break clauses and priority need/vulnerable adult and social housing?

faerielight

I'm asking because my housing agency is putting pressure on me to sign a "break clause" in my rolling tenancy.. it's my understanding that rolling tenancies have a 2 month "break clause "already.. my agency is saying my rolling tenancy ends on 18th dec, so it's looking like I'll be served with a section 21 soon.. I've not signed it yet, but they are putting pressure on me to sign it. I'm on band B but all the disabled flats go to band A. so in 5 years of bidding, I've not been housed.

I always understood that "priority need" was mental illness/disability and local connection but I'm being told from housing options that I'm not pregnant with no kids, I would not be classed as vulnerable in priority need..therefore if I become homeless, all they are likely to give me is a B and B, miles away from my life here, and have to give my beloved cats away, neither of which I would survive, psychologically.as they are my tiny quality of life.

I am mentally ill, physically ill, attend a personality disorder mental health service, have a care agency that I like for my daily physical care,have a life threatening condition that needs ongoing surgeries, and I've been told that no one else appart from my surgeon would risk operating on me, as it would be too risky, and at no other hospital bar my one, as it's a teaching hospital, they have a whole gastro team on hand.

but it doesn't seem as though any of that counts me as a vulnerable adult in "priority need" and I'm terrified of being made to leave the area I've lived the whole of my adult life, and my support system.. Can anyone shed light on any of this, I'm feeling very insecure and very vulnerable.

Pixie5740

I asked this in your previous thread but I'm not sure you saw it. You keep saying you have a periodic tenancy but also say it ends 18th December. Are you sure it's a periodic tenancy and not a fixed term tenancy that you have?

They're not your letting agency, they work for the landlord and since your landlord passed away recently it is unclear who your landlord actually is at this moment in time.

https://forums.moneysavingexpert.com/discussion/5496697

faerielight

I havent read it yet.. im def on a rolling contract and landlord is stating tat ends o 18th dec but they still want me to sign a document giving him a break clause which i havent signed but a rolling tenancy has that anyway.. my landlord changed me to a different agency a month ago maybe thats why he wants me to sign it, but they told me a moth ago tat my old roling contract still stands , it is very confusing and they are not making things clear

G_M

A rolling contract, by definition, does not have an end date. It just rolls on, either week by week, month by month or quarter by quarter etc

A fixed term contract has an end date (that's what 'fixed' means).

So a Break Clause in a rolling contract is pointless. It's only of use in a fixed term, so that either side can end it before the fixed end date.

You need to confirm/clarify exactly what contract you have - meanwhile, sign nothing.

Do not take for granted what the landlrd, or agent, tells you about your contract. Get it out and read it! What exactly does it say? What dates are on it?

Pixie5740

I thought your landlord was dead? How can he have instructed a new agency from beyond the grave or did he do this before he died? Did you ever receive any written instruction from your landlord telling you to start paying the new letting agency?

If you pay your rent monthly then being on a periodic tenancy with an end date of 18th December makes no sense. Do you have a copy of your current tenancy agreement, not this new thing that this new letting agency wants you to sign? What is the start date on your tenancy agreement? Does it state that it is a periodic tenancy?

Do not sign anything from this new letting agency. A change of letting agent does not superseded your existing contract. In fact until you hear from your landlord (ouji board?) or the executor of his estate put the rent money aside until you have written instruction from your landlord, not a letting agent, telling you where you should be sending your payments.

kimplus8

faerielight wrote: »

I'm asking because my housing agency is putting pressure on me to sign a "break clause" in my rolling tenancy.. it's my understanding that rolling tenancies have a 2 month "break clause "already.. my agency is saying my rolling tenancy ends on 18th dec, so it's looking like I'll be served with a section 21 soon.. I've not signed it yet, but they are putting pressure on me to sign it. I'm on band B but all the disabled flats go to band A. so in 5 years of bidding, I've not been housed.

I always understood that "priority need" was mental illness/disability and local connection but I'm being told from housing options that I'm not pregnant with no kids, I would not be classed as vulnerable in priority need..therefore if I become homeless, all they are likely to give me is a B and B, miles away from my life here, and have to give my beloved cats away, neither of which I would survive, psychologically.as they are my tiny quality of life.

I am mentally ill, physically ill, attend a personality disorder mental health service, have a care agency that I like for my daily physical care,have a life threatening condition that needs ongoing surgeries, and I've been told that no one else appart from my surgeon would risk operating on me, as it would be too risky, and at no other hospital bar my one, as it's a teaching hospital, they have a whole gastro team on hand.

but it doesn't seem as though any of that counts me as a vulnerable adult in "priority need" and I'm terrified of being made to leave the area I've lived the whole of my adult life, and my support system.. Can anyone shed light on any of this, I'm feeling very insecure and very vulnerable.

