Tenant has no where to go. How do we move firward

[1744sunset]

We are selling our rental and gave the tenant notice in November. She has a social worker and recieves benefits. The council have said they won’t find her somewhere unless we go to court to evict her. She is willing to move but just simply can’t find any where. Do we need to through court? It just seems so brutal and uncalled for.

Does she lack capacity?
Is her deposit in a secure account scheme?

Brutal though it may seem, her problem is not your problem.

The council will not act until you do this

The council need a section 21 notice to start acting for her. If you have contact details for the social worker let them know that you will be serving it.

Yeah you either need to go through the courts or would helping her yourself be an option? Find somewhere suitable and pay the deposit over, plus first months rent? Be cheaper than court fees.

And double check it’s filled out correctly. I had friends who received an incorrect one so they told the landlord it wasn’t done right on the final day of their notice and the landlord had to do it again, and start the clock again.

Unfortunately yes
Council demand outstrips supply so many councils won't do anything until a tenant has an eviction date, often the section 21 is not enough.

Yup. You need to go to court and evict her. She doesn’t need to leave until the bailiffs turn up. It’s not cheap so be prepared to spend quite a bit on this.

If you give the deposit back then she needs to get another private landlord that takes benefits as rent. Could you help her find somewhere, offer to move the deposit over? Could you speak to her along with her social worker?
It might cost more to go through court but the council won't take responsibility til she's actually evicted I think.

Have you given her a section 21? She will literally have to leave a month after being served . She isn't your problem , harsh as it is . She will
Need to go to the council that day and get housed in a hotel etc until they sort something. She can't just stay there , it's not her house .

I've just done this with our rental as I have to sell it

Actually it's 2 months minimum assuming they pay monthly and are on a periodic tenancy, and the section 21 just ends the tenancy it doesn't gain possession, that's what the bailiffs are for.

@johnd2 guess I've been lucky they left then !

can you sell to another landlord with tennant in situ?

Landlords are selling up in droves now -if you were able to find one to sell to with a sitting tenant on benefits they would probably bargain for a big price drop.

She can't just stay there, it's not her house.

As a tenant she can stay until the bailiffs turn up. And the council will not rehouse her until that point, so she doesn't have much choice.

OP, it is a really crap system. Good landlord don't want to go through the courts, nor do good tenants. But the system means there's sometimes no other choice.

She’ll understand that you have no choice. Just as you understand that she doesn’t. Do what you need to do.

Sadly, yes.
She has to be made homeless through no fault of her own or the local authority won't help her.
So it's going to cost you money and cause stress all round because it's the only way she won't be left homeless.

It’s the social worker’s job to support the tenant. There will be a reason the tenant has a social worker and that reason may well give the tenant some priority on the council housing list. But the social
worker can’t get the ball rolling on housing until they have the section 21 notice.

Some councils won't help till bailiffs turn up. It's appalling and ought to be against the law.

Yes you will have to follow the legal process to evict. It doesn't make you a bad person. Its just a crappy system and your Tenant won't get rehoused unless you do.

It's actually better for your tenant if you do go through court as they will then have to put her in temporary accommodation

Councils used to have lots and lots of properties for rent. That’s no longer the case, and we all know why.

Thankfully when my children and I were made homeless when our landlord sold up we just had to present at the council on the day our tenancy ended. It’s not nice, it’s scary and horrible to not know where you will all be sleeping. And believe me I looked at every flat and house in the area and due to being a single parent on a low wage - part time due to shifts and disabled son my affordability wouldn’t get me anything bigger than a bed sit and I couldn’t even get that due to the 5 of us overcrowding. It’s not fun. And it’s not our faults any more than it’s the landlords fault tbh. 5 years later I moved out of temporary into my own place. It was tough. I hope things work out, keep lines of communication open and explain what you need to do.

Yes, this is how it is. You’ll serve her an eviction notice and the council will tell her to remain in the premises until the bailiffs come with a possession order. If they leave beforehand the council will likely consider they’ve made themselves voluntarily homeless.

It’s her issue at the end of the day, but if she has nowhere but the council to turn, they’ll sure as shit make it your issue.

Yes but the stress to landlord and tenant is appalling

kicking the can down the road doesn't make the problem go away

makes a lot of money for lawyers