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Original poster

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

157 replies

1744sunset · 28/02/2025 13:16

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.

OP posts:
GetMyAgentOnThePhone · 28/02/2025 16:14

The Right To Buy itself wasn’t the issue. It was the fact the local authorities and councils were legally prohibited from using the funds generated to build more social housing.

Yalta · 28/02/2025 16:15

MemorableTrenchcoat · 28/02/2025 16:02

Who said I wanted anything? I simply think it’s quite clear why so many people take a dim view of landlords.

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Well if you demonise all landlords and make it more expensive for them to rent out their properties then you either drive the good ones out of the market or they turn their places into short term lets and that equals fewer long term rental properties

Demand then outstrips supply and that just means rents go higher

All Government legislation to drive out slum landlords and reduce rental properties hasn’t affected the slum landlords who were never going to take any notice and are doing better than ever because there are so few rentals available

MemorableTrenchcoat · 28/02/2025 16:21

Cyclingmummy1 · 28/02/2025 16:10

I'm assuming you gave notice via a Section 21? If the 2 months have elapsed then you will need to start proceedings.

It's unlikely in this case that the tenant will voluntarily move and realistically you can't market it until they do. We tried with a professional family in situ, the photos showed dirty washing on the floor, a dirty kitchen and an overgrown garden. Not the image we wanted.

On another note, I don't understand the demonisation of right to buy. If families hadn't bought, they'd still be paying rent to live in those properties. It wouldn't have created any more availability.

Right to Buy was not, in and of itself, a bad thing. However, properties, which were built, owned, maintained and upgraded by councils, were practically given away in the early days. This was not a good use of public funds. Furthermore, councils were profited from using the proceeds to build replacements. So, now we have a situation where there is a chronic shortage of social housing, and many homes, which were originally built as social housing, are now privately-owned, and being let to low-income tenants at the full market rate.

ByQuaintAzureWasp · 28/02/2025 16:23

Evict. No other option unfortunately. The system is designed to make money for lawyers.

MyDeftDuck · 28/02/2025 16:24

Is it a case of 'can't find anywhere' or the alternatives she has looked at are too expensive - not to her taste - not in a preferred location? Either way it is not your problem so serve a Section 21 and move on with the sale of YOUR property

Wavescrashingonthebeach · 28/02/2025 16:24

You say you've given her notice but have u actually done it as a section 21? They're quite simple. I had to get my landlord to do one for me so that I could get onto the housing list. Do the section 21 and that should get things moving hopefully!
You don't have to take them fully to court and there was no charge, my landlord just did a copy and paste job it was easy.

Snowmanscarf · 28/02/2025 16:24

theboffinsarecoming · 28/02/2025 13:21

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

This.

MichaelandKirk · 28/02/2025 16:30

I am on the fringes of property. Courts are taking months to evict and what we found is tenants who weren’t paying their rent would just sit tight (without paying a penny) until the court agreed the eviction. I note that your tenant IS paying rent btw.

In almost all cases the rental was trashed. So no rental income and £££ to put it right, in the end my company has decided not to do any more rentals and just sell up.

This will make the rents higher and higher because there are less LL’s around.

Its a awful set up and although due to inheritance I could buy a small BTL now I know what I know I wouldn’t dream of it.

sandyhappypeople · 28/02/2025 16:32

Snowmanscarf · 28/02/2025 16:24

This.

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Not "this" at all.. if you are a landlord, you have a responsibility towards your tenant.

Telling your tenant "Tough shit, I'm selling up" Without following proper channels, meaning your tenant is unable to access the help they need to be able to move out of your property is just shooting yourself in the foot!

Too many half arse selfish landlords about, happy to take a tenants money every month, but not willing to follow a simple procedure to help them acquire another property.

Bupster · 28/02/2025 16:44

JemimaTiggywinkles · 28/02/2025 13:53

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.

Came here to say this - councils often want to help but are so overwhelmed that they can only put people at the top of their housing list when they literally have nowhere else to go. If you haven't already, it might be worth looking at market prices right now and having a chat to her about her next move - depending on where you are, council provision might be fairly awful and possibly not even in the place where your house is, and she'd be better off focusing on finding another private rental.

Rosesanddaffs · 28/02/2025 16:44

SophiaSW1 · 28/02/2025 13:21

The council will not act until you do this

@1744sunset this statement is very true, we are in a similar situation but have had to issue a court order and then get bailiffs in as the council will not house our tenant unless she is homeless and if she leaves of her own accord with nowhere to go they will not rehouse her xx

bakedFishandChips · 28/02/2025 16:44

This is so angering.....we have a flat nearby by a lady who died and now they are selling it because are bloody lazy to do it up and offer to someone in real need

bakedFishandChips · 28/02/2025 16:45

I mean a council flat. They are selling them but refuse to house the needy people

