Have to leave flat and on housing benefit

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  • Afraid_of_Kittens
    Afraid_of_Kittens Posts: 342 Forumite
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    Comms69 wrote: »
    She doesn't have to leave. So let's just get that straight.


    If she wants council help she needs to stay put and be legally evicted.

    My last local authority refuses to help people who do this. We classed them as intentionally homeless as they failed to find alternative accomodation. Especially if they refused to pay their rent during the eviction process.
    I enjoy flower arranging, kittens, devil worship, the study of serial killers and their methods and road kill jigsaws.
  • Crazydennie
    Crazydennie Posts: 231 Forumite
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    Afraid_of_Kittens wrote: »
    My last local authority refuses to help people who do this. We classed them as intentionally homeless as they failed to find alternative accommodation. Especially if they refused to pay their rent during the eviction process.

    When I was in this position the council advised to apply for housing and gave me points for insecure accommodation so I had a better chance of getting a property but also advised that I wasn't to leave the property until evicted as I would be classed as intentionally homeless and to keep paying my rent.

    I think they need to check with their local council what their local housing policy is.
    I'm Ever hopeful!
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  • elsien
    elsien Posts: 32,879 Forumite
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    Being evicted and made homeless doesn't guarantee the council will help unless there are children or vulnerable adults involved. The OPs friend isn't disabled, and give it a few years and she'd be below pension age at 66.
    She needs to be more proactive with the over 55s housing, as already suggested. Is her name on the council/housing association list? If not, she should put herself down even if they can't offer anything at present.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • tomtom256
    tomtom256 Posts: 2,221 Forumite
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    Comms69 wrote: »
    She doesn't have to leave. So let's just get that straight.


    If she wants council help she needs to stay put and be legally evicted.

    OP states notice has been served, so presumably they are being legally evicted.

    Have they approached the local homlessness team regarding becoming homeless as they have a duty to assist?
  • poppy12345
    poppy12345 Posts: 18,049 Forumite
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    tomtom256 wrote: »

    Have they approached the local homlessness team regarding becoming homeless as they have a duty to assist?
    She's not homeless yet and they won't do anything until she is. Even then unless she's priority they most likely won't help.


    Privately renting maybe the only option here.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Afraid_of_Kittens wrote: »
    My last local authority refuses to help people who do this. We classed them as intentionally homeless as they failed to find alternative accomodation. Especially if they refused to pay their rent during the eviction process.



    No that is not what happened.


    You are totally incorrect.


    (clearly you didn't work in the housing dept)


    Intentionally homeless, because of rent arrears is quite common. But every single council in the country has this policy. You cannot be intentionally homeless if you are evicted under s.21
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    tomtom256 wrote: »
    OP states notice has been served, so presumably they are being legally evicted.

    Have they approached the local homlessness team regarding becoming homeless as they have a duty to assist?



    Legal eviction takes 6-9 months.


    notice is step 1 in about 6-7 different steps.
  • MEM62
    MEM62 Posts: 4,773 Forumite
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    Comms69 wrote: »
    No no. pause.


    99.9% of businesses are covered by legislation.


    Want to drive a taxi - get the correct licence.


    Want to serve food - get food standards and hygiene certificates.


    Want to be a gas engineer - get registered.


    You aren't forced to be a landlord and if you choose to be one, you abide by the law. The law states that a tenancy can only be ended by a tenant or by a court. So yes it's absolutely part of the business.


    Any tenant, whether awaiting council help or not, is perfectly entitled to stay until lawfully evicted.

    Based on your own summary my point still stands. It is not part of running a business. In general business is not required to litigate to terminate a contract. This is specific to this scenario and almost exclusively involves tenants on HB. It not desirable for either tenant or landlord.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    MEM62 wrote: »
    Based on your own summary my point still stands. It is not part of running a business. In general business is not required to litigate to terminate a contract. This is specific to this scenario and almost exclusively involves tenants on HB. It not desirable for either tenant or landlord.



    That's slightly pedantic, but ok it's "part of running a business letting property."
  • NeilCr
    NeilCr Posts: 4,430 Forumite
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    poppy12345 wrote: »
    She's not homeless yet and they won't do anything until she is. Even then unless she's priority they most likely won't help.


    Privately renting maybe the only option here.

    My LA got government funding for four posts to assist people to stay in accommodation, if at all possible, if they are facing eviction.

    This team will see people when they have received an eviction notice and will attempt to help.

    I am not saying this is the same in all LAs or they would necessarily be able to help in this instance but I think it's worth contacting the local housing team to see if there is anything they can do. If nothing else they may have a list of local landlords and they may have a fund for deposits
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