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.

How are things for you now?
I cannot offer additional advice but wish you best luck in the future. Stay strong.

Hi demonchilde It's crap that you feel you have to justify your situation to the trolls. No-one is immune to falling on hard times, although they think they might be.

I didn't say this first time but I think I should have- I have a mate who is a solicitor who did housing, and last year she said I was eligible for legal aid for my eviction. Mine was more straight forward than yours…unless they've changed the rules…I didn't take it up as I didn't feel the need.

Also, I'm thinking your landlord might be taking the piss to the extreme. Did you get the court paperwork etc before the court case happened? Did the court case actually happen at all? As I was told you got written warning, you could represent yourself etc etc. And that you'd have written notice of when you would be turfed out. Solicitor friend told me that often the case is thrown out at court because there is a mistake on the section 21 or it is incorrect e.g. only one tenant name not 2, slightly incorrect address etc. Mine had to be redone as the landlord had forgotten to put my address on but that happened as soon as landlord sought proper legal advice (when I said I couldn't get anywhere!).If your landlord is putting things through your door etc that could count as harrassment.

Did he give you your deposit back before he served the section 21? As he'd have to do that for it to be allowed as far as I'm aware...

what I'm trying to say is I wouldn't trust anything that comes from your landlord- apart from the initial section 21 notice. I was expecting to get proper correspondence from the courts with regards anything further.

Hi demonchilde. Just to say I'm thinking of you and your dc and hoping there is someone In real life who can help you soon.

If you have email addresses for LL and council take a few minutes to summarise every interaction/ conversation immediately by email.
Even if they dont respond it creates a correspondence trail of who said what and when.
This is something I had to do when I was working. It was a bit of a pain but very useful in the longrun.
I hope things improve for you.

Hello again. Thank you for the replies.

Had a really, really bad weekend. Not been coping to well -so tired and overwrought, but so much to do. I just don't know where to start with it all still.

I need help that I can't afford ( some really heavy stuff to be moved). I've ordered a skip but won't even be able to get the stuff in there :/.

Spoke to the landlady yesterday. She was usually the more reasonable of them. She is adamant that the emergency housing officer has been asking her over and over for a copy of my rent book/ bank statements. I was honest when I first spoke to the housing officer, and said there had been times I had been in arrears in the past due to HB delays (there was always a correlation). But now it looks as though she is deliberately trying to make it look like I~ made myself intentionally homeless so they won't have to house us.

The landlady hasn't sent this because she agrees that this has never been their reason for evicting me. Both she and the landlord have told me from the start they are selling because new tax relief laws and the rising house costs mean they are better off selling here and buying a student let as they are apparently more profitable. I asked her to please, please just put this in writing for me to give to the councils so my Dc's don't get put into foster care and me and eldest left to fend for ourselves . She's told me to pay the court costs and then she will. Don't know where thats supposed to come from.

When they served the section 21, they had to give my deposit back as she had failed to protect it as they were supposed to by law. But now, she is making a huge fuss about the fact that DS has put posters up on his wall and made a bit of a mess in there. I am hoping to get the time to re paint it all and professionally clean the carpets but is now demanding to send an inventory clerk in this week and says I have to allow this? I don't even remember signing an inventory form when I moved in but she is saying I did.

Going to try and ring shelter, unison and maybe the rcn to see if any can help with proper legal advice.

Its so horrible, the DC's are getting upset seeing me upset but I can't help it.

I do have an email address for the housing officer, not for the LL, though I can just text I suppose.

I've found a man, van and storage, just need to see how much they want to rip me off ;).

Have a lovely day all :)

demonchilde you are not intentionally homeless as long as your rent isn't in arrear now. If it were the landlord would have served you with a section 8 notice instead of a section 21.

If you can't remember signing an inventory form tell her to email/scan a copy with your signature on it, but if she can't do that because the copy does not exist tough luck for her. Don't worry about paint walls and all that nonsense,you have enough to deal with.
I'm going to post large items on freebie sites like Gumtree, basically giving them away to whoever wants them i.e sofa and other large items.

As for the council, just make sure you have all your documents in order. Your bank statements and housing benefit letters should prove when the rent was paid etc.

Have you been given an eviction date by the court?

FFS, your landlords give us all a bad name.

tell her to produce a copy of the check in inventory that you allegedly signed.

why they are evicting you (selling due to the new tax laws) is irrelevant. SHE pays the court costs (£355 plus £110) for the bailiff in order to get the court case through. SHE then has to take you to small claims for them. They will not be enforced by the 'eviction judge' (for want of a better term). So don't give in to that.

you do NOT repaint, that is the landlord's job. You repair any damage but wear and tear is her problem. And with no inventory and no deposit, again she will need to take you to small claims and PROVE damage. If professional carpet clean was in your tenancy agreement, do it. Otherwise just leave the place clean, tidy and empty.

