Being evicted

[Housinghelp1]

Apologies for posting here, I didn’t know what section would be revelant & im desperate for advice. I have a 2 yo & im 7 months pregnant, I’m on my own, in receipt of universal credit & housing benefit. My landlord has given me 8 weeks notice (section 21) im due to leave on April 4th. I went to the council today & theyve advise me to stay in the property until my landlord has taken me to court & the bailiffs come to kick me out. I’m really not comfortable with this, morally. My landlord (male) also lives above me & im really worried the situation could become volatile if I stayed under those circumstances, (he wants to sell.) Also the timing of all this could mean the bailiffs are knocking on my door to kick me out when I’m due/have just had my second baby. My question is, if I leave when the section 21 says (4th April) & go to the council that day will they help me? Or will they say I’ve made myself homeless by not waiting for the bailiffs? Thanks for any help you’re able to give. From one stressed mum.

And if you've signed up for whatever social housing scheme in your area, literally log on at midnight the day the bids go live. If it's anything like our area they used the time as one of the priority criteria apparently. We wish we had known that when we were homeless but still only band B as our family put us up in their tiny 2 bed to avoid us going into unsuitable (for dh work and ds send) emergency accommodation.

Hi OP. I have been evicted before. Some of what I say will depend on your council. But I did things as follows.

I was honest with the landlord I said that i would not be able to leave after the 2 month notice. As i would be making myself and have tj go the eviction route or council wont help. Landlord was ok with this.

My council help pay for removals and storage. I had to make a ons of payment of 150. I arranged for my stuff to be put into storage 2 days before eviction day. We slept for 2 nights on air beds. This meant I could clean the house and feel better that the house was empty and I did not need to worry about my stuff.

I had all my eviction papers the date and time the bailiffs were due to come. The bailiffs were due at 11am but I left the property and got to the council for 9am. So I never saw the bailiffs and there was not that feeling of being kicked out /removed. My council was happy for me to do this as I was being evicted that morning and had the paper work.

It's much better than someone turning up and kicking you out and wondering what you will do with all your things.but do make sure you take clothing and ang essentials you need.

Hope that helps

You usually have to be evicted to then qualify for the council housing
Abit like on can't pay we ll take it away the bailiff will be familiar with the process and give you a letter to take to the council. Maybe start getting packed ready

My landlord (male) also lives above me

Do you share any facilities? If so then you may be considered an "excluded occupier", and thus the LL can evict you much more easily without needing a court order. The LL issuing a S21 suggests you're not an excluded occupier, but he might have got things wrong.

But otherwise yes, nearly all councils take the stance that if you leave without being forced, either legally by bailiffs or by illegal violence, then you're "intentionally homeless".

S21 takes many months to go from initial notice to bailiffs at the door.

I’m desperately trying to find another private rental but when I moved into this place I was working, childless & had a partner. I’ve never had to try & rent whilst in receipt of benefits & it is nigh on impossible. No one wants to accept housing benefit (can’t blame them if this is what the council advise their tenants to do when they want their property back!) & everything is out of price range. I’m in a 1 bed at the moment, I can find a few other 1 beds for what I’m paying now but finding that + someone who would accept us? I’ve been trying for 3 weeks.. messaged upwards of 80 properties & got a no to housing benefit from them all. My children’s dad is around, he sees my daughter & pays mantinence but his not in a position to help us long term with accommodation. He would of course have his daughter if the worse was to happen. But we would both suffer being apart!

@safariboot no shared facilities, it is a house converted into 2 flats with separate front doors/kitchens/bathrooms etc. He lives upstairs & we live downstairs. He wants to sell the entire property as his lost his job.
Thanks everyone for being so lovely I honestly thought I was going to get flamed on this post so I really appreciate everyone’s helpful advice/kind words.

@HaudYerWheeshtYaWeeBellend

The council will help you, however you will be housed in the general needs category and not a homeless application.

That’s great thanks, what difference would this make to the way they would help us if you know?

They won't help you if you leave before the time. Depending on the council, too, they may put you in temp or B&B housing miles from where you are now and you take it or leave and then until they find you another private let. Unfortunately some councils have no more stock and have to use private LLs willing to rent to them.

I'd start packing stuff you're not using now and a case with essentials closer to the time.

Where is/are your childrens' father(s) in all of this?

Oh, these guys are never around or pay for their children.

That’s great thanks, what difference would this make to the way they would help us if you know?

It depends on what council you are in. You'll need to see what it means in yours. I mean, if you have some place to go then you're not homeless and not as much of a priority.

You are trying to get a council/HA tenancy/house but it some areas this won't happen, even if you are homeless, you'll get temp and then offered another private let.

@FuerzaAreaUruguay
We will be put into b&b/emergency housing, I’ve been told this. I won’t be leaving before the time on the section 21? By not helping they would effectively be making a 1 year old homeless, surely this cannot be legal? & her/their dad is around he pays mantinence but he’s not financially well off enough to help us with housing, he would have his daughter if the worse were to happen though.

@FuerzaAreaUruguay
You are trying to get a council/HA tenancy/house but it some areas this won't happen, even if you are homeless, you'll get temp and then offered another private let.

• yes I know this will happen definitely. We won’t be given a council house, we’re south east. It’ll be emergency then temp or they’ll help us back into private. I’m really trying to get myself another private rental but it’s proving impossible (no one accepts HB) so if the council can do that, great.

