WIBU to move out and take everything

[FarOverTheRainbow]

Bit of background. My OH decided to end out relationship a few days ago. We have 1 DC under 1. I don't want the relationship to end at all, we have our problems and decieded we would give it one last try for each other but a couple of weeks in after telling me he had no intention of ending things he no has. I'm heart broken. We rent a house of his parents and they have said if I stay they will increase the rent to so can't afford to stay so I'm moving out with DD. The tenancy is all in my name. XP has said he is moving in wen I love out so the only things I'm allowed to take is DDs things because he needs the rest. I'm a SAHM mum and he has a good paying job, I think should have most the bigger stuf like fridge, dryer, sofa but he says I have nothing. When we brought anything we both put money into everything and had 1 pit so it was all just "ours" I'm angry I'm being forced out my home with DD and now he says I'm not allowed anything. So WIVU to take it anyway?

Please don't flame me if I am, my heads a mess, I've lost my whole life and now I'm expected to start again from
Nothing while he has everything

I've been thinking my rent is due soon and I pay from one date until the next colander month but I'm being evicted almost a week before the end of the month I've paid for, do I have to pay the full month?

Do you have somewhere to go on that date? Did you pay a deposit for the house? I am concerned that you are doing what they say and you are going to end up in a very bad situation. As you say, you will be paying for the house up to a certain date so you should stay in the house until that date. If you leave early you give them the chance to say that they didn't make you leave, you left of your own free will.

Do you have a signed, dated letter from your LL giving your date of eviction or is it all done through messages from your ex?

I hope someone with more knowledge comes along soon as this sounds so wrong and unfair on you and your LO.

I've even given my eviction notice and its all been seen by the council along with my tenancy agreement and other stuff. The notice I've been given is for the legal period of 2 months and this runs out on the first and ill be paying for almost another week on the house which ovbiously I don't want to do.

I'be registered with the council homeless department and have started phoning them and chasing things up this week but there a nightmare to get hold of

Absolutely only pay for the time that you are resident there. Not the extra week.

It doesn't matter what date the section 21 notice is given, the 2m period is as per your rental payment period iirc.

Get this looked at. The date should be one day before payment day, so no, you don't pay that month.

So it's worth phoning the legal aid solicitor number tomrrow and questioning this then?
I'm still waiting for the council to call me back and I in no way want to do anything that could mess them helping me up by moving out a week earlier then I should have. I haven't stayed here for this long for nothing!!

Im surprised you are still paying when you are being evicted. Do you have to?

I think so because the council don't house people with rent arrears and I'm getting housing benefit so if I don't pay it they'll want to know where the money has gone

I would pay the whole amount. If you calculate 3 weeks they might claim that you are in arrears. Be really cautious, you don't know what the real intentions of your ILs are. If they ~only~ want to steal a week's rent from their baby grandchild then that is despicable but if they want to accuse you of withholding rent so that you can't get rehoused then I don't think I have words to describe them. Take care, you are nearly free of them.

I know I'm torn. They'll use anything they can on me but I seriously begrudge paying them for when I'm not here

Surely you would only pay until the date you leave?
Can you ask them to calculate your last payment taking into consideration that you won't be there for the last week?

I would also make a list up of all things that you own between you in the house and make sure you get your half (actually over half to compensate for the telly etc) out of there. Perhaps put it into storage for a while. I think removal people can come and do that for you.

What a cunt to try to leave you with nothing! Don't let him get away with it! If you put it into storage before leaving day he won't know where it is and that'll be that.

Call the housing department everyday. Seriously, with these things it's often the people who are a pain in the arse who get dealt with soonest. Don't be rude, but be persistent with them.

Call the CAB and look on the shelter website wrt eviction orders, dates etc.

Okay ill start calling them every day, what things shall I say to them?

What you have been told to check before:

Rules on dates of notice, access/changing locks/harassment.

You have not done yourself any favours at all by letting this subject roll out to their rules.

You could have lived peacefully, without abuse or harassment, safe in the knowledge that you have rights and they can't abuse them. Taught them a lesson in manners and humanity.

Go and see them at CAB and tell them everything that's happened, from the threats, the eviction and harassment.

It's probably too late to do anything now, but if you haven't already changed the locks, do it, as for them to force you to do anything (as i've said before) they'll have to take you to court, and you'll be long gone by then.

You need to be clear on leaving date, so that you can plan with the council what happens next.

You need to see then what options you have for maintenance, because you'll need it!

The CAB can help you with advice on all this. Time is pressing, and you are not informed.

Make a mistake here and you could pay badly for it.

You've been treated beyond abysmally, and it's not on. So please set this right and get yourself some control back.

What you have been told to check before:

Rules on dates of notice, access/changing locks/harassment.

You have not done yourself any favours at all by letting this subject roll out to their rules.

You could have lived peacefully, without abuse or harassment, safe in the knowledge that you have rights and they can't abuse them. Taught them a lesson in manners and humanity.

Go and see them at CAB and tell them everything that's happened, from the threats, the eviction and harassment.

It's probably too late to do anything now, but if you haven't already changed the locks, do it, as for them to force you to do anything (as i've said before) they'll have to take you to court, and you'll be long gone by then.

You need to be clear on leaving date, so that you can plan with the council what happens next.

You need to see then what options you have for maintenance, because you'll need it!

The CAB can help you with advice on all this. Time is pressing, and you are not informed.

Make a mistake here and you could pay badly for it.

You've been treated beyond abysmally, and it's not on. So please set this right and get yourself some control back.

