Housing Minister has told local authorities to stop telling tenants to stay till the eviction date.

[Bailiff Advice]

Strictly, speaking this is not a subject that would normally feature on the 'bailiff discussion' section of the forum. However, with the subject matter regularly featuring on the popular TV series; Can't Pay We'll Take it Away' it may well assist some viewers.

 

Anyone watching the TV series would have seen the many instances of a tenant is being evicted. Routinely, the tenants had been advised by their local authorities that in order to gain assistance with emergency housing, that they must remain in the property until the actual eviction. It would seem that this practice must stop.

 

The following is taken from a recent article from the Sheriffs Office:

 

 

Housing minister, Brandon Lewis has told all local authorities to stop routinely advising tenants to stay put until the enforcement agent arrives before they can be accepted as homeless.

 

Mr Lewis has written to all the chief executives of local councils saying that households should not be put in this position, and clarifying the guidance about homelessness.

 

In his letter he says,

 

“Authorities should not routinely be advising tenants to stay until the bailiffs arrive; there is no barrier to them assisting the tenant before this. By doing this, local authorities miss a valuable opportunity to prevent homelessness.”

 

Mr Lewis writes that the statutory Homelessness Code of Guidance, which local authorities are required by law to have regard to, is clear on this matter and contains guidance on how they should treat homelessness applications where a tenant has received a valid S21 notice.

 

This is what Mr Lewis’s letter highlights about what the guidance states:

 

-Housing authorities should not, in every case, insist upon a court order for possession and that no local authority should adopt a blanket policy in this respect.

 

-If the landlord intends to seek possession and there would be no defence to an application for a possession order, then it is unlikely that it would be reasonable for the applicant to continue to occupy the accommodation.

 

-Unless a local authority has very good reason to depart from the statutory guidance, then they should not be placing households in this position.

[brassnecked]

Perhaps we will see councils doing the right thing and treating those families as homeless as soon as possession is sought.

[Bailiff Advice]

Perhaps we will see councils doing the right thing and treating those families as homeless as soon as possession is sought.

 

I would like to see a full copy of the Housing Minister's letter. I will make some enquiries later.

[brassnecked]

I would like to see a full copy of the Housing Minister's letter. I will make some enquiries later.

Yes the devil is always in the detail. Incidentally Shelter regard anyone with insecurity of accommodation as homeless.

[sillygirl1]

My niece had to stay til eviction day even though her rent was up to date and she had taken care of the property. Her landlord had sold the house without informing her and she had a small boy as well.

 

If she had known the house was being sold at the time a relative would have bought it as it was ideal for them and they had the money ready and waiting.