Forced to move!!!

ginag123

Hi all,

Complete novice here so plaese bear with me. I have found my self in a little dilema.......
I am currently in rented acccomodation and was told 2 months ago by the private landlord that i have until 31st Oct and have to move out. The problem i have is that i am currently out of work having been made redundant 2 months ago (landlord is my old boss he was made redundant b4 me, hence y he selling up), i have been to the council and they have given me a bidding number to bid but have told me to sit tight and not move on the date or they cant help me. I dont have any savings so cannot afford to move out straight away to another rented place. If i sit tight and dont move what can the landlord do to me legally? and what is my best option? help and advice needed please

PasturesNew

Best option is to explain it to him, so he knows what to expect (good relations bit there).
And keep paying the rent.

He'll have to take you to court etc to get you out, so that gets you some extra time.

However, you say "I", I doubt the council will do anything to help you really, they don't generally help single people except to give them a list of landlords. So, you could ask them for that list now.

Also enquire about the Rent Bond - where they lend you the deposit.

Jowo_2

The Shelter website explains the process for eviction. Essentially, the council is forcing the landlord to take you to court to get possession of the property. This policy is known as gate-keeping where the council tries to lessen demand on its services due to lack of resources. Both Shelter and the local council ombudsman who provide advice to local councils say this is an unacceptable practice when the landlord has a reasonable chance of securing a court order.

A local council can't accommodate every tenant that is served notice but should not tell you to stay put but its a fairly common practice as they threaten not to help tenants if they do (because they regard themselves as having made themselves intentionally homeless).

do communicate the advice to the landlord (who may well be very unhappy at the time, effort and expense of the court case).

best thing to do is speak with Shelter and stay put in the property which is your right until the landlord gets possession through the courts.

ginag123

thank you for the replies. My son also lives with me. I think that it is my best option to stay where i am and wait till the LL get possesion. Having spoken with the council he has done alot of things to do wit the property illegally, i dont think through malice but naievity (spelling is terrible sorry). They also apparently have a cash buyer which is why they want me out so quick. I dont want this to end on bad terms as have had a very good relationship with the LL but i know this will make things turn sour but i gotta keep a roof over my head......

Jowo_2

If the landlord doesn't understand your rights, because he's a novice or accidental or generally ignorant landlord, then there's always the possibility that you will experience some kind of harassment to try and persuade you to leave.

Read the Shelter website section on harassment so you can understand what your options are and how to record and deal with it, should this happen. It also means you can demonstrate back to the landlord that you know your rights and will take action against any breaches. Hopefully though, despite his disappointment that you won't leave at the end of your notice period, he will be aware of the penalties for harassment and leave you in peace.

Does your council offer a deposit guarantee scheme to help those on low incomes pay for rental accommodation? Do you think there's any likelihood that you and your landlord could reach an agreement where he pays you compensation for moving out which means he gets his sale and you get help with your moving costs/next deposit? Do you think he could be amenable to paying a sweetener? Remember to get this in writing if you reach an agreement this way.

freyanneke_2

I have been in the same position. Shelter helped us to move. They handled all communication with Housing and the landlord and took away most of the stress. Good luck!

Pepzofio

If you present as homeless (i.e. at risk of losing your home within 28 days) the council have a duty towards you. A S21 notice is on mandatory grounds, therefore as long as it has been correctly served the LL is guaranteed possession if he goes to court for it. It is therefore unreasonable for councils to insist on you staying put until a possession order has been granted, as this will normally mean that you incur court costs.

Typically, it would be reasonable to expect them to (a) confirm that the notice has been served correctly (b) confirm that the LL does actually intend to regain possession (as opposed to just serving S21 earlyon in the tenancy as a precaution, as some LLs do) (c) inform you of your rights and the correct eviction process (i.e. that you do not *have* to leave the property at the expiry of the notice) and possibly (d) try to negotiate with LL to withdraw the S21 & allow the tenancy to continue.

If the above does not result in you keeping possession of the property, the council have a duty towards you. If you have a dependent child (i.e. still in full time education, but not uni level) then you will be in priority need, but it is likely that you would go into temp accomodation rather than straight into a council house. If you were working then they probably would just tell you to rent privately, but as you are oow obviously this is going to be a lot harder for you. They *should* therefore provide more assistance, although this could just mean putting you in touch with a LL that is happy to accept LHA claimants.

There was some guidance issued about how LAs should treat S21 homeless applications, but I'm not sure where it is - a recent thread quoted it though. Shelter should be well aware of what to quote to the LA, anyway, so do speak to them.

Jowo_2

Pepzefio - good point. It is the case that the local council ombudsman (forget the actual name of the body) has issued advice to local councils to process homelessness applications where it is clear that the landlord has a reasonable chance of gaining possession, rather than insist they drag it out until a court order is gained. Some landlords have sued their local councils and won back their legal costs.

Also, the Shelter website says that a council may tell the tenant to stay put until the landlord has a court order but they shouldn't.

So find out a bit more info than this and appeal their advice. I know its unrealistic for a local council to house every tenant that is ever served notice but this gatekeeping practice is one reason that actually deters landlords from accepting benefit claimants as tenants, knowing that they may be told to ignore the notice they've been served.

mynameisdave

Delicate situation this

The trouble with following the usual route of sit tight to be rehoused is that LL is also former boss.

Kiss goodbye to an employment reference for future if you do it. It could be worth stressing this point tothe council so you dont have to sour therelationship with the LL. There might not be a reference possibility for all they know, or it might come from HR not the bossdepending on the size of the firm, but presumably they are paying HB so the prospect of getting you working again is better for them as its less to pay out. Finding work without a reference from a former employer might be more challenging than if you had a reference.