Hissy I want to move out that's why I'm going along with the dates. I feel trapped here everywhere is memory's . I hate going to bed and being around everything. I want to start fresh and moving out when the notice is up will give me that chance to move somewhere that's mine and make a home for me and DD that I know will be ours forever and no one can take that security away from me. I need that so badly.

Call the department every day, give your name, tell them your situation and ask if they have found somewhere for you to live as you will be homeless in x amount of days.

Work out your worst case scenarios too - what if the council puts you in a b&b for the time being, can you spend the days at your Mum's house? What if the place they offer you is barely habitable? What will you do then? Make sure you are prepared for any situation.

Yes, but you need to move with ONLY your best interests at heart. If they have this wrong, and you leave early, they could have YOU be the one that screws up any help you may get from the govt.

This is why I said to inform yourself, so that if you make a decision on leaving that it's only going to benefit you.

There is time for you to make sure that your next step is the wisest.

You need to be sure that leaving at the end of the eviction period is the best thing to do, or will you need to get them to take you to court and HAVE you evicted.

You need to know the difference.

There is something fishy here with your outlaws, you should have investigated this to use as leverage/payback. Again, there is still time, so for your own sake, get on with the job of getting yourself up to speed.

Change your room around in the meantime, buy a new duvet set, it'll change the tone of your most intimate of safe spaces.

Change the locks, it'll help you feel secure.

Stand up against these vile creatures and fight for the rights that are yours and your dd.

Atm (and I do understand) you've made it all far too easy for them to do this to you.

How do I have it investigated?

I managed to get hold of someone from te council who said I now have a case worker but she hasn't looked at my case and is to busy to speak to me so hopefully she'll have a chance in a few days. I won't be moving out until the council have checked everything ad agreed all the paper work is correct and they will help me

If I refuse to move out then isn't that claiming squatters rights so if I leave the building then they can come in regardless of new locks or not?

If you are a proper tenant and have a rental agreement then you do not have to leave on the date they give you for leaving. In haste as about to leave for school run, but do you have a AST? Have you received a S21 notice? Have you received a court order? Have you receive notice of bailiffs attending from court? You would still be a tenant and not a squatter. Different Acts of Parliament apply.

DO NOT LEAVE UNLESS YOU HAVE IN WRITING FROM THE COUNCIL THAT YOU WILL NOT HAVE MADE YOURSELF INTENTIONALLY HOMELESS

Unless you have the bailiffs turning up to change the locks and if it is a standard AST then you don't need to leave on that date, the council can refuse to rehouse you (as intentionally homeless, as you didn't need to leave) and you could be stuffed.

Have you got your rental agreement to hand? Try calling Shelter, try asking on Property on here or Legal. If you have a standard AST it may not be valid if it doesn't end on the day before rent is due (iirc) and so could be an invalid notice and if you move out you could be intentionally homeless etc etc etc

Councils are making it harder and harder and harder to access social housing. They will use any excuse not to have to deal with you.

Wishing you all the luck in the world. You are being shafted by nasty people and you need to protect yourself and your children. hth & sorry if jumbled. Housing law and rules are complex and don't take into account foul people.

Wow erm what's an AST? I have a tenancy agreement and I have been given a S21 notice to leave the property on the 1st dec and that gave me 2 full months notice from the exact date it was served to me.

That's what I'm worried about leaving and then there being something that wasn't right and then being refused help by the council. I haven't stuck this out for 2 m for nothing. If I refuse to move out then will I still be classed as homeless by the council? Will I still have to pay rent?if I do have to pay rent will I still get the housing benefit from the council? How long will it take to get a court order?

Sorry for the questions.

I don't want to post in legal I did before and got more hassle then help

An AST is an "assured shorthold tenancy" - ie a kind of tenancy agreement. Check what it says on your agreement. It's not just two months - you have to have two rental periods (assuming you pay monthly), when is your rent payment due as that is the first day of each rental period?

OK I've read your other posts now. If the s21 notice ends on 1st but your rent is paid each week on 7th (say - you don't give precise date) then they cannot have given you a valid s21 notice to leave, because to be valid the notice must:
be in writing
be at least two months long (or the amount of time between rent payments, whichever is longer)
end on the last day of a rental period
state that it is being issued under Section 21 of the Housing Act 1988.

(see
england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants)

because your rental period does not end on 1st.

Great, glad you are here Blackbelt (love the NN too!)

Seeking possession under Section 21
How much notice must I give my tenant?

You must give at least 2 months’ notice in writing if you are using Section 21.
Do I need to use a special form to give notice to my tenant?

No, if you are using Section 21 you do not need to use a special form but you must give at least 2 months’ notice in writing. If the fixed term has expired the notice must end on the last day of the rental period and you must explain that you are giving notice by virtue of Section 21 of the Housing Act 1988. You will need to give more than 2 months’ notice if the fixed term has expired and the gap between the dates that the rent falls due is more than 2 months (eg a quarterly rent).

What do I do if my tenant refuses to leave on the date specified in the notice?

You will need to apply to the courts for a ‘possession order’.
How can I speed up the process?

Where possession is sought under Section 21, an accelerated procedure can be used which is a straightforward and inexpensive procedure for getting possession of your property without a court hearing.

In most cases using this procedure the court will make its decision on the papers, and can order possession to be given up within 14 days unless exceptional hardship would be caused, in which case the maximum time that can be allowed is 42 days.

You can only use this procedure if you have a written tenancy agreement and you have given the tenant the required notice in writing that you are seeking possession. You cannot use this procedure if you are also claiming rent arrears.