The council are a different issue, and that is where I suggest you bend your energies. You should be classed as 'vulnerable' due to the kids which means (or did in my area) that even if you paid no rent for months, wrecked the place and filled it with crooks you still get housed. As you did none of those things they should get a roof over your head. Due to our over population for the money we have, it won't be much of a roof but it will be something.

Your landlord is making it up to suit her.

OP- so sorry you're in this shitty situation. Have you checked if you're eligible for keyworker housing as a nursing student? There doesn't seem to be much in your area, but might be worth a try:

Kent housing (private rental)

Affinity Sutton not sure if they cover Medway

Also, register with Share to buy, as they often have HA intermediate rental properties advertised.

Following you case here and praying for a solution. You sound lovely and very brave too. All the best and when you feel you can't cope anymore then go ang hug your children. I'm sure they see what a wonderful mum they have and their love will you strength OP. Good luck and keep up posted please xxxx

I'm glad you are getting good advice from knowledgeable posters.

demonchilde Google for your nearest Law Centre, they give legal support to people who cannot afford a lawyer.
www.lawcentres.org.uk

If the Housing dept try to screw you over, they will think twice if they know you have a lawyer

Yes, what DJ said, get a lawyer asap and then insist the emergency housing officer correspond with the lawyer. I bet you'll see a huge difference in how they treat you.

I cannot believe the emergency housing officer is doing this. I know councils are overstretched but seriously - you need them to help you and they know you're doing a nursing degree, once you graduate you won't need help anymore - it's short term. It's disgusting the way you're being treated by both the council and the LL. It makes me ashamed of this country. The 1% just get richer and people like you (training to be a nurse ffs, what is more worthy than that? We desperately need more people like you) are just treated so, so badly. It's absolutely awful.

I really hope your fear of the DC being put in foster care is not likely to happen - they have a mum who is very capable of looking after them and loves them - why would they use foster care when surely SURELY the cheaper and better option would be to house you all together. I don't know enough about it to be sure though.

I am thinking of you and wishing you the best. I wish I could help IRL.

Hello all - thank you all so much for the help and advice. This thread is my lifeline at the moment. Made so many phone cal;s today and all I get is passed from pillar to post then told there is no help available in my area. I spoke to Mind - very lovely but nonlocal groups. They gave me a number for an advocacy service - they don't cover my area. The Law Centre link doesn't cover my area :(.

Someone suggested ring adult social services - does anyone think I should and that they could help? And advocacy (if could find one)? Can't get through to shelter again. I feel out of my depth, and just awful and the LL deciding to have a rant to tell me that she was 'shocked' at the state of my son's room really upset me and made me feel like shit. He does have posters up and a bit of the (crappy) wallpaper is torn but we would have sorted that before we went. There rest of her bloody house has all been redecorated, she seemed to miss that bit. The way she spoke down to me really upset me. She doesn't work, has one teenager and an army of contractors at her disposal to decorate for her. I have to do it myself. How dare she judge me like that?

At a guess, I suppose she is worried about how they will retrieve any money for repairs etc, but she should have thought of that before fucking up my deposit so she had to give it back early. That is what that money was for..

I think I will have to paint it as well to make it good, if we do get put forward for any housing in the future, they will ask them for references about whether I was a good tenant etc.

Honestly, it just never seems to end. I still have no paperwork from th court regarding the order he was granted last Tuesday (immediate possession order and the choice of using high court bailiffs if he wishes). The court did order in their last letter to me to pay the court costs by the end of May, even though he only had to take court action because the council insisted. I will also have to pay for the bailiffs because the council just will not budge about us having to stay till they arrive. It makes me so cross. If the council would move us just one day before bailiffs were due, they could be avoided all together, saving the cost and the trauma to my DC's.

I'm just so bloody powerless in it all :(.

The council are the ones to keep poking now.
If they try to find you intentionally homeless for any ridiculous reason, you have a right of appeal and the Law Centres are there to provide advice (nearest to Medway seems to be Plumstead on 020 8854 8848).

If the landlords haven't bothered protecting your deposit nor doing a proper inventory, then ignore them - they can't prove the condition from before you moved in and would be expected to redecorate soon, so almost anything would be fair wear and tear.

Worth telling the school about the situation as they may be able to report extenuating circs to the exam boards, and possibly have contacts at the council. Do you have a HV or social worker who could help?

