death in service and pension credit -AA

Uptonite25

hello and thank you for reading.
I am after some advice. My 75 yr old british mum got married and lived abroad for over 45 years and due to political unrest she had to return to UK. as she had no pension she is claiming only guaranteed pension credit and Attendance Allowance. She lives in a private rented bungalow and lived with her sister (who was working full time) and husband. we lost dad and auntie this last year and mum is now alone. As auntie was still employed we have been offered a death in service payout. I also rely on benefits as i have been caring for dad, auntie and mum for 3 years. Mum has now been told by landlords that she has 2 months to move out as they want to sell. The issue is that when we get this money it will put us over the threshold for benefits but It won't be enough to buy mum somewhere to live and she doesn't qualify for private renting as no income. Is there a way to put this money into a trust so mum can qualify for social housing?

itsthelittlethings

If it’s not enough to buy she can still apply for social housing. I think over 55s social housing is a bit easier to get but I don’t know where that leaves you. Otherwise can you not private rent and show the lump sum as proof of your ability to pay the rent?

Brie

Has she talked to Shelter about having to move out?  They will be able to advise her about what the landlord needs to do to make sure the notice is legit (many aren't) and what she can do to make life easier for herself.  

itsthelittlethings

Sorry - just realised I had assumed you were living with mum. If not she should apply to her local council for over 55s social housing asap.

Murphybear

itsthelittlethings said:

Sorry - just realised I had assumed you were living with mum. If not she should apply to her local council for over 55s social housing asap.

You don’t need to go to the council to get over 55s social housing.  We found  ours on Right Move 

itsthelittlethings

Murphybear said:

itsthelittlethings said:

Sorry - just realised I had assumed you were living with mum. If not she should apply to her local council for over 55s social housing asap.

You don’t need to go to the council to get over 55s social housing.  We found  ours on Right Move 

Oh really, rented? I wasn’t aware that was a possibility.

born_again

Uptonite25 said:

hello and thank you for reading.
I am after some advice. My 75 yr old british mum got married and lived abroad for over 45 years and due to political unrest she had to return to UK. as she had no pension she is claiming only guaranteed pension credit and Attendance Allowance. She lives in a private rented bungalow and lived with her sister (who was working full time) and husband. we lost dad and auntie this last year and mum is now alone. As auntie was still employed we have been offered a death in service payout. I also rely on benefits as i have been caring for dad, auntie and mum for 3 years. Mum has now been told by landlords that she has 2 months to move out as they want to sell. The issue is that when we get this money it will put us over the threshold for benefits but It won't be enough to buy mum somewhere to live and she doesn't qualify for private renting as no income. Is there a way to put this money into a trust so mum can qualify for social housing?

Good luck with them doing that.
She does not have to move out. They would need to serve the correct papers to court & go that route. Is not a quick process.. 
So do not let the landlord bully her out.

Newcad

born_again said:

Uptonite25 said:

hello and thank you for reading.
I am after some advice. My 75 yr old british mum got married and lived abroad for over 45 years and due to political unrest she had to return to UK. as she had no pension she is claiming only guaranteed pension credit and Attendance Allowance. we lost dad and auntie this last year and mum is now alone. As auntie was still employed we have been offered a death in service payout. I also rely on benefits as i have been caring for dad, auntie and mum for 3 years. Mum has now been told by landlords that she has 2 months to move out as they want to sell. The issue is that when we get this money it will put us over the threshold for benefits but It won't be enough to buy mum somewhere to live and she doesn't qualify for private renting as no income. Is there a way to put this money into a trust so mum can qualify for social housing?

Good luck with them doing that.
She does not have to move out. They would need to serve the correct papers to court & go that route. Is not a quick process.. 
So do not let the landlord bully her out.

I would be very careful here regarding just what the notice to leave is.

She lives in a private rented bungalow and lived with her sister (who was working full time) and husband.

It's difficult to pick out just who is who here, but that "lived with" sounds to me that the tenancy for the bungalow may well have been in the sisters name only, and if that is the case then the standard eviction process may not apply to others living there.

~~~~~~~~~~~~~~~~~~~~~~~~~~~
if 'Mum' was not a named tenant of the bungalow:

Then legally she may be what is known as an 'Excluded Occupier'.
That means excluded from protection under the Protection from Eviction Act 1977. (Not excluded from the property).

'Excluded Occupiers' are not protected against eviction and can be removed from a property without a court Posession Order.
See: https://england.shelter.org.uk/professional_resources/legal/renting/occupiers_with_limited_security/excluded_occupiers
And: https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/eviction_of_excluded_occupiers

~~~~~~~~~~~~~~~~~~~~~~~~~~~
If mum is actually a named tenant then it's different:

The last that I heard it was taking over 12 months after the notice has expired to actually evict a tenant.

A Section 21 Notice (AKA a 'No Fault Eviction' notice) has to be for at least a full month, and should end on the last day of a monthly tenancy period.

Getting such a notice does not mean that you MUST leave before then date given on the notice.

The notice is simply saying that the landlord WOULD LIKE you to leave by that date.

It is 'notice' that if you do not vacate before the date given on the notice then the LL intends to go to court to get a Posession Order.
(Whether they do actually intend to go to court or it's just an empty threat is often debatable, and one of the reasons why government are intending to abolish S21s later this year).

There are a lot of rules about S21's and Posession Orders, Landlords frequently get details of the applications wrong, so they get rejected by the court, and have to start all over again with a new S21 notice.
If a Landlord evicts before he has a Posession Order from the court it is an 'Illegal Eviction' - for which a Landlord can be jailed.

One the Landlord has a Posession Order if the tenent does not leave by the date specified on the Posession Order then he can go to court again to get permission to appoint Bailiffs to carry out an eviction.

As you can imagine even when the Landlord does everything correctly it can easily be longer than 12 months before they can actually remove someone from their property.

For more about the eviction process see: https://www.gov.uk/evicting-tenants

Murphybear

Murphybear said:

itsthelittlethings said:

Sorry - just realised I had assumed you were living with mum. If not she should apply to her local council for over 55s social housing asap.

You don’t need to go to the council to get over 55s social housing.  We found  ours on Right Move 

There are quite a lot of different rental firms for over 55s social housing