Assured Shorthold Tenancy Problem

What's the date stated in the S21? Are you sure it is asking you to leave in 2 months time?

Assuming it is, call the agent first thing tomorrow morning and say that you believe there has been some confusion as your ast is a fixed term until next Summer and you can't see any reference to a break clause in your contract, so unless they can provide evidence to the contrary, you will ignore the S21 and take action to change the locks in case they intend to do viewings without your agreement.

JackJones456 wrote: »

Thanks for all your very helpful replies.

There is definitely no break clause after 6 months in the Contract.

The property has not yet been sold as the Agent said he has to serve me with the the S21 for me to vacate the property. Then he will put a 'for sale' board up.

Based on the information on this thread, I will change the locks and not leave until a Court orders my eviction.

Thanks everyone.

I do feel for you; we've been homeless twice and I have a disabled child and the worry and stress is just horrendous. The advice you've had here is good and I would say keep checking and rechecking everything you're told and write everything down as well. Personally I wouldn't say much now to the agent or the landlady; it sounds as if they're getting things wrong and quite honestly the longer they get it wrong the longer you'll have where you are at the moment so I'd be inclined to sit tight and don't give them a heads up on what you're doing. Just keep taking appropriate advice and respond when necessary. And don't mention changing the locks, either, just do it and keep it to yourself. I hope things get sorted for you fairly soon

The LL can not even start possession proceedings until your term is up. This is the day before whatever date you moved in in September 2018.

The Lettings Agency is wrong. Ask them to write this instruction to you and explain how eviction can occur with a TA up until September 2018. I doubt they will if they know anything about the law. This will reduce the hassle a little bit.

I went through exactly the same process and was topping up rent by exactly the same amount, with two children with diagnosed ASD, in receipt of DLA. Was extremely depressing to spend money that was supposed to help with their challenges on rent top up but there was no choice. I suppose the cynics among us will say it entitled them to a place to live in.

OK, the council. I found the council did everything possible to make the process as stressful as they could, including inferring initially they didn't have to rehouse me (when they did). Caused some weeks of stress til I found confirmation that what they said wasn't true at all. Its called Gatekeeping. This is when the council says things/infer there is doubt to their duty to help you when actually there is none (sometimes there is, but not as you have presented the situation). They do this to make people give up any hope of having help and find another way to be housed, like sleeping on a friend's/relatives floor. This reduces their housing list. They aren't supposed to do it, but they definitely do.

Your kids will not be taken into care unless there is some other cause for concern. If they did this the social care system would be even more overwhelmed than it is. You probably don't need to be placed in a hostel. I was threatened with single room housing for the family, until I made a case with supporting letters from doctors and a social worker that such housing would be totally unsuitable and present dangers to my children with ASD (like them not being aware of boundaries so could be at risk from other inhabitants of the building, needing access to own cooking facilities etc etc). BUT the evidence had to be from professionals, not you. So start sounding out any professionals involved in the care of your children (and your mother, if there aren't any start getting your mum assessed, get yourself a carers assesment as well - see your councils website for how to do this) and see if they will help. You have a bit of time yet so can build up some evidence hopefully. i was given a maisonette because I had shown with medical evidence that a single room lettings would put my children in danger of harm. There was no threat ever of them being taken into care. Policies in councils differ but try to push for not being placed in single room accommodation (like a hostel).

I don't know if you are aware but to evict you, your LL/LA will need to issue a S21 that can't end before September 2018, then go to court for a Possession Order, wait for at least two weeks (minimum time the court will put on a possession order) then wait for a bailiffs warrant. I am afraid you will find the judge will also put on the order that you will have to repay the LL (in my case) within 30 days.., but he pays the fees initially which are around £500. I paid the fees from my deposit. As some areas have extended waiting times for court dates, this will delay the process further. You could still be in that house at Xmas (but no guarantee, court waiting times in my area only added another month to the process).

The council are able to say that if you leave the property before the bailiffs call at the house to evict you, you will make yourself voluntarily homeless. They aren't supposed to (they are supposed to find you somewhere to live before this point) but many councils do operate in this way. I wasn't given keys until the afternoon of the day the bailiffs came round.

So its not a pleasant process, but you do have some things you can do to protect yourself.

Also phone Shelter. They might help. I personally didn't find them a lot of help because they only would help if the S21 was invalid, but there is lots of information on their site about eviction.

I hope this helps. If you need advice later on in the process, PM me. I will do what I can.

BTW It was stressful but I am now in permanent accommodation, in a maisonette (I am 12 miles from London so there are houses but very glad to be in a maisonette rather than a flat lol). The estate is not one of the best but a quiet paradise compared to the temporary accommodation estate. The temporary place was awful (sink estate) but it was a roof over our heads and there was no iffy Private LL to deal with lol). I also wasn't having to pay £150 top up (just £60 a month extra on council tax and rent which was nothing by comparison). I was in temporary accommodation for 18 months. This will obviously vary according to council. Some councils will place you in another private rental and say that relieves them of any further obligation because you aren't homeless anymore. Unfortunately this is when you will need evidence to show you need to stay in the area because your children are provided services in that area that will take time to set up in other areas (Like social work help/hospital appts etc). I was even able to keep my children in the same schools.

I am afraid as you won't know until the last days of the process or even the last day what you will be placed in, try and find storage for your furniture and places for any pets. You may not be able to put them in whatever is offered to you. You have months to go yet, but clear the house of stuff you don't need on an ongoing basis. Don't leave it til the last minute. I put a lot of stuff into charity shops but you might be able to sell some things.

I asked my council what they did with homeless families right from the start so i knew what to worry about. At the time they didn't place families in private rental properties in cheaper areas of the country, but they are starting to now. Also look online for your council's housing policy. This will give you some information on what to expect and what boxes you have to tick to get any extra help. Your council may give help for the first months deposit and rent to help you find alternative private rental properties, but only to the value of LHA in most areas (in my area actual private rental rates are double that even for the most basic properties so their offering of this help always made me hurt more). However, you may be better off finding a private rental in a cheaper area of your choice, if the council does place people in out of area private rentals, so keep an open mind. Councils just don't care what happens to kids who are moving every time a TA ends because the LL wants to sell. its bad but nothing you can do.

But as I have said, inspite of all this, we did find permanent housing we will be able to live in for some time.