Updating post from Reddit.
Hi,
I have a tenant in a HMO property who is refusing to leave. I had served him a Section 21 notice and applied for a possession order at the end of June. I don't know how much longer I will have to wait to get the order. The tenant then stopped paying rent and has accumulated around 3 months' worth of arrears but does occasionally "top-up" so I don't think a section 8 would work.
The weird thing is that he no longer lives at the property. I can see from the security cameras and the digital lock that he comes to the property every 2-3 weeks to check his letters, sometimes stays for one night, and then leaves again. He doesn't respond to any phone calls, texts, or emails but I did bump into him last week and asked why he was doing all this when he doesn't even live here and he said he was doing it in hopes of getting a council house.
The house itself is completely vacant as I have to cease use as a HMO and let it to a family, but I cannot do so with this tenant still living here on paper. Is there anything else I could potentially do to get rid of him or do I just have to continue waiting for the court? I don't really care about the rent arrears anymore, I just want him gone. Any advice would be appreciated.
Thanks
Two options - the aggressive one would be to tell the council he is not living in your property and so he is potentially not entitled to council housing (if he is a single person he probably isn’t entitled anyway). The non- aggressive one would be to offer him cash for keys though if he really thinks he will get a council property he may not take you up on it. Otherwise it looks like your only option is S21 though you can also use S8 if his arrears are more than two months.
I agree with 1st one here. If he isn't living there, the Council should be aware that he clearly has somewhere else to stay as this would mean they can class him as not being homeless, thus avoiding use of public funds in providing him with alternate housing.
What is the legal basis for sharing this information.
That the tenant isn't stay there isn't protected information - it's on LL whether or not they opt to share said info with the Council.
The landlord could legitimately claim that he doesn't want to be party to an attempt to deceive the council, in their allocation of social housing.
The same information might also help speed the court's decision about the possession order.
We don't know there's any deception. All we know is that they aren't sleeping there.
It's here:
>I did bump into him last week and asked why he was doing all this when he doesn't even live here and he said he was doing it in hopes of getting a council house.
There is clearly deception if he is staying somewhere other than where he rents, if he's asking the council to re-house him as he's going to be made "homeless", it's clearly a lie as he's not even staying there at present anyway so he clearly does have another place to stay.
As a single male he is at the very bottom of any housing list, vulnerable women, single women with children, elderly, single women, men with children, men with difficulties and then single males. Most men are told, up until the age of 45 they are best to go into a HMO and are pretty much refused a property unless they've just came out of prison, have children or a mix of circumstances which are not for all intent and purposes, making themselves homeless, if landlord tells them he's forgiven the tenants 2 months rent which he is behind so he can use that to rent somewhere else, the council will never re-house him.
The council won't rehouse him if he has rent arrears. We've recently been through this and had to prove we didn't have rent arrears in order to be granted housing. Surely, if he's not been there for 3 weeks, it should be assumed he's not living there anymore, and locks could be changed and an agreed time to collect his belongings?? If that's not how it works, maybe someone else will say.. if it's not that the house is now yours, you'll have to wait for the courts and bailiffs to do their work or pay him off to leave.
Only courts can issue an eviction unless it's a cash for keys situation. If the tenant had disappeared i think it is a form to the courts but the fact they return every 3 weeks means they are still technically there.
How is fannying about between two addresses and getting into debt going to help him get social housing? He sounds like a doofus, just give him a reality check that the only way this ends is with a money order. And local authorities can exclude people with rent arrears from the housing register regardless of reasonable preference, so tell that too.
As for the eviction, you're doing the right thing. Just follow the process and not do anything daft like changing the locks.
If he’s evicted by bailiffs then he will be homeless and as a result, I believe the council is then responsible for him regardless of any arrears as long as he privately rented.
The councils and housing officers openly advise these people to wait until bailiffs turn up. It’s disgraceful but that is what they do.
Best would get is a b&b hostel and that could be anywhere and he wouldn’t get that straight away either. So he’s living in lala land if he thinks he’s gonna get a nice cozy council apartment.
Issue an S21, and, serve an abandonment notice. https://www.totallandlordinsurance.co.uk/knowledge-centre/ultimate-landlords-guide-to-abandonment-notices#:~:text=An%20abandonment%20notice%20should%20contain,to%20challenge%20the%20landlord’s%20assertion
Only thing here is that if he isn't vulnerable in some manner (medical or mental health needs, usually) then the Council can tell him he's not in 'Priority Need' - meaning they won't have a Duty to house him and thus the rent arrears could still be held against him.
Yeah well, when they say house they mean, a roof over his head and that ain’t gonna be a nice brand new one bed, it’s gonna be a dark b&b, homeless hostel anywhere.
He’s deluded.
He won't be housed by the council, as they will classify it as intentional homelessness due to the rent arrears.
Only if he gets evicted for rent arrears which I believe is a section 8. If a section 21 is used then, no reason for the eviction is needed or given.
My local council have been asking, if he they were in any rent arrears prior or during the eviction .
Any reasons not to house people they need now.
Yeah wouldn’t surprise me, but can’t see many admitting that’s the reason.
I mean they are asking the landlords and I'm honest.
If they took the piss I will tell the council
He won’t be able to get council housing with a rent arrears. That would disqualify him. You should inform him of that.
One left in the house? Me I would move into the house. And make him a lodger. Very easy to argue a lodger is actually a tenant. Should be same to argue that a tenant is now a lodger.
Would love to hear from anyone who can comment on the above - if it's even possible/allowed.
Appreciate above is not for everyone.
Can't just "make him a lodger" if he's got a tenancy agreement.
It’s not for everyone it’s also not how it works