Intentionally homeless, advice needed!! (might be long!)

lisa.m_3

Hello this is my first post on this site so please be gentle with me! I have done alot of reading though so I hope I have chosen the correct section to post.

I will try to keep this brief, so if it doesn't sound right or make sense just let me know.

Basically two years ago my husband lost his buissness, he spent alot of court fee's to get his buissness back which left us in debt.

We went to the job centre and they pointed us in the right direction of benefits, my husband was on income support with stress while I was looking after our son, who was then a baby.
We claimed LHA CTC and CB plus the income support.

We have got into debt again, my husband started a job so LHA was stopped, we got a percentage paid but it was not enough to survive, then we were overpaid CTC and WTC (long story trying to be brief) so we were more in poverty.

Although we shouldn't and I know this is the 'bad' part we began to spend our LHA, just to survive not like we went on a spree.
So we got in arrears with rent, we told our agents who told landlady, she has been so patient with us but soon got fed up, she moved us to a periodic tenancy and soon enough we got our 2 months notice, I took the letter to our local council who spoke to the landlady who agreed to help us out a bit longer by delaying and letting us stay.
Soon money troubles arose again and more problems with WTC and overpayment led my husband JSA to stop so our LHA claim was stopped (urgh) we were back where we began....again.

So again we got two months and have to leave by 7th December.
On the 7th she is going to get a court order for possession, I went down the council again and asked for help I was told to fill out an application form for homelessness, we got an appointment a few days later and were told we were intentionally homeless because we had spent our LHA money the women was sympathetic that what we did was out of financial hardship and has said once we have the court papers through we are able to appeal on this decision.

I'm so worried now my last resort being the council seems useless now, I know full well I have not made this situation good on myself or family but what we did was to survive...somehow I never thought it would get this bad.

I'm worried my decision will not go in my favor, what will happen then ? Will my son be taken from me ?
I have no other help my parents live 100's of miles away and we have no friends who are willing to put us up.

If anyone has experience with this or even better if you have had to go through this is there any advice you could offer ?

Thanks

Lisa

(sorry is not brief at all!!)

PasturesNew

They won't take your child from you just because you get kicked out.

What will happen is you'll go to the top of the list for priority and on the day you're kicked out (you have to wait to the bitter end), you'll most likely be placed in emergency housing - which might be a bit of a grim B&B, but you won't be split up or anything.

With a child, you'll get a roof over your head. Depending where you live it might not be a nice one, or one you'd chosen: however, in some areas it can be a regular (even posh) B&B. You won't have any say in where you're placed, because it's emergency housing.

Also, if she's going to court on 7 December, you won't get chucked out that day. Going to court, she'd just get a date for it to happen.

Jowo_2

You can appeal a decision made by the council.

You will find the Shelter website very informative about the application process, including the explanation why you were deemed to have made yourself intentionally homeless by spending the LHA on things other than your rent. Behaviour like this which leads to eviction can be classed as intentional homelessness.

You will also find their site very informative about the eviction process.

You may also find that CAB are informative, too.

Were you served with an S21 and/or S8 notice? What were the grounds for possession? Do you pay your rent monthly and if so, did you owe 2 months arrears at the time your notice was served and are you likely to owe 2 months rent then?

lisa.m_3

Jowo wrote: »

You can appeal a decision made by the council.

You will find the Shelter website very informative about the application process, including the explanation why you were deemed to have made yourself intentionally homeless by spending the LHA on things other than your rent. Behaviour like this which leads to eviction can be classed as intentional homelessness.

You will also find their site very informative about the eviction process.

You may also find that CAB are informative, too.

Were you served with an S21 and/or S8 notice? What were the grounds for possession? Do you pay your rent monthly and if so, did you owe 2 months arrears at the time your notice was served and are you likely to owe 2 months rent then?

Hello and thanks for the advice/reply

I think it was S21/22 on the grounds of if the tenants have not found suitable accommodation by the date they have to leave the landlady can apply for possession, from what I read on shelter (thanks for that) this is normally around 14 days, hopefully they will delay this until after xmas because 14 days after the 7th is the 21st.

I have heard I'm not the only one, this seems to have come common around the recession. so whether the courts will agree to the eviction or not at this time I don't know, I'd rather stay where I am.

I know full well my behaviour was wrong, everyone I have spoken to at the council has had a right go at me making me feel the lowest of the low, technically I think I may have committed benefit fraud so no wonder I should feel lucky I'm walking free right now.

Thanks for the advice to everyone, keep it coming !!

P.S do I have to go to the courts, do I have to say/do anything ? very scary I have never been in a court before,just unsure of what I must expect. thanks

Jowo_2

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/the_rules_by_tenancy_type/assured_shorthold_tenants


http://england.shelter.org.uk/get_advice/eviction/court_action_for_eviction

theartfullodger

Sorry to hear your story..

After the Section 21 expires then Landlord has to apply to court for a possession order. Many Landlords & agents get the notices & court papers wrong & court chucks them out because the paperwork is wrong.

After getting the court possession order (which will probably take 4-8 weeks.. depends on area & how good solicitors are..) the possession order is then for eviction by Bailiffs, usually after 14 days....

Talk to Shelter, 0808 800 4444 or try CaB (Citizens Advice)

- but be patient, they have too many demands on them & are only a charity...

Good luck!

Lodger (Landlord for my sins..)

lisa.m_3

Thankyou so much for these links!!

lisa.m_3

theartfullodger wrote: »

Sorry to hear your story..

After the Section 21 expires then Landlord has to apply to court for a possession order. Many Landlords & agents get the notices & court papers wrong & court chucks them out because the paperwork is wrong.

After getting the court possession order (which will probably take 4-8 weeks.. depends on area & how good solicitors are..) the possession order is then for eviction by Bailiffs, usually after 14 days....

Talk to Shelter, 0808 800 4444 or try CaB (Citizens Advice)

- but be patient, they have too many demands on them & are only a charity...

Good luck!

Lodger (Landlord for my sins..)

Thanks,

Ive already been told it's going to be quick, before or just after xmas according to the council,I'm talking about Brighton and Hove here.

Ive tried ringing shelter all day and not got through!! The website has priceless info on it.

Thanks again.

squinty

PasturesNew wrote: »

What will happen is you'll go to the top of the list for priority and on the day you're kicked out (you have to wait to the bitter end), you'll most likely be placed in emergency housing - which might be a bit of a grim B&B, but you won't be split up or anything.

.

I'm sorry but this is wrong. If the council have have considered the homlessness application, and has found the OP intentionally homeless the council do not have a duty to offer permenant accommodation - there duty is limited to ensuring that some accommodation is avialable for up to 28 days, and advice.

OP - are you sure you have made a formal application to the council as a homless person. If you have made this, and they have considered your application you will have a long and detailed letter from them - this should outline, amongst other things, how to make an appeal. This should be within 28 days. If you do have this letter it may be helpful if you could post the text about you being found to be intentionally homeless.

This may sound strange, but some councils are not that clear when differntiating between offering advice, and a formal homlessness decision.

SouthCoast

lisa.m wrote: »

Thanks,

Ive already been told it's going to be quick, before or just after xmas according to the council,I'm talking about Brighton and Hove here.

Ive tried ringing shelter all day and not got through!! The website has priceless info on it.

Thanks again.

On eviction days Brighton County Court has very long lists of people to be evicted.
You best bet is to actually attend the court to put your case.

Fire_Fox

You'd do best to repost this on the Debt-free Wannabe board as well.