Friend and daughter can't pay rent and being evicted. Is there any social housing left?

[Wtftoadvise]

Both work with agencies on min wage, as far as I can tell must be on zero hour contracts. Friend gets hours 9 - 9 some days then other weeks far less work available. Upshot is they cannot pay the rent on October 1st and landlord has asked for it and told them to get out by November 1st.

Friend is distraught and has nowhere to go, no family as a temporary option. I don't live in the UK anymore and am not in a position to be able to lend money for a deposit and first month's rent. What can I suggest to help? I suggested applying for discretionary housing payment a few weeks ago, she's still waiting to hear about that but now things have got worse because the landlord is actually saying to get out as he now knows there's a problem paying the rent.

She has been to CAB, and tried many times to call Shelter but constantly gets the busy message.

They're in the Southeast but would go anywhere, is there anywhere left in the country that has social housing stock left? if they approached the council and asked to be re housed somewhere else would that be an option?

Are there any other ideas? I am really worried, friend is talking about trying to live on the streets because she can't think straight anymore and is completely frightened and exhausted.

Can her family help?

Yes deposit was paid on current flat. No family can help.

Daughter is an adult and has been working in the same kind of jobs as friend. Don't know about daughter but friend herself is registered with several different agencies and the work seems to come in fits and starts, ie some weeks will be going from one job that starts early straight to another evening job. But other weeks there's only 2 hours in the evening so wages very small. That's the sort of schedule.

Somehow the story does not quite add up. They may be eligible for a deposit guarantee scheme run by council or a charity, even if not social housing. If income is low are they claiming hb? They could email Shelter to ask advice as the ll cannot simply evict on basis of a sudden shortfall or without a Section 21 order, that would be an illegal eviction. Suggest friend pays whatever they can manage on time and sits tight.

Just wanted to add that it's illegal for a landlord to change the locks and throw their stuff out. If he wants them out he must go down the legal route via court and get an eviction notice and baliffs. In the eyes of the council if they leave voluntarily before the baliffs have come they will be considered to have made themselves intentionally homeless and will not be entitled to emergency accommodation. They must wait for the bailiffs if they want the council to rehouse them. On the day the bailiffs come make sure they are all packed an ready to leave as soon as the bailiff comes so they cane get themselves straoght to the housing office. They will need to get a paper from the bailiff to state that they have been evicted.

Somehow the story does not quite add up.

This is pretty offensive. Are you saying my friend is lying? She isn't, why would she lie about something like this? She is literally in tears whenever I've spoken to her this week.

She is embarrassed, hates feeling like she can't manage, hated having to approach the landlord to try to ask for reduced rent. She is very distressed.

I know my friend, I know she's been working herself into the ground whenever the work is there.

Just wanted to add that it's illegal for a landlord to change the locks and throw their stuff out.

Thank you, yes, I know it is illegal. However at uni one of my mate's landlords did this so that's why it crossed my mind.

For those suggesting the story does not add up, this is the reality for many people on zero hours contracts. You don't know what hours you are getting you are getting in advance, and you can go from 40 hours one week to zero the next. By the time you know you're getting no hours one week you're too late to apply for HB for that period, and any change in circumstances can take weeks {months in some areas} to process, by which point you're already near eviction. There are thousands of working people in this situation.

OP does your friend have a written tenancy? With the kneejerk reaction of the landlord, I'm wondering if he's tried to bypass the usual protections that tenants have.

The courts do not take illegal eviction lightly. Check whether their deposit is protected as I doubt it is from this and that also carries penalties for the landlords.

Not meaning to offend but has friend misunderstood her rights as a tenant or what ll has said, or maybe misconveyed the situation to you. How long have they lived there and what tenancy is it?

Although it's illegal for the landlord to just throw belongings out and change the locks, what is there to actually stop him from doing this?

I mean how would you physically stop someone if for example they do it while you are out at work.

Do you call the police and the police will force the LL to give you a new key?

Yes they have a written tenancy. Not sure of the details but I thought they had the property through and agent but now seem to be dealing with the landlord directly.

Last week I asked whether they'd been given a doc about their deposit to show it was protected when they moved in, so that's a good point too I must tell them to check if it was protected properly.

OP you may very well not be getting the whole story - I don't see why you are so defensive about that.

Is she a lodger (lives with landlord in same house) or a tenant with a tenancy agreement?

