The Council are looking to evict me after Mum died

Velli

Mum died on August 20th 2024 and we informed the council on the 27th of August. We were told that one of us could succeed the tenancy and this was granted in a letter on the 2nd of December 2024 on the provision we downsize as me and my sister are under-occupying the 3 bed home we've been raised in. We were given access to the bidding website on the 9th of January to try to find suitable properties however according to a recent FOI request the average wait time for Band A for a 2 bed room is 20 months. Where does this put us given that a notice to seek possession will be issued 6-12 months after we notified them? 

elsien

Slightly misleading title as no one is evicting anyone at the moment. 

Just bid and see what happens. An average of 20 months means that some people get places more quickly than that, and giving you a notice to quit doesn’t actually get you out - they would have to go to court to do that. If they can see that you are genuinely looking, they are likely to give more flexibility. 

KxMx

I'm sorry for your loss. 

Have you bid yet, and are you able to see where the system is placing you at the moment? 

Take the averages with a pinch of salt, there are so many variables, you will have extra points for downsizing which that FOI request might not take into account. 

I was band C but had medical points, the average wait was 3 years for Band C in the area I wanted according to the stats- but I was offered a property after 13 months.

When I bid the system put me at number 4. The bidding team then moved me to number 2. Number 1 then dropped out because they found somewhere else. 

If the end of the term is approaching you can talk to your housing officer and bidding department. They will have some discretion to use, they know you'll be leaving and they'll be gaining a 3 bed family home which are especially scarce. It is in their interests to get you somewhere. 

poppy12345

When I was placed into band B urgent medical priority I was told about 2 years. I was offered a property after 5 months and I only bid on 5 properties. The only difference for me was I couldn't see where I was on the bidding list. 

FlorayG

I've never heard of a council evicting someone who is clearly trying to secure a suitable alternative. They are not like private landlords. I think they've told you this to make you do something about it, which you can prove you are doing. I wouldn't worry, because your council know the supply of suitable smaller properties is short. Until I moved recently I had a single man living in a housing association 3 bedroom next door to me for 3 years after his wife and kids left him and he was still there, bidding on smaller properties, when I moved out

user1977

Moreover, if the council evicted they'd then need to help you find accommodation anyway as a homeless person. Far easier for them just to let you stay until they've allocated a downsized property to you. I presume you'd get priority over everybody who just have a preference to move rather than being forced to.

basketcase

Does your Council operate an exchange system?  If you and your sister could find a family in a 2-bed house who need a 3-bed place you could do a mutual exchange.

It would be a blow to leave the place you grew up - and I do sympathise - but it would relieve a stress that you really don't need as you tackle grief.

Velli

basketcase said:

Does your Council operate an exchange system?  If you and your sister could find a family in a 2-bed house who need a 3-bed place you could do a mutual exchange.

It would be a blow to leave the place you grew up - and I do sympathise - but it would relieve a stress that you really don't need as you tackle grief.

We are not allowed to take part in any house exchange Im afraid as the succession will be for a tenancy for a suitable property not this one.

Velli

elsien said:

Slightly misleading title as no one is evicting anyone at the moment. 

Just bid and see what happens. An average of 20 months means that some people get places more quickly than that, and giving you a notice to quit doesn’t actually get you out - they would have to go to court to do that. If they can see that you are genuinely looking, they are likely to give more flexibility. 

I see thanks. What is the timeline between being served a notice to quit and actually having to go before a judge? Also if they can see that I am actively bidding but coming short will they have to provide accomodation? 

Velli

KxMx said:

I'm sorry for your loss. 

Have you bid yet, and are you able to see where the system is placing you at the moment? 

Take the averages with a pinch of salt, there are so many variables, you will have extra points for downsizing which that FOI request might not take into account. 

I was band C but had medical points, the average wait was 3 years for Band C in the area I wanted according to the stats- but I was offered a property after 13 months.

When I bid the system put me at number 4. The bidding team then moved me to number 2. Number 1 then dropped out because they found somewhere else. 

If the end of the term is approaching you can talk to your housing officer and bidding department. They will have some discretion to use, they know you'll be leaving and they'll be gaining a 3 bed family home which are especially scarce. It is in their interests to get you somewhere. 

Thank you. We've bid for a couple however the bidding window is yet to close so we cant see where we are yet. 

Velli

FlorayG said:

I've never heard of a council evicting someone who is clearly trying to secure a suitable alternative. They are not like private landlords. I think they've told you this to make you do something about it, which you can prove you are doing. I wouldn't worry, because your council know the supply of suitable smaller properties is short. Until I moved recently I had a single man living in a housing association 3 bedroom next door to me for 3 years after his wife and kids left him and he was still there, bidding on smaller properties, when I moved out

Thanks for your response. They said in the leyyerthat they will serve a notice after 6 months and no later than 12 months. I heard they would be time barred to get us out if 12 months elapses. 

You will be required to move to more suitable accommodation and a notice of seeking possession will be issued in line with the 1985 Housing Act (Schedule 2, Ground 15a) before 6 months and no later than 12 months after the date of death (or notification of death) of the deceased tenant.