We often hear from angry landlords who, in spite of giving their tenant eviction notices, learn that the local housing authority would not rehouse them, causing the landlord to go to court and file an eviction lawsuit in order to reclaim their property. Eviction proceedings can be lengthy and expensive for landlords who have already gone through the legal process. So, if my tenant is evicted, would the housing association provide new housing?
Are councils required to find a rehouse for tenants?
In order to determine whether a homeless applicant is eligible for permanent or temporary housing, the Council must evaluate their application. They start by determining whether the applicant is truly homeless or just “at risk” of being so. In order to make sure that their housing supply is being distributed to those who need it the most, the council must also determine if an applicant has “priority need” due to the severe shortage of municipal housing accommodation in all locations. Those who are considered to be in “priority need” may include pregnant women, people at risk of domestic abuse, and applicants who are vulnerable.
The council will then consider whether the applicant is “intentionally homeless” if they are determined to have an urgent need. Did they do or not do something on purpose that led to the situation? It should be highlighted that simply being kicked out of a home because of unpaid rent does not prove intentionality. The council needs to consider the factors that caused the rent arrears to build up.
The council should provide long-term housing if it determines that the person is not intentionally homeless. They should only provide temporary lodging (often for 28 days) and support in finding alternative housing if they are determined to be intentionally homeless yet have a priority need.
If you have given your tenant notice and they are still living in the property but are “at risk” of being homeless, the council is not obligated to find them a new place to live. However, the renter may decide to re-house in order to avoid being evicted, depending on the council and the availability of homes. But technically speaking, the renter is not genuinely homeless and the council has no legal responsibility to re-house them until you have got a court order and seized the property.
When can a Landlord evict a tenant?
Only after the landlord receives a court order from the sheriff court for the tenant to vacate the property may a tenant be evicted.
The landlord must have a valid reason, or ground for eviction if they intend to evict the tenant before the end of the stipulated period.
When tenancy expire
The tenant must be given at least two months’ notice if the landlord intends to evict the tenant at the end of the fixed-term lease. A notice of recovery of possession, often known as an official document, must be provided to the renter.
The landlord does not need to complete the eviction process if they believed that the renter has left the property and does not plan to return. In this case, Landlords can reclaim the property through abandonment proceedings.
Contact us to know more about Eviction Process
Tenants are far more aware of their rights and have much easier access to guidance and support. Therefore, it is important that landlords understand their rights and responsibilities when evicting tenants and follow the right procedure. Please contact a member of the SGT Law Firm team if you need more detailed information.