You've said she isn't thinking straight. Perhaps that's why her story doesn't add up. Firstly there are different ways to access Shelter so if she is worried about being evicted she has to prioritise contacting them.
CAB will have given her all the advice that's been given here eg they will direct her to housing benefit and hardship grants. They will have told her the legal rights she has and the details of the eviction process.
It sounds as though she's spiralling when she's talking to you. Be calm and direct her back to CAB, etc. You're not helping her if you treat her catastrophising as fact.

Cross-post there, I see she has a tenancy agreement which means that she would be entitled to the statutory notice period.

As previous posters have suggested, I would encourage your friend to apply for UC, her local CAB can help. If she is PAYE then fluctuations in earnings are automatically considered. She and her daughter will need to apply together as a "household". Her landlord definitely can't evict her without going through proper procedure.

Just to clairify - it is no longer possible for people to make a claim for housing benefit unless under some circumstances ( living in emergency accommodation, being in receipt of sdp). It would be Universal credit they need to claim and as a condition of claiming UC they would need to commit to finding different work/ job seeking.

I am calm when I speak with her. I am not treating her catastrophising as fact, but frankly they seem to be in a very difficult situation with no clear way out.

Moving to a cheaper area is all well and good and obviously needs to happen somehow but requires a deposit and first month's rent, and to pass the referencing checks to get a new property. Also, this landlord isn't going to provide a reference now either.

It's clear to me now that legally, they can't be evicted by November 1st so that's good.

They need to go on universal credit

She should go the CAB - if she is earning so little she should be claiming benefits......
If she is evicted for rent arrears then the council dont have to house her so she does need to pay something - She really needs proper advice

Is there a reason neither can get salaried work? As mentioned above some councils offer deposit schemes for those not eligible for social housing.

OP you may very well not be getting the whole story - I don't see why you are so defensive about that.

Not defensive, just protective of somebody I care about.

It's frustrating because those posts seem to fail to accept the reality of living on a low wage zero hour contract in an area with high rent - and yes, she does need to move, but that isn't something easily done with very little money either.

angered enough by this to sign up so I can reply. Brutally, the clueless tenant/bad landlord pairing is common on here and produces this kind of shafting. Your friend can and should fight back, the law is on her side (despite the stupid comments you will also read on MN about lack of tenant rights)

A decent landlord would know how long and difficult it is to evict, and would give breathing space if they are otherwise good tenants. (Landlords that don't have contingency for late/non payments should not be landlords) Sounds like he doesn't know how to evict anyway, or does and knows it would fail, hence the threats of illegal action.

Knowledge is power. She needs to read this:
www.gov.uk/government/publications/how-to-rent/how-to-rent-the-checklist-for-renting-in-england

it will tell her all the reasons why she isn't being evicted. Not being given this document is one of them. Unprotected deposit, (sue him) no official section 21, no gas safe if there is gas - there are loads of reasons why he'll be laughed out of court.

It includes advice on what to do in the case of an illegal eviction, which this is. (I only know English rental law but she said 'south-east' so sounds like it applies).

He won't use section 8 as it is almost impossible to evict with that. As and when the landlord gives a legal section 21, she still needs to sit tight to get any council help at all. Despite a new law allegedly preventing this, there is so little social housing that councils will do anything to disqualify applicants. Don't fall into the trap. If it does come to a legal eviction (six months or more from serving of a legal section 21), follow Marinetta's advice.

there's no need to waste time trying to contact Shelter, who will just tell you the same. They are only an advice service and it is all available online.

pragmatic solution; move elsewhere. But on her terms. Keep a record of all the things the landlord has done wrong which will help in securing a new property. Armed with the knowledge of what landlords SHOULD do, she can avoid renting from another crook. There are now no tenant fees (so rents will have risen in high demand areas). She may want to look into zero deposit schemes to help with that, while suing the crook for non-protection if applicable.

good luck.

Is there a reason neither can get salaried work?

Friend has applied for a lot of things. A steadier income would be massively helpful I agree.

i think you need to take the advice given with a pinch of salt.. Your friend cannot just change the lock and not give the landlord new key. That would be in breach of her contract and going to court would not put her in a good light. After all, the property belongs to the landlord. Try not to aggravate her position anymore than necessary by breaking the law. There are some really good advice like paying the rent is priority. Its easier to re pay the landlord instead of rushing to move out. Work out a sensible re payment. What does the husband do about it. Shouldnt he be the man and ensure he provide for the family? At least be sensible about how they use the wages even tho its minimum wage. I had know families on benefit go on spending spree on clothes holiday etc and then sweat it out when paying rent/mortgage. Its totally unnecessary.

The legal side of the eviction aside.... your friend cannot pay her rent so may need to look for alternative any ways x