Section 21, advice and support needed please

cheekycat

Hello I am new to this site,

I was recommended to post on this forum, so I hope my post is in the relevant section!

I am really shocked to say my landlady's agents have sent me a section 21 notice, I received it on Saturday and I have 2 months to leave the property.

I rang the agents today to ask if there was a way I could renew my contract, they said no as I have recurring rent arrears and landlady is not pleased.

I had a problem with my LHA in november, but with help from the council-housing options section, they helped me to sort a loan out and were able to negotiate with the agents and all was sorted, I think I must have had 5-6 weeks arrears at that time.

Recently through and admin error at the LHA office I have got in arrears again, unfortunately this happened on the date my rent was due, it was sorted within a week and now the landlady has her rent money. I just think they are fed up of me.

They also do not like the fact that LHA is not all paid at once and paid twice per month, They have told me to change the dates but the LHA office have told me everyone receives there money on the same dates, they even rang the agents up to tell them this as they keep marking it down as rent arrears, when it is not.

I now have this section 21, they have told me it is final and I must leave by 30th sept, I am so worried, I have not been able to sleep over this.

I have seen a housing officer today who has given me some forms to fill and will make an appointment in the week to see me, I have so many questions to ask her but have done my own research on the net.

I explained to the housing officer I have no money for deposits or rent in advance (I am a student studying) I already have a debt with the council for my previous rent arrears.

I have a son who is five and I'm so worried about unsettling him as I cant really explain to him the situation, I dont know what is going to happen and I feel very unsettled myself.

Sorry this is so long, I have really tried to cover everything

Thanks for reading:)

ukjs1976

Hi Cheekycat - my advice is to try not to panic (easier said than done I know) and to contact your local CAB tomorrow (i.e. Tuesday 3rd August)... tell the CAB everything. They will help you and know the rules.

Hannah_10

Ok in very short language, that notice your landlord has sent you is a formal bit of paper.

He/She has no right to manually throw you or your belongings out until it's been through a court and that could take a year yet quite easily. I've been to court for this reason and I won it, other people I know have also won so it's far from a done deal! In the mean time sit tight. Speak to Shelterline on 0808 800 4444 or see www.shelter.org.uk for the detailled facts on where you really stand and what it all means.

Whatever you do though, don't move out unless it's a step up for you and your lad. A lot of people take fright at the paperwork and think it means they really have to leave, only to move out with all thier worldly good and then be refused emergency accomodation because they are deemed volontarily homeless. At that point thier only option can be as serious as thier kids going into care and them going into a hostel- the sofa and the cat are lost forever. Obviously that's ridiculous, but it happens often, so don't fall into that trap. Shelterline will help you, you'll be on hold ages but get the paperwork together and hang in there, you'll get through in the end.

Fribourg

Do not know how much time you can buy, but at the end of the two months of section 21, then

If the tenant does not leave by the expiry date on the notice the landlord will need to apply to the court for a possession order. Provided the correct procedure has been followed by the landlord issuing the Section 21 notice, the court will have no choice but to grant the possession order.
After the court has issued the tenant with the notice to leave, if they have still not left within the required period, then a landlord can ask county court bailiffs to evict the tenant.



By the way, section 21 is used by lanlords during the tenancy to bringing it to a term, but have to give you 2 months notice, as they did, on the other hand, did they send you a section 8 Notice To Leave before section 21?? I believe they should send that when the tenant is on arrears, before aplying for section 21, but not sure about that one myself.

cheekycat

OHHHHHH:mad: I'm not getting anywhere with this problem,

My housing options officer rang me today, after I have left numerous voice mails all week and last.

She was no help:(she made me explain the situation over and over she said I should have paid my arrears off with my tax credits! (only they'd have to increase it to £300 a week) I explained that was not possible in my current circumstances, she explained I still could have done it:undecided she went on to say I am not in an emergency I will get an appointment in 2 weeks!! by that time I'll have 4 weeks left!

