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

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  • MummyHol
    MummyHol Posts: 287 Forumite
    squinty wrote: »
    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.

    Wish someone would let Stevenage Homes know this because there not adhering to it at all- they're treating poeple in this situation as i mentioned above and other people i have spoken to in other areas have been treated similarly. We were geniunely told that although they accepted resposibility housing us because we were unintentially homeless and priority need, we were not homless until evicted by bailiffs (this was only last summer, too).

    BM- i forgot to say that if nothing is available for them to offer you while you're in the hostel, you'll normally then go into 2nd stage emergency accomodation where you can start bidding again.
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    Hi Squinty,

    I have to confess that I have to disagree with all that you have written too. The council are the ones who told me how to deal with this and to tell my mother she had to evict us, we could just not leave, they have been aware of us having to leave since November, they have been aware of a court date for the last 4 or 5 weeks so they knew this was coming, I called them 2 weeks ago to tell them the court date was 2nd April, they told me to call back when we had been. As I say, I have it here in a memo from the cheif housng officer to my MP telling him that they would have 6 weeks - so they assumed the court would give us 6 weeks to leave!! They have known about this and have not helped at all in this time, this has all be stated in the thread, so they knew that we were going to be potentialy homeless back in November when we tried everything to find somewhere of our own but was unable to - they already have all our information, bank statements, letters from local homeowners to say that there was nothing available on their books. They already know the cost of renting private and our wages don;t cover this - we don't have a deposit anyway. They have accepted they have a responsibility to house us - again, in the memo to the MP. Why they won;t see us I don;t know, I can only assume that is for the reason MummyHol gave.

    MummyHol, I saw your 1st post last night just as I was off to bed and it helped me sleep much better. I guess we will spend the next few weeks packing up everything that is left - not a lot I might add, just day to day stuff, and I'll get my books finalised fo the business stuff so i can sort out my tax credits awardfor next year as we are likely to lose that as they say we owe them money from 06/07 (*sigh*) I'll get them to deduct the money from this years award as won't have a lump sum, but I am going to assume that they will do the same with us as they did with you.

    Squinty, we have been told that it will be a hostel if there are no houses available. I guess we are going to be going in blind for the next few weeks. The worst thing is having paid rent, council tax, rates, etc... and then we might have to find £180 a week for the last 2-3 weeks left in the month for the hostel as well.

    What a nightmare.
  • bm
    I am sure that with everything else, that having to explain answers to various questions is very tiring, but could you or someone else convine your Mum not to apply for the Bailiff Order until you find something?
    That could at least buy you time. I'm sure I am not alone in so wanting there to be something suitable, beautiful and stable for you on the next list.
    How about going to the local press and having them highlight your situation in the hope of getting more positive movement from the Council?
    If these are not suitable options, or you've looked at them, just say "No". You don't need to explain.
    Keep being the incredibly strong, capable and special person that you are and know that we are all behind you. (((((Hugs))))).
    J
    x
    I must go, I have lives to ruin and hearts to break :D
    My attitude depends on my Latitude 49° 55' 0" N 6° 19' 60 W
  • chevalier
    chevalier Posts: 7,937 Forumite
    Part of the Furniture Combo Breaker
    don't forget that when you leave the property you can apply for any outstanding days of council tax to be refunded, likewise the water rates etc if you are not living there. Same for tv licence, if you have paid any upfront. So by asking now about these bills, maybe you will be able to get some of the money towards paying for the hostel. But surely if you are going into the hostel you might get some financial help? Or do you earn too much?
    chev
    I want a job that is less than an hour driving away from my house! Are you listening universe?
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    Morning everyone, I am smiling as eating a big fat cream cake - more important thing to worry about than how many points are in it (must be about 30 though, LOL!!)

    I don't mind answering the questions, I am just wanting to make sure everything is covered, I just get worried that people will think I am repeating myself over and over like a broken record.

    I have spoken to the council again this morning, the lady is going to call me back as she is in late this morning :rolleyes: . Now I spoke to someone else, she was the person who had answered the email via the MP and she was downright rude andeven said to me when I tried to ask a question 'will you let me speak'. Stuck up cow - I had asked a question, they avoided answering so I tried to answer it again. Anyway, the upshot it was as mummyhol said, I will find out on 10th whether I have been successful, if there is nothing on the list or if we are not successful we will have a meeting and emergency accomodation will be arranged.

    If I turn down the accomodation then we will get removed from the list so although my mum could (in theory) not go to the bailiffs yet it will be seen that we are no longer in need, it seems everything has to be done as they say. I can't even think about what might happen if they tell us we are no longer in need.

    I was reading some stuff up last night until late, I feel totally drained and exhausted today, but I did read on their homeless policy they they have to have stock reserved for people that are homeless. mind you, it says a lot of stuff and I certainly do not see that happeneing either, so who knows.

    Got my list of stuff ready to claim for already!! DD to stop and the like, the CT and water rates are in my mums name but come out of our bank account so I am not sure what happens there, I can't see us getting that back before she sells the house but I probably will tell her I want it back then along with the rent we overpaid. Thank goodness we have big overdrafts to fall back on (not used but hubby & I have almost 6k between us that we always kept 'just in case'). I do not want to use the OD as once in I don't think we will ever get out, it gives us something to fall back on if we need it and it will mean we have money to cover the high rents.

    I did say to huby that I might keep the Broadband on and then I can bring a deck chair and sit in the house after dropping Ryan at school and at least use the internet, download some stuff to watch in the evenings on the laptop and that. That is always an option I suppose.

    I am on a 12 month contract with BT and it has only been on since September or something like that, will I get fined if I cancel it and don't have another house to set a line up in. Anyone know??
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    Ooh, not sure about the help with the rent. I would have thought so as it is £180 a week so around 2/3 of hubbys wage, apparently we will also get financial assistance in getting the children to and from school from the main council because we are in temporary accomodation. That will help as well but that will be something I can do in my endless mornings of doing naff all!! I have the Special Needs Health Visitor coming around next week so maybe she will offer some help, write some letters or the like.

    that list of houses has been out on Thursday every time I checked, whats the betting it comes out tomorrow. I'll have to stay up until midnight to see if comes out then too!!
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    Also having a hard time with Ryan as they have stuck a board up outside now and they are all confused about going and after it went up this morning he said he was going to cut it down.

    My mum has said she is not dropping below the price we are at now, I don't ven know why the have a board up, the only people who go past are people who live on the estate and they all know we are going anyway. Still, gives us something new to look at for the next 13 days!!

    Bah!! I have 2 magpies nesting in the tree behind the house, so I see 2 magpies everyday, I used to be supersticious and beleive that '2 for joy' but now it's just a load of rubbish!!
  • MummyHol
    MummyHol Posts: 287 Forumite
    Just think, the karma might come around and the house will be sitting empty for a year or so, wasting your mums money.
    I've got my fingers crossed for the perfect property in the new list xx
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    Thanks sweetie, sorry about tomorrow, I did mention meeting up but I've got to get packing and I have to pick up some boxes from my friend as I am all but out. Sorry. We can do it for another time when things are more settled. I still can't believe that things are happening this fast.

    still checking that damn list for an update and have done a few bits and bobs, lots of loose ends to tie up too.
  • MummyHol
    MummyHol Posts: 287 Forumite
    Not a prob BM. Focus on getting everything ready for the move and we'll meet up when you're settled in a new place :) it might be hotter by then too xx
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