Facing eviction and homelessness

Planet1309

Guest101 wrote: »

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.

You are missing the point, I have been told a certain date by our landlady to vacate the property, I am not leaving by choice and would stay here if I needed to, what's setting a better example to my children? Leaving when told to or having bailiffs in our house physically removing us? I'll take housing advice from yourself but won't take advice on how to look after my children from Artful

Lungboy

Planet1309 wrote: »

You are missing the point, I have been told a certain date by our landlady to vacate the property, I am not leaving by choice.

You're missing the point, that's not how it works and yes you are.

Mojisola

Guest101 wrote: »

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 wrote: »

You are missing the point, I have been told a certain date by our landlady to vacate the property, I am not leaving by choice and would stay here if I needed to, what's setting a better example to my children? Leaving when told to or having bailiffs in our house physically removing us? I'll take housing advice from yourself but won't take advice on how to look after my children from Artful

You are still missing the point - if you leave after one month you will be making your family deliberately homeless and the council won't have to help you.

You could end up having no say in how your children are looked after if the council takes them into care.

If you ask for advice from the CAB or Shelter, you will get told to stay where you are now and let the LL go to the courts.

Planet1309

Lungboy wrote: »

You're missing the point, that's not how it works and yes you are.

The letter states the following, the way I read it was that I was being told to leave by a certain date?

Dear ,

As you know I have been attempting to sell the flat, I have now been advised by the letting agents that it will be easier to sell the property empty

I will require you to leave the flat on the 18th of April

I hope you have both enjoyed your time here and good luck for the future

Guest101

Planet1309 wrote: »

You are missing the point, I have been told a certain date by our landlady to vacate the property, I am not leaving by choice and would stay here if I needed to, what's setting a better example to my children? Leaving when told to or having bailiffs in our house physically removing us? I'll take housing advice from yourself but won't take advice on how to look after my children from Artful

If that is the notice your LL has given, it is invalid.

However upon reading again I suspect you will find it is a standard s.21 notice.

Your children do not need to know anything about it. However in my opinion teaching children about the correct legal procedure is a good thing.

Bailiffs will not 'physically remove you'. They will send you a letter saying they will come on x day. You can be packed and ready to go. Just taking the bailiffs possession warrant as proof.

That's fair enough, but on the legal points artful was correct, ie the council powers.

marksoton

Planet1309 wrote: »

You are missing the point, I have been told a certain date by our landlady to vacate the property, I am not leaving by choice and would stay here if I needed to, what's setting a better example to my children? Leaving when told to or having bailiffs in our house physically removing us? I'll take housing advice from yourself but won't take advice on how to look after my children from Artful

A date she has no right to insist on. And as it currently stands you do need to stay. Otherwise there wouldn't be an issue.

Planet1309

Mojisola wrote: »

You are still missing the point - if you leave after one month you will be making your family deliberately homeless and the council won't have to help you.

You could end up having no say in how your children are looked after if the council takes them into care.

If you ask for advice from the CAB or Shelter, you will get told to stay where you are now and let the LL go to the courts.

I understand what you are saying from a legal point of view but are you really telling me that the council won't put us up as a family but would be more then happy to take my children into care? Madness

Guest101

Planet1309 wrote: »

The letter states the following, the way I read it was that I was being told to leave by a certain date?

Dear ,

As you know I have been attempting to sell the flat, I have now been advised by the letting agents that it will be easier to sell the property empty

I will require you to leave the flat on the 18th of April

I hope you have both enjoyed your time here and good luck for the future

That notice, legally, is meaningless.

You can either:

Ignore it and get another 2 months, on top of this 2 months, + court and then bailiffs

Or advise your LL to issue correct notice

Guest101

Planet1309 wrote: »

I understand what you are saying from a legal point of view but are you really telling me that the council won't put us up as a family but would be more then happy to take my children into care? Madness

Yes. That is it exactly.

( it's also cheaper to house children - and they could be separated )

elsien

Try different lettings agencies. Ask what the credit reference will check before forking any money out for it. Get a good reference and tell them if you're not going to be claiming housing benefit.
Offer a larger deposit or rent up front. Get a guarantor.
If all else fails, do what everyone else is telling you and wait for the court order. I'm not a landlord but I know that's how the council system works. So it shouldn't come as any great surprise to your landlady if it comes to it.