What To Do When...

Introduction

You may never experience any of the below situations. You may, however, experience a handful. You will be housing the homeless and marginalised for several years before you get anywhere near experiencing all of these situations. Our partner in Southport who have been housing the homeless for over 15 years and have not experienced all of these situations. Please therefore do not allow fear to creep in through reading this document. Rather see it as a useful document to facilitate your housing project.  

Please note that the below does not constitute legal advice. We recommend that you seek the advice of an appropriately qualified legal practitioner if this is required.

Resident Issues

Resident Goes Missing

If you believe your resident has abandoned the property it’s important that you attempt to contact them. Is it possible they are in hospital, extended holiday or possibly prison? If you believe they have abandoned the property then you must put an abandonment notice on the door. This notice lasts for 28 days and if the resident contacts you within this period then they have not abandoned their property. After this period you can regain ownership of the property again. You have a responsibility to store their items and possessions for 6 months for them to collect unless the cost of storing the items cannot be recouped by the sale of them at the end of their period.

An imprisoned or incarcerated resident or tenant’s belongings are still in the property and they’re unwilling to collect

In this circumstance it doesn’t make a difference whether the individual is a resident or tenant.

If they have abandoned or left the property and abandoned items, you have a responsibility to store their items and possessions for 6 months. If they come back to collect their items within this time you can request that they pay anything that you have had to pay to store the items anno obligation to store them.

If the cost of the storage will exceed the value of the items you are under no obligation to keep the items. It is unlikely that the residents will have any large items that require storage that will have a value that exceeds the cost of storage. Usually this law is applied to items such as cars and vehicles.

If they have ended their tenancy or residency and simply not collected their items then before disposing of the items you must contact the resident (preferably by recorded delivery or email which you will be able to retain proof of) to state what items you have, where they are stored, how they can collect them and the date you will sell/dispose of them. This date should be at least 2 weeks away. If you don’t have an address to contact them you should be able to prove you made a reasonable effort to contact them, this may include contacting them at their last known address or contacting the referral agency you received their application from. If you go on to sell the items the proceeds of the sale belong to the resident but you can deduct any arrears they have, the cost of storing the items, the cost of clearing the property and the cost of the sale any debts they have at the property.  

A resident is taking illegal drugs (or ‘legal highs')

Speak to the resident as soon as possible. They may have a prescription for it, if they do make sure that all drugs are being stored appropriately and let the resident know that they should tell you about such things.

‘Legal’ highs- Since the Psychoactive Substance Misuse Act came into force in May 2016; products previously known as legal highs are no longer legal. This includes synthetic cannabinoids such as Spice. We recommend that you also specify no controlled substances including those formerly known as ‘legal’ highs may be used or stored on the premises. It is important to explain to your resident that even if something may have been legal in the past this does not mean that they are safer than other drugs. Spice is approximately 10 times stronger than cannabis for example.

If a resident is seriously ill due to taking illegal drugs call 999. If it is not an emergency but they need medical attention outside of normal hours you can call NHS Direct on 111 who will advise you.

If you would like to get more advice on drugs, controlled substances, how to spot the signs, the law or anything else you can call the free government service Talk to Frank on 0300 123 6600. ‍

A resident is selling illegal drugs

As with any illegal activity, if you believe one of your residents is selling illegal drugs you must contact the police immediately. It can be difficult but you have a duty of care to your resident and this is ultimately in their best interest. This is especially important if it is a shared property. You can contact the Citizens Advice for legal guidance and to request a legal aid solicitor go to the Government website. You will need to be able to prove the resident cannot afford a solicitor through their own means. You can continue to care and pray for them during this period. If your resident goes to prison please see the ‘Resident goes to prison’ section for more guidance.