The council aren't obliged to help you until you are homeless but you could look for somewhere else now yourself

By not helping they would effectively be making a 1 year old homeless, surely this cannot be legal?

But they will help, just not until you've been formally evicted. Sad, but that's how it goes in a lot of councils.

Just in case you haven't already tried, here are websites that accept dss.

www.dssaccepted.co.uk/

homes.trovit.co.uk/index.php/cod.search_adwords_homes/ppc_landing_type.2/type.2/what_d.1%20bed%20flat%20dss%20accepted/sug.0/tracking./isUserSearch.1/origin.11/order_by.relevance/city.London/

www.nuroa.co.uk/rent/1-bedroom-flat-rent-london-dss-accepted

Best of luck

Oh dear, I feel fir you OP.

As a landlord I was not aware that this is what the council advise if you are on housing benefit. It sounds like when you became his tenant you weren't on housing benefit.

My advice would be to talk to him about your situation, explain your due date, that your husband has left you and if you leave without court orders and bailiffs you've intentionally made yourself homeless.

See if there is any leeway on the two months notice, if can give you a bit more time to find somewhere else that would be preferable all round. In your landlord's shoes I'd rather give you more time than taking you to court.

Do you have a guarantor that you could out down for the rent, eg your parents, a friend? Would your landlord write you a glowing reference about how great a tenant you are and how you pay your rent on time etc?

Most landlords don't want dss tenants but may make an exception with the above.

Good luck

I've not got any experience in this however I do with other rental issues and Shelter were amazing. They gave me so much advice that came in useful. If I were you I'd call them tomorrow, you can't lose anything from it.

By not helping they would effectively be making a 1 year old homeless, surely this cannot be legal?

They will say that they were helping you by advising you to stay until the bailiffs came but that you chose to ignore their help. Therefore it is you, unnecessarily making your 1 year old homeless. And on the back of that they'll report you to social services.

It's terrible. But that's how it'll go. And it's so short sighted because it means that even fewer landlords will want to let to families on benefits.

even fewer landlords will want to let to families on benefits

and just pointing out that those of us who would often cannot because our mortgage lenders and insurers won't allow it.

and just pointing out that those of us who would often cannot because our mortgage lenders and insurers won't allow it.

Do you think this is why they stipulate that? That they don't want landlords defaulting on their mortgages because they can't get people out when they've served an eviction notice?

As a landlord I was not aware that this is what the council advise if you are on housing benefit.

It's nothing to do with housing benefit, the advice is given because of the appalling housing shortage in most parts of the country. Most councils simply do not have the resources to provide emergency accommodation for families who haven't yet been evicted, and declare people intentionally homeless if they leave before they have to.

If you are deemed to have made yourself homeless intentionally, the council does not have a statutory duty to house you, so that's one less on the waiting list.

My local council has only just changed its practice in this respect and it was the final straw for me. I used to work with families at risk of homelessness and after 12 years, I was almost burned out, so changed jobs to something less distressing.

There are 2 families, with children, sleeping in cars less than a mile from the social services office here. I can't believe that this country has failed people in such a fundamental way.

Are they letting you onto the housing list now? Have you applied? If you apply now, then you will be rebanded once you are evicted. But you will at least be on it

I really feel for you - this is awful. Try to book in to see CAB

I have some suggestions

Ask your local housing officer for a face to face meeting. They can try help find a local landlord or help you apply for a deposit grant from a charity. I applied for a deposit grant for £1000 and was given it and did find a flat that would accept HB in the end

Start cleaning out your things. This will just make it easier for you having to move. Ask everyone you know for spare boxes/bags and start now - don’t start in 2 months. This is what I did. Sell what you don’t need and pack up what you can. Ask if anyone can take your boxes for a while? Just to take stress off packing on the day of eviction/birth

See CAB and ring shelter

Get on every letting agent books and call EVERY DAY asking for lettings updates

I can only give you advice not all is lost. I’ve been made homeless twice with 2 DC and over 10 years later I am settled and it will be ok. Try not to panic

Talk to your HV and midwife. Get all the help and support you can. There are charities who might be able to help you

Do you have ANY family anywhere who could help you?

If you move out before the bailiffs come the council could deem you as being intentionally homeless and will say they have no duty to house you.

I simply cannot believe the posters on here advising you to wait for eviction.

I have a friend who was almost driven to suicide and to the verge of bankruptcy by a tennant who "waited to be evicted".

OP, let me tell you, it's an utterly vile thing to do to somebody. The presumption that just because you're a LL means your rich is totally bollocks. The onus is on YOU to make sure you have a roof over your head. YOU arw the one who is responsible to provide for your family, not your LL.

Please don't do that to him. You have no idea of his circumstances. My friend was in a "notifiable occupation" and would have lost her career if she had gone bankrupt. It's a horrible horrible thing to do to somebody who was good enough to put a roof over your head.

People are not advising it - the council made these rules and sadly this is how it works

I simply cannot believe the posters on here advising you to wait for eviction.

If her circumstances are such that she cannot put a roof over her childrens' heads and she needs the council to help her, then that is what she has to do. It's a fucking awful situation and I think it's disgraceful that desperate people are forced to do this, but currently that's how it is. She has 3 choices:

1. Find other accommodation herself
2. If she can't do that, stay until eviction and then turn to the council for help.
3. Leave before eviction with nowhere to go and have social services step in to protect the children.

Confusedfornow was your friend's tenant still paying the rent whilst waiting for the eviction notice to take effect? If so, why was she nearly made bankrupt?