can anyone help????????

amani_2

Thanks for updating ella05

Jowo_2

alwaysonthego wrote: »

If you have a section 21 notice and do not move out and the landlord has to get a possession order from court. You can fill out a defence form N something which you can try and get extra time in the property. The CAB and Shelter can help you with this but you need to act now. You will be excempt from paying court fees but you need to fill out another form.

OP - was the notice addressed to your ex as you said the tenancy agreement was in his sole name? Usually, a landlord will send it in the tenants name and it applies to all occupiers. You mentioned he was in employment but did he receive any local housing allowance (housing benefit) at all? Is the landlady merely ending his tenancy agreement in order to give one to you (as he's absconded so there is a legal process required to terminate it).

EDIT - around 2 weeks ago, Ella mentioned she'd had a chat with the landlady who didn't mention there were any arrears and was happy to consider granting a tenancy in her name - why all of a sudden is there 8 weeks rent arrears?! Or is this part of the landlady's strategy to get legal possession of the property back from her ex to give to the OP?

This advice is sound but I do worry how this is affected by the fact that Ella has mentioned that the tenancy agreement is in her ex's sole name - she needs to find out if she is able to get extra time in a property if the judgement is made in favour of the landlord as she's not actually the tenant. Occupiers who aren't on the tenancy agreement may have a lesser standing in law - she needs to find out if she has any influence in the eviction process.

It's possible that Ella has received a section 8 notice which is typically issued when tenants owe substantial arrears (8 weeks if paid 4 weekly, or 2 months if rent is paid monthly, for example).

The Shelter website will provide good information on the eviction process and its steps. Essentially, Ella may be able to request extra time in the property (if an occupier who is not the tenant is permitted to make this request) but if the S21 or S8 is served and completed correctly, the judge is obliged to give possession of the property back to the landlord.

It is essential Ella seeks advice on her rights. There is no obligation for a local council to house someone who they regard has made themselves homeless through their own behaviour (intentional homelessness) but there is a statutory obligation to provide accommodation to those with children, I think. Also, while the local council will generally not assist those with rent arrears, this only applies to those who could have paid their rent but did not or were not aware that the rent was not being paid. Again, Shelter can advise on what to do and Ella's rights and whether she can be held directly responsible for the arrears, as she wasn't the named tenant.

I believe that someone who applies for housing benefit (local housing allowance) can ask for an interim payment to be made after 2 weeks if they've submitted all the correct info and the council have not yet processed their claim. However, Ella's not on the tenancy agreement so I don't understand if she can apply for LHA. Again, Shelter can advise.

Fran

ella05 wrote: »

hi, just a very quick update my internet and phoneline have both been cut off, ive had to pay to use it for half an hour at the local libarey,

ella05 wrote: »

i tryed to sell this laptop

I'm confused. Firstly, with your laptop you can get free Internet at places like MacDonalds, Wetherspoons pubs etc.

ella05 wrote: »

i'm in uppermill oldham

You said at 7:26 PM that you had to pay to use the Internet in the local library. This would be Uppermill, Oldham library which closes at 5pm on Friday and on their website they state Internet access is free.

So it looks like you are using a friend's Internet or one of the free services, but you have chosen to say you have paid for it.

If you are potentially homeless then Shelter will advise if you haven't already contacted them.

shellsuit

Fran wrote: »

I'm confused. Firstly, with your laptop you can get free Internet at places like MacDonalds, Wetherspoons pubs etc.



You said at 7:26 PM that you had to pay to use the Internet in the local library. This would be Uppermill, Oldham library which closes at 5pm on Friday and on their website they state Internet access is free.

So it looks like you are using a friend's Internet or one of the free services, but you have chosen to say you have paid for it.

If you are potentially homeless then Shelter will advise if you haven't already contacted them.

She didn't say where her location was, just that she was at the library, so she could be in any library in the country!

And maybe she hasn't got extra cash to go to Maccys or Wetherspoons ~ I wouldn't use their free Wifi without paying for something from them first.

Indie_Kid

Fran wrote: »

I'm confused. Firstly, with your laptop you can get free Internet at places like MacDonalds, Wetherspoons pubs etc.

I'm slightly confused - libraries give free internet access too.

Lotus-eater

sh1305 wrote: »

I'm slightly confused - libraries give free internet access too.

I thought that, I think all libraries give free internet access. So what's going on there then?

xoxo_2

Lotus-eater wrote: »

I thought that, I think all libraries give free internet access. So what's going on there then?

They don't. My local library charges to use the internet.

Aesop

xoxo wrote: »

They don't. My local library charges to use the internet.

Yes, I don't think internet access if free in all libraries yet.

http://news.bbc.co.uk/1/hi/uk/8580214.stm

bestpud

shellsuit wrote: »

She didn't say where her location was, just that she was at the library, so she could be in any library in the country!

And maybe she hasn't got extra cash to go to Maccys or Wetherspoons ~ I wouldn't use their free Wifi without paying for something from them first.

Less than £2 for a coffee in maccy d's, crayons and paper for the children, no pressure for them to be quiet and take as long as you like...

OR

Pay I don't know how much for half an hour in a library, no drink and having to keep the children quiet for other users...

I know which I'd pick!

pinkflop

I'm sure she said she couldn't sell her laptop as it had to be plugged in to work (battery wouldnt hold charge). Therefore she wouldnt be able to use it in Maccy D's or weathespoons.

To Ella - hope you get this sorted soon. My ex left me with lots of debt and a 1 year old. I am thinking of you and pray things get sorted soon.

The advice you have got on here is fantastic, and I think it is wonderful such a forum exists.

Stay strong xxxx