If you think they may be growing or producing drugs at the property it is even more important to contact the police otherwise your organisation and potentially you personally will be committing a crime.  ‍

A resident has changed or broken the locks and is denying entry

If you signed a tenancy agreement then it might sound obvious but you will need to say specifically that they are not allowed to change the locks without your consent and they must give you a spare set of keys to enter the property. If not then they do have a right to change the keys without consulting you. The only option would be to move to eviction with a section 21 notice. They have a responsibility to grant you access for maintenance repairs or if there is an emergency but unless stated in the tenancy agreement have no obligation to give you general access to the property.  

If they deny you access to the property you must put in writing your request to access the property for maintenance repairs and give them at least 24 hours notice. If they still deny you access then you can seek an injunction seeking entry to the property. If the lock they have fitted is inadequate it is important you arrange to have it changed as soon as possible after you are given permission to do so.  

If they are residents are on a license agreement call your PM.  ‍

A resident becomes violent

In an emergency call 999.

Residents do not usually develop violence from nowhere, often there will be a trigger whether that is a subject broached verbally or becoming involved with substance misuse or an experience which has made them upset; do make sure that you interview all potential residents so you know their full histories. We recommend that you only accept referrals from referral agencies that feel they can give you a full picture of their nature and any tendencies for violence or threatening behaviour.  

If someone has become violent and poses a threat to property but not to other humans approach them with a colleague and try to establish the reasons for the behaviour. Violence is an infringement of house rules. Issue a verbal and written warning that is proportionate to the offence. Also let the person know that the property is not theirs and as a result they will be responsible for paying damages on any broken property.  

If someone has become violent towards other residents and cannot be safely contained then they need to be removed from the house either temporarily to calm down or permanently. You need to involve other parties such as the police (if the person is being violent right now call 999 or use your existing links with community police officers if currently calm) or potentially the mental health team (sectioning under section 2 or 3 of Mental Health Act). They cannot remain at the property because they pose a threat to other residents.  

Once the individual is off-site there is time to get the full story from all residents affected and decide between yourselves if there is any circumstance or context in which you could house them again - a different house that doesn’t have triggers or a commitment from social services to provide higher levels of support. Do not be pressured into receiving a resident who you do not feel confident in managing.  

A resident has a mental breakdown

Each resident is different and part of caring for vulnerable people means that you may come across people who need more support than you thought. How you react to this will depend on how equipped you are as a team, what extra support needs they have, the type of property you have and how well you know them. Please speak with your Partnership Manager for specific guidance.

It is always important to consider the implications for other residents in the property or neighbours.  

If you decide to start eviction, if you have a license agreement you can issue the appropriate length notice. If you have a tenancy agreement with your tenant, we would strongly advise evicting under Section 21 rather than Section 8 even if they have blatantly broken their agreement. If you are still within a fixed term we would recommend speaking with your Partnership Manager and seeking specific legal advice. This is because you will have to prove that evicting the resident has been done to protect the community or the residents own mental health if you are evicting because of problems related to their mental health.  

A resident breaks into a part of the building that isn’t their living space

Ensure the licence or tenancy includes a line about not accessing lofts or the bedrooms of others. Any move that infringes this line is dealt with in the same way as you would deal with any other infringement. Depending on severity, verbal warning, written warning or eviction. ‍

Neighbours complain to you

Neighbours will often be unaware that the property is anything other than a standard rented house. Although it is, of course, your decision whether you choose to let them know more about your project we would advise against it. If a neighbour has come to you directly to complain then listen to their concerns and see if you can come to common understanding of how to resolve them. If the neighbour has complained elsewhere e.g. to other neighbours, community groups then our personal experience has been that things are resolved quicker if you do not react. Obviously much depends on the type of complaint and how the neighbour has gone about it so if you need further advice please contact your Partnership Manager. Complaints from the council should be dealt with formally, the best thing would be to ask for a meeting to explain further.  ‍

Resident refuses to sign paperwork

It depends what paperwork you are asking your resident to sign and why they are refusing. With all paperwork ask why they are refusing. If they would be happy with a simple wording change then it might be worth considering.

