Being evicted, can't get through to anyone who can help and we're scared

[demonchilde]

Hi all - posting here for traffic, in a bit off a panic at the moment. Quite a long back story to it, I did have a thread in legal about it all, I will try and link to it.

I'm a lone parent of 4 DC's (still at home), currently doing a nursing degree. It's been a bit of a year in general- DS4 (11) has ASD so suffers from quite severe behavioural and sleep problems. DS3 very sadly lost his best friend of 10 years to brain cancer a few weeks ago and this has affected him really badly - he has become very anxious, is having panic attacks, sleeping problems and has been pulling his hair out. DD2 (18) is due to start her a levels next week.

We were served a section 21 in our private rented house of 10 years back in February. I looked everywhere but couldn't find anything at all - rental prices have rocketed round here and as a student with no wage or guarantor no one will rent to us anyway. We went to the council who said they couldn't help us. Went to shelter then CAB who advised us the council were obliged to help us. They are not helpful - almost impossible to get through to, and advised us we have to wait for the landlord to take us to court for possession and then eviction.

The landlord has now done this. We were allocated a hearing to ask for a couple of extra weeks for exceptional circumstances due to my daughter's A- levels. But the hearing was this morning and the judge denied our application for extra time, and granted the landlord possession from tomorrow. They have also said I have to pay a significant amount to him in court costs that I cannot afford. This is so unfair as we are only still here because the council have insisted we stay until the bailiffs arrive.

I have just spoken to the landlord- he has agreed to store our things for 2 weeks if we go voluntarily, meaning we will be saved the cost and the DC's being scared by the bailiffs but the council have said no, if we do that we make ourselves voluntarily homeless and they will have no duty to house us.

So now, he is instructing high court bailiffs who I am told will probably be here within the week. I can't get through to the council. I have nowhere to store our stuff, yet they are saying they do not have to help us with that. We still have our cat here- all the catteries are full up. The council have told us we will be in a b and b indefinitely which could be anywhere within a 30 mile radius. I have no idea how I will get my children to school if we are far away. Really panicking here and I can't get through to anyone.

Can anyone advice me what I should do from here? I'm really panicking.

The teacher suggestion was entirely serious. When I was at school, people with exams that clashed often had to stay overnight at a teacher's house and take the other paper the next morning. If it were me, I'd be doing all I could to ensure that the disruption to my child's exams was as little as possible, otherwise the cycle of poverty just continues. Does school know about the situation? Is there no one in your DD's year who could help out? One of her friends' parents?

FWIW Cake I also live thousands of miles from family and DH has spent most of this year in hospital. I do favours for friends as often as I can and they help me out when I need it. You do what you can to make it work.

Ask your University's law department if they can help at all. Law students take on some cases under supervision. Not sure how they can help you but it's worth asking.

Cake - well we'll have to agree to disagree. Do you know how hard it is to get temporary foster care? And I'm sure the OP would really rather not go down that route.

Ha! A teacher would not, and could not house a child, and nor should they be expected to.

Sure they can, and do. Just because it's outwith your experience doesn't mean it doesn't happen!

They may have done when you were at school, but I would eat my hat if it did now. It was unheard of when I was at school, and at any of the schools I have taught at since.

Interesting. I might start another thread about this as it was very common where I grew up and don't want to derail any further. Surely I can't be the only person familiar with staying at a teacher's?!

Shelter have proper housing solicitors and take some legal aid cases. Ring them, if they can't take your case themselves they'll give you some pointers to people who can.

0808 800 4444

I know of a couple of people who had to start overnight at teachers during exam time, op hope you ok x

I'm sorry you're going through this. Just a word on your belongings...this is covered by The Torts (interference of goods) Act 1977, which commonly means there will be a clause in your Tenancy Agreement that says your Landlord must store your belongings for one month/28 days/reasonable period. If he doesnt, you have a claim against them.

