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  • FIRST POST
    • TimMadden
    • By TimMadden 3rd Oct 17, 8:15 PM
    • 7Posts
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    TimMadden
    Family Getting Evicted in 2 Weeks :(
    • #1
    • 3rd Oct 17, 8:15 PM
    Family Getting Evicted in 2 Weeks :( 3rd Oct 17 at 8:15 PM
    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.
Page 2
    • Cakeguts
    • By Cakeguts 3rd Oct 17, 10:06 PM
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    Cakeguts
    @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.
    Originally posted by TimMadden
    Although you explained the situation to the solicitors they may not have realised that you were living in a Housing Association property that you were not entitled to occupy. If it had been a sublet of a privately owned house then the eviction process would have been different. The problem with where you are living is that your "landlady" was not legally allowed to sublet a Housing Association property.

    You have no case with the Housing Association. The Housing Association does not have any contract with you. The first person who spoke to you about this gave you the wrong advice. This wrong advice doesn't mean that you have a contract with the Housing Association for rehousing.

    The Housing Association has given you around 2 months to find somewhere else to live. In that time you could have gone to the council to ask for advice.

    The point is that this is now very urgent. On the date that you have been given the bailiffs are going to turn up at the house and evict you. They will change the locks and you will be homeless unless you get something else as soon as possible. This isn't a case of you being able to stay on while you look for a property in your chosen area you have got to get something soon. The sooner the better.

    Tomorrow rather than trying to force the Housing Association to give you housing that they probably haven't got you need to be getting onto letting agents to find somewhere to live.
    • HampshireH
    • By HampshireH 3rd Oct 17, 10:08 PM
    • 269 Posts
    • 274 Thanks
    HampshireH
    Please take mine and Cakeguts advice. Its really important you do or you will be homeless with a few bags outside someone elses front door. That is the harsh reality.
    • Candyapple
    • By Candyapple 3rd Oct 17, 10:13 PM
    • 2,495 Posts
    • 1,863 Thanks
    Candyapple
    OP what area do you live in? Is it somewhere expensive like London?

    Can you take annual leave from your job to sort this out at the council?
    I'm a Board Guide on the Credit Cards, Loans, Credit Files & Ratings boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com
    • deannatrois
    • By deannatrois 3rd Oct 17, 10:13 PM
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    deannatrois
    Tim please stop being distracted by finding out if you can sue anyone etc. That's for later. You've been told over and over you can't prevent your family losing your home. That is a bad situation to be in and totally unfair but now you need to accept that and move somewhere else.

    You need to concentrate on finding somewhere to live. If you can't find a private rental, you MUST go to the council. Take a morning off work and go to your housing office. Before you do that, make sure you have lived long enough in the borough to establish a local connection (see their housing policy online).

    You seem to be relying on the wrong people (solicitors and a HA whose house you are living in without being the tenant through no fault of your own) for advice. Even here.

    The council are known for gatekeeping (telling you for one reason or other that later turns out to be untrue that they can't help you.). If they say this, phone Shelter and check what they have said. It happened to me.

    You can get through this, but I am afraid you have to face it head on and deal with it. Not get distracted. As advised, you may have to either increase your income or be prepared to move to another area with more affordable housing. Your kids will be upset by a move, yes, but they will be more upset by not having a home and not being part of the family.

    I am sorry to say all this but you have no choice, its time to make some hard decisions. My children had special needs so I had to keep them in the same schools as I'd worked hard to develop a suitable environment for them. But usually kids will adapt.
    Last edited by deannatrois; 03-10-2017 at 10:18 PM.
    • iammumtoone
    • By iammumtoone 3rd Oct 17, 10:18 PM
    • 5,359 Posts
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    iammumtoone
    We do not know your financial situation but I would be looking to see costs of storage facilitates.

    You need a house but you also need a back up plan.

    If the worse happens and you don't find anywhere available then you need to be getting your furniture/belongings out of the house.

    As you have children the council will have to re-house you but they wont do this until your are evicted AND it won't be nice, the housing could be anywhere or a B&B in emergency accommodation, you will not be able to take your stuff with you.

    Your best option is to find somewhere fast, even if its not in your ideal location, stay there for a year to give you time to move again to somewhere more suited.

