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Secton 21 on tenants request for council place - not leaving

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Author Topic: Secton 21 on tenants request for council place - not leaving  (Read 67 times)
Posts: 9

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« on: February 26, 2020, 03:50:14 PM »


I know this is probably really common .
I have had a tenant in my small  flat in Bristol for the last year initially on a 6 month agreement now rolling.
I rented to just him then he moved his partner with child in - then she was pregnant and has now had the baby (the flat is really most suitable of 1 person and perhaps a couple ).

They are on the council list  hoping for a place .
They asked me to give them a section 21 thinking this would give them more points with the council.
 I was reluctant but did rather have some one with a shorthold agreement to give me some security .
I made it clear that if I did then and they didn't get a council place they would still have to move out as I would probably have a new tenant ready to move in.
He reassured me that they would and planned to move in with his uncle

Well as you might guess. They section 21 date is 3 rd March I have a new tenant expecting to move in on the 4th and they don't have a council place - say his uncle is being evicted so they can't move in with him .
He says he will go to the council Thursday 28 the February to see if they have a place .

I think it unlikely - also from what I hear the council is likely to advice that they don't move out despite the section 21 and if they do the council will consider they have made themselves homeless and won't then re-house them!

I don't see there is much I can do - I just feel for my new tenant a young nurse who is expecting to move in  - I haven't told her yet as I'm still hoping he will stick to his word.

My little flat is terribly overcrowded with two adults a  child and a baby - this makes me look like a slum landlord ! - it's hard for us landlords not to get  a bad reputation eh ?

I probably won't take it to court for eviction as - he is paying rent (so far) and it seems unlikely the courts would allow the eviction of this young family.

If you have read all this then  well done and thank you .
I just need to voice it - but if you have any comment or advice - then that would be appreciated.

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« Reply #1 on: February 26, 2020, 05:28:43 PM »

A Section 21 is guaranteed eviction - unless you've not done something you should have done, like failed to protect the Deposit or something like that? The Court doesn't have leeway in the matter - only for Section 8 where there can be things like counterclaims for disrepair and things like that.

You say you don't see there is much you can do - but I am not sure your incoming Tenant will agree. You will be on the hook for providing alternative accommodation for the incoming Tenant, surely? Just because you haven't got your things sorted out doesn't mean you aren't liable for fulfilling your end of the agreement... assuming you have an agreement? Isn't this a concern?
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