Council breached contract and tenants still at property after 2 months of ended notice period

[KateBur]

Hello,

 

I was letting my house to council.

 

In the agreement we have 3 months notice period. The notice with termination of agreement was sent to council on 7th April and it was confirmed by them that by 8th July the house will be handed back to me.

Since then it was very difficult to contact council, they would reply only after few reminders from my side.

 

It is 8th August and I just got a massage from Council saying that because they have problems with 3-4 bedrooms the tenants are still at the house and they don't know when they will be able to move them to other accommodation!

 

I live abroad at the moment and  was going to move in in to my house in July. My kids supposed to start school in September. I wanted to redecorate the house, change carpets ect but now I don't know what to do.

 

I supposed to organize the school for kids and now all is in complete chaos. I can't afford to rent a house because council wouldn't get the tenants out. It looks that i am homeless...

 

What are my rights?

 

Can council breach the contract like that?

As I said there was very limited communication from their side.

 

Can I sue them?

If I rent out another house can I recharge the cost on council?

 

I don't know what to do with my furniture, would have to rent the storage, can I recharge it to council?

 

My husband has already terminated his work contract and supposed to start job in UK but no place to live...

 

I would really appreciate your help.

 

Thank you!

Kate

 

[unclebulgaria67]

Without seeing the agreement to say.  You may have to go down the legal route of carrying out an eviction via courts.

 

Councils sometimes operate in this way. They are only forced into action when Courts become involved.

 

Suggest sending urgent letter warning Council you will have to take them to Court so you can evict the people housed there.  Advise them that if you have to rent property elsewhere because of any delay in being able to live in the house, you will make a Court claim for the costs incurred.

[KateBur]

Hi,

 

Please find agreement attached.

 

 Have converted document to PDF, we don't recommend posting .docx to posts. (BN)

 

AST agreement.pdf

[brassnecked]

I would concur with UB as you appear to have terminated the agreement correctly as per clause 7.

[stu007]

Hi

 

So basically the Council were the Managing Agent for your Property so they were acting on your behalf (The Landlord).

 

In reference to Clause 2.4 have you been given a copy of the Notice of Eviction that the Council served the Tenants? (if not then ask the Council for copies of these documents you are the Landlord and are entitled to these also you need to know the Council have actually served notice of evicton on the Tenants).

 

Have you read Clause 4.2 Properly? (note what it states about the Owner to take legal proceedings against a tenant of the Property to obtain possession and/or recover sums due to the Owner, the Council will organise legal counsel on behalf of the Owner and cover all costs incurred)

 

Read Clause 5.1 and ask them for copies of everything quoting that clause.

 

Clause 6 in total you need to clarify with the Council that they will be paying the costs of 6.1 and 6.2 as the correct termination was given as per Clause 7.

 

It seems it is Clause 7. 4 if you read it fully that the Council still have Tenant in the property but that does not negate that they should have served the Tenants the proper Eviction Notices which you need to ask if they have done this.

 

 

IMO it looks like you the Landlord are going to have to go through the Eviction and will have to serve the correct Notices (if the Council have not served these notices already to the Tenants) and go through the Courts to get your Property back. Make sure and read what I have put above about the certain Clauses in your Agreement

[brassnecked]

From Post#1

"It is 8th August and I just got a massage from Council saying that because they have problems with 3-4 bedrooms the tenants are still at the house and they don't know when they will be able to move them to other accommodation! "

 

With reference to stu007's post which was salient and to the point with what is needed to be done. I would be inclined to think the Council have not idssued any Eviction Notice, as in their own words have no suitable properties available to move them to, this might need a legal solution sooner rather than later, OP could indicate that as their action has rendered them effectively Homeless due to failuer to return their property, the Council has a duty now to hose them in the interim.

 

The danger is that the Council will try to blame OP for making a large family homeless, disregarding the fact the Council are now in breach of their agreement with OP.

[KateBur]

 

Thank you all for your advises.

