Which eviction notice applies when there is no signed tenancy?

[GenDisharmo]

Is it a section 8? In a situation where rent was expected but has never been paid.
Thankyou.

[Crazy council]

Need further details.

if you give a write up of the situation you may get more accurate answers.

Deffo need to know

property details ( house, shard accom, are they family or related to the LL )
Tenancy details, when the move in,how much is rent , how much is arrears ( important )

what would be the tenants counter arguments, why are they not paying.

[GenDisharmo]

Thanks.
its a terraced house. they live there themselves, is considered supported living I think and they are family. They have a couple carers there for them. Social services promised rent even if its a lesser amount, this hasnt happened and I can no longer afford to maintain the property. They have no mental capacity. I've bene told by a lawyer there is no reason not to sign a tenancy upon their behalf, however council have outright lied multiple times in every meeting with social workers. They have bene as slow as possible and now I cannot afford to wait any longer. Lawyer told me I can just pass on the notice to social services once I give a one month eviction notice, however I forogt to ask the name of the notice and would rather not pay again just to ask that!

Is approaching 7k arrears now. If I assume the only award from housing benefit is £450 a month, which is likely.

[Crazy council]

Hi

notices have to be done correctly, especially the grounds ( reasons ) . Not having them on a signed agreement makes it harder but its still doable, but it has to be right ( both the type of notice, the grounds used, and there service )


Some the the stuff the person said to you is wrong

quote "I've been told by a lawyer there is no reason not to sign a tenancy upon their behalf,"

Nope, if they dont have the mental capacity to understand the contract, it has to be the nominated person ( probably there social worker or a family member with power of attorney ) . A Landlord cant sign a TC on ther behalf, it would not be enforceable

quote "" Lawyer told me I can just pass on the notice to social services once I give a one month eviction notice,"

nope. it would have to be served correctly, and in this case, probably on them with a copy to there carer or social worker.

The type of notice and the reasons on the notice have to be right, so

are they related to you at all or have any prior dealing with the property ?
how did they get the property in the first place ( this might be important ) ?
Did they caim HB from the start and your awaiting payment, does it go direct to you ( you can insist on that if there in arrears ) ?
How much is the rent weekly or monthly ?
if or when the HB pay the rent, how much would the arrears be then ?
How long have they been in the property ?
If they pay up could they continue the tenancy.

Some advice.

In cases like this, social workers and council officers can be right jobsworths and fight landlords when they shouldn't, so be careful when dealing with them over this eviction, try get them to act before you serve anything.

In normal circumstance, if you serve a notice on a tenant and get something wrong or are a bit pushy, it doesn't make to much difference, but when the tenant has the council , it does and can make things very delayed. Not having them on a tenancy contract makes things a lot more complex but still doable ..

If you answer what you can of above me or one of the others on here will tell you what type of notice, and what grounds to use.

[GenDisharmo]

Hi

notices have to be done correctly, especially the grounds ( reasons ) . Not having them on a signed agreement makes it harder but its still doable, but it has to be right ( both the type of notice, the grounds used, and there service )


Some the the stuff the person said to you is wrong

quote "I've been told by a lawyer there is no reason not to sign a tenancy upon their behalf,"

Nope, if they dont have the mental capacity to understand the contract, it has to be the nominated person ( probably there social worker or a family member with power of attorney ) . A Landlord cant sign a TC on ther behalf, it would not be enforceable

quote "" Lawyer told me I can just pass on the notice to social services once I give a one month eviction notice,"

nope. it would have to be served correctly, and in this case, probably on them with a copy to there carer or social worker.

The type of notice and the reasons on the notice have to be right, so

are they related to you at all or have any prior dealing with the property ?
how did they get the property in the first place ( this might be important ) ?
Did they caim HB from the start and your awaiting payment, does it go direct to you ( you can insist on that if there in arrears ) ?
How much is the rent weekly or monthly ?
if or when the HB pay the rent, how much would the arrears be then ?
How long have they been in the property ?
If they pay up could they continue the tenancy.

Some advice.

In cases like this, social workers and council officers can be right jobsworths and fight landlords when they shouldn't, so be careful when dealing with them over this eviction, try get them to act before you serve anything.

In normal circumstance, if you serve a notice on a tenant and get something wrong or are a bit pushy, it doesn't make to much difference, but when the tenant has the council , it does and can make things very delayed. Not having them on a tenancy contract makes things a lot more complex but still doable ..

If you answer what you can of above me or one of the others on here will tell you what type of notice, and what grounds to use.

Thanks, I thought would be able to hold out, but things have got even worse. I think I need to sue the council at this point, its unbelievable, I WISH I was just dealing with some jobsworths. It's too complicated to explain just what they've done exactly.

I was my brother's apointee, but I couldn't sign the tenancy contract upon his behalf when I am also his landlord. So the court of protection was sought through a very slow process to sign upon his behalf.

My brother went to the house part time for years and was cared for a charity who paid rent to my mother, who was also the landlord that the charity paid rent to. I inherited the house and the tenancy contract after the rest of my family died. The charity died shortly after this and I was stuck looking after him by myself for long periods until he was moved into the house full time under a supported living arrangement. I was told by the charities manager that under the new arrangement that I would receive rent. I made it very clear that I was financially dependent on rent and that he was moving in there under the basis that I would receive rent.

I have been owed rent since the start of 2022. I immediately claimed universal credit for him before he moved in and houisng benefit for him the day he moved in under new arrangements, I think... I did it very close to the start anyway, I can look up exact dates if I have to. but was turned down multiple times for the housing benefit, I finally manage to weasel the reason out of them being that there was still no tenancy contract, this was still going through the court of protection. So we had to wait for the housing benefoit tribunal. In the meantime the tenancy contract was ready to be signed on his behalf, but social services refused to, or rather came up with a variety of BS excuses. I think they refused to sign it when they realized I was still wanting to backdate the tenancy to the very clearly specified start of 2022. January the first.

Because I told them I will be forced to evict him due to lack of rent payment, they pulled adult safeguarding on me and have removed my apointeeship. Now even if the ombudsman overturns their stupid decisions , I am left unable to delay the housing benefits tribunal, so that even if the ombudsman fix everything that social services have done, they have no power over the housing benefit section... meaning the best case situation is I STILL wait another 18 months woth no rent. I cant do this, must se these trash, unbelievable. 3 years without rent itll turn out to be. I think I should go to the press.

I have no idea how much the rent will be, no tenancy contract was ever signed and no amount was verbally agreed either. I assumed it would be the one bedroom housing allowance for him for housing benefits. I see no other way but to evict him now. Like hell I can survive another 18 months, Im already spending £2 a day on food as my limit. I dont think I can find anyone to sue them either that is no win no fee, becasue im technically a landlord... nobody likes landlords.

I have huge inheritance tax still to pay. its in isntallments over 10 years. I am goign to miss the next payment in 10 months becasue of these ******.

[GenDisharmo]

Interestingly just before this escalated further I was asked to apply for a deputyship. I was half way through the process which I had to pay for a doctor to fill forms from my own money, what would happen if I finished it even though \i've been removed as the apointee.