Terrified I'm going to be homeless

[lollipoprainbow]

I'm so upset and low. I'm a single mum with a 9yr old dd with autism. We have been living with our cat in a lovely flat for nine years. The rent is high but I can't get a mortgage even though it would be lower than my rent. The landlord has decided to sell. Two bed properties in my area are extremely hard to come by, as soon as I was told the landlord was selling I started looking, there is absolutely nothing in my price range. I live in a block of four rented flats but the other three are owned by a separate landlord. I've discovered that an identical flat next to me with be available from April. I got onto the agents to voice my interest and ask if I could be given first refusal for it and was told that as the rent is likely to increase and as j don't earn enough I will need a guarantor which I don't have. I feel so unsettled and unhappy. I just don't what to do. My dd loves her home and I haven't got the heart to break it to her that we will have to move soon. Also the estate agents want to come in and take photos for marketing so she'll wonder what's going on.

I plan to register with social housing on Monday but they advise that homes are so scarce people can be waiting ten years plus to find anywhere !!

While it's true that there's a massive social housing crisis, it's also true that housing officers have been known to say anything to discourage people from trying to get social housing at the moment.

You cannot be told ‘to just go’. They know they’ll be breaking the law if they do this. You absolutely do not have to allow someone in to take photos but if you do want to, can you arrange for them to come in when you’re out? It might be good in terms of keeping everything as harmonious as possible. Regardless, they absolutely, legally HAVE to serve you a Section 21 - they would have to do this if they wanted the flat back for them to live in, to rent to someone else or to sell. It’s in your ASTA. Your LL knows they have to serve this - not mentioning to you means he/she is chancing their arm.

Speak to Shelter. Can’t emphasise this enough.

@FridaRose really?
the OP is facing being homeless and that's your take on it?
Just because ism doesn't help, my granny lived in a 1 bed terrace with 12 siblings, should we go by that comparison and all be happy with our lot??

I must admit I was a bit taken aback by the call from the estate agent they told me they have been asked to market the property but didn't realise I was still living there. I would have thought the landlord would have mentioned there was a current tenant living here !!

I suggest talking to Shelter in your area.

Following is about England and you need to check for other countries. If you have not found anything suitable then you may need to wait and formally be evicted by your landlord for your Council to have a duty to house you. That would mean the landlord going ti court. (Otherwise council may decide you are intentionally making yourself homeless, however see the Shelter information below).

england.shelter.org.uk/housing_advice/homelessness/homeless_help_from_the_council_private_tenants_facing_eviction/when_the_council_must_provide_emergency_housing

I do understand what others are saying about the importance of references and if you find somewhere else suitable that would be ideal.

Ask your LL if they will market property with a fixed tenant. Some LL will do this. Other LL will buy property and not mind a good tenant living there.

@lollipoprainbow

Some good advice here thanks, I do feel that if I stop the agents coming into photograph and show people round I'll piss off the landlord who has been amazing all through the 9 years and they'll just tell me to go!! I plan to register with social housing on Monday but they advise that homes are so scarce people can be waiting ten years plus to find anywhere !! Looking at flats tonight one beds are now going for the same price as my two bed so the rent is definitely going to increase. I think I will contact my MP to voice my anger and annoyance that people just can't afford to rent.

LL can't tell you to go. Please contact Shelter and educate yourself on your rights as a tenant, they're probably better than you think. Tell the agents they can't come round to take photos (unless you can arrange something you're happy with).

And if you do want council help, stay put until the last minute (bailiffs ordered by the courts) but keep paying your rent. If you don't pay your rent you are making yourself intentionally homeless.

And your tenancy didn't end, only the fixed period did. You are now automatically transferred onto a periodic tenancy which rolls from month to month. Remember, only a tenant or the courts can end a tenancy.

@Thoosa

*I plan to register with social housing on Monday but they advise that homes are so scarce people can be waiting ten years plus to find anywhere !!

Adequately housed families and singletons wait ten years. Families with children who are homeless or close to it, get priority. Be honest with them about how few options and sources of support you have.

The reality is that OP will be housed in temporary accommodation and strongly advised to find another private rental. That's what happens in our areas as council houses are so few.

OP, are you in receipt of all benefits you qualify for? You may also be able to get help with a loaned deposit from the council. Or check if any potential landlords would be amenable to the Zero Deposit scheme.

I’m so sorry you’re in this situation. It’s an absolute shitshow that a basic human need such as shelter has been turned into such a profitable enterprise for some. It sucks. I hope some of the advice on here is useful and I send you good wishes.

@loveisagirlnameddaisy I'm in receipt of all benefits and can afford the rent but because my income from work is low they are saying I need a guarantor, it's infuriating.

Can you contact the LL of the other flat that's available for rent in your block direct? The estate agent sounds pretty harsh. The LL may be happy to rent to you as you've got a good record of 9 years trouble free renting? You going to the LL means he doesn't have to pay the estate agent a finders fee. could even ask your current LL to put in a good word for you?

Think I'd look for a one bed flat. I'd put my children the bedroom, and sleep on the sofa bed, in the living room.

I think you are likely to be able to stay there longer if you agree to viewings etc.

If you don't, your landlord could give you 2 months' notice, then he can start marketing it when you are gone

If you do, even if an offer is agreed quite quickly, sales are taking about 4-5 months to go through so could take you through until the one is available in April and your landlord should give you a great reference which could swing you getting it

Agree with pp to let estate agent know you would happily continue your tenancy with a new landlord if someone is looking for an investment property

Good luck

@jackstini I've made it crystal clear to the estate agent that I want to stay in the property or rent the flat next door !! Fingers crossed I'll be allowed to.

@lollipoprainbow

Some good advice here thanks, I do feel that if I stop the agents coming into photograph and show people round I'll piss off the landlord who has been amazing all through the 9 years and they'll just tell me to go!! I plan to register with social housing on Monday but they advise that homes are so scarce people can be waiting ten years plus to find anywhere !! Looking at flats tonight one beds are now going for the same price as my two bed so the rent is definitely going to increase. I think I will contact my MP to voice my anger and annoyance that people just can't afford to rent.

Hi OP Feel for you. Have you asked the Estate Agent if your flat is being marketed as a home or a buy-to-let? If it's the latter, the new Landlord may be willing to let you stay on without a guarantor if your current LL provides him with a good reference. Just a thought

[quote OnaBegonia]@FridaRose really?
the OP is facing being homeless and that's your take on it?
Just because ism doesn't help, my granny lived in a 1 bed terrace with 12 siblings, should we go by that comparison and all be happy with our lot??[/quote]
Facing homelessness or facing life in a 1 bed apt? I'd choose the latter.

@JasperTheHungry

I’m so sorry you’re in this situation. It’s an absolute shitshow that a basic human need such as shelter has been turned into such a profitable enterprise for some. It sucks. I hope some of the advice on here is useful and I send you good wishes.

Sorry but basics human need and shelter does not = two bedroom apartment.

OP should get one bed apt for now. There's nothing wrong or bad with that.

Good god, something has gone very wrong in the U.K. that people might think that a parent and a child are asking too much to have a two bedroom flat. For goodness sake, it’s hardly insane to want to have a bedroom of your own.

💯 agree @Ozgirl75 some of the callous replies are 😳.

OP people on the internet can be well meaning but without substance and it's unfortunately impossible to tell the difference between those who do know and those that think they do. The only piece of advice that matters on this thread is to speak to Shelter. Best of luck to you and your daughter. She's lucky to have you.

I mean, sure it’s better to have a 1 bed than be homeless but it’s not unreasonable for a mother with a nearly teenager child to want a home with two bedrooms.

@Ozgirl75

Good god, something has gone very wrong in the U.K. that people might think that a parent and a child are asking too much to have a two bedroom flat. For goodness sake, it’s hardly insane to want to have a bedroom of your own.

Agreed.

“How the other half live” - as if OP is in a 7 bed flat in central London! Ffs.

OP, if you haven’t been served a valid S21 you don’t have to leave. It’s up to your LL to follow the law on this.

OP. Although your fixed term tenancy has ended this has now become a statutory periodic tenancy. So basically your landlord cannot simply ask you to leave and putting the flat on the market has no effect on your legal rights. The landlord still has to serve you with a Section 21 notice. Please see this link

england.shelter.org.uk/housing_advice/eviction/section_21_eviction/section_21_eviction_process

I would also strongly recommend you read the link below by Citizens Advice because there are many ways that a Section 21 notice can be invalid. Any mistakes on the notice itself or if the landlord hasn’t complied with certain requirements can render the notice as invalid.

www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/if-you-get-a-section-21-notice/

I have received a Section 21 in the past and it was horrible and in my panic I jumped to a new property which was not a nice place (windows falling out etc). So please take your time, read up on your rights and, when you receive your notice I would take the notice and your original tenancy agreement to Citzens Advice or a solicitor or speak to Shelter as they can also advise you. Don’t make any sudden moves until you know the Section 21 is valid.

Good luck.

My S21 runs out on the 25th.

I’m a student and a lone parent - can’t even get viewings and apparently I need a Guarantor earning at least 40K - I have multiple home owner friends who want to Guarantor but none earn over 30K.

I’m not even in an expensive area.

I’m relying on the council to rehouse me - it’s absolutely shit, humiliating and terrifying. I never, ever thought I’d be in this position.

@jackstini

I think you are likely to be able to stay there longer if you agree to viewings etc.

If you don't, your landlord could give you 2 months' notice, then he can start marketing it when you are gone

If you do, even if an offer is agreed quite quickly, sales are taking about 4-5 months to go through so could take you through until the one is available in April and your landlord should give you a great reference which could swing you getting it

Agree with pp to let estate agent know you would happily continue your tenancy with a new landlord if someone is looking for an investment property

Good luck

Please ignore the advice saying you’ll possibly be able to stay longer if you agree to viewings. This has no basis in the law (apologies to the well meaning poster however!).

You can stay until the court ordered bailiffs arrive. I understand this might sound scary but it really isn’t - it’s a well established legal path and they won’t be turning up like The Krays.

You have the absolute legal right to be served a correct Section 21 - this is what is supposed to happen in all and every case where the LL requires the property back. If it’s incorrectly served, the notice is void and will commence again only when correctly served. As I said earlier, check with Shelter regarding the current notice period. It was extended to 6 months at the start of the pandemic but I believe that has changed to 3 months (but Shelter will advise).

If you chose to remain in the property beyond the notice period - which you are legally allowed to do - there is then the time it takes to get to court & there is a backlog.

Speak to Shelter (I repeat!!).

And the PP advise that ‘Only the Courts or the Tenant can end a tenancy’ is bang on the money.

@FridaRose my daughter is autistic did you miss that part ?? She needs her own bedroom and space. When I see the nice homes plus gardens other people have I don't think it's too much to ask to be able to afford a tiny flat with no garden. I've looked around and even 1 beds and studios are the same price as what jm in now. Prices are shooting up. I think it's awful that I have to find a guarantor for the flat next door when I have paid my rent with no issues for 9 years!! How the hell are people expected to live like that.