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

Pixie5740

You must get paid annual leave from work. Could you take a week off so that you're able to go and view properties at the drop of a hat since they get snapped up so quickly?

Mupette

check your spam junk mail folder of emails, you might find your caseworker hasn't ignored you but they are there instead

lighting_up_the_chalice

Deleted_User wrote: »

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.

S21 requires that the LL give you 2 MONTHS notice, not 8 weeks. If he has only given you 8 weeks, it isn't enforceable and the courts will dismiss it. He also has to deal with the deposit in an appropriate manner. If he has failed to do so, any notice served will be equaly unenforceable.

So, you have 8 weeks from when the revised notice was served, then another 2 months from when another revised notice is served, then ANOTHER 2 months from when yet another notice is served after the deposit has been dealt with.

Based on what you have already said, it will be well into the summer months before he can get anywhere near a court. From there, you are probably looking at late autumn before the bailiffs turn up, at the very elarliest.

[Deleted User]

Sorry if I am being thick but my brain is not processing the difference between 8 weeks / 2 months notice. Anyway it was done by phone call on 15/12/14, Then letter posted on 16/12/14, letter received on 17 or 18/12/14 (sorry don't remember exactly now) Notice end 15/02/15.

I tried to negotiate with no luck. He wants the property back by the 16th.
I have learned all the legalities re: notice/S21/Possession Order/Protection of Deposit and Prescribed Info, etc but looks like he doesn't know anything about it and didn't allow time to the right course of action…he assumed I would be ready to move out on the 15th as per his 'notice to quit premises' and made arrangements with the property from the 16th onwards.

I feel really bad and I don't want to cause troubles, it is a private LL and he has been always nice and reasonable. I have been looking and viewing a lot of places but people simply refuse me in the basis I am a single parent and receive some HB even though I am in paid work and I am also self-employed. They don't want to hear.

Shelter refuses to give me a new caseworker and I have no shelter email in my junk box. I have requested leave from work to go to the Local Authority.

I have already organised all the money needed to move out and I am thinking about asking for my deposit before I move out just to give me something extra…just finding a suitable place has been hard. Even when the place is available they won't let to me as apparently I am DSS.

Will call shelter yet again right now.

NYM

Deleted_User wrote: »

....I have been looking and viewing a lot of places but people simply refuse me in the basis I am a single parent and receive some HB even though I am in paid work and I am also self-employed. They don't want to hear.....

......

Why do you need to mention that you receive HB at all ?

When_the_going_gets_tough

Op I am not sure that the LL has served you with a valid S21 notice. When you see the council you need to make a homelessness application. This needs to be in the correct format. Make sure they either accept it or reject it in writing. If they reject it go and get some help form a local community law centre or CAB. The council will be overwhelmed with applications - you need to press them on this. You cannot afford to leave your property without having somewhere else to go. Ask the council at what point they will regard you as homeless if they reject your situation as it stands now.

[Deleted User]

NYM wrote: »

Why do you need to mention that you receive HB at all ?

They ask:
Who are going to live with you in the property, I answer: My daughter and I.
What is your occupation? I answer:_________ (two low paid jobs)
Any other source of income? I have to answer HB otherwise they know I can't cover the rent with my earnings only.

[Deleted User]

When_the_going_gets_tough wrote: »

Op I am not sure that the LL has served you with a valid S21 notice. When you see the council you need to make a homelessness application. This needs to be in the correct format. Make sure they either accept it or reject it in writing. If they reject it go and get some help form a local community law centre or CAB. The council will be overwhelmed with applications - you need to press them on this. You cannot afford to leave your property without having somewhere else to go. Ask the council at what point they will regard you as homeless if they reject your situation as it stands now.

I also think he didn't serve a correct notice. And he failed to protect my deposit which makes any notice invalid. But I explained to him I am finding it hard and I formally asked in writing for more time. He said no, he wants to take possession after the day my notice finishes.

When_the_going_gets_tough

The thing is he will not get a possession order from the court with the deposit not protected and serving the incorret notice. My guess is that the council will realise this and therefore not regard you as homeless until he serves the correct notice.
Get advice from CAB or a local welfare rights organisation but the landlord cannot evict you with out a court order so he may want to take possession but he has no legal right to do so if he has not served the correct notice, protected your deposit and obtained a court order and ultimately a warrent for eviction. None of this means that he could not evict you eventually but it will take several months I would imagine.

[Deleted User]

When_the_going_gets_tough wrote: »

The thing is he will not get a possession order from the court with the deposit not protected and serving the incorret notice. My guess is that the council will realise this and therefore not regard you as homeless until he serves the correct notice.
Get advice from CAB or a local welfare rights organisation but the landlord cannot evict you with out a court order so he may want to take possession but he has no legal right to do so if he has not served the correct notice, protected your deposit and obtained a court order and ultimately a warrent for eviction. None of this means that he could not evict you eventually but it will take several months I would imagine.

Thanks and I understand it.

But LL is pressuring me saying he is moving back with his wife and kids (I doubt, but who knows??) and he needs to take possession the day after he wants me out.
It seems that he doesn't understand anything about the law and always had tenants who complied with the 'notice to quit' so he is going to freak out if I don't move out.

I already told him in writing that it has been hard to find a suitable place although I accept the notice and want to move I need more time, I don't ave anywhere to go to... he couldn't accommodate it but I do hope he starts doing some homework because I don't want him coming here thinking he will collect the keys when in reality I will be staying put (hopefully not).

I don't want to create troubles or bad feelings, if I didn't have a child I could move anywhere. I have been renting properties since 2007 in three different countries…I have been single tenant, joint tenant with friends, join tenant with strangers, joint tenant with partners, etc, I am really not that picky, I have shared room many times too…but with a child things are different and I have to be mindful of the location as I don't drive and with the school run and work, commute could get really difficult.

I have absolutely anyone family wise, but my daughter's dad lives and works closed by, I have friends, neighbours and other mums at my daughter's school who can help in emergencies, etc…If I need to move to a very far away area, school run will be impossible and I will have to change schools, probably give up my jobs (and look for new ones), and loose all my network.

I know there is a possibility the council may house me far away…I heard they are sending people from London to Birmingham…that is why I still want to go private…but even if they offer me something reasonable further in the same borough, I can make a sacrifice to commute and then take driving lessons later on…being in a stable accommodation with a cheaper rent would be worth changing area.

Anyway I am (fingers cross) expecting some money by the end of the year. If all goes well, I will definitely invest in driving so I can become more independent.