Facing eviction and homelessness

GDB2222

Speaking as a landlord, you sound like a decent tenant. I would take you if you had a decent deposit to put down. You'll (presumably) get your deposit back from the current tenancy, and you have a chance to save some more up over the next couple of months.

I wouldn't worry too much about a credit rating, but I would want good references, and I would want evidence that you are making enough money to pay the rent and living expenses.

So, what's the problem?

BTW, I agree that the councils are making a difficult situation worse by making people go through possession proceedings. But that won't happen to you, as you can rent privately. Or is there another issue that you haven't mentioned?

Cheeky_Monkey

So, if as several posters have advised, letting agents do not see your credit score, then there's no reason why you can't try to find another private let, is there?

NYM

Perhaps you could approach your LL current Lettings Agency to see if they have another property you could rent?

They'll know that you've been great tenants.

theartfullodger

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

OK, couple and two small children...

........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. ...

Madam by all means make yourself homeless (actually, please don't do this..) but not your two small children.

You do realise that if you are intentionally homeless, only have a park-bench to stay on the council can (ie legally have the power), may & I say probably should take your children into care to prevent damage to the children caused by their parents fool-hardiness.

Madam, I beg you, please take the council's and Shelter's correct legal advice. There are aspects of British law I am unhappy with & disagree with but I've never made my children homeless because of it: Please don't.....

Planet1309

Guest101 wrote: »

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)

I disagree with the system, not yourself, I like to believe in a fair society and only treating people how you would like to be treated yourself, if the contract said I had to wear a pink tutu then I would:p

Nobbie1967 wrote: »

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?

I was told by our current letting agent that a default on my credit rating would mean no letting agent would take me on, however I'm now starting to doubt this with everyone's advice here

theartfullodger wrote: »

OK, couple and two small children...Madam by all means make yourself homeless (actually, please don't do this..) but not your two small children.

You do realise that if you are intentionally homeless, only have a park-bench to stay on the council can (ie legally have the power), may & I say probably should take your children into care to prevent damage to the children caused by their parents fool-hardiness.

Madam, I beg you, please take the council's and Shelter's correct legal advice. There are aspects of British law I am unhappy with & disagree with but I've never made my children homeless because of it: Please don't.....

I'm not a madam, I'm a male and you my friend are talking tosh


Thanks for everyone's advice, I'm starting to wonder from everyone's comments if I've been told incorrect advice from our letting agent regarding the credit check

Many thanks all

Cheeky_Monkey

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?

That was a tad rude IMO. You have been given good advice so if you choose to ignore it and carry on being hysterical, that's up to you

Guest101

Planet1309 wrote: »

I disagree with the system, not yourself, I like to believe in a fair society and only treating people how you would like to be treated yourself, if the contract said I had to wear a pink tutu then I would:p


I was told by our current letting agent that a default on my credit rating would mean no letting agent would take me on, however I'm now starting to doubt this with everyone's advice here



I'm not a madam, I'm a male and you my friend are talking tosh


Thanks for everyone's advice, I'm starting to wonder from everyone's comments if I've been told incorrect advice from our letting agent regarding the credit check

Many thanks all

You have been misled by the agent.

Artful was correct, if you make yourself homeless the council won't help you.

If your children are on the streets, the council has emergency powers to take them into care.

Planet1309

Cheeky_Monkey wrote: »

That was a tad rude IMO. You have been given good advice so if you choose to ignore it and carry on being hysterical, that's up to you

Please read the continued thread between me and guest;)

Lungboy

There's a time and a place for moral stands, and it seems to me that when your kids could be made homeless is not one of the better ones to choose. Fair play to you for not wanting to screw over your landlord , but you aren't, it's how the system works and what she signed up to when she chose to be a landlord.

RAS

Planet1309 wrote: »

I was told by our current letting agent that a default on my credit rating would mean no letting agent would take me on, however I'm now starting to doubt this with everyone's advice here.

Since organisations can only see your credit rating IF you give them signed consent; you will know if this is a problem.

Do you have any CCJs? Been bankrupt? That information is publically available.

You have been paying rent regularly, your LL likes you. Ask them for a decent reference that includes information on your payment history and explains the reason for wanting to sell up.

Then please have a chat with your wife; you will both manage this a lot better if you are sleeping well.

And remember that anyone anywhere in England can set up as an estate agent with no training at all.