What can a person do if they have been told by the council to leave their hotel and they have no where else to go? | LawHive - Solicitors & Lawyers Online
What can a person do if they have been told by the council to leave their hotel and they have no where else to go?
I currently have a house that has a tenant, I've served a section 21, but council have told her to stay put untill bailiffs. I was running a pub and my tenancy came to an end, I moved out as I should have done at the end of my tenancy, and now I can't get back into my own home. Me my partner and 4 children are in a hotel to the cost of £1800 a month, I can't afford this any more, and we are literally going to end up sleeping in the car. The council refuse to help us, as we have a home!! A home they have told the tenants to stay in! I don't know what to do 😢 I've spent all my saving on the hotel so can't afford a deposit on a rental.

Anonymous

19th April 2022

+17

20 upvotes

Top Answer
NQ. Unfortunately if your tenant leaves willingly the council won't help her as she will be classed as intentionally homeless. I've literally just been through this with my Dad. Once bailiffs go to remove the tenant she can then take the paperwork to the council and they will help her. As for your own situation I can't really advise. The only way you will be able to get your home back though is by going through court and bailiffs because if she's going to follow council advice (and she most likely will) then she won't willingly leave. It's an unfair system but that's the way it is I'm afraid.

Sandra Dolecki

19th April 2022

+3

6 upvotes

NQ law student- the council have given the tenant standard advice. They won’t give them housing if they make themselves intentionally homeless by leaving prior to the bailiffs arriving. You need to follow the set procedure and apply for a possession hearing following the Section 21.

Mabel Dodge

19th April 2022

2 upvotes

NQ If you do end up homeless ( temporarily) the council also have a duty to find you temporary accommodation as you have children, this will be a bed and breakfast type thing but better than your car.

Millicent Lopez

19th April 2022

+7

10 upvotes

Nq but LA officer. I would make an official complaint to your local council and go thought with the motions until the last stage and take them to the ombudsman. Someone above regular officers needs to look at this and see how ridiculous it is that the council is forcing you to basically stay in a hotel

Anne Stevenson

19th April 2022

+13

16 upvotes

NQ sadly same thing happened to friends they couldn’t get tennents out as council said they would be making themselves homeless if the lesft!!. Friends had to move in with in- laws until eviction notice was served.

Demetrius Stanley

19th April 2022

NQ. Unfortunately for landlords this is pretty standard for LA’s. It delays their responsibilitie s for housing people until the last possible moment. Put in a string complaint, see if they’ll provide emergency accommodation for you since your situation is of their making.

Jeanette Martinez

19th April 2022

NQ but you’ll have to take it to court and if that doesn’t work eventually get ballifs to attended the property

George Holmes

19th April 2022

NQ it’s an unfortunate situation for you but the tenants have rights too. They are doing what they need to do so they aren’t on the streets. You probably need to present to the council as homeless and hope they will assist while you go through the process

Julio Ibarra

19th April 2022

1 upvote

NQ - the tenant has to stay there until the bailiffs arrive. Of which you will have to follow the guidelines of the section21. They’re not doing it to spite you, they’re doing it because they’re in the same position as you. Contact the tenant and work together

Jose Henderson

19th April 2022

+1

4 upvotes

I understand I have to let this run its cause, but surely the council have a duty of care, as if Friday we can't afford any more accommodation and we will be in sleeping in our car!

Anonymous

19th April 2022

1 upvote

NQ - landlord. Email your MP urgently - they should be able to escalate it with the council. Also, talk to a reputable eviction specialist. It’s standard practise unfortunately for the council to say this to tenants, and if she leaves she will be told she’s making herself intentionally homeless. The council are advising tenants to exploit the legal loophole - to kick the cab down the road. They can find them accomodation - it’s just who shouts loudest and best. Your local MP should assist & eviction specialist.

Florine Quinn

20th April 2022

2 upvotes

NQ - also search for Landlord groups they can be a great source of support. I would also look at shelter and CAB.

Florine Quinn

20th April 2022

NQ- but had to evict tenants before I used Landlord Action they were great and not expensive but got the job done https:// www.landlordacti on.co.uk/

Connie Ellis

20th April 2022

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