We are being evicted, some advice please...... the date has arrived......

Careful_with_that_Axe

Hiya bm
I've PM'd you.
In the meantime I wish you sunshine, restful nights, laughter, hope for the future, support, friendship, hugs and the ability to fight to the end for the last choccie in the box

Careful_with_that_Axe

p.s. I mentioned somewhere else on here today, that when things get too much do what I do and imagine Jeremy Kyle in front of you and you are fully equipped with an assortment of blunt instruments

silvercar

Your siter told you the date? Have they actually been to court? Why weren't you at court to ask for 56 days? Sorry if I've missed info on this thread but I don't understand why you haven't been given more notice. HAve you seen anything in writing?

vivatifosi

Careful_with_that_Axe wrote: »

p.s. I mentioned somewhere else on here today, that when things get too much do what I do and imagine Jeremy Kyle in front of you and you are fully equipped with an assortment of blunt instruments

Funny you should say that Careful, I was just thinking how big a BOOOOOOO blue's Mum would get if she ever went on there . Not that I ever watch it you understand...

Good luck BM, you are an absolute inspiration the way you keep it all together even though you seem like you're climbing Everest with a boulder tied to your back and without oxygen. You're a real heroine, but even heroine's are allowed to give in, throw things at the wall and eat chocolate you know..

blue_monkey_2

Hi everyone,

Right, I have more info since earlier. Still nothing makes sense though and I am confused and empty, I guess I have to get packing anything that is surplus to being used this weekend.

No, I did not go to court, I had called them as advised, I know some of you find this hard to comprehend but I do not have people to look after my children at all, there were a couple of people who would look after DD but they were out today anyway so even just taking Ryan was not an option. I was not going to take Ryan to the court as I either have to have him running around or held/strapped down and screaming, shouting, hitting and crying - neither of which is acceptable, more so in that situation. I really don't have anywhere for them to go. No nannies, aunties, friends, etc... they are fine with me being there but on his own is different because they are worried they might have to restrain him or punish him (he hit my son's 6 month old baby on the head 2 weeks ago because he touched a toy, I cannot put my friends in that situation). Also, they won't stay with strangers, getting a cheap babysitter from a shop window is not an option I will ever, ever consider. You may find this difficult to understand but I don't do anything that cannot be done without having a Ryan in tow. I have 2 broken teeth, I've never been able to get them fixed (2 years now) as I cannot get to the dentist, I have a hairdresser who comes to my house as the only time I tried to take Ryan he rolled arond the floor and was covered in hair (don't even try and think about it - urgh!!). I used to have physio on my hip but I dropped out as I did not have anyone to care for Ryan if the appointment was not in school time and I had to keep on cancelling so I gave up on that. The list is endlss. I don't have anyone that helps me with him, no-one will look after him, no-one will offer. It is that simple. Taking him to the court was not an option. DD would have been OK with someone but Ryan would not have been, that is why I confirmed with the court and sent the letter and I asked them to consider us for the maximum time by letter and also on the online message service, I explained why in full, I explained about Ryans condition as to why I could not attend and I told them about the council and told the court it would give them longer to find us somewher rather than have to go to a hostel. It seems it totally fell on deaf ears.

The Judge told my mum that he would grant her possession in 14 days - both she and my sister (yes, this is the one who has been trying to get us OUT for years!!) then asked if he could give us more time, until mid May (which is 6 weeks), as we had nowhere to go. He said a definate No and they even pushed him to give us more time and he said No! Even they could not beleive it and that is the truth. The Possession Order is coming in the post so I'll probably get that on Monday now. Yes, they went to court, my mum took my middle sister with her as she understands it all better than my mum does. My sister called me from outside the court and told me what had happened, my mum called me tonight to apologise and ask what the council said as she could not believe they took nothing into consideration. I realy don;t think me arguing over it would have made a difference if the landlord could not even ask for the tenant to be given extra time. I told her nothing yet and that I am contacting my MP again. Everyone is astounded that they could do it in such little time.

