Would I be considered I made myself intentionally homeless if...

Poppie68

[quote's=Deleted_User;67567793]And how I am supposed to pay for deposit, rent in advance, man and a van, agency fees? I have some savinn't enough. My next pay day is exactly on the day of my LL's illegal notice.
BTW the HB issue was ANOTHER issue and it was my EXs husband's fault.[/QUOTE]


So why are you leaving if notice has been served iillegally?
You were given notice mid December he wanted the property back, 5 weeks later you haven't even looked for another property because you say you are too busy.

I think its because you have set your mind on getting social housing..
The path to social housing is not an easy quick one..and you live in London which makes it even harder..
As another poster has correctly stated being homeless doesn't guarantee you social housing now or in the future..being homeless doesn't even guarantee you a B & B for more than a few nights.

Due to the area you live they in all honesty may just help you secure a private let and you are then back in the same position you are in now..
I did post yesterday with regards to possibly getting help with your deposit I can guess the answer if I asked if you had called them today.

Your daughter shouldn't even know you are moving until you had secured a new place...even if what you say about her over hearing a conversation between you and the LL is true you should of blagged it...

emsywoo123

The OP is the master of procrastination.

Yes OP, you are in a very difficult position, no denying that, but again, you do not seem to listening to advice on here nor are you being pro-active.

Your DD is worried and the school is involved. You need to be doing more.

And before I am asked, yes I would say this in real life!

BigAunty

Have you received proper written notice for your eviction and if so, does it say it's an S21? Is it a formal letter or just a quick note?

Deleted_User wrote: »

[Would I be considered I made myself intentionally homeless if...]I write a letter to my landlord asking him to extend my tenancy by 2 months or so in order for me to have more time to find another property?

Anyway, I am just wondering if the letter to the LL would have any negative impact on my social housing application?

As stated before, intentional homelessness is irrelevant to the letter - it's about a tenant's behaviour that causes their own homelessness, according to the council's definition, so don't confuse it with other things.

If your landlord accepts your request, it may possibly mean you may not be considered as homeless by the council because you will not be in any immediate housing need, though councils do encourage tenants with insecure accommodation to notify them as early as possible, it's just that some don't tend to act until the possession/eviction process is further advanced.

If your landlord was to seek advice from a solictor or experienced landlord about whether or not to accept your request, I imagine he would be told not to accept it. Ask on the housing forum if you want the opinion of landlords as to whether they would accept a request for a tenant for an extension of the eviction date and if there are any legal implications for the landlord if they agree to it, such as invalidating the possession notice.

Deleted_User wrote: »

From my point of view it would have a benefit effect as people would see I am trying really hard to rent by myself and keep afloat and would go for social housing as a last resort but who knows?

Who are you proving this to and why? I just want to clarify your motivation and expected outcome on your chances of getting social housing by asking permission for extra time in your current rental property.

The Shelter website is very clear about the homelessness process and also the separate social housing general application process. I do not think the duration spent in private housing or positively negotiating with a private landlord for a longer tenancy carries any weight.

If I remember from your threads on the relationship forum, you live in a desirable central or west end part of London (apologies if I've misremembered). Social housing in London is subject to massive demand and short supply. Those that get it are generally in great need and exceptionally lucky.

So I wish you well with securing a nice social housing property in the area but generally local councils in London are completely overwhelmed by demand and often have to provide temporary private accommodation outside the tenant's current borough, sometimes outside of London.

Many councils are honest about the destination of those they are obliged to help who have been defined as homeless and the options they offer - has your local council published guidance on what is most likely to happen to a household they accept as homeless?

There is nothing to stop you from remaining on the social housing list even if you continue to live in private housing elsewhere (probably most social housing goes to those in priority need/homeless though). The social housing landlord will publish its allocation policy. Again, they are very likely to state the average waiting times for each different type of priority or banding, the amount of property they have that may become vacant versus the number of people they've accepted onto their lists that can apply for it.

Poppie68

I'm sorry if you think my posts are a little on the harsh side but you don't seem to be in a hurry to help yourself... I would hate for you to arrive home to the bailiffs waiting to evict you, not just for your daughters sake but yours as well
Sometimes what you want is not what you get .

