:37

ivykaty44 · 30/10/2022 20:35

but surely there has to be a better system.

id stop selling council properties, the right to buy has added to the housing crisis, it needs to be a right to rent

ive seen people turn down HA properties offered and wait for a council property, knowing in 3 years they can but it

Yes me too and as I say I’ve seen a relative do it with my own eyes. They were on benefits for six years whilst the children were young and of course built-up the discount, the minute the child was no longer the benefits cash cow and they actually did have to get a job they bought the house at an enormous discount it’s utterly wrong.

HiveBee · 30/10/2022 20:39

I was advised by family to do exactly the same because it worked out so well for all of them. I wasn’t prepared to live in the locations available though and have my child brought up in that environment. Choice costs money though and my goodness I’ll be paying it for awhile.

caringcarer · 30/10/2022 21:19

@Razzle5, no if they have a couple of bank statements and a couple of payslips I accept that as been recvommendef to me by trusted tenants. Where I live in West Midlands in hub of logistics as many motorways meet. There are so many vacancies in warehouses for packers and warehouse staff, drivers and admin staff that anyone who wants a job can get one. I tend to let to couples where both employed too so lower risk. I'm also insured against tenants not paying rent. To be fair I allow some pets too and children.

antelopevalley · 31/10/2022 00:06

@underneaththeash It sounds like the OP has broken the law with regards to renting out property. She really should not be doing anything else without being sure of the legalities in her situation. She won't for example be able to claim any monies from the deposit as it has not been placed in a deposit scheme.

Razzle5 · 31/10/2022 07:16

HiveBee · 30/10/2022 20:39

I was advised by family to do exactly the same because it worked out so well for all of them. I wasn’t prepared to live in the locations available though and have my child brought up in that environment. Choice costs money though and my goodness I’ll be paying it for awhile.

But you are also a landlord?

Razzle5 · 31/10/2022 07:17

caringcarer · 30/10/2022 21:19

@Razzle5, no if they have a couple of bank statements and a couple of payslips I accept that as been recvommendef to me by trusted tenants. Where I live in West Midlands in hub of logistics as many motorways meet. There are so many vacancies in warehouses for packers and warehouse staff, drivers and admin staff that anyone who wants a job can get one. I tend to let to couples where both employed too so lower risk. I'm also insured against tenants not paying rent. To be fair I allow some pets too and children.

But how do you know “trusted tenants”?