“A post on Brendan Clarke-Smith MPs Facebook page states that “Bassetlaw District Council have been evicting Tenants stating a law from 1997 that doesn’t exist.” The post also contains an image of paperwork relating to a Notice to Quit, used by the Council to reclaim possession of temporary accommodation units for people who are homeless / having their homelessness investigated.
Firstly the statement that the “Council have been evicting Tenants stating a law from 1997 that doesn’t exist” is factually incorrect. Bassetlaw District Council have not evicted any tenants in the last 12 months. Secondly, the Council has never used a Notice to Quit to regain possession from a Council Tenant, as this is covered in separate legislation, specifically the 1985 Housing Act.
Bassetlaw District Council has only used the Notice to Quit when individuals it has housed in temporary homeless accommodation are refusing to move on, or where individuals are occupying a Council owned property in circumstances where they do not have a Council tenancy. This has the knock on effect of blocking the temporary units or the Council accommodation for those that need them. Unfortunately in October 2020 the Council issued two Notices to Quit which referred to the Protection of Eviction Act 1997 instead of the Protection of Eviction Act 1977. However the notices did contain all the prescribed information required by law within the 1977 Act and relevant regulations and the typo in itself would not have been prejudicial. But this was bought to our attention by the MP and we did re-issue the notices with the typo corrected. The Council was then able to regain possession of two temporary accommodation units for those who are homeless. No individual was evicted by the Council under incorrect legislation. The MP was kept fully abreast of this in October of last year.
The Council will always follow the appropriate legal process before evicting anyone from one of its properties. This means that, when seeking to recover possession of a property, where the tenant or other occupant remains in occupation, the Council would obtain a court order for possession, and eviction would be used to enforce that order by the Court Bailiffs. Thus ensuring that evictions are lawful.”
Last Updated on Wednesday, April 14, 2021