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Landlord bankrupt - having to move - do I have to move DS out of existing primary school?

(13 Posts)
wheredidmyoldlifego Sat 29-Aug-09 13:17:28

Long story but our DS starts reception in 2 weeks - has been up for visits etc, bought uniform and after a terrible 18 months where DS has fought cancer and so far winning, now had a voicemail at 5.29pm Friday from administrators giving us notice that the bank is now selling the house and we have to leave by end of October.

Here's the dilemma - if we cannot find a house in this area, then are we able to rent about 1.5 mies away and still keep our DS in the school? He's been through so much this past 18 months that we want to be able to keep things as normal as possible for him.

It is an emotional time anyway as we never thought we would see our DS make it to start school but do we have to live in the same area as rental around here are few and far between - and if not, how do we find out where we have to live in order to keep him in this school and minimise stress as much as possible?

kinderfool Sat 29-Aug-09 13:20:51

As far as I know as long as he's registered at the school already you live where you like - as long as you can get him to school and back. Possible issues for the future about playdates and stuff like that but sounds like that's the least of your worries right now.

Rachmumoftwo Sat 29-Aug-09 13:27:24

They can't take his place away now he has it, even if you move. People travel a lot further than 1 1/2 miles to school around here so don't worry about it.

Sidge Sat 29-Aug-09 13:27:39

I'm not sure how it all works legally, but as you will be resident in the area when he starts school, and didn't get the place fraudulently, then moving shouldn't mean you lose the place as far as I know.

We moved house about 3 weeks after DD1 started school, and kept in her in that school without any problems.

LadyMuck Sat 29-Aug-09 13:28:21

I think that firstly you need to consider whether or not you would want him to start at a school closer to where you will live.

But, assuming that the LEA isn't on a crackdown against false applications, you usually wouldn't have a problem in moving house whilst keeping your ds at the same school.

clam Sat 29-Aug-09 13:32:50

But it wasn't a false application. And even if there was an issue about living locally, I think you qualify for "mitigating circumstances." Don't worry about it.
Glad your DS is winning his battle.smile

wheredidmyoldlifego Sat 29-Aug-09 21:31:20

Thanks so very much ladies (assuming you all are) - things are hard right now without having found this out about the rented house we're currently in - we were all just about starting to think life could be a little bit more normal despite our DS already having 3 appointments already set for more hospital tests (MRI scans under general anaesthetic and chest Xrays) over this next two months and then another 3 the following three months, and that's so far!!

Thank you so very much once again. Understand the valid point made about playdates which may pose a problem but hey, if he is settled and has a few nice friends who he enjoys being a normal child with, then that will make me smile.

gingernutlover Sun 30-Aug-09 17:12:49

agree with everything said so far.

Probably worth keeping bills etc with your current address on dated when he started or a letter saying why you had to move so that should some stickybeaked stirrer try to say you shouldn't have got a place then you can prove them wrong.

I work in a school and you would be amazed at how some people can be nasty and accusing with no proof. Not trying to scare you because you are doing nothing wrong at all but might be an idea.

Also, did the reception teacher come to do a home visit? Then they have seen your house.

Also, would say 1.5 miles is fine for a distance from school, its even walkable if you needed to. Good luck to your ds with starting, he'll be fine I'm sure.

senua Sun 30-Aug-09 17:24:50

Are you sure that you have to leave? Get advice from Citizens' Advice on your rights - I wouldn't move out on the say-so of the administrators.

katiestar Sun 30-Aug-09 20:16:57

No , its only if you deliberately lie when you fill out the application form that a place can be withdrawn.So you are fine !

Tortington Sun 30-Aug-09 20:20:04

i think the very first thing you should do is ring shelter england and make sure of your legal housing permission

england.shelter.org.uk

wheredidmyoldlifego Mon 31-Aug-09 00:50:44

Well just to tick off a few things - we moved in 2 months after son was diagnosed with aggressive cancer as it was close enough to the hospital as we spent most of last year there and plenty of nights and days there this year which will continue for many years to come.

We applied and got a place in local primary - applied October and got letter about place soon after (cannot remember when) - been to see leadership team there to explain on-going cancer treatment and follow-up requirements / impact on the school and our son, plus DS has epi-pen for nut, egg and seed allergies - so discussed all this with school in June.

Reception teacher (who is lovely) coming to see us in ten days so will see the house then.

So we definitely have not applied and got a place for our DS on a fraudulent basis at all - if we were inclined to do that we would have moved to a different part of town maybe but the school is lovely and very welcoming.

As for evidence, we have all our bills and tenancy agreements in place plus letters from the administrators giving us notice so if 'others' decide to cause problems by accusing us of deliberately moving here to get him in to this particular school, then so be it - they obviously have nothing else in their lives to fulfill them.

Having a child with cancer and only a 50% chance of reaching his 9th birthday is more than enough to deal with than setting up some elaborate scheme to get him into this school.

wheredidmyoldlifego Tue 01-Sep-09 17:20:07

Now there's a twist - have checked our tenancy agreement over the weekend and we're not sure the bank / administrators are allowed to evict us as our assured shorthold tenancy agreement runs until next July 2010 - and the contract says they can give us notice of two months but only at the end of the contract?

So how can the administrators say they can give us 2 months notice / evict us to leave by 31st October? Surely that's not legal and we're protected by our tenancy agreement?

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