Eviction notice served

earwig

hi cant say much now as i have the kids to get ready but you can ask the dhs for a grant or loan for remove cost and also most councills do a deposit scheme where they will give lend the money for a deposit or you can ask dhss for a loan grant for deposit for a new home

the main problem with your situation is that you was adived to move into smaller cheeper acomondation and you didnt so that is where they are proberly getting the intenaonal bit from but the housing department should of adivised you better about getting loans and grants regarding moving cost

also the hb team will have a form you can fill in about how much your new rent would be and how much hb you would be entilled to you can do this before you take a new tenancy on

i know how you feel we are in rented and it never feels like home but most councill now are puting people back in to privte rented propertys even if they agree that you homeless they just give you the months rent money in adanacve (sorry about spelling )

if your letter dose not sway them then ask about getting help with re renting a private property good luck with it all

Fran

earwig wrote: »

... you can ask the dhs for a grant or loan for remove cost ...

Yes, the Social Fund - remember to ask for Community Care Grant/Crisis Loan before your outlay. If entitled you will need a couple of quotes for removal/storage expenses.

the main problem with your situation is that you was adived to move into smaller cheeper acomondation and you didnt so that is where they are proberly getting the intenaonal bit from

The size of present accommodation isn't a reason for making yourself intentionally homeless, it's to do with whether you could prevent the situation (eg. not paying rent would be seen as tenant's responsibility). In mot's case the landlord is selling up which she has no control over.

Re form for court, if you are seeing CAB or Shelter it would be useful to get help in the wording of it as they know the relevant info to put on there and how to word it. You will have to take it to the court yourself.

earwig

quote by fran The size of present accommodation isn't a reason for making yourself intentionally homeless, it's to do with whether you could prevent the situation (eg. not paying rent would be seen as tenant's responsibility). In mot's case the landlord is selling up which she has no control over. quote

i know what you are saying but from what i can make out the op has rent arears as the op couldnt aford to pay for the rent the councill adivcied op to rent a smaller property the op didnt so the councill are saying the op could of avoided this situation as she should of moved out into a smaller acomadition

as i said the op should of been adviced that the op could of seeked help with removing cost im not saying i agree with the councill but from what i can make out this is why the councill are saying that the op is intensionly homeless as she didnt follow there advice

so the fact the landlord has sold the property is not relivent in there eyes as she should of sought cheeper acomindation once the op knew they could no longer aford the rent

if the op had not got behind with they rent then they would have to rehouse the op as there is little the op could do to stop the sale of the house

the op needs to contact the housing deparment to find out why they didnt advice the op properly and to see if they would reconsider the op as it was not the op fault that the op was not awear of the help the op could get with remove cost

Fran

earwig, please can you make it clear that you are quoting me - (go to edit and put [ quote] at beginning and [ /quote] at the end (without space in)).

earwig wrote: »

i know what you are saying but from what i can make out the op has rent arears as the op couldnt aford to pay for the rent the councill adivcied op to rent a smaller property the op didnt so the councill are saying the op could of avoided this situation as she should of moved out into a smaller acomadition

The reason she is not intentionally homeless is that the landlord has sold/is selling the property (hopefully). If this is taken as the main reason for not having a home then the other reasons aren't relevant. She has rent arrears but there are reasons which will hopefully be accepted too - she was on SSP due to being off work and has back up from doctor. The council can't tell you what size of property to live in! She was originally working and paying the extra to make up the rent, the only thing affected by the extra room was that she would have got extra housing benefit. Maybe someone else can comment?

misspoppy

HI MOT

well done on staying with us you are doing a wonderful job protecting your twins. I don't really have any advice other than this point. As you have a boy and a girl there is an age where they have to have a room each for decency and I would think 11 is passed that threshold. For the council to advice you to get a smaller property what were they suggesting.

Just incase anyone is wondering £900 for a 3 bed house in her area is the norm we pay £650 for a 1 bed flat!

Good luck with the council and if I can be of any help please pm me I don't have any space to offer you but anything else I'll do my best.

OberonSH

Afternoon, MOT, just wanted to say you should be bloody proud of yourself love - with all that rubbish to deal with, I'm surprised you're not in the local secure psychiactric ward!!! You're obviously a strong, loving mother, and the ex husband should have been proud to be married to you! Not sure where you are, but if it's North Lincolnshire and there's anything we can do to help let us know.

As I recall when my ex husband moved out, he went into the local YMCA - not ideal, but might be worth a shot if there's one near you. He had a history of mental illness, and so his doctor was able to refer him. He was also able to claim an emergency fund, only about £50 but enough to sort out the minimal rent at the YMCA and get some groceries.

Worst comes to very worst, is there family you could move to? I know it means uprooting the kids again, but might be worth adding to the very bottom of the list.

floss2

Just a quickie - OP's have been kindly offereing accomodation on temporary basis, but PLEASE DO NOT say that you have somewhere you can stay, as the Counil may then say "OK, sort yourself out then" & not do anything.

I had HB for a 3bed, loung, dining room semi when me & my 2 DS's moved into private rented about 7 years ago - my kids were 12 & 14, but no-one ever suggested they should share & we should move to a smaller house because that house was too big.

earwig

[quote=mumoftwins=

Housing Benefits advised me to find smaller accommodation but this was not possible as Letting Agents informed me that I needed to be earning 21/2 times the rent payable; also, I did not have the funds to pay for removal fees.

I should also point out that the rent arrears would have continued to increase even if I had been able to utilise the Housing Benefit by paying it to the landlord. Because of the decrease in my income I could no longer afford to stay in the property. I did advise the Council of this in numerous telephone and written contacts in early 2007.



Yours faithfully[/quote]

this is the point i am going on about the fact that the op was adviced to seek smaller acomindition and didnt for the reasons we know this is where the councill are saying that it is intensonal also saying that the op knew they couldnt aford the property and continued to stay at the property implys that the op did not try to avoid the sitiuation that what the councill are saying not me

i live in private rented to and im not a million miles from hemel or st albans and know the rent for a three bed house is around 750 800 upwards depending on the area you go for unfortantly so will the councill know this and feel the op could of got more afordable housing

i know how hard it is to live in someone elses home not knowing how long you are going to be there for the councill wont house us as we are in suitable acomindtion even though i point out that oh has to work over an hour away just to earn enough to clear the rent and had a brakedown doing so iam not saying the councill is right to do this the op clearly needs help and although didnt follow the advice giventhe op should not be treated the way the op is beening i think iam getting misunderstood all im saying is thats what the councill are saying it could of been avoided but as i have said the op should use the fact that they councill did not advice theop on help with depoist and remove cost

floss2

Direct quote from Shelter's website:
If you didn't pay your rent or mortgage because of financial difficulties that were beyond your control, the council should not consider you to be intentionally homeless. This is especially true if you can show you did everything you could in order to save your home......

IMHO MOT has been badly treated & advised at all stages.

rog2

floss2 wrote: »

Direct quote from Shelter's website:
If you didn't pay your rent or mortgage because of financial difficulties that were beyond your control, the council should not consider you to be intentionally homeless. This is especially true if you can show you did everything you could in order to save your home......

IMHO MOT has been badly treated & advised at all stages.

'Badly treated and advised' to put it MILDLY floss. :mad: :mad: