So we're being evicted AGAIN!

[OnandOnItGoes]

3rd rented property in 7 years. Been here for 4 years. Had to leave the last two properties as landlord selling, now we're in the same situation again.

Rent always paid on time and properties always very well looked after so it's not that we're bad tenants, just the never ending game we're stuck in.

We left within the notice period of last 2 properties but can't with this one as rents are £500+ for similar properties and much smaller worse properties with no parking/horrible areas are £200-300 a month more and we simply can't afford it or find one which we are successful for as they seem to only want 'professionals' in high paying jobs.

Council have been no help and have said as both DH and I work, we need to find another rented property. I can only work part time in a low paying admin job due to caring responsibilities as need to be on hand for disabled DC for school drop/pick up and after school as no after school care (teens). We have no family support.

Also worried about being put in temp accommodation as around here it seems to be adapted office blocks with lots of anti social issues. Also as we work I understand we'll have to pay a lot for it!

Section 21 expires on 15th May and I'm aware Landlord will start court process for possession as he's very keen to get us out and get it sold. I assume he'll use the accelerated procedure as he's a professional landlord with lots of properties and is selling most of them I believe.

Does anyone know how long we may have before bailiffs? We're in the South East. I've already looked into storage facilities so we can empty the house but we have no family to stay with so not sure where we'll go from there.

Of course we will continue looking for a property and continue paying rent but any advice on timeline will be helpful if anyone has been through the process recently?

The stress is unbearable and much worse this time due to the current rental market!

Lots of landlords are selling as it's been made financially unattractive. Prices will increase. The council will not help till you are homeless. Moving out to an airbnb will be seen as making yourself voluntarily homeless and they won't have any obligation to help you.I think you have to stay till eviction if you can't find anywhere.

There isn't usually as lily a physical court hearing to appeal at!!!

It's just paperwork for bailiffs etc

Having read Labours proposals above there will be lots more LL selling up if they win the GE as predicted.

What are you planning to do OP?

After reading what Starmer proposes for BTL I think many more landlords will be moving on making a bad situation even worse

Everyone hates landlords so everyone cheered when George Osborn shafted them with his tax changes. Result: shedloads of landlords just got out of the game, accelerated by interest rate rises. And the consequence was: far fewer houses to rent and seriously increased rents. How's that for unintended consequences?

In Wales there was a rush for evictions and houses were sold because of the new rental contract, the removal of section 21 etc. You can spot them coming on the market because they're unfurnished

Not sure if we can argue the S21. Annual gas safety check had always been late by months but is currently valid. No carbon monoxide detector. S21 was issued as soon as current tenancy agreement expired a few months after some major repairs had to be done (not our fault, no maintenance had ever been done on the property) so not sure if we can argue ‘revenge eviction’.

We have 2 disabled DC so could argue extreme hardship as can’t find another suitable property to give us 6 weeks rather than 2?

I did ask the landlord to give us until July/August so DC can finish out the school year then we can move further out but he said no.

I have just got an email from the letting agent who have said they will start an accelerated possession if we’re not out by the 15th.

We get an chance to defend an accelerated possession don’t we? Is there no court hearing?

I looked at AirB&B last night. £5k plus per month! Was that really a serious suggestion?

George Osbourne who he himself was a landlord what a total mess

It sounds like their only other option would be being street homeless. Many councils view those who don't wait for baliffs as having made themselves intentionally homeless, which means they have no duty to help.

Obviously there are serious consequences to overstaying, but equally they have no other alternative.

Tenants have no moral duty to landlords, though.

Why can you not afford 1800 on your salary? Between you you earn enough surely?

Air bnb is ridiculous, I hope a lot of those properties price themselves out of the market.
I don’t know the answer to your last question but you could post on
Landlordzone forums, residential letting board. But a word of warning, some of the landlords on there can be rather thuggish. However they know their stuff and you should get a correct answer.
Personally I think the Liz Truss fiasco has a lot to answer for, her idiotic mini budget set mortgages rocketing and wiped billions off people’s savings and pensions. landlords tend to be an older demographic and many are having to re assess their finances. I wish you the best of luck

Can you not buy something, anything ? I had to buy an absolute dump for 3.5 times my salary in the arse end of nowhere, live in it for 2 years and paint it. Sold it for £45,000 more, we now live in less of a dump.

