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Served Section 21 notice and can't get new tenancy due to IVA

New_to_Avon
Posts: 47 Forumite


Hi,
I've been in my current rental for almost 6 years. I moved here when I left my husband and have since divorced. I was left with debt from the marriage (it was the reason why I left) and I ended up in an IVA to resolve this. I am now debt free and the IVA was discharged in Dec 2020.
Last week my Landlord served me a Section 21 no fault eviction out of the blue. I am not in rent arrears and have been a good tenant.
I have spent the week looking for new properties to rent, I am not yet in a position to buy. Everyone is telling me that the IVA, although discharged, is still an issue and I won't pass referencing, despite earning a very good salary and having rented for 10 years or more with no missed rent.
I wasn't looking to move yet, for exactly this reason, I knew this would be the case.
I have a disabled son in primary school, this adds to the complication. I have no family who are in a position to act as guarantor and the letting agents have all said they won't accept a company to act as guarantor.
Has anyone been in this situation? My landlord is effectively making me homeless, as I sit here now I really don't know what options I have. All I've been told this week is no, no, no. It's so stressful.
Any help would be great, I've tried to share all the pertinent points.
I've been in my current rental for almost 6 years. I moved here when I left my husband and have since divorced. I was left with debt from the marriage (it was the reason why I left) and I ended up in an IVA to resolve this. I am now debt free and the IVA was discharged in Dec 2020.
Last week my Landlord served me a Section 21 no fault eviction out of the blue. I am not in rent arrears and have been a good tenant.
I have spent the week looking for new properties to rent, I am not yet in a position to buy. Everyone is telling me that the IVA, although discharged, is still an issue and I won't pass referencing, despite earning a very good salary and having rented for 10 years or more with no missed rent.
I wasn't looking to move yet, for exactly this reason, I knew this would be the case.
I have a disabled son in primary school, this adds to the complication. I have no family who are in a position to act as guarantor and the letting agents have all said they won't accept a company to act as guarantor.
Has anyone been in this situation? My landlord is effectively making me homeless, as I sit here now I really don't know what options I have. All I've been told this week is no, no, no. It's so stressful.
Any help would be great, I've tried to share all the pertinent points.
Work in Education Full Time :j
1
Comments
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apply to apply to the council. With a disabled son you could be sufficiently up the priority list that they do provide housing for you.I'm a Forum Ambassador on the housing, mortgages, student & coronavirus Boards, 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.1
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silvercar said:apply to apply to the council. With a disabled son you could be sufficiently up the priority list that they do provide housing for you.No reliance should be placed on the above! Absolutely none, do you hear?0
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I've never been in social housing, I'm privately renting. Do you think I would qualify?Work in Education Full Time :j0
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GDB2222 said:silvercar said:apply to apply to the council. With a disabled son you could be sufficiently up the priority list that they do provide housing for you.
Her courage will change the world.
Treasure the moments that you have. Savour them for as long as you can for they will never come back again.0 -
FreeBear said:GDB2222 said:silvercar said:apply to apply to the council. With a disabled son you could be sufficiently up the priority list that they do provide housing for you.The starting point is to contact the council now, to get their advice. That will probably be not to move out until the landlord has obtained an eviction order from the court, which will be several months after the S21 notice expires.It’s all very stressful, I am afraid.No reliance should be placed on the above! Absolutely none, do you hear?0
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That's the point I wanted to make. Do not move out unless you have another tenancy to go to until you have the actual warrant as the council would say you were intentionally homeless if you had tovapply for help.
There are several reasons why a s21 notice may not be valid and getting someone like Shelter to take a look at it would be a good move.
If your IVA was discharged in Dec 2020, when did it start? 2015? If so it would have dropped off your file in 2021 so could not possibly affect any credit check directly.
Now you may be asked questions such as have you ever been bankrupt (no) or have you ever been insolvent (yes) but your actual credit file should be ok unless you have later issues. I suggest you check.1 -
Perhaps have a conversation with your LL and say you've done your best to find another rental but due to past debt you cannot find anything so will struggle to move out.
Perhaps your LL knows someone who needs a reliable tenant? It's in their best interest if they want you to move out...
If the LL can't help then you just keep paying rent and wait for the LL to apply to the court to evict you then the council will be obliged to house you. This might end up being a B&B miles away though!Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)1 -
Go to the council they will assist you.
You might not get a council property immediately but will be on the priority list and will be in temporary accommodation first depending on your area and supply/demand.0 -
I'd also actually try viewing and referencing for private rentals. What agents say is just theoretical, but not all LL and even agents will have the same referencing critieria. On Openrent you have mostly private LLs who also may not apply the same 'computer says no' criteria as agents do. They might look at a good history of consistent income and consistent rent payments and take a view on that.
The council housing route will give long term security but short-medium term there can be a lot upheaval in temporary housing etc which could make the son's schools and support more difficult.0 -
I’ve just got a mortgage with Halifax with a recently completed IVA (off credit file) so surely it wouldn’t impact rental checks if it’s completed and off your credit file?1
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