2 quick questions, one crises loan due to evicition due to repossescion, community cg

kandex

I have got two questions that I would really appricate if you could answer, one is for me (Situation A) and one is for a friend (Situation

Situation A. Two days ago, I heard my front door open, I live on my own with 2 students renting the other rooms, they are gone home for the summer but I thought it was one of them coming back as she was planing on heading out for a night out, I went down to the sitting room to find a man in a suit standing there, I was shocked to say the least however I learned that he was from the bank and that this house was now in possesion of the bank, after speaking to him for a while I found out my landlord lost the house a couple of month before and it was just vacent since then, I brought down my tennency aggreement, he made some phone calls and it was discovered that all I had was a piece of paper, it was not a legel document ever submitted anywhere and the information on it held no legal reason for me to be able to stay in the property.

After he spoke to someone higher up I was informed today that I had 7 days to vacate the property, what I am wondering is would this be grounds enough to be able to obtain a crises loan from the social fund to recive some emergancy rent in advance, I am currently unemployed, not claiming any housing benifit due to the landlord ignoring calls, emails and letter requesting him to fill in the form for me to be able to claim it (I should have seen that something was up when this was happening) And I am claiming job seekers also what amount should I apply for? the average price of a room is approx 220 but I need to apply asap for rent + deposit.

Situation 2. My friend recently moved into a new home and a large portion of his clothes along with curtains were ruined by a washing machine that was faulty, would he be able to claim a community care grant for clothing, a washing machine and bedding? and what would his chances be of being awarded it (he is 24, single, living in a bedsit)

Thanks in advance

BigAunty

The Shelter website will give you an idea of your housing rights, including the process when you are living in a property that has been repossessed.

There are two possession processes - one that applies when the landlord has permission from their lender to rent it out, and one where they do not have a buy to let mortgage. Sounds like yours is the latter, that the lender were not aware there were tenants.

A tenant without a formal AST (rental contract) has as much housing rights as a tenant with one - the absence of paperwork is irrelevant to your rights, it's probably more a case of having less security due to the fact the property was not authorised to be rented out. But Shelter will give you expert advice.

See also the Shelter advice about homelessness - what the local council can do to help. Suggest you apply to them now as homeless. It doesn't necessarily mean they will find you accommodation (they are only obliged to do this for priority groups like the disabled, with dependents, etc) but should at least give you good advice about your options.

Many councils operate rent deposit guarantee schemes - ask the council homeless support person about it.

Other members can tell you about the DWP loans you may be eligible for.

kandex

thanks aunty for that, unforgently I spoke to citazins advice and because it was techincally an illegal residency my rights of abode or next to none.

If anyone else has any ideas I would be very happy to hear them

allen35

I should imagine you have rights in your home, i would suggest you repost this on the House Buying, Renting & Selling board, there will probably be housing specialists who look at that board and do ring shelter or visit CAB or a housing solicitor on Monday to get this sorted.

With regards to your friend he can apply for a CCG but i would suggest his chances are slim despite the hardship, i would suggest applying for a CCG and a budgeting loan (if on income based JSA for 26 weeks).

CCG's have criteria of hardship, single parent, disability, returning to the community after being in care etc, family breakdown so if you think your friend fits these categories it's well worth a try.

Seek assistance from a CAB or other welfare agency when filling out the form.

Here is a link to info' and the claim form

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Caringforsomeone/DG_10018921

Notmyrealname

kandex wrote: »

thanks aunty for that, unforgently I spoke to citazins advice and because it was techincally an illegal residency my rights of abode or next to none.

Find someone else to give you advice. The person at CA is talking out of their backside.

Dognobs

first things first change all the locks and claim squatters rights http://www.urban75.com/Action/squat.html this will buy you some time. PAY NO MORE RENT! and let NO ONE IN apart from friends. If you have the bank details it may well be worth contacting them they may let you stay as it will keep the property safe.

BigAunty

Dognobs wrote: »

first things first change all the locks and claim squatters rights http://www.urban75.com/Action/squat.html this will buy you some time. PAY NO MORE RENT! and let NO ONE IN apart from friends. If you have the bank details it may well be worth contacting them they may let you stay as it will keep the property safe.

The OP is a tenant - payment of rent creates a tenancy even with the absence of a contract. I dispute the advice of CAB. I wonder whether they were trying to tell the OP that she had less rights because the landlord did not have a contract binding on the lender - words like illegal residency are just not helpful.

She cannot be a squatter if she has a legitimate right to live there (which she does as a tenant, albeit undermined because the property was transferred to the lender). The lender probably has a valid court order anyway for possession, by the sounds of it, and can probably easily enforce it. The court order will apply to all occupants. Squatters are easily evicted, more quickly than tenants. The OP cannot squat a place that she had an agreement to live in...

Here is the link from Shelter to tenants who reside in a property that has been possessed by the lender (advice applies to England but Shelter have sites for all parts of the UK). She can apply to have the possession postponed for 2 months but that depends what stage of the possession process it is at. It could be too late in the cycle - she needs to contact Shelter and the local council to find out her rights and if the council can help to house her.

http://england.shelter.org.uk/get_advice/repossession/repossession_by_a_landlords_lender

Telling her to change the locks and not let anyone in is potentially a waste of time and a very risky strategy for her. If the court order for possession already has been granted, then the lender will simply return back to court to request it is enforced by a bailiff who are in their rights to turn up with a locksmith and the police, turf out the occupants and change the locks.

Her best bet is to find out her rights, where the property is in the cycle of the possession/eviction process, if she can postpone the possession by a couple of months and if the council has any obligation to help her find new accommodation.