Impending homelessness, because of bankcrupcy

millstonehouse

We're soon to receive a section 21 evicting us from our rented accommodation. We've had a lot of difficulty in trying to get a new place to live as our credit reference gets us knocked back, plus we do not have a guarantor and the agencies that have been helpful have wanted six month rent upfront (one wanted three years).

I've spoken at length to Shelter. CAB and the Housing Authority and only once when we get the section 21 can help be given by the local council. I've looked for private Landlords as advice I've been given says they are less likely to want a credit reference, but in my part of London, no one seems to be advertising in the local papers, another piece of advice I was given was look for "DSS welcome" lets, again I'm having difficulty finding them.

We're not becoming intentionally homeless, because of rent arrears we are completely up to date. The landlord wants to sell the house and wants rid of sitting tenants for an easier sale. I'm hoping that the Housing Authority will be nice to us as my wife is in two years remission from stage 3c cancer and my eldest daughter is under the care of Great Ormond St for her physical disability.

My question is, how have people coped in this situation? what is the reality of this kind of situation? Shelter introduced me to the concept of Street homeless families, which frankly terrified me and I've squirreled away a little bit of cash for a B&B if something that bad happens.

I guess I'm looking for some advice in case I've missed anything or I could be doing something different

georgiasmum

I have no idea how to advise you but can empathise with the credit rating thing. I would get to the council offices and demand some help. You seem like a priority need to me. Sending you good wishes for a swift and positive outcome.

Voyager2002

I think you would get more relevant advice if you post on the Housing branch, since this problem is not really a B/R question. A couple of initial thoughts:
A Section 21 Notice is not generally an eviction, but a notice that the landlord wants you to leave. Standard advice is to stay put when you receive one and keep on paying the rent. At that stage all that the landlord can do is go to court, and the process usually drags on for 3-6 months. It is only when the court has granted a possession Order, and the landlord is legally able to send the bailiffs round to evict, that the Council is obliged to assist you. Once things get to that point it is probable that the Council will put you into a B and B.

I am concerned that you mention 'rent arrears', and confused because you say that the rent is up to date. If you lose your home because of a failure to pay rent then you may be considered as being "intentionally homeless" and so the Council has no obligation to help you. Equally, if you stop paying rent then the legal process for the landlord to evict you becomes a great deal faster and simpler.

millstonehouse

I probably didn't phrase it correctly. We have no rent arrears at all, completely up to date. we have absolutely no intention to stop paying rent at all.

I thought I'd include that information as from what I understand the local council will be less willing to help if there are rent arrears.

Sorry I posted in the wrong forum, it was just that my bankruptcy and the effect its had on my credit references seems to be the main sticking point for finding new accommodation.

Thank you for putting some time scales on it

silvercar

Do you work?

If not then your need to live in the same part of London is less. London has very good public transport links and it may be that you need to look further afield to find accommodation.

longtermplanner

millstonehouse wrote: »

I'm hoping that the Housing Authority will be nice to us as my wife is in two years remission from stage 3c cancer and my eldest daughter is under the care of Great Ormond St for her physical disability.

As parents with a child, you are in priority need. Add in your daughter's disability and the local council will re-house you. It may be in temporary accommodation, it may not be very nice but you are not going to be on the street.

TheGardener

millstonehouse wrote: »

We're not becoming intentionally homeless, because of rent arrears we are completely up to date.

I'm guessing a stray 'comma' is responsible for this looking like you are saying you are becoming homeless because of rent arrears...?

Have you registered with all the local housing associations?
Have you tried private lets on Gum Tree?
Can you get a glowing reference from your current landlord? It is in his best interests to give you a great reference if he wants you out and without one you will struggle
Do you have a deposit with your current landlord that you expect to get back when you leave?
Have you asked your local council about the rent guarantee or bond scheme to help with a deposit?

