UK Landlord Forum / Life

Hi all,

One of my tenants has asked me to serve them notice. For context: this tenant is a family friend of sorts, they are looking to move to a city to be closer to their family, and are awaiting a council house. They have asked me to serve them notice/provide a letter stating that I need my house (their current home) back, in the hopes that this will bump them up the council housing list. I am not sure where I stand with this and how to go about it? I know section 21 gives 2 months' notice, of course I wouldn't be taking the matter to court or wanting to spend any money on this, as in truth I do not need my house back, but I think I would like to help them out if possible.

Any advice would be appreciated. Thanks.

It won't help the tenant at all.

Unless they are living in the council boundary of the city they're trying to move to, they have (effectively) zero chance of a council house, and should probably stop wasting their time.

If they are within the council's responsibility, they'll be told to come back when they're about to be evicted after you've got a possession order which the tenant will have to defend in court.

Perhaps they could stop trying to defraud the public purse and rob someone else of a home they're more entitled to.

/Dismounts high horse...

I agree with JPK. Why would you agree to something that is borderline fraud, morally if not legally ? You won't just have to serve S21, there will be court and bailiff costs, forms to deal with, not to mention the expense and time needed to relet? If they miss their family so much they should fork out the extra private rent needed, rather than try to grab some desperately scarce social housing.   

Quote from: NELL14 on October 30, 2023, 08:01:02 AMThey have asked me to serve them notice/provide a letter stating that I need my house (their current home) back, in the hopes that this will bump them up the council housing list.

Councils don't act on this kind of notice / letter. Just explain that to them - or have them watch an episode or two of Can't Pay We'll Take It Away.

Thank you all for your responses, they are very helpful and gives me the response I needed to go back to them! I fully agree with you all. Thank you again. Good day 😀👍

Agree with others, you might soften the blow by telling them that your AST does not include the required term or if true that you did not live in the property immediately prior to their occupation.

In any event they just need a letter of eviction which as stated requires you to take them to Court for £355 and they will have a CCJ against them if they do not settle it within 28 days.

They can certainly make a housing application, the first hurdle is that they have a local connection, if they have not lived or worked in the area they are in now for the time prescribed by the local Council they can be shifted to a place where they do have a local connection.

When they have passed that hurdle, let's imagine their family are up north and they have a local connection there, the next step is whether the Council owes them a housing duty.  They would need to be vulnerable to get on any Council's radar and even then the amount of gate-keeping that is going on at the moment is outrageous. 

If they manage to get the next Council to accept them they will hit the first stage which is that the Council will issue them a Personal Housing Plan, aka "bugger off and find something in the private sector".  They will need to show that they have made copious applications and been rejected.

If they have a serious medical condition that exceeds serious disabilities they MIGHT get a small change in their "priority need" possibly from D to C, but I doubt it.  I have seriously vulnerable clients where possession was granted in September, they are waiting for the Bailiffs and still have no idea where they will go. 

The next stage for your friends is temporary accommodation, this might be a whole family in a hotel room for at least 6 weeks but potentially longer. 

If they manage to get into a dedicated temporary accommodation setting then they should expect it to take at least a year before their priority need changes without other intervention.  They will be asked to bid on at least 3 appropriate properties a week (if any are available) and they will be told where they came in the bidding for each property.  This reflects how many people bid, it will likely be in the 50-100 range for the first year, perhaps two even.  Then when they see the range move to 25 to 50 on several bids in consecutive weeks they know they are slowly moving, but it could be because the property is a shithole.

When they are in the top 3 they get to view the property they bid on, if they win they need a good reason to reject the property and if they reject 3 properties the Council can deem their housing duty voided.

It is worth noting that social rents are as rare as rocking horse shit, they are more likely to be housed in "affordable rent" which is the local LHA for the size of property they are deemed to need (with kids sharing as prescribed). 

Also many Councils are partnering with Private Landlords to provide affordable homes, so after all their efforts they may end up in a place they could have got by going on OpenRent in their old town.

These days bungalows are mostly fitted out and preserved for the disabled, 1 bed flats are occupied by care in the community patients, flats with 2 beds probably include at least one child, I have one client with 3 children in a two bed flat.  Two bed houses might be occupied by a single mother and their child.  All other properties are being bid on by those entitled to more space.

Once someone is approved for asylum they also jump into this system and many have been coached so they have a better chance that your family friend.

Do not participate in fraudulent assertions, evict them if you want more rent simply via S21, they do not need to defend the S21 if there is no defence and in fact that is the cheapest way to limit the costs at £355.  However, the Council will ask to see the S21 and make sure you followed all the prerequisites, if not they may ask a law centre volunteer to file the defence stating your defect.  You will then be liable for the Court Fee!

If they stop paying the rent they will be deemed as intentionally homeless.

It would probably be easier for them to move in with family for a while (with a lodger agreement) and for that family to evict them, they could then apply as at risk of homelessness IF IF IF the Council owed them a duty of care.

Each Council publishes their own Homeless Guidance, for example for Newcastle

https://www.newcastle.gov.uk/services/housing/housing-advice-and-homelessness/what-do-if-you-need-housing-advice-or-are-homeless

Anyone without a priority need will sit on the list for 20+ years if they even manage to get on the list in the first place, they will also need to reapply every year.

Quote from: NELL14 on October 30, 2023, 08:01:02 AMHi all,

One of my tenants has asked me to serve them notice. For context: this tenant is a family friend of sorts, they are looking to move to a city to be closer to their family, and are awaiting a council house. They have asked me to serve them notice/provide a letter stating that I need my house (their current home) back, in the hopes that this will bump them up the council housing list. I am not sure where I stand with this and how to go about it? I know section 21 gives 2 months' notice, of course I wouldn't be taking the matter to court or wanting to spend any money on this, as in truth I do not need my house back, but I think I would like to help them out if possible.

Any advice would be appreciated. Thanks.

Bloody hell, this is just like the collapse of civilisation laid bare.

I am liking the sound of this. That would teach the greedy arseholes a lesson for trying to sharp- elbow their way into a council house.