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Advice needed please...............
Comments
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Please stop panicking:-
you do not have to leave until the end of your tenancy. that is December. No matter when they want to sell it.
is that clear?
Excellent. Now, you need to stop being nice to the landlord and their problems, and work slowly, and methodically through your options.
With PND it is Really hard to see the wood for the trees, so it may help to lay things out one step at a time.
PasturesNew's answer was brilliant.0 -
Thanks, I have already posted on there as had seen MOT's thread and the support she had. I only posted here as thought the board was for House Buying, Renting & Selling Advice. Which is what I am seeking, I apologise for seeming needy and having views and reading information (whether right or wrong) but I have said what I knew and from the experience and knowledge I have gained.
Sorry if this sounds rude but not once in my life have I been in this situation and all I have been asking for is some support and advice as I thought that was what this board was for.
No apologies required... This board is very supportive in the sense that it offers sound practical advice (for the most part) and has experienced posters willing to help out and offer their advice. You ask away ....:happylove Tori Bellatrix :happylove
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Thanks, I have already posted on there as had seen MOT's thread and the support she had. I only posted here as thought the board was for House Buying, Renting & Selling Advice. Which is what I am seeking, I apologise for seeming needy and having views and reading information (whether right or wrong) but I have said what I knew and from the experience and knowledge I have gained.
Sorry if this sounds rude but not once in my life have I been in this situation and all I have been asking for is some support and advice as I thought that was what this board was for.
Wasn't criticising at all, just suggesting other areas where you might find support in addition to advice from this board.
I'll look at your post on the other board and see if I can direct some of the helpful people over there towards it.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
Thanks, I have already posted on there as had seen MOT's thread and the support she had. I only posted here as thought the board was for House Buying, Renting & Selling Advice. Which is what I am seeking, I apologise for seeming needy and having views and reading information (whether right or wrong) but I have said what I knew and from the experience and knowledge I have gained.
Sorry if this sounds rude but not once in my life have I been in this situation and all I have been asking for is some support and advice as I thought that was what this board was for.
Dont let it get you down.
Others will understand more than others.
Im sure no one is judging you but dont let anyone, you know what you are happiest with.
I have to agree with you jojopo000 Social services are a waste of time and I really cant see them helping, more like worsening the issue.
I hope that Shelter are able to help, I must say I had to use them a while back and they are very helpful and understanding, goodluck and please do keep posting:DDELETE ACCOUNT.
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Captain mainwaring - you may not like what i have presented as the facts of this tenants legal rights - but i have been a LL for 8 years and i know my Landlord and Tenant legislation inside out. I have seen dozens of Tenancy Agreements in my time - anyone can write one, and a LL can instruct a solicitor to put in clauses which are favourable to the LL and which override tenants rights. Just because a clause is in an AST DOES NOT make it legally binding.
I have told the OP exactly what her legal situation is.
she has now told us that she has an AST till December - this means that she has the legal right to stay until December. Her LL CANNOT get her out (unless she stops paying rent or becomes a hooligan) without going thru the whole long rigmarole i have detailed - AFTER december. If a Tenant does not leave a LL HAS to get a court order to get them out.
HOWEVER, if he is being repossessed by his Lender (and the speed with which he wants to sell makes me suspect this) - then the Lender CAN issue notice far quicker than a LL but the tenant will still have to be evicted in the manner as described above.
Sadly housing policy is as i describe - this is because local authorities have so few properties at their disposal (they have almost no housing stock themselves - as so many were sold them under the RTB) that they have implemented more and more draconian policies re tenants rendering themselves "voluntarily homeless" to prevent them having to re-house folks who they have a legal duty to house.
Shelter is just about the only organisation who can get a judge out at the weekend to write an order to force a council to house a family - but they will also tell this OP to STAY PUT whilst the tenancy agreement is in force - no matter how stressful it is for her.
IF she moves of her own accord the council will NOT rehouse her and her family.
OF course she can negotiate with her LL - to see if a vendor will buy the property with her insitu - but it rather sounds as if OP needs someone to act as her agent to do this for her - and Shelter may well be that intermediary.
i dont like it either - but that is current housing policy0 -
Maybe everyone needs to calm down.
The OP commented here for advice and I understand that everyone is giving that but disagreeing is not helping the OP in anyway, the OP only wants advice, not disagreements.
I must agree with Clutton that if the OP leaves her address at present, on her own willingness then the council have no duty whatsoever to house her and her family as to the homelessness act 2002.
I have had dealings with local councils in the past regarding housing, they try to pass the buck to other councils, thats the way they work.
