I have no idea where to put this - I will be homeless on Tuesday

[TheLovelinessOfDemons]

The landlord wants his property back after DH's death, it was in his name. No landlord seems to want a 57 year old McDonald's crew member and the council won't even try and find me private rented accommodation until Tuesday. I can't ring them until Monday because it's the weekend. I'm panicking because I don't know what to do.

How long a notice period will you have?

You need to contact Shelter.

You can also look into Almshouses.

Have you any family or friends who can help you out?

Have you been served legal notice?

Are the council refusing to help because technically you have somewhere to live until then?

Can you afford to put your belongings in storage so if (as will probably happen, sorry) you end up in temporary accomodation, you dont have to get rid of furniture etc?

Hope your LL lives the rest of their lives with a really embarrassingly itchy anus.

I’m so sorry for your loss OP, please call shelter for advice

I am so sorry for your loss, TheLovelinessOfDemons

My understanding is that if it was your primary residence you should have the right to succeed to the tenancy unless your DH succeeded to it (e.g. if he took it over from his mother, say, when she died). But I am not a lawyer so don’t rely on that.

For some reassurance this weekend, maybe ask MNHQ to move this to legal where there are a few real lawyers who can perhaps give you more reliable information.

Can you afford the rent if you do get to take over the tenancy?
Has your landlord served you with section 8 or section 21 notice?

Just refuse to leave the property (until you’ve clear advice about next steps). He will have to go to court to evict you which can take months and months so will buy you time , and is not allowed to forcibly remove you (it’s a crime for him to do so). So stay put. It may be that leaving is classed as voluntary homelessness so you may need to get an eviction order to prove you are unintentionally homeless. But you need clear advice first. So speak to shelter and your council on Monday but just refuse to leave until then.

I am so sorry you are going through this. SS will not act till you are actually homeless so you will need to contact them as soon as they open on Tuesday morning.
To do now. Start to sort out all your things. Three piles keep, donate, bin. Try and go through everything so you are not trying to transport stuff you don’t want.
Get all important paperwork together with medication and things for a few nights so you have a grab bag for Tuesday. The LL has to let you back in at an agreed later date to pick up the rest of your stuff if you have had to leave anything but if possible take everything with you so you have a clean break from the property.
Have you anywhere you could store any furniture you have? A friends dry garage or spare room?
On Tuesday don’t leave the property until the LL tells you to and gives you an eviction letter to show SS and don’t tell SS if you have found a friend to sofa surf with or they won’t be able to give you temporary accommodation.
Are you male or female? I know it shouldn’t make a difference but does affect your vulnerability. Do you have any mental health problems as again this increases your vulnerability and need for accommodation.
on Tuesday don’t forget to do house moving things like read the electrical and gas meters. Take a photo on your phone of the display so you have evidence that is date and time stamped. Cancel subscription to sky or any other services you have. You don’t want to be shelling out money for these sort of things without using them.
Do you have any money for a deposit? Will you be getting any deposit back on the property the LL is evicting you from? Can you even afford a house share or room in the area you are living in? If you can start looking.
I agree with contacting shelter or women’s aid (if this is appropriate) for advice.
Good luck OP. I think all on MN will be thinking of you on Tuesday and sending you virtual hugs.

Agree with PP I believe the advice is to not leave the property OP, pls contact shelter asap

I'm so sorry for your loss and that you are faced with this awful situation.
Have you been given an eviction notice?
Sit tight and contact shelter on Monday and seek support from anyone you have
around you.

Even if you've been served notice, do not move out unless you've got somewhere to go. That's what the council will advise. If you move out, it will be considered as voluntary homelessness.

It will take the LL months to get an eviction notice and you can use that additional time to find something. Until they get that eviction, they cannot forcibly remove you or you possessions. They cannot enter the property or change the locks.

You can advise LL that you have not found another property and will not be leaving until you do.

Alternatively, to save themselves time and a lot of money with a court order, just ask for more time and as soon as you've found something you'll leave. That's what we did with our previous scum LL.

