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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Been given notice to leave our home, panicking.

68 replies

ReanimatedSGB · 01/05/2019 00:24

The council halved the amount of housing benefit we were getting, I have been fighting with them for about three months and we are a bit behind with the rent. Now we've been given notice (it's a section 21, so 'notice to leave' of two months, not a matter of kicking the door in and throwing us out) but I don't know what we are going to do, if we are going to be able to find somewhere in time when we get housing benefit and a lot of places won't take tenants on benefit...

OP posts:
grincheux · 01/05/2019 00:31

Are you renting privately, housing association or council?

Original poster
ReanimatedSGB · 01/05/2019 00:38

Privately. There is very little council housing available where we are (poor area) so we won't get council accommodation. My credit rating is horrible. I'm clinging to the hope that we will either not be asked for references as we have lived in the same house for 15 years, or possibly we will get given a reference that is at least neutral so as to be rid of us.

I don't want DS to have to move schools, he is HFA and the school he is at suits hiim well. I'm scared of being relocated to the other end of the country or something.

OP posts:
Original poster
ReanimatedSGB · 01/05/2019 11:28

At least one local estate agent doesn't reject tenants on housing benefit, which is a start...

OP posts:
Malbecfan · 01/05/2019 11:37

You don't have to leave on the date specified. It is merely notice to you that the LL intends to seek possession of the property. He cannot end a tenancy, Only you can by giving the requisite notice, or a court can. If it's a section 21, the LL has to have all his paperwork correct. Is the deposit protected? Have you been given written confirmation of where it is? If not, the S21 is invalid. Don't let on, because this buys you time to sort yourself out.

I suggest you get over to the House Buying, Selling & Renting Board on MSE where there are some seriously helpful posters. Best of luck.

stucknoue · 01/05/2019 11:39

Have you sought advice on how much housing benefit you are entitled to? Then make an appointment with the council taking your sons medical notes as additional circumstances. Your landlord has every right to evict if you are behind with your rent but you need to work out if you are entitled to benefits

Navy123 · 01/05/2019 11:46

I second the board on MSE - they have some really knowledgeable posters on there who will be able to help.

ILoveMaxiBondi · 01/05/2019 11:50

Oh I’m so sorry SGB! I was in your shoes in January. It fucking sucks. Very stressful few months.

Is there any chance at all that your LL would agree to a repayment plan? As you have been there 15 years? Could you afford it? Or do you really need somewhere cheaper?

VimFuego101 · 01/05/2019 11:51

In addition to the advice on MSE I would also call Shelter.

downcasteyes · 01/05/2019 11:53

Get in touch with Acorn, the tenants' union. (If you rent, it is well worth joining).

Bringbackthestripes · 01/05/2019 11:55

Are you claiming disability for DS? Sorry no help for your LL situation just wondering if you are getting everything you are entitled to.

Mummyoflittledragon · 01/05/2019 11:58

You’ve been there 15 years and the ll is serving notice. Have you had issues like this before and how much in arrears? That sounds really mean if you’ve otherwise been a good tenant. As Malbec pointed out you don’t have to leave in 2 months and can stay and fight. That realistically is the only way to get housed. But as you say that’s going to be tough locally.

As for references and credit ratings, it’s become more tough not less because of legislation. I know that’s not what you want to hear. Maybe go to the cab and go onto the board also suggested by Malbec.

Shinesweetfreedom · 01/05/2019 12:11

You haven’t said why he has issued a section 21,have you asked him.

Handsoffmysweets · 01/05/2019 12:11

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

averythinline · 01/05/2019 12:15

Does your council have a homeless prevention service? most do ...
also make sure your benefits UC/Tax credits whatever are correct...
if you do not have DLA then talk to National Autistic society they maybe able to advise....
Anything to sell ? rent arrears are tricky as can stop the council housing you as well.....any local charitys help if you are on low income?
Could you afford a smaller place...I know many that have 1 bed - so child in bedroom and parents sleep in lounge..(live in a very expensive area)
15 years is a long time - would also recommend Shelter for advice..

JaneEyre07 · 01/05/2019 12:21

My Dad was given notice by his LL selling, and we had to find him a new flat but as he's claiming HB it was near impossible. In the end we did it with DH acting as a guarantor, that may be worth looking into if you have family to do this?

Katterinaballerina · 01/05/2019 12:22

Have you talked to your MP? Some of them can be helpful.

MintyCedric · 01/05/2019 12:24

Might be worth getting in touch with Shelter...they are really good for advising on all sorts of housing issues.

Kaykay06 · 01/05/2019 12:27

Check with your council, if this is making you homeless they will need to house you, although it’s not a given you’ll get somewhere permanent for years (currently a year and a half ‘homeless’ in an awful too small house with my 4 kids) can’t move as I can’t grt a private rent and the council housing people treat me like I’m a druggie with no job - have a job car etc just a single parent trying to do what I can but am trapped.

