About to be homeless

messymess

Hi all
I'm desperately in need of some advice here. Basically my landlord is selling my flat as his father is seriously ill and he needs the cash to help look after him, which I can totally understand. But this now leaves me and my 2 kids without a home. I only work 16 hours per week so I wasn't able to find anywhere privately to rent (nobody would have me as I wasn't working full time) and I can't afford a deposit and a months rent in advance anyway.
I'm just wondering if anyone can help with the council housing process. I'm concerned that the council will say I made myself intentionally homeless as I owe £600 rent arrears (this is due to me just having started this job, I haven't been paid as yet), though my landlord has said he will do all he can to help me and he will make it clear to them that I am only being asked to leave as he desperately needs to sell up for his father's care. The homeless process is so frightening, I have suffered mental health problems in the past and the stress of this situation is causing it all to come back. I don't know where the council will house me on a temporary basis, I don't know how I'll get my kids to school so I can continue to work. The stress is really taking it's toll. Any advice greately appreciated

pinkshoes

You should go to the CAB (citizen's advice bureau) and ask for advice there, and they'll tell you exactly what you can do, and give you as much advice as possible.

It might also be advisable to speak to Shelter.

SuzySu

Firstly, Messymess, get yourself down to your local Council, Housing needs department and put yourself and your children on the list for a council property and they will also give you some excellent advice. Take your passport and your children's passport (for ID purposes) and any proof of current address, bank statements - any paperwork you have. They have a duty of care to house you if you have children and you find yourself homeless. TBH if you really can't find anywhere they may put you in a B&B, but this also depends on where you live and the properties available.

Please......ring them this morning and make yourself an emergency appointment. Take care and please don't stress about this....they are there to help you and you will come away feeling a lot better informed.

Keep us posted and stay on these boards for plenty of great advice.

tbs624

You need to get some advice with this - sitting worrying about it by yourself won't help: Pinkshoes suggestion is a good idea - Shelter 0800 0808 4444.

Also speak to the Tenancy Relations Officer at the local council's private sector housing team - the dept is always busy but you can phone to make an urgent appointment,especially if you are about to lose your home. You don't mention what type of Tenancy Agreement you have and whether you are still within the Fixed Term? Unless you have already done so don't agree to anything with your LL until you have had some professional advice locally.

BenL

He maybe "trying" to sell the flat.

It could take months and months in the current market so you may have some breathing room to relax and take some advice.

Unless it is going at a bargain price chances are it won't be moving for a while.

Good Luck

Ben

clutton_2

when did you sign your last tenancy agreement ?

messymess

Thanks for the replies all.

I called Shelter and have arranged an appointment for Monday.
I also went in to the council armed with a whole load of documentation today (they had previously told me to go away and come back for my appointment today). The woman I spoke to seemed harassed but she wasn't awful to talk to. I explained the situation fully, also informing her of the rent arrears, but she just skimmed over that. She didn't seem too bothered by it, which surprised me, perhaps she's waiting until she speaks to my landlord before deciding if I'm intentionally homeless. She said the notice to quite seemed fine and I'd get a letter soon of their decision. She also said that I have to just show up on the day I have to leave my flat and they will arrange a temporary flat for us.
I can't help thinking that if they had just seen me the day I turned up with the notice to quit in the first place, then a whole stint in temporary accommodation could have been avoided. But then I suppose they don't want to deal with you until you're actually out on the streets. I am even more panicked now, I thought she would be able to tell me where I am supposed to go on the 1st. Now I don't even know where we're moving to!

I have spoken to my landlord about this, he said there unfortunately isn't any give in the situation. I have to move out on the 1st.

Trollfever

From the information given this sounds like an illegal eviction to me.

Some CAB advice:

http://www.adviceguide.org.uk/index/family_parent/housing.htm

And more help here:

http://www.clsdirect.org.uk/

clutton_2

i have to move out on the 1st - (I assume you mean 1st July ) utter utter utter rubbish


a landlord needs a court order to get any tenant out of any rented property.

the LL has apparently issued a Notice To Quit - you can quite legally just ignore it.

The LL will then have to go to the local county court and pay £150 to ask the judge for possession of his property.

This may take several weeks for the judge to make a decision as courts are very busy.

The judge may well give you 1 month to leave.

EVEN THEN you do not have to leave - the LL then has to go back to the court and ask for a Bailiffs Warrant - the judge will take another short while to deal with the request, and the Bailiffs are busy - so it will be another few weeks before the Bailiffs turn up to turn you out.

if you leave voluntarily before the Bailiffs arrive - or before the local authority has offered you alternative accommodation - you will be seen as having made yourself VOLUNTARILY HOMELESS - and the council will NOT rehouse you.

try not to panic - all this takes a lot of time - several months.

as i asked before - when did you sign your last tenancy agreeement and please type out here what the Notice to Quit Section 21 actually says - as i think you have been given very poor information by the council advisor


BUT - the council may well try to wriggle out of their responsibility to to rehouse you and your kids by claiming that the arrears are the reason that you are being evicted - so you need something in writing from your landlord - even a text - to show that he wants his house back for his own reasons and not because of the rent. If there is any way you can start to pay off some of these arrears now - it will help your case.

how do you pay yoru rent ?

When did you move in and how much deposit did you pay ?>

Tassotti

Clutton, your intentions are honorable, but I do wish that you would stop advising tenants to stitch up Landlords.

Tenants' problems are not Landlords' responsibilities.

A section 21 is enough to show that the OP will be homeless and the council will sort it out.

The LL may be lying about why he needs to sell, but that is none of our business. If he canot afford the repayments, and the lender reposseses, the tenant will be out in a couple of months anyway....

..But who cares..the tenant gets rehoused..the LL is b.uggered for thousands.

silvercar

How much notice did your landlord give you?

Have you paid him a deposit? Is it protected?