Homeless next week. Landlord/housing advice please?

Jshepherd86

OK so I will try explain this as best as I can without confusing anyone.
In October, I received a letter that my landlord planned to increase my rent by 150 pm from 1st November . (periodic)
This was more than I could afford so I gave notice to end tenancy on the 1st, avoiding the new rent amount. I then set about finding somewhere with difficulty that would accept housing benefit where I wouldn't need a guarantor. I finally found one on 7th October, the landlady said it wasn't ready yet as she was still living there so I said I was needing to move out by 31st October ideally but could always put my stuff in storage and stay with family for a couple of weeks.
I went to view the house on the 8th and we agreed I would take it, handed over my deposit to secure it, told me to come back on the 10th to sign tenancy agreement as it was being drawn up by solicitors and she told me 1st December so I said I will just see if I could extend my current place for an extra month.
My landlord agreed and all was well. I set about looking for schools but obviously needed a copy if tenancy to actually apply for one.
I text her a couple of days before the 10th to ask if she still wanted me to come down to sign and she told me that the tenancy couldn't be drawn up til end of November/start of December when she moved out as it had to include the little things. I thought this would be a little late and i didn't want to move there and not have a school place for some weeks after so I asked if there was anything she could do like a basic thing to state tenancy start date, our names and address etc and I would cone down and pick up. she said no problem, but she would email it to me in the next couple of days. I heard nothing for 2weeks so I text her on 21st November about it- no response. I could see she was active on WhatsApp so I tried her on there. Message went through and she has been online since but not read or replied to my message. I text her on 24th (yesterday) on a different phone without saying who it was. She replied straight away asking who it was and her phone was playing up as my name wasn't showing up with my number so I tried calling. No answer then she text again asking who it was so I replied to say who it was and I wanted to to discuss the details of me moving in next week or to hand back my deposit money if it wasn't going ahead. She replied to say sorry, her daughter had been in hospital and she was confused as we had agreed for me to move in "around the 20th December", her daughter being ill had apparently delayed things too but she had not mentioned this before.
I explained that she had told me the 1st and I could no longer stay at my house as my landlord had already advertised for new tenants who are due to move in on 2nd December. She said she thought I was going to stay with family for a bit but this was before I extended my tenancy the extra month. I never would have agreed to move house especially in a new area away from friends and family just 5 days before Christmas when I'm a single mother to two small children. I also wouldn't have arranged and paid for my mail to be redirected there from the 1st, to have a new media contract with by start on the 1st, told the council there I was liable for council tax at that property from the 1st or arranged for new furniture to be delivered straight there on the 2nd if I was aware I wouldn't be moving in til the 20th.
I reminded her in my text of my request for a basic copy to apply to school two weeks previous and she has since gone silent and not replied to any further texts I made this morning.
I phoned the housing advice service for my council this morning as I will now be homeless next week but they just said I will need to rescind my notice to my landlord but can I do that and have any legal standing given new tenants have a contract to start next week? They said they would get a tenants advice service to call me about it but no idea when so I wondered if anyone has any advice for me now of what to do until then?
I feel like things aren't adding up and she is possibly scamming me but whether she is or not, I have nowhere to go. I don't want to be handed a council house as I can afford private rent with housing benefit to contribute but would still need the council to provide me emergency accommodation until I either find somewhere new or they can find a private landlord for me. I also need notice to get all my stuff put I'm storage now so can't keep waiting when I only have 6 days to sort it and work around my kids.
I'm completely in a panic!

HappyMJ

You haven't signed a tenancy agreement yet so can't expect the property to be available on the date you require it.

Unfortunately that's how things work. You sign the tenancy agreement first then hand in notice to end the tenancy on your existing property or take a risk the property will not be available. You don't set anything up until the day you move in.

There's many more reasons the property won't be available.

You did say you would live with family for a few weeks so why can't you do that now?

You will have to ring the furniture suppliers and delay the delivery.

She's not scamming you she's just not very professional.

You will not get emergency accommodation as you've made yourself intentionally homeless. You could stay on in your current property and pay double rent for 3 weeks or you could move in with family or you could move into a B&B for a few weeks.

thesaint

The council are incorrect, you cannot rescind your notice. By extending though, your landlord may have started a new periodic tenancy.

You do not have to move out of your curent property.

Depending what has been agreed between the parties, your landlord could sue you for his losses, and you could in turn sue your prospective landlord for your losses.

