BIL - In trouble being evicted in 3 days!

will1974

Join Date: Feb 2007
Post Count: 38
Thanked 7 Times in 5 Posts Please Help BIL - Homeless in 3 days

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Not sure where to post, apologies if in wrong place.

Please can anyone offer any advice, the situation is as follows;

Brother In Law is in a fair bit of debt and has been suffering from depression for the past year, it turns out he is in £3,500 arrears with his rent, (he rents privately) he is on housing benefit and Incapacity benefit. The Estate that he rents from have now given him 3 days to get out and served him with an eviction notice for Tuesday. He really has nowhere to go, what can he do, will he be homeless, should we contact the housing assocation? What happens if they do not have anywhere to house him? He also has his son every weekend, will the housing association take this into account? Does he have any tenants rights? Or can they literally just chuck him out in 3 days? Sorry for all the questions, just so worried for him and dont know where to turn. Thanks

Little_Miss_Saver

What an awful situation. (((hugs)))

I would get in touch with the housing association ASAP to find out exactly what the situation is and if there is anything that can be done to stop the proceedings. I would also get in touch with your local CAB to get some advice about this and also the debt.

I got into lots of debt many years ago and I visited the CAB and they sorted everything out for me, from writing to creditors on my behalf to advice on budgeting etc etc. They were extremely helpful and sympathetic.

I'm sorry I can't be of any further help but I hope that you can get this sorted and that your BIL does not get evicted.

LMS xx

Lillibet_2

Is it a court issued eviction or a end of tenancy notice? If it is a court eviction then this usually comes with a order to pay the arreas as well, if he doesn't then this is likely to be folowed by a CCJ at a later date.

Assuming he is on an assured shorthold tenancy contract and is in arrears for one full months rent or more (that is to say that he has missed at least a whole payment in one go at some stage, if he has made a part payment every month then this is a different matter) and a court order has been issued then yes he can & will be evicted. When the eviction happens he needs to go straight to the local housing offices (usually at the local council building but best check location & opening times in advance) with his bags & they should help sort him out, although it will probably be temporary accomodation in a B & B or similar for quite a while.. If it is a court eviction with a bailiff in attendance then it is worth noting that legally the bailiff cannot touch him or forceably get him out so there is unlikey to be any "rough treatment", although once inside I have known bailiffs to pack tenants bags for them & put them outside so that the tenant has no choice but to go outside to collect their belongings. Unless a CCJ has been issued then the bailiff should be interested in calculating the cost of any of his stuff to pay off debts at this stage.

FWIW when I used to do this (I was a property manager) I always attended with a bailiff & a locksmith who would immeidately change all the locks. Unfortuantely your BiL will likey be hit with all the associated costs of eviction, including the bailffs charges & the cost of the lock change etc. Agents & bailiffs are usually a mine of information on what to do in these circumstances & re local services available so it is worth talking to them at the point of eviction.

If however, it is just the notice of the end of the tenancy then this is not actionable until legally enforced so if your BiL should leave on this as then he will be making himself voluntarily homeless & it is unlikey the HA will assist him. He needs to just refuse to leave wehn teh agent arrives & wait to be legally evicted, with will cost him more in the long run (Oh the irony of the system....!) He should advise the agent of this in advance to minimise costs & as they will know what to do next in making it all legal. Also it's only fair in case the agents have someone else lined up wiating to move in!

Finally, on behalf of the agent, it is worth noting that they are actually acting on behalf of the Landlord & not for themselves, so please don't take it out on them, they are only doing what the LL pays & instructs them to do! I have never ever met a property manager or estate agent who enjoys evictions, they are a pretty harrowing experience all round!

HTH;)

spinning_hamster_wheel

Hmm it would help if you mentioned where this was taking place. I do not known english law on the subject. However, if you are in scotland and decree has not been passed then you still are in with a fighting chance. A valid reason to have an award of backdated housing benefit in scotland at least is that the recipient has a health related problem which has precluded them from attending to their affairs. However if decree has been passed, housing benefit applications are suspended. If decree has been passed then your bil can ask a solicitor to lodge a minute for recall which will will negate the decree and allow court proceedings to start afresh ie he can have another chance at representing himself. then the housing benefit application may be reconsidered. but there is not enough information here to go on. has a summary cause summons been lodged at court (in scotland that is how landlords and housing associations go about eviction proceedings) and has your bil received notification that during a particular period the landlord may seek to have your bil evicted? in scotland typically two months notice must given in the statutory form before eviction proceedings may be raised.

Its unfortunate but if your bil cannot pay the rent then the landlord is eventually entitled to have him evicted. your bil cannot live rent free; if he wishes to do this then he will have to consider living rough. the landlord is entitled to collect his rent after all. hope this helps. the worst thing about helping someone with rent arrears is that invariably they are of the nature that they feel hiding their head in the sand is the best route forward.

tanith

Am I missing something here...If as OP states he is on HB how did he manage to be in arrears to the tune of £3500? I was under the impression that HB was paid directly to the landlord?

Mrs_B_12

He may not have been on full housing benefit, just getting part of it paid I'd assume.

Have you contacted anyone yet for help? It is leaving it to the last minute with it being the weeknd now.

Zara33

Wil contact Shelter NOW

http://england.shelter.org.uk/home/index.cfm

Savvy_Sue

tanith wrote: »

Am I missing something here...If as OP states he is on HB how did he manage to be in arrears to the tune of £3500? I was under the impression that HB was paid directly to the landlord?

It doesn't have to be ...

will1974

Thanks everyone for posting, I have replied to the duplicate post that was posted in the housing section of the chat forums. Really apprciate the time for people to offer advice.Kind regards.