Private Landlord with council tennant.

[loz1234]

A few years ago i rented my house to my brother who claims help with his rent.. Throughout the tenancy the council have messed about with the rent, and so i have been thoroughly messed about, but as it was my brother i did not force the issue. if it had been another landlord he would have been given his notice a long time ago. I complied with all the paperwork and issued him with a tenancy agreement and even though he did not pay me a deposit i put on the tenancy agreement that he had paid a deposit, because he thought the council may have been suspicious. The house is now going up for sale and we are trying to get my brother a council house. I have served him with a S21 notice which expires in about a week. My brother went to see the council who told him not to move out when the notice expires, they told him if he does move out he will not get any where to live. They sent me a letter telling me that i would have to apply for a court order to get the tenant out. This make me so angry, when they have messed about all through the tenancy. I have looked on line at the forms i need to fill in for an accelerated possession order but what i am concerned about is the deposit thing. It asks if a deposit has been taken and then asks for the Tds number, but as i said before i never took a deposit from him. Any ideas on how this will go and how to proceed.

 

Many thanks

[Batfink]

A few years ago i rented my house to my brother who claims help with his rent.. Throughout the tenancy the council have messed about with the rent, and so i have been thoroughly messed about, but as it was my brother i did not force the issue. if it had been another landlord he would have been given his notice a long time ago. I complied with all the paperwork and issued him with a tenancy agreement and even though he did not pay me a deposit i put on the tenancy agreement that he had paid a deposit, because he thought the council may have been suspicious. The house is now going up for sale and we are trying to get my brother a council house. I have served him with a S21 notice which expires in about a week. My brother went to see the council who told him not to move out when the notice expires, they told him if he does move out he will not get any where to live. They sent me a letter telling me that i would have to apply for a court order to get the tenant out. This make me so angry, when they have messed about all through the tenancy. I have looked on line at the forms i need to fill in for an accelerated possession order but what i am concerned about is the deposit thing. It asks if a deposit has been taken and then asks for the Tds number, but as i said before i never took a deposit from him. Any ideas on how this will go and how to proceed.

 

Many thanks

 

But that's the law...A section 21 notice does not end the tenancy, it merely informs the tenant that the Landlord wishes to apply to Court for a Possession Order. If your brother moves out before a Possession Order is enforced (ie before the bailiffs have been instructed, probably) then he will be seen as making himself Intentionally Homeless and won't be entitled to any help from the Council.

 

If you didn't take a deposit, then you can't have protected it so leave that bit blank.

 

Is the section 21 correct in terms of giving enough notice and ending on the right date?

 

From this point, it will probably be about four to five months until your brother is rehoused, and that could possibly be in B&B accommodation.

 

Also, as you have said that if it had been any other Landlord (by which we can presume any other tenant, rather than your brother) then the notice would have been given earlier, it could be classed as a "contrived tenancy" for the purposes of Housing Benefit payments and all payments you've received could be claimed back by the Local Authority.

[loz1234]

I do understand that but he needed somewhere to live and i get substantially lower than the market value of the house. I was just trying to help him out of a situation. The section 21 is correct and the council have acknowledged it is correct.

[loz1234]

I am right in saying once the S21 has expired i need to apply for a possession order.

 

Many Thanks

[Steve__M]

As you are already aware that your arrangement was potentially "suspicious" you might want to tread carefully. Even though your brother might legitimately have obtained housing benefit when renting from his brother, my (one) second-hand experience is that councils are desperate to cut their housing benefit budget and are prepared to ignore the law when doing so.

 

Additionally, if you have been receiving benefits direct from the council then potentially you are in a sticky situation should they decide that the benefits were not due, as they can come after you.

[loz1234]

I do realise that, in hindsight i should have rented to someone else got more money for the property and less aggravation. I was trying to help my brother and his children out of the small maisonette they were living in, in a terrible area. I have not received any direct payments from the council.. Should i now proceed with the possession order.

 

Thanks