Given notice on private let - homeless route with council procedure?

AB212

Hi,

This is my first time posting. I was after some advice regarding our housing situation. We have been privately renting for a few years now, been in our current house for 2 years, landlord has told us in a few months when contract renews they will be selling the house. We are absolutely gutted, we love the current house and are good tenants. I am now panicking as in the last year our two sons were both diagnosed with disabilities, I had to reduce my hours at work so now only do two mornings, my partner is full time but because of where we are (south east) our rent is topped up by housing benefit as our rent is very high. We also have a daughter and a dog and due to leaving work I have defaulted on a catalogue and have recently got a CCJ (I did offer repayment but they wouldn't accept and took it to court - as it stands I actually have been ruled to only pay half of what I originally offered but am up to date with repayments but now have a CCJ on my credit file) We are desperately going to try and find another private rented accommodation but I am afraid no one will consider us because of this.

We have spoken to the council who have explained about the procedure of being taken to court and then bailiffs to be considered homeless to then be eligible for a council place. Has anyone been through this before who could offer any insight into what would happen? Obviously if we cant find another private rent this will be our only option. Would this effect our credit rating furthermore? Would we have to pay court costs and if so does anyone know how much this would be? The thought of being evicted by bailiffs scares me and we also are worried what would happen to the dog. We also don't really want to take the landlord to court and drag it out but the council have said if we leave before when the notice states then we wont get help as we will be intentionally homeless. This seems crazy to me, that they take it to this stage, I suppose to put people off and make it as hard as possible for people trying to abuse it I guess.

theartfullodger

See here
http://england.shelter.org.uk/housing_advice/homelessness/guide/get_help_from_your_council_when_homeless
- for Shelter's excellent advice to be followed when you eventually make a "Homeless Application".

When you make that homeless application (no, not filling in a form to go on housing register) expect it to take a long time so take a book/paper, remain calm, polite. If they refuse your application ask for that decsion in writing (so you can then appeal.. the letter will explain how).

If accepted by council they may put you somewhere you & I wouldn't want to be - e.g. homeless hostel or a private let a long way away (hundreds of miles perhaps...)

Sorry this has happened.

However, a few points...
a) It sounds like Landlord hasn;t actually served you valid notice: Had any bits of paper headed "Section 21" or "Section 8"? (Don't ask landlord to give you one..).
b) Even if served valid notice it will take a long time to get you out - see likely times here, 40+ weeks...
https://forums.landlordzone.co.uk/forum/residential-letting-questions/77351-time-to-repossess-statistics
c) Just because a landlord sells a property does not end your tenancy nor require you to leave. Even if new owner is outside with a huge removal van, 2 bonkers kids & a screaming hubbie. The new owner merely becomes your new landlord. The new buyer may (unlikely but just may) be happy to keep you as tenants..
d) Landlords have been known to say "selling - you gotta go" when they have other plans.

Do nothing until you get valid notice. Probably nothing until court writes to you. This is eviction process...
https://england.shelter.org.uk/housing_advice/eviction/eviction_of_assured_shorthold_tenants

sevenhills

AB212 wrote: »

We also don't really want to take the landlord to court and drag it out but the council have said if we leave before when the notice states then we wont get help as we will be intentionally homeless. This seems crazy to me, that they take it to this stage, I suppose to put people off and make it as hard as possible for people trying to abuse it I guess.

two sons were both diagnosed with disabilities

Do they need any specialist help? Make sure that is on your housing application, it could make a difference.

