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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:
annielouise · 19/05/2015 17:51

Absolutely stay put arieschicke. Your LL should have factored this in. Your priority is the kids. Wait to be evicted. Don't leave on the day the LL is requesting to go into B&B. Between then and being evicted a suitable property might come up, especially if all aware of your kids' sn. As Redrug says the council dont' make it easy, I've experienced it myself they make it sound bad to make people that can help themselves sort something out. It's horrendous but keep your eye on the end goal - a stable house for you and your kids. My friend that went through it ended up with a newbuild 3 bed that's lovely and a home for life.

Purpledahlia88 · 19/05/2015 17:52

Do not leave the house! I made the same mistake a few years ago and the council said I was intentionally homeless and did absolutely nothing to help me. Had to move in with family until I could save enough for a deposit and find somewhere to rent which accepted DSS.

CharlieUniformNovemberTango · 19/05/2015 17:52

It's a horrid system for all involved but it's he way the council have decided to play it really.

It is designed this way to keep the numbers down. They basically hope to scare you into sourcing your own housing. They get to keep you 'off the list' for as long as possible because they have timing targets to meet so you can't co on it from the start of your notice as it cuts out 8-10 weeks from their target.

Also, the court cost are awarded to the tenant. If your deposit is in a scheme then the Landlord can make a claim for them to cover that.

If your deposit isn't in a scheme the court may not proceed and require him to put it in one and then reissue your notice by the way.

sharonthewaspandthewineywall · 19/05/2015 17:54

It's true you need to sit tight until you are served with an eviction notice.
I've seen first hand parents stuck private renting which they can't afford as they left before they were evicted and the council deemed they have made themselves intentionally homeless.

Original poster
arieschicke · 19/05/2015 17:54

purple had the council offered to out you in a bnb before you left?

OP posts:
Original poster
arieschicke · 19/05/2015 17:56

so in effect are the council trying to trick me into becoming intentionally homeless? as they have told me to move into the bnb.

OP posts:
stubbornstains · 19/05/2015 17:59

I just wanted to let you know that not all councils require you to be evicted before housing you- it's a council-by-council policy. Mine was willing to "accept us as homeless" within 28 days of the date we had to be out. So, it might be OK- I would seek clarification with your council. Have you got a relationship with a particular housing officer? (I know that's rare nowadays, but you might be lucky).

fiveacres · 19/05/2015 18:00

What would actually happen if someone did leave, thoug, with children?

They do have to house children don't they?

LaLyra · 19/05/2015 18:01

The landlord won't get any recompense from the council because he doesn't have a contract with the council so his/her expenses are nothing to do with them (bitter experience talking there).

Also if your LL does go to court for eviction be aware that he can go to the high court for enforcement which means the first date you get given can be supeerceeded and you'll get no notice about the baliffs turning up. So asap put all your important documents together. Make sure you know that if you have to leave right away (the locks will be changed, you'll be allowed to collect your stuff later, but you can end up with just an hour or so to get organised) you need to take x, y and z. Have a plan for storing other stuff. People are often caught on the hop with this because they think once they get a court eviction date that is it. Make a list of phone numbers of contacts at the council and keep it somewhere handy.

ChazsBrilliantAttitude · 19/05/2015 18:03

They may not be trying to trick you, it may be more of a case of someone trying to be helpful without knowing all the rules. If they say you can move into the BnB on the date the landlord requested then ask them to put it in writing. Do NOT go on what anyone says verbally, you need a proper written offer which you should accept in writing.

I knew someone who nearly lost a council property because they said "they would think about it" at the viewing and that got recorded as turning the property down. Luckily they put in a written acceptance that day and a stiff letter from a law centre sorted the mess out.

GrimbleGrumble · 19/05/2015 18:04

You should not be intentionally homeless if the council offers you somewhere and tells you to move there. But you should get advice now about whether you can avoid b&b and get the council to provide somethibg more suitable. Don't refuse any offers without getting legal advice though. Don't rely on what happened to other people - everyone's situation is different even if it might look similar. You need specific advice about your case.

pod78 · 19/05/2015 18:04

Don't act on anything the council says unless it is in writing.

Obviously it is bad for your landlord but it doesn't mecessarily mean he will lose the sale - the buyer might postpone giving you more time to find somewhere in private rented.

