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

Loretta

Up until 1989 I worked at a LA Homeless Persons unit dealing with people who are in this position so my knowledge could well be very out of date but I think that there is some confusion here.

If you are on the Council Housing Waiting List you get points for various things, you seem to know about this as you are going after medical points.

However your situation has now moved on, you are now threatened with homelssness and the homeless persons Act 1997 applies instead. if you are threatened with homelessness in the next 28 days you make a homeless application to your local council and this means that you are making an application to 'jump' the housing waiting list because you are now in urgent need so points no longer matter.

You need to see see someone at the council who deals with homelessness who will probably not be the same person who deals with the housing waiting list.

Because you are sure you are going to be made homeless you can contact the homeless person unit at the council and make a homeless application now, they may try to put you off but you must insist that they take your application. When your mother gets her court order to get you out, someone from the homeless unit may go to court with you and although you cannot stop your mother getting you out if the judge knows the council are dealing with you they will give you at least 28 days maybe longer, I expect the court in your area and the council share information and to a certain extent co-operate with each other. The homeless unit will know that you have no right to stay in these circumstances and cannot fight the eviction. Once the order has been granted you are then going to be homeless within the next 28 days.

The council then have to decide whether they have a responsibility to rehouse you, there a certain categories, in your case they have, you have children.
The next decsion they make is whether or not you have made yourselves intentionally homeless and from what you have said you haven't, your landlord is selling the house and the court has/will have granted her an order because they could not refuse. All these descions should really have been made ahead of the order being granted. Some councils will wait until the bailiff are at the door but this is really mean and courts do not approve of this practice at all, it is just piling on the misery when the inevitable has happened.

Once the council have accepted responsibility for you they probably won't have a spare house straight away so will have to offer you temporary accomodation and this should take your particular needs into consideration, you son etc, if they can but they cannot give you what is not available.

The council are obliged to make you ONE suitable offer of permanant accomodation, just one, after that they have fulfilled their obligation. if you refuse they have done their duty and will withdraw support and you will lose your temproary accomodation and you will be homeless again but this time intentionally. The key word here is - suitable- you may have to take some advice about this when you recieve an offer, maybe from Shelter, you must not make a mistake, if you turn down their one offer you are on your own, take it and then try and move or swop with another council tenant.

The magic words are 'threatened with homelessness', forget points and waiting list.

You are about to be made homeless and the council will have a responsibility for you. If, as you have suggested, you go and find lodgings you will no longer be homeless, you would have somewhere to live which would probably not be adequate for yor needs, and would be back on the waiting list and looking for housing points again. This may be hard but you are actually on your way to a council house, the people on the waiting list will probably never get one, you may have a difficult few months but you are on your way.

From now on it is all about tactics and making sure you know exactly what you are doing and what you are entitled to, if you try and help yourself or put a foot wrong you will be in a bad situation.

As I said I have not worked in this field since 1989 but I don't expect much has changed for the better, make sure you get some leaflets from the Housing Dept or CAB or Shelter and insist that you are dealt with by the Homeless Dept not the Waiting List

Good luck

blue_monkey_2

Hi Loretta,

Thanks for taking the time to mail, the situation around here is about the same as you have said here so times do not really change. The woman at the council told me the same, that if we are going to be homeless within 28 days we then present our homeless case (I was unsure what that meant until now), I would like to be able to ask the judge to give us 28 days so we can liase with the council so that will be helpful. The other lady i spoke to at the council (not my usual lady) told me they could order us out in a weeks time. They spend a lot of their time scaring the pants off me with what they say tbh, but the lady I deal with now seems quite kind (compared to the others I have spoken with) and she does SEEM that she has some concern to what we need, she makes me feel like I have a need, the other woman I spoke to last week I put the phone down and felt like crying she was so rude and obnoxious to me and just spent the whole time putting me and my family down. I came of the phone feeling like a leech and feeling bad for asking for the help, she even snorted down the phone when i told her that we did not have a deposit to come back as it was my mum and told me it was tough then.

But yes, thank you so much. Every snippet of information I get that helps me on my way is a good one. I think that what the council are concerned about is that because it is my mum she is just saying these things to get us a place to live - and I can totally understand that too, so many people must come through saying the same things - but mum will have the house in the local paper next week so there is no danger of her lying (or do people really go that far to get somewhere??) I think they might be waiting for the court date so that they know we are genuine.

My lady at the council has told me most of what you have told me (she is the one who advised on how my mum legally had to get us out - the other one told me that I need to make an agreement with my mum to stay until she sells and then move out, then we would not be entitled to say we were homelesss) so this is why I think the lady we are dealing with really does want to help us, I appreciate this after speaking with the other lady but at the end of the day she is doing her job and I also appreciate that.

