Advice gratefully appreciated. Potential homelessness

Thumper7

What ages and sex are your children. If it is feasible, even for 6 months, would a 3 bed property not suffice. I would also ask your husband to speak to his employer and ask if they would consider paying a deposit on your behalf.

Kaleidoscope1972

Thumper7 wrote: »

What ages and sex are your children. If it is feasible, even for 6 months, would a 3 bed property not suffice. I would also ask your husband to speak to his employer and ask if they would consider paying a deposit on your behalf.

the children we have living at home are 16 boy
9 boy
6 girl and 18 weeks girl

unfortunately we have looked at 3 beds but are yet to see any that are 3 double bedrooms so it would be a struggle to squeeze them in as in most 3 beds the third bedroom is usually dinky (at least the ones we have looked at)

I have today spoken to the letting agent and said that we feel it only fair if the LL would consider releasing the deposit early so that we can arrange another tenancy.they have told us that cannot be arranged.getting somewhere in this area will be a problem also as rental properties are few and far between..the whole reason we took on this property is because the LL was my husbands employer and we were assured a long term let...we live in arural area so if we have to move some distance away..my husband wont be able to get to work either..its a nightmare..

I will phone shelter tomorrow and see what they say and work from there

tbs624

Check with your local Council - most Councils offer a bond guarantee for Ts in the private sector.Start looking around for a new private let now - contact the local LL association and ask for contact info for LLs who self-manage their properties.

There are other Boards on this website where they can help you go through your budget, and offer you suggestions on where you can potentially make savings/increase your income/check any benefit entitlement.

Obviously you are in a difficult situation when there is a link between employment and your home, but

1. they may not necessarily manage to get the covenant lifted

2. they may not get a buyer within the time frame they envisage

3.you don't have to agree to potential buyers tramping though your home at times which are inconvenient to you

Cannon_Fodder

Make them go through every possible hurdle, issue every piece of paper 100% correctly.

Take your kids into any court hearing to get the judge on your side, delay, delay, delay, while you save, save, save.

Stop permitting viewings.

Exercise your right to "peaceful enjoyment".

As this it tied to a employer, perhaps union involvement could help negotiate some compensation for inconvenience.

Kaleidoscope1972

The covenent has already been lifted this was applied for shortly after we moved in..much to our annoyance

Weve been told that regardless of whether they find a buyer..they will not be renewing our tenancy..they obviously dont want viewings carried out whilst we are living there in case we leave the house a mess or something!

We have been told that we will be expected to vacate the house whilst viewings are carried out which we are furious about as having a young baby I cant just go out somewhere

when we moved in the garden was a mess completely neglected and overgrown and my husband spent weeks tidying it up etc and now of course its in a lovely condition to sell..where as if they had put it on the market after the last tenants left they would have had to pay to have the garden done.

what I would like to know is.whilst we are living here..can we refuse viewings? obviously when we renewed our tenancy we were not aware of the LL's plans to sell so understandably we are very angry about this and certainly it does not allow us quiet enjoyment..

CloudCuckooLand

You do not have to allow viewings, or get out during them.

http://www.propertyinvestmentproject.co.uk/blog/tenants-right-to-live-in-quiet-enjoyment/

julie03

you have signed an agreement which means you are entitled by law to quiet enjoyment, do not allow viewings if you dont want them and certainly do not go out while they conduct them.

if you have to change the barrels on the locks then put them back when you leave.

theartfullodger

jmorris, you are a disgrace: Whatever happened to those British principles of tolerance, decency & fair-play??

Apologies kaleidoscope, what I want to say is unprintable in a family forum...

Sigh!

Artful

Kaleidoscope1972

theartfullodger wrote: »

jmorris, you are a disgrace: Whatever happened to those British principles of tolerance, decency & fair-play??

Apologies kaleidoscope, what I want to say is unprintable in a family forum...

Sigh!

Artful

I guess the poster skim read my post and assumed that we were churning out children with no home and no facility to support them..that couldnt be further from the truth..we have both worked hard and found ourselves in this situation thanks to the appalling care I received after having a stroke which meant we had to pursue a private diagnosis..money was borrowed, put on cards etc and of course at the time I was on maternity leave..thats all by the by now..what counts is our future...I personally cant beleive we have been unlucky enough to move into yet another rental property that has turned out to be only a short term let:(

clutton_2

Kaleidoscope - as a LL of 11 years, i am so sorry you seem to be having such bad luck.. let me give you some facts ....

The law is quite clear when a LL wants their house back - The tenant does NOT have to move out until a court order has been issued... this is what happens

LL has to give you 2 months notice a Section 21 Notice.. this has to expire at the end of the rental period, and cannot expire before the end of the fixed term (ie December 2010). Please look in all your rental documents to see if you have a page headed Section 21 Notice.

If you have not had one already, then the LL cannot issue one until October

Come December, you do not have to move out..

The LL then makes application to the Court for a Possession hearing.. the court may take a couple of weeks to process the paperwork, and give you a hearing date which may not take place for a couple of months (courts are busy places)

You are entitled to attend and i advise you to go with a friend or a housing adviser....

The LL will apply for possession in 28 days... you can challenge that and ask for an extension up to 42 days. Judges do not like throwing families out onto the streeet.. I:F at this point you were to have a property in mind and had a tenancy agreement signed for a few weeks time, the judge would probably extend the time for you..

Even if you are told to leave in 28 days, come 28 days, you still dont have to leave, the LL then has to go to the court, pay a fee, and ask the Bailiff to attend to repossess the property.. Bailifss are also busy people so that may take 2-3- weeks,,,

So.. you will have Christmas at home, and you will have several months in which to save up for a new deposit ... I suspect you will be there until February or March - but if you can save and leave earlier .. so much the better, as you will experience less stress..

I know this is stressful, but, knowledge of the system will help you get through.

Finally, i rarely agree this, but, i would say change the locks (change them back when you leave) and refuse all viewings by the landlord and agents and prospective purchasers... But dont refuse maintainance visits by the LL..

DONT stop paying your rent.

is your tenancy agreement headed Assured Shorthold Tenancy ?

bw



If your deposit is in a deposit protection scheme, then neither you nor the LL can get it released early, so, you must save for a new one..