Guest101

You can ofcourse sue her for failing to protect the deposit....


and you have a contract, (not a tenancy) which she is in breach of, and can sue for loss.

Jshepherd86

I couldn't afford the rent they were asking so that's why I had to give notice so I didn't fall into arrears. When I extended my tenancy by another month, I had to do so at new rent but they agreed to take the extra 150 out of my deposit when I moved out.
I know we had no written contract but she told me the 1st, certainly not the 20th so I know I'm stuck as I can't force her to move out quicker.
I'm aware I will have to change delivery dates, this wasn't the issue. I was just stating if she had told me the 20th to move in then I wouldn't have arranged furniture and mail etc to start 3weeks before?
I was only able to stay with family for a couple of weeks in November, not December (and this was suggested before I managed to extend my tenancy) the family member in question is going away on the 2nd December and their house will then be unavailable. I have nobody else.
If I have not been scammed then why did she fail to respond until I text from another number and why has she not responded to me since? Every time I was in the area and asked if she was about to let my kids see the house or to measure up which she said I was welcome to do when we agreed on the tenancy, she completely ignored me. And why has she not followed up on her word of preparing something basic to give to the school and then has since avoided the subject altogether?

Guest101

Jshepherd86 wrote: »

I couldn't afford the rent they were asking so that's why I had to give notice so I didn't fall into arrears. -Not how rent increases work. When I extended my tenancy by another month, I had to do so at new rent but they agreed to take the extra 150 out of my deposit when I moved out. - That means you have a 6 month tenancy, congrats, you wont be homeless.
I know we had no written contract but she told me the 1st, certainly not the 20th so I know I'm stuck as I can't force her to move out quicker. - No but you can sue.
I'm aware I will have to change delivery dates, this wasn't the issue. I was just stating if she had told me the 20th to move in then I wouldn't have arranged furniture and mail etc to start 3weeks before?
I was only able to stay with family for a couple of weeks in November, not December (and this was suggested before I managed to extend my tenancy) the family member in question is going away on the 2nd December and their house will then be unavailable. I have nobody else.
If I have not been scammed then why did she fail to respond until I text from another number and why has she not responded to me since? Every time I was in the area and asked if she was about to let my kids see the house or to measure up which she said I was welcome to do when we agreed on the tenancy, she completely ignored me. And why has she not followed up on her word of preparing something basic to give to the school and then has since avoided the subject altogether?

You probably have been scammed.


Now go to court.

Pixie5740

When writing large chunks of text is helps others to read it if you use paragraphs.

As others have said, you don't have a tenancy agreement with this woman but you do have a contract. She seems to unilaterally moving the goalposts so ask for your deposit back and find somewhere else to live. Given the way things have been handled so far you probably don't want this woman as a landlord.

You can't just rescind the notice you've given on your current property. Your landlord would have to agree to it and as he already has other tenants lined up that's unlikely to happen.

You've just learned why you don't serve notice before definitely securing your next home the hard way. I do hope you manage to sort something out.

Get back on to the council if necessary although they might not help because you served notice rather than being evicted.

Jshepherd86

Sorry, I used paragraphs a much as possible on my crappy phone and when I had a lot to get down, I forget what I'm doing.
It's not like I gave my notice because I fancied moving though, I couldn't afford the increase they were asking and they wouldn't budge so I had to find somewhere else to live asap. I didn't want to have to uproot my kids and move somewhere completely new to us.
Guest101, what do you mean by that's not how rent increases work?

Jshepherd86

And how could I possibly take her to court when it's only my word against hers on the tenancy start date?

Pixie5740

You could have remained in the property without accepting the rent increase or giving notice. Your landlord would in all likelihood have served you with a Section 21 notice which would have eventually left you unintentionally homeless and the council would have had to help you. What's done is done though.

Do you have anything in writing from this woman you handed over a wad of cash to? Anything in writing about the tenancy start date even if it's just a text message?

Call Shelter to discuss your options with one of their advisers. I've always found them very helpful in the past.

tiger_eyes

Jshepherd86 wrote: »

If I have not been scammed then why did she fail to respond until I text from another number and why has she not responded to me since? Every time I was in the area and asked if she was about to let my kids see the house or to measure up which she said I was welcome to do when we agreed on the tenancy, she completely ignored me. And why has she not followed up on her word of preparing something basic to give to the school and then has since avoided the subject altogether?

She may well be stressed and/or incompetent rather than actively scamming you.