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to stay in current house even though landlord has asked us to leave? dilema

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MNHQ have commented on this thread.

arieschicke Tue 19-May-15 17:13:03

I am a single parent with 3 dcs. 2 have complex sn.
2 months ago ll served me notice as he is selling the property. I have been trying to secure a private rental with no such luck.
The council have advised that when we leave we will be placed in bnb accommodation, then temporary house or flat share and then after approx 6 months we could be successful in bidding for a council property.
now my ll has sold the house and is exchanging contracts in 2 weeks. has asked me to leave by then. council have advised we will be placed in bnb. shelter have advised me to stay until the court evicts us, which means another 6'8 weeks here but the landlord could lose the sale.
I really can't decide what to do. any advice would be really appreciated.

annielouise Tue 19-May-15 17:15:04

I think you have to stay. You can't make yourself homeless with kids and if you did it could lengthen the process. That's the way it goes when renting your property out. You're not doing it to be horrible to him and he'll have to accept that. Good luck. I hope it works out for you soon.

WalterMittyish Tue 19-May-15 17:17:41

I appreciate that your situation is not pleasant, but I don't think it is fair or morally right to sit tight and let the landlord lose the sale.

You're not going to be homeless, the council have said as much, so I don't feel that jeopardising ghe sale of the property is the right thing to do. You dont know the landlords financial situation - a lot could hinge on this sale.

SolomanDaisy Tue 19-May-15 17:17:49

The buyer must know there are current tenants and will have paid less for the house because of it, so I doubt the landlord will lose the sale. The buyer's solicitor won't let them exchange unless you have moved out.

madreloco Tue 19-May-15 17:17:50

You have been given proper notice. You will be squatting if you stay, and will lose the sale for the landlord, and cost them a lot of money. And then a lot more money to evict you.
And then when you are evicted you will still be placed in the same accomodation as you would be if you left when you are supposed to.

Why would you cause so much trouble for no real benefit to anyone?

SolomanDaisy Tue 19-May-15 17:19:35

She is forced to cause the trouble because of the current law. If she moves out without being evicted through court the council can say she is intentionally homeless and refuse to house her.

Littlemonstersrule Tue 19-May-15 17:20:43

Why would you cause so much hassle for somebody that let you rent a home?

Beyond me as to how others treat people, squatting after failing to leave after the notice period causing untold costs to the landlord. No wonder they are so picky as to who they will rent too.

FuckingLiability Tue 19-May-15 17:21:00

Message withdrawn at poster's request.

annielouise Tue 19-May-15 17:21:34

Ring Shelter to clarify this. Don't make yourself homeless, I've heard the council have less of a duty to rehome you if you do.

KoalaDownUnder Tue 19-May-15 17:21:58

Surely if you move out because your landlord evicts you, the council can't say you're 'intentionally homeless'?!

SolomanDaisy Tue 19-May-15 17:22:42

People really shouldn't comment when they have zero idea what they are talking about. The advice shelter has given is spot on, which you would expect as they are actual experts as opposed to random internet people.

FreeSpirit89 Tue 19-May-15 17:22:56

I would personally leave. Your landlord won't provide you with a reference should you need one if you cause him trouble.

jacks11 Tue 19-May-15 17:22:57

I think you have to do what shelter advises, there seems little point in seeking expert advice and then not following it. Although i imagine eventually you will be evicted.What are the council saying will happen when you are evicted? Will this get you a house quicker, or will you still have to go to a bob and then temp accommodation?

Don't know much about the process of eviction or how stressful it is for you, so I can't be of much help there

That said, I would be pissed off if I was your landlord, especially if it causes the sale to fall through, so you might have to put up with him being annoyed and not especially helpful while you are effectively squatting, albeit for good reason (although I'm not sating you should put up with aggression or intimidation, obviously). Sorry you're in this situation.

SolomanDaisy Tue 19-May-15 17:23:16

Yes, they can and will.

StupidBloodyKindle Tue 19-May-15 17:23:32

Do Shelter know that the council have already agreed to accommodate you? Also is that guarantee set in stone?
Normally the only reason Shelter tell you to stay put and wait to be evicted (not sure what you are meant to do for references) is because if you leave voluntarily councils say you made yourself intentionally homeless hmm and won't help you. Even then some tenants are there literally being thrown out before said council employee rolls up at the last minute with accommodation offer.
I hate the system and feel sorry for you but as your landlord doesn't seem to be a bad 'un, I think the idea of staying put is immoral.

