Need to be evicted to be homed by council?

JL2017

Hi,

I'm currently in a 1-bed house with my partner and 6-month old baby, privately rented, my landlady has told me that she will be serving me with a Section 21 notice as she wants to move into the property. I have a terrible credit rating as I was unemployed for a long time and am only back in a full-time job for the last year.

I don't want to cause my landlady any grief but I'm being told by the council that the only way that I can get a council house is if I refuse to leave at the end of the Section 21, and then be evicted by going through the courts. Then I'd have to be put into emergency housing until a house could be found.

Is this correct? It seems completely crazy? I have to leave the house, my landlord wants me gone but I have to deliberately refuse to leave?

Looking for advice!
Thanks

SuzieSue

Yes, that is the way the system works I am afraid. There are lots of other threads about this if you do a search on this forum.

Pixie5740

A tenancy can only be ended by the tenant or a court. A Section 21 is just notice that your landlord might go to court to get a possession order. That's the law and it's something your landlord should already know.

Council housing is in short supply. Even if you jump through all the hoops there's no guarantee you'll get a council flat. You could end up in temporary accommodation or the council housing you with another private landlord.

See G_M's Guide to Ending/Renewing an AST for further information.

Mossfarr

I doubt your Landlady will be surprised - she will probably be fully aware of the council policy and what needs to be done. Its not ideal for anyone but that's the way it is I'm afraid.
You could always ask her if she will ask around and recommend you to any other landlords she may know too.

Lioness_Twinkletoes

JL2017 wrote: »

Hi,

I'm currently in a 1-bed house with my partner and 6-month old baby, privately rented, my landlady has told me that she will be serving me with a Section 21 notice as she wants to move into the property. I have a terrible credit rating as I was unemployed for a long time and am only back in a full-time job for the last year.

I don't want to cause my landlady any grief but I'm being told by the council that the only way that I can get a council house is if I refuse to leave at the end of the Section 21, and then be evicted by going through the courts. Then I'd have to be put into emergency housing until a house could be found.

Is this correct? It seems completely crazy? I have to leave the house, my landlord wants me gone but I have to deliberately refuse to leave?

Looking for advice!
Thanks

Yes, you need to wait for the possession and then the bailiffs. In my LA you'd not meet the criteria for a council home and would be expected to find another private rental, although the Council would help.

JL2017

Thank you for your prompt and informed replies, i am having another meeting with my landlady tonight to see if we can work out some plan of action.
Lioness due to my past credit history i can't get a high enough rating to rent through an estate agent ( fail their checks) my guarantor is getting too old to be one and i wouldnt want to add that pressure to her anyway and finding private landlord that dont use estate agents is nigh on impossible. The council have offered to help with a deposit etc already but that doesnt help if i cant get to that point in the first place.

Red-Squirrel_2

JL2017 wrote: »

Thank you for your prompt and informed replies, i am having another meeting with my landlady tonight to see if we can work out some plan of action.
Lioness due to my past credit history i can't get a high enough rating to rent through an estate agent ( fail their checks) my guarantor is getting too old to be one and i wouldnt want to add that pressure to her anyway and finding private landlord that dont use estate agents is nigh on impossible. The council have offered to help with a deposit etc already but that doesnt help if i cant get to that point in the first place.

Are you aware that estate agents and landlords can't check your 'credit rating' or even most of your credit history. They can only see public information such as if you have CCJs or bankruptcies. If you don't have those there's no reason why they should know anything else about your credit status.

[Deleted User]

Look at your local council's housing policy. Some will only accpet a duty to house you even if you meet other vriteria such as having a child if you have lived in the borough for a very long time. With some its two years.

Prepare to have to pay the eviction court costs. I can't remember what they are for the possession order and bailiffs warrant but its above £400.

I went through this and it all seems insane but its what you have to go through. After 18 months we are now in permanent accommodation but it was a hellish process. Only people with no possible options would go through it - and it wasn't as bad for me in this borough as it can be for other people in other boroughs. However even my borough are proposing to place people in private rented accommodation instead of permanent social housing.

Rambosmum

JL2017 wrote: »

Thank you for your prompt and informed replies, i am having another meeting with my landlady tonight to see if we can work out some plan of action.
Lioness due to my past credit history i can't get a high enough rating to rent through an estate agent ( fail their checks) my guarantor is getting too old to be one and i wouldnt want to add that pressure to her anyway and finding private landlord that dont use estate agents is nigh on impossible. The council have offered to help with a deposit etc already but that doesnt help if i cant get to that point in the first place.

If your council have a 'bond scheme' (which it sounds like they do if they have offered help with deposit) they may have a list of private landlords they work with, who won't reference check you. Other alternatives is finding a landlord direct property, e.g. through gumtree or facebook - just don't pay any money at all until the you've seen the property, contract is signed and you are ready to move in (no deposit, reference fees etc).

theartfullodger

Expect to not be offered a council or housing association property but a private let, minimum 12 months, possibly a long way away.

Or a homeless hostel or homeless b&b:. Neither of which I'd want to be in.

Best bet is find your own private let.

Sorry, it's changes the government made.

Blakey74_2

Its how the system works unfortunately and why many private landlords will not rent to those who are in receipts of housing benefits etc.

Also whilst its the landlords only legal route to getting the property back there are charges involved which they may look to sue you for which may effect your credit rating even further.