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

214 replies

demonchilde · 30/05/2017 14:01

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.

OP posts:
demonchilde · 31/05/2017 21:11

Thank you people. I'm actually laughing now - cunts - they are everywhere aren't they? What the fuck is wrong with people? I know I should focus on the fact there are so many more decent, lovely people on here that there are wankers. And I will. But I fucking despise people who like to kick others when they are down to make their own sorry lives feel better. They disgust me.

They have no clue what this feels like. I know there are people worse off, but my God, I'd love them just to be me for a few minutes just so they know what it feels like and how insurmountable putting a brave face on seems at the moment. Im scared, I'm exhausted and I am hurting but I don't have the luxury of feeling any of that, just putting this mask on because my DC's are scared and hurting as well. And at work tomorrow, I will do the same - put the mask on because my patients will be scared and hurting too. And they all matter more than me, and that's the truth.

OP posts:
43percentburnt · 31/05/2017 21:21

Good luck demon, you'll get there. In two years time you'll be qualified and this will be a distant memory. Hope all goes well.

Can dd stay with one of her friends? My dd is doing her a levels and any of her friends would be welcome for a month or two in such circumstances.

NImbleJumper · 31/05/2017 22:04

You rock, demon

Didactylos · 31/05/2017 22:22

Just a thought but have you looked into charity grants and funding? there are a few professional charities that might be able to help, that run hardship or benevolant funds that could help you with a deposit etc

as you are a student nurse it might be worth contacting these and seeing if they can help you out at all?
www.cavellnursestrust.org/get-help
www.cavellnursestrust.org/help-for-students-in-crisis
www.rcnfoundation.org.uk/

or try and look for a specific hardship fund that you might be eligible for eg ones local to your area, ones for single parents, ones for carers of disabled children - this is probably a good place to start
www.turn2us.org.uk/Find-Benefits-Grants

FloweringDeranger · 31/05/2017 22:49

I think you're amazing. I really hope things turn round for you, soon.

HiggeldyPiggeldy · 31/05/2017 23:54

OP have you tried the RCN, a quick look on their website said they help students and there is welfare service RCN the phone number is RCN Direct on 0345 772 6100 the lines are open 8.30am-8.30pm

Want2bSupermum · 01/06/2017 04:11

I saw your post where your son is in the military. My brother left last year. He told me he got money towards the cost of his own place while he was also living in barracks. Can he rent a place for you?

SuperFlyHigh · 01/06/2017 08:54

OP, just been reading through responses, I've got no ideas but good luck and you're doing amazingly and sound very resilient.

What do Housing Associations say?

My mum was almost going to be put in a hotel years ago (she lived in a mortgaged house) when a friend's DH offered to be guarantor on mortgage. Mum then rented out rooms for a few years. But she had social services come round suggesting all sorts. Then about 5 years later mum inherited a life changing sum of money from an uncle (and inheritances for us kids). Her mum who was wealthy didn't help - but did later!

SaskiaRembrandtWasFramed · 01/06/2017 09:55

OP, if you haven't already do get in touch with student services at your university! They will be able to at the very least get you legal advice, and may be able to help with accommodation.

Ineedacupofteadesperately · 01/06/2017 10:02

demonchilde you matter too, never forget that & it's ok to take yourself off somewhere away from the dcs and scream /sob into a pillow or onto a colleague's shoulder.. Or maybe your university tutor (I thought all students had one & they're supposed to help you with any problems and goodness knows this qualifies and then some....)?

It sounds to me like you've been looking after and protecting other people for years - the dc, your mother, your patients. To be able to continue to do that, you do need some support too & while you're getting virtual support here, you really need some IRL too. frankly it sounds like you're superwoman, but everyone has a limit and the ridiculous situation you're in and the total lack of help from the council (in fact making the situation worse by forcing you and the DC to actually be evicted) plus the bullying tactics from your evil landlord would test anyone to and beyond their limits.
Flowers

As an aside, the LL IS evil in my opinion - OP has rented from him without any problem to his great profit for years - he wants to cash out now and he knows the council are forcing OP to stay & that she'd move if she could yet he's still threatening her. He'll get his house back eventually, and all the money from selling it, there's no need to be this way, and he could even put it on the market with tenants in situ, this is often done. If he wanted to he could take his issues up directly with the council but no, he decides to pile on the OP, knowing she's powerless to change the situation, clearly not caring if she and her DC end up on the streets as long as he gets his pile of gold. It's like Victorian England ffs.

morningrunner · 01/06/2017 10:10

This reply has been deleted

Message withdrawn at poster's request.

morningrunner · 01/06/2017 10:18

This reply has been deleted

Message withdrawn at poster's request.