Starting paperwork e.g. license agreement, letter of authority to HB - Ideally you will be able to sit down with any potential resident before they move into the property to go through the paperwork they will be expected to sign. This is a condition of the offer. If they are unhappy and refuse to sign anything there then alarm bells should ring. Do not let a resident move in if they have not signed their paperwork.  

New tenancy agreement - A tenant is under no legal obligation to sign a new tenancy agreement. If they refuse to sign it’s important to ask why. If the issue can’t be resolved and they will not be signing, how will this impact the other tenants at the property? What precedence is this setting for your relationship with them? Depending on circumstances we would often recommend moving towards eviction but please get in touch with your Partnership Manager to discuss the matter if you would like more specific advice.    

Section 21 Notice - Ideally if you have to issue someone with a Section 21 notice then you can ask them to sign in to say they have received it. This is not a requirement and if they refuse that is fine, they are under no obligation to do so. If you think they may refuse to sign then we recommend posting it by recorded delivery or with a proof of postage. You will find a template of the form you need to use here. ‍

Resident stealing electricity

It’s important to keep an eye on your electricity meter and we would recommend making sure the electricity supplier has your contact details also, that way you will hear of any issues as soon as possible.

Stealing electricity is not only illegal it is also extremely dangerous. If you discover a resident is stealing electricity from the supplier then this is fraud, you must bring this to the supplier's attention as soon as you find out. You should also report it here. We also recommend moving towards eviction if possible depending on the situation. Please speak with your Partnership Manager if you are not sure how to engage with your resident over this.  ‍

Resident is not engaging with the Support Plan

Your license or tenancy agreement should specify that engaging with their support plan is part and parcel of living in supported accommodation. They may be choosing not to engage because they feel that the support is not structured in a way that can be useful to them. Discuss with them how they feel they could be supported better or how they feel it would be most beneficial for them to receive support. You can speak to your Partnership Manager if you would like some advice on how you could support your resident in a different way.

They may feel that they no longer require the support that is being provided, in which case it would be time to help them transition into independent living. It is important for the resident to know that just because they start transitioning into independent living, it does not mean they have to cut contact with you as a support network but the support offered will decrease and support can be offered on a more reactive basis.  

Council/ Benefit Issues

Council tells you to register with CQC

Are you providing support services to someone with alcohol or drug dependency or mental illness? If yes you need to register your personal care with the CQC, if you are just providing accommodation for someone who requires support of that kind you do not need to register. See HERE for further reference.

Housing Benefit gets cancelled

1. Establish exactly why it has been stopped. When you signed up the resident you should have asked the resident to sign two letters (one for you and one for HB) of authority allowing you, as the landlord, the right to discuss their claim with the benefits office. It is very important to get this letter signed by the resident at sign up but it can be done (with the residents permission) at a later stage but the resident is under no obligation to sign it.

2. Find out if your local council has a department for landlords who rent their property to residents receiving housing benefit.  

3. Always confirm the details give to you with both the resident and the HB office. You will usually have one calendar month to prove the reasons for a suspension in a housing benefit claim are unjust before the decision is made to cancel. Always keep records of any documents or conversations you have with the benefits office and if possible send any documents via recorded delivery.

4. If you think that your lease payment to Green Pastures may be delayed due to a gap in payment from HB please contact your Partnership Manager immediately. They will be able to arrange for you to pay at a later time if you are not able to cover this from your organisation.  

Sanction - Often a resident’s HB is passported from their Job Seeker's Allowance claim. If they have been sanctioned for their JSA it often has an effect on their HB although this should not be the case. If you discover that it is then refer the Benefits office to The Oakley Review and the statement issued from the DWP in October 2015 ‘Claimants who are receiving passported HB should continue to do so without interruption, when a sanction is applied. No action should be taken on the HB claim as a result of the sanction.’ There is more information about this here.  