Good luck OP.

Edit: Just realised I read it wrong - it was the loss of your DH. I'm so sorry for your loss OP, and that you're having to deal with losing your home on top of your grief. Just awful xx

I was in a similar situation regarding the homelessness. I found the council were very slow, but they will only help once you are homeless.

My council advised me to stay put and let the LL go through the eviction process - this buys you time to find elsewhere or negotiate (some councils offer to negotiate on your behalf but not sure how effective it is). The council also should have a service to help you get into the private sector - I couldn’t find another place myself because I was priced out by rent prices and just couldn’t afford it on a single income. They don’t always share this, ask for the best person to speak to about this. My council have a separate person that deals with all of this.

Other Pp have said it all in terms of preparing paper work. If there is anything medical make sure you have evidence. Be prepared to get letters from your GP if relevant.

Sorry for your loss too - can’t believe the LL would act like this during such a hard time for you.

Please contact shelter for advise, as pp has linked to and pisted

it’s not as straight forward as serving you notice, as the tenancy has ended already, the contract isn’t with you.

is the reason the LL wants you to leave as your earnings are low?

this must be so hard for you at such a difficult time

If your outside of London and over 50 -55
look at over 50 -55 avcomodation

you have a much better chance of getting one
and the landlord can want all he likes he can’t get the house back without issuing the correct legal paperwork

dont move out as the council won’t help you

Hi OP. I just wanted to let you know that I was made homeless last October. My circumstances were different to yours but I can give you any information you require on the homeless process.
Im sorry you’re going through such a difficult time and I’m thinking of you xx

If you refuse to move out and force an eviction you will NEVER get a private rental again. If you're OK with this and happy to rely on council emergency accommodation then go for it.

Most councils will have emergency places but they likely won't be convenient for your job, may be in another town or city and you only get one offer. If you refuse they take you off their books.

Chose carefully OP.

Hi OP,
I am so sorry for your loss. Losing your husband is devastating in itself, and being faced with eviction as a result makes it even worse.
I assume that your DH had an Assured Shorthold Tenancy.
Were you never named on it? It’s normally recommended ( to landlords and tenants) that both adults are shown on the agreement.
A tenancy doesn’t end on the death of a tenant. It forms part of the estate, although most are relinquished voluntarily by the executors as it is no longer needed.
I am adding to the previous suggestions that you take legal advice as soon as possible.
It sounds like you have been looking for accommodation without success. How long ago were you given notice? What type of notice were you given? It’s my understanding ( but I am a landlord and not a lawyer, so please check with a qualified person), that Section 21 cannot be applied to you as you are not the tenant. I am not sure about Section 8. Has the landlord accepted any rent from you? If so there could be a deemed tenancy with you and Section 8 might apply.
If you have not paid rent directly to the landlord and a tenancy cannot be assumed then there is a different legal process to follow. It still takes time, but will ultimately end in court action.
If you hope to privately rent in the future it’s in your interest to not let things progress to court action, as it makes it much harder to get a tenancy in future, especially in today’s inflated market. I realise it might not be possible to leave before court action.
Would you consider some type of lodging with maybe one female?
Have you actually spoken to the landlord? Is he fully aware of your situation? Is there really nothing he is able/ willing to do to help?
I hope you manage to work something out.

Sorry but this is terrible "advice". OP does not have to leave the property on Tuesday!

@MrsJHernandez

Even if you've been served notice, do not move out unless you've got somewhere to go. That's what the council will advise. If you move out, it will be considered as voluntary homelessness.'

I agree.

You need to stay where you are OP.

Your landlord will need to get a court order to evict you which will take a while.

Unfortunately that is how councils work, they won't regime you until your landlord has gone through the legal process of evicting you.

Continue paying your rent as before and get urgent advice from shelter and/or citizen advice bureau.

If the landlord harasses you on Tuesday, call the police and they will remind him of the legal process to evict a tenant.