Hopefully the council can help with the hb? How can they halve it? Mine is less if I earn a bit more But not half?
Hope you get something sorted too, and sad you’ve only been given 2 months I got mine in sept to be out end of January so time to try and sort something. Owners pretended to move in for a while then sold it.

IncrediblySadToo · 01/05/2019 12:31

SGB. I’m SO sorry to hear you’re in this situation.

You’ve been there 15 years...how has the landlord been until now & is it only because the over due rent they’ve served the S21? [Given the expected end of S21’s I’m not at all surprised they've panicked and served it so quickly. Sadly a lot of people are going to be in your situation. THIS is the reality of S21’s being done away with, it’s lose/lose for tenants and landlords]

I hope you can get the HB/other benefits sorted out so you can start paying the full rent again, with hopefully a back payment to cover the arrears.

These changes to benefits for people in your situation are fucking barbaric.

Jaxhog · 01/05/2019 12:46

a bit behind with the rent

How behind exactly? Hard to believe a LL would chuck you out after 15 years unless you are very behind. Even if you can't afford all the rent, I hope you are at least paying as much as you can. If you've been paying nothing for a long time then I can understand the LL taking this action.

As several people have suggested, you need to get help and the MN board or CAB would be a good start. Good Luck.

SihtricsHorseWitnere · 01/05/2019 12:47

I also suggest the MSE board and Shelter and ANY homeless charities in your area, even if they are religious, a lot are impartial when it comes to services. I'd look at any and all forms or housing, too, even shares and rooms in shares, to stay in the area.

Fucking hate this government.

goldenchicken · 01/05/2019 12:54

@ReanimatedSGB

Why has your housing benefit been 'halved?' Confused

As has been said, it seems very harsh for a LL to boot you out if you have been good tenants for 15 years. Is it purely the rent arrears that you are being evicted over?

If you are evicted, could you present yourself as homeless, and spend a few months in temp accommodation to see if you can secure social housing?

I hope you'll be OK. Good luck! Flowers

Vie8126 · 01/05/2019 12:56

I was in your position a two years ago, my LL served a section 21 I spoke to the LA who managed to get her to withdraw it for a few months as my oldest was sitting GCSEs and to give me time to try to muster up a deposit from somewhere. She agreed then turned up and did an inspection with the LA whilst I was at work with zero notice and low and behold I got another Section 21.

Please speak with Shelter they are amazing, they will tell you not to leave on that date and explain all options. I also wrote to my local MP you can find this information on line and there is a form on the site you complete which goes straight to your local MP. He was in contact pretty quickly.

My MP was unable to assist me but I do hear stories of other MPs in my area helping people get on the Council list etc (I work full time albeit on a low salary so was deemed I could private rent although local rents for the house size I needed with 3 kids were well over 1,000pcm!) or they kick start the Council into sorting HB claims.

Firstly contact Shelter though they are amazing and will send you everything you need. Good luck!

Sunshineandshowers81 · 01/05/2019 13:02

If you are evicted for non payment for rent the council will not house you as you have made yourself 'intentionally' homeless. Try to set up a payment plan with your landlord

Whatisthisfuckery · 01/05/2019 13:43

Ok OP, I’ve just been served with an S21 as my LL is selling up.

The S21 gives a date when they want you out. They can’t kick you out unless they obtain a court order which they can’t do until the S21 date has passed. Court orders can take 4 to 7 months to get.

This is important, do not move out until such time as you’ve secured alternative housing or you’re served with a court order. If you do move out before either of those things have happened then the council will judge you to have made yourselves intentionally homeless and they will not help. Keep looking and keep paying what rent you can until then.

Get yourself down the council asap with your S21 and make a homeless application. You’ll need to provide documentation, relevant evidence and bank statements but they’ll advise you on that. You are legally entitled to a decision in writing spelling out what if any responsibility they have towards you under their prevention duty. Also apply to go on the general housing register if you haven’t already done so.

Get yourself to Shelter. In my area you have to be referred by CAB but I don’t know about where you live. This is important because the council will find any way they can to wriggle out of helping you. If there’s even a shred of a reason to refuse they will. Shelter can advise you on how you can access legal aid (if you qualify) as you might need legal advice and potentially you might have to take the council to court.

Is there a floating support in your area? We have one here and they’re very good and I know a lot of places do. If so get in touch with them. They are there to help people like you. If you need to be referred then find out who by and keep on at them until they do. Ours you can self refer but I don’t know about others.

Arm yourself with as much information as you can. You need to know your rights because the council aren’t about to tell you. Throw your net out as far as you can and get as much support as you can squeeze out of doctors, SS, whoever. As PP have said, make sure you’re getting every penny in benefits that you’re entitled to.

Good luck. I know how you feel and it’s nauseatingly scary.