Problems renting with bad credit? Child?

GarethK

blue_monkey wrote: »

Gareth, do you have money to pay a huge chunk of rent up front? Does this make a difference to a landlord, if the rent is paid in this way?

We could do up to a month and a half for deposit, rent is always paid in advance anyway which again, we have.

paintpot

Hold your horses bluemonkey

Firstly, a CCJ is nothing to do with being a criminal. A CCJ stands for county court judgement, i.e. it is a civil matter and not a criminal matter so it had nothing to do with the police or having a criminal record. A CCJ in plain words is when you haven't paid for something that you should have, so failing to keep up with credit card payments, mortgage payments, rent etc. A CCJ will then show up on your credit history. A CCJ can only be granted by a court.

If you have been served with a s21, you will not and cannot get a CCJ but see below. The courts under a s21 HAVE to grant your mother/landlord possession of the property, they have no discretion, landlords issue s21's all the time, just because they want their property back, the tenant may not have done anything wrong at all and may not owe any rent - however, the landlord must have served the s21 correctly, if not the court will not allow possession. It works like this in a nutshell - landlord serves s21 requiring possession after a certain date, tenant either moves out on that date or doesn't, if tenant doesn't move out landlord has to reapply to court for possession of their property who will then order the tenant to move out within X number of days provided the notice has been served correctly, (if not served correctly landlord has to start again and serve new notice of two months), tenant can put in a claim for hardship and have that date extended or they ignore the date, landlord then goes to court re the hardship issue and pleads their case along with the tenant if all turn up and court makes another decision on how long the tenant can stay or not as the case may be, or tenant may ignore the date and stay put in which case landlord applies to court and appoints a bailiff to turf tenant out onto the street. If rent is owed the landlord can serve another a section 8 notice and then the landlord applies to court for non payment of rent then you could get a CCJ if they are successful.

If you get a CCJ, it can be very damaging to your credit history, but if you have paid your rent and only have a s21 then you won't get a CCJ.

That's the basics, HTH

blue_monkey wrote: »

Paintpot & Clutton - do you get a CCJ then if you get evicted through the court? So the council are telling we have to be branded as criminals for the next 6 years then? I have to confess that I am shocked by this. I don;t mean to sounds stupid or anything but I thought a CCJ was when you did not pay your bills and get taken to court for the money. Everything is fine and paid (and we are still going to be paying for as long as we are here) mum wants us out so she can sell. So we will get a CCJ for this then? I just learn something new every damn day. What effect will this have on us can I ask?

You know, I just wish I'd told my mother shove this damn place now. We agreed to do look after this place for her and slowly renovate after it for her as it was supposed to be for when she retired (shich is not yet BTW), it flooded and she did not have insurance, once in it was hard to get out without feeling bad and feeling like we would be letting down as she would not have had the money to pay the mortgage, get it fixed, etc... so we stayed, and stayed and in the end got priced out of the housing market in this area. And for our thanks we are now stuck with a) being homeless and probably in a hostel and b) getting a CCJ because we can't afford to move and the council won't house us until we have a, what I guess, is effectively a criminal record. Does that mean that as the S21 is in both my husbands and my names we will both get one? What is the implications of that long term? I can't even tell you how sick and upset that makes me feel right now.

GarethK

Makes perfect sense to me, paintpot! I understand a CCJ isnt criminal, it may just be that you moved house and forgot to inform someone of your new address (which is what happened to me!) but in a potential new tenancy, it may be seen as quite serious.

I will be going armed with copies of bank statements and wage slips tomorrow as proof of my income and show the arranged payments i have in place for my debts. I dread to think what would happen if i were bankrupt, there would be no chance at all!

paintpot

I assume the estate agent have nothing to do with the letting. As a landlord, I would not be happy with that level of distruction however, landlords don't tend do any checks on children other than maybe meet them and make a decision as to their conduct and whether they would rent to such a family. There is no way they would necessarily know the mental illness of your child unless they ask and you tell them. HOWEVER, landlords will periodically inspect a property and if they see such damage then they are not going to be happy I would suspect and could serve notice on you and if they don't, at the very least they will expect you to put right the damage or deduct the cost of repairs from your deposit.

blue_monkey wrote: »

Another thing Clutton and Paintpot, this is going to sound a bit daft but although you accept children, what about those with Mental Health Issues. My son has done lots of things here such as rip wallpaper off, draw on furniture, he has kncoked some holes in plaster on the walls, he is just very destructive and much as I would like to keep an eye on him 24/7 (and I do for most of the time) I do have to go to the loo and the like. However he has ruined the decor in every room here and this is why we were about to do a major redecoration when he starts school FT (the EA actually told us not to bother as the house has no heating and the people who move in will want to put it in and redecorating so it was fine as it is) however, most landlords would not be impressed by this and it is just one of the problems we have with him (along with many others) and he is just destructive. I am guessing this would have implications on everything would it. sorry to hijack your thread Gareth but as they were talking about it I thought I would ask. I guess this is another reason why council housing would be better for us as it is long term and we will have time to put right anything he destroys or ruins rather than having to get it done now. Time is not what it should be when you have a child you have to keep tabs on 24/7 and I cannot decorate when he is in the house for obvious reasons I guess.

