Tenancy been ended by the LL

AngelPie78

I am living in a rented house and have been sent an official letter from my LL ending the tenancy. It was sent by recorded delivery on 28th Feb, received on 1st March and the date they have asked for me to leave is the 3rd May.

This is just after our contract end date and these are friends of mine who are selling the house in order to free up equity so they can find somewhere for their family to live as they have been living with parents for a year with their own small children and have struggled to raise the funds for a deposit etc to rent.

I was in more or less the same situation this time last year (house was rented and LL said they were selling the house, so I had to move out. Very hostile situation as I owed rent and was in a bad place all round) so am gutted that I have to uproot the children again. There was some rent outstanding, but that is all paid up now and I know that it has nothing to do with the end of tenancy.

My situation is made all the more difficult as I am a student and don't work (though I am setting up a business and so am classed as self employment - no income from this as yet). I have three children but only get child benefit for two (a boy and girl aged 5 and 16). My daughter is just about to do her GCSEs and is going through an extremely difficult time at school and has some health problems as a result of this, so is being home schooled atm.

My only income is my student loans {around £10k p.a, paid three times a year}, child benefit and WTC/CTC. I also claim HB of around £100 p/w. My annual income is around £28k net.

Trying to get a private house rental is just not something I feel I can do. I tried {and failed} last year and actually paid three times for a holding fee on 3 different properties and they all fell through for one reason or another. I don't have a guarantor, as the only person I know who could do it is my Mum and she doesn't earn enough for most of the agencies calculations and also is near retirement age. I am more than happy to pay rent up front, when I receive my student loans, but this doesn't seem to work either. Last year, someone was out to get me {as a result of a messy divorce and an evil ex-husband} and they actually emailed all the local agencies, lied about me and this is *probably* why the three houses fell through. I can't imagine that my name won't still be remembered a year on - I have a very unique name, unfortunaately!

Anyway, I have been on the council housing list for two years and have not found anywhere, but now can update them with the end of tenancy situation and also can add my daughter to my application {she wasn't living with me a year ago} and *hopefully* all will be well and I will find somewhere soon.

Further problem is that I don't have a car and there is an agreement in my divorce that the children are not moved from their school. At the moment, I live within walking distance of the school and the boys' friends, as well as round the corner from their Dad {who shares joint custody of the boys}. Public transport where I live is awful and very expensive and I currently walk everywhere as my location is perfect for schools/shops/uni etc

I appreciate that beggars can't be choosers, and I am not in a position where I can be picky, but my main questions are can I explain all this to the council about my location, will they take this into account i.e. the court info about the school and transport issues?

I had a breakdown a couple of years ago, last yea's eviction made it worse and I literally am just coming off the meds and finding my feet again. I am really trying hard to stay calm and not worry too much and feel that I am in a better place, but it's kind of worrying me still :S

I *know* that the council won't really take into account anything - last year they were happy to see me and my kids homeless or living in a "hostel" 23 miles away {and by hostel, I mean a well known halfway house for druggies and ex prisoners} but do I really have to jump through all these hoops?

I know I probably sound extremely ungrateful, I'm not really, but I feel that I would more than happy to rent somewhere privately and pay the extra from my income, but I cannot cope with uppity agents, uppity landlords and doors slammed in my face all the time. I'm just not string enough.

Ah, also, I am keeping an eye on Gumtree and have paid for an advert, explaining my situation in the hope that this might produce and privately rented property

Any help or advice will be gratefully received...

x

AngelPie78

Sorry, just realised how long that post was - I tend to go a bit - oops! x

agrinnall

I can't help with what the council will say, although obviously it can't hurt to ask. Unfortunately you are not in a great position for private landlords, being both a student and in receipt of HB, either of which might be a no-no for LLs. Gumtree and the like may indeed be your best bet for finding a private rental.

You don't mention in your list of income sources any payment from the father for the children, if there isn't any, why not?

gordonbennet

Really sorry to hear of your predicament.

I'm no expert on this. You will get a much better response / advice if you post a much shorter post! Just the pertinent facts followed by a question.

From the little I know / have read, start by going to the council and telling them you have been served notice and will be homeless in due course. Bear in mind that the notice you have been given (presumably called a Section 21) does not mean you have to move out by the date stated. The council will possibly tell you to wait until the landlord has been awarded possession by a court, before they can help you.

BitterAndTwisted

I fear you'll find that your area of preference will not be of any interest to the Council. Resources are scarce and most Councils can barely meet demand if they are meeting it at all. In some Local Authorities prospective tenants are given one choice only: take this property or leave it and make your own arrangements. Some Councils will consider having discharged their obligation to you by helping to find a private rental.

On an annual income of around £28k net you should be able to afford to rehouse yourself and your children by offering to show prospective landlords/agents your bank statements as proof. There are people managing to raise families on half of that amount.

