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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:
redstripeyelephant · 19/05/2015 18:47

I really sympathise. I was close to being in this situation. I don't think people realise how hard it is to get a private rental as a single parent. I have a good job, good references etc and 2 children. But I found it almost impossible to get a new house to rent when my landlord put our house on the market- so many agencies won't take tax credits or child maintenance payments into account as 'income' so you fail their 'affordability' checks, despite never having missed a rent payment. And most state 'no dss' so if you don't have a job you've got no chance. Luckily I kept looking and found a small agency that was sympathetic and took us on. I was so scared about being made homeless.

If you have a guarantor, I thought they only did credit checks on them? Can you try another letting agency or look for a private letting on gumtree etc?

annielouise · 19/05/2015 18:48

Damnautocorrect, I think the OP is talking about the council giving her a B&B on the date the LL wants her to leave, i.e. before being evicted so in 2 weeks when he exchanges or completes. I think that's a bad idea. She should say through the process as Shelter says. Hopefully by then a suitable property might come up so she an avoid the B&B as she has kids with SN. It gives the council more time to sort it out. I think she's saying the council have mentioned the B&B if she goes now. Of course, she might still end up in one but if she can gather evidence in the meantime with back up letters from GP and MP regarding the kids then there might be more time for a house, bypassing moving into a B&B now.

Gruntfuttock · 19/05/2015 18:50

This situation is so bad for not only current tenants, but anyone looking for rental accommodation, as it is sure to put of LLs from renting property out if they fear not being able sell in future without the hassle and expense of getting a court order to evict. Hence less rental accommodation available and property remaining empty instead.

Gruntfuttock · 19/05/2015 18:51

^^ excuse typos above please.

annielouise · 19/05/2015 18:53

This situation has been like this for 15 years when I tried to get a council place due to circumstances. There is no supply. Councils are completely under pressure - most are, if not all. You can't get a council place easily at all and this seems to be the only way now - wait to be evicted and then housed.

DancingHat · 19/05/2015 19:02

Letters from professionals who have worked with your children will go a long way to making your needs more visible to the housing officer. Teachers, GPs, specialists all may be willing to help.

Original poster
arieschicke · 19/05/2015 19:04

I have already provided the council with proof of dcs dla (mid rate for ds1 and high rate for ds2). I have given them diagnosis letters and a copy of dss statement. ds has global development delay and spd. He has delayed language and emotional maturity - he acts very much like a baby. His motor skills are also delayed. ds does not sleep through the night and wakes and becomes very upset. He thrives on a very strict routine. He is impulsive and when having a melt down lashes out.

OP posts:
GymBum · 19/05/2015 19:05

What a shitty situation op. I lease property and would never evict a family in your situation however I am not your ll and we don't know the reason your ll is getting rid of the property. Maybe he needs to release equity for an emergency.

What you may need to consider though is. If I (acting as a ll) discovered that a potential future tenanthad previously been evicted, I wouldn't lease my property to them. Unfortunately it would affect my perception of the tenant

PM me if you are in Yorkshire (Pontefract) I may be able to help.

kilmuir · 19/05/2015 19:07

As a landlord I would get you out via court bailiffs. You have been given correct notice. Tenants like you just try another week, another week..

Gruntfuttock · 19/05/2015 19:13

What you may need to consider though is. If I (acting as a ll) discovered that a potential future tenanthad previously been evicted, I wouldn't lease my property to them. Unfortunately it would affect my perception of the tenant

That is a very important thing to bear in mind, GymBum What a horrible dilemma.

annielouise · 19/05/2015 19:14

kilmuir - that's a disgusting post. OP ignore her/him. Kilmuir the OP accepts the LL will evict her. You're not adding anything helpful.

Eviction might be the best thing OP - it means you should eventually get housed by the council. The alternative is private rental for this to happen again down the line - even if you could get one, which you can't. It's stressful but many have been down this route - I know 2 and both are in nice homes now so keep that in mind.

bluebellforest · 19/05/2015 19:15

Full of sympathy aren't you kilmuir
Have you rtft. She doesn't want to be in this situation. Angry

FergalSharkeysfloppyfringe · 19/05/2015 19:16

Whilst I understand the predicament the reality is the transaction will complete, the buyers will vacate their property, they won't be able to take occupation of your property. They are then homeless. Their solicitors will serve a notice to complete on your landlord incurring him expense. He will then instruct bailiffs, costing him more. You will be safe in the property between them and the bailiffs turning up and then it's b&b time. I get its a grim situation for you but you're causing other people expense and distress in going down this route.

Freestripe · 19/05/2015 19:17

I feel awful for the landlord and the new buyer. The landlord could need the money desperately, or maybe the new buyer desperately needs somewhere else to live?

OP, why are you waiting for the council to find you a new place? Why can't you find a new place yourself and pay for it with housing benefit?

SaucyJack · 19/05/2015 19:18

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GrimbleGrumble · 19/05/2015 19:19

assuming the buyers have solicitors they will have been advised not to complete without vacant possession so it's highly unlikely they will be homeless

FergalSharkeysfloppyfringe · 19/05/2015 19:19

I think you need to contact your landlord and see if a long stop completion date can be reached with his buyers. It'll piss him off but probably less so than finding out on the day of completion thAt you're going nowhere. It also gives the buyers a plan b so they have accommodation.

FergalSharkeysfloppyfringe · 19/05/2015 19:21

If contracts are exchanged and the property is not vacant then no completion cannot take place which is fine except if the buyers are selling, their buyers will serve notice on them with interest At 8% above base rate. Which they will pass on to the landlord.

bluebellforest · 19/05/2015 19:22

What would you do in this situation, Fergal?
I don't think you understand at all. This situation is no fault of the op.

FergalSharkeysfloppyfringe · 19/05/2015 19:22

Plus it may well complete and only become apparent that there are still tenants in occupation once the buyers go to move in.

FergalSharkeysfloppyfringe · 19/05/2015 19:23

Bluebell I do understand totally. This is actually my line of work. And I did say it was a grim situAtion. I see it from the other side too though.

annielouise · 19/05/2015 19:24

Fergal - rubbish, all it will do is delay the completion process up the chain. They won't be homeless. The buyer will tell their buyer it's delayed so everyone stays in their house. The LL will pay out a couple of hundred quid for eviction proceedings. It's standard. It happens all the time. It's not that a big deal. Who knows what his circumstances are. They're not the concern of this thread. An OP single mother of three kids, 2 with sn is. And she is the priority. If I was in that situation as a LL I would understand completely and say look it's better for you I start the eviction proceedings as the council will have to do something for you then - until she's being evicted the council won't do anything!

bakingdiva · 19/05/2015 19:24

FYI this has nothing to do with austerity and council cuts, this is exactly the same process that I had to go through to get a tenant (who had stopped paying the rent) out of my flat in 2008, well before any cuts for austerity.

FergalSharkeysfloppyfringe · 19/05/2015 19:24

I haven't suggested it's the OPs fault. It's no-ones fault except it's the way the housing system is run. Apportioning blame doesn't change situations. Awful for all concerned.

FergalSharkeysfloppyfringe · 19/05/2015 19:26

It's not rubbish at all. You're working on the basis that everyone is up to speed on the tenant being in situ. If no-pne knows me vacant possession is assumed, it won't be discovered until the buyer turns up with keys. You're teaching your grandmother to suck 25 years worth of eggs here.