I told her we really need to go over my options in regard to help with deposits and the very important negotiating with the landlady's agents, as I cannot really do anything until then, she explained I would be fine-but really I am a mum with a young son, she isnt helping me, I spoke to shelter in tears and they made me feel worse, they said I could be made 'intentionally' homeless and I must find this out, but to do this I need to speak to my housing options officer! who is not bothered, so I rang up housing options and asked if I could have a different officer, only to be told nobody has been allocated to help with my case. HELP!

Does anyone know the best way to go from here? (apart from jump of beachy head) I just don't know what to do, I'm feeling so desperately anxious all the time, as well as trying to put on a happy fun brave face for my son and make his holiday as fun as possible(if you can count sitting for ages in the council offices fun)

HELP and thanks for replies.

fatbelly

Hi

Section 21 is the Accelerated Possesion Procedure for Assured Shorthold Tenants - it has nothing to do with rent arrears, so the business with tax credits is nonsense.

Shelter are the experts in this area but I cannot see why you should be regarded as intentionally homeless if you do not leave until the eviction notice

When you get to within 28 days of losing your security, the Council should consider you legally homeless and (with a 5 y-o child) in priority need. Hopefully help will kick in at that point.

The housing board may be a better place than the dfw board for informed advice.

determined_new_ms

fatbelly wrote: »

Hi

Section 21 is the Accelerated Possesion Procedure for Assured Shorthold Tenants - it has nothing to do with rent arrears, so the business with tax credits is nonsense.

Shelter are the experts in this area but I cannot see why you should be regarded as intentionally homeless if you do not leave until the eviction notice

When you get to within 28 days of losing your security, the Council should consider you legally homeless and (with a 5 y-o child) in priority need. Hopefully help will kick in at that point.

The housing board may be a better place than the dfw board for informed advice.

Hi op, this is excellent advice, bang on the money. (I work in housing), your options really are look for alternative private accommodation - the housing options team will have a list of landlords/agents in the area who are sympathetic to ppl on benefits & accept HB. Or to wait out the eviction. As fatbelly says once the sec 21 expires the landlord will have to return to court to an order (sorry I can't remember what its called) and baliffs will come and evict you at this point.when you reach 28 days before the eviction date you present as homeless to the council & you will be housed. Look into what the emergency accom is in your area, some LA use a hostel or b&b.

If you look for private accom, you can apply for a crisis loan for the month in advance and the council should run a rent deposit scheme for the deposit. These are loans that you will need to pay back at about £5pw each.

A sec 21 is ambiguous as there are no grounds stated, the landlord is just sdaying they want the property back., Therefore when they return to court the possession will be granted - as long as the original paperwork was completed correctly.

Incidentally HB causes problems as they pay in arrears but a lot of landlords want their rent in advance, and are quite within their rights in asking. I've worked with ppl who have had to pay an extra £5pw or so until they have built up the month's money in advance - its anything from ideal for ppl on a low income...

You may benefit from asking for some "Floating Support" from the county council. Do a search on Supporting People in your area (Its a gov. run scheme) to help ppl avoid homelessness, because you're facing eviction you will be a priority.

Good luck x

cheekycat

Thanks for all your advice it really means alot to me :grouphug:<<thats meant to be a hug BTW but looks a bit like a.....!

Well I had my LHA office ring me today to tell me, when my claim was suppened (as a clerical error) I still got paid LHA so I am NOT in arrears what so ever, They explained that they think because LHA is paid fortnightly (in my council, brighton BTW) that once the first payment is made they mark the rest as arrears until they are paid a fortnight later.

Is this right? LHA explained EVERYONE gets paid on the same days/dates so it cannot be changed. But my landlady must know this? I have lived here 5 years and it's only a problem now? (well she did have a prob six months ago with it, but that got sorted)

How can she evict me because she isnt pleased with the dates LHA gets paid? is this possible? rang my housing opitons officer to tell her coudnt get through so left voice messages, still heard nothing:( I really need her to speak to them, surly this isnt right ? other than that I keep thinking something else must be going on ? EURGHHH...

Thanks again everyone.