Cherrysoup · 28/02/2025 16:45

Don’t know if anyone has yet mentioned this-accelerated possession. I would have found it incredibly useful had my idiot alcoholic aggressive tenant hadn’t left after we served the Section 21. Fortunately he did actually leave on the required date! This was used by an acquaintance and it took her 2 months as opposed to 12.

www.nrla.org.uk/resources/ending-your-tenancy/applying-to-court-after-serving-a-section-21-accelerated-possession

RatedDoingMagic · 28/02/2025 16:49

You need to start the official eviction process. Don't think of it as a negative thing. It is a kindness. People with an eviction order are prioritised for being rehoused. Your tenant is not currently a priority. Once the court process is initiated she will become a priority. This is a good thing. Do not be ashamed, the eviction process done correctly with plenty of notice does not have to be brutal. You will not be throwing her out onto the streets and you will not actually have to appoint bailiffs. Once the court order is granted and you have permission to enact a legal eviction, then the council will act. It's annoying but the council have to have prioritisation rules and this is the one that applies.

Youagain2025 · 28/02/2025 17:01

AngelicKaty · 28/02/2025 15:29

"Let them eat cake" eh? OP posted that her tenant has been looking for new accommodation, but can't find anywhere she can afford. Have you any idea how unaffordable renting in the private sector has become? Do you not read or watch the news? OP's tenant would have to find the deposit and first month's rent on a new rental (unless the LA are prepared to give her a DHP but even then, she'd have to be able to afford it going forward), which will likely be significantly higher than she had to pay for OP's property. Not to mention that many private landlords won't accept tenants in receipt of benefits (the shortage of private rental properties means they can pick and choose from around 30 applicants per property - this also explains the huge rise in private rents). OP's tenant has a social worker so will be classed by the council as vulnerable - for her future security, in a property she can afford, it would be better if she holds out for local authority or HA housing, even if it means she spends some time (could easily be more than two years) in emergency/"temporary" accommodation.

Edited
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Well said 💐

Thelittleweasel · 28/02/2025 17:06

@1744sunset

You do indeed need to go to the County court. This is one of the problems of "tenants on benefits". The court will almost certainly grant you possession at a particular date but the council will probably advise the tenant to stay put. [In my view this may be contempt of court but as far as I know no one has ever tested that by calling the person who gave that advice to tenant to explain the action to the court]. The fun starts there for you as you will then have to escalate the matter to the High Court to instruct bailiffs. They have the power of entry and can physically remove the tenant.

If the tenant were to leave before a court hearing the Council may take the view that this is making themselves voluntarily homeless and thus not eligible for any help for housing

Dollydaydream100 · 28/02/2025 17:16

theboffinsarecoming · 28/02/2025 13:21

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

This I'm afraid. It's awful but you'll have to evict her - then they'll have to re-house her.

allthemiddlechildrenoftheworld · 28/02/2025 17:20

@1744sunset yes you will need to evict her!! hope you arent in scotland though! the evictions used to be processed at the sheriff courts and it would take a max of around 6 weeks!! snp in their infinite wisdom decided to create a fat cat unit to deal with private evictions. (the councils still go to sheriff court) this unit can take a year before you get your tenant out! that goes for the ones who dont pay their rent too!!!

Dollydaydream100 · 28/02/2025 17:24

oakleaffy · 28/02/2025 15:07

Who on their right mind would rent to someone on benefits?
When we rented landlords were very strict about this.

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Couldn't agree more. Unfortunately when councils started sending housing benefit straight to the tenant it meant a lot of them deciding to stop paying their rent 🤷‍♀️

Also this:
OP if you don't hurry up the renters right bill will be in place and you'll find it harder to evict
you really want to get cracking OP. Like now.

Dollydaydream100 · 28/02/2025 17:27

I never understood the demonisation of landlords. It is so obvious. that if you force them out of the market, there will be a shortage of rental property.

Yep, and now Labour have accelerated things x 10. Go figure 🤷‍♀️

TeddyOatmeal · 28/02/2025 17:30

Once you have served the S21 the social worker should complete a duty to refer. A guide to the duty to refer - GOV.UK
This might help your tenant to get helped quicker by the LA, depending on your LA of course and what stock they have

forgotmyusername1 · 28/02/2025 17:56

When people ask why landlords don't want to let to tenants on benefits...

Wavescrashingonthebeach · 28/02/2025 17:58

forgotmyusername1 · 28/02/2025 17:56

When people ask why landlords don't want to let to tenants on benefits...

The thing is I wasn't on benefits when I needed to go on the housing list. I was working full time. I couldnt afford to move out of my flat to a similar (but larger as having a baby) property so the landlady served me a s21 to help push me up the priority. She was selling the property anyway and it was falling to bits.

Glorybox2025 · 28/02/2025 17:58

If the council were to house people before they get evicted they would end up housing people who could otherwise find their own accommodation. They simply don't have the capacity to house everyone who gets served a section 21 notice and so they only house those who absolutely can't make any other arrangements to the point of being evicted. Very few people wait to be evicted from their homes if they have any alternative at all.