AB212

Hi, no we haven't actually been served our notice yet. Basically our landlord has sold to another landlord at the end of last month so we thought we were okay and could continue on. They have somewhat now thrown a spanner in the works by saying actually they are looking to sell come after Christmas when our tenancy comes to an end, our old landlord was selling off his whole portfolio so I can only think they have got the properties cheap to then sell on and make a profit? There is perhaps a 5% chance they may change their minds and not sell but it is looking pretty likely. We have started to look at private rented anyway now because if we can find someone that would take us on we would give the months notice and leave, rather than risk not being able to find somewhere nearer the time. Just trying to be prepared and organised with three children and a dog to look after. The council route would be our last resort, I just wanted to try and find a little more about what it would entail, I know it wouldn't be great and we could end up somewhere truly awful, chances are we wont be able to take the dog either. Just trying to work out how it all works, would a family of 5 with two disabled children be made to go to a bedsit? Or would they try and place us straight into a house? Is it temporary etc? That way we can try and work out if we could get the dog looked after until we hopefully get placed somewhere permanent that may accept the dog or if it would be better to rehome her if we cant find anywhere and just trying to ease my panic by looking it all up and seeing our options!

AB212

They are both type 1 diabetic, not what I would class as a serious disability myself and not physical but obviously it is lifelong, they need injections daily and a fridge to store all there equipment etc which might go in our favour. Eldest gets high rate care and youngest son gets mid rate care and I also am classed as a carer for our eldest son. Although it is managed it requires an awful lot of organisation and work from me to keep it that way and is very time consuming hence why I couldn't continue at work - I am hoping as they get older they will need less input from me and I will be able to increase my hours again, but at the moment I cannot work full time due to care in the holidays etc as they need someone medically trained and a lot of support.

[Deleted User]

As a type one diabetic I am amazed you got any care at all lol.

I am not sure Housing will take that as a disability, diabetes tends to be a condition you live with rather than regarded as a disability. I hope you don't walk around telling your sons they have a disability? I realise diabetes is a huge shock, but really am puzzled at regarding it as a disability. It could affect how well they cope with being a diabetic. And yes, I have had extremely bad hypos and I still don't regard it as a disability. My diabetes is brittle, so I really do know the rough end of diabetes. Its still not a disability. It just means you have to be careful, do 30 second blood sugars four times a day, do injections which take seconds and eat a healthy diet. Hypos take a bit longer to deal with but its no where near 35 hours a week lol. If diabetes is such an issue you need to investigate insulin pumps with your children's consultant. They can even include blood sugar sensors. ASD is a disability because it affects so many different things like social functioning etc.

But that's just my view. I'd have hated it as a child if I'd have been regarded as disabled. i am very sorry if this makes you feel uncomfortable.

Please bear in mind that children can learn to do blood sugars and injections at a reasonably early age.., and can feel more in control of their condition. This is important for a positive adjustment. Attitude is all. I suspect (possibly incorrectly) that you are still in the 'diabetes is a huge massive adjustment that requires a lot of work to control it' phase. It definitely does need to be controlled but it doesn't and shouldn't take over your life, requiring hour after hour to do so. It should be a part of your life, not take over.

I was in your situation (with LL threatening to evict/sell for two years before he actually did). I have ASD (aspergers) as well as other things, my two sons both have ASD. I prepared in advance with up to date assessments and used these to prove it would cause harm to my kids to be in single room lettings emergency accommodation. I did go through the whole system, was placed in a maisonette as emergency accommodation and then I finally was given council accommodation permanently.

BUT it was extremely stressful and I do mean depressing, pulling hair out, wandering what the heck I was going to do now kind of stressful, many times (ask the poor people on here lol, they had to put up with my depressive rambles). You need to ask housing and look up your local housing departments policy on dealing with the homeless. Some (quite a few) councils will have a policy of putting you in B&B in another area (particularly if you live in an expensive area) and/or put you in a private rental in another area to save costs and then they will consider they have fulfilled their housing duty. However, if you husband has a job in the area that can be used as an argument to stop that. Sometimes however you have to move and then appeal.

Find out your local areas housing policy. Consider moving to a cheaper area, including changing jobs. I am sorry but it has to be considered an option. Emergency Housing is really stressful.

