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AIBU?

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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:
GrimbleGrumble · 19/05/2015 21:07

Ragingjellybean - council waiting times do vary massively depending on where you are -in london it's not unusual for average waiting time to be over 10 years for a 3 bed place

VanitasVanitatum · 19/05/2015 21:08

Horrible situation. Not surprising LLs don't want to rent to people on HB if that's the councils attitude; that complying with notice = intentionally homeless.

Hassle for the LL isn't really comparable to homeless for you though, I have to admit I think I would put my kids first in this situation and just hunker down in the house until forced out Sad

Icimoi · 19/05/2015 21:10

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.

No, that isn't the reality. What is the reality is that the buyer's solicitor will ask what arrangements have been made to secure vacant possession. If LL's solicitor says that they have done no more than serve a Possession notice, the solicitor will advise the buyer to wait until the property is actually vacant before exchanging contracts. If the buyer doesn't want to wait, s/he will look elsewhere. If the LL is desperate to sell, it would probably be worth his while helping OP look for an alternative.

EhricLovesTheBhrothers · 19/05/2015 21:12

Any buyer who assumes they will move into a house with tenants who are expected to vacate on a certain date is an idiot. Nobody buys a house that is rented out with tenants in occupation and plans to move in directly. It's probably another BTL landlord.

TheCatsMother99 · 19/05/2015 21:12

Sorry annielouise! On my phone tonight so not everything is loading. That's not as bad then.

Newbrummie · 19/05/2015 21:13

Well another BTL would be the ideal scenario surely ?

FanFuckingTastic · 19/05/2015 21:14

I definitely can't recommend legal advice enough, even when I was homeless due to domestic abuse, they were trying to fob me off with a loan for a deposit on a private rental, basically saying I couldn't make an application for homelessness.

After my experience, and because of my complex needs due to disability - which I had a tonne of paperwork to prove including a recommendation for level living and adaptions from my occupational therapist, another letter from my social worker confirming and supporting that letter, and a GP letter detailing my difficulties and care needs - I really didn't want to be in a private let, where I couldn't make the permanent changes I needed (stair rails, wet room, etc) and where I really wouldn't feel secure.

I contacted Shelter, who talked me through my rights, and who put me in touch with a local charity offering legal support, and they spoke to the council on my behalf, and I finally got a proper appointment to apply for homelessness, and it was awarded by the end of the week. I was put onto the housing register, and the first week a suitable property for me was advertised, and I had the keys within a week of that. I've just changed from an introductory tenancy to a secure tenancy, and I can tell you it's such a relief knowing that I have a place no matter what now.

maddening · 19/05/2015 21:17

Tell the landlord how shelter have advised that it works, that you cannot risk your dc going in to care due to being intentionally homeless - see if shelter have any literature that explains this, explain why you are having such a hard time finding a rental and that you will have no choice but to follow shelter's advice. He may as pp suggested find it more lucrative to his sale to help you find a place and buy you out etc.

I also agree with pp - start packing even if you have to sit it out you want to have just a suitcase each to take and leave in the case of being evicted.

EhricLovesTheBhrothers · 19/05/2015 21:19

Not necessarily newbrummie quite possible that another BTL would want to renovate and charge more or just get the op out and get some earning professionals in, or any reason. If the buyers want to live in it they need to wait for vacant possession. Buying a home basics really.

annielouise · 19/05/2015 21:23

that's great FanFucking - shame you had to go through all that. So many bad stories that are similar. If we're not looking after the vulnerable we can't be called a decent society in my view.

Newbrummie · 19/05/2015 21:28

The landlord might buy her out ?
Or start throwing her stuff into the street as happened to my cousin, and the police did nothing.
I don't know what the answer is it's with this one.

