Family Getting Evicted in 2 Weeks :(

TimMadden · 3 October 2017 at 8:15PM

Hi,

I happily privately rented up until there was a problem with my leaky conservatory a couple of months back. Some days after reporting this to our landlady, a repair guy from a housing association (HA) turned up at my door thinking I was our landlady (he called me by her name upon entering). He seemed confused (which I was too) so I corrected him, explaining that the lady he thought to see is our landlady and that we are her tennants privately renting. After his inspection and some more days later, a lady from the HA appeared at our door to find out what was going on. It turns out, unbeknown to us, the house is owned by the HA and our "landlady" was illegally subletting it to ourselves and making a tidy profit. The lady was lovely a reassured us we will not be getting evicted, they will try to get us to stay in this house and if not will at least house us. 1 month later we get a phonecall from the HA to say they are putting an eviction in place. A rude lady gave us this news and there was no initial ask for us to leave. I also asked about them helping us find housing to which she bluntly replied 'No. We are not legally obliged to do so'. Another month later (Friday 29th Sep 17) we receive an eviction notice through the door from the HA, and the following Monday a 'Notice of Eviction stamped by the county court.

Our leave date is 23rd October 2017- thats less than 20 days away! We have been desperately looking for houses with nothing available in our price range. We have two young children well settled into their new nursery and school. Can we appeal against this? How do we do so? How long may we expect to remain here until eviction or is the 23rd the best we get?! 20 days is not long enough for us to find somewhere nearby my childrens school/nursery and mine/my partners workplace. We just want enough time for us to find somewhere new, especially since they assured us this would not happen

Please help.

thanks in advance

T.

HampshireH · 3 October 2017 at 8:23PM

TimMadden wrote: »

Hi,

IAfter his inspection and some more days later, a lady from the HA appeared at our door to find out what was going on. It turns out, unbeknown to us, the house is owned by the HA and our "landlady" was illegally subletting it to ourselves and making a tidy profit. The lady was lovely a reassured us we will not be getting evicted, they will try to get us to stay in this house and if not will at least house us.

I also asked about them helping us find housing to which she bluntly replied 'No. We are not legally obliged to do so'. Another month later (Friday 29th Sep 17) we receive an eviction notice through the door from the HA, and the following Monday a 'Notice of Eviction stamped by the county court.

.

I'm sorry you have received such poor advice from a Housing Officer. They should never have advised you that it would be OK, nor that they would house you. They have no obligation to house you, and have a duty to comply with Service level agreements in place with the Councils housing policy.

This advice was really really poor.

The person the phone was correct in saying that they do not have a duty to find you accommodation. That would be yours or the councils depending on your situation. The council will tell you to stay put until a bailiff evicts you. (bear in mind the distress this will cause to your family as if this happens you will literally be asked to leave there and then. Some landlords store belongings but as this isn't your house its dodgy ground as to who could claim the items from the HA If they store them as proof may be required of ownership).

You must live in an area where the courts have nothing much to do as that's a very swift eviction notice. I presume you meant a Warrant to evict?

Usually a court order would need to be sought and possession applied for before approx. 8 weeks or so when an eviction date is booked.

Can you clarify what the paperwork you have received actually says and who it was addressed to? Should be your landlady - aka tenant of the HA unless they have taken action against you for illegally being in situ (unlikely without 1st granting possession)

I would recommend getting yourself some advice from the council and start calling local letting agents.

Out of interest

How long have you lived there? Do you have a tenancy agreement with your LL through a LA? Was it furnished?
It is just out of interest as it won't help with the HA

Forgot to add; Notices would have had to have been served at the property. Your Landlord would have been receiving post throughout this time at your address?

Cakeguts · 3 October 2017 at 8:35PM

They probably haven't evicted you because you don't have a tenancy with them. What they have done is evicted your "landlady." You can't appeal the eviction of your "landlady." This is not like the normal section 21 notice because that is served on tenants. You are not tenants of the Housing Association.

You have actually had 2 months to find somewhere else because you had a month after the Housing Association told you that they were going to evict you and then you got another month after the notice to say that the courts had given the Housing Association possession so it isn't only 20 days that is how long you have left it.

It isn't the fault of the Housing Association that you have been conned by their tenant. Basically you are going to have to move. So the sooner you find somewhere to move to the better. Because you say you can't find anything in your budget makes me think that the lady managed to con you because she offered a property that seemed to be cheap for the area?