@OnandOnItGoes I saw your comment about the temporary accommodation and I wanted to let you know that the chances of being housed (especially temporary accommodation) in your local area are extremely slim. I've known people be rehoused under temporary accommodation hours away from where they live. Its basically the councils way of shifting responsibility to another council. Temporary accommodation isn't always a house or flat (that's only if your lucky) usually it's a hotel/hostel or b n b your case would probably be a family hostel but they can and do split families up if they have no space for you all.
Council wont help you until you are physically homeless and with absolutely nowhere else to turn. Also another thing is when people say they have a duty to house you, they actually don't, they have a duty to house the children so that could be temporary residential care. It all depends on the reasons for eviction and what's available at the time.
So for example I'm already a social housing tenant, I'm not happy with where I live if I hand my tenancy in I've made my self intentionally homeless and the only duty the council have is to house my children and not me. If I got evicted from my house again depending on reason they don't have a duty to house me.
The housing crisis is out of control. Its not like 10 years ago when I got my 1st social housing house (home swaps are amazing I can move anywhere in the UK) where you would be guaranteed a house on the bidding list.
My advice would be too look at other counties the further up north you go the cheaper the rent. Having SEN children unfortunately doesn't make you exempt from possibly having to uproot your entire lives and move away. Sorry your going through this.

If they can't afford an extra £300 a month they're unlikely to have a deposit handy

Also this voluntary homeless thing ... the council will huff and puff about it but actually they will still house you. Happened to my cousin. They said you've voluntarily made yourself homeless. Pause. She said nothing. Longer pause. Then they admitted with children they still had to house her.

Have you actually spoken to anyone and tried to negotiate a decent price?

There is no automatic hearing but yes you get the opportunity to reply to the claim/defend the claim. Form N11b and there is a section towards the end where you can provide info on the exceptional hardship you will suffer. It is following filing of this and/or request for a possession order from the landlord that the judge will either make the order with a date for possession or list it for a hearing at which you will have the opportunity to attend and for free legal representation.

The date for possession whether that is given with or without a hearing must pass before a warrant for bailiffs to evict can be issued.

100% mortgages are available according to other threads.

are these ex rentals selling, or are the LLs expecting too much £££?

Were you then liable for the landlord fees for court and bailiffs? And is it on your credit record?

Not sure if we can argue the S21. Annual gas safety check had always been late by months but is currently valid. No carbon monoxide detector. S21 was issued as soon as current tenancy agreement expired a few months after some major repairs had to be done (not our fault, no maintenance had ever been done on the property) so not sure if we can argue ‘revenge eviction’.

I assume you've been through this checklist? https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid

We have 2 disabled DC so could argue extreme hardship as can’t find another suitable property to give us 6 weeks rather than 2?

I have just got an email from the letting agent who have said they will start an accelerated possession if we’re not out by the 15th.

We get an chance to defend an accelerated possession don’t we? Is there no court hearing?

You will need to fill out the defence paperwork as there will not automatically be a court hearing
https://england.shelter.org.uk/housing_advice/eviction/challenging_a_section_21_notice_in_court

I did ask the landlord to give us until July/August so DC can finish out the school year then we can move further out but he said no.

I'm so sorry your landlords are cunts. On the plus side, there's sod all chance that the bailiffs will be on your doorstep within the next two months, so if you stay past the end of your notice you'll be there until the summer anyway.

Accelerated procession order means the s21 is all ok ie valid.
However after you receive the accelerated procession order you have 2 weeks ( 14days, no idea if this is working days ) to make a claim against it. ( ie the accelerated part )
Given your circumstances with disabled children the judge may give you longer to move out. ( 42 days ). But you can’t stop it.

I'm eager to hear from all the posters that have been keen to see this downturn in the rental market though. Maybe they have some advice for the OP?

Oh wow @3BSHKATS I hadn't seen that, sorry! In that case it's a no brainer, surely!