Rental Issues: Local Councils promote breaking the Law?

By Steve Roulstone

I believe that Local Councils, in delaying the time frame of having to find a home for Tenants that have failed to pay their rent and face eviction, by advising that they do not leave the property until they receive an eviction notice, are encouraging people to break the law and I do not believe this is the role they should be playing. 

Landlord and Tenant Rights.

Ok, let’s look at the reasons behind the scenario. If a Tenant is either unable or simply fails to pay the rent, the Landlord is of course entitled to take action and as Agent of the Landlord  it is our responsibility to take the best action on his behalf, which must include giving notice to quit the property. We use the notices within the Housing Act 1988 and by issuing such notice we are operating within the law.

Tenant reaction.

 Now if the Tenant has nowhere to move too, they need the support of the local Council to find somewhere to live. I have always believed that the service exists for exactly these circumstances. But this is where the problem lies. More and more there reaction is too advice the Tenant to stay exactly where they are until they receive an eviction notice and this is where ‘Breaking the Law’ enters in to the equation.

The implications of such advice.

So what happens if they stay in the property, don’t forget, failing to pay the rent! We are forced to take the Tenant to court and get the very eviction notice that the Council demand. Then and only then will they assist the Tenant in being re-housed. The Courts of course will not issue the notice unless we can prove that the Tenant has broken the agreement and should indeed leave. In fact, under some circumstances, the Courts do not even have an option and must issue an eviction notice, as it is mandatory within the Housing Act.

On the Record!

So now we have the rub, Councils by this lack of action, or rather delay of fulfilling their duty, cause the Tenant to be taken to court and in most cases have a court action issued against them. I see this as breaking the law and I do not feel it is right to place Tenants in this position in the first place, when the only thing that is achieved is a delay in the Council fulfilling its obligation and everybody else,  suffering the consequences:

Landlord, because they do not receive rent for a property for which they will more than likely have a mortgage to pay.

Tenant, because in my experience, they just want the Council to give them somewhere to live, but are forced to accept the route through lack of choice.

Agent, because they are unable to provide the service they are charged with, take on extra work which they have no control over and are the only sounding board for both parties.

And finally the Council? Well they still have to find property for the Tenant at the end of the day, but perhaps they feel they have done their job, because many Tenants do find an alternative rather than by forced to court. But hold on? Is it not the role of Councils to provide accommodation in these circumstances?

I think it is clear that the Tenant is the neediest and in these circumstances and in my opinion, it is they who suffer as the Council try to cut costs!