Priority need does not go to people with kids or pregnant- I was placed in band b like yourself, band a is for crisis situations such as
Witness protection
Escaping domestic violence or sex trafficking etc.
You could be moved to band a if you have go/ doctor support but only once you have actually been served with notice and have an eviction date. The LA will do their best to give you a B and B in your area but may have to move you elsewhere if none available etc. They tell you 'worst case scenario' to try to get you to seek another home on your own.
Can you find another private let for you and your cats?? Or place the cats in shelter until you can have them with you again- just temporarily??
I'm sorry the council can help you better.:(

G_M

As pixie says, in your other thread (annoying you started a new one when so much relevant info is in the first!) you said:

I've never had any correspndance with my landlord, always through a letting agency, but he died recently and all these changes have been since then.

So who is now your landlord? Have the old, deceased, landlord's Executers contacted you? Or are the agency just putting your rent into their back pocket?

If you don't know, now is the time to write (yes a letter) quoting the Landlord & Tenant Act 1985 section 1, asking for the name and address of your current landlord to be provided to you within 21 days.

Keep a copy of the letter. If you don't get an answer, speak to the Private Tenancy Officer at the council (or similar) and quote the Act.

faerielight

my old landloprd is dead, his adult chil;dren have inherited it and changed the housing agency a month ago. This document has the landlords name and adress on it.. it says.. suplimentary agreement.. it says the parties desire to extend the principal agreement (periodic tenancy) the terms and conditions shall be the same as the principal agreement except as amended by this agreement. the term of the principal agreement shall be extended for a further period expiring on 18th december 2016. The rental is 700 pounds PCM.

Deed of Variation: 1: Break clause: the landlord shall be entitled to terminate this tenancy by giving notice to the tenant as follows: the period of notice being 2 calender months. the notice period shall expire on the last day of the tenancy and must be served in writing. Notice must be served in accordence with the tenancy terms and conditions.
the tennant shall be entitled to terminante this tenancy by giving 2 months notice..

that's the full document.

faerielight

soory [ixie.. yes I got a document a month ago saying my new landlords address and saying that my periodic tenancy still applied but I am to pay my rent to the new housing agency.. but now I have this other document which i havent signed yet. The new agency and my new landords housing pa are coming to inspect the flat this friday.. this is all the information i have.

I'm going to my new gp that I vchanged to recently today to ask him for a letter clarifying all my physical illnesses and siaabilties, all the srgeries I've had and my personality disorder and ptsd, plus an updated med ication summary.. I took the forms to be reassessed for banding to the council last week but it contained a letter from my old gp and an old patient summary.. they've added a few more psyc meds and some pain patches since then on top of the numerous meds I take so when i get those I will add it to the council reassessment forms.

surely if they do consider me priority need, for emergency accomodation once I've been served the section 21 and the landlord has applied for a possession order, how long do you ususually have before the bailifs evict you,? I'm panicking even more because it ends a week bewfore xmas and everything closes. also, if they do have a duty to provide emergency accomidation, surely it wouldnt be a b and b as my care agecny have said that they would not be prepared to provide care for me in a b and b.. sorry I am so terrified and this housing nighmare is shredding my mental health.,

G_M

So the 'old landlord' is now irrelevant. He is dead. You have a new landlord. Your new landlord has informed you they are now your landlord and instructed you where to pay rent.

So that is all in order. Stop referring to the old landlord who does not exist.

As for the proposed new document, it makes no sense.

You have still not told us what your original tenancy agreement says (dates, rent frequency etc). You say it is
* periodic
* has an end date of 18th dec
IT CANNOT BE BOTH. Which is it?

You also say the new document is to "extended for a further period expiring on 18th december 2016." But you said earlier your current tenancy is due to end on 18th Dec, so there is no extension!

Until you clarify these it is hard to advise you. However I suggest

* you explain to the LL when (s)he comes that you currently have a periodic tenancy, running month by month (rolling), and that continues till one side ends it. There is no end date
* since under the existing periodic tenancy, either side can end it when they want, there is no need for a Break Clause
* you are happy with the current periodic tenancy and don't understand why it needs changing
* if they give confusing explanations, ask them to write it down so you can discuss itwith your solicitor, care worker, parents, whoever - that will give you time to think and get advice. Do not sign unless you understand, and are happy.

The only change I can see that is worth considering, is a new fixed term tenancy for, say, 12 months that would give you security. Unless it had a Break Clause that removes the security and makes it pointless.

Pixie5740

If you go down the Section 21 route it can take months from notice being issued (correctly) to bailiffs physically removing you from the property. Councils shouldn't really let things get that far but due to a shortage of social housing they do. There's also no guarantee you'll end up in social housing either it might be another private rental which the council help you find.

Like G_M I'm still a bit confused as to what type of tenancy you have. I'm guessing that you currently have a Statutory Periodic Tenancy and the new landlord would like you to sign a new 6-month fixed term contract (but I could be wrong).

If you are finding this all a bit much then it might be a good idea to contact Shelter for advice: 0808 800 4444. Shelter could help you with both your current landlord and the council if you decide to go down the social housing route.