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S21 being issued and facing homelessness

2

Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    saajan_12 wrote: »
    Relax, the Section 21 is just notice of LL's intention, in itself it doesn't evict you. The process is
    - Section 21 notice (2 months)
    - LL applies for possession order
    - If S21 was 100% correct, a possession order will be granted by default. IF not, LL has to start again.
    - Possession order gives a date to give possession
    - Once that date passes, LL applies for bailiffs
    Bailiffs write to you and tell you what date and time their coming
    - Bailiffs visit and you actually have to leave - take essentials - you take everything.
    - Same day, you go to council taking the bailiff letter saying they have possession, you are homeless. Council will give you emergency housing
    - Contact LL few days later to collect bulk of your belongings- possibly, but that's often when HCEOs are involved ala Cant pay we'll take it away
    Sorry minor amendment
  • vansboy
    vansboy Posts: 6,483 Forumite
    Part of the Furniture 1,000 Posts
    Have alook in

    https://www.homeless.org.uk/search-homelessness-services

    There will be some support agencies, NOT letting agents, etc, but charities who will be able offer support and advice, to you.

    Not sure what your position is regarding any benefits, you are getting, but it's also worth doing the on line benefits checker, on ...

    https://www.turn2us.org.uk/

    It will let you know (anonymously if you desire) all the benefits you should be getting, PLUS links to additional support from other charities, or any grants you might be missing out on.

    And don't forget to make use of any food banks, that are in your area. There are a number of smaller operations, depending on where you live, but one big organization, is

    https://www.trusselltrust.org/get-help/find-a-foodbank/

    Try not to think landlord is putting you under lots pressure, as long as he follows correct procedures, it will work ok (ish) for you both.

    VB
  • Sahara74 wrote: »
    University accommodation is just for the academic year, usually 42 weeks and then you have to move out, so that’s not an option for me.

    The Accommodation Office should be able to advise on all types of housing, for example private and Halls rentals for Postgraduate students, who don't follow the Undergraduate terms.
    They are an EYESORES!!!!
  • saajan_12
    saajan_12 Posts: 5,330 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Comms69 wrote: »
    saajan_12 wrote: »
    Relax, the Section 21 is just notice of LL's intention, in itself it doesn't evict you. The process is
    - Section 21 notice (2 months)
    - LL applies for possession order
    - If S21 was 100% correct, a possession order will be granted by default. IF not, LL has to start again.
    - Possession order gives a date to give possession
    - Once that date passes, LL applies for bailiffs
    Bailiffs write to you and tell you what date and time their coming
    - Bailiffs visit and you actually have to leave - take essentials - you take everything.
    - Same day, you go to council taking the bailiff letter saying they have possession, you are homeless. Council will give you emergency housing
    - Contact LL few days later to collect bulk of your belongings- possibly, but that's often when HCEOs are involved ala Cant pay we'll take it away
    Sorry minor amendment

    Disagree.
    1. You'd get notice of leaving date from county court bailiffs, not from high court bailiffs. You don't know which this LL will get so its misleading to suggest the OP will be able to rely on this.

    2. Re taking possessions, the critical thing is having essentials (e.g. docs, medication, some clothes, phones/chargers) to ensure OP can get accommodation from the council and survive the first few days. A LL can't just dispose of property belonging to the tenant, but has to hold and allow them to collect, whether though an eviction or other end of tenancy.

    From my experience with evicting a tenant (county court bailiffs no HCEOs) they said their priority is to ensure legal possession is returned to the LL by removing people. Their standard advice was for the tenant to arrange to return in the coming days to collect the bulk of their belongings, and the LL would have to safeguard it for a reasonable period.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    saajan_12 wrote: »
    Disagree.
    1. You'd get notice of leaving date from county court bailiffs, not from high court bailiffs. You don't know which this LL will get so its misleading to suggest the OP will be able to rely on this. - High courts do not use bailiffs. They're called High Court Enforcement Officers - which I mentioned. rules (which have existed for a number of years now) require the tenant to be notified.

