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Question Title: Homelessness - Local Authorities' duties
| Question: 316 |
| A little while ago I issued one of my tenants with a section 21(1) notice seeking possession of the property. The lady, a single parent, has applied to the local authority to be housed on the basis that she and her family are homeless. The Housing Department has told her that their policy is to wait until the courts have issued an order for possession before they will consider a person as "threatened with homelessness". Surely this cannot be the case as it just means additional expense for both the tenant and the landlord. What is the correct position?
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| The problem that you have reported does seem to occur in some local authority housing departments. The Government's guidance to local authorities issued for the Housing Act 1996 stated that where tenants are threatened with eviction the local authority must take steps to find accommodation for the tenant (s.195 Housing Act 1996). So issuing a notice rather than a possession order would be sufficient. New guidance published following the introduction of the Homelessness Act 2002 states at para 6.25 that a tenant will be threatened with homelessness where:- (1) a s. 21 notice has been served (2) the local authority is satisfied that the landlord intends to seek possession & (3) there would be no defence to the application for possession. Just as importantly, the local authority must decide each case on its facts and should not adopt a general policy in these cases. Your tenant would be well advised to seek professional assistance from a housing advice centre or the Community Legal Service.
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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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For more information, discuss on the Forum
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Possession Issues