Landlord & Buy-to-Let Magazine Issue 64, March 2016 | Page 28

For latest show news visit www.landlordshow.info feature ask tom ... Resident Agony Uncle, Tom Entwistle, answers readers’ questions. Tom Entwistle is Editor of LandlordZONE® and an experienced landlord of residential and commercial property. Q Tenants told to ‘stay put’ – my tenants have been bad payers for some time, with persistent delays and promises to pay rent. They are in serious arrears and I think I have no alternative to asking them to leave. But the council told them not to go? What can I do? In my experience it is often a shock for landlords to find that councils advise tenants not to leave when landlords ask them to do so for legitimate reasons – rent arrears being the most common one. At first sight it would seem another of those examples of where landlords feel the law is firmly on the side of the tenant, yet if you ask tenants they will tell you the exact opposite is true. Laws are there to protect both parties, but in particular the weak and the vulnerable. Tenants who are struggling to pay their rent will no doubt find themselves in a difficult position and will probably be approaching the council for rehousing. You’ve got to feel for those landlords with genuine exasperation because their nightmare tenants owe them a small fortune and those heartless council officials don’t seem to care. Tenants will be advised to ‘stay put’ because if they leave of their own accord the law says they have made themselves ‘intentionally homeless’. This means that a tenant leaves accommodation that they could have stayed in, or fails to pay rent when they could afford it, so the council looks carefully into H