Landlord wants us to move out

[AwdBovril]

Sorry, posted here for traffic. Not sure where to post. IA (probably) BU for that alone.

They have today served us with a no-fault notice that they require us to vacate the property. It looks like we've got to be out 5 weeks before Christmas. We've lived in this house over a decade.

I've made an appearance with the council emergency housing/homeless adviser. Unfortunately we've not got a cat in hell's chance of getting another private rental. I'm disabled & not able to work, DH works p/t, & retraining to try to improve his earning prospects. Employment locally is difficult. We have basically no savings. 1 DD, in primary school.

Anything else I /we can or need to do at the moment? Apart from preliminary packing...

Lyralala Thank you again. shall do an investigation! My daughter is, at present, in sheltered housing. Her time there is nearly up and they who must be obeyed have decreed that she will be fine, with just about no support, in a local authority flat. Of course, she won't. She has been without money several times because payments have halted for one reason or another. I am informed that, when the authorities realise is in danger and not coping they will be forced to help.! I appreciate the support.x

There are charities you can call on for help in this situation I think it’s the sure start centres (if you are in the West Yorkshire area)

I have been advised that there is a deposit scheme before even if it just contributes.

Can you not get a council house? You might want to look at properties that offer a zero deposit scheme too, I am due to move soon and the zero deposit scheme is basically an insurance policy and it cost me £126 and this is classed as deposit

You're registered as Disabled I assume? & you have a young child, and a carer. You are in priority housing need in accordance with the Housing Act. The duty is also towards your child as a minor, it overlaps with the Children's Act at this point. The Council would have told you to come back once Possession Order has expired, and landlord has applied for a bailiff's warrant of eviction following that. At which point, they'll house you. Possibly into temporary accommodation first.

If they didn't tell you that then they're acting illegally and you need to go back to them. They should've opened a case and taken all relevant documentation and evidence from you, and given you a case reference number. Then once the Warrant arrives you take it to them. They won't move on your case until that point.

They could rehouse you anywhere although they have to take your illness and mobility needs into account. If you like the alternative areas they offer you that's all well and good.

They have a duty towards you and you don't need to go trawling around to letting agents at all. Ring Shelter, they'll give you more info.

Sorry I've just realised I made a typo in my OP (bloody migraine, I didn't see it). I meant to put that I have made an appointment, not an appearance. I am due to see them in just over a week. Apologies for the confusion.

Yes I am legally registered disabled.

Just to clarify the different benefits-

Universal credit replaces - working tax credits and child tax credit, income support, income related ESA, income related JSA and housing benefit. Once you go on UC you don’t go back on those benefits

DLA used to be the main disability benefit for everyone under 65. Only children can now make new DLA claims and then make a Pip claim when 16. All new adult disability claims are for PIP. Adults still on DLA are being “invited” to claim pip (ie DLA will stop).

People on DLA at 65 will not be asked to move and PIP and DLA awards can continue after 65 but new claims are attendance allowance.

There are a group of disabled people who won’t switch to UC even if their circumstances change. These are people getting a severe disability premium. (The government didn’t factor that premium into UC and the courts said it was disability discrimination.)

Information on UC here and on PIP here

Take the help from your mum. Tell the landlords you have nowhere to go (we rent out and I would never chuck out a family on the street ffs) they don't have a legal obligation but morally that sucks.

Hold tight, keep calm. You can do this. Good tenants are hard to come by so ask the landlord for a glowing reference and get looking. Tell everyone you are looking for accomodation and you are exemplary tenants having to leave for no fault of your own. I'd have you. Good luck x

Or do what Dee Dee says - sounds much better! (just seen that)

Wishing you well.

Hi AwdBovril make sure you take everything relevant - Tenancy agreement(s), Notice to Quit, proof of last 5 years addresses, benefits details, proof you have a carer, GP/hospital letters re your illness, your passports as ID, your DDs birth cert, yours too if you have it. Just saying, so you don't have to go back and forth with paperwork. Make sure they photocopy it all; & don't leave any of your original documents with them, take them home. When your landlord gets bailiff warrant, take it to them on the same day you receive it.

One thing tho, sometimes a landlord will take ages to sort a bailiff's warrant, or will try to convince you that once Possession Order expires, you have to move out. You don't. The Warrant is the final stage. Shelter are at end of phone if anything untoward should happen.

Good luck.

If you've always got on w your landlord ask them to give you a glowing reference and also ask them if they'd consider refunding your deposit early (after 10 years almost all damage will be "wear and tear" and not claim able unless you've broken windows, or removed doors or anything). If they agree you could consider another private rental although I'd advise council housing or HA if you can get them (for long term security).

DeeCeeCherry - if they make the LL go to court to evict and even bailiffs then they can forget about getting any sort of reference! I know that some Councils don't regard people as homeless until they have been evicted by bailiffs, but that should be avoided if at all possible if they want to show potential LLs that they are good tenants.