I totally understand that we only get offered one choice, I read though the homeless stratagy and we get one choice that we have to take, if we refuse we are deemed as no longer being in need and will be taken from the list. If it is unsuitable we have 21 days to appeal against this, but I am going to wait until eary next week, I really am going to give them the benefit of the doubt until then, and then I am going to also speak to Social Services which I have been told to do but have been putting off.

It would be nice to have some back up support but while my son is undiagnosed I feel a bit guilty in asking for help as there are people who have been and are in more need than I. I just find it hard to ask, but I am going to ask because now it has become urgent rather than a need, if that makes sense.

Thanks so much for all of your help, it really is very much appreciated when people share their 'insider info' with me so i can be prepared.

kirstymccr

Loretta
I currently work in a LA Homeless Dept (in Scotland) but im aware of the English legislation and the advise is correct.
Blue-monkey - like Loretta says you must contact the homeless dept instead of the general housing dept

kirstymccr

blue_monkey wrote: »

"My lady at the council has told me most of what you have told me (she is the one who advised on how my mum legally had to get us out - the other one told me that I need to make an agreement with my mum to stay until she sells and then move out, then we would not be entitled to say we were homelesss) so this is why I think the lady we are dealing with really does want to help us, I appreciate this after speaking with the other lady but at the end of the day she is doing her job and I also appreciate that"

blue-monkey - I understand that our LA may be different but you would still be threatened with homelessness if you remained in your mums property until it is sold - in our area - someone like yourself providing they are a priority case (which you are with your children) Unintentional (which you appear to be) then we would allow the family to remain in there accommodation until it is sold or in most cases they remain until the date of keys being exchanged and refer for housing - and in some cases families are offered housing without the need to go into temp accommodation

Hope you manage to get your situation sorted as i see people in your position on a daily basis and it really is a difficult situation for you to be in

beautifulgorgeous_2

I think you could do with some help/ support / respite from your ds and to spend time with you ds. This is in addition to your housing needs. I don`t know if your hv would know of any support you could access. There may also be a group of parents in your area with children who have needs similar to your son`s. If you were to get social services involved then they may have sway with the council housing dept.

blue_monkey_2

Thanks, the council have told me I cannot contact homeless until we have less than 28 days before eviction but I will follow this up, can I contact them before this then or just when we have 28 days to go? We don't have a date other than the order but I am going to ask the court to give me those 28 days so I can go to the homeless department if I have to - if that makes sense.

Tbh, if I could move from here tomorrow I would because there is so much pressure from the whole family to get out and it crushes me - not like I have enough to deal with but no-one gives a toss and yes of course, it really hurts that no-one wants more than to see us on the streets but I am getting past this now. My sister called and told me I HAD to pay my mums legal fees of £1000 because she was (and I quote) 'doing you a favour by evicting you'. So I put her right on that!! I also told her 'yeah, hold on I'll go and pick the money off the money tree at the bottom of the garden'! Some people.

I have been speaking to other mums and apparently I cannot get anything until my son has been diagnosed (why??), but I am going to give Social Services a call and see what they say. It is hard to think of passing him on to anyone else though even though he is such hard work, I can't even leave the house without him freaking - all the doors have to be locked and the keys hidden otherwise he tries to get out to find me. I have spoken to the HV and in all honesty she is as much use a chocolate fireguard, when I first approached her she ummed and ahhed about it, with being in this little village I don't think they have dealt with it before, they have certainly not dealt with Autism it at the school before (just the visible obvious conditions, there is a little boy with Downs and on with CP but they did refuse to take her into the school) so I will contact SS and see what I can do. It is more my DD, my husband works funny hours so we can't plan anything that has a regular day like swimming as my son would have to come and he does not like the noises at the pool and sits there making this moaning noise (my husband is on call this weekend for example so I can't take DD too far alone and we are quite out in the sticks), but I left her the other day with my husband as I had to go to the PO, DS had to come with me as usual, and she turned to her dad and said 'daddy it is nice without naughty Ryan being here isn't it'. And I think until that moment I never really got how much of her life is affected too. She tries to play and he is there trashing her stuff or trying to join in but he is rough, while he is just trying to be friendly he is very loud, full on, in your face and he does agressive things to her (which he does not see as aggressive) so it is more for her I need to find things to do. I am going to try Rainbows as that is from age 5, most of the clubs around here are a little older or are on Saturday mornings so I can't do Saturdays. She has also had issues with being left (making herself vomit to get me back and to be able to go home for example) so it is hard to let go of your kids when they know they are distressed without you being there, obviosuly there is the money as well as these clubs cost and would not have the whole outlay at the begining of term.

