Can Landlord accept rent while T waiting eviction?

A landlord issues a S21 to tenant on housing benefit. The Council inform tenant to stay put until a court order and baliffs turn up.

If the council continue to pay the tenant housing benefit AND the landlord still accepts this (as it can take up to six months for the eviction to take place), are there any repercussions if landlord continues to accept the tenant's rent?

What as in you think it legitimises the tenants claim to stay past the notice period on the S21 and therefore makes it invalid or something??

I shouldn't think so.

but am I getting it right in that the landlord has issued a Section 21 notice, but the council have instead advised the tenant to ignore it and wait until lengthy eviction proceedings are processed by the court??

What as in you think it legitimises the tenants claim to stay past the notice period on the S21 and therefore makes it invalid or something??

 

I shouldn't think so.

 

but am I getting it right in that the landlord has issued a Section 21 notice, but the council have instead advised the tenant to ignore it and wait until lengthy eviction proceedings are processed by the court??

My bold=

Standard advice by the council as they did same to me with one of my tenants.

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My bold=

Standard advice by the council as they did same to me with one of my tenants.

Mafya, you are correct about it being standard council advice. I know many people who have been given this advice.

---------- Post added 15-06-2016 at 19:15 ----------

 

but am I getting it right in that the landlord has issued a Section 21 notice, but the council have instead advised the tenant to ignore it and wait until lengthy eviction proceedings are processed by the court??

That's correct, the council always encourage this.

No repercussions, the Tenant must pay rent while in occupation, regardless of whether they're waiting for eviction or not.

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Standard advice by the council as they did same to me with one of my tenants.

 

That's correct, the council always encourage this.

Does that not seem very silly and counter-productive??

If the council actively encourage their tenants to be troublesome and not leave a property when served with an S21 then isn't it more likely that landlord will then not elect to rent to someone on housing benefit again??

Does that not seem very silly and counter-productive??

 

If the council actively encourage their tenants to be troublesome and not leave a property when served with an S21 then isn't it more likely that landlord will then not elect to rent to someone on housing benefit again??

You don't have to be on housing benefit to contact the council re. any problems you may be facing as a Private tenant. Any tenant who is issued with a S21 will be offered this advice if they haven't found further accomodation within two months. This advice is given by many housing organisations, since two months for some tenants is just not enough time for them to find other accomodation. Don't forget there is also the upheaval in taking the children out of school, while searching for another school etc.

It would be retribution enough for a L to not give the T a reference under such circumstances. T's do this because they have no alternative accomodation.

For those who are on HB, the T may have only recently lost his job and been in receipt of HB. As long as the L gets his rent, why should L even know this? The T may have suddenly been told he's on a zero hour contract or part-time, or suddenly lost his job and therefore qualifies for some HB. Again how would L know T's change of circumstances, so long as the rent is getting paid.

No repercussions, the Tenant must pay rent while in occupation, regardless of whether they're waiting for eviction or not.

Yes. The letting continues unless/until:

a. the parties jointly end it; or

b. the warrant for possession is actually executed.

Here's s.5(1) and (1A) of the Housing Act 1988, with my emboldening:

5(1). An assured tenancy cannot be brought to an end by the landlord except by:

(a) obtaining:

(i) an order of the court for possession of the dwelling-house under section 7 or 21, and

(ii) the execution of the order,

(b) obtaining an order of the court under section 6A (demotion order), or

© in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power,

and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy.

(1A) Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.