As I advised before, I highly recommend that the OP contacts Shelter ASAP and also makes an appointment to see her GP, and also contact her local CAB office and see when there own, they should have a housing day where they only deal with housing issues.
The OP has certain rights and those need to be addressed as soon as possible; however as one poster said, she should stop being civil to her landlord, I disagree with this, she shouldnt take on his/hers personal problems however she should still be civil as the landlord maybe able to help her out in finding another place for her and her family.
My advice is to contact Shelter this week and explain everything to them, they are very understanding and wont judge.
Hope it all works out!!!DELETE ACCOUNT.
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Captain mainwaring - you may not like what i have presented as the facts of this tenants legal rights - but i have been a LL for 8 years and i know my Landlord and Tenant legislation inside out. I have seen dozens of Tenancy Agreements in my time - anyone can write one, and a LL can instruct a solicitor to put in clauses which are favourable to the LL and which override tenants rights. Just because a clause is in an AST DOES NOT make it legally binding.
I have told the OP exactly what her legal situation is.
she has now told us that she has an AST till December - this means that she has the legal right to stay until December. Her LL CANNOT get her out (unless she stops paying rent or becomes a hooligan) without going thru the whole long rigmarole i have detailed - AFTER december. If a Tenant does not leave a LL HAS to get a court order to get them out.
HOWEVER, if he is being repossessed by his Lender (and the speed with which he wants to sell makes me suspect this) - then the Lender CAN issue notice far quicker than a LL but the tenant will still have to be evicted in the manner as described above.
Sadly housing policy is as i describe - this is because local authorities have so few properties at their disposal (they have almost no housing stock themselves - as so many were sold them under the RTB) that they have implemented more and more draconian policies re tenants rendering themselves "voluntarily homeless" to prevent them having to re-house folks who they have a legal duty to house.
Shelter is just about the only organisation who can get a judge out at the weekend to write an order to force a council to house a family - but they will also tell this OP to STAY PUT whilst the tenancy agreement is in force - no matter how stressful it is for her.
IF she moves of her own accord the council will NOT rehouse her and her family.
OF course she can negotiate with her LL - to see if a vendor will buy the property with her insitu - but it rather sounds as if OP needs someone to act as her agent to do this for her - and Shelter may well be that intermediary.
i dont like it either - but that is current housing policy
You're missing the point. I couldn't give a damn either way - all I am suggesting is that you catch more flies with honey than you do with vinegar.
Better not to be confrontational if it isn't necessary.
Ages back I had a tenant who didn't pay his rent and thought he could play the game with the old captain, it didn't get him far, I presented him with his bankruptcy petition at work, after that I didn't have to go through the courts to gain possession.
A while back I had a tenant of good standing lose his job and have trouble paying the rent, he called me and let me know, asked me if I was going to kick him out, and because of his straightforward manner is still there 7 years later.
Just a question of how you treat people.
I'm well aware of what an 4rse both parties could be, but it really isn't in anyone's interest to do so.0 -
The OP needs to contact Shelter ASAP and speak with her GP.
The OP also needs to go and see CAB at some point.
I think that the OP needs to get legal advice from someone registered to provide that adviceDELETE ACCOUNT.
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If you are going to be made homeless through no fault of your own the council will have a respoinsibility to house you, please read blue_monkey's post, she was in a similar position and kept us updated every step of the way, learning as she went along and you will find it very useful, sometimes the council need to be reminded what their responsibilities are
Good luck, keep posting and we will do what we can to help
This is the case, this is probably a good chance to get yourself into secure Council /HA accomodation in the long run so you don't have to keep moving, you just may have to go through the hostel route first. BUt generally they try not to put families in hostels unless absolutely neccessary.
Contact the homeless advice dept at your council or Shelter, and don't panic - in this climate it'll take ages to sell anyway and you have a tenancy until December.
Don't agree to go though - you need to be made homeless through no fault of your own and then you can get help.
Take careGrocery challenge July £250
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This is the case, this is probably a good chance to get yourself into secure Council /HA accomodation in the long run so you don't have to keep moving, you just may have to go through the hostel route first. BUt generally they try not to put families in hostels unless absolutely neccessary.
Contact the homeless advice dept at your council or Shelter, and don't panic - in this climate it'll take ages to sell anyway and you have a tenancy until December.
Don't agree to go though - you need to be made homeless through no fault of your own and then you can get help.
Take care
Couldnt have said it better myself, thanks kj*daisy:rolleyes::DDELETE ACCOUNT.
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