Facing eviction and homelessness

Planet1309

Hi all,

Myself, my partner and two small children have been living in a rented flat for the last two and a half years, renting off of a private landlord

For the last six months our landlady has been trying to sell out property. She was recently adviced by the letting agent that it would be easier to sell it empty so has served us notice of two months (she only has to give us a month but has given us two)

The problem we have got is we are now unable to rent another property privately. My credit rating has taken a hammering since we moved in, mainly due to starting and running my own business. It's currently at 250 and classed as very poor so the agents won't touch us. I've never ever been even a day late on the rent but apparently this won't come into getting another place.

We registered on the housing list six months ago due to knowing we would be unable to private rent again but were classed as non priority so didn't get anywhere. Since receiving our eviction letter I have been on the phone to the council but have been told I will still be non priority until we are literally homeless.

What I've then been told I highly disagree with, both the council and Shelter (who I had a lengthy phone call with) have told me that if we leave at the end of our two month notice, we are intentionally making ourselves homeless and should sit tight until the landlady gets a court order and bailiffs to remove us. I find this morally wrong and will not be doing this, our landlady has been fully fair with us, never given us any problems and even given us an extra months notice then required. To make her have to take us to court and adding that extra pressure on the pair of us for something that is inevitable I feel it's unacceptable. Not only this but I run a local business and with our landlady also local herself, it certainly doesn't give a good impression. I have explained this to the council but have been told it's all I can do, if we do this then we will get emergency accommodation (my partner and children in a hostel for mothers and myself in an open house)

So basically to sum it up, the council won't help me unless I screw over my landlady and I can't rent privately due to my credit rating (I certainly won't be able to get a mortgage) and I'm two months time my family will be homeless

Both me and my partner are at breaking point and don't know what to do

Any advice would be highly appreciated

Many thanks

fairy_lights

What about your partners credit rating? Would you be able to rent with him as lead tenant?
Or try to find landlord who lets their property directly to save going through an agent.

[Deleted User]

Wow. Very sorry to hear of your situation and kudos to you for not screwing over your landlady. She seems like a nice person, would it be worth explaining your predicament to her and asking her to put off the sale for another 6 months? That will give you chance to get some financial advice and take some action on boosting your credit score.

Guest101

Planet1309 wrote: »

Hi all,

Myself, my partner and two small children have been living in a rented flat for the last two and a half years, renting off of a private landlord

For the last six months our landlady has been trying to sell out property. She was recently adviced by the letting agent that it would be easier to sell it empty so has served us notice of two months (she only has to give us a month but has given us two)

The problem we have got is we are now unable to rent another property privately. My credit rating has taken a hammering since we moved in, mainly due to starting and running my own business. It's currently at 250 and classed as very poor so the agents won't touch us. I've never ever been even a day late on the rent but apparently this won't come into getting another place.

We registered on the housing list six months ago due to knowing we would be unable to private rent again but were classed as non priority so didn't get anywhere. Since receiving our eviction letter I have been on the phone to the council but have been told I will still be non priority until we are literally homeless.

What I've then been told I highly disagree with, both the council and Shelter (who I had a lengthy phone call with) have told me that if we leave at the end of our two month notice, we are intentionally making ourselves homeless and should sit tight until the landlady gets a court order and bailiffs to remove us. I find this morally wrong and will not be doing this, our landlady has been fully fair with us, never given us any problems and even given us an extra months notice then required. To make her have to take us to court and adding that extra pressure on the pair of us for something that is inevitable I feel it's unacceptable. Not only this but I run a local business and with our landlady also local herself, it certainly doesn't give a good impression. I have explained this to the council but have been told it's all I can do, if we do this then we will get emergency accommodation (my partner and children in a hostel for mothers and myself in an open house)

So basically to sum it up, the council won't help me unless I screw over my landlady and I can't rent privately due to my credit rating (I certainly won't be able to get a mortgage) and I'm two months time my family will be homeless

Both me and my partner are at breaking point and don't know what to do

Any advice would be highly appreciated

Many thanks

1: Just to be clear she must always give you two months notice.


2: Credit ratings are completely made up numbers and not worth anything


3: Yes you are not homeless, you wont be homeless for quite some time. There are other people who are homeless today, tomorrow and so forth. You are not a priority


4: You would be making yourselves homeless as the LLs notice DOES NOT end the tenancy. the notice is (or should be, otherwise its worthless) intention to go to court to seek possession.


5: Emergency accommodation would likely be a b&b for all of you, rather than separate housing.


Just to sum up, you wont be homeless, because you'll have a valid tenancy. The LL has not done you any favours, he or she always had to give you two months notice.

Planet1309

fairy_lights wrote: »

What about your partners credit rating? Would you be able to rent with him as lead tenant?
Or try to find landlord who lets their property directly to save going through an agent.

Hi, thanks for your reply, I am the lead tenant (male) and whilst my partners credit rating is good, I am the one with the main income; We have been looking for a private landlord but just doesn't seem to be many about

Deleted_User wrote: »

Wow. Very sorry to hear of your situation and kudos to you for not screwing over your landlady. She seems like a nice person, would it be worth explaining your predicament to her and asking her to put off the sale for another 6 months? That will give you chance to get some financial advice and take some action on boosting your credit score.

Many Thanks for your reply, unfortunately she has retired so has been desperate to sell the flat for the last six months so think she is looking to sell quickly, many thanks

Guest101 wrote: »

1: Just to be clear she must always give you two months notice.


2: Credit ratings are completely made up numbers and not worth anything


3: Yes you are not homeless, you wont be homeless for quite some time. There are other people who are homeless today, tomorrow and so forth. You are not a priority


4: You would be making yourselves homeless as the LLs notice DOES NOT end the tenancy. the notice is (or should be, otherwise its worthless) intention to go to court to seek possession.


