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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

to stay in current house even though landlord has asked us to leave? dilema

501 replies

arieschicke · 19/05/2015 17:13

I am a single parent with 3 dcs. 2 have complex sn.
2 months ago ll served me notice as he is selling the property. I have been trying to secure a private rental with no such luck.
The council have advised that when we leave we will be placed in bnb accommodation, then temporary house or flat share and then after approx 6 months we could be successful in bidding for a council property.
now my ll has sold the house and is exchanging contracts in 2 weeks. has asked me to leave by then. council have advised we will be placed in bnb. shelter have advised me to stay until the court evicts us, which means another 6'8 weeks here but the landlord could lose the sale.
I really can't decide what to do. any advice would be really appreciated.

OP posts:
Izzy24 · 19/05/2015 17:29

Cross posted with and much better explained by Grimble Grumble.

LaLyra · 19/05/2015 17:29

Speak to the council again before you do anything. You need to ask them directly if you leave before eviction what will happen. If you leave before eviction you may not be entitled to any help as they can class you as making yourself intentionally homeless, which is why Shelter are advising you to stay put.

Double and triple check and make sure the council put it in writing before you leave. Good luck.

CharlieUniformNovemberTango · 19/05/2015 17:31

Also - take all evidence of your DC sn and statements from your HV/school etc as to their specific needs as this can help with what you will be offered.

GrimbleGrumble · 19/05/2015 17:31

Ps if your landlord has a problem with this, tell them to take it up with the council - it is not your fault that the law works this way.

Also, you are not squatting once the notice expires and your landlord has to go through the correct legal procedure to regain possession.

annielouise · 19/05/2015 17:31

Make sure the council know you have two kids with complex sn so that you're priority. Hopefully they won't place you in temporary accommodation because of that. Also, having been through it and seen friends to it's often said by councils in my experience to put people off so that they try and help themselves first, knowing how bad it could be. Get GP letter about kids' sn, especially if b&B would be particularly detrimental to them (although I'm sure it will be upsetting for all kids).

RedRugNoniMouldiesEtc · 19/05/2015 17:32

It's disgusting that the law requires renters to put themselves and their landlords through this before agreeing to put them up for accommodation. Sadly though you may have to do it. Go into the council tomorrow and ask for clarification on exactly what needs to happen for you to get accommodation and what happens otherwise (e.g. if you leave in two weeks) then make your decision. Unfortunately you have to do what best protects your family.

Personally I think this situation is one that should be a hot topic right now as it's spectacularly unfair all round.

GratefulHead · 19/05/2015 17:32

This is a horrible situation for everyone, horrible for the Landlord because he has done all the right things. It's also horrible for the tenant because she has children with complex special needs, as such her housing needs may be specific and there is less chance of finding anything suitable.

Shelter's advice is spot on unfortunately, the system is crap. Fact is that if the OP leaves so that herLL can proceed with the sake quickly, the council will find her intentionally homeless and will be under no obligation to help. With two children who have complex special needs this isn't an option for the OP, she says she has looked and is still looking at the private sector but hasn't found anything so far.

Unfortunately when you rent a home out to someone this is the risk you take, as an ex LL I would never want anyone out one street and intentionally homeless. I don't know what the answer is OP, but I know the system stinks for you and the landlord too.

popalot · 19/05/2015 17:33

The landlord should wait - you are trying to find somewhere else to live! Perhaps he knows someone who will rent to you. Maybe the agency can help? Follow shelter's advice. I feel less sorry for the landlord trying to rush through a sale than a single parent and her children who will be forced to move into a BnB!!! He can wait and so can his buyer. Be honest and ask him for help, ask the estate agents for help. If they want a quick sale they might work hard to rehome you in one of their rental properties...it's in their best interests. Tell them you can't move as you haven't found anywhere to live.

Collaborate · 19/05/2015 17:33

Speak to the LL and explain the advice you've been given. He may be prepared to buy you off. With that money you may be able to secure the rental of another property.

annielouise · 19/05/2015 17:34

Thank god some people came on with good advice rather than the people trying to guilt trip the OP. Grimblegrumble sounds like she knows what's she's talking about.

VivaLeBeaver · 19/05/2015 17:35

I would do what shelter say but maybe tell the LL what you're planning? Not sure if that's good advice but if they know early they can maybe start the eviction process earlier so they don't lose the sale? But you still get rehoused by council.

annielouise · 19/05/2015 17:38

In my friend's case she was at the eviction proceedings as was her LL. He didn't blame her at all, just realised that was the way it was - he was selling her private rental and she had two kids and couldn't get anywhere else.

CharlieUniformNovemberTango · 19/05/2015 17:38

If your Section 21 notice has expired your land lord can put his application in to the court now. The sooner you let him know that is needed the better really.

