Help with unfair eviction asap!

krok

BigAunty wrote: »

Your story doesn't add up.

When did you move into this property? When did you last complete a HB application.

Back in April 2008, I think, they changed the housing benefit rules for new claimants when they introduced Local Housing Allowance rates to pay it directly to the tenant by default. Only tenants that are deemed vulnerable (defined by the council and not by the tenant or landlord) get their rent paid directly to the landlord. Vulnerable tenants are ones that can't manage their rent, such as those with learning difficulties or a history of rent arrears.

That box has (or should not have) existed on forms for many years.

Sorry Aunt but social housing associations still gets their rent paid directly to them as the op says.

thesaint

AirBoom wrote: »

Well the council said as it was my fault i didnt keep on top of things and that i made myself homless and there is nothing they can do and the only thing they reccomned was to contact CAB and they will refer me to m25 a homless shelter but they are full and could be up to 2 weeks before anything is sorted.

You need to be firmer.
You have been illegally evicted from your property.

Plesase go back to the council and explain this to them, and if you get no joy, speak to their superior. Take a pen and paper, and take the names of the people you speak to, and a note of what they tell you.

BigAunty

krok wrote: »

Sorry Aunt but social housing associations still gets their rent paid directly to them as the op says.

He's not a social housing tenant. Yes, social housing landlords receive their HB directly but even that is going to be phased out and under UC the social housing tenants will receive their HB directly. So that's an irrelevant observation.

I am aware that some councils have ignored the govt rules to pay HB directly to the tenants in all but exceptional cases of vulnerability because it makes things easier for them but the box on a form to allow a tenant to choose who receives their HB should not now exist.

Why didn't the tenant receive any information about his HB issues from the council? Still not adding up.

Pixie5740

Shelter have a section on their website about challenging illegal evictions which might be useful for you.

http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/challenging_illegal_eviction

Although I suspect finding somewhere to sleep tonight is a higher priority for you at the moment.

BigAunty

thesaint wrote: »

You need to be firmer.
You have been illegally evicted from your property.

Plesase go back to the council and explain this to them, and if you get no joy, speak to their superior. Take a pen and paper, and take the names of the people you speak to, and a note of what they tell you.

I agree. Councils are well known to try and shirk their responsibilities towards the homeless, even though the law sets out their minimum responsibilities. He does need to be firmer because councils try to resist providing services, either deliberately or because they are overwhelmed with demand.

For example, the Crisis charity performed an exercise to see how a number of single homeless presenting themselves as homeless to local councils in London fared. From memory, 90% of the homeless were fobbed off when all of them should have had their application accepted as an initial stance. For example, many couldn't even get passed the receptionist, couldn't get hold of the forms, were told to come back with more information, were given leaflets about hostels or homeless organisations. This shows you how terrible local councils are - they have legal duties that were shown to be ignored in the majority of cases all across the city so they have a very 'can't do' culture that is entrenched.

Being evicted for rent arrears does indeed limit his options for council support but being in arrears does not give the scum landlord any right to turf out a tenant with no notice.

I advise the OP to follow the Shelter advice about his illegal eviction and then report the council apathy to his MP (and any Police apathy, too).

AirBoom

BigAunty wrote: »

He's not a social housing tenant. Yes, social housing landlords receive their HB directly but even that is going to be phased out and under UC the social housing tenants will receive their HB directly. So that's an irrelevant observation.

I am aware that some councils have ignored the govt rules to pay HB directly to the tenants in all but exceptional cases of vulnerability because it makes things easier for them but the box on a form to allow a tenant to choose who receives their HB should not now exist.

Why didn't the tenant receive any information about his HB issues from the council? Still not adding up.

All i know is my hb gets paid directley to the letting agent and the missing payments are from oct - now and i didnt even know. I think it was because i moved from jsa to esa for medical reasons. I will ring the council again and try to sort this out as im effectively homless.

thesaint

AirBoom wrote: »

I will ring the council again and try to sort this out as im effectively homless.

There's your main problem.

BigAunty

AirBoom wrote: »

I will ring the council again and try to sort this out as im effectively homless.

Speak to Shelter first to clarify the councils obligations and if you should be contacting the Police.

Then when you speak to the council be sure to let them know that Shelter have advised you and be firm if they try to wriggle out of their responsibilities.

I know you have spoken to their homeless department who have given you the grand brush off because your eviction was prompted by arrears but did you speak to a tenancy relations officer about your illegal eviction?

preable

Call the council and ask to speak the the liaison officer for unfair evictions

AirBoom

BigAunty wrote: »

Speak to Shelter first to clarify the councils obligations and if you should be contacting the Police.

Then when you speak to the council be sure to let them know that Shelter have advised you and be firm if they try to wriggle out of their responsibilities.

I know you have spoken to their homeless department who have given you the grand brush off because your eviction was prompted by arrears but did you speak to a tenancy relations officer about your illegal eviction?

I am about to speak the the person who contacts the landlord on my behalf to see if we can resolve the situaton.