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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:
Glorybox2025 · 28/02/2025 17:59

kaos2 · 28/02/2025 13:46

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

Oh wow no she won't, do you even know the law around ending a tenancy?

Glorybox2025 · 28/02/2025 18:00

johnd2 · 28/02/2025 13:48

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.

Show quote history

A section 21 doesn't even end a tenancy. It just gives tenants notice that the landlord wants the property back.

Glorybox2025 · 28/02/2025 18:00

kaos2 · 28/02/2025 13:49

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

Damn lucky! If you intend to continue to landlord please acquaint yourself with the law!

Glorybox2025 · 28/02/2025 18:02

thiswilloutme · 28/02/2025 14:23

It's a terrible system, a friend was asked to move by her landlord as she needed to move back into the house, from her retirement flat, to care for GC after her DD's death the flat was too small and no-one under 60 allowed to live their anyway.

My friend approached the council who said she had to wait to be evicted by bailiffs, which she was not willing to do as she had a very good relationship with the landlord and thought it would be unfair and unethical. She ended up, with her DC in a small caravan on a friend's drive. The council are still not willing to house them as they say she made herself intentionally homeless. It's crazy.

Very silly of her to make her children homeless to suit someone else.

Mrsbloggz · 28/02/2025 18:13

Very difficult OP😟

Original poster
1744sunset · 28/02/2025 19:37

Huckleberries · 28/02/2025 14:01

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

This is what it seems to be council won’t act until we evict her. Yes section 21 in November. husband has contacted the council and her social worker trying to work with them but they just aren’t interested until it becomes an eviction. I know it’s not my problem but we really want to help her move on.

OP posts:
Original poster
1744sunset · 28/02/2025 19:39

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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Why not. She had great references. Never missed her top up and council paid every month.

OP posts:
Original poster
1744sunset · 28/02/2025 19:43

yoghurttops · 28/02/2025 15:08

I’ve been the tenant in this scenario. I just left the 3rd rental with my child whereby the landlord has had to sell - and it’s just so frustrating that the housing market is so so unstable for families that can’t afford to buy - yet arnt “needy” enough to the government for social housing or support. I work full time, single mum and have little involvement from government / SS (except the UC top up and CB).

The first 2 times it happened I could afford to move, and did. However the 3rd time I visited over 20 properties and couldn’t afford anything at all! Edited to add I was bringing home about £2k pm. My last rental was £1.2k (a small flat 1.2 bedrooms) and I couldn’t find anything on the market below 1.6k - I wouldn’t have been able to cover bills and food at all.

I felt bad for my landlord but for the council to help me I had to stay put or else me and my child would be on the streets and the council would say it’s my fault!

It took a year in total, although you have the section 21 or section 8, it then takes aaages to get a court date for an actual eviction and the council only react when you have an actual eviction date. Anything before that, they will tell tenant to stay out and treat it as an unlawful eviction.

So I stayed put. And we both had to ride it out. When I was finally evicted I went through months of horrific BnBs and hotels and hostels - sharing a room with a pre-teen for months - so it’s not a glamourous life at all - my crime was probably not earning enough.

Good luck OP - I know it’s been tough on landlords, but this free market means vulnerable tenants are suffering.

Edited

Honestly my heart goes out to you. We won’t see her homeless and just hoped a section 21 would start a council process to rehome her but it’s just brutal. just struggling with the council and court process.

OP posts:
Glorybox2025 · 28/02/2025 19:45

1744sunset · 28/02/2025 19:43

Honestly my heart goes out to you. We won’t see her homeless and just hoped a section 21 would start a council process to rehome her but it’s just brutal. just struggling with the council and court process.

Edited
Show quote history

She'll be housed if she's eligible, as soon as you evict her. You aren't actually tipping her out onto the street!

Dillydollydingdong · 28/02/2025 19:47

I asked a tenant of mine to leave and she has ended up going into an Airbnb on a long term basis. She discussed with the owner and they agreed a rent. Maybe she's just lucky?

Original poster
1744sunset · 28/02/2025 19:58

She also had two dogs one is a service dog. We did t have a problem at all with this but it seems most private landlords aren’t taking pets.

OP posts:
Snowmanscarf · 28/02/2025 20:03

I’m guessing the dog situation isn’t helping. A landlord may consider one dog, especially if it’s an assistance dog, but not two.

