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Evicting Someone To Get A Council House

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Author Topic: Evicting Someone To Get A Council House  (Read 150 times)
Newbie
Posts: 3

I like property

« on: November 12, 2019, 03:51:06 PM »

Newbie alert! I have started managing my properties myself, but have realised that I am woefully uneducated with various legal parts of the BTL process.

Currently, I have a tenant that is underpaying the rent because her benefits have been cut. She needs me to issue a notice of eviction to get on the council housing list. I gave her a section 21, but that was rejected as the "wrong form". Should I be using a section 8? If so, is there one available to download and are there any other things that the council may catch me/us out on.

Thanks, and having read the newbie guide, I can assure you that I am here for more than a single post!

Thanks in advance.
Sr. Member
Posts: 288

I like property

« Reply #1 on: November 12, 2019, 04:02:03 PM »

That's.... not how council housing list works. In any event, conspiring with one's landlord to get evicted is making oneself deliberately homeless.

Either evict her or don't because she's in arrears. Don't collude with your tenant.

Section 21 on Form 6A if in England. Section 8 on Form 3.
Newbie
Posts: 3

I like property

« Reply #2 on: November 12, 2019, 04:04:40 PM »

Thanks KTC. I will try section 8 (form 3) and report back. Just found it on the gov website.

It's good to find out I am not as clued up as I thought. Better than being stung.
Global Moderator
Hero Member
Posts: 3215

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« Reply #3 on: November 12, 2019, 04:19:41 PM »

Section 8 - Ground being rent arrears - will likely result in your Tenant being seen as making themselves intentionally homeless.

Section 21 - no fault eviction - likely won't.

So you had best be aware of what your intentions are going into this (I offer no opinion on that).

You said your Section 21 was "rejected"... I am going to assume by the Council, not a Court? The Council aren't arbiters of what is valid and what isn't - it's in their interests to have you running around in circles forever... they don't want your problem on their hands... if they can pull the wool over your eyes (especially in the guise of being helpful) they will, be wary. The Council is not on your side.
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