The Council are looking to evict me after Mum died

KxMx

Velli said:

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. 

That will give you a good idea when it's visible. 
I was number 11 on my first bid.
I only ever went downwards after that, unless bidding on a bungalow when I was in the 30's.

elsien

Velli said:

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? 

A section 21 is really an invitation for you to leave with the option of them then progressing it to court should they wish to do so. The letter is to prod you into starting to take action now it doesn’t necessarily mean they will go to court unless you’re clearly not doing anything. so there isn’t any definitive timescales.

No they don’t automatically have to re-house you. If you don’t have any vulnerability or anything that makes you a priority need there will be an expectation that you should also be looking at private rental. 

Velli

elsien said:

Velli said:

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? 

No they don’t automatically have to re-house you. If you don’t have any vulnerability or anything that makes you a priority need there will be an expectation that you should also be looking at private rental. 

This is counter to everything Ive read so far including the councils own policy. Thank you nonetheless though

elsien

Well, it seems a bit pointless them going through all the effort of evicting you if they’re just going to put you somewhere else anyway? They might as well leave you where you are if that’s the case. 

Not questioning what you’re saying. Just pointing out that it gives the council even less incentive to evict you.

Although I would suggest that may depend on your individual councils wording. They do have an obligation to offer help to anyone at risk of homelessness. That help can be in the form of information. It does not have to by providing a roof of your head.

Don’t forget, you might have a helpful local councillor as well who can intervene because none of this is your fault. 

Ratkin007

Sorry for your loss.
With a succession you succeed to the tenancy and not the property.  You have confirmed that you have succeeded, therefore the council would have a duty to provide you with alternative accommodation and my understanding is that normal practice is to have a property available when going to court, in order that the judge will make the order without making you homeless.  However, the Council would look to work with you to rehouse you before getting to that stage. In terms of notice, in order to rely on the ground you specified (15a I believe), they have to serve the notice within that 6 month window.  It was no earlier than 6 months after death and no later than 12 months, however that was amended to date of death or date of notification following an individual deliberately hiding the death of a tenant.  If they fail to serve notice within the 6 month window then they cannot serve notice and you get to stay in the property.  Once they serve notice, they probably won't act on it immediately, especially if it is seen that you are engaging as they would not want to make things any more difficult than it needs to be.  Have you considered moving into separate 1 bed flats.  If you and your sister want to live separately that may be worth suggesting to the Council.  I am surprised they are saying a 3 bed is extensive for your needs because 1 extra bedroom was considered to be ok, however that was before the bedroom tax. 

Ratkin007

Shelter provides useful information 
https://england.shelter.org.uk/housing_advice/council_housing_association/downsize_smaller_home 

Velli

Ratkin007 said:

Sorry for your loss.
With a succession you succeed to the tenancy and not the property.  You have confirmed that you have succeeded, therefore the council would have a duty to provide you with alternative accommodation and my understanding is that normal practice is to have a property available when going to court, in order that the judge will make the order without making you homeless.  However, the Council would look to work with you to rehouse you before getting to that stage. In terms of notice, in order to rely on the ground you specified (15a I believe), they have to serve the notice within that 6 month window.  It was no earlier than 6 months after death and no later than 12 months, however that was amended to date of death or date of notification following an individual deliberately hiding the death of a tenant.  If they fail to serve notice within the 6 month window then they cannot serve notice and you get to stay in the property.  Once they serve notice, they probably won't act on it immediately, especially if it is seen that you are engaging as they would not want to make things any more difficult than it needs to be.  Have you considered moving into separate 1 bed flats.  If you and your sister want to live separately that may be worth suggesting to the Council.  I am surprised they are saying a 3 bed is extensive for your needs because 1 extra bedroom was considered to be ok, however that was before the bedroom tax. 

Thank you so much for your response. Interesting I thought it was at least 6 months after but reading the wording closely its within 6 months so I suppose I should expect one at any point within the next 4-5 weeks. We tried to make a case for 2 separate 1 beds but unfortunately only the succession applicant would get category A priority. What is the timeline of being sent the notice of possession before they take me to court? I assume as you said they will make me a direct offer? Is this before or after court proceedings?Just wanted to get a rough understanding of what the next 3-6 months looks like.

Ratkin007

I believe notice should be served after 20 Feb and before 19 August 2025 (which is the 6 month window). 

It is likely notice will be served just so they can rely on the ground.  Depending on what you want to do, it becomes a waiting game and it depends on how on the ball the Authority is. 

I am aware of 2 brothers who lived in a 4 bed parlour house (separate dining room) in a desirable area when their mother died.  They were given the option of separate 1 bed flats, however the Council failed to serve notice within the 6 month window so they got to remain in the property. 
I don't think anyone really knows the timelines for going to court, in addition it is not known if they would be acting upon the notice once served.  
I am also aware of another situation where 2 brothers were in residence and under-occupying however they had someone move in with them before notice was served and it was said, the notice could not be served.  I don't know full details of that case though. 
Not wanting to give false hope, but if the property is a standard 3 bed, I would be inclined to query why it is deemed to be more extensive than reasonably required unless, you are in receipt of benefits.