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Council advises tenant to break back into vacated property and await eviction

Tenant left apartment after falling into arrears but moved back into property after advice from London Borough of Havering, which told her it would not house her because she had made herself homeless.

Nigel Lewis

The desperate state of the public housing provision has been revealed after a suburban London borough is alleged to have advised a tenant in receipt of benefits to break back into a privately-rented property they had vacated.

Housing staff from Havering are said to have advised the tenant to break back into a property they had vacated because they would only be considered for further housing provision until they had been legally evicted and were technically homeless.

In the first case of its kind experienced by eviction specialist Landlord Action, a single mother in receipt of benefits renting a flat in the centre of Romford in Essex agreed to vacate the property after falling behind in rent and being served notice, only to return to the letting agent involved and demand the keys back.

When the letting agent involved refused, the tenant informed them that the council had advised her to find a locksmith and break into the property, advice she followed the following day after it was discovered she had moved her possession back into the two-bedroom, first floor apartment and changed the locks.

“I went to the property the next morning to ensure everything was OK but my keys no longer worked,” says Robert Gordon, who runs letting agent Hilbery Chaplin.

“I could see that furniture had been moved back into the property. In an attempt to resolve the matter, I drove straight to the local council but no-one would speak to me or identify who had issued such ludicrous advice to a tenant who felt she had no choice but to break the law.”

Eviction proceedings

Landlord Lewis Selt, who lives in Hertfordshire and has owned the property for many years, has now begun eviction proceedings and, rather than have the tenant prosecuted for trespass, has served a Section 21 notice and a Section 8 notice – a process which Landlord Action says will now take approximately six to eight weeks to complete.

Paul Shamplina, Landlord Action, image“Local authorities are forcing landlords to go to court to gain possession, running up considerable costs,” says Paul Shamplina of Landlord Action (pictured, left), the company instructed by Mr Selt to evict his tenant.

“Landlords are losing confidence in the system and turning away from communities which rely on their private housing to bridge the gap in the chronic shortage of social housing. This advice is exasperating the problem, and something needs to be done.”

Landlord Action also says the tenant involved had passed all referencing checks and had provided a rent guarantor but, after approximately five months in the property her payments had been irregular and then stopped, running up arrears of £2,000.

“Not only am I not receiving rent on my property, I’m now faced with eviction costs and yet I’m powerless to do anything about it,” says Lewis Selt.

“The agent has done everything possible to protect my interests, but landlords and agents are facing a losing battle if local authorities are going to issue such ridiculous advice.”

Statement from the London Borough of Havering

“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,” a spokesperson said.

“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.”

November 7, 2017

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