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.

vestibule

Well obviously no, the tennant wasn't paying rent. That's why the tennant was being evicted!

This is not the same. OP is not avoiding paying rent

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 tenant 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 are the one who is responsible to provide for your family, not your LL.

Confused
Whilst morally you might be correct, legally and practically you aren't and your friend, whatever the reasons for her letting out a property were, should have protected herself with the correct insurance.

I am not a professional landlord, I am an accidental one but I have Landlord's insurance (which will cover loss of rent if fire, flood etc and malicious damage) and Legal Cover (which covers court costs and rent arrears).
If you are a Landlord in any capacity, these are the things you need, as well as liability insurance if your tenant is hurt on your property.
You should also know about deposit protection, annual gas checks and how to service notices properly. Or find an agent to do it for you.
It becomes problematic for every bugger if you have rogue landlords without a clue.

bollocks
Partially that reason - the council advice for tenants but also because HB is now paid directly to tenant not the landlord AND because DHSS unfairly or not, are deemed as a higher risk wrt malicious damage/taking care of the property which is why many have professional working as a condition.

serve notices

Confused - and let your friends experience be a lesson to people who, accidentally or otherwise, find themselves landlords.

You need to know what you are doing. You need to understand tenants rights.

You need to understand that it is shit that the council don't just accept the initial eviction notice a tenant/homeowner receives because it's one way of weeding out those who need less support than others. It's easier for them to wait until the absolute last minute to step in and help. When we were made homeless, the housing people even tried to get us our old home back as they had absolutely nowhere they could put us.

To be clear to OP: Even if you overstay the S21 notice, keep paying the rent until you move out, unless you are truly unable to pay it.

@Confusedfornow so actually, your friend's situation is nothing like the OP's situation, then? Not one person had suggested that the OP shouldn't pay her rent so perhaps you could take your frothing elsewhere?

Ok although you will be given 2 month notice the landlord will then have to apply to court - I can tell you that in some areas that can take over a month - you will be given a choice/opportunity to fill in form stating reasons why you should be given extra time (child birth?) & even than you will given another 2 weeks or so before bailiffs unless he spends out & takes you to high court (I know it quicker but it is a lot more expensive) basically it takes longer than 2 months. However to help yourself start organising & pack what you can well before.
It depends where you live as to whether the council will place you in temporary b & b, outside area or in temp council homes. as soon as you get a date for your bailiff notify the council. Fix an emergency bag for you & dc to include paperwork & medicines & bank paperwork. If you are in debt go to council homeless officer & try to arrange to come to agreement to pay off debt - I know this is hard but they will try to arrange affordable figure because some councils wont take for council (especially if its housing association in your area) homes unless you do this. read shelter website

They're giving you correct advice.

In some areas an eviction order will suffice. Only in really high pressure housing areas, do they not help until actual bailiffs arrive.

Are you in London or the South East?

I just wanted to say.... I've been there - DO NOT LEAVE THE PROPERTY - sorry for caps. In the councils eyes if you do you will be making yourself deliberately homeless.

These things can take months, use your time to get anything you don't need daily into storage if you can. If not get everything boxed up anyway.

I left my home of 10 years with my 2 children, leaving lots behind because I didn't have any more storage space. I posted the keys through the letterbox the day before the bailiffs were due and off we went. No idea where it would be that we were going.

Only by following the councils rules will you get to the top of the list - this in itself could take weeks or months, but they have a duty to house you in the mean time.

I've been in my council house over 2 years now, and it still breaks my heart to think of what was our home of 10 years. But we got there, kids had to change schools, massive upheaval, the stress of not even knowing what area you will end up in...

Sending you lots of love and support. You will get through it, and you will be in a better, more secure place - you can do this. Keep on top of all the paperwork, as soon as the section 21 expires, get down to the council, as soon as bailiff dates are arranged get down to the council. Just do everything they tell you.

Huge hugs

Just to add - we were served the section 21 in January and the eviction was June. It doesn't help dragging it out I know, but it gives you a chance to sort your things and hopefully get some stored.

And if your landlord is harassing you - report him to the police and the council as he has no legal right to do so.

I haven't read the full thread but my friend works in housing. She told me that from last year the council has an obligation to help you from when you get the section 21. They are not under the new governnment instruction supposed to tell you to wait for eviction. The last thing you want is to be in that situation. Good luck.

I would agree - unless LL goes to high court & gets sheriffs (??) ie TV program & I don't know those rules it cost a lot more - average time is between 5 to 7 months.

OP have you looked into moving to a different area? I LL to a tenant who was given this exact advice. My tenant and I stayed perfectly amicable throughout- because we communicated and I understood she was in an awful situation and she was trying.

She outstayed her notice period at which point I applied for eviction. Shortly afterwards she found a new tenancy in a completely different are some distance away. She was a single mother of three on benefits for context, so some private LL will accept people in your situation.

Ironically the council seemed to give her quite a bit of help with all of this, just not housing her locally.

Good luck.