Ok, I will try, but they just don't seem interested. My housing officer only works part time and if I ring on her days off I get told I need to talk to her when she's back :/.

LL is saying there was an inventory - I don't remember it and I am usually very careful before signing anything like that - I double check everything. I don't remember doing that.

Good idea about the schools- I will do that.

No HV, people have suggested I speak to a social worker but I am wary of their involvement tbh :(

If she hadn't properly protected your deposit in the first place, are you not entitled to compensation for that? And should it not have rendered the original s.21 invalid?

Hoping a property solicitor may know more details about this. It's certainly what a tenant I knew was able to claim and it delayed possession proceedings for ages. Months.

Maybe it's too late now.

I'm really hoping you get some help. I'm afraid I haven't been able RTEntireFT.

Unmumsnetty hugs.

Great! Just held for 15 minutes to speak to social services, minute I got through was cut off. Now they say the lines are closed. How do they get away with doing this all the time?

You should have been given a copy of the inventory and signed it as correct. After ten years in a property the law says that the property would need to be redecorated and recarpeted so ignore all of that nonsense.

I can't add to any of the great advice you've been given but do wish you well. This sounds an absolute nightmare. Are the school's aware?

Hi frisky- thank you for your post. Unmumsnetty hugs back to you :).

The didn't protect my deposit but got around this Re the section 21 by returning it to me. She was very underhand in this though, I didn't even know she had left it till I found and envelope on the table after she left. I (stupidly) signed to say it was ok to deduct the 2 weeks rent that was owed at the time, but didn't realise she meant there and then.

Apparently, I can still make a claim from them for not protecting the deposit in the first place, but they say I can't do that because they returned the deposit. So I don't know.

matilda thank you. We have only been here 8 years :(. Mind you, I do wonder how you can fully cheap carpet a place in beige throughout and paint the whole lot magnolia then expect it to be pristine after you have rented it to a family of 5/6 for nearly 8 years. The carpet was 2 years old when we moved here as well. TBH, she is lucky as I have a good carpet cleaner and do the whole house every 3/6 months. Yet she's still complaining...

She is adamant though that I am legally obliged to allow an inventory clerk to come in and check everything BEFORE we are evicted. I thought this was done after. She's obviously getting some legal advice on 'damage limitation' from somewhere, but I have no idea whether what she is saying is true considering how she has acted in the past ( with the deposit etc).

I'm been watching your threat, and hoped you were posting good news. Sorry that it continues.
One thing that strikes me though. You say she us adamant she is entitled to an inventory check - she has been adament about a lot of 'legal rights' that have turned out to be a load of rubbish hasn't she.
I personally don't have the experience to know but I would say that she has no right to 'end of tennancy' arrangements if she is evicting you!
You need to start taking everything she says with a large pinch of salt. Refuse her entry until the baliffs arrive - otherwise she might try something stupid like forcing you to leave. She won't help you to get a new tenancy or anything else. She is finding this process as tough as you and trying to scare you into doing what she wants. You need to do as the council tell you or they will not house you. Don't pay anything or spend money on the place. You don't owe her anything at this stage and it won't help you to pay her as she has no intention of not getting you out.
Hope you have better news soon.

Just to add. As a landlord. Inventory checks are done at 'check out' at end of tenancy - I.e. as keys are handed over, or afterwards if tenant doesn't want to be present. NOT before you leave. I smell a rat!

This LL is unhinged. If she so much as tries to take any money from you from charging you for wear and tear go to the deposit protection scheme and ask for them to arbitrate. They will tell her to take a hike.

Don't let the LL get to you. I have no idea why you don't qualify for legal aid. It doesn't seem right to me that you don't qualify. I hope tomorrow is a better day for you.

Showed this to my husband who is a housing manager covering homelessness in a SE council. He says the council should provide you with emergency accommodation if the landlord has a possession order. This is likely to be b&b. You can not be found intentionally homeless if you leave before the bailiff arrive. If the council tell you this or write informing you of this seek a review and talk to shelter. Was your rent up to date when he served the section 21? If yes it is unlikely to be found IH for rent arrears. If not depends on the amount and reason for the arrears.
They won't take pets into temporary accommodation so plan a head. They have a duty to store your stuff but can impose reasonable charges. He suggests you ask the council what they are doing to help prevent homelessness and provide assistance to help you find alternative accommodation. The system is not ideal but it does work. Regarding Legal costs from the landlord- it is down to him to chase these through the courts. Very few landlords do this. The county court bailiff can take weeks but will always give you notice. The high court bailiff should also give notice. Any specfic question let me know and I can ask him. In the meantime go to shelter.org.uk it has loads of info. Good luck