I am just still very confused and very tired. I don't know whether I am coming or going. Do I pack and get my furniture out in 14 days time? Do I stay, what if I do? Will I get arrested? I am terrified. what will happen to the children if they arrest us for being here? no one has told us anything, least of all the council. I have the car if the worst comes to it but the thouht of living in the car - I don't know hat to do now and the council will not tell me anything. They will not tell me a single thing on what I do now, just that we will dicuss it at the meeting - which is seems is probably going to be the same day as the possession order kicks in. Does this mean we will not be able to leave the house or risk not getting in again? I have to go scout around for more information but I have just been trying to avoid it for today as just thinking about it has exhausted me.

I have written an email to the MP asking for his help in finding out what they are doing. I have a copy of an email in front of me from the counci to the MP it states that the court will 'probably give us 6 weeks so potentially they have 8 weeks to house us' so they have all assumed that we would get 6 weeks notice. Only we didn't, we got 2 weeks. And they are not going to see us for 2 weeks by which the possession order kicks in.

Thanks for listening, if you have any questions or advice then fire away as I am just shocked and don't know what to do. Thanks again. xx

PS. I had pie and chips for tea..... I was out of chocolate!! LOL!!

blue_monkey_2

OK, from Shelter website:

What is an 'outright possession order'?

If an outright possession order is given you have to leave the accommodation by the date given in the order. The date is usually 14 days after the date of the court hearing. However, if you are in an exceptionally difficult situation (such as if you are ill or have very young children) you may be able to convince the judge to delay this for up to six weeks. If you want to do this you should tell the judge about it at the hearing.
If you have not left once the date given in the possession order has passed your landlord can apply to the court for the bailiffs to evict you. It usually takes two to four weeks before the bailiffs come to physically remove you from the property, but you may only get a few days' notice.

This is what Mum has been granted, so this means we can still stay and not get in trouble. I know if I call about it today I am not oing to be able to speak, I'll just fall apart so I will give them a call tomorrow night. I am scared that they can give us just a couple of days notice and turn up and remove us. Oh well, something else to lose sleep over I guess. Maybe there will be something on the list tomorrow (due out on Friday but usually there from Thursday Lunchtime!)

squinty

Hi BM

I've not read all this thread, just the last few pages.

A few posts ago you mentioned the offer of a council house, but I was unsure if this was an ofser or something you were hoping to bid for. Can you clarify?

If this is an offer can you post some bits of the letter from the council - specifically do they refer to a section 188 offer? - or any other section numbers? or mention an 'Interim Duty'?

Have the council actually accepted that they have a responsibility to you? Do you have a letter that refers to a Homlessness Decision (may refer to the 1996 and/2003 Acts)?

Thanks

blue_monkey_2

Hi Squinty,

No, they are doing choiced based letting now, we did go and look at somewhere that came up on the last list (checked it was that one that was empty with neighbours and looked through windows) before 'wasting' the choices. It was not suitable for my son, one a very busy road with no path etc... and he has no road fear so not at all suitable so did not go for it. Apparently you don't get offers anymore, just 'choices'. That is what they keep on telling me anyway.

The council have accepted responsibility - but not to us, to our MP, who then sent me copies of the letters. We are on the list and have a high number of points (which we had to fight to get I might add) we just have to wait for somewhere suitable.

I was told to call the Homeless Department when we had 28 days before eviction. I called them 2 weeks before we was due in court and fowarded them the papers they wanted, today was the court case and the court has givn us 14 days to get out. however, despite this the council have indicated that they will not be making an appointment to see us until at least 14th April, which is 2 days before the possession order runs out and 26 days since I first contacted them. The homeless department did not call me back with an appointment to go and see them as they told me they would.

They have told the MP that they will house us - once my son was diagnosed everything changed and they stopped telling us to rent private (which we have been unabe to do for a number of reasons), I am looking at the letter now, they told him they would do this once the possession order was granted. Yet now they tell me they can't see me for 2 weeks. They have also told him that f they have not found us somewhere before we are due to leave they will assist us through the Homeless Legislation. But we are due to leave and they will not even make an appointment to see us before that time. it is just fobbing off all the time, at least through the MP we have it here on paper and not just saying 'call back when you have 28 days to go'. Well I did, I called them 2 weeks ago but they see to be under the impression that courts give 6-8 weeks before a possession order is granted. I am looking at that on the letter too.

Of course being the ever optimistic I am hoping something on the list is available that we might be lucky enough to get.