If your TA is silent on this, Landlord is required to hold your property for "a reasonable period of time" and protect them from damage etc although they may then charge you storage costs.

Essentially what I am saying is dont panic. If you cant clear the property before/when the bailiff arrives, you will have a couple of weeks at least to make arrangements for your stuff. Obviously I would advise taking all valuables, important documents and items of sentimental value with you.

Good Luck!

op so sorry to hear what a rubbish position you are in it must be absolutely terrifying

firstly do not move out voluntarily or you will have no rights as far as the council are concerned when the bailiffs come they give you paperwork which you can take to the council to get emergency housing.

In the meantime prepare your dc that it is going to happen pack a case each and a backpack with all essentials for a few days, make sure you have medication and most importantly family paperwork such as birth certificates, passports, benefit letters anything you will need at the council.

speak to the University welfare for help and advice they may be able to help with practicalities and speak to your personal tutor, they may not be able to help with practicalities but will be able to extend deadlines and sort out the academic side to give you time to sort yourself out

Speak to the school and education welfare service at your local council they may be able to offer support or advice for your daughter who is doing A levels.

if you have no family or friends who can take your cat ring cat charities and ask them for help

do you have a friend with a van who could help you move stuff and somewhere to store it? or if not someone who can drive a van and take stuff to a keystore type place maybe move non essentials now, but the landlord does have to give you time to collect your stuff so its not going to be thrown away Im not sure how long you have but I think its a few weeks.

it wont solve your situation but it might make it less terrifying for you and your children if you know that you have organised a few things, and have a bit of support. I hope you have people in RL who can help you and wishing you lots of luck

Sprinklestar
You are right in that this did use to happen. Things have drastically changed now though and this wouldn't be allowed to happen now (partly because due to the Internet, it would be bloody pointless) so exams are not scheduled that way anymore. The day for exams is made longer instead so they can sit three exams in one day (which in itself is madness!)

OP, how horrible for you. Just wanted to post some hand holding

Also maybe try a nurses charity. The Cavell nurses trust helps nurses (including those studying to be a nurse) in crisis. Just Google Cavell Trust. I am so sorry this is happening to you.

The council do have a duty of care to you. However I was wondering whether it's worth speaking to social services especially as you have a child with additional needs and seeing if they could help at all. This might just be in regards to where you are placed and/or the type of accommodation given.

I hope it all goes as gently for you as possible.

SusannahL."This is the 21st century though with a very generous welfare state in place, so no-one should be homeless, unless it's their own fault ie, drug addiction or alcoholism."

For such an unhappy thread I'm getting a few laughs out of it. There speaks someone who's been living in the middle class bubble for the last few decades. Homelessness has been shooting up lately, thanks to the housing crisis partly brought on by an excess of private rentals, and we do not have a particularly generous welfare state compared to Europe anymore. As for staying with teachers, I've never heard of it ever and what guarantee is there that teachers are not in the same position as the op nowadays.

I really hope op that you get some help from the uni or the mp, sorry for derail.

(vote labour)

pencils a page back mentions insurance and mortgage companies stopping landlords letting to those on benefits, and landlords therefore saying their hands are tied.

Well, actually they are in this situation. So perhaps it would be useful to get mortgage and insurance rules changed. Hello? Shelter?

Why leave it to shelter? Why not a campaign started by LL? You're the people who buy these products. Start a petition, get on social media, raise it with your candidates, raise it with the companies whose financial products you buy ... why expect all the work to be done by a cash-strapped charity, set up to help homeless people and whose work is cut out helping people like the OP?

You're all well aware of what the problems are, why can't you do it?

Vote Labour

Hi, OP here - had to go off and sort some things out and get out of the house for a bit - first day of half term and the DC's are climbing the walls already.. Thank you for all the replies. I really do appreciate all the advice, and am genuinely touched by the offers of help from people - you are all lovely people.