Youagain2025 · 28/02/2025 21:01

1744sunset · 28/02/2025 19:43

Honestly my heart goes out to you. We won’t see her homeless and just hoped a section 21 would start a council process to rehome her but it’s just brutal. just struggling with the council and court process.

Edited
Show quote history

@1744sunset try not to worry about the tenant to much. Its just how the system is. She will be ok . Especially long term. Once she gets social housing she won't have to worry again. Its to easy but it will be worth it in the end. And you need the house back just try and see it as process.

WellerUser · 01/03/2025 13:09

1744sunset · 28/02/2025 19:58

She also had two dogs one is a service dog. We did t have a problem at all with this but it seems most private landlords aren’t taking pets.

Can you sell to a landlord with her as a sitting tenant?

Glorybox2025 · 01/03/2025 13:29

WellerUser · 01/03/2025 13:09

Can you sell to a landlord with her as a sitting tenant?

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It's tenant in situ not sitting tenant and this would lower the price a lot

Northernladdette · 01/03/2025 17:12

You’ve given her plenty of notice, she has a social worker to help her out. Unfortunately for her you’re not obliged to help her out, you’re her (soon to be ex) landlord, not her carer 😢

KmcK87 · 01/03/2025 17:51

You’ve had good advice on this thread already but having dogs definitely complicates things. It’s highly unlikely even council will be able to find her temp accommodation with the dogs. But that isn’t your issue, you seem like you’ve done everything correct so far.

ReadingSoManyThreads · 01/03/2025 17:53

Huckleberries · 28/02/2025 14:01

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

It actually is unlawful for councils to give the "stay put until bailiffs arrive" advice.

Landlords have taken councils to court over it and won.

However, councils are a law onto themselves and continue to act unlawfully.

@1744sunset you need to instruct an Eviction Specialist - Mark Dawson of AST Assist comes very highly recommended by many landlords. Do not use a solicitor, they are not specialists and will end up costing you a fortune.

Emmz1510 · 01/03/2025 18:03

Don’t think of it as harsh, think of it as giving her the proper proof/opportunity to be able to pursue things formally.

Nikki75 · 01/03/2025 18:05

Your tenant will only get help if she is unintentionally homeless as in you go through the eviction notice.
Your tenant then contacts her local housing association then they have to help her.

Glorybox2025 · 01/03/2025 18:28

ReadingSoManyThreads · 01/03/2025 17:53

It actually is unlawful for councils to give the "stay put until bailiffs arrive" advice.

Landlords have taken councils to court over it and won.

However, councils are a law onto themselves and continue to act unlawfully.

@1744sunset you need to instruct an Eviction Specialist - Mark Dawson of AST Assist comes very highly recommended by many landlords. Do not use a solicitor, they are not specialists and will end up costing you a fortune.

Show quote history

It might be unlawful but they can't prioritise someone with a home to sleep in that night above someone who doesn't, and they don't have access to enough accommodation to house everyone, so they prioritise those with nowhere to sleep. If they don't wait to be evicted they won't be top priority.

catlover123456789 · 01/03/2025 18:36

Yes, you need to go through court. She's had 3 months. I gave my tenant 6 and he claimed he couldn't find anywhere... then he trashed my flat and it wasn't until there were eviction papers delivered that he actually went.

CosyLemur · 01/03/2025 18:51

kaos2 · 28/02/2025 13:46

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

Some councils including my own won't do anything until the courts say they have to.
Unfortunately too many private landlords won't accept people on benefits; and housing needs outweighs the amount of properties available.
In the area I'm in the council currently won't even house you in a hostel unless you have children.

Somersetmumma28 · 01/03/2025 18:54

kaos2 · 28/02/2025 13:46

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

S21 is two months notice.

Somersetmumma28 · 01/03/2025 18:58

Agent of 30 years here….check you gave served the notice correctly
ie gas certs at start of tenancy and every year since and have proof that tenants has them
how to rent guide served
deposit protected and all the prescribed info given to tenant
you MUST have proof of the above
the new bill will be passed soon so you have limited time to get it all right.

council will not give her a property until the court orders possession and possible up to the date a bailiff needs to come - I have just had to do this.

good luck