    Good Luck
    • deannatrois
    • By deannatrois 3rd Oct 17, 10:22 PM
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    deannatrois
    And I am afraid emergency accommodation provided by the council is normally VERY expensive (God knows why). You will usually find about the same price as a cheap house in the same area - for a room. There are exceptions but this is what I found. Be prepared to move away if you have to.
    • Cakeguts
    • By Cakeguts 3rd Oct 17, 10:27 PM
    • 3,280 Posts
    • 4,573 Thanks
    Cakeguts
    The absolute most important fact that you must take notice of is that you will not be allowed to stay in that house. The court has granted possession of the house to the Housing Association. The Housing Association are going to take possession on the date that you have been told the bailiffs are coming. The point is that the Housing Association have already had the house returned to them by the court from your "landlady." They have given you notice of the day when they will take possession to give you time to find somewhere to move to. Your "landlady" is no longer a tenant of the Housing Association they have got the house back from her. They got the house back from her on the day that the court granted possession.

    The Housing Association have said that they are not going to house you. This means that you are not going to be offered a tenancy of that house from the Housing Association.

    You have got two weeks of working days to find somewhere to live. If you do not find something by the time the bailiffs come you will be homeless. The fact that you haven't got anywhere to go will not stop the eviction. You cannot stop the eviction because possession has already been granted to the Housing Association by the court.

    It is totally urgent that you now put all your energy into finding somewhere else to live. There is no time left for the "right house in the right area" to come up. You have got to get something as soon as possible.
    • iammumtoone
    • By iammumtoone 3rd Oct 17, 10:30 PM
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    iammumtoone
    And I am afraid emergency accommodation provided by the council is normally VERY expensive (God knows why). You will usually find about the same price as a cheap house in the same area - for a room.
    Originally posted by deannatrois
    That makes sense councils don't want people hanging on in emergency accommodation waiting for a HA home, they want them to move on into private rents, making the emergency accommodation more expensive than private rent would encourage that to happen. Plus people have storage cost to add onto the cost.

    As it should be, its a very last resort.
    Sealed pot challenge ~ 11 #017 - Open 1st Nov


    • TimMadden
    • By TimMadden 3rd Oct 17, 10:44 PM
    • 7 Posts
    • 4 Thanks
    TimMadden
    @deannatrois I have no interest in suing anybody. I just wanted to exhaust options to ensure I couldn't buy anymore time thats all. I have looked at houses in other areas further out that are more affordable and I'm of course willing- I now know I have no choice! But as mentioned, I just wanted some quick info. I have temporary emergency accommodation with family that should do whilst checks and the application process goes through for renting another property. Thanks for all the help everyone.
    • deannatrois
    • By deannatrois 4th Oct 17, 12:22 AM
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    deannatrois
    I wish you luck. Its an awful thing to happen.
    • FBaby
    • By FBaby 4th Oct 17, 9:05 AM
    • 16,130 Posts
    • 40,036 Thanks
    FBaby
    No advice to give, but I am totally shocked by what happened to you. Absolutely utterly disgusting behaviour and like others, I really hope this leads to serious repercussion. You went through an agency, of course you wouldn't investigate whether the whole ast was legitimate, no-one except that absolute experts would do so. Maybe the good value for such property could have rung a bell, but how could you have found out the truth at the stage of signing the ast?

    It really doesn't help that you received poor advice delaying you from looking for another property. What horrible stress that has fallen on you and your family.

    I hope that you manage to find somewhere, either of your own accord or with help of the council.
    • theartfullodger
    • By theartfullodger 4th Oct 17, 12:35 PM
    • 9,117 Posts
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    theartfullodger
    Apologies if I failed to fully read earlier posts.

    Tim: STRONGLY suggest you 'phone Shelter & discuss the case. Whilst it sounds like bailiffs are due 23rd October there may grounds (without seeing paperwork hard to know what) for chucking case out/suspending it & I have personally known of a case where possession was suspended by 'phone calls as the bailiffs were walking up the front path: Not easy, not common, but possible.

    Hope it works out, best wishes.
    • HampshireH
    • By HampshireH 5th Oct 17, 10:13 PM
    • 269 Posts
    • 274 Thanks
    HampshireH
    How did you get on when you presented at the council?
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