Homeless soon! Help

ElizabethLondon

** Warming Emotional Post **
Sorry for the vent & my poor grammar (brain fog hitting me hard), i can't post in my wall, i don't want to worry my brothers, specially the wee (16yrs old) one is having a hard time 😪
My landlady asked me to leave my 8 years home (good tenant, always paid on time) last year saying she needs this property for her relatives (even tho she has at least 3 other full converted houses only in my street) After many months fighting with solicitors help (she never protected my deposit, therefore the notice 21 was invalid) we went to court for accelerated procedure for possession of the property a few weeks ago..
Judge was giving directions for witness evidence. However, whilst going through documents changed her mind in favour of the claimants. Judge reasoning was terrible, she bought all the landlady lies! and just based her reasoning in the latest tenancy agreement where it says "not deposit has been given" ignoring all proof that in fact a deposit has been given in 2008. She also dismissed permission to appeal.
We have til the 13th of April before she can apply for a bailiff's warrant 😭 and i am going through a massive fibromyalgia flare, m.e relapse and totally depressed.. Homeless application sent, we're eligible but can't stop crying...blaming myself for not being full time employed in a company, hate this illnesses, being disable and hate to see that justice is just a dream.. Can't believe she got away with everything! I wanted to appeal but solicitor says it's not worth it as the new judge will cover/agree with the previous one?! Also can't claim compensation for unprotected deposit as i don't have money for court fee and barrister.. It looks like i just have to wait til bailiffs kick me out of my "home" I'm feeling lost and scare..

FBaby

If she wanted you out, it was only a matter of time before it happened. That's the law of renting, no concerns over repair costs, but no warranty the place will be yours for as long as you want it.

You've managed to delay it by applying the law, why else did you want? That the judge said you could stay there for as long as you wished? Why didn't you use the extended time to look for somewhere else to rent?

I do sympathise for your situation, it's not nice to go through the process of having to look for elsewhere to rent, but your anger is misplaced. You shouldn't be angry with yourself, nor your landlord and certainly not justice. I do hope you find somewhere else soon to make it home, but don't make the same mistake confusing 'home' with 'your house'

mimi1234

Oh dear. That's awful.

But if you are private renting there is always a chance this would happen, as in they would want the property back.

Have you been to your local Council? They may ask what you have done to look for something else whilst this was all going on. Did you look for other private rented accommodation or apply to housing associations etc?

Good luck and I hope it works out for you.

Person_one

Sadly, this is the reality of private renting. You don't have to do anything wrong to get evicted, if the landlord wants their property back they can always have it after the hoops have been jumped through.

Regarding your health, do you need to pop to the doctors if you're feeling depressed?

You mention your brothers, do they live with you? Have you got somewhere to go after the bailiffs come or will you be going to whatever emergency accommodation the council offer you?

mildredalien

Sorry to hear you are going through this, it must be really worrying for you! Unfortunately as others have said there is probably little you can do about being evicted - it would have happened sooner or later.

Have you been looking into alternative accommodation in another rental property or with family/friends? What have the council said about rehoming you?

Also perhaps more importantly have you talked to anyone about how you are feeling? A sympathetic friend, your GP, even the Samaritans, it's always a good idea to chat to someone in person if you are feeling down or upset.

mimi1234

You have not explained if you are a parent of someone who is either under 16/18 (I can't remember the legislation off the top of my head)? If so, the Council will have to provide you with emergency accommodation whilst they investigate your circumstances.

Did you not contact them when your landlady wanted you out? They would have been able to advise you and maybe even get you on to their housing list, it's more of a bidding concept these days in most authorities.

Try and not worry too much. It's easier said than done, but don't get yourself too worked up. There are agencies out there who will help you, it might take time though.

AnotherJoe

I'm sorry for all your medical problems but it's quite astonishing to me that you appear to believe you have the right to force your landlady to rent to you in perpetuity. That is the gist of your post.

You could have spent several months looking for alternative accommodation instead of wasting money on a fruitless legal case, unless it was your aim to force an eviction so you could get accommodation from the council, which is a perfectly valid approach. But your rant does not give that impression.

Pixie5740

You never know, this could turn out to be a good thing. When renting privately in England & Wales you don't have much security. A landlord needs no reason to issue you with a Section 21 notice and there is no defence against a correctly issued Section 21. Fair enough your landlord didn't actually issue valid notice but sooner or later she would have got there. Once you are homeless (when the bailiffs physically removed you from the property) then the council has a duty of care to re-home you. Sure it will probably be in temporary accommodation but with a bit of luck you'll eventually be offered social housing with comes with a more secure tenancy.

As for suing because your deposit wasn't protected you don't need a barrister and if you win then your landlord would have to pay the court costs. You have 6 years (or is it 7) to sue her so you don't have to do anything about it straight away. Shelter have template letters you can use or if you prefer you could give them a call for some advice.

Cakeguts

I think it might be a good idea to have another think about all of this. The landlady didn't protect the deposit and you can't afford to get compensation. However if you had managed to get compensation for the deposit what you would have now is more money but you would still be waiting for the bailiffs.

The landlady would eventually have got the section 21 notice served correctly so who gave you advice to fight the eviction? If someone did give you advice about fighting the eviction you should be angry with them.

What you described was strange because you decided to try to fight being evicted. It sounds as if you didn't really understand what kind of tenancy you had? Make sure that you know what kind of tenancy the council or a housing association offers you and be clear about what you are obliged to do

ElizabethLondon

yes, we have been looking for a new property to rent but everyone refused as i can't work due severe illness and my brother is 16 in full time education. Landlords don't accept DSS.Also i know it's her property and we can't live here forever but she didn't serve a valid noticed, protected deposit or follow legal procedures.. She lied and thats why im upset.

ElizabethLondon

thanks a lot for your understanding and advice!