TimMadden · 3 October 2017 at 9:13PM

@HampshireH
The 2 pieces of paperwork we have received are both addressed differently.
- The eviction notice sent by the HA themselves is addressed just to myself (yep, just me. Not my wife or kids for some reason?) It reads: ”he eviction date has been set by the courts for [property address]… The warrant will be enforced by a Court Bailiff” along with some advising us to find our own accommodation and how to seek advice.
- The second piece is addressed [To the LL and any other occupiers] of the property. It is titled ‘Notice of Eviction’ and reads “the court has issued a warrant for the possession of the above property (land) at the request of the claimant. The warrant gives a county court bailiff the authority to evict you and hand over possession to the claimant” it goes on to tell me times and dates, locks being changed, advise seeking etc.

Based on the above, are they permitted to evict us on the 23rd? Is there anyway we can prolong the process? We have lived here for a year come Mid October. We had a tenancy agreement with our LL but was told by solicitors it is null and void. It wasn’t furnished. Mail of the LL has been delivered here since we have lived here.

@Cakeguts Correct. We have had some time to find somewhere. We have been looking. Prior to moving to this house we were looking for almost 2 years before we found one in the area we liked. It is sought after and fairly expensive with VERY little coming in at the price we can afford. Same goes for villages within a approx. 10mile radius. Maybe the property was slightly cheap for the area thinking about it.

Thanks both

HampshireH · 3 October 2017 at 9:26PM

If there is a warrant from the court for a bailiff then you wont be able to postpone things. Your landlord could apply for a stay hearing and appeal to the judge. However your not that person & for such a breach is highly unlikely to be given. You have no legal entitlement to the property or additional time. However the warrant is to evict your landlord. They are informing you our of courtesy it would seem. Your landlord has committed housing fraud

It will not be address to your kids that's just crazy. Your wife... well if they have your details then it will be addressed to you. Again out of courtesy.

You are best going to the council and seeking advice. Not sure why you haven't before now?

Bailiff eviction isn't a pleasant experience for those who don't prepare to leave or who haven't left ahead of the eviction. They will knock, check the property, insist you leave (they don't hang around they have other places to be) wait for the locks to be changed and go. If you refuse access the door lock will be drilled out and access gained.

You mention seeing a solicitor - they are right - the tenant had no right to issue a tenancy agreement and so therefore its not valid. I am surprised your solicitor hasn't signposted you for housing advice

So the HA have sent you info and advice on re-homing. In your 1st post you said they had refused to help you.

BorisThomson · 3 October 2017 at 9:35PM

If you can't afford anything within ten miles then you'll need to extend your search area. Unless your circumstances are going to improve soon then you need somewhere affordable in the long term, you can travel a little further for work and you can apply for closer schools for your children. If you get moving now they may even get a place for after half term.

You have a relatively short time to make plans for the longer term. You need to be realistic in what you're going to be able to afford and stop trying to delay the inevitable.

theartfullodger · 3 October 2017 at 9:36PM

You have a valid, firm, tenancy with a crooked landlady who should not have rented the place.

The HA cannot (may not, legally not permitted ..) to evict you without a court order & bailiffs etc.. Unless you see court papers saying bailiff arriving dd/mm/yy @ hh:mm (**) telling you to go, don't. Even if you do, call Shelter 0808 800 4444 for free advice 1st (expect a wait).

I hope the tax-man & benefit people prosecute your evil landlady. I hope HA pursue her, that she gets a criminal record & is sent to jail.

I 'ates crooks & cheats, be they tenant, agent, landlord, landlady, HA, MP etc....

** I suspect you've got court paper as a "possession order" with an expiry date of 23rd October. That does not end tenancy nor (quite..) require you to leave - bailiffs needed for that.

Really sorry this has happened to you.

HampshireH · 3 October 2017 at 9:37PM

theartfullodger wrote: »

You have a valid, firm, tenancy with a crooked landlady who should not have rented the place.

The HA cannot (may not, legally not permitted ..) to evict you without a court order & bailiffs etc.. Unless you see court papers telling you to go, don't. Even if you do, call Shelter 0808 800 4444 for free advice 1st (expect a wait).

I hope the tax-man & benefit people prosecute your evil landlady. I hope HA pursue her, that she gets a criminal record & is sent to jail.

I 'ates crooks & cheats, be they tenant, agent, landlord, landlady, HA, MP etc....

He has a copy of the bailiff warrant for eviction stamped from the court.

BorisThomson · 3 October 2017 at 9:41PM

theartfullodger wrote: »

You have a valid, firm, tenancy with a crooked landlady who should not have rented the place.

