FI15578
Request
- Copies of any training materials or internal guidance given to staff regarding tenants facing a Section 21 eviction (no-fault eviction).
- Any documents, emails, or communications instructing housing officers to advise tenants to remain in their property after they've been served a section 21 eviction, until formal eviction by bailiffs.
- Any policies on whether leaving after a section 21 eviction but before formal eviction by bailiffs makes tenants ineligible for rehousing by the council.
- The longest period a tenant served a section 21 eviction has been waiting for rehousing by the council.
Response
1. Staff are booked onto the following Shelter Webinars:
- Assured shorthold tenancies: s21 notices - Provides an overview of section 21 notices (s21) in relation to Assured Shorthold Tenancies.
- Dealing with landlord harassment and unlawful eviction - Provides an overview of landlord harassment and unlawful eviction and potential remedies when dealing with these issues.
2. We have a S21 checklist as part of our Triage process map:
- Is the Section 21 valid?
- Are the form and dates correct? Notice must be in prescribed format/on form 6a.
- Is the deposit protected and was it protected on time? It must be in a deposit protection scheme.
- Has the tenant had valid tenancy documents before the start of the tenancy - Gas Safety Certificate, Energy Performance Certificate, and the How to Rent Guide (most up to date version).
- Was five weeks or less deposit requested by the landlord? There should be no fees charged as these have been banned.
- Does the landlord have a valid House in Multiple Occupation Licence from the Council if it is a HMO?
- Is this a revenge eviction due to outstanding repairs - is there an Improvement Notice in place or have emergency works been requested by the Council?
3. Staff advise applicants to remain in their property and we normally wait until they have received their Possession Order before looking for temporary accommodation, if they are eligible.
If applicants leave following the advice to remain, they may be found intentionally homeless, depending on the reason they left. If the applicant states they want to leave before the PO due to fear of the landlord, disrepair in the property, or other reasons, we would seriously consider the request. It is one of the questions we ask all applicants via our assessment.
4. This information is not recorded however the timescale would depend on whether the landlord applied for the court hearing or not.