They believe that the address is not the residents primary residence - If the benefits office receives information that your resident is living at an alternative address then they may attempt to stop the claim. They should write to the address before the claim is stopped. It is important you immediately contact them to discuss the matter. They may arrange an unannounced visit to the property to asses whether the resident is living there. If a resident spends time (including some nights) at another property it does not necessarily mean that your property isn’t their primary residence.

Inaccuracies are discovered in the initial application - This may include the benefits office discovering or gaining access to information that may suggest the resident had savings above £6,000 that were not declared at the start of the claim. Arrange to speak with the housing benefit team as soon as possible and if this is the case you must challenge your tenant or resident about the issue. Speak with your Partnership Manager for more specific advice in your particular circumstance.

They have moved into employment - Depending on how many hours they work and how much they earn your resident may have part or all of their HB claim stopped. It is important that when supporting a resident back into employment you work with them to budget to be able to pay their rent or the part that HB are not paying. There are calculators to establish how much of each benefit they are entitled to here. Please speak to your Partnership Manager to receive your tapering rule calculator spreadsheet which will give you an idea of how a residents earnings will affect their housing benefit income.

Property Issues

Police knock down a door

If the police or emergency service knock down a front door of a property they will only pay for the replacement and repairs if the search was unlawful or the force used was excessive. An unlawful search may include if they were previously aware that the tenant was not going to be at the property. Regardless of whether you are claiming compensation from the police we recommend that you replace/repair the door as soon as possible as the police will secure the property but this is unlikely to be as secure as a proper functioning door and lock. If you are going to attempt to claim compensation contact your local police authority for details of their procedure on this matter.

There are needles left at a property after a resident leaves

If you know or believe there are used needles left at a property you should pay for a needle sweep of the property. You can try contacting a local rehab centre to see if they have a local contact for this kind of cleaning service. Alternatively Rentokil offer this service here although there are likely to be cheaper local alternatives available. They charge £50 call out fee, £190 first hour, £120 subsequent hours and £45 per litre box for sharps (prices correct Nov 2015).  ‍

Drain blockages

If you have a blocked drain there is a step by step guide here. Unless it is hazardous to do so it is always worth attempting to fix this yourself before calling in a professional.

White goods are broken or damages

This will most probably be your responsibility to repair/replace. It will depend what you have agreed with your resident but especially if there has been an electrical problem we recommend that you replace the item as soon as possible as it may now be hazardous for the residents. If you are claiming exempt accommodation for the property you will be able to claim the cost of white goods. If you believe that the damage has been caused by a resident mistreating the item then you can issue them a warning if this was written into their agreement.  

If you are unable to dispose of your unwanted white goods, most councils will arrange to collect bulky items for a small fee. This can sometimes take a few weeks so it is worth calling them as soon as possible. ‍

Suspected water leak

If you suspect you have a water leakage but you aren’t sure which appliance is leaking you can follow this guide. Once you have found the leak you may be able to deal with this yourself but it may require a professional. If your water bill is high but you do not believe the leak is coming from one of your appliances, contact your water supplier and they will attend the property to identify if there is a problem with their equipment providing water to the property. If you are unsure you are welcome to contact your Partnership Manager who will advise you.

Leak in flat above comes through the ceiling

Talk to the residents in both the leak-producing and leak-affected flat as soon as possible to establish why the leak occurred - did someone leave their bath running and forget about it? Did a resident’s children stuff kids toys down the toilet? (its happened trust us!) Or was there an issue with an appliance? It is important to find out if the leak is a result of someone's negligence or a hidden pipe as this affects whether you need a plumber to run diagnostics or not and who pays.  

You will need to coordinate both residents’ availability for contractors if work required on both properties.

