A landlord has taken to the local media in his area to express outrage that a council has failed to find accommodation for a tenant - after six months of waiting.
Landlord Gary Mortimer needs to sell his buy to let as the mortgage is nearing its full term, and is now forced to apply for an eviction notice against his tenant - although he says the tenant has been fine and they have a good relationship.
Earlier this year he issued the tenant of 10 years with a Section 21 notice meaning they had six months to find new accommodation. The tenant immediately applied to the council for housing, but the deadline has passed with no progress.
“I phoned the council on October 7 to see what’s happening with the tenant’s accommodation, and they said they hadn’t found her anything. They’ve had six months to do this. What’s the point of the law if they’re not taking any notice of it?” Mortimer has told the This Is Wiltshire news website.
“The council is just palming it off and waiting until the eleventh hour. Six months is a long time for them to know if they are in a position to do something for a potentially homeless person or not.”
A spokesperson for Wiltshire council has told the website: “When a landlord provides a tenant with written notice to leave a property, we will work with the tenants to create a personal housing plan as we have a duty to help them avoid homelessness. We will help them to try and secure another home which may be social housing or another private rented property.
“The demand for accommodation is extremely high and we do all we can to try and prevent families from becoming homeless, but it isn’t always possible and in some cases families are provided with temporary accommodation until more suitable accommodation can be found.
“If a family decide they do not want to leave the accommodation they are past the notice expiry date we would explain the rights they have and the implications if they decide to stay.
“The council is not able to force a family to leave or give them permission to stay in a property. Our role is to advise tenants on their legal rights and explain the options available to them and the implications of each option. Once the tenant has made a decision about what they are going to do we would continue to work with them to secure suitable alternative accommodation.”
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This is so normal that it’s not even a story. Councils advise tenants to stay put and see the whole process through, then on eviction day (with the bailiff) they will sort out emergency accommodation. In terms of housing Councils work in emergency mode only. I’ve been through this myself, currently having to do it a second time.
From my experience the council will do everything they can to find a technical reason why the notice is not lawful etc just to postpone the problem for themselves.
i believe council is in contempt--needs a test case
Another case of a landlord trying his best only to be thwarted by Council incompetence.
He's done his best and just needs to tell the Council his tenants will be homeless on the due date and over to them to sort it out.
On the other hand, the tenant has had six months to find somewhere for himself. What effort has the tenant made to help himself?
Council called me and said after S21 expired...by the way so you know you can not evict tenant until and unless Bailiffs arrive. We will help tenant afterwards but you need to apply to court!
I asked them to provide this in writing and waiting till today. Tenant informed me that council lady asked them to stay put if they leave earlier then council will treat them voluntarily homeless and will not be able to help...proper non sense and corrupt practice by Council
Yes, this is exactly what they do, one council advised me that the section 8 notice is wrong and I need to provide section 21 notice with the tenants present with her. I told her to get a good education in law and that the tenants are going to loose their child due to her incompetence and put the phone down. The breach of contract was housing a child in an accommodation not suitable for children. The tenants left on the section 8 notice date.
This is a non-issue being made into a problem by naive landlord. We know council will not house anyone until evicted with a court order. A tenant after 10 years of being in one property wouldn't recognise the rental market. So help them move by explaining the rental market situation to them and the cost of eviction that they will have to pay etc. Tell them you will return their rent money of the month they move out to help with their relocation and that they can move anytime during the 2 month notice period. This has worked every time so far for me, only difference in my case is I return the difference between they moving out and next tenant moving in provided they cooperate with me with viewings.
Need to change the law. Not wait for last minute then the cost goes up for the council and councils have problems finding properties for the tenants.
Make them liable to rehouse tenants when section 21 or section 8 notice is served.
What is wrong with selling the house with a tenant in occupation ? It is the tenants home why can't they stay? If you take on tenants my view is they can stay for as long as they want Long as they pay and behave or don't rent your property. It is different if the tenants is told before they move in that it is only a short term let as you intend to sell or move back into the property the tenant can then make a choice.
Jim Haliburton
The HMO daddy
Going back to the late 80s I purchased some properties with tenants in, they weren't the kind of tenants that I wanted so they had to go.
Makes sense to me.
OK. You need to find out from us what the process is. During Covid the timescale can be a bit longer. I have been thru this twice with collusion from Councils, Estate Agents, Housing Charities, Lodgers, Tenants, Solicitors, etc. All of whom kept me in the dark. It is Them V Us.
There is a process. It took me ages to find out the exact process & if u get a word wrong - you are out. I eventually figured it out and then assumed it was an ethical avoidance plot to deprive the Council / Housing Charities ( it is - so be careful). Most cases are not genuine. Ask me.
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