Urgent help needed regarding housing benefit and possible homelessness

pmlindyloo

BigAunty wrote: »

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.

This is all quite true but in the OP's case where he is hoping to get back to work and eventually get another place to rent then I suspect the lack of a reference from his LL would not help.

The main difficulty the OP has is that his current rent is so much greater than his local housing allowance.

To be honest, I think he will be very lucky to get Discretionary Housing Payments in his particular case which I think he is relying on.

Although I do have sympathy for the OP's current situation I also have some sympathy for his landlady who is obviously not receiving the full rent.

Because the OP is unwell at the moment I do feel he should be addressing this issue and making temporary housing arrangements until his illness is stabalised (spelling?)

The stress of a court hearing and the bailiffs evicting is not a pleasant course to take and I personally feel that making alternative arrangements would be far less stressful.

kelpie35

6091833 wrote: »

I have looked but not found anything yet and to be honest I don't really know the right places to look. A friend has just suggested looking on Gumtree so I'll give that a try.

Thanks.

If you have a facebook account you might find a page for your area that offers house share.

Your local paper might have a section too.

111222

pmlindyloo wrote: »

This is all quite true but in the OP's case where he is hoping to get back to work and eventually get another place to rent then I suspect the lack of a reference from his LL would not help.

The main difficulty the OP has is that his current rent is so much greater than his local housing allowance.

To be honest, I think he will be very lucky to get Discretionary Housing Payments in his particular case which I think he is relying on.

Although I do have sympathy for the OP's current situation I also have some sympathy for his landlady who is obviously not receiving the full rent.

Because the OP is unwell at the moment I do feel he should be addressing this issue and making temporary housing arrangements until his illness is stabalised (spelling?)

The stress of a court hearing and the bailiffs evicting is not a pleasant course to take and I personally feel that making alternative arrangements would be far less stressful.

Then the other problem is, where are you going to rent for £256 per/month. In the private sector, really only a flatshare.

Pippin12

I was threatened with homelessness as I also received an eviction notice. However the Local authority rehoused me into a council flat within two weeks. I am single and have no dependents but as I have diagnosed mental health problems I was deemed in priority need. I know I was very lucky, but I wouldn't assume the council can't or won't help. You having serious mental health problems might mean you qualify as priority need.

sandraroffey

lots of house shares and rooms to rent on spareroom.com and easyroommate.co.uk

you can search by your own area.

Willing2Learn

benefitbaby wrote: »

Hi, have your local council actually accepted that you may be homelessness/threatened with homelessness? This may seem like a daft question but some councils do not trigger their duties when they should.

If the council believes that you 'may' be homeless/threatened with homelessness then they are required to provide advice and assistance. If you meet certain criteria then they have a duty to house you see http://england.shelter.org.uk/get_advice/homelessness/homeless_peoples_rights

What are you council doing in relation to your s21 notice? If your answer is 'I don't know' then I urge you (as others have) to contact Shelter for advice.

The s21 notice is not sufficient for Local Authority to consider someone as threatened with homelessness. The s21 does not mean that an individual has to move out. A tenant only has to leave once there is a warrant for possession and the tenant has received an eviction notice. The eviction date will be on that notice.

IMPORTANT: If tenant moves out before a court has authorised an eviction then a Local Authority would consider an applicant to have made themselves intentionally homeless. This would be the case if the tenant (or OP) moved out after receiving a s21. It could mean a Local Authority could not re-house even if they wanted to do so. NEVER move out on a s21. Wait until there are less than 28 days before eviction (according to eviction notice) before approaching Local Authority)

benefitbaby wrote: »

The council only have a duty to house if you are 'eligible for assistance' and in 'priority need' this is quite a specific criteria.

This is not correct.

A Local Authority only has a duty to re-house an applicant if they are:

• Eligible for assistance (eg habitually resident in UK and a UK/Irish national or foreign national with leave to remain)
  AND
• In priority need
  AND
• Vulnerable due to their priority need (legal definition of vulnerability is less able to fend themselves than an ordinary person and likely to come to detriment or harm if homeless.

Mental health is a priority need category. But mental health on its own is not enough as the applicant has to be vulnerable as a result of their poor mental health.

MissMoneypenny

6091833 wrote: »

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

The deposit has to be with one of the 3 schemes and the landlord had to issue you with the Prescibed Informantion. Until this is done, they cannot legally use a section 21.

You can google prescribed information. Or you can start a thread on the house buying and renting board on this site and ask on there for up to date information on the landlords responsibilty with the deposit schemes and prescribed information.

Willing2Learn

@OP

Please do not move out because you have received an s21 (unless you have somewhere to go that will be settled accommodation). You will be considered intentionally homeless. No matter how well you get on with your landlady do no not move out before you receive an eviction notice and preferably not before the date of eviction when bailiffs will attend.

Gather all your supporting evidence together including:

• All letters/reports/assessments from GPs, CPNs, hospitals, psychiatrists, social workers that are relevant to our mental health.
• Proof of income (benefit letters/ wages slips etc)
• Proof of identification (passport/driving license/ NI card/medical card etc)
• Write down a list of all the places you have lived during the last five years, including dates of residency and full postal address. If you were sofa-surfing or homeless then they must be included. (This information is required by Local Authorities an hostels to process any application you may make). Take the time to this list as it will be very important.
• Make a list of boroughs/council with whom you have Local Connection. You are considered to have a Local Connection to a region for things such as if you or a close family live there, if you are employed or are attending college/school/university there, if you get professional support from within that council or if you have a proven support network in that area.
• Keep all of the the above safe.

FYI, in 2004, following a change in law, all Local Authorities are required to have a 5-year strategy on homelessness. Included within the strategy, there must be a plan on prevention of homeless. (I've actually been part of a steering group who have developed a five-year strategy). Some Local Authorities will have schemes to help people who are not owed a statutory duty including discretionary temporary short-term housing for applicants who are not considered vulnerable.

You urgently need that professional advice/support/advocacy to ensure that both your legal rights are upheld and so that you can consider all options should the Local Authority not have a legal duty to re-house you

Please seek professional advice NOW (on Monday preferably). A solicitor can do this for you. A local day centre with professional housing advisors can also do this. The Local Authority is not always the best place to seek advice as they do sometimes make incorrect decisions on matters of law.

If you need help with finding professional support please let me know and I will try and help you with your search. You will need to provide the first half of your postcode and postal town in which you live. (No more details as this would compromise your privacy)

I am more than happy to spend a little time helping you find support in your area. Please do not feel shy. Just need the first half of your postcode and the postal town....

Apologies for any typos...broken keyboard....

Edit: Shelter also offer advice surgeries in towns and cities throughout the country

Dunroamin

111222 wrote: »

Then the other problem is, where are you going to rent for £256 per/month. In the private sector, really only a flatshare.

And what's wrong with that?

Willing2Learn

Dunroamin wrote: »

And what's wrong with that?

It can, in some cases, be a major issue for someone with mental health support needs. Obviously dependant on the diagnosis and the impact on their day-to-day living. Shared accommodation is not always appropriate to need.