Facing eviction need help

geoffky

You are not on your own...Homelessness is going to be a major problem shortly..Good luck..

lighting_up_the_chalice

For a bit of a heads-up, it might be a good idea to have a read through some of the very useful information on the Shelter website.

http://england.shelter.org.uk/get_advice/homelessness

Werdnal

I know this may not help your situation now, but how did the landlord implement the rent increase? They cannot just turn up and tell you to pay a higher rent. There is a specific procedure to follow. When he bought the property, your existing tenancy agreement would still stand, with all the clauses including the amount of rent intact.

However, as you have started to pay the higher amount, by default you have accpeted the increase, and cannot challenge it now.

Go to the council and demand to see someone. Get their advice on whether the notice issued is correct. When you moved in, did you pay the previous LL a deposit? Has the new LL protected this in a scheme and given you the prescribed information from the scheme within 30 days of the transfer of ownership? If he hasn't done so at the time the S21 notice was issued, there is a very good chance that notice is invalid, and you can ignore it for now to buy you a little more time before you have to leave. In order to formally evict you, the LL will have to serve a valid S21 and if the original is wrong, then you have another 2 months from the time he gets it right!

Unfortunately, the council do not have an obligation to house you unless you are evicted, and will likely tell you to sit tight and await the LL's court action before they will find you a property. You may also not have any choice where this is or the type of property you are offered, so keep up your search for private rental opportunities too. Have you searched in the local papers for private LLs advertising without agents?


Also, please do not take your husband's mood over the situation too personally. Men seem to have a different way of dealing with stress and tend to take it out on the wrong people. He is probably just as worried as you over the situation, and most likely feeling that he is to blame for not earning enough to provide a secure home for his family. Try not to fall out, it doesn't help either of you, and even though he may come across as hurtful towards you, my bet is he is struggling to cope with this just as much as you are. Good luck!

pmlindyloo

hollyrosej wrote: »

Sorry, it's my fault too! I am just not myself lately feeling very very low like I've never felt before.

We are on a lowish income, we were ok before the rent increase, now it's like we have to budget on top of budgeting and everything is hard.

Its such a random situation I never thought this would ever happen to me, I feel bad for spending early on in the year, I feel worried for my son, I just not good at coping with these things.

Sorry!

I can understand how stressed you are feeling and having an unsympathetic OH can't help.


Tomorrow is another day and I am sure you will feel better after a good night's sleep.


Stop thinking 'If only ......' The situation is what it is. You will get through this.


I wish you all the very best.

V_Chic_Chick

As you think you probably aren't claiming all the benefits that you're entitled to, I'd suggest taking a look at this benefits checker. Benefits are there to help people in times of need, like this, and both you and your husband have paid into the National Insurance scheme that funds benefits http://www.turn2us.org.uk/benefits_search.aspx

As you are at uni, you may also be eligible for the Access to Learning Fund - talk to your university about this https://www.gov.uk/access-to-learning-fund/overview

Your husband's attitude really isn't on - he needs to pull his finger out and start looking for flats, because no doubt you will have exams in January, and possibly coursework deadlines now, that you need to focus on. But do try not take it personally - it's a stressful time for you both, and it sounds like he's just someone who doesn't deal with stress quite as well as you do.

And as others have said - there's a fair likelihood that you've got longer to look for an alternative property than you think you have, and your child certainly isn't going to be taken away from you simply because you are homeless. Social Services are loathe to take children away from their parents - cases like Baby P and Victoria Climbe show that there has to be some really serious abuse or neglect for them to be taken into care, and there's no way that homelessness reaches that threshold.

Road_Hog

hollyrosej wrote: »

I try to talk to him about the situation he starts yelling, I try not to argue, but I wish he would listen, I'd just like him to tell me it will be alright, we are so worried about becoming homeless.

I imagine it is because he has a feeling of helplessness. Men usually want to be able to sort things out or to offer logical advice.

When they can do neither, silence or arguing is the usual outcome.

Yes, I'm a bloke.

ruggedtoast

You dont have to agree to a rent increase. If the landlord wants to increase the rent they have to issue a new tenancy, if you decline to sign if they have to go through the process of evicting you.

As he is evicting you I suspect this hasn't happened so I would save your money. Better keep it yourselves than some scheister looking for a quick buck out of tenants misery.

One day the law might be changed and outlaw these parasites, but for now you are stuck with the council. I am pretty sure after Cathy Come Home they aren't going to take your kid away! They do have to house you though, temp accommodation wouldnt be great but it would probably be free if you want a silver lining.

I wouldnt feel bad, you are working and studying to improve your life so you are doing the right things. It is the housing situation in the UK that puts families homes into the hands of clueless creeps and their private rentals that is wrong. Benefits exist to help people like you.

This calculator will tell you what benefits you can get:

http://www.turn2us.org.uk/benefits_search.aspx

Werdnal

ruggedtoast wrote: »

You dont have to agree to a rent increase. If the landlord wants to increase the rent they have to issue a new tenancy, if you decline to sign if they have to go through the process of evicting you.

True, but see my post above - If OP has started paying the higher rent, I am sure in law they have accepted it by default, and it is too late to challenge it.

G_M

Werdnal wrote: »

True, but see my post above - If OP has started paying the higher rent, I am sure in law they have accepted it by default, and it is too late to challenge it.

Correct.

If the landlord wants to increase the rent they have to issue a new tenancy, if you decline to sign if they have to go through the process of evicting you.

NOT correct. We do not know enough about the OP's tenancy to be able to advise whether, or how, the landlord can increase the rent.

Full details here on rent increases. However, as said, if OP has 'accepted' the new rent (ie by paying it) then it is an agreed new rent.

As for the eviction, fuller details here. Again, we know nothing about the OP's tenancy, so cannot advise on whether/how/when the LL can seek eviction.

OP - what tenancy agreement do you have?
* Fixed Term? Start/end dates?
* Or Periodic (monthly/rolling)? Again, what was the exact start date of the original tenancy?
* are you in Eng? Wales? Scotland?
* What 'eviction' notice have you received? What date did you receive it? What dates were mentioned on it?

hollyrosej

Hi everyone, thank you for all your replies, I've felt so much more calmer today. I havnt got an eviction notice just a section 21 a notice. The tendency was periodic then changed to short term ( I think that's right)

As for the rent increase we had a letter with the details, he visited the week later with our notice and info about the rent increase, saying our area is in popular demand etc.

My husband wants to take the documents down the council with our earning figures which I have worked out today.

Thanks again everybody x