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Question Title: Eviction Notice
| Question: 30 |
| I recently served a section 21 notice on a tenant to bring to end an assured shorthold tenancy. The tenant took the notice to the council as he wished to be re-housed in council property. However, the council have informed him that if he leaves at the expiry of the notice they will consider him to be making himself intentionally homeless and will not be able to re-house him. They have advised him to sit it out and wait until an eviction order is obtained. Are they right in advising him in this way?
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| Homeless legislation states that local authorities have a duty to house certain categories of people. Local authorities are provided with guidance about coming to a decision of eligibility for re-housing homeless people. In particular, they should have regard to section 9.29 of the Code of Guidance on Parts VI and VII of the Housing Act 1996, which states: "A local authority should not require tenants to fight a possession action where the landlord has a certain prospect of success, such as an action for recovery of property which is let on an assured shorthold tenancy where the fixed term of the tenancy has ended." If, as it appears to be in this case, the local authority disregards this guidance, the landlord can refer the matter to the Local Government Ombudsman, claiming the landlord's costs of having to pursue a possession action.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 21 |
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factsheet-21
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