BigAunty

Poppie68 wrote: »

As another poster has correctly stated being homeless doesn't guarantee you social housing now or in the future..being homeless doesn't even guarantee you a B & B for more than a few nights.

You were given notice mid December he wanted the property back, 5 weeks later you haven't even looked for another property because you say you are too busy.

..

Councils have an obligation to ensure children aren't street homeless so there is absolutely no prospect of the OP being tossed out of a B&B to go it alone, in case that is what you are implying. Those with dependents are much more protected in England than the single homeless who may struggle to secure a place in a hostel or similar, who get next to no help.

I don't believe the council will take into account any failure to apply for alternative accommodation from a prospective homeless applicant. It's a very much 'computer says' approach of fulfilling a certain criteria, well laid out national rules, and effort to secure alternative accommodation isn't listed on the Shelter website as part of this.

BigAunty

Deleted_User wrote: »

My next pay day is exactly on the day of my LL's illegal notice.
.

What do you mean 'illegal' notice? Did he only give it to you verbally?

A council will be keen to see a formal letter ending the tenancy in the prescribed way. They or Shelter will be able to advise you of the format/content in order to be legal.

A note on the Shelter website says that the council may negotiate with a landlord to try to prevent homeless. When you contact the council to tell them about your impending homelessness, see if that's a service they offer, that instead of you having to negotiate extra time in the property yourself, perhaps they will do this on your behalf?

Poppie68

Thanks BigAunty.....I should of put more than a few nights in emergency accommodation in the immediate area.
With that comment I'm just going off a friend who runs 2 B&B in Watford... she takes in the homeless from Central London most of the families have already spent a few days in an emergency B&B nearer to their previous home and then end up be sent to Watford. She runs 2 beautiful places and the placed families even get a cooked breakfast but she has known a large majority of them to be there for over 12 months.. even the Nicest place becomes a prison cell.
A little further up the road is a terraced row of B&B's....The fleas catch fleas...I would consider my worst enemy be housed in one of them though.:D




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Pixie5740

You don't need to leave on the date given on a Section 21. The Section 21 is just notice that the LL is starting the process of gaining possession of the property. If you don't move out when the notice ends then it's court and then eventually bailiffs. If it goes that far then you as the tenant will be liable for the court costs and the bailiffs. I can't remember exactly how much that is, at least a few £100 I think.

However, I see from one of your posts on the House Buying, Renting and Selling Board that your LL did not protect your deposit. This means the Section 21 is invalid and would be booted out of court. To serve valid notice your LL would have to return your deposit to you and then issue another Section 21. This would give you some extra money to help facilitate the move to another private rental.

Someone else has already suggested it and I agree, contact Shelter to discuss your options.

[Deleted User]

Thanks for all the replies.

I have been contacting Shelter since December. They gave a caseworker, after discussing my case over the phone I sent her emails with copies of the tenancy agreement and LL's notice but she never replied back. I sent her other emails asking her to reply and nothing. I called Shelter many times asking for another case worker or to someone please get in touch with my caseworker and ask her to reply to me and nothing. Many times I can't get through to them because the lines are busy. I work in 2 jobs every day, I call on my breaks and I try to call in the evening when my daughter is distracted, but it is tricky.

I called the Council to check the progress of my application and they told me to go there in person for an interview. I am negotiating time off with my morning job so I can go.

I search for properties every single night. I send emails, I call the agents on my break. They always want to schedule viewings asap and the properties go very quickly.

The LL firstly gave me 6 weeks notice by phone, I pointed out the tenancy agreement stated 8 weeks and asked for a letter from him so I could present to the council. He sent me the letter (notice to quit premises) for 8 weeks.
I know that I am entitled to stay (provide I keep paying he rent) until possession order or bailiffs. But I know this causes inconvenience to the LL and will impact on any reference I need from him…this will make even harder for me to find a place.

I am resigned to the fact I will have to rent privately again and probably even have to downgrade to a one bedroom. I would rather do it then go too far because my 2 jobs are going very well and are very local. I don't have family (a part from my daughter's father who also is local), so this community here is a helpful net for me with many neighbours and friends. If I move further I will have to commute every day for my daughter's school and jobs (if I change her school, the school run will be impossible unless I give up my jobs). I don't drive.

[Deleted User]

Oh, I live in a more or less nice area in London but in the poorest, cheapest part.