Cadenza1818 · 19/05/2015 21:32

Hi op. I'm not an expert, but I was given two months notice 2 months ago. I'd already had my name on council list in case this happened. When I had my eviction notice I gave council letter and I went up a band, then as time drew closer I went to top of band. I've now just moved into a house with two weeks to spare. I have 3 kids too. So I suppose I want to say, get some good advice from council and give you encouragement. Hope you get it sorted soon..this has been a v stressful time for me so feel your pain. Flowers

EhricLovesTheBhrothers · 19/05/2015 21:40

Cadenza I know that is possible in some areas with little shortage for council housing but in the south that's an impossible dream. In my local authority they are not even accepting new applicants for homemove unless you fulfil certain conditions such as being in temporary accommodation or homeless. Being in private rent does not qualify you to apply for council housing.

Lavenderice · 19/05/2015 21:43

I can't give you any further advice about your housing situation OP, but I will say I am a social worker and I have never heard of children being taken into care because their parents have been made homeless. I hope this of some reassurance. Good luck Flowers.

Freestripe · 19/05/2015 21:44

Why should the landlord buy the OP out? This isn't his fault!

Howcanitbe · 19/05/2015 21:51

This reply has been deleted

Message withdrawn at poster's request.

19lottie82 · 19/05/2015 22:16

To be fair, to avoid this situation, your LL really should have waited until the property was vacant before he started the process of selling it.

Too many LL's want to have their cake and eat it by putting their property on the market, while still getting rent every month, which can often lead to very messy situations.

OP you need to stay put and put your kids first. Your LL was aware of the risks that everything wouldn't fall neatly in place when trying to sell a tenanted property that needed to be empty prior to exchange.

MoveAlongNow · 19/05/2015 22:20

There has been some wonderful advice posted on this thread tonight from annielouise and others. Hopefully useful to the OP and any lurkers. Best of luck OP, I hope it works out. And its been really nice to see the intelligent, pragmatic and empathetic support offered here - I hope it helps.

PeppermintCrayon · 19/05/2015 22:40

I do wish people who know nothing about housing law would not give 'advice' to people who are at risk of homelessness.

OP needs to take Shelter's advice. It is correct.

annielouise · 19/05/2015 22:47

arieschicke - this is quite helpful:

www.gov.uk/evicting-tenants/overview

It seems at their discretion the judge can slow things down a bit too if mitigating circumstances - see page 5 about Hearings. It could just be that if a council property was on the horizon who knows eviction could be delayed until it was ready. Don't assume a judge won't be compassionate. You're in a horrible situation but have tried to do the right thing. That came over in your first post where you worried about the LL being messed around. You've been forced to act like this as someone upthread said.

Thanks for that MoveAlongNow. I've actually been touched with how kind and human others have been on this thread. Life is crap at times but you'll come through this. Hope you have someone in RL to hold your hand aries.

SeenSheen · 19/05/2015 22:55

This is horrendous for all concerned. I did the homeless route back in the eighties but didn't have any of this hassle.
I've never really understood why landlords were so anti HB before but this is undoubtably why!

HowDoesThatWork · 20/05/2015 00:11

Late to the thread. You have to stay until you find somewhere or until you are evicted through legal process.

Icimoi · 20/05/2015 00:15

Why should the landlord buy the OP out? This isn't his fault!

Freestripe, it isn't a question of fault. It's just that if the LL is desperate to sell, something like this might be a pragmatic way of resolving the problem. After all, it's not OP's fault either, is it?

LaLyra · 20/05/2015 00:16

It's not just people on HB that this applies too. The twice this has happened to me as a LL has been people in work, paying their own rent, fed up of privately renting who played the long game in the hope of a council property. One time it worked, second time the threat of the children going to foster care short term meant the tenant magically found somewhere else the afternoon the baliffs arrived. It could happen to any LL, any time and it's madness to organise a sale with tenants in situ. Although understandable if the rent is needed to pay the mortgage.

mimishimmi · 20/05/2015 02:21

When we bought our place, the landlord gave the tenant only the minimum amount of notice required and wanted them out before the exchange of contracts. We gave them an extra 4 weeks because we didn't need to move in right away as we were overseas visiting family after settlement anyway. We didn't charge rent either. They were out by the time we got back. I'd try to talk to the new owner and see if they'll let you stay on until you find somewhere..