How long am I intentionally homeless for ?

Missw

Bumped - New question further down the page.


Gave up a council property back in 2002, There was rent arrears, and not knowing any better at the time I didnt know that i could fight the eviction, So gave up the property as soon as I recieved notice.

Since then I have sofa surfed, lived in hostels, and 2 long term privately rented accoms.

My most recent being of 7 years, is due to end on the 14/7/2014, and the LL has stated she will be around to give us our 2 months notice today. ( this is not due to rent arrears or antisocial behaviour - its just time for the tenancy to end )

I dont have many issues with this.

But. Will the council help with rehoming me now, or will my record still be flawed by something that happened 12 years ago ?
I cant find any information on this anywhere.

Many Thanks x

Edit - We're a family of 5, Hubby, me, and 3 kids, one of which is in reciept of DLA - Which I dont know if that will help our cause, or not )

Perelandra

Hopefully someone will come along who can give a more definitive answer, but I would suggest that this paragraph:

11.6. Housing authorities must not adopt general policies which seek to pre-define circumstances that do or do not amount to intentional homelessness or threatened homelessness (for example, intentional homelessness should not be assumed in cases where an application is made following a period in custody. In each case, housing authorities must form a view in the light of all their inquiries about that particular case. Where the original incident of homelessness occurred some years earlier and the facts are unclear, it may not be possible for the housing authority to satisfy themselves that the applicant became homeless intentionally. In such cases, the applicant should be considered to be unintentionally homeless.


[/QUOTE]

Would imply that your actions 12-years ago shouldn't determine that you're intentionally homeless.


Source:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/7841/152056.pdf

thesaint

I suggest you speak to your local authority.

I take it that you have not paid your rent arrears?

TBagpuss

Is it the same council? Were you married then?

I think it is unlikely that you would be seen as intentionally homeless and given that you have had various homes since I think that your most recent situation will be more relevent.

if your arrears were under a different name they may never connect the dots in an event.

Missw

Thank you for all your replies.

No the arrears were not paid back, as I disputed them, and gave evidence of me not working, claiming at the time, and my only way of paying rent was via housing benefit. For over 10 years I have not heard anything more.

Yes, It is the same council, Under my maiden name.

I do intend to speak to the council, once I have been given my notice to quit.

Your replies have given me some hope, Many thanks x

Missw

Bumping this, instead of starting a new thread.

As I said in the first post the LL was due to come round to serve our 2 months notice.
But.. she hasnt, Nor has she done a contract renewal, so I'm a bit confused as to whats going on.

If the tenancy is due to end on the 14/7/2014, Does this mean she's missed the end date for serving notice, and then we become a rolling 1month contract ?

If so, does the 2 month notice still stand if you are on a rolling contract ?

Would she have to wait until tenancy has ended, or could she issue the S21 ( for example ) today, to end within a non contracted tenancy ?


Also. ( if it makes a difference ) The deposit, although it WAS protected, At time of last contract renewal, (14th Jan 2014) they failed to renew it in the scheme, We have a letter from the scheme telling us it hasnt been 'reprotected'

Lily-Rose_3

She can't issue an S21 until the end of the 2 months notice she gives you. And she will only issue that if you don't move out.

I suggest you visit the local authority as you're being booted out. Are you on any housing list though? If you're not, then being housed by the council or any housing association will be less likely.

What happened 12 years ago is unlikely to affect any decision on your housing needs now.

G_M

Lily-Rose wrote: »

She can't issue an S21 until the end of the 2 months notice she gives you. And she will only issue that if you don't move out.

Sorry - this is rubbish. The S21 Notice must provide the 2 months notice.

If the LL intends the tenancy to end when the fixed term ends, then he must serve a S21 Notice 2 months before it ends.

the LL was due to come round to serve our 2 months notice.
But.. she hasnt, Nor has she done a contract renewal, so I'm a bit confused as to whats going on.

If the tenancy is due to end on the 14/7/2014, Does this mean she's missed the end date for serving notice, and then we become a rolling 1month contract ?

Yes

If so, does the 2 month notice still stand if you are on a rolling contract ?

Yes

Would she have to wait until tenancy has ended, or could she issue the S21 ( for example ) today, to end within a non contracted tenancy ?

Yes

although it WAS protected, At time of last contract renewal, (14th Jan 2014) they failed to renew it in the scheme, We have a letter from the scheme telling us it hasnt been 'reprotected'

You should have received the 'Prescribed Information' for the deposit scheme again when the contract was last renewed. There is some doubt legally, but it is likely that any S21 Notice would now be invalid.

Lily-Rose_3

G_M wrote: »

Sorry - this is rubbish. The S21 Notice must provide the 2 months notice.

If the LL intends the tenancy to end when the fixed term ends, then he must serve a S21 Notice 2 months before it ends.

Hey, no need to be rude. This is what I have always thought; that the LL gives 2 months notice and then issues the S21 if you don't leave at the end of the 2 months. I wasn't aware that they could issue it with the 2 months notice to get out!

I still stand by what I said about whatever happened with a tenancy 12 years ago will not be taken into account now though. Although there is a slight chance of repercussions if it's the same council.

PasturesNew

If she turns up right now, with a tenancy ending on 14/7 then her notice (if properly served) would give you 2 months from your next rent date, which is 15th June.

Two months from 15th June would give you a "leaving date" of 14 August.

PasturesNew

Lily-Rose wrote: »

...S21 ...2 months.

The S21 IS the two months. One and the same, terms used interchangeably here in the vernacular.

S21 can be served any time after the start of the tenancy.... most often these days when they're giving the "notice". The notice period is for two full rent periods, so takes effect from the following rent date (which might be 2 months' time if they got it right, or might be 3 months -1 day if they farqed it up).

At the end of the two months they can then apply to the courts for you to actually leave as the S21 is just the notice that if you're not gone they WILL be going to Court.