My younger sister has been the only person who has ever really shown any interest in the kids but her bf drives now so we rarely see her, but my hubby has 3 brothers, I have 3 brothers and sisters we both have parents who are seperated and with someone else, so 4 sets of grandparents, and none of them can be interested and even if we have parties for the kids half the time they say they are coming but then don't bother as we live 'too far away'. So yes, sometimes it is very hard when you have no help, but at least I'd have got through this knowing that we have done it this way and that I've done the best i can for them. I am waffling now but thanks, the support I've been given through the PM's have been wonderful and I am moved with the help and advice I've been offered. Thank you does not seem enough some how as people aren't even really interested in given up their time for us, the kindness of strangers is sometimes overwhleming for me, so thank you.

Mollymop5

Good morning blue _monkey i'm pleased you are receiving some good advice from everyone.As for your daughter I have a 5 year old who loves rainbows.hey also ask if parents have any spare time to come in one night per term.This could be your time with your daughter if your oh will watch your son.Does your ds school have after school clubs that he could attend maybe one day per week? then you and your dd could do something special.I know its hard trying to balance yourslf between your 2 kids.I'm lucky cos theres a big age gap between my 2 I spend alot of time with my dd then once shes in bed I get time with my ds(whos 14 and doesn't often want it though lol).As for the money side speak to the person incharge and see what they say you may be able just to pay for 2 or 3 weeks in advance rather than for the whole term.

debrag

I would say 'bye bye family' once this is all over if that was me.

I know very little of my dads family. 2 half brothers don't see either, one brings round the xmas presents each year. Nan I don't see, she hates my mum (I think) doesn't try to contact us etc my parents see her a few times a year (she 95 this year & not well as the moment) her sister I've never seen. My aunt & uncle rarely see as well as their sons. All I know is that my dad is 1/2 scottish my grandad is full scottish but born in england (both parent are scottish so not sure if that counts) my great granparents were the last to work for 'grants' (alcohol).

blue_monkey_2

debrag, yes absolutley, it is hard now being where we are, you feel obliged to help when they ask, for example if it is raining and they call at 7pm asking for a lift to the pub (5 mins walk) then inevitably I say yes because I feel I should. Weird how it sounds, but I am looking forward to saying no because I don't want to for something so silly. Mum will call me because she doesn;t want to wait for the bus and stuff. mum dad I already told to sling his hook and I'll speak to him when he apologises to my face for being an ****** (insert whichever word you want, they all apply), my brother for the same reason, my sister will speak if she wants something, my younger sister is lovely though in all of this and always on our side. My husbands side blow hot and cold, but tend to get given everything by people whereas everyone 'forgets' about us. We was at a wedding last year and on of OH Aunts said to MIL (who the kids very rarely see) are you going to be doing your granny bit and she replied 'no way, I don't think so' and this was in front of me. So, no great loss really if I am honest, I am used to it but I feel for my hubby who will make a comment every now and then so it clearly hurts hs feelings that his family are like this.

A few years ago they started buying presents and Easter Eggs just for one child and I wrote them all a letter which said 'treat all the children equally, we don't hve favourites and if you can't buy for both then dfon;t buy at all and further gifts will be returned. My brother has not bought anything since but my sister does (although moaned I had sent it in a letter despite them not speaking to me from one year to the next!!) My dad stopped speaking to me as he was ashamed that I had given up working in London to be a stay at home mum!! I guess it does nt have the same ring when boasting to your mates about this that and the other!

You can't choose blood though, can you?

MM, my DS is just turning 4 so there is nothing around, i was going to try and get himin Judo so that maybe there was some discipline to him using his temper but no-one will have him. I do need to sort something out and ctually said to hubby that when he is not on call and everything is sorted I am going to start take DD on a Saturday morning away from her brother, swimming probably as she loves swimming so much but is not able to do it because he hates the echo noises and screams and crys when we are in there. The wants to go and asks to go but each time we have taken him he just gets out of the water and tries to run off. DD is only just 5 so I cannot leave her in the water unattended and I don't have people to go with me. Even that or Saturday morning cinema or a trip to the shops, anything that means they are apart for the day and get to spend some time with one parent rather than be together. Hubby tends to take whatever overtime is offered as otherwise money is short - it is going to be worse now I have had to give up my business, but never mind, problems make you stronger as a family too I think when you get past them.

Thanks again.

hardtime

If you were offered a council house that you think is unsuitable you could always put it up for an exchange.