Being made homeless, council advice seems dodgy

Rambosmum

There advice is correct, but as you say, a bit immoral. It wouldn't be illegal for you to stay but would be stress for you and your landlord. If I were you I would speak with your landlord and discuss the possibility of getting your deposit back early, in order to pay a deposit on the next place - say a week before you move she could view the property etc and see if there is any damage. It would be asking for a good faith gesture on her part but if you've been good tenants and explain the option the council has given you (make it clear it was the council) she may be willing, it would be far more hassle for her to take you to court.

Alternatively, scrape together what you can and look for a landlord who isn't with a letting agent and see if they will let you pay half deposit now and the rest in instalments on top of your rent, I have known a fair few who will do this.

emlou2009

Funnily enough the council woman didn't mention us having to pay hundreds of pounds worth of legal fees!
I'm panicking as there's basically nothing available to rent even privately in the area even if we had the money. I would rather rent privately if possible as we get to choose where we go. The advice I got this morning made it seem as if I'd get several months by screwing over the land lord so plenty of extra time to save money.

tea-bag

Councils screw landlords with this advice all the time the law needs to change! It's good for the council it's good tenant not good for the landlord's. I saw on another forum council advising people not to pay the rent so they can save a deposit!

Rollinghills

I don't understand why the council want to write to your landlady to alert her that she did her notice wrong!!!

If the notice was not done correctly and your landlady went to court for a possession order there would be a high chance of the court ruling in your favour, thus buying you at least a few more months!

RAS

emlou2009 wrote: »

The deposit was secured with TDS.
According to the council she didn't issue the notice correctly, the lady I spoke to earlier said she would write to the landlord and send her a section 21 form, once she's filled in and sent that the time frame will probably be largely the same.

Please ask the Council NOT to write to the landlord. You wait for the court papers arrive and then tell the LL they got it wrong. That gets you a couple of extra months.

emlou2009

I've just phoned and left a message with a team member as she's on lunch at the moment. Hopefully she hasn't sent it already!

pmlindyloo

Are you receiving any housing benefit?

If you are then you can apply for the Deposit Bond scheme and/or a Discretionary Housing Payment for the deposit. Ask your council about this.

I also think it is a good idea to speak to your LL and ask what their plans are. There may be some way that can give you some extra time without having to wait for bailiffs/court order.

For instance, if they are selling they may be happy for you to stay whilst doing so (perhaps with a rent deduction for allowing viewings/keeping place tidy).

The council's policy is not illegal but certainly (IMHO) immoral. if you watch 'Can't Pay, well take it away', you will see that advising tenants to stay can cause huge problems for both tenants and landlords.

Certainly you need to start looking for somewhere else to live. Ask friends/colleagues/neighbours/look in local papers/local ads in shops for new accommodation.

You will have court fees if this is taken to court - something the council appears not to mention.

RAS

Phone back later and ask to speak to her directly and mention the court fees.

Council are not supposed to "gate-keep" but many of them do. And in your area it is likely to be even more of an issue; high demand and low availability.

dodger1

emlou2009 wrote: »

Funnily enough the council woman didn't mention us having to pay hundreds of pounds worth of legal fees!
I'm panicking as there's basically nothing available to rent even privately in the area even if we had the money. I would rather rent privately if possible as we get to choose where we go. The advice I got this morning made it seem as if I'd get several months by screwing over the land lord so plenty of extra time to save money.

Just keep paying the rent and at least the LL isn't getting screwed over with regard to that side of things.

emlou2009

No housing benefit.
We've money coming in, but it all goes straight out on childcare fees and rent and bills. I'm just keeping my fingers crossed now that she didn't go and send the letter to the landlord straightaway after I left earlier!
If I inform the landlord that the notice was wrong closer to the date we were given at the end of may, we'll get another two months and that's all we need.