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Eviction notice served

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  • mumoftwins
    mumoftwins Posts: 2,498 Forumite
    Thanks RAS, are you my Mum in disguise???? I've just put the phone down from speaking to her and she suggested the same thing!

    So tomorrow morning: Phone Drs again
    Speak to Ward Councillor
    Write to MP??
    Contact CAB/Shelter Advisor again
    Christians Against Poverty - www.capuk.org
  • AGB863
    AGB863 Posts: 521 Forumite
    Part of the Furniture 100 Posts
    My experience of the homeless team here in walsall is that they are very reluctant to put anyone on the homeless list.

    There are a couple of reasons, the main one being that it becomes a statistic that they have to report to the government and there is extra expense that the council have to fund.

    We have over the last few years represented a number of people who become homeless due to none payment of rent and the usual trick is to say that you can not apply to be homeless until you are out of the property, but you are homeless once the eviction notice, ie the date you are told to be out of the property, has been served.

    You will have to stick to your guns with respect to why you did not pay your rent - otherwise they will not have to report the information to the government.

    By the way you are not a failure - keep looking at the bright side of things
    I am a debt counsellor working in the voluntary sector - we don't charge our clients for the work we do!
  • mumoftwins
    mumoftwins Posts: 2,498 Forumite
    AGB863 - thank you so much for that info! I hadn't thought of myself as a 'Government Statistic' but you're right I am. Thats it now I am going to fight this as hard as I can :mad:

    Thank you all - will keep you posted :T
    Christians Against Poverty - www.capuk.org
  • penguin83
    penguin83 Posts: 4,817 Forumite
    Part of the Furniture Combo Breaker
    Hi mumof twins just been catching up. Sorry to hear you are having such a horrible time with the council. I found some info on the link below from the community legal service direct website (its where the courts direct anyone who needs legal help) to do with housing and homelessness. They can also give you free legal advice if you qualify for legal aid (there is a calculator on their home page to see of you qualify) It may be worth a look.

    Dont forget once you receive your eviction date you can still apply to the court for more time to find alternative accomodation - its ultimately the judges decision but if you explain you have children and are waiting to be rehoused its another option.

    Good Luck and stay strong x

    http://search.clsdirect.org.uk/query.asp?lang=en&re=b&col=&ht=0&qp=&qs=&qc=&pw=100%25&ws=0&la=&qm=1&si=0&ct=1718848999
    Pay Debt by Xmas 16 - 0/12000
    There is something about the outside of a horse that is good for the inside of a man.
  • Thanks Penguin83 info really useful :T

    Off ti bed now to try and get some sleep, see you all tomorrow I hope :kisses3:
    Christians Against Poverty - www.capuk.org
  • HI
    Don't know if any one has told u this as have not read whole thread, but because you have children, the Council have a duty to house you while they investigate your homeless application. That accomodation may however be something like B&B but it may well be a flat or house. At first glance someone who has been evicted from a private tenancy for not paying rent could be seen to have made themselves intentionally homeless - BUT that is at first glance. I can understand why you got the advice you did today - HOWEVER they have to investigate your application thoroughly including all the reasons why you couldn't pay the rent - and that's why you need to get your self some proper legal advice to help you with that. Even if they found you intentionally homeless you can appeal against that decision. But you will be housed when your Landlord evicts you. Take care
    Grocery challenge July £250

    45 asd*/
  • I dont see how they can pre empt the decision of regarding you as homeless.Surely you have to complete the application then they have to consider it not consider whether you can fill the application in and pre empt the decision.
    It might not be a bad idea to get the support of social services, they are there to help.Splitting families up is only something they do as a very very last resort when it isnt in the childrens best interests to stay with their parents.Having their support might help with your application for housing, they can write a letter on your behalf too.The council will do everything they can to get out of giving you accomodation dont be fobbed off.You have been really strong up to now.I work with families and children and you havnt made yourself homeless you couldnt pay the rent because you were ill and your landlord was selling the property when you picked keys up.If you had have been able to pay the rent he still would have sold the property.You fight them girl for your twins sake.Good luck
  • Don't know what to say mumoftwins, been following your thread and hard to believe this is Great Britain in the 21st century, I have my fingers crossed for you and hope you get sorted soon. You're coping brilliantly and deserve a break! Take care.
    love and hugs
    IDA
    x
    I stopped smoking 25th June 2007
    STILL Never complacent but confident
    My debt is GOING DOWN!!!!
  • tallyhoh
    tallyhoh Posts: 2,307 Forumite
    Part of the Furniture 1,000 Posts
    I was just re-reading your initial post. It has just ocurred to me that you are not really "intentionally homeless" because you have not paid your rent.

    If your landlord has sold the property & wants you out, the rent arrears are irrelevant. Was your landlord granted possession on the grounds of your rent arrears or that he had sold the property?

    If he had intentions of selling the property & has now done so, then even if you had paid all your rent & on time then you would still be homeless.

    Just a thought.
    Tallyhoh! Stopped Smoking October 2000. Saved £29382.50 so far!
  • I am a friend of mumoftwins. Believe me she is a great mum and has been through & is still going through hell. She is not a sponger or waster but a really genuine, kind, hard working and intelligent lady. Your comments about the LL are spot on - the man is a mercenary pillock! Her debts & current situation are through no fault of her own. I wish I was in a position to help her more but I am neither financially able or qualified to fight her battles for her so feel pretty useless. All I can be is a good friend and offer kind words, caring support and be there whenever she needs me. I just wanted to thank you all for your kind words and helpful advice, which I know she appreciates. When she is finally out of her current address I will get her to update you all from my PC. Keep all those fingers crossed, pray to whoever you believe in and together we can all get her through this. She deserves better treatment than she is getting from officialdom. Better days are ahead MOT; they have to be.
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