I have written to council as still no reply from them.

 

Please answer the following questions and forward to me documents requested in next 24 hours.

I would appreciate if you could provide details of person who will deal with this case, ideally add this person to this email chain.

 

1.  In reference to Clause 2.4 please send me copy of the Notice of Eviction served to the Tenants.
2. In reference to Clause 4.2 could you confirm if the Tenant will pay for damages to the mirror in main bedroom, broken glass in main door and any additional damages if found on inspection after Tenant will move out.
3. In reference to Clause 5.1 could you please send copies of all records concerning the Property, including details of tenants and their tenancy agreements.
4.  In regards of Clause 6 I want to clarify that Council will be paying the costs mentioned in clause 6.1 and 6.2 of the agreement as the correct termination was given as per Clause 7 (that was confirmed numerous times by the Council in emails sent).

 

Not sure if they will reply it looks like on the other side of this email chain is no one who care to reply.

I am bit desperate as I have nowhere to move into, basically my family is homeless. Kids starting school in September and we are in different country....

I can't afford to pay mortgage and rent a flat for the family of 5.

Even if I wanted to rent out the flat I don't know for how long as no time frame on tenants move out from Council.

This situation is ridiculous. I thought renting out to council would be safer option then private letting but it looks that now I have GIANT against me and my homelessness is less important then the tenant's.

 

 

[brassnecked]

Looks like stalemate for now, so maybe you will have to follow the earlier suggestions and declare the councilin Breach of the Agreement and send a notice that you will be formally evicting the Tenant and removing the Property from their control as per your agreement.   Other's will have some more suggestions I'm sure.

[stu007]

Hi

 

Important Question:

 

Could you Clarify when you gave the Council the Correct Termination of Agreement Notice as per Clause 7 did you at the same time inform the Council to Service Eviction Notices on the Tenants as No Fault as you require the Property back? (this is important especially the Eviction)

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At present from what you have posted (until you clarify the above question) IMO I do not think the Council have Breached the Terms of your Agreement for the following reason:

 

1. You gave them the Correct Termination Notice as required as per Clause 7 of the Agreement and the Council have correctly followed this.

 

2. Bear in mind what Clause 7.4 states at the time you gave the Council the Required Termination notice as per Clause 7 what you didn't do at the same time is inform the Council to Serve the correct Eviction Notices required as you needed to evict the Tenants as you required the Property Back under No Fault Notice.

 

Sadly IMO due to the above the Council will use Clause 7.4 as you failed to notify them at termination of agreement to Serve Eviction Notice to the Tenants that is why they are still in the property.

 

Now if you Did Notify the Council at Termination of Agreement to serve the Eviction Notice and you have evidence of this (forget the advice above) then they will have breached the Agreement that again is only if you informed them at Termination of Agreement to proceed with Eviction Notices.

 

You are going to have to serve the proper Eviction notices and if the Tenants do not leave by the required notice period then it is costs involved to take to Court.

 

You also now need to be fully aware that as you have Terminated your Agreement with the Council to act as Managing Agent that you the Landlord are now fully responsible for Managing your property until the Tenants are Evicted and need to notify your Tenants of this and contact details of you the Landlord who is now managing the property.

[brassnecked]

Yes that should clarify the actions required

[KateBur]

I've looked at the emails back in April and have found this. I've copied this to docs.

What do you think about this? It looks that they did acknowledged this.

 

 

Handback akcnowledment(1).pdf

[honeybee13]

That document doesn't work for me. We recommend using pdf files, details are in our upload guide.

HB

[brassnecked]

KateBur, I have replaced your .docx file with a PDF  we recommend all uploads are PDF as .docx contains formatting and  background data that is best not posted.

[stu007]

Hi

 

Your Document in post#11

 

Does not state anywhere that the Council have Served an Eviction Notice only that they are trying to find another property for the Tenants.