5: Emergency accommodation would likely be a b&b for all of you, rather than separate housing.


Just to sum up, you wont be homeless, because you'll have a valid tenancy. The LL has not done you any favours, he or she always had to give you two months notice.

I disagree with you on many points, one being that the landlady has asked us to vacate the flat by a certain date, I cannot just stay on as you suggest without in my eyes screwing her over (please read my original post) secondly our contract says one months notice, not two, lastly, feel free to come and tell my other half who is barely sleeping and worrying herself to death that we won't be homeless and everything will be ok because you say so, if credit ratings mean nothing what's the point in letting agents doing credit checks?

Nobbie1967

Have you asked the local letting agents what their credit checks consist off? I was under the impression that they just check for CCJs, bankruptcy and IVAs, not full credit scoring like a mortgage application. Is the issue that you need proof of income? May offering 6 months rent up front might be an option?

Guest101

Planet1309 wrote: »

Hi, thanks for your reply, I am the lead tenant (male) and whilst my partners credit rating is good, I am the one with the main income; We have been looking for a private landlord but just doesn't seem to be many about



Many Thanks for your reply, unfortunately she has retired so has been desperate to sell the flat for the last six months so think she is looking to sell quickly, many thanks



I disagree with you on many points, one being that the landlady has asked us to vacate the flat by a certain date, I cannot just stay on as you suggest without in my eyes screwing her over (please read my original post) secondly our contract says one months notice, not two, lastly, feel free to come and tell my other half who is barely sleeping and worrying herself to death that we won't be homeless and everything will be ok because you say so, if credit ratings mean nothing what's the point in letting agents doing credit checks?

You can disagree all you like, morally.


I've given you the legal position.


I'll reiterate it once more:


1: the LL cannot give notice for you to vacate, only notice that she is going to seek possession after a certain date.
2: your contract can say you must wear a pink tutu, it's not enforceable. By statute the notice is two months, a contract cannot weaken your statutory protection. Hence notice would always be at least two months.
3: If someone posts links to Deans thread, you will see I wrote the same thing there and that's how it happened. Feel free to show your OH this thread. However the only way you'll be homeless is if you leave the property voluntarily (which is, legally, what you are suggesting)
4: Letting agents don't do credit checks like you think they do. No-one sees your credit score anyway, it's completely made up to sell you products. But letting agents see only publically available data (like CCJs, Bankruptcy etc.)



The LL should treat this as a business and therefore know how to end a tenancy correctly (if not she has an agent who can explain it to her)

thesaint

Please get advice on whether the notice you received is valid.
If it isn't then get your landlady to serve a vaild Sec 21 notice. Double check.

Whilst you don't want to screw over your landlady, the system used in this country forces you to.
The reason I ask you to ensure you have a valid notice is because if it turns out in two months time that your notice isn't valid, your landlady has to start over again.
This is usually good news, but it appears you are decent, and want the best for all involved.

If you find another property in the meantime. then no harm.

marksoton

I think you need to be a bit more pragmatic.

And then begins by not assuming you'll be refused on so called credit checks...

ognum

Planet1309 wrote: »

Hi all,

Myself, my partner and two small children have been living in a rented flat for the last two and a half years, renting off of a private landlord

For the last six months our landlady has been trying to sell out property. She was recently adviced by the letting agent that it would be easier to sell it empty so has served us notice of two months (she only has to give us a month but has given us two)

The problem we have got is we are now unable to rent another property privately. My credit rating has taken a hammering since we moved in, mainly due to starting and running my own business. It's currently at 250 and classed as very poor so the agents won't touch us. I've never ever been even a day late on the rent but apparently this won't come into getting another place.

We registered on the housing list six months ago due to knowing we would be unable to private rent again but were classed as non priority so didn't get anywhere. Since receiving our eviction letter I have been on the phone to the council but have been told I will still be non priority until we are literally homeless.

What I've then been told I highly disagree with, both the council and Shelter (who I had a lengthy phone call with) have told me that if we leave at the end of our two month notice, we are intentionally making ourselves homeless and should sit tight until the landlady gets a court order and bailiffs to remove us. I find this morally wrong and will not be doing this, our landlady has been fully fair with us, never given us any problems and even given us an extra months notice then required. To make her have to take us to court and adding that extra pressure on the pair of us for something that is inevitable I feel it's unacceptable. Not only this but I run a local business and with our landlady also local herself, it certainly doesn't give a good impression. I have explained this to the council but have been told it's all I can do, if we do this then we will get emergency accommodation (my partner and children in a hostel for mothers and myself in an open house)

So basically to sum it up, the council won't help me unless I screw over my landlady and I can't rent privately due to my credit rating (I certainly won't be able to get a mortgage) and I'm two months time my family will be homeless

Both me and my partner are at breaking point and don't know what to do

Any advice would be highly appreciated

Many thanks

Op I feel for you I really do but

Having high morals is all very well when you have. Roof over your head, sadly whatever your moral attitude to remaining in the property after your term is up that is what you have to do.

Explain this to your LL and she will understand. You are in a position now where you have to work with the system, if your morals mean you cannot then your family will be homeless it's as simple as that.

Do what you need to do to keep a roof over your head.

StumpyPumpy

Sadly, the bottom line is that this is how the system works these days. Long gone is the time when the councils were massive property owners who could accommodate most everyone that needed a place.

You don't want to screw over your landlady: that is a very admirable sentiment, but who do you care about more, your landlady or the well being of your partner and two children?