Is your deposit in a scheme?

jacks11 · 19/05/2015 17:39

Popalot

Actually it is a horrible situation all round. The landlord will have to wait, but he really shouldn't have to if councils acted fairly. The LL has followed the requirements of his contract with his tenant (i.e. given 2 months notice) and we have no idea why he/she is selling. It is possible that he is selling quickly for a good reason and needs to do so urgently. Of course, this is the risk you take when renting out your property. However, I don't think LL rights should be ignored either.

KoalaDownUnder · 19/05/2015 17:39

What a horrible system. I'm sorry, OP. Flowers

NotYouNaanBread · 19/05/2015 17:39

So, hold on a minute. The OP would like to leave this house on the date stipulated by the landlord, and be rehomed by the council on the grounds that she has children with special needs and limited resources. This all sounds fair enough (although not ideal for the OP, obviously), so she is not being unreasonable in any way.

But despite the OP's willingness to be reasonable and accommodating, the official advice from Shelter, as endorsed by the Council, means that the landlord is going to be forced to lose the sale of the house AND incur substantial legal costs forcing the OP out, even though she WANTS to go, just so that the council can tick a box and put rehoming her in motion?

Has any landlord even taken the council to court for this to recover costs? It seems like penpushing is forcing everybody concerned into a deeply stressful and costly situation.

KoalaDownUnder · 19/05/2015 17:42

Exactly my thoughts, NotYouNaan

annielouise · 19/05/2015 17:44

NotYouNaanBread - not a great situation but this is the way it works. The LL will no doubt be aware of it. He'll get his property back. The person he was selling to is probably aware there's a tenant there and these things happen. I don't think the costs for him to evict are that substantial, couple of hundred pounds. He won't lose the sale if he is exchanging in 2 weeks as the buyer will have paid for the solicitor so won't pull out now. there's just a delay.

GrimbleGrumble · 19/05/2015 17:46

Of course the system doesn't make sense but this is what happens when you destroy the housing safety net and make massive cuts to council services - councils do anything they can to save money, including trying to avoid housing imminently homeless families - the costs just get shifted elsewhere of course but that's 'austerity' for you.

ChazsBrilliantAttitude · 19/05/2015 17:46

Either the landlord has sold with you as sitting tenants or was poorly advised. They should have been advised to allow for the eviction process if they wanted to deliver vacant possession (I say that as a landlord). Serving a notice is no guarantee that the tenants will actually go. Especially as it is common knowledge that councils often refuse to rehouse people that leave a property without being evicted.

I'm afraid that you have little option to sit tight and push the council to give you a formal offer as soon as possible.

RedRugNoniMouldiesEtc · 19/05/2015 17:47

It's not so much penpushing as back door limiting the demand. The idea is that, if the system is easy, people will just say "oh I'll have a council house" whereas the current system is stressful, upsetting and costly so people will only go through it if they are really desperate. (Clearly that's not the official positon!) There is some truth in that an easy system would lead to an increase in demand however that in itself doesn't excuse it imo.

Original poster
arieschicke · 19/05/2015 17:47

Thanks for the replies.
just to clarify I do not want to cause the ll any stress or cause him to lose the sale. I have been a good tenant and have always paid on time.
I am really worried as the council have verbally offered to put us in a bnb if we leave on the day the ll is requesting (without court action).
However I have nothing in writing and shelter have told me to stay put until it's been to court.
I have tried so hard to secure a private rental, I have a guarantor who has offered to pay 6 months rent in advance for me but unfortunately I haven't been accepted due to failing the credit checks. (I have a ccj from when ds was diagnosed and I had to give up to work to care for him. I defaulted on a credit card and it went to court as I couldn't afford the minimum repayments.)

OP posts:
annielouise · 19/05/2015 17:47

Exactly Grimble. The council will only act when they really have to. This is why they mention weeks in a B&B etc, to sift out who really needs their help. The whole situation is in crisis.

iHAVEtogetoutofhere · 19/05/2015 17:50

OP I cant add to the good advice you are getting here but I just wanted to say that it makes me want to weep that, in the 21stC, in the 6th richest country in the world, that ANYONE is in this position.

I am so sorry.

what NotYouNaanBread says makes a lot of sense to me.

Nobody wins from this - expense and stress all around.

MisForMumNotMaid · 19/05/2015 17:51

Maybe if you're upfront the landlord about the advise you've received from shelter the landlord could inform the council that as its them stopping you moving out because it would be makeing yourselves homeless he will be seeking any extra costs incurred for eviction/loss of sale/ remarketing from them.

This pressure may be sufficient to get them moving with no extra costs involved.