Eviction notice served

mumoftwins · 16 September 2007 at 3:43PM

Hi, don't really know what to say other than my landlord has served an eviction notice on me and the court hearing is tomorrow - I am SO frightened! My twins and I came to live here 18 months ago and since Christmas things have all gone wrong. I was off work for 5 months with stress due to my boss' attitude and another member of staff threatening me and the kids due my finding out about a huge backhander he had accepted and me letting him know that it wasn't the 'done thing' to take this. Then the company terminated my employment - so no salary. Ex husband not paying full amount of maintenance so that plus SSP for 5 months has meant no rent able to be paid since Jan this year. Small amount of HB paid by council but way short of what needed to pay the enormous rent per month. House also sold now so landlord eager for me to go so as I don't hold up sale. However, I have nowhere to go - registered with council back in Jan but have been told I have to wait until after court hearing before they will see me. So I have no idea where the twins and I will go, we have no savings and I can't rent again privately as letting agents have told me that I need to be earning monthly 2.5 times what the rent will be. Also, as I owe so much to landlord I wouldn't get something private. I have never hidden the fact I was struggling from the landlord but couldn't just up and leave as the council would say I had made myself intentionally homeless. So now we WILL be homeless AND I owe the past rent.

Dreading tomorrow - the shame and humiliation of having to go through all my income and expenditure with a fine toothcomb, and explain that I am so depressed that I haven't been able to function properly for months.

Has anyone else been in this situation before? Wha tcan I expect at court tomorrow?

Thanks for reading my woes

Adrasteia01 · 16 September 2007 at 3:51PM

Hi,

I'm sorry to hear you're going through such a difficult time. I honestly don't know much about court processes, but the least they can do is treat you fairly. I think you need to sort somewhere out for you and the twins to stay after you leave your house. Do you have any friends you could stay with for a while, or what about the twins' father? How old are your kids btw?

Wishing you the best of luck,
Tamara

mumoftwins · 16 September 2007 at 4:08PM

Thanks for reply! Twins are boy/girl and they will be 11 next Friday - DD wants a sleepover for her birthday but not sure that we'll have a roof over our heads! Their Father lives 2 hrs away, my boyfriend could have us for a short while but not enough space, and we may be able to bunk in with a friend or two for a few days but none of it is long term. We just want to be settled which we never have been here as the day I got the keys the landlord told me he was selling!

The Council will see me this week after court hearing but its the fear of the unknown that is making me feel so ill and worried.:eek:

taxi73 · 16 September 2007 at 4:20PM

Don't panic as soon as the court proceedings is over go to your council and tell them the date you will be made homeless and tell them that you have nowhere to stay(don't say that you may be able to stay at x,y or z or else they won't help you)...they will then put you in emergency accomodation while awaiting a council place and both of these will be covered by housing benefit.

penguin83 · 16 September 2007 at 4:29PM

Hi mumoftwins, first off a big hug for you (((((((()))))))) x

Make sure you attend the court hearing tomorrow. It will take place in judges chambers instead of a court room and the judge will be wearing a suit. You will sit around a table with the judge and either your landlord or their representative. I know its easy for me to say but dont be scared or embarrassed.

Make sure you tell the judge exactly how the situation came about. Write it down beforehand if you find it easier. Ensure the judge also knows that you have not yet secured alternative accommodation and request time to do so.

Most courts also provide a list of solicitors that will represent you at your hearing. (at our court we list all our possession hearings on the same day and the CAB/Duty solicitors attend in the morning to see if anyone requires any help. It may be worth asking the usher when you get there.

I believe that the below website has a lot of information regarding housing. Its the community legal service direct and is where we direct anybody requesting legal advice.

Hope all goes well x x

http://www.clsdirect.org.uk/index.jsp

ps sorry for the long post x x

mumoftwins · 16 September 2007 at 4:29PM

Thank you!

I know its out of my hands, but I worry about where my furniture will go - if it has to go into storage there is the cost of removals and storage. Just hope that whatever emergency accomodation we may get will be unfurnished so that it will feel like home.

Noone likes change but we will have moved home 3 times in under 2 years and as I moved home with my parents (due to Dad's job) 9 times before I was 17, I just want to be settled!

In some ways I wish I hadn;t divorced but then I would have been miserable forever and thats not me

mumoftwins · 16 September 2007 at 4:32PM

Thanks Penguin83, now crying my eyes out! I don't know how I will cope with this - would there be someone who could come into court with me and speak on my behalf?

melly84 · 16 September 2007 at 4:37PM

Hi i'm in a similar situation, i strongly advise you phone the shelterline, the lady i spoke to was helpful and gave me some good info on making homeless applications to the council and their duty of care to provide me with temporary accomodation if i am made homeless.
If you have nowhere else to go, they HAVE to help as you have young children so dont let them fob you off.

mumoftwins · 16 September 2007 at 4:39PM

Thanks Melly. What sort of info did Shelter give you? Did it take any of the pressure off or stress?

melly84 · 16 September 2007 at 4:39PM

mumoftwins wrote: »

Thanks Penguin83, now crying my eyes out! I don't know how I will cope with this - would there be someone who could come into court with me and speak on my behalf?

The first time i went to court there was a lady from the CAB there who came in with me, i'm not sure if there is one in every court but i would of thought so.

tallyhoh · 16 September 2007 at 4:43PM

taxi73 wrote: »

Don't panic as soon as the court proceedings is over go to your council and tell them the date you will be made homeless and tell them that you have nowhere to stay(don't say that you may be able to stay at x,y or z or else they won't help you)...they will then put you in emergency accomodation while awaiting a council place and both of these will be covered by housing benefit.

Please take extra special notice of taxi73. If you even hint that you have somewhere to stay after the eviction date, the council will not consider you as homeless.
Make sure that when you go to the council you say you have NOWHERE to go.
They may offer you temporary accommodation in bed & breakfast or a hostel, if they do, ACCEPT the offer. Dont tell them you can go somewhere else for a while. Refuse temp accommodation & they will assume that you are ok & forget about you.
Make sure you attend the hearing & tell them exactly what has happened, there is absolutely nothing to be afraid of.

Good Luck!

Good Luck

Eviction notice served

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