Just when will the councill see us? The day we get a note from the bailiff saying they are coming in 2 days time or what?? If we are off to a hostel then fine, tell us that I am ready for that, however to be told they we can put forward our homeless case 28 days before we are due to leave and then to not even bother to call us back when we have been give 14 days to leave - surely this is not part of the Governments Homeless Strategy??

Anyway, deep breath and trying not to think about it else I will not sleep. Hope that info helps.

MummyHol

blue_monkey wrote: »

Council told me today that the list comes out on Friday, expressions of interest will close on 9th April she told me that if anything was on the list she would know by the time we had an appointment with her whether had been successfl or not. So this means that she is setting up a date for around 2 weeks time - that is the eviction date we would have been given.

Hi BM,
I'm going to try to word this right or its not going to make a lot of sense...

the homeless office normally book the appointment for the day (or the day before) you have to leave the property because they will then tell you you're going into a hostel. You go into a hostel the same day as the meeting- they aren't bothered about giving you notice about this. (with us they basically told us there and then & we had no idea thats what the meeting would be about- it was just 'you've got a room at ***** hostel & you need to be there by 5 to sign your paperwork'). If you do manage to meet with them before that they will tell you that you don't have to leave when the 14 days is up on the possession order because ''technically'' you're not homeless until the bailliffs come to evict you (which means as far as they're concerned you've got the 2 weeks of the possession order and about 4 weeks that it'll take for your mum to apply to the court for bailliffs to evict you & it actually happening- so they've got 6 weeks to sort you out!) They rub this in a lot so that when they offer you the hostel at the end of the 2 weeks, it sounds like they're doing you a massive favour by not making you wait to be evicted before they act!

I'm so sorry this sounds so harsh but it was the reality of what they did to us and i think (from the sound of it) thats what they intend to do for you.

I'm so mad that they'll put you into a hostel in your situation and i really admir how 'together' you are. My thoughts are with you and i'm sending hugs your way. PM me if you need to chat or want any other experience based info.

Hol xxx

ps. be aware that if you go into a hostel you can't bid anymore and if they offer you something you have to take it or you're making yourself intentionally homeless therefore aren't intitled to a hostel room anymore (i'm sorry thats such a horrible prospect to have to face)

squinty

Hi,

OK, thanks for the extra info.

Not all Choice Based Letting Systems (CBL) are the same. However, with some people who are homless are either outside the bidding system or they get moved up a band or two. It is important that you make a homlessness application as soon as possible - if acepted (and you appears to be in a priority need group with the kids and unintentionally homless) they have a statutory duty to assist.

The reason for asking about the property is that some local authorities use thier own stock for temporary accommodation, which althought the property may not be ideal may be better than hostel acommodation especially with your sons problems. You should ask if your authority do this. Sometime they wil provide accommodation from the date of the application, not the decision.

It does seem strange that they will not see you for two weeks. I can only assume this is for the formal 'Homless Interview', they should be able to give you advice and asistance before this. It may be worth checking - however if this is the actual interview you do need to be prepared, take along as much evidence that is reasonable (or copies may be better) - this should ensure that the decsion is made quickly - and that they are able to offer you suitable accommodation (see further down)

I have seen MH's response, and there are a couple of things in there that should not be true - firstly you do not need to be actually homeless only potentially homeless with in the next 28 days (the code of guidance says - The Secretary of State considers that where a person applies for accommodation or assitance in obtaining accommodation and (a) the person is an assured shorthold tenant who has recieved proper notice (b) the housing authority is satisfied the landlord intends to seek possession, and (c) there would be no defence to an application for a possession order: then it is unlikley to be reasonable for the applicant to continue to occupy the accommodation beyond the dated givenin the s.21 notice, unless the housing authority is taking steps to persude the landlord to withdraw the notice or allow the tenant to continue to occupy the accommodation for a reasonable period to provide an opportunity for alternative accommodation to be found) (sorry the quote is so long !!)secondly any offer of accommodation (temp or perm) must be reasonable and you have a right to appeal this - and a resonable offer shoud take into account all your circumstances.

Do you have a Shelter office or a housing law centre in your area. I really think you need to speak to someone who is an expert, and also has the local knowledge to be able to offer the best advice. The National Shelter website may point you in the right direction.

Good luck