Impending eviction :s

Miss_Cat

right im off to spend some time with the OH lol
thanks for all the help
you've given me some good stuff tho check out
speak soon x

blue_monkey_2

To be honest I would not bother, more so because my son has been diagnosed with behaviour problems, learning difficulties and being on the Autistic Spectrum and they told me they could not help with any housing issues, just if I needed help looking after my son.

I have read that if you are homeless and that they have no liability to help you then they 'routinely' contact childrens homes and services (I think that is what it is called).

What you need to do is get everything in order. Start getting stuff packed, a few boxes each day, make a list of your to do's - if you are anything like me then I forget!! Make a list of the goods you need stored such as washingmachine, drier, etc... and see if friends will help you take these. Little things that will make you feel more prepared.

In regard to the 'booking a holiday' I would contact the people with those units and ask if they have extra weeks available so you can book a block of them - rather than going from one to the other, but if the council will not house you I beleive that you have to wait until the bailiff knocks to remove you rather than just leaving. They will ask you to leave and then change the locks, if you have started clearing the house before this date it will make things a whole lot easier.

Can I ask what the Section 21 order stated and also what the form for the court stated, did it say it was for arrears on the form?

I've got to get off to bed shortly as I usually end up being up with my son anytime from 4.30am!! Will catch up more over the weekend. But forget about it until Monday if you can and get some rest over the weekend. I know it is easier said than done but this is the 'limbo' stage of not knowing where you will be or where you will go, it is not nice but you'll get through it I promise.

Please may I ask if the kids would go to their dads while it is sorted out and you find somewhere to live? Is that any sort of option?

Have you asked the council if they have any sort of rent deposit scheme going if they are not going to house you? Maybe they know of a Co-op or the like that can house you. Look on your MP's website and see when he has open surgeries and go, take all your information, but just turn up. Mine has been away the last week so maybe they are all off. Not sure.

blue_monkey_2

Oh crap. Is it Ben Bradshaw?? The Labour MP's do not get involved with housing issues around here. Try your councillors instead if you can. Are they Labour as well??

From his website on the F&Q's page:

[FONT=Arial, Helvetica, sans-serif]5. What are your responsibilities as my MP?[/FONT][FONT=Arial, Helvetica, sans-serif]My role as an MP is to represent all the people in my constituency; not just those who voted for me. Whether or not you voted for me or agree with the views of my party, I am your MP and I am still here to help you with all matters for which Parliament or central government is responsible.

I generally do everything I can to help constituents, but am not able to support every cause, nor will I be able to get the desired solution to every individual problem.

There is a Parliamentary convention which states that MPs can only deal with their own constituents. [/FONT]


[FONT=Arial, Helvetica, sans-serif]6. What can you do to help me?[/FONT]Problems sometimes arise with work carried out by central government departments. I will be able to help you with many of these problems including areas such as:

- Tax problems involving the Inland Revenue and Customs and Excise Departments.

- Problems related to the Department of Health involving hospitals and other NHS services.

- Problems related to the Department for Work and Pensions such as benefits, pensions and national insurance.

- Problems related to the Home Office such as immigration, asylum, prisons and policing.

Constituents often bring a problem to me because they do not know who else could help them and I try my best to help them. However, if your problem really concerns Exeter City Council or Devon County Council, rather than central government, then you should contact your local councillor.


[FONT=Arial, Helvetica, sans-serif]7. How do I make an appointment to see you?[/FONT][FONT=Arial, Helvetica, sans-serif]If you have a personal problem that you would like me to help with, please contact my constituency office on 01392 424 464 or use the contact page on this website to e-mail me.

Strict parliamentary rules mean that I can only see people who live in my constituency. [/FONT]

[FONT=Arial, Helvetica, sans-serif]14. How do you deal with constituents’ problems?[/FONT]When your problem involves central government, I have a number of methods available to try to resolve the matter. A letter from me to the relevant department or official will often provide a solution. If not, I may decide to take matters a stage further by writing to the Minister involved, or even making an appointment to see the Minister personally. Many constituents’ problems can be resolved in this way but not all problems, of course, have an easy solution. The Minister may not be able to give the answer that you wanted to hear but if the decision has been made in the right way, there may be little that can be done.

If, on the other hand, there has been unnecessary delay, or if some essential procedure has been missed out, i.e. if there has been maladministration, I may be able to take your case to the Ombudsman (Parliamentary Commissioner for Administration). The Ombudsman can only be approached via an MP - a constituent cannot appeal to her directly. The Health Service Commissioner can provide similar help where the problem involves the NHS.

The Government’s attention can be drawn to a matter by what is called an Early Day Motion. Although EDMs are not usually debated, it is a record of MPs’ opinion on a subject and a gauge of their support. As a minister I cannot sign an EDM, but am always happy to take up issues with ministerial colleagues. To find out about current EDMs, see the EDM database website.

Miss_Cat

Can I ask what the Section 21 order stated and also what the form for the court stated, did it say it was for arrears on the form?

