2 years ago I let a property to a man and his wife as joint tenants. For the first 18mths the rent was paid each month on time. Their relationship broke down and she refuses to contribute to the household expenses and now only spends part of the week at the property (as a matter of convenience as it's close to her place of work). He made a claim for hb as he has two young sons living with him but this was refused as she still 'lives' at the property. He asked her to move out but she refused and told him there was nothing he could do to make her. There is now serious rent arrears and I served a s21 and the notice period expires this Thursday. He has been to the council to see if they can help him stay in the property by way of helping clear the arrears - they have refused and sent him away with a form to apply for a loan for a deposit on another property. He had jumped through hoops with the hb dept to try to prove that although his wife is sometimes at the property they are living separate lives. This week his claim was refused as his weekly income is..... wait for it.... £999.99! The man is on his knees and until recently been living off the foodbank. He has now secured a new position (after being laid off at the beginning of the year)working on a part time basis at minimum wage - his income is around £130pw. He has been a great tenant and I hate to have to evict him. The only time he has gone into arrears has been the two times in the past when he has had to deal with the hb dept. I believe the council and hb dept have both given him bad advice - surely he is due hb and surely, if it does come to eviction, they have a duty to house him as a priority due to his young children. I feel for him and his family and would be more than happy to let them stay at the property if the various departments could get their acts together. He's on a rolling tenancy and I would like to know now I've served the s21, if once it goes to court can I offer him a new tenancy in his name so that he can get rid of the wife properly and be able to secure himself and his children? Also, does anybody know if the council are likely to make me a financial offer to let him stay as today they have sent me a questionnaire and one of the questions is 'are there any terms by which the landlord would be willing to let the tenant remain in the tenancy' - the simple answer to that is yes, if the arrears are cleared and the rent is paid. They have told him they won't do anything further for him until I have applied for a possession order.
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