Urgent help needed regarding housing benefit and possible homelessness

6091833

pmlindyloo wrote: »

First of all, are you job seeking or are you on ESA?

I'm on ESA. My GP said after the suicide attempt and my general mental health means I should take time off til I get help. I also have insomnia so working is difficult as I sometimes nod off unexpectedly which obviously looks really bad to the bosses!

the thing is I'm a web developer so my work pays very well so if I could get a job I'd take it because even if I only kept it for a month it'd help me clear some of the outstanding rent.

pmlindyloo wrote: »

Most councils have a housing shortage and single young men are not a high priority. Having said that your council may be one of those who have the facilities to help 'vulnerable young people (forgive the label)

Do you happen to know which councils do this? I'm in Manchester.

pmlindyloo wrote: »

If there is some form of suitable housing for you then it may be that you would be required to stay where you are until there is a court order to remove you. Rather unfortunate for you and your landlady who sounds nice, even though she has issued you with a Section 21.

I had a good chat with her about the options we have and she was reluctant to try to evict me through the courts. She has issued me with the section 21 after our discussion in the hope that it will speed up the decision making process at the benefits service. However it isn't simply to manipulate them, she will be sticking to the terms of the section 21 if I can't get the rent up to date by the date stated on it.

She's been really nice throughout so I really can't say a bad word about her and I understand that she needs the money to pay the mortgage on the apartment. I'd feel really bad about refusing to leave until ordered to by the courts but I suppose that may be my best option.

Obviously short term is my immediate concern, but what long term effect would a court enforced eviction have on me in the future? Can landlords find out about this during my application for future properties?

pmlindyloo wrote: »

Is there an alternative?


Would any family or friends help you out while you get better mentally?

Not really, I don't think. One of my sisters has a young family with no spare beds and my other sister lives with my parents and her baby is now in my old bedroom. They have all helped me out financially to keep me in the apartment this long and to be honest the last thing I want to do is ask if I can go back home to my parents house because I would be kicking my 3 month old nephew out of his bedroom which has been done up as a nursery. There's not even a bed, just a cot. And it just seems like every time I speak to them I'm asking for something and I think they already see me as a burden without even asking if I can move back in.

pmlindyloo wrote: »

The level of rent is not sustainable so you really need to seriously consider what you can do in the short term and then hope for a better future.

Indeed. And it seems the best option is to contact Shelter.

Thanks for the help.

6091833

Paul_01 wrote: »

Unfortunately its highly unlikely that as a young, single person with no dependents that you will be classed in the top band of need. I'm not saying it's impossible, in fact I do know of one case where it has happened - but I know of plenty where it hasn't.

That particular legislation is very very difficult to be caught by if you're single with no dependents. The Council are likely to find all the reasons possible not to find a duty of care for you, rather than reasons they should - the main reason of course is cost.

Do contact Shelter though, they are excellent.

Also, make contact with your local council's 'homelessness' section - this is very different to the housing benefit people who I'm guessing are the ones who are adding the notes to the computer for you (not very helpful in your situation is it?).

The homelessness section will have some more constructive help and advice in order to prevent homelessness. This includes liasing with your landlord and potentially helping you with your application for the discretionary payments.

Ultimately though, you need to find somewhere cheaper. Again, the homelessness section of the council may be able to help with rent in advance and the deposit. It depends how forward thinking and flexible your particular council is. I do know of specific examples of this happening for people in similar situations to you recently.

It seems that single white men are at a serious disadvantage compared in situations like these.

I'm just hopeful my mental health can have some bearing on the decision regarding the discretionary housing payment. It's not something I like to use to my advantage and I usually try to avoid telling people because of the stigma attached to it, but I suppose it's my only hope here.

Actually I've just found this on the Shelter website:

What do the council consider?

The council will usually take into account any special circumstances that contribute to your financial difficulties, for example, if:

• you have to pay child maintenance
• you have to pay legal costs
• your heating costs are high as you spend a lot of time at home because of sickness or disability
• you have additional travel costs because you travel to a doctor or hospital or you care for a relative or friend
• your work-related travel costs have increased because you had to move as a result of cuts to local housing allowance from April 2011
• you are likely to become homeless if a payment is not made.

So the section 21 notice may help here.