This is a terrible thing happening to many, many families many of whom have genuine need and have been good tenants. It is just wrong and inhumane.

Please can everyone who is on this thread take the time to write to their MP and councillors about this situtation. We HAVE to get the law changed.

birobenny · 19/05/2015 18:07

Shelter were right re staying put for the now but just to clarify - you should stay put until you have notice of the date for the eviction which will come in the post from the court- you do not actually have to wait until the bailiffs turn up. The council will not class that as intentional homelessness

Gruntfuttock · 19/05/2015 18:07

"Please can everyone who is on this thread take the time to write to their MP and councillors about this situtation. We HAVE to get the law changed."

How about Tweeting MPs with a link to this thread? They're very media savvy these days and it may get a much quicker response. I'm not on Twitter myself, but I'm sure many readers of this thread are. Campaigning journalists might find the thread interesting too.

pod78 · 19/05/2015 18:11

Both I think eh Grant!! I don't do Twitter myself.

The Guardian take an interest in renters' difficulties/ housing issues. Shame we've only just had an election Sad

Icimoi · 19/05/2015 18:11

I'm sure the landlord is perfectly aware of the situation with the council, the solicitors dealing with the sale will have advised him about it. I agree, get the council's offer put in writing, contact them to tell them when the LL wants you to move out and ask them for confirmation of what arrangements they will have in place on that date. If you don't get it in writing, don't move. Keep the LL informed of what you are doing and the advice you have received from Shelter.

LaLyra · 19/05/2015 18:12

This threat highlights exactly why you need to get everything in writing from the council and check their individual policy.

In my area you are classed as intentionally homeless unless the baliffs are on your doorstep. Some other places take the eviction date.

Check, double check and get it everything in writing.

This is what needs changed first and foremost - there should be ONE policy for this so that people know what to do. No wonder people are confused when it varies so massively!

Original poster
arieschicke · 19/05/2015 18:12

I do have a specific housing officer but he is very very difficult to get hold of. He and another officer (temp accommodation) verbally offered me the bnb accommodation for when the landlord wants us to leave. This is so confusing. I might try and go back in there tomorrow to ask for the offer in writing. its difficult though as one dc has a sickness bug and is off from school :(

OP posts:
AlpacaMyBags · 19/05/2015 18:15

This reply has been deleted

Message withdrawn at poster's request.

Original poster
arieschicke · 19/05/2015 18:17

ok thanks everyone I will go back to the council and ask for the offer in writing. Thanks so much!

OP posts:
annielouise · 19/05/2015 18:18

Why try and get the B&B offer? Why not wait to be evicted and see what's on offer then? It might be a B&B but due to a further time in the system waiting where you are now to be evicted somewhere more suitable might come up, especially if you present them with more evidence of your kids' sn.

pod78 · 19/05/2015 18:19

Do you have an email addres for him arieschicke? Or perhaps you could ask for his email address? He might have time to drop you an email rather than write and post, and it would save you a trip.

Damnautocorrect · 19/05/2015 18:32

annie it generally goes
Eviction date (council ignore)
Bailiffs sent round
council sit up, find you a b &b for up to 6 weeks (could be anywhere).
Council temporary house you
Council permanently house you (my council are currently sending people 2 hrs away).

I don't think the op is 'settling' for B and B option, it's just the process to get housed if you can't get a private rental.

bedelia · 19/05/2015 18:37

How would the B&B affect your children, in regards to their SN's OP? If you would have anything to prove it could have a negative effect, such as Statement of SEN, diagnosis letters, DLA forms, take them with you tomorrow. You might also need to think how it could affect them if they have a school named on their statement(s) and you are rehoused far away - the LA would still need to organise transport to get them to school, which could influence where they offer you to stay (in order to avoid a different town, for example).

Fingers crossed for you, I hope for all your sakes you're able to resolve this soon.

MonoNoAware · 19/05/2015 18:40

What a horrid situation you (and your LL) have been put in.

I look after my parents' rentals and, sadly, this is one of the risks inherent in being a LL. Whilst it's not morally right to stay beyond your notice period, neither is it morally right to make your DC intentionally homeless. You are stuck between a rock and a hard place. I would be inclined to listen to the experts, but keep your LL informed with what is going on and pay for any additional time you spend in the property.

Best of luck to you and your DC.

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