blue_monkey_2

Ah, thanks Paintpot, sounds like perfect sense to me, I thought I had something else to be worried about in getting the CCJ because we had been evicted. Thank goodness. Thank you for explaining that to me. Council have told us that we have to stay put until eviction unless something else comes up in the meantime. I might all be irrelivant TBH, they are housing people with 120 points, we have (or should have when they get their act together, they have stated on their website what we should have been awarded yet we have not been given these,however, we wil argue this at a later date) if my son is awarded middle rate medical points it'll be enough to house us in a property rather than relying on emergency accomodation. does that make sense, their doctor is due in on 16th and I have a letter to send them (Special delivery) to ensure it arrives in good time and it outlines all the problems we have with my son, and these can be backed up by the school, so I guess it is just fingers crossed tbh, that they see we have a 'need' rather than a want.

you have set my mind at rest and also helped explain the process which has also helped a lot as I was wondering what happened when we got there and when we got the date. Apparently they are getting it fast tracked, this os just a term is it? Thank goodness for forums such as these where there are so many people to help. Thank you (and apologise again Gareth).

Gareth, please let us know how you get on this weekend won't you. I think the private landlords are the ones that will be of more help if they are happy with what you say. I've always been honest about it too, there is no point in lying, you only get caught out. About the council letting agents, yes, I found them on their website and the ones that I have called who have the properties have all said no. This is why I am so at a loss - especially so because I found somewher that was perfect for us and not too badly prices (I would have been able to work from there and so the extra money i earned would have covered the extra rent). Life is what it is for a reason I suppose.

blue_monkey_2

paintpot wrote: »

I assume the estate agent have nothing to do with the letting. As a landlord, I would not be happy with that level of distruction however, landlords don't tend do any checks on children other than maybe meet them and make a decision as to their conduct and whether they would rent to such a family. There is no way they would necessarily know the mental illness of your child unless they ask and you tell them. HOWEVER, landlords will periodically inspect a property and if they see such damage then they are not going to be happy I would suspect and could serve notice on you and if they don't, at the very least they will expect you to put right the damage or deduct the cost of repairs from your deposit.

Thanks again, yes, it was more because we was talking about things (the EA wife is my son's Teaching Assistant ironically) and I said we was putting the house right (and we had already started) and he explained that it would not be worth it - but this is different because it is mums house, we have maintained it to a high standard otherwise to what it was and as it was a shell when we moved in she was not that fussed about it. I guessed the money would come out of the deposit, it was more that, for example, he has kncokced some plaster off the front room wall in 9and yes, I cringe about it, I am embarrassed about it but he does not understand he is doing wrong) 3 places. Filling the holes then means we then have to do a total redecoration on the lounge and this is something we don;t have time to do with him being as he is. It was just a question really. My life just seemed to have been turned on its head since November and they are now shaking me until everything falls out of my pockets. It is just ncie to hear a landlords side of view. Thank you for your time.

GarethK

How bloody difficult is it to obtain your credit rating!!!!!!

I tried Experian last night and i've been trying since then until now to get a report and it says its unavailable, i've now paid Equifax for the same purpose and after paying for it, it gets to the final stage and you THEN have to call the helpdesk which of course, is now closed until Monday!!!! Already lost £20 quid and got no information!

paintpot

Sorry but I can't help on the council housing front etc, I know nothing about it TBH

blue_monkey wrote: »

Apparently they are getting it fast tracked, this os just a term is it?

I suspect your landlord (mum) has applied for accelerated possession - it basically means a quicker process for the landlord, the court if they are satisfied with the forms/s21 will grant possesion (as they have no discretion) but that's when you can apply for leniency e.g hardship as I mentioned before. The upshot is you will have to move out, the question is how much extra time you will be given and whether you hold on until the bailiffs arrive and whether your mum/landlord has the served the notice corectly.

I gather from your posts that you are on benefits, that would make it more difficult for you to find a private landlord and hence why councils advise tenants to stay put until they are literally turfed out on the street otherwise you won't be housed as you are considered to have made yourself voluntarily homeless. The system's all to pot if you ask me :mad:

No offence, but glad your mum is not my mum and you are not my tenant. It sounds like a headache all round

paintpot

Have you tried this with Equifax, it only costs two quid and it gives you a basic report by post


https://www.econsumer.equifax.co.uk/consumer/uk/sitepage.ehtml?forward=gb_elearning_credit14

GarethK wrote: »

How bloody difficult is it to obtain your credit rating!!!!!!

I tried Experian last night and i've been trying since then until now to get a report and it says its unavailable, i've now paid Equifax for the same purpose and after paying for it, it gets to the final stage and you THEN have to call the helpdesk which of course, is now closed until Monday!!!! Already lost £20 quid and got no information!

GarethK

Instead of starting a new thread i will ask here as it is the same subject.

It is possible i dont have a CCJ, from what i have read, but i really cannot find enough information about it.

Basically i got a letter after the company involved took it to court to obtain the debt, i never got a letter saying it was going to court so had no intervention at all. As i was not given a chance, do i technically still have a CCJ? I am really confused about all this, it came as a shock to me when i got the letter, but because the company didnt have my correct address they just went ahead anyway!

Gareth