Intentionally homeless - what are the options

viewings

My partners adult son was at university. He stopped attending in Jan 10 and despite all advice to be frugal with the student loan and get a job, the advice was not taken.

He was told around April time that he was getting into arrears with rent, so he knew eviction was a possibility, still no job obtained. My partner gave him the wrong advice to go to the benefits agency despite me saying that he was not entitled to benefits as full time student with no disabilities or dependents.

We got to near crisis several times, with the son saying that the landlord had asked him to leave but then agreed a few weeks ago to allow him to stay until he found a job.

He now has a letter from the landlord saing he must be out by sunday unless he clears his substantial rent arrears. He cant do this obviously.

Im not sure on the tenancy details, it seems to have been arranged via the university but is not halls of residence. the rent was paid on a term basis. He is now 1000s in arrears.

I refuse to have him stay here as I believe we will never get him out based on his previous behaviour of not doing anything about impending problems. My partner had told him countless times, get to the student union, see what advice they can give etc (prior to the letter), but the son refused to go. Therefore I feel that as this is all his own fault he is going to have to learn to take responsiblity for choices and inaction. I feel that if he stays here, this is just bailing him out.

So, seeing as how any council would call him intentionally homeless (as thats what he is), what would he do? Could he formally give up his course to enable him to be able to claim benefits? If so, how does he get the deposit for a rented room, would the council give a bonded deposit or is that only for geninely homeless people. He wont be housed by them, should he wait to be court evicted? Would this go on any credit references?

Gwhiz

I'd tell him to start collecting these:

viewings

Totally agree, however my partner keeps saying 'I cant just leave him, Ive got to help, I cant just see him on the streets'

My view is, yes you can, he has been babied too much, always getting bail outs. My partner paid him his first term of rent, the expectation was that it would be paid back, it has never been paid back and we will never see that again. I think that if he is forced to have it really rough for a while then he will have to learn to grow up and take responsib ility.

Its having an effect on me because my partner is all stressed about it and saying 'I need to sort it out for him'. I feel very angry that its inconveniencing those around him and he is just drifting along allowing this situation to occur.

Gwhiz

Some people will never learn unless confronted with the implications of their actions (or, as we have here, lack thereof).

I would agree with your view on this!

Sorry I have no other words of wisdom.

viewings

I suppose Im wondering what the options are in terms of whether the council are able to give a bonded deposit for new accommodation, it would have to mean that he gives up his course formally as students are not entitled to benefits. He would have to find somewhere to rent that takes HB, would the council help with this and should he wait until he is formally evicted or leave on the strength of the letter?

BLT_2

viewings wrote: »

I suppose Im wondering what the options are in terms of whether the council are able to give a bonded deposit for new accommodation, it would have to mean that he gives up his course formally as students are not entitled to benefits. He would have to find somewhere to rent that takes HB, would the council help with this and should he wait until he is formally evicted or leave on the strength of the letter?

Lets be honest here, he is a fully grown single male adult. He will not be on the council list as a critical case as he is neither female, pregnant disabled, elderly, neither does he hold an African passport (:D).

He will be left by the council to fend for himself, they have no funds to deal with this type of case, and even if they had it is doubtful your son could obtain the necessary references to obtain privately rented accommodation.

You state that he is required to leave his accommodation shortly, in order to obtain rental accommodation he would need a deposit, references and would have to undergo a credit check. All of this takes time.

Your options are simple. Take him in to your house or he goes onto the streets.

Jowo_2

Get him to contact Shelter or Crisis or Citizens Advice to find out his housing rights and his housing options. The Shelter website has good info on how a local council would deal with someone applying to them for assistance. Step back and stop feeling guilty. All of the questions you have asked, he should be asking those organisations that offer free expert advice to tenants.

For certain types of tenancies/contracts, it's not enough for a landlord to say 'leave on x date' as formal notice has to be served and the tenant can remain in the property by law until the landlord has got a court order. however, with other types, such as sharing accommodation with a live-in landlord, the lodger has very few rights and little protection from eviction.

viewings

He isnt my son, hence why I will not allow him to live here

No, I dont expect the council to house him, as I say this is all his own fault and I feel he needs to experience the consequences of that. It seems that others around him (me by doing this, my partner etc) are trying to find solutions but he is not and this makes me annoyed.

Yes, Im unclear about the type of tenancy he has, as I say, I dont know the details. Its not a live in landlord, its a sort of block of flats but they are rooms not flats, with shared kitchen, toilet etc. The rent is paid termly.

Jowo_2

But how does the mother feel about his exclusion from your joint home? Is the son counting on her hospitality, hoping to walk away from his self-inflicted problems?

Sounds like he may have an AST in which case he can stay in the property until the landlord gains a court order after proper notice has been served but really none of the forum members can advise you without knowing having further specific information.

As well as urging him to contact an organisation that can give him free expert advice, get him to look up the local council website to see if they offer a deposit guarantee scheme for tenants on low income/in housing need. His additional problems will include finding a landlord that will accept a tenant on benefits and/or one with a poor credit history and/or one with a bad previous landlord reference.

viewings

a - Probably annoyed, but I made my feelings clear months ago and if that was not communicated to him or he chose to ignore that then thats not my fault
b- I would imagine so

I have my own problems which means I would not find it easy to have him here. As I say, if this was a crisis like his accommodation caught fire and he was working, had shown he can plan and stand on his own feet, then I would feel confident that it would be temporary and he would sort himself out. But this is not the same thing, he has shown no effort whatsoever to find work, to manage his money, to take on the seriousness of the situation. He sounds bored whenever he is told what he needs to do, but he can find the money to go to New York (last year), buy this gadget, that gadget etc, so I have no confidence that if he was helped out, he would learn to take responsibility.

I have asked him to find out what friends can let him stay for the odd night, he says he doesnt want to do this

overandout_2

People as such will not learn to stand on their own feet until they are pushed into the deep end of the pool and forced to swim.

As a mother, I'll understand why she is hesitant for her son to end up on the streets and as her partner, you probably feel a bit awkward to decide how your partner should act with her son.

The only way is to encourage the mother to let her son go - that he has to grow up and learn. He is a grown man and responsible for his own actions (no matter what it is)