(they could be stating what is mentioned in that Document as they probably expect that you the Landlord are going to serve Eviction Notice to the Tenants as you have ended your Agreement with them the Council)

 

You have still not answered the important question I asked at the beginning of my post#9 ???

 

I will ask again when you gave the correct Termination notice as per Clause 7 of that Agreement and the Council accepted it did you at the same time inform the Council to Service an Eviction Notice to the Tenants as No Fault as you required the Property back???

[KateBur]

Hi Stu007, no I didn't mention as I was not aware I have to.

If I was to write eviction notice to the tenant how shall this look like? Can I give them less then a month time to move out? I need this property ASAP.

[honeybee13]

There are rules about evictions. Here's some information from the government.

 

Evicting tenants (England and Wales): Overview - GOV.UK

WWW.GOV.UK

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Information for landlords on tenant eviction: assured shorthold tenancies, including eviction notices, Section 21, Section 8, accelerated possession...

 

HB

 

 

[stu007]

Hi

 

You need what you have asked the Council for in Post#7

 

The important two thing you need from the Council that you have asked for is:

 

1. Tenancy Agreement signed by there Tenants.

 

2. The Eviction Notice the have served that is if they have served one as you didn't ask them to do so when Terminating your Agreement with the Council.

 

If the Council have served the correct Eviction Notices to the Tenants then there is no need for you to do so (but you do need copies of the above). Now my but if the Council haven't served an Eviction Notice then I am afraid you are going to have to do so and probably a Section 21 using Form 6A (you will need a copy of there Tenancy Agreement).

 

Now if you do have to start this process of the Eviction Notice this is not quick especially say the Tenants decide not to leave after the Eviction Notice time limit you will then have to go to Court to obtain a Possession order for your Property and even then if you do obtain it and the Tenants still do not leave you may then have to employ the services of a Bailiff to Evict the Tenants and all this costs

 

Air of Caution on Eviction you need to ensure the following before serving an Eviction Notice that the Tenants were given copies of the following:

 

1. Prescribed Terms of the Tenancy Deposit Scheme there Deposit was Protected in.  (that is only if the Tenants paid a Deposit)

 

2. Energy Performance Certificate of the Property.

 

3. How to Rent Guide.

 

4. Gas Safety Certificate for the Property. (only if the property has Gas)

 

You need to have a very good read of the Link in post#16 posted by honeybee13.

 

You also need to do your research on your responsibilities as a Landlord

[brassnecked]

Just a side outside the box thought, Is it possible the Council have designated the property in their systems a short term emergency dwelling like a homeless hostel similar to placing a family in B&B so the tenants do not have a proper Tenancy Agreement.  have seen shenanigans like that with Councils.  Its just an off the wall though but a possibility.

[KateBur]

Hello,

 

Finally got reply from Council... What a useless bunch of xxxxxx They did not reply to anything...

 

Dear Ms K,

 

I hope you are well.

 

Unfortunately we are unable to supply you with any documentation for the tenant as this is against GDPR regulations.

 

With regards to damage to your property our surveyors will inspect the property when the tenant has moved out and will make a list of works required and pass this to out contractors, once the works have been completed the surveyor will then re inspect the property and provided there is no snagging works the keys will then be available for me to meet you at the property for the hand over.  If there is anything particular damage you are referring to please let me know and I will look into it.

 

Could you please inform me if you have already booked your flights to come to the UK and if so what date are they booked for please.

 

If I can be of further assistance please do not hesitate to contact me.

[brassnecked]

"Unfortunately we are unable to supply you with any documentation for the tenant as this is against GDPR regulations."

 

 Council cop out, wonder if there is a tenancy agreement,for the occupants and council have just placed them in ad-hoc as if B & B temporary with no formal Tenancy Agreement, Thoughts stu? that's not unknown

 

They appear to have no intention whatsoever to return they property to you,

 

A lateral totally off the wall thought you could present to them as homeless yourselves and screw around with their systems.

 

Seriously might be the time to seek some legal advice, this issue will take some deep  thought and consideration of implications of choices of action.