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Labour controlled Brent council in London has taken the possibly-unique step of paying a landlord’s legal fees and rent to avert a section 21 eviction.
The issue revolves around the council’s almost complete lack of available social housing.
A briefing note from legal services supplier Legal for Landlords says: “The agreement involves the landlord continuing to provide the accommodation, with the council taking over responsibility for the payment of the rent.”
The case has come to light because of the involvement of a London’s lettings agency which handled the start of the process on behalf of its landlord client using LegalforLandlords.
Back in February of this year, the law firm made the application to Willesden County Court. In April, possession was granted.
There is however a backlog in the enforcement process with bailiff appointments often taking many months to be confirmed. Some councils have been telling tenants to ‘sit tight’ until the bailiffs arrive.
However Brent council took a different approach and in June the agent and landlord agreed to allow the council to pay the legal costs, cover the rent arrears and pay the rent going forwards.
LegalforLandlords says: “With many smaller-scale landlords, fearing the changes in the Renters Reform Bill, now leaving the sector, this action by might make them pause for thought.
“Is this a rare, isolated case of a council unable to prevent a homelessness case any other way? Or is it something that’s more widespread, a practical solution that could work for both private landlords and tenants alike?”
Sim Sekhon, managing director of LegalforLandlords, says: “It’s worth remembering that the private landlord in this situation agreed to the deal, but it could be that he or she had no real alternative? They were already out of pocket and facing a wait of many months for a bailiff. Suddenly there’s an offer made that seems to bring immediate relief and recompense. Is that a real choice?’
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