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AIBU?

I've messed everything up. Homeless with 4 children.

205 replies

BowAndArrow · 13/11/2017 06:48

I've been stupid. So so stupid. Please don't feel the need to tell me that. I could not loathe my stupidity more right now.

We've accidentally intentionally made ourselves homeless. We have to move out 4 days after Christmas. At the moment we have no where to go. No where. I have absolutely no idea what to do. The council obviously won't touch us because we put in our notice intentionally. Family isn't an option and no friends. No money to get another property. Am actually terrified. Totally terrified.

AIBU to think there must be a way to sort this out somehow? Please be kind.

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BowAndArrow · 13/11/2017 07:28

I won't get it back in time to put down somewhere else though.

And there are other issues with my mother.

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KathArtic · 13/11/2017 07:28

Where is the your children's father? Can he take them in?

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BowAndArrow · 13/11/2017 07:29

My mother's house isn't suitable, believe me. Would be more specific but can't. Just not somewhere you'd have children.

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BowAndArrow · 13/11/2017 07:30

I asked him.

He said 'I'm sure you'll sort it, mum wouldn't let me anyway, gotta go, bye!!'

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AlternativeTentacle · 13/11/2017 07:31

I would email them back asking for another month. Nobody wants to find new tenants this time of year.

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Drinaballerina · 13/11/2017 07:31

We've had to withdraw notice before after our exchange was delayed, it was no problem especially around this time of year as people aren't looking to move around Christmas if they can help it! Hope you get something sorted xx

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friskybivalves · 13/11/2017 07:31

And in any case if LL wants you out but you don't want to go then it's a Section 21 Notice if you are up to date with the rent, or a Section 8 if you are two months in arrears. Then its an order for possession. Then its bailiffs. It all takes weeks and weeks which might give time for your new place to be ready.

I guess the other question is why you wanted to leave in the first place - would you want to stay in current house longer term if the LL agreed? You will have ll name and address in your notice of particulars that came with the tenancy agreement, telling you where deposit is protected etc.

And have you discussed your worries with DM’s partner? He might be able to fit find out what score is with new place...

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InvisibleKittenAttack · 13/11/2017 07:31

So you are not moving out. There, does that make you feel better?

Call the letting agent and say that the property you were moving too has fallen through, and the council won't rehouse you if you have made yourself intentionally homeless. So you won't be able to move out on XXth January, how would they prefer to do this, another 6 months contract or rolling monthly?

If you mention the council that should set off warning bells that you will be advised to stay put until they get the bailiffs in to remove you (expensive), so if they can get you to pay rent for a few more months, that will make life a lot easier for everyone.

Then you don't move out.

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LoveProsecco · 13/11/2017 07:32

You mentioned being a nightmare tenant. If that changed a significant time ago they may appreciate you cancelling notice

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Frouby · 13/11/2017 07:33

Just withdraw the notice. Until you give the property back it's still yours. Landlord will have to issue s21 to take possession which can take months to enforce. And if they do you won't have made yourself intentionally homeless.

Email the letting agent now, say you are no longer leaving the property. End of it all.

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BowAndArrow · 13/11/2017 07:33

I really hope so, but not filled with confidence. The letting agents would have no qualms about recommending the landlords let it stand.

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MiraiDevant · 13/11/2017 07:34

Retract notice first thing. Landlord will be relieved as he won't have to find new tenants.
Good advice above.
Also second CAB straight away and Shelter

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BowAndArrow · 13/11/2017 07:34

I said I wasn't a nightmare tenant.

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BowAndArrow · 13/11/2017 07:35

I will phone letting agent this morning.

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friskybivalves · 13/11/2017 07:37

Yeah but letting agents aren’t the landlords banking on your December and jan rent to pay off their Xmas credit card bills...and if they have to take you to court that will cost thousands more.

There is legal doubt over whether an email constitutes written notice. Does your tenancy agreement stipulate that notice can be served in that way? Did you do a proper signature on it using one of those software programmes?

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ilovesooty · 13/11/2017 07:37

Certainly the easiest course of action would be to withdraw your notice

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stella23 · 13/11/2017 07:38

Can you borrow the deposit? Get a loan out then pay it back when you get your deposit

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MarshaBrady0 · 13/11/2017 07:38

Good luck with the call, hopefully withdrawing notice will happen

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friskybivalves · 13/11/2017 07:39

Is your current house otherwise fine to live in? You may find that the LL agrees to let you say but insists on there being a new lease agreement drawn up.

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Beetlebum1981 · 13/11/2017 07:39

Do you have your landlords details on the information from the deposit protection service? I’d definitely get in touch with the letting agent and say that you want to stay. If they refuse then ask for your landlords details (in writing), you are legally entitled to them and if the letting agent refuses they can be fined:
https://england.shelter.org.uk/housingadvice/privateerenting/howtoofindyourr_landlord
As a landlord it’s a real pain finding new tenants, I long for people who will stay a few years, so I can’t imagine them saying no (especially when they’ll have to pay the agent more fees to find new tenants!)

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Pengggwn · 13/11/2017 07:40

This reply has been deleted

Message withdrawn at poster's request.

RandomDreams · 13/11/2017 07:43

Why would the letting agent recommend the landlord let it stand?

I'm wondering this too and I don't think that we are getting the full picture here.

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Margomyhero · 13/11/2017 07:46

As soon as the Letting Agent office opens this morning phone them and retract your notice.

Write down what you want to say so that you don't get flustered and miss out anything vital (or say more than is necessary).

Surely the Agency AND the landlord want the rental income - as PP have said, it's a bad time of year to be looking for new tenants.

Worry about the new property later, once you have some breathing space.

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LouBlue1507 · 13/11/2017 07:46

First, phone the letting agency and do everything you can to stay on as a tenant.

If that fails, pack non-essential ready to leave at a moments notice. Let the eviction day come and don't leave. If you leave, even if your Tenancy is up, the council won't help you.

You'll have to sit and wait for the LL to get the bailiffs to get you out, this can take weeks, buying you some time to find a new place, failing that, as the bailiff have a court order to get you out, the council have to help you as you have children.

Don't leave voluntarily until the bailiffs (high court bailiffs) at that, force you out. Just have things packed ready.

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LouBlue1507 · 13/11/2017 07:48

Read up on your rights and watch 'can't pay? We'll take it away' on channel 5.

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