Being Evicted, Court Costs

[Deleted User]

Lived in private rental for four years. LL wants to sell, I need to find social housing (emergency housing). The LL has issued a S21, will get Possession order after this. I reckon I have three months at most. Saving what I can but it looks like this process is going to cost (I am a carer for two autistic children, one 19, one 9, limited money available).

I've never been in this position before, what happens in court as far as costs are concerned? How does the judge decide whether to award costs to me or the LL. Obviously this is not going to be an inexpensive time for me (will have to put furniture in storage, pay for removals etc, possibly more than once) so I am trying to figure out what I need to pay for. I'd be grateful to hear from anyone, LL or tenant whose been through this. What do I need to take to court with me? I don't intend to fight the possession as I can't afford the rent the LL wants to charge. Rents have gone up a lot in this area, he would still be charging low rent for area but LHA won't cover it.

Also, I gather instead of social housing I could be offered another private rental out of area.., I've worked hard and for some time to get services coming to my older son in this area.., It will be difficult to move out of the area.., what happens about this? Can I still be forced to move out of area if this is all that is offered? It will take a year to get the same services going in another area, if its even possible.

Please be gentle, this is not an easy time.

HappyMJ

3 months minimum...you could be there for quite a long time.

Attend court at every stage and request more time. The judge will likely grant you a bit more time.

You can be forced to move out of the area if you opt to take social housing.

If you can find another private rental in the local area.

If you have little money don't worry about the costs. They can't get money off you if you have none. My advice is to save the housing benefit payments ready for any move needed. You'll get a CCJ awarded against you and you can pay that is very small instalments.

theartfullodger

Sorry to hear this Deanna:

There is no guarantee of council or housing association property being made available to you. Dave changed the law whereby the "homeless" can be offered private lets of at least 12 months and just that offer (even if rejected) ends the council's duty to assist. In some areas (London, Slough... etc etc) they are being offered property a long way away and that currently appears to be legal: Sorry to be bearer of bad news.

STRONGLY suggest you go see CaB and/or a local Shelter office & see what they say about things in your area.

Are you on the council housing waiting list? If not, get on it, now!

NB There are 3 ways a council can "find" you housing...
a) A private let where they pay HB/LHA - you or they find the property..
ii) Housing waiting list: Usually waiting years, but perhaps in your circumstances quicker..
3) When you make a "homeless application".

Councils are often adept at confusing punters by steering them down one route only when others are more appropriate: Beware!


Best wishes & keep us informed.

[Deleted User]

Thanks, I have been reading Shelter's website about Homelessness. Dreading being offered private rental out of area and then having to start all these services up again (won't be easy). The website is a bit vague but it does say one of the grounds for objecting (you accept and then object) is that a move out of area will damage your kids health or something of the sort. That might be a way.., but no guarantees.

Council have already tried gatekeeping on me but thank god I checked with Civil Legal Advice and was told what they'd said would apply, didn't. Bad couple of weeks in between though.

I can see myself that the local borough has very few houses up for bidding on. I have made a housing application but am only band D right now. I'll go up to a C once a possession order is granted. My children's needs don't up the banding at all, according to the council. Don't get that one at all. Even band C is not going to get me into a council property from what I can see. Its rather worrying. I guess its another social thing that's falling apart. There must be more than one or two houses being given up a month., but that's all thats appearing on the list.

I can't with hold the rent. That's another (there's many, some of which I'm sure I'm not aware of) cause for finding you voluntarily homeless. I am supposed to be getting help from some housing charity but the worker I've been assigned didn't seem too clued up. Hoping I'm wrong cause its the only protection I've got. Civil Legal Advice did give me advice (good advice) but said they couldn't help me. No idea why.

Oh well, will get through this in as good a condition as I can.

I've no idea what will happen in court. Will I have to speak? I'm not going to object to the eviction, I can't afford the rent so this is going to happen one way or the other. I'd prefer it to happen before I get into debt, no way I can pay that kind of money off (rent arrears etc). There are discretionary housing payments but life being what it is, I'm sure my older son's DLA will take me just over the threshold., and they're only made for six months anyway, so its just delaying the process.