Please note that only the tenant or a court can bring a tenancy to an end: your landlord cannot do so by issuing you with a Section 21 Notice. That's just a formal statement of intent. You could find that the Council might decide that you have made yourself "voluntarily homeless" if you decide to move before the landlord has gained a possession order in court, or maybe before the court-appointed bailiffs are at the door. You must find out what their policy is before you decide to do anything.

N1AK

BitterAndTwisted wrote: »

I fear you'll find that your area of preference will not be of any interest to the Council.

This is true, however if the only property the council offers you is in breech of your 'divorce' terms (I assume it's actually the terms of the custody of the children) then I would speak to citizens advice as you cannot be put in a position where the choice is breaking the terms or being homeless.

BitterAndTwisted wrote: »

Please note that only the tenant or a court can bring a tenancy to an end: your landlord cannot do so by issuing you with a Section 21 Notice. That's just a formal statement of intent. You could find that the Council might decide that you have made yourself "voluntarily homeless" if you decide to move before the landlord has gained a possession order in court, or maybe before the court-appointed bailiffs are at the door. You must find out what their policy is before you decide to do anything.

These points are true, however I strongly urge you to consider it carefully before putting yourself and your friends in that situation. Refusing to leave at the end of an S21 notice and forcing them to actually evict you comes with consequences and costs and won't ultimately stop you being evicted, but will instead delay it by a couple of months.

It is also unlikely that a council could claim you were intentionally homeless if you did leave at the defined date, and even if they did you could appeal with a strong case and even then the consequences aren't as bad as you might think (you wouldn't be left on the street).

Take a look here for more information:
http://england.shelter.org.uk/get_advice/homelessness/help_from_the_council_when_homeless/intentional_homelessness

AngelPie78

Hi and thanks for all of your replies...

Yep I've been issued with a Section 21 and, if it's the same as last year, then the council insist I stay until the court says I have to leave, which I would want to avoid for many reasons, but I can't see that I can do anything about it if I don't find anywhere else to go. In all honesty, they want to sell, so I was thinking that as long as I was happy to have viewings etc then they might be happy for me to stay...

With regards to the income, I am more than happy to support myself and pay all the rent if I have to. Last year, I was happy to not claim HB in order to get one of the houses as they did not want to have a tenant on HB. However, my student status is then the problem as I have no guarantor... Am sure people can't really survive on £14k? In my part of the world, average rent for a three bed house is £750+p/m...

Thanks again for the advice

G_M

I can't help with the council I'm afraid, but

AngelPie78 wrote: »

I am living in a rented house and have been sent an official letter from my LL ending the tenancy. It was sent by recorded delivery on 28th Feb, received on 1st March and the date they have asked for me to leave is the 3rd May.

This is just after our contract end date and these are friends of mine who are selling the house...

x

Always more difficult with friends.....

* What was the 'letter'? Just a friendly letter? Or a formal S21 Notice?

* Received 1/3/14

* Expiry date 3/5/14

* Fixed Term ends 'shortly before' 3/5/14????

* So dates are valid

* Did you pay a deposit? On what date?

* Is the deposit protected? Which schme?

* What date was it protected, and what date did you receive the 'Prescribed Information'?

AngelPie78

Sorry I missed the question about the fathers paying money. I have joint custody of my sos, so my ex doesnt give me any money and my daughter gets an allowance from her dad in lieu of him giving me money and she pays for her transport to school (when she goes) and her clothes, phone bill etc... He won't give me any more and it's not worth the faff to take him to court and get more - it'll just stress her out more and she is already suffering from anxiety problems...

AngelPie78

G_M wrote: »

I can't help with the council I'm afraid, but
Always more difficult with friends.....

* What was the 'letter'? Just a friendly letter? Or a formal S21 Notice?

* Received 1/3/14

* Expiry date 3/5/14

* Fixed Term ends 'shortly before' 3/5/14????

* So dates are valid

* Did you pay a deposit? On what date?

* Is the deposit protected? Which schme?

* What date was it protected, and what date did you receive the 'Prescribed Information'?

Yep it was a formal s21 notice, the dates are the ones you've stated. I think the contract ends on the 1st May but would need to double check that. It's before the 3rd May anyway.

Yes, I paid £500 deposit and it's in a protected schwmd. Not sure which one, got an email. Will check.

BitterAndTwisted

OK, so it looks like you landlord will succeed in being granted a possession order if they have to go to court. As the S21 is valid they will be granted it automatically and there will be no fighting it, just delaying the inevitable.

I think you need to make some preparations and get your ducks in a row:

Contact your Local Authority's Housing Department and tell them you've been issued with a S21 Notice and ask them what help might be available. For some, this might mean help in securing a private rental or being put in a B&B until they have something available. If they accept your homelessness application a B&B will mean you go wherever they can find a place for you and your children.

Meanwhile you husband cannot enforce where you live, regardless of whether he pays you any CM or not. If he's prepared to insist and attempt to enforce then he should be prepared to contribute.

Speak to local letting-agents and tell them you can prove you have a net income of £28k per annum, so you should be able to afford a decent rental plus the necessary referencing fees, deposit and month's rent in advance.