28th
Jul 2023
Brent Council in London has recently taken unprecedented action to stop a tenant’s Section21 eviction by paying for the landlord’s rental arrears and full legal costs.
The Labour controlled council’s actions highlights problem of availability of social housing and is most likely the case for many authorities across the country.
The case was started by the landlord’s lettings agent engaging a legal services supplier on behalf of its client and the legal advisor’s briefing note says: “The agreement involves the landlord continuing to provide the accommodation, with the council taking over responsibility for the payment of the rent.”
Earlier in the year the law firm made the S21 eviction application to Willesden County Court in February and two months later in April the repossession order was granted.
But of course the usual enforcement process backlog of cases meant bailiff appointments could take up to several months to provide a confirmed date.
Some council ensure that many landlords continue losing thousands in rent by instructing tenants to stay in properties until the bailiffs appear.
But Brent Council decided to do things differently when in June it was agreed with landlord and agent that the council would cover the legal costs, pay in full the rental arrears and be responsible for all future rental payments.
The legal firm says: “With many smaller-scale landlords, fearing the changes in the Renters Reform Bill, now leaving the sector, this action by might make them pause for thought.
“Is this a rare, isolated case of a council unable to prevent a homelessness case any other way? Or is it something that’s more widespread, a practical solution that could work for both private landlords and tenants alike?”
The managing director of the legal services supplier, says: “It’s worth remembering that the private landlord in this situation agreed to the deal, but it could be that he or she had no real alternative? They were already out of pocket and facing a wait of many months for a bailiff. Suddenly there’s an offer made that seems to bring immediate relief and recompense. Is that a real choice?’
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