Its all rather scary. It'd cost the council thousands a month if my older son went into assisted housing and my other son was taken into care because I'm not here.., but the system just doesn't seem negotiable to keep a family together. At the moment I'm just trying to keep going, clinging to any scrap of hope I can. Feel dreadful that I've got us into this position but if I worked, things would have gone far worse for the kids, they needed my support. My older son wouldn't have gotten any GCSE's at all (he got 7 and I'm working hard to keep him in college in spite of the college not supporting him as they should).., now dealing with the same thing with my younger son's school. My older son is going into melt down daily because of what's happening in spite of my best efforts.

mrginge

HappyMJ wrote: »

... My advice is to save the housing benefit payments ready for any move needed. You'll get a CCJ awarded against you and you can pay that is very small instalments.

yes i second this advice. It's always a good idea to get into arrears and destroy your credit with a CCJ when you're hoping to persuade future landlords to let their property to you.

:doh:

[Deleted User]

I will always do my best to avoid not paying rent, its been a struggle but I've not eaten (and am a diabetic) rather than not pay rent already. I hate debt of any kind.

franklee

As far as I know it only gets listed for a hearing if the tenant puts in a defence, asks for more time pleading exceptional hardship or there are other complications. If all is straightforward, no defence and and the landlord's paperwork is in order, deposit protected, proof of serving prescribed information etc. then it'll just be an administrative thing for the courts. The costs will be awarded against you automatically. You should know what they are as they will be on the claim form.

IIRC if it goes as far as bailiffs you can be liable for that cost as well.

You really need to be saving like mad difficult as that is.

I can't see there are any easy solutions for you but if your current area is too expensive then maybe moving to a new area is the better thing. At least you will be able to get your younger son settled into a new school while he's still young and not facing exams etc.

Let us know how you get on.

bouicca21

((((Deanna))))

[Deleted User]

Franklee I did say I was saving. But while I budget effectively, I don't have that much coming in, limits what I can do.

When saying I should move.., you don't know how long it takes to set services up.., if the borough even offers them. I moved here because of the situation in the West Midlands.., and it led to chaos for quite some time. I'm finally getting somewhere. Took two years just to get my younger son diagnosed.

Moving to from this to another private rental just means another LL threatening eviction every time I don't jump the direction he wants (like when this one insisting I decorate the place from top to bottom, do repairs he should be doing etc,). And a lot of uncertainty as to how long I will be living there. With the potential of all this in another 12 months. Again.

The LL gave me presribed information when I first moved in, four years ago. There have been two TA's since then. Does this mean the S21 won't be accepted? Deposit has never been returned, no more prescribed information issued. The deposit is protected though. I have checked.

Going for social housing has no certainty of success, but the way things are going, its the only option for me. I may still end up in private rental, but I hope not. I can't willingly go into private rental after the last four years. Its not been good.

Marktheshark

If the Disabled Children live with you you qualify for A1+ priority .
You need to request a review of priority banding from the council.
Anyone with disabled children to care for that lives with them is given A1+ status
When you bid your priority status gives points.
A1+ is 95, standard is 5 points.
The highest bidder with most points get the home.

[Deleted User]

Council said I'd only got D band because we are presently in a three bed, so sufficiently housed. When I get a possession order, I'd only get a C band. I don't know, perhaps it works differently in different boroughs. I wish there was some way of checking up on this. Perhaps the person I'm seeing tomorrow will have an idea (although she didn't seem to have a clue about this borough when I asked her a few days ago, said she normally works in the next borough). Maybe its because my children aren't considered physically disabled, I don't know.

Someone two doors down was in same situation with a child with autism.., she had a possession order but was only ever given a C band.

But thank you., found http://www.edcm.org.uk/media/8104/disabled_children_and_housing.pdf

Contacted them, who knows, maybe they will know something that will make the council reassess the situation.