TheGardener

longtermplanner wrote: »

As parents with a child, you are in priority need. Add in your daughter's disability and the local council will re-house you. It may be in temporary accommodation, it may not be very nice but you are not going to be on the street.

If the OP is in London don't bank on this - even B&B is scarce and exorbitantly expensive - landlords are well know for holding housing officers to ransom and demanding huge rents in London.

millstonehouse

To clarify we are NOT in arrears, just having a lot of difficult getting anyone to take us. We can afford London rents, just cannot get a guarantor and don't have the six months rent in advance.

TheGardener are you saying that there is evidence that shows that families in London are not receiving help from local Authorities, could I have your source?

Having spoken at length with Shelter who are being evasive about the extent of the problem, I just would like to have as many straight facts as possible.

We are actually stuck in that grey area, we're not DSS we can pay rent, we don't have the safety net of enough savings and can't get credit. This is one of the consequences of Bankruptcy and Living with it.

I'm guessing that no one who is reading this has experience of trying to get housing when you're in a bankrupt situation or is prepared to share their experience.

Poppie68

millstonehouse wrote: »

To clarify we are NOT in arrears, just having a lot of difficult getting anyone to take us. We can afford London rents, just cannot get a guarantor and don't have the six months rent in advance.

TheGardener are you saying that there is evidence that shows that families in London are not receiving help from local Authorities, could I have your source?

Having spoken at length with Shelter who are being evasive about the extent of the problem, I just would like to have as many straight facts as possible.

We are actually stuck in that grey area, we're not DSS we can pay rent, we don't have the safety net of enough savings and can't get credit. This is one of the consequences of Bankruptcy and Living with it.

I'm guessing that no one who is reading this has experience of trying to get housing when you're in a bankrupt situation or is prepared to share their experience.

It's rather widely known that all London housing authorities are suffering from lack of available housing...if you want acurate figures the information will be on the internet somewhere if you have a search. You would be better looking further a field and taking advantage of the extensive public transport system, but if going for council housing most authorities require you to of been living in the area for a certain amount of time or/and having family ties to that area.

You seem a little put out that nobody has come forward with personel stories of their bankrupcy and housing woes...some may not wish to share, some may not of had the same problem regardless of lack of stories the problem you face is no different than someone with an adverse credit report without bankrupcy. Landlords these days can be choosy, there is no lack of potential tenants what you need to do is trawl the papers, newsagent windows, internet and letting agents until you come across a landlord who is prepared to take you on.
Do you have family to loan you the upfront required rent? If not save every penny you can between now and the day you have to leave your present property and hopefully you will have enough to secure a new rental.

TheGardener

TheGardener wrote: »

Have you registered with all the local housing associations?
Have you tried private lets on Gum Tree?
Can you get a glowing reference from your current landlord? It is in his best interests to give you a great reference if he wants you out and without one you will struggle
Do you have a deposit with your current landlord that you expect to get back when you leave?
Have you asked your local council about the rent guarantee or bond scheme to help with a deposit?

I know this is a difficult time for you - yes, I do have first hand experience of being at risk of losing the roof over my head (and yes I have children) and I have seen many posts on this board with similar experiences. What that experience taught me is that Housing Officers will try hard to meet their statutory duties but if there is no suitable property within the budget they have - then no amount of tears and tantrums will fix it - that's a reality. I too was in the 'grey' area, could afford the rent but not the deposit.
What I learned - and the advice I was offering is above - is what got me out of the hole - no one else is going to do it for you.
The rent guarantee/bond scheme sounds like its your best option - Have you asked your council about whether they run that scheme in your area?
Have you got a good reference? Have you asked for one? What about your existing rental deposit ?
Now is not the time to get angry about the council or Shelter or anyone else for that matter - now is the time to arm yourself with as much info as possible and get out there and find a solution - with the other health/family issues you are having to deal with I know its tough - but there a probably a 100 other people in front of you in the queue with similar problems...
I am not unsympathetic to your situation - on the contrary, I understand exactly how scary and frustrating it is.