TwerkingSpinster Tue 19-May-15 17:24:09

You still have two weeks to find a new rental. I'd try to do that, do you want bailiffs to evict you?

annielouise Tue 19-May-15 17:24:28

The LL hasn't evicted her yet though. If she just goes she'll be making herself homeless and the council might decide to get SS involved, which might happen anyway, and put the kids in foster care and she'll just have to go and sleep on someone's sofa. Follow what Shelter have told you, not what most on here are saying.

annielouise Tue 19-May-15 17:25:17

Absolutely Solomon. I can't believe what people are saying here.

pod78 Tue 19-May-15 17:26:49

Sadly if you move out so the landlord can complete the sale you will be counted as making yourselves intentionally homeless and lose priority on the waiting list and not given even B&B accom.

It is a truly immoral way that government/ councils force this as it gives tenants a bad name and makes it harder for those on benefits to rent, but it is written in the law/ guidelines.

The only way round it is to find somewhere private rented. It is shit and I really feel for you. I have been there

Damnautocorrect Tue 19-May-15 17:26:53

You really need to stay put until the bailiffs get you out or your 'intentionally making yourself homeless'. It's bonkers I know. Morally it's not right either, but it's the only way the council will accept your homeless.
I know it's ridiculous and awful for everyone

annielouise Tue 19-May-15 17:27:22

And you don't have to put up with the LL being annoyed with you - that'll be harassment if he starts. There's a process. Shelter knows what it is. If she can find a private rental in the meantime great but wait until he takes you to court.

GrimbleGrumble Tue 19-May-15 17:27:31

This is not a moral question - it is a legal one and you should not take advice from anyone unless they know about housing law. Families do get refused accommodation by councils because they have left 'too early' and unfortunately councils often take the position that they won't provide accommodation until literally the last minute (i.e. the day the bailiffs arrive to evict the family). This is not necessarily correct in law but can be difficult to challenge and you need to get proper legal advice before you leave. Can you go to a local law centre or CAB? I would suggest you do it asap.

In theory temporary accommodation should be provided once valid notice has been served and it is clear the landlord intends to pursue possession however that is often not what happens in practice and you should not leave until you have a confirmed offer of somewhere else to stay from the council. If the council is delaying in arranging accommodation, get legal advice from someone independent - councils often give incorrect advice about their duties to avoid housing people.

Also, families should not be placed in B&B except as a last resort when no other accommodation is available and then only for a maximum of 6 weeks. If the the council is threatening to place you in B&B get legal advice now, especially as you have a child with SN as it may be possible to argue that this is not suitable accommodation for you.

Contact Shelter's advice line if you can't find any advice locally - you need to talk through your situation with an expert as each situation is different and it is impossible to generalise about housing law situations.

Good luck and really sorry you are having to go through this.

Izzy24 Tue 19-May-15 17:27:55

You can't afford to leave because you may well be considered to have made yourself intentionally homeless - ridiculous as that is.

To those who feel it's unfair on the landlord - OP is at the mercy of rules and regs not of her making.

Clueing4looks Tue 19-May-15 17:27:57

My sister has been through this. She got this advice from the CAB. The council will do nothing until you are evicted. You have to wait until the bailiffs come. You should probably start preparing by packing/putting things in storage now as you know it will happen.
If you leave now then the council will say you have made yourself intentionally homeless and refuse to help. They will put your children into temporary care as it is illegal for them to sleep on the street, but not you.

CharlieUniformNovemberTango Tue 19-May-15 17:28:54

If you leave before court orders then you are making yourself homeless.

If your council deem you intentionally homeless then they may decide not to help re-home you.

Yes it's unfortunate for the LL but it's the way the system is and in this case, you need to do what's right for you and your children.

It's best if you are upfront with your landlord about it though.

If your council are saying they will rehome you before a court order then please make sure you have your homeless application in before then. In an ideal world you would want it in writing that they accept a full duty of care towards you but they won't be very forth coming with that.

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