PencilsInSpace · 01/06/2017 21:52

Hi demonchilde how's it going?

Anything the council say, get them to put it in writing, it's impossible to challenge anything they've just said verbally. Also, the prospect of putting things in writing can prompt them to cut the BS and do what they're supposed to do.

From what you've said about your situation, the council should offer you short term accommodation while they look at your application and should also offer you settled housing eventually. Since 2012, 'settled housing' can be a private AST they find for you, but it must be suitable for your needs and the initial tenancy must be for at least a year. Maybe that's what your housing officer was going on about? More info here.

PencilsInSpace · 01/06/2017 21:56

specialsubject - And to whoever it was, I won't be campaigning to get insurance to let to h b tenants. I already can.

Firstly, how rude! 'Whoever it was' Hmm 2 pages back you were referring to me in the third person while responding to one of my posts, which is rude enough in itself, but at least you were using my name!

Secondly - 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?

Which is it? Are LL hands tied and they just can't be arsed to do anything about it, or are their hands not tied and it's just an excuse?

ravenjoy · 02/06/2017 11:35

You are not alone OP.
I'm a single mum of two DDs,4 and 6 years old, going through the same thing.
The councils homeless unit won't help us until the bailiffs come, but I don't blame them the laws weren't set by the council. We are at the court stage now too.

My landlord served notice, but then left us hanging for months. I called my landlord beginning of last month and he said he wouldn't be needing the property again for another 16-18 months, I was so shocked we had all mentally prepared to move and I wasn't buying anything new because I didn't want to waste money even though my fridge is on it's last legs. With the news I eased up a bit thinking we had time I was even going to buy a fridge in two weeks(Thank god I didn't).
Yesterday a letter came addressed to the landlord the post stamp had a court name on it so I opened it. Inside were court possession papers, I'm so outraged. I'm being given the run around with not just him but the council also. The housing options team send me to a Tenancy Relations team who check over the paperwork and they basically try to prevent or prolong the eviction for as long as possible. Does your council have a Tenancy Relations unit? You should check because they've been helpful ish.

I just feel stuck and all the awaiting is a nightmare. I just hope the kids get to stay in the same school at least until summer.

I hope it goes well for you.

Want2bSupermum · 02/06/2017 12:39

raven Is the LL letting the home being repossessed by the bank? Here in the US there is a protection for tenants in my state and if the tenants pay on time the tenant has the right to remain even if the property is bank owned.

Also you should not be paying for a new fridge if the one you have is on its last legs. I'm so sorry that your LL is so terrible. It's so incredibly basic to provide a working fridge.

specialsubject · 02/06/2017 12:53

American laws utterly irrelevant. In some states non payers get three days notice, in England/wales they get the same treatment as normal tenants such as the op.

Facts aren't rude, whoever it was.

demonchilde · 02/06/2017 12:55

Hello again all - still here, had some placement hours to make up which ate yesterday up, back on it today. I'm so pleased I have this thread and all the support snd advice I've been given on here. Otherwise, I feel so alone and so overwhelmed. I realise I have to do so much over the next few days, still a garage and shed to go through, loading stuff, trying to arrange money, storage, notifying change of addresses, letters etc to schools, doctors. It is never ending. All 3 DC's are playing up this week, but DC4 in particular is just so troubled :(. He has such a need for routine and hates change, he wants answers about where/ when we are going but `I don't have them to give him. He keeps crying, he's not sleeping at all and acting out all the time. It just breaks my heart. I keep telling him as much as I can and reassuring him but he wants exact answers that I just don't have. I tried to pack the rest of his stuff up earlier, and bless his heart, he's sorted all his little collections into sandwich bags and tried to hide them at the back of his cupboard :(. The thought of my LL just slinging anything like that out with the rubbish if it gets left makes me feel angry, then sad - he has nothing valuable ( trading cards, moshi monster/ lego figures etc) but that stuff to him is worth more than any money, he's been collecting things for years.