We had one letter on 12th dec which said:

Dear mr smith & ms baker,
the owner of the property has given us notice requiring possession, we unfortunately therefore have no alternative but to serve the same notice upon yourself, a copy of which is enclosed.
we would be grateful if you would sign and date the enclosed letter confiming that you have received the section 21 notice and return it to us in the pre paid envelope.
we will write to you a little nearer to when you are vacatin the property with the moving out procedure.
thankyou for your co-operation.
yours sincerely [yadda yadda yadda.]


thr section 21(4)(a) assured shorthold tenancy:periodic tenancy
notice requiring possession.
has our names, our address.
the letting agents name and address.
says "i give notice that i require possession of the dwelling known as"
our address.
date of expiry: on 4th march 2008
dated: 12th december 2007
Landlord: letting agents and their address.
and then it is signed and dated.



when we did not leave on the 4th march, they then applied to the court for possesion.

we received the claim form for possession of property (accelerated procedure)(assured shorthold tenancy)
which had the claimant details on, the defendant details (us) and says the reasons are given in the following pages.
the followin pages say:
what date the tenancy agreement was signed.
what date the section 21 notice was served
that the claimant asks the court
to order that the defendant(s) deliver up possession of the property
[to order the defendants to pay the cost of this claim.

it includes a copy of our tenancy agreement and a copy of the section 21 notice.

that is all
so i cant see anything that actually states WHY we're being evicted although our tenancy agreement says that the rent of xxxx should be paid monthly on xxxx daye, which obviously hasnt been done, but it doesnt state that anywhere.

Please may I ask if the kids would go to their dads while it is sorted out and you find somewhere to live? Is that any sort of option?

unfortunately it isnt an option.... its a very long story but their father hates me with a passion, he only sees them once every two months and everytime he sees me he has a go at me and tells me what a bad mother i am, that my OH is unfit to look after children, that I am an unfit mother. he has already tried to go for custody before, but let it drop.
when i moved to exeter last year i asked if he could have them for a couple of weeks while i got settled and got a job, but he refused and said that if he did take them, it would be permanent and i wouldnt ever get them back. i have also been told by mutual friends that in private he added that i wouldnt ever see them again either. thats the kind of man he is.
if it gets really desparate we do have family we can MAYBE all stay with, but im not going to say that to the council for obvious reasons, and once we do end up with family, we wont ever stand a chance of getting somewhere else

but thanks for the councillors info.
gotta go take the kids horse riding now
have a nice weekend xx:A

blue_monkey_2

Hi Miss Cat,

OK, might be too late now but have you told the council that you are being evicted because of the rent? Can anyone else help me with this, if there is no claim for late rent then how can it be for rent arrears? There is no mention of rent arrears is there?

OMG, I have had a thought. They have applied for Accelerated Possession so they did not have to appear and are not claiming their rent arrears so this should not affect you being made homeless as the papers do not state it that you owe rent. If you owed rent you would have been served with a section 8!!!!

Did you take all of these letters to the council with you?? Sorry to rake it all over but what did they say initially?

Can someone please clarify this for me please as it might make a difference. Thanks xx

Yes, I understand perfectly about the ex. Sorry. It was just a thought but sounds like it is not worth the hassle it wil cause all around. you are right, do not mention family until very last resort.

Miss_Cat

blue_monkey wrote: »

Hi Miss Cat,

OK, might be too late now but have you told the council that you are being evicted because of the rent? Can anyone else help me with this, if there is no claim for late rent then how can it be for rent arrears? There is no mention of rent arrears is there?

OMG, I have had a thought. They have applied for Accelerated Possession so they did not have to appear and are not claiming their rent arrears so this should not affect you being made homeless as the papers do not state it that you owe rent. If you owed rent you would have been served with a section 8!!!!

Did you take all of these letters to the council with you?? Sorry to rake it all over but what did they say initially?

Can someone please clarify this for me please as it might make a difference. Thanks xx

Yes, I understand perfectly about the ex. Sorry. It was just a thought but sounds like it is not worth the hassle it wil cause all around. you are right, do not mention family until very last resort.

hmmm does anyone else know anything about this?
the council seem to know about the arrears...i can only assume that the letting agents must have told them about it as i know i certainly didnt... and none of the letters regarding the eviction mention ANYTHING about there being rent arrears AT ALL so could that be important?
i understand that with there being rent arrears the council are quite likely to find us intentionally homeless, however this could be a key loophole that i really would like to investigate!!!! many many many thanks and hugs blue_monkey if this turns out to be the case :A :A :A :A :A :A :A :A :A :A :A :A :A :A

blue_monkey_2

Hi Cat,

Just a quickly but drop en email over to Shelter - I find it easier than trying to call them but it depends on how much time you have to keep trying - but drop them an email and ask them if this makes a difference. They will then know for sure, OK. x

silvercar

That is known as a section 21 notice; no reason needs to be given. If they were evicting you for arrears it would be a section 8.

Problem with a section 8, from LL's viewpoint is that it requires the tenant to be 2 months in arrears, so if you paid off some arrear before court date the case would fall down. By using a section 21, there is no need for a reason.

It goes in your favour that arrears aren't the stated reason, but this doesnt stop a council person writing to the landlord and the landlord stating there were arrears.

Miss_Cat

silvercar wrote: »

That is known as a section 21 notice; no reason needs to be given. If they were evicting you for arrears it would be a section 8.

Problem with a section 8, from LL's viewpoint is that it requires the tenant to be 2 months in arrears, so if you paid off some arrear before court date the case would fall down. By using a section 21, there is no need for a reason.

It goes in your favour that arrears aren't the stated reason, but this doesnt stop a council person writing to the landlord and the landlord stating there were arrears.

yes i think the council have already done that but thankyou

Gillianh2

Just a thought have you spoken to your Enviormental Health officer, the one who came about the damp. Ask for his written report asap. Produce this to |Council and any Housing Assc; in the area. This will give you "points" on the waiting list.

Hope you manage to get some rest today