The HA cannot (may not, legally not permitted ..) to evict you without a court order & bailiffs etc.. Unless you see court papers telling you to go, don't. Even if you do, call Shelter 0808 800 4444 for free advice 1st (expect a wait).

I hope the tax-man & benefit people prosecute your evil landlady. I hope HA pursue her, that she gets a criminal record & is sent to jail.

I 'ates crooks & cheats, be they tenant, agent, landlord, landlady, HA, MP etc....

Have you missed half the thread? The HA has issued the relevant paperwork to both the LL and the tenant. The tenant does not have a valid tenancy agreement as the LL had no authority to let the property.

Assuming it's the first time the LL has done this, the most she will get is a fine (and a criminal record). The benefit people are unlikely to take an interest because there's no mention of anyone claiming benefits!

Cakeguts · 3 October 2017 at 9:42PM

TimMadden wrote: »

@HampshireH
The 2 pieces of paperwork we have received are both addressed differently.
- The eviction notice sent by the HA themselves is addressed just to myself (yep, just me. Not my wife or kids for some reason?) It reads: ”he eviction date has been set by the courts for [property address]… The warrant will be enforced by a Court Bailiff” along with some advising us to find our own accommodation and how to seek advice.
- The second piece is addressed [To the LL and any other occupiers] of the property. It is titled ‘Notice of Eviction’ and reads “the court has issued a warrant for the possession of the above property (land) at the request of the claimant. The warrant gives a county court bailiff the authority to evict you and hand over possession to the claimant” it goes on to tell me times and dates, locks being changed, advise seeking etc.

Based on the above, are they permitted to evict us on the 23rd? Is there anyway we can prolong the process? We have lived here for a year come Mid October. We had a tenancy agreement with our LL but was told by solicitors it is null and void. It wasn’t furnished. Mail of the LL has been delivered here since we have lived here.

@Cakeguts Correct. We have had some time to find somewhere. We have been looking. Prior to moving to this house we were looking for almost 2 years before we found one in the area we liked. It is sought after and fairly expensive with VERY little coming in at the price we can afford. Same goes for villages within a approx. 10mile radius. Maybe the property was slightly cheap for the area thinking about it.

Thanks both

It looks as if you have had a notice to say that the court bailiffs will be evicting you on the date you have been given. That is effectively saying that you have got to move out on that day. You can't stay on in the house because you are not a tenant of the owner the Housing Association. Your landlady has let a house to you that she doesn't own or have a right to let to anyone. You are effectively living in someone else's property. You have no right at all to be there you never have had the right to be there. The Housing Association is entitled to have its property back on the day that you have been given. This is not like a normal landlord tenant eviction because you are not the tenant and the Housing Assoction is not your landlord so you can't stay on because you have no right to be there now. So yes the Housing Association is entitled to evict you on that day. The bailiffs will come and you will have to leave on the date they have given you. You can't stay on. On or before that day you have got to be out of that property.

It is now urgent that you find somewhere else to live and it doesn't look as if it is going to be in the local area. You don't have time to wait for something you can afford to come up. You need to get something now. Expand the area that you are looking in to an area that you can afford.

You are probably going to have to move to a different area where you can easily afford to rent a house as it sounds as if where you are at the moment is too expensive for you?

What you need to know is this. A landlord never lets a house for less than they can get for it. So if a house looks cheap for the area you need to be very careful. Cheap for an area means that there is a problem with the property. Landlords with good properties let at the market rent. You probably got conned by this lady because you thought that the house was "good value" for where it was?

Did you rent through a letting agent? You can find out the owner of a property from the Land Registry so that you don't get caught like this again.

TimMadden · 3 October 2017 at 9:44PM

@HampshireH We went to see a solicitors to seek advice when this all first kicked off. They said that when a letter is received to contact them again and they will help us to appeal which would prolong the process of eviction and give us more time to find a new property. My other half has spoke to them today. They said they cannot help us anymore as they had a consultation with our LL without knowing. Now they can no longer take our case- when we had a consultation with the solicitors we explained the whole situation, however, this case is between us and the HA no longer us and the LL? Sorry for the unclarity. I had no time to make any calls today as I was at work and my O/H isn't the most informative. So I am unclear myself, which is why I turned to here for help. I will be making calls tomorrow to find answers for sure.

Regarding help for housing... we were told we would be re-housed by them before it would even reach eviction. What we got was an eviction notice telling us our council may be able to help with homelessness, which I wouldn't really regard as helping to home us, just generic advice!

Thanks.

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Family Getting Evicted in 2 Weeks :(

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