111222

To some of the answers given here, and I should say I am in Scotland, the council I am with has always put me up, I understand that they pay for it and places may be scarce but I would have thought if you do become homeless then the council will find you temp accommodation especially if you give them a doctors note. I have been through this a few times and have been always been housed put up but maybe it's different in Scotland.

But obviously you should check with Shelter.

MissMoneypenny

6091833 wrote: »

Even if I had found a cheaper apartment I would still be liable for the remainder of the lease on this one.

When does your contract expire?

6091833 wrote: »

She has issued me with the section 21 after our discussion in the hope that it will speed up the decision making process at the benefits service. However it isn't simply to manipulate them, she will be sticking to the terms of the section 21 if I can't get the rent up to date by the date stated on it.

What is the date of issue on the Section 21?

Has your deposit been protected in one of the 3 deposit schemes? Did you receive the Prescribed Information?

6091833

MissMoneypenny wrote: »

When does your contract expire?

What is the date of issue on the Section 21?

Has your deposit been protected in one of the 3 deposit schemes? Did you receive the Prescribed Information?

The current lease runs out on March 31st.

I'm not sure when the Section 21 was issued, but it says:

I hereby give you notice by virtue of Section 21 of the Housing Act 1988, I require possession of the dwelling-house known as: [my address]

After the expiry of this notice

This notice expires after 31st March 2013

My deposit is held by the agent I think. As I said I'm somewhat on things like this.

Edit: The date on the Section 21 is January 29th 2013.

Dunroamin

6091833 wrote: »

It seems that single white men are at a serious disadvantage compared in situations like these.

.

How to lose people's sympathy in one sentence!

charlieismydarling

What has your skin colour got to do with this?

Awaits complaints about lone parents jumping the queue...

pmlindyloo

6091833 wrote: »

The current lease runs out on March 31st.

I'm not sure when the Section 21 was issued, but it says:



My deposit is held by the agent I think. As I said I'm somewhat on things like this.

Edit: The date on the Section 21 is January 29th 2013.

If your deposit has not been protected then the Section 21 notice is invalid.

You can check if the deposit is protected by using this link here:

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes

The notice will also be invalid if they haven't sent you the prescribed information about the deposit scheme.

After you have checked you can come back here for more help or post on the House Buying and Renting forum for what happens next.

To be honest, even if the deposit isn't protected then you are only buying more time before you are evicted and worsening your relationship with your LL.

As said before, in the short term either stay with family until you are better and can get a job or find a house share where your rent will be paid by HB.

Having looked briefly at the Manchester council website the impression I get is that there is a large number of people who are homeless so there may be little chance of the council helping (worth a try though and they must give you advice)

111222

If you are made homeless some councils run rent deposit schemes, there is also a two payment HB scheme where if you find another flat(private I think) then you can have HB paid on two flats if you leave the current flat before end of notice. My knowledge of this is sketchy though so check it out.

Discretionary payments may even help with first months rent if you do find another place and also 'apparently' property is fairly good investment opportunity at the moment so you may be able to find a private sector flat that will take HB if your made homeless.

On another note, I have some web skills, mainly coding, maybe we could team up online, what is your skill, design or programming?

BigAunty

6091833 wrote: »

It seems that single white men are at a serious disadvantage compared in situations like these.

....

Your frustration over your situation is understandable but your race is irrelevant to how you will be treated. Households who are homeless with dependents and made vulnerable through disabilities are quite naturally prioritised over healthy single people.

The Shelter England website has excellent information on the eviction process and how the council will process your homelessness application, their obligations and your rights. The council should take into account your S21 and so you can start the ball rolling with them now. You can still have a roof over your head and be classed as homeless.

Basically, if the S21 has been served correctly (filled in right), then when/if the case reaches court, the judge has absolutely no discretion over the judgement and must give possession to the landlord, however, if you are still present in the property then, you will be given time after the court case before you have to leave, and you can make a case for an extension. I don't believe that the landlord can apply to the court until the end of the notice period and after the fixed term of the tenancy has ended. Then it can take up to a month or more until they get the date in court after the fixed term has ended, then the tenant gets some breathing space between the court date and the date when the landlord gets possession, usually a couple of weeks.

You are legally entitled to stay there until the landlord secures a possession notice, even if you have rent arrears. A tenant has rights to stay in the property until the landlord has got a court order. Generally a council will tell the tenant to remain in the property while they are looking into their homelessness application. So you are fine to stay there until the legal process is exhausted.