DeeCee - under the new Homelessness Reduction Act councils should be helping anyone at risk of homelessness (and having been served a S21 no-fault eviction notice counts as at risk) and developing a Personal Housing Plan including actions that the OP is expected to take (eg contacting letting agents).

I don’t agree that simply letting the clock run down and waiting for the council to put you in temporary accommodation is the right course of action. Yes the council will have a duty to provide them with accommodation but if this were me i’d rather avoid potentially being stuck in temporary accommodation for months or years if there is any chance of finding something suitable myself.

My wife and I were in similar situation 3 years back. Lived in property 9 years and evicted, no reason, on 5th Jan, by a vicar no less. We had to move 20 miles away meaning wife now has long journey to work. We do not drive. But rent cheaper, house bigger and worked out well. But we did have to find nearly £2000 for deposit, moving expenses, a skip, fees (no more). We had no money. Are you registered disabled and your husband a registered carer. If so the council will help. If not, borrow money for deposit and pay back when yours is returned. Hopefully hae friends to help you move. And council has deposit and rent schemes. Seems daunting but take it step by step. My advice is to move at end of 2 months, do not force landlord to evict you as references may be required. That said, if landlord wants you out you will get glowing references. If house is in good condition ask for early deposit release and tell landlord if refused you may not be able to leave. Good luck

ask for early deposit release and tell landlord if refused you may not be able to leave. What an excellent idea!

There are strict laws on landlords handling deposits. They can now only take 5 weeks' rent and it has to be registered. If it isn't they will have trouble evicting you. If you have a grievance with return of deposit the registration authority will arbitrate. The deposit registration should be renewed every year and you should have the certificate. I am a landlord. If my tenants show they can afford the rent then I will rent to them. You say your income is low but you can afford the rent so it shouldn't be a problem.

Deposit scheme is not renewed each year. And if landlord and tenant agree money can be released. It was just a suggestion to gain funding as most landlords are not as easy going as you sound.

Bubbin you are talking about should. Not law. You don't have to agree with me about awaiting Bailiff Warrant. I'm not asking for agreement, simply advising OP so she can be rehoused with hopefully as little fuss as possible. Thats all.

Just wanted to say that with 10 years' renting history I would rent to you in your circumstances. Happily.

If it's not been mentioned it may be worth trying to find a private landlord; OpenRent is a good portal. (I use them to advertise my rentals). Good luck, what a shit situation for you.

Interseting reading for some!..

www.depositprotection.com/

Just say I was in the same position (same benefits and not working) but a single mum. I put my name down on the bidding list, gave them the evidence of when I had to move out by, and a week before I had to vacate I got a property.

So there is hope! I know how you feel, it’s hard when you haven’t for the money for a deposit and 1/2 months rent, plus movers fees and the vast majority of landlords won’t touch people on benefits. Ironically I was on a 45k salary until a few months before.

Zero deposit schemes are becoming more popular with both landlords and tenants. Check out www.zerodeposit.com for more information.

We've just got a zero deposit. Dp. Is on an OK. Wage but when did referencing we put about UC, maintenance I received for ds and we qualified. Plus sent them every rent statement. Worth a try.. Don't leave it till. The end. Try and move before especially if something comes up

Always worth talking to your landlord to see if he can help. A reference, or confirmation you have always paid on time can help you find another tenancy without a deposit.

Hi you can now do a zero deposit scheme for new tenancy contracts (if the landlord agrees), I think you pay a small monthly fee to the zero deposit scheme company and they cover the tenant for the duration of the tenancy. Perhaps that is a way forward, also, a landlord should legally have your deposit in a deposit protection scheme-meaning that the landlord does not physically possess your deposit and any disputes over damsge/deposit deduction all go through the tenancy deposit scheme and everything is transparent. So basically a landlord can't just take deposit for any reason they feel like.

DeeCee - i’m also talking about the law - councils have a legal duty to act to try to prevent homelessness for anyone who approaches them at risk of homelessness after being served a section 21 notice that ends within 8 weeks.

I agree with you that in practice LAs won’t consider you actually homeless and fulfil their duty to provide accommodation until it get to the bailiffs warrant stage (for that reason it is unwise to simply move out on the date on S21 notice unless you/the council have already secured somewhere else to live as there is a risk the council will consider you “intentionally homeless” and that they therefore have a limited responsibility to help any further).

But I disagree with your advice that “you don't need to go trawling around to letting agents at all” - if OP gets a personal housing plan where that is an agreed action, then yes she does have to do that or risk being deemed to have refused to cooperate.

Also I simply wouldn’t view hanging tight and waiting to get temporary accommodation from the council as ‘Plan A’ - yes OP should feel reassured that the temporary accommodation option exists but it can be a pretty grim existence if you get stuck somewhere unsuitable.

Ask your landlord in writing, or by text as to where your deposit is. The court won't order an eviction without that evidence. Ask him if he could transfer bit direct to another landlord before you move out so you can sign another tenancy.