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Hello, just trying to get a bit of advice for a mate.

 

Her (private rental) Landlord has served her with a Section 21 etc. The date to leave by is actually before the current tenancy agreement runs out, but her Council have said that there are break clauses that are iron cast, so the eviction is legal.

 

Now the Council are telling her they will refuse to put her, her husband and 2 (both under 3 yrs old) children into accomodation, unless she refuses to move, and waits for the Landlord to take her to court to get an eviction order, and land her with hundreds or thousands in charges.

 

Is this right? I thought they had been ordered not to pull that crap anymore :-(

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its very true, i was given the same advice by my local houseing group in september last year after i was given a section 21, , i was told to sit tight untill the day the court apointed balif turns up with a court warrent for the eviction, then i would be put into the urgent need group and given a house as a section 21 is just a pice of paper they dont take notice of any more

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I hope the LL will claim costs of Court Order and Bailiff attendance (£275) from T.

 

LL cannot summarily evict T on expiry of s21. If T does leave she does so volutarily (making herselt & family intentionally homeless)

If she wants social housing, then wait like others on the list being forced to wait longer by such Council advice.

 

Does LL want her to move? If not, why should LL pay to get her evicted?

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I hope the LL will claim costs of Court Order and Bailiff attendance (£275) from T.

 

LL cannot summarily evict T on expiry of s21. If T does leave she does so volutarily (making herselt & family intentionally homeless)

If she wants social housing, then wait like others on the list being forced to wait longer by such Council advice.

 

Does LL want her to move? If not, why should LL pay to get her evicted?

 

The Landlord wants her to move as he is supposedly "selling the property". The reality is, his agents have finally done a survey of the serious disrepair he has ignored for years and has panicked, esp since there is serious damp and 2 toddlers who have been very ill, often with respiration problems.... Why should she be lumbered with eviction costs? She cannot afford them so it will take the Landlord years to recover, IF he finds out where she has moved to ;)

 

She has done absolutely nothing wrong, has never been late with the rent once, so again why should she have to fork out £300 to be thrown out of her home?

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Well, if you knew all that about your mate, why did you not post it in OP?

 

Your OP read that Council was requiring T to be evicted before being eligible for re-housing. Your Q related to ethics of Council making this suggestion. As such, my reply was 'why should LL pay for eviction' just because a T wants Council house!

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Your friend could perhaps find another private rented property? you wouldnt need to wait for the eviction process to be started against you then. On the other end of the spectrum, some tenants go in to private rented with the intention of getting evicted by not paying the rent, just so they can get social housing!

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Your friend could perhaps find another private rented property? you wouldnt need to wait for the eviction process to be started against you then. On the other end of the spectrum, some tenants go in to private rented with the intention of getting evicted by not paying the rent, just so they can get social housing!

 

They cannot afford it, not at the current prices, her partner's hours at work have gone down.

 

It looks like she will have to let the eviction go to court, and then let the Landlord do all the legwork trying to trace her to get his fee's back, which one he finds her, since she is on a debt management plan, means he will be lucky to get £1 a month for the foreseeable future :D Seems such a stupid system.

 

Still Enviro Health are involved now, so the scumlord's woes may be about to get worse.

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