20^th Nov 2017

Havering Council is not backing down from having decided to tell an ex-tenant to get back into the property that she had lived in previously. This was twenty fours after she had left her former 'home' when asking to be re-housed and as far as the council's team was concerned, she ‘still had the right of occupation’.

The unfortunate landlord, Lewis Selt from Hertfordshire, who rented out the property to the 'tenant' in Romford, has owned the two bedroomed flat for many years, and a year ago he had let the flat to a single mother who was claiming housing benefit.

At the end of the one year tenancy he had to serve his tenant with a notice to vacate the property because she had failed to pay the rent for some months and was £2,000 in arrears.

The tenant abided by her notice and vacated the property with her belongings on the notice date and on the same day the agent apparently had taken the keys back from the property, when carrying out his check-up report.

However he was shocked when the ex-tenant came to his office the next day and said that she had been told by the council to get the keys and move straight back into the flat.

The reason for having the 'right' to move back into the flat was that Havering Council had told her that that they would not re-house her because she had moved out on her own accord, and that she should have stayed there until she had been evicted. She also pointed out to the agent, when he was unable to give her the keys that the council had told her, if necessary, she would have to get a locksmith to break back into the property.

The landlord is now left in the situation with, through no fault of his own and being owed thousands of pounds, a sitting tenant and having to go ahead with the lengthy and costly eviction process.

Lewis Selt could have opted for legal proceedings against his 'ex-tenant' because of a trespassing law, but he decided his best course of action would be to serve both Section 21 and Section 8 notices in an effort to resolve the issue in a relatively quick timescale when compared to the former option, and at least stand a chance of recovering some if not all of the rent arrears.

Even if the process is successful, it will take up to two months to be granted a possession order and there is good chance that the tenant will stay longer because of the council's previous advice to her.

A spokesperson for Havering Council said: “The client reached out to staff at the Public Advice and Service Centre (PASC), where she was informed she still had a number of months in the property, as the landlord would need to follow the legal eviction process.

“The client then told staff she had handed the keys back to the Estate Agent and had put her belongings in storage. After speaking with the agents, it became clear that she had not handed back her keys, but had left them inside the property.

“Council staff later advised her to return to the property as she still had the right of occupation. The agents were also reminded that as the case had not gone through the courts, the client had the legal right to remain in the property.

“Havering Council will always do its best to support vulnerable residents from becoming homeless, and we urge both private landlords and letting agents to act responsibly and follow the correct legal procedures.”

Richard Merrick of PIMS, said: "It beggars belief that councils actually wonder why increasing numbers of landlords refuse to accept new tenancies from those on housing benefits."

He added :"There does at times seem to be an element of double standards being enjoyed by 'some' councils, because if a tenant owes thousands in rent then stays put and lets the landlord lose even more money. According to 'some' councils this is how landlords should be acting in a responsible manner, but woe betide anyone who misses a single council tax payment, let alone months."

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