As it stands, I could get a knock at the door at any point. My LL seems to be having a last minute attack of conscience, but I don't trust it. He says nothing will happen this week or next and that he will give me a date for bailiffs if he gets one, and will only use the high court ones if the county court ones will take more than 2- 3 weeks or so but I only have his word for this. He may have already instructed them to catch me out, I wouldn't put it past him. I'm trying to console myself with the fact that if that happens he won't be ale to blame me for the house not being clean and tidy ;). So much conflicting information though- I was told he has to keep our stuff safe for a reasonable amount of time if need be, then that he does't - he can bin it. That I can claim compensation from him for failing to protect our deposit even though he gave it back, then that I can't. That the council have to let me make a homeless application straight away even though we are still here then they don't. I'm not even eligible to bid on any properties on home choice yet as we are still seen as adequately housed (round here, all council and housing association properties can only be accessed via home choice).

I'm just doing another income and expenditure form to take to the council urgently along with some bank statements that I can't bloody find. Because I'm in full time education I no longer get income support or carers allowance, so don't automatically qualify for things like a loan towards removals/ storage/ legal aid even though I am now worse off financially than I was then. Also, they say my son's DLA is seen and counted as MY income but I think that is unfair, that money is awarded to him, not me, and gets spent on him (or rather, did :/).

I have asked the council for things in writing before pencils but it never materialises. I mean, I know sometimes they are not doing what they should be, but I don't know how to MAKE them do it if that makes sense. I thought that was the point of the case worker but I've given up on him tbh. Definitely going to try and look again ion there's any way I can access some proper legal help, otherwise they are going to carry on walking all over me. We seem to have very few rights at all in all this, but for the DC's sake I need to find a way of getting honest advice about what rights (if any) and how to actually exercise them ( can't think of the right word there ha).

And `I am sorry to hear you are going through the same raven- it's awful isn't it? I just feel so bloody inadequate for not even being able to put a roof over my DC's head, and the guilt eats away at me. And we will miss our home so, so much as well, we've been happy and felt safe here.

And thank you for your kind words ineedacuptea, I think not having time to process or consider my own feelings is definitely not helping matters, it just seems there is no time to consider myself at the moment, but writing on here does help get my thoughts and emotions in order so thanks again all for listening and caring

OP posts:
Want2bSupermum · 02/06/2017 13:01

demon DS has ASD and I find it helpful to keep details vague so it's not set in his mind. I know you can't give him a detailed answer but we are moving in July and all I have said is that we are moving to a new home and that he will be staying at the same school.

DS got very unsettled when we moved last time. It's very tough on them. I'm so sorry you are having to go through this on your own with no help from those who are supposed to be helping.

ravenjoy · 02/06/2017 13:41

Wants2bSupermum

In my flat is a loft space that the landlord wants to knock out. Knocking that space out will make the flat bigger and he can charge more rent. He can't do the work he wants to do with us in the flat, plus once the work is done the rent will then be unaffordable for us, hence the eviction.

The fridge/freezer wasn't provided by the landlord, so if it does completely pack up I would need a new one. Last week it was really hot and the freezer compartment stopped working and I had to throw all the food out, even the ice cubes melted. Fingers crossed it holds out until we move because I don't want to buy a new one just to put it in storage.

myoriginal3 · 02/06/2017 14:27

Your situation is shit, but please have faith that in 6 months time, you will, in all probability be adequately housed. Can you ask for all the paperwork you need to fill in for the council now, as they can take hours to fill in and are incredibly repetitive. It will speed things up for you when you get to the council offices on D-day.

picklemepopcorn · 02/06/2017 15:39

You are doing incredibly well, and one day this will be a bad memory. Flowers

specialsubject · 02/06/2017 16:17

This landlord is a liar.

Giving back the deposit does not stop you claiming compensation for not protecting it. The legislation would be pointless otherwise. You have six years for that claim, he has no defence.

He has to look after any stuff you leave behind, he becomes a bailee for it and is subject to law of tort. English landlords cannot just get rid of stuff left by tenants, there is a process. Landlords can and have been sued for not looking after items. Tough if he can't sell or relet because your possessions are still there. Don't leave it too long, the actual time is not defined but there is a law.

The state of the property is irrelevant unless he can prove damage with a signed check in inventory. With an unprotected deposit he would have to sue you via small claims.

Can you contact the court and ask to be kept informed? I am surprised that they don't write to you anyway.

Rossigigi · 02/06/2017 19:10

Just wanted to check in and see how you are x

Sprockermum · 02/06/2017 19:45

Hi....just thought I'd add my twopennysworth....same happened to me with a baby and a toddler..even down to the cat!..and am doing great now thank God. My local Church community were and still are amazing in thier support both materially and emotionally...there is an outcome and you will be stronger for it if that's possible. I think you are amazingly strong...Good luck and may your God go with you and your precious family.💐

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