Have been given notice

flick24

Hi,

We've just been informed today that an offer has been made on the flat we are renting, the landlady is dropping off a letter giving us two months notice, we can not afford the private rent prices in the area we live so we are applying to join the local housing register but from what I've been told they only help if you have been given a section 21 (is this the same as the 2 months notice)
Not sure what to do, do we just have to stay till formally evicted or do we have to leave at the end of the two months we are effectively going to be homeless, will we get help from the local authority or are we just meant to sit and wait, we want to move too but simply cannot afford the rent prices.

ripplyuk

I imagine the letter the landlady drops off will be a section 21. You don't need to leave at the end of that.

The council will expect you to stay until the court has issued a possession order, and probably until bailiffs arrive at the door to evict you. If you leave before that, they'll class you as intentionally homeless and won't help. When you say 'we', do you have children? Are you working full time? The council won't help everyone.

Could you move to a cheaper area if you can't afford rents where you are?

flick24

Yes I have a little boy, I'm starting new job next week, got son's nursery here so can't really leave the area spoke to friend who said I'll be put in temp accomodation but that could be anywhere.

[Deleted User]

Find out what your local authorities policy is with relation to homelessness.., what sort of accommodation they will place you in (many LA's place people in B&B accommodation or hostels), whether you will be classed as vulnerable (have children or someone with ill health in the application, if not they almost certainly won't help you). Check your local authority's website, they have to display their homeless policy online.

Your LL will have to issue you with a S21 which is a 'notice' that needs to be issued before whe can apply to court for a possession order. That takes two months. The possession order could take another month (it will include 2 weeks notice and may take longer depending on court waiting times), then she needs to apply for a bailiffs warrant (another two weeks at least). These are minimum times.

But this process usually has to be gone through before Housing will consider you homeless. Legally, they only have to consider you as a priority 28 days before eviction. Some councils move a bit faster, but they don't have to.

As said above, if you don't wait until the end, and want to apply for LA housing, you will be told you have made yourself voluntarily homeless. I'm afraid its a very unpleasant, stressful process. In my case, we didn't know for sure we had somewhere to go to until some hours after the bailiffs had come round. Even a week before I was sent a charming letter telling me to find another private rental and they'd give me a loan for the deposit and first month's rent up to the value of HLA in the area even though the housing officer himself told me private rentals were £1,100 a month (true) but HLA was only £750 so there was no hope of getting a private rental at all.

Also be aware that as part of the possession order and bailiffs warranty, the court will order you to pay costs within x days. In my case it was 28 days. I was able to ask the LL to take the fees out of the deposit. I believe its around £455 in total now.

ripplyuk

The council will provide emergency housing but your friend is right that it could be anywhere. And it may be just a single room in a hostel. The whole eviction process will also be stressful.

I understand that you feel you cannot move to another area, but keep in mind that the council could move you somewhere else anyway. Of course, this won't necessarily be the case. They might find you somewhere local, but the point is, it'll no longer be under your control.

Sorry you're in this situation OP.

flick24

I do have ill health at the moment, my son as well so hopefully should get some help, but how am I supposed to be able to start this job if I may be moved out the area. Its going to be hard but worth it in the end, the rent prices are ridiculous how anyone affords for people like me who work in average jobs. The average salary is supposed to be £24000, I'm on half that even working full time.

ripplyuk

You won't have to move for a few months, so don't put off starting the new job. Also, having a full time job there, might give you some leverage with the council to keep you in that area (no guarantees though).

Are you claiming all benefits you're entitled to? It might be worth doing a check.

flick24

Thankfully the job I'm going for has places all over so should be no problem transferring if needs be. Its just heartbreaking having built a life somewhere then to potentially having it all taken away, I've got medical letters and am involved with local support for mental health and victim support for recent crime that has been reported which is an ongoing case hoping this may help me. Never rains but pours lol

[Deleted User]

As you have a child under 18 they will have to house you.

Investigate your local authority's housing policy as advised above so you know what to expect and what you might have to fight over.

I was able to present reports showing both my sons have ASD. This meant I was able to move straight into a maisonette (as emergency accommodation) rather than go into single room hostel accommodation as I was able to prove this would not be good for my sons, and indeed, present some risks for them. This took time to arrange though so better start getting your ducks in a row now. The first question I asked housing was what happens if I am in need of emergency accommodation. I was told my council's policy is not to place people in B&B.., but this is unusual.

I believe if you have a job, and they move you to housing out of area you have to accept where they place you initially, then appeal the decision (if you refuse outright, then you are making yourself voluntarily homeless). But you need to check this.

I'm afraid in an overstretched system, information is your only protection.

FBaby

Look into every benefit you can claim, you will be entitled to tax credits. Lower your standard for renting, take what you can locally, tell yourself it is only for 6 or 12 months at worse. Put money aside each month to afford another move. Work hard and after a few months, look for other jobs that pay more. Then you can plan your next move somewhere you are happy.

This is certainly better than risking ending up who knows where without a job at all.

harrys_dad

As mentioned above you may be entitled to benefits, including housing benefit. This might enable you to afford private rental. Try https://www.turn2us.org.uk and use the benefit checker to see.