Really need some advice please?

PinkAngel99

I'll try and keep this as short as I can..

I have rented my house for 4 1/2 years, my landlord has decided to sell (think its to do with CSA and his own money situation as I've had his ex around hassling me about him not paying for his child).
I got into a little financial difficulty back in February which at the time he was understanding about, I missed a couple of months rent and told my landlord that I would catch up some way once I was sorted out, he was fine with this.
As he is selling the house I went to the local council with my ended tenancy for advice on housing, I was told that he had to by law give me 2 months official notice. I told him this and from this point he got arsey with me. He put on the notice that he is selling the house due to my rent arrears (not true as the house was going up for sale before this happened) so now the council wont help me because they are saying that I have made myself intentially homeless!
So now I feel stuck... I can go to the CAB and ask them to help me but have been told I will need to be housed in emergency accomodation? (I have 2 children and am 34 weeks pregnant so really dont want to go down the hostel route). I have been looking to private rent again, although I didnt want to do this again with rental prices etc.
I also have a fair bit of unpaid debt on my credit file, and as far as I know 1 CCJ from about 6/7 years ago so I'm worried that I wont pass the credit checks for private renting!
Any advice/information on where I turn next will be very much appreciated.

poppysarah

What paperwork has he given you?

(is he evicting you for rent arrears?)

You should probably get CAB advice about your finances and housing situation (probably sep appointments)

PinkAngel99

Hes given me the section 21 is it? which he has put the rent arrears as the reason on there

PinkAngel99

Anyone.....?

angelsmomma

I think you need to speak to shelter or cab as has already been said.

It is perfectly legal for the landlord to serve a section 21 for 2 months rent arrears. Him selling the house is neither here nor there really.

Were you expecting to get a council property?

silvercar

As you have children the council will initially offer you temporary accommodation. This could be a B&B or hostel, but may be a temporary house rental. During the first 28 days they will make an assessment, if they view the rent arrears as the reason for eviction they will classify you as "intentionally homeless" and have no obligation to house you. You could produce as evidence the sale listing if the landlord is selling the property.

silvercar

angelsmomma wrote: »

I think you need to speak to shelter or cab as has already been said.

It is perfectly legal for the landlord to serve a section 21 for 2 months rent arrears. Him selling the house is neither here nor there really.

Were you expecting to get a council property?

It is legal to serve a section 21 with no reason. If specifically using rent arrears then a section 8 would suffice, but that risks the tenant paying off the arrears before court.

angelsmomma

silvercar wrote: »

It is legal to serve a section 21 with no reason. If specifically using rent arrears then a section 8 would suffice, but that risks the tenant paying off the arrears before court.

sorry, yes I just meant it was legal whether he was selling or not.

Jeffrey_Shaw

angelsmomma wrote: »

sorry, yes I just meant it was legal whether he was selling or not.

Yes, L can sell a tenanted property (= with you as a 'passenger'). It's not essential to obtain vacant possession, unless that's what the Sale Contract stipulates.

PinkAngel99

Thanks for the replies, the rent arrears is really not my fault, I've lived here for 4 1/2 years and never once missed a payment until earlier this year.
I wasnt expecting a council house, I just didnt know where I stood because I've never been in this situation before so haven't a clue about my rights etc.
At the minute I can only see another private rented house as an option, I'm just worried about my credit checks failing :-(

Wee_Willy_Harris

As a general rule, anyone who lost their accommodation due to rent arrears would be assumed to have made themselves "intentionally homeless". As has been said already, this would mean that the Local Authority would have no duty to house you. However, if you acted in "good faith" at the time that your arrears accrued (ie the debt was unavoidable or the rent genuinely unaffordable at that time), then an intentional decision may be avoided.

However, it may be best to have a "chat" with your landlord, just to point out that delaying/limiting your re-housing options may not be the quickest way for him to regain possession of his property. If you really want to play the awkward card, you could still be living there at Christmas!