Next steps depend on whether you own or maintain the flat that produces the leak. If you manage both the leak-producing flat and leak-affected    flat and there is no obvious negligence call a plumber as soon as possible to come and run diagnostics on both flats to find the source of the leak and repair any damage. If the water has soaked through a substantial area of the ceiling the flat may well need a week to dry out before the electrician will do work. You may also need an electrician to safety check the electrics if the leak has tripped the fuse on the electrics in the leak-affected flat. You might want to give the affected areas a fresh lick of paint once the flat is totally dry. These repairs will be charged to you and should be reclaimed from housing benefit from your Major and Minor Repairs fund.     (ii) if you do not own the property and you can evidence the leak is the product of negligence the flat above should pay for any repairs. If it is a non-visible pipe the area is slightly more grey, you might agree to go halves and claim on your insurance. Call a plumber liaise with the other resident to get access to run diagnostics, then proceed as article 1.

You discover damp

Regardless of the type of damp, as the landlord you are responsible to manage it as soon as you are made aware of the problem. Do a quick diagnostic look yourself, what sort of damp is it? Is it definitely damp and not just condensation? Often residents turn down the heating etc to save money and this can lead to condensation in window areas. See Maintenance Handbook and Preventing Condensation in Partner Log in. Management of damp is related to its source - check brickwork, rendering and gutters for any broken sections or blockages and repair as required, reseal windows. Old houses with rising damp will need re-coursing with damp-proofing, this is expensive, be sure its rising damp you are dealing with before instructing this kind of work.

Pests & Pets

You discover a resident is keeping a pet

We do not recommend that you allow pets in your property. If you discover a resident is keeping a pet on the property it’s important to establish, what kind of pet it is, how long it’s been there, is it their pet that they intend to keep or are they looking after it for someone?  

We recommend that if they insist on keeping a pet that you move to eviction depending on the circumstances (there’s a big difference between keeping a goldfish and a family of pit bulls!). If you have written in your tenancy agreement that they are not allowed pets and they have broken it then you can issue a section 8 notice under ground 12 ‘A tenant has breached any term of the tenancy agreement’. But we recommend issuing a section 21 notice which is a no fault eviction and can be a quicker, simpler process.

You discover a bird nest in your property

If there are birds nesting in your attic/inside your property you are NOT allowed to remove it until the young have flown the nest. There is an exception for feral pigeons if you can show you are removing the nest because it is causing a health risk. A local pest control service can remove the pigeons for you.  

If you discover bats nesting in your property you should call the Bat Conservation Trust on 0845 1300 228 who will advise you what to do dependent on the situation, location and type of bat. If you find a sick or injured bat, do NOT touch it. Bats carry very serious diseases that can be passed to humans such as rabies, call the Bat Conservation Trust first to get advice.

If you think you are likely to have birds (particularly pigeons) nesting e.g. neighbouring properties have had a problem with this or your property previously has had a problem with this, then we recommend bird proofing your property. This must be done during the winter months. There is guidance on what to do here.   ‍

You discover a wasp nest

Some councils are able to help with the removal of wasp nests. Contact them before investigating other options as they are unlikely to pay you back if you hire someone first. It is important to deal with the problem as soon as possible, particularly if you notice the start of a nest in spring time as this can quickly get worse.  

If you aren’t allergic to wasp stings and the nest is small (no bigger than a tennis ball) and looks easy to remove you can attempt removing it yourself although we recommend extreme caution. There is a step by step guide here. Alternatively you can call a local pest control service. They will charge around £30 - £60 depending on your location and size of the nest. Prices will be higher in London. ‍

You discover a bee nest

Some councils are able to help with the removal of bee nests. Contact them before investigating other options as they are unlikely to pay you back if you hire someone first.  

Bees are endangered but no bee species are listed as a protected species. Although it is perfectly legal to remove them from your property, it is recommended that if they are not causing a problem or a danger then you leave them. Once the summer season is over (around late July / early August) the bees will start to fly away and not return back to the nest.  

If you believe you have honey bees then the Beekeepers Association may come to collect the swarm free of charge. You can contact them here.  

If the colony is or is likely to become dangerous then contact a local pest control agency. Prices will vary a lot depending on the size, species and your location but they start around £50. We do not recommend attempting to remove the nest yourself as bees become very aggressive when the nest is threatened.