    2. Re taking possessions, the critical thing is having essentials (e.g. docs, medication, some clothes, phones/chargers) to ensure OP can get accommodation from the council and survive the first few days. A LL can't just dispose of property belonging to the tenant, but has to hold and allow them to collect, whether though an eviction or other end of tenancy. - Indeed and can charge for this.

    From my experience with evicting a tenant (county court bailiffs no HCEOs) they said their priority is to ensure legal possession is returned to the LL by removing people. Their standard advice was for the tenant to arrange to return in the coming days to collect the bulk of their belongings, and the LL would have to safeguard it for a reasonable period.


    Its much easier to arrange in advance than afterwards though, which is why I said it
  • System
    System Posts: 178,375 Community Admin
    10,000 Posts Photogenic Name Dropper
    Sorry to hear of your predicament.

    What age are the kids are they of school age or younger?

    Is your university degree a masters or longer term undergraduate degree. Universities are usually quite helpful.

    Must be difficult trying to raise 2 kids on a university grant/loan. Really isn't ideal if you don't have a part time job permanently to top this up.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Sahara74
    Sahara74 Posts: 6 Forumite
    edited 23 March 2018 at 10:46PM
    Financially I actually cope fine, and have a part-time job to supplement my student loan, but I!!!8217;m just worried that there is no way I!!!8217;ll be able to get the same type of house I live in now as I moved here when I didn!!!8217;t claim any benefits whatsoever. Officially now on paper I apparently can!!!8217;t afford to live here despite always paying on time, and have to state I'm on benefits which means I'm restricted to the type of house I can now rent. I won't be able to rent the same type of house I currently live in and have to rely on the council to rehouse me and feel like I!!!8217;ve been knocked back heavily (meaning no offence whatsoever to council tenants).
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Sahara74 wrote: »
    Financially I actually cope fine, and have a part-time job to supplement my student loan, but I!!!8217;m just worried that there is no way I!!!8217;ll be able to get the same type of house I live in now as I moved here when I didn!!!8217;t claim any benefits whatsoever. Officially now on paper I apparently can!!!8217;t afford to live here despite always paying on time, and have to state I'm on benefits which means I'm restricted to the type of house I can now rent. I won't be able to rent the same type of house I currently live in and have to rely on the council to rehouse me and feel like I!!!8217;ve been knocked back heavily (meaning no offence whatsoever to council tenants).

    What ever you rent you cannot ever guarantee that it will go on for ever. Eventually a privately rented house becomes part of an estate. The only way that you can get a rental property that is guaranteed to be available for a very long time is if you live in social housing.

    The problem you have got now is that on paper you don't have enough income to rent many houses. Unless you are renting student accommodation a private landlord is unlikely to accept the student loan as income because if you fail the course or leave that loan will end. That is the choice of a landlord just as it was your choice to give up work and go to university.

    So going forward you can try the university accommodation office and you can try your local council for landlords that accept people claiming benefits.
  • Sahara74
    Sahara74 Posts: 6 Forumite
    I understand what you’re saying, in that no rented property is forever and that everyone’s circumstances change just like mine did. I’m not disputing that and if we all had a crystal ball then I guess we would avoid such circumstances!

    The University is out of the question (already asked), and also looking at LL who accept benefits and putting my name down with councils.

    Still, it’s a massive shock to suddenly find yourself facing having to move when you are happy where you live and settled, with the kids settled in school and have friends here, no idea where you will be moving to, leaving work to go to Uni as you never thought you’d have to look for another house until after you graduate and now have to do just that. It’s still a shock and upsetting :-(
  • silvercar
    silvercar Posts: 49,967 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Still, it!!!8217;s a massive shock to suddenly find yourself facing having to move when you are happy where you live and settled, with the kids settled in school and have friends here, no idea where you will be moving to, leaving work to go to Uni as you never thought you!!!8217;d have to look for another house until after you graduate and now have to do just that. It!!!8217;s still a shock and upsetting :-(

    Stepping back, was the S21 valid. I assumed the 2 months notice was legitimate, but if you thought you would never have to look for another house until after you graduate, then maybe no.

    How long was the tenancy agreement for and when does (or did) it end?
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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