I am afraid I doubt very much that emergency accommodation would allow a dog. I had to get our dog looked after and then ask for permission to have the dog at the maisonette. I was only able to do this because we were placed in normal council accommodation as emergency accommodation, I was extremely lucky to be able to get permission. Its not a standard thing. I am sorry about that, its dreadful i know but the council only has an obligation to house people who are vulnerable, not dogs. We were very lucky.

TrickyDicky101

I suspect the care assistance is due to the age of the children? Also being Type 1 I know when I was first diagnosed (as a teenager) there wasn't any support other than the prescription drugs and regular outpatient care by the NHS. If it involves young children (and maybe pre-school) I can see it requiring a lot of effort though.

sevenhills

Diabetes does come under the Disability Discrimination Act, but its unlikely to give you any real priority in housing.

G_M

AB212 wrote: »

Hi, no we haven't actually been served our notice yet. Basically our landlord has sold to another landlord at the end of last month so we thought we were okay and could continue on. They have somewhat now thrown a spanner in the works by saying actually they are looking to sell come after Christmas when our tenancy comes to an end,

Not sure I fully understand, but if "landlord has sold to another landlord at the end of last month" then there is no need to worry.

You simply have a new landlod.

Then you say "they are looking to sell come after Christmas when our tenancy comes to an end,". Who?

The new landlord?It's hard to sell a property within 6 months of buying, as any new buyer will struggle to get a mortgage.

Or do you mean the current LL is now looking to sell after Xmas, and the sale to the new LL is not happening?

teddysmum

My son once rented a very nice terraced house, but was surprised,not far into the rental period ,to be told that he'd need to find somewhere else, as the house had been sold.


He was very surprised as no for sale notice had been posted and no one had viewed the property, but when he questioned this he was told it had been a closed sale to a relative.


Not knowing his rights he found somewhere else, only to notice a for sale sign ,the next week.


The landlord had lied (yet had seemed very pleasant, when I went with my son to view and they chose him from the applicants so far, even asking the letting agent to stay open so he could sign paperwork that day).


In retrospect, he saw my son coming as a youngster who would not know his rights and could be manipulated to rent until the house could be sold (The landlord had nicely renovated the house himself, so needed a short let, meaning the sale wasn't too soon after purchase) .

Comms69

AB212 wrote: »

Hi,

This is my first time posting. I was after some advice regarding our housing situation. We have been privately renting for a few years now, been in our current house for 2 years, landlord has told us in a few months when contract renews they will be selling the house. We are absolutely gutted, we love the current house and are good tenants. I am now panicking as in the last year our two sons were both diagnosed with disabilities, I had to reduce my hours at work so now only do two mornings, my partner is full time but because of where we are (south east) our rent is topped up by housing benefit as our rent is very high. We also have a daughter and a dog and due to leaving work I have defaulted on a catalogue and have recently got a CCJ (I did offer repayment but they wouldn't accept and took it to court - as it stands I actually have been ruled to only pay half of what I originally offered but am up to date with repayments but now have a CCJ on my credit file) We are desperately going to try and find another private rented accommodation but I am afraid no one will consider us because of this.

We have spoken to the council who have explained about the procedure of being taken to court and then bailiffs to be considered homeless to then be eligible for a council place. Has anyone been through this before who could offer any insight into what would happen? Obviously if we cant find another private rent this will be our only option. Would this effect our credit rating furthermore? - maybe, maybe not. depends if you pay the court order with-in 28 days. Would we have to pay court costs and if so does anyone know how much this would be? - £300ish The thought of being evicted by bailiffs scares me - why? Just pack everything up in advance, and literally hand the keys over when they come. and we also are worried what would happen to the dog - in what respect? . We also don't really want to take the landlord to court - well that's handy because you wont be taking anyone to court and drag it out but the council have said if we leave before when the notice states then we wont get help as we will be intentionally homeless. This seems crazy to me, that they take it to this stage, I suppose to put people off and make it as hard as possible for people trying to abuse it I guess.

No they do it like this because you aren't homeless and you wont be for quite some time.


Other people are homeless today, more tomorrow.


YOUR case doesn't need addressing for several months.