The landlord put a letter through my door earlier after the court case saying the eviction date was tomorrow and to ring him urgently. After my case worker (finally) rang me back later on, it appears that once again he is just trying to frighten me into leaving straight away. He has a possession order from tomorrow but now needs to apply for an eviction order which will probably take another 2 or 3 weeks. He can possibly apply via the high court bailiff system, but my case worker is doubtful he will get permission for this, he also thinks if permission for that was going to be given the judge woulds have done so at the hearing earlier today.

Me leaving Uni may seem like the obvious answer but it really isn't, and I am going to do everything I can to not let this affect my studies. I am on the last nursing intake that will get an NHS funded bursary. From September, healthcare students will be required to get a student loan. I am not able or prepared at my age (43) to take on £60,000 of debt. I also don't agree that student nurses should have to pay for their training, I think they should be appreciated and treated like the investment and future assets that they are to the NHS. Nursing is what I was born to do, and I am good at it- I am currently on a placement in a palliative setting - in the last 2 weeks I have recognised when 2 patients were in their last moments (very elderly care and sadly quite a few don't even have a next of kin) and I have sat and held their hand, which calmed them and allowed them a peaceful death because no one should die alone. Not everyone. could or would be able to do that and I really believe those who can, should. I would gain nothing by taking on a full time job as a carer on minimum wage, I would still be on benefits and therefore still in a bad position with regards to being able to private rent. If I stay on my course, I will be able to earn much more money in just 2 years, I will be able to look for a job in an area I can afford to live in and I will have a career rather than just job with no chance of promotion or a wage I would never afford to be able to live on without the help of top up benefits.

And yes, I have been late with my rent on occasion, but this only happened as a direct result of housing benefit stopping my money whenever I had a change in income or other changes of circumstances. By his own admission, my landlord is selling as he will make a large profit from the sale- they only rented it out to start with as they couldn't't get a decent price for it (10 years ago). At the moment, they will get a lot of money for it as there is now a waiting list of people for properties in the area. It is also quite an old house, and has had a lot of maintenance issues over the last few years and they no longer want the hassle of that. He has quite a lot of properties and is selling around half of them, not just this one. I asked him directly if he was selling because of any past rent arrears and he said no. However, since then he has threatened to tell the council that is why he is evicting me so that they won't house me unless we vacated as soon as the section 21 expired. I'm well aware most landlords are decent people, but the poster who said he sounds like a tit is spot on. An aggressive, bullying little tit who has acted in underhand ways, harassed us and made several veiled threats despite knowing the position we are in.

Anyway, I'm in slightly less of a panic now, but I'm struggling. All I see when I look around is what I am going to miss- we have loved it here. It may be his house as he keeps saying but it has been our home. It is the only home my youngest children can remember and we have loved it here. We will miss everything about it. I feel like I have let my DC's down. They have been through enough in their lives, they don't deserve to spend the next few years living out of a suitcase and being shoved from pillar to post and sent from one hovel to the next. I am desperately worried about DS3 - he has just finished his degree in London and was due to come home, now he has no home to come back to. He also has ASD and I am worried sick about him. It seems I have to fight every step of the way just to get a basic roof over our heads and I am scared I won't have the strength for it all. I'm already on anti depressants, and am trying to look after myself, but I can feel my mental health declining again and I am frightened. My DC's only have me to look out for them, if I get ill again they will have no one. And if I lose them I will literally have nothing at all left. Sorry for the self pity, but God this feels shit. Bloody crying now and I never cry. But all this - I feel like I am being punished, it makes you feel like you have done something wrong and that you don't matter. But surely, we should matter, my DC's should. But it just doesn't feel that way, at all.

Where in the country are you, OP? There has to be someone on here who can help you out.

There is a big difference between staying overnight with a teacher due to exams (which I haven't really heard of but I can imagine happening) and what amounts to fostering a child.

Hope things are getting better for you op.

You have not let your dcs down, this bloody country is letting all of us down. You are doing so well in a shit situation. I agree completely with your assessment about staying on the course.