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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Being evicted

93 replies

Dontknow1234 · 07/11/2020 23:10

I have name changed for this. We are going to be evicted. I have two children one with health problems. I lost my job due to covid. Have lived here ten years. Still by starving myself paid my rent all through lockdown. Can't get a private let as now not working and have no guarantor. Landlord served me with section 21 as selling due to ill health before rules changed so section 21 runs out in four days. I have begged estate agents but they all have this rule of a guarantor. I have gone to the council. Have even been put on two waiting lists as have connections to both areas. Have bidded on everything even areas 50 miles from everyone I know to avoid temporary accommodation and bailiffs. Now the estate agent and landlord are upset with me and dont care about my situation at all. I am sorry for staying but what can I do. Why I've posted is I'm so sad. Ive gone to my MP. The council now don't even answer my calls. My fault I guess for angering them getting a MP involved. What upsets me is some of these properties have ten bids and I'm tenth as only band c and have only been on it couple months but I didn't need to be on it before. I need to go into temporary accommodation for 6 months to be a higher band. I will have to rehouse my pets of years. This will devastate us all. I've told them I will have anything. I will have a private let that will take DSS. No one not even family will help/ be a guarantor so that hurts too. That's just the way my family is though I guess. I have paid for a doctor letter and the doctor agrees with me but he said doctor letters get accused of being a opinion by the council as he's had them tell him it before for someonelse. But I done it anyway as I'm desperate. I don't even need to be band a. If I was band b I could get a house in a week as they all go to people in band c but have to be on the list for two years. I'm not asking for more help than I deserve but I don't agree with my banding. I've been told they need 16 weeks to reassess so that's after a bailiff and I doubt it will change as apparently a health condition that isn't caused by the housing situation doesn't account. No but if my child is unwell and has to leave the b and b all day that's not okay. I've told it will be a b and b. Yet I know people here who have got a house before the section 21 runs out as they have 5 children. I know someone this week who has turned down four properties as not good enough for them. These have never been advertised on the bidding. It's not really a aibu I posted here for traffic. Please be kind as my landlord has said he wants us out by Xmas and I don't get why the nastiness. It's clean, looked after rent paid and always has been but now I'm hated. I've said he can have the court costs out the deposit. I'm not a bad person or a bad tenant. Estate agent has wrote a glowing reference. Yet he told me if I'm not out by next week they have to stop being nice. Like why is what I've done that wrong. I have nowhere to go. I'm sad all the time. I feel like I've let my kids down so badly. I'm on my own and have no family support. The dog comforts ( always lies on me) me but soon he will be gone too and he will be so sad he lives for these children.

OP posts:
Notthecarwashagain · 08/11/2020 13:01

another one

Lollyneenah · 08/11/2020 13:38

Sit tight until the bailiffs at at your door OP Flowers I know how hard it is. Your council will help you to emergency accomodation as soon as you become homeless, but not before.
Wrt your pets, I would get in touch with local animal charities and see if any of them would 'foster 'them perhaps in exchange for a donation until your have a fixed address? Explain the full situation to them.
There are good people out there who will desperately want to help you.

Finally,you need to stop worrying about what estate agents and landlord think of you, it doesnt matter. They are only looking out for themselves so you need to hold firm and look out for yourself too

Dontknow1234 · 08/11/2020 13:53

Thank you for all the advice and kind words from everyone. I will look into the animals being fostered. I will also keep looking on the links. I have been using open rent and DSS move, gumtree, Facebook. Asked about 80 -100 through estate agents over the last three months no kidding. Have also tried the only h/a nearish me but they only have one beds nothing for families. O have told the council weeks ago I would happily take a private let through them. They have offered me nothing.

OP posts:
Londonnight · 08/11/2020 14:00

Have you spoken to shelter? Evictions are on hold at the moment, so that should mean that you can stay until at least the new year.

Londonnight · 08/11/2020 14:02

@Dontknow1234Just got this of Shelter webpage

No evictions by bailiffs will take place during the national lockdown except in very limited circumstances.

These include where the court has already made an order because of antisocial behaviour.

The government has also said that there will be a temporary pause on evictions between 11 December and 11 January 2021.

Get legal advice on your next steps.

Housing advice: coronavirus (COVID-19)
Information on this page
Eviction and being asked to leave
Rent, benefits and money problems
Finding a home
Help if you become homeless
Restrictions, repairs and moving home
New national lockdown restrictions apply from Thursday 5 November.
This page has been updated in line with new government guidance.

Last update 06 November 2020

Eviction and being asked to leave
Courts are open but the legal process could take several months
For most tenants there are 3 stages to eviction:

notice
court action
eviction by bailiffs
Your landlord can still give you notice or start court action during national lockdown but the whole process will take much longer.

Some court hearings will go ahead. You will get a letter from the court with the date.

No evictions by bailiffs will take place during the national lockdown except in very limited circumstances.

These include where the court has already made an order because of antisocial behaviour.

The government has also said that there will be a temporary pause on evictions between 11 December and 11 January 2021.

Get legal advice on your next steps.

Most tenants are entitled to 6 months' notice
All section 21 notices from 29 August onwards must give at least 6 months' notice.

Most section 8 notices and other eviction notices must also give 6 months.

But you could be given a shorter notice in some cases. For example:

4 weeks' notice if you have rent arrears of more than 6 months
little or no notice if you're facing eviction for antisocial behaviour
Your landlord can only start court action once your notice period ends.

If you've not had notice yet and have less than 6 months' arrears, this probably won't be until spring 2021 at the earliest.

movingonup20 · 08/11/2020 14:18

Do you know someone who has a garage /spare room to store your belongings, I would also suggest trying to get boxes etc ready so you are ready - once you are legally evicted your priority at the council will increase to the top band and they often find self contained for families as emergency accommodation rather than b&bs but expect to need to store furniture etc. It's worth asking on local Facebook groups, next door app etc if anyone has somewhere to rent in the appropriate size and price bracket because you never know, there are kind people out there. It sounds like your landlord has genuine reasons, they are entitled to sell, as inconvenient as it I would ask for a reference and also ask if they know of other landlords who could house you, worth trying

80sballetgirl · 08/11/2020 15:18

@dublingirl66

Would more than happily help with the dog I have a large farm and can temporarily help you out so you won't have to pay for kennel fees Please consider this

Hopefully you won't need to and you can get the help you need

That is so kind 💜
CSIblonde · 08/11/2020 15:40

You need to be persistent & actually mention the Private Landlord Incentive scheme or they will try & fob you off. Its a national Government scheme
Every housing dept has it some call it private lettings help, but but they like to reserve it for those actually already evicted & in temporary accomodation. I asked about help with private lettings before eviction & got told there was nothing, by the woman who was head of the dept,who "assessed my housing need". Once I was evicted & in temp accommodation, lo & behold the same woman is emailing me re a choice of 3 private let's all in different boroughs with another housing officer "assigned to assist me".

dublingirl66 · 08/11/2020 16:19

Or offer higher deposit due to pets?

I used to do this

Wish you the best

Lots of great advice here xxxx

Butterer · 08/11/2020 16:52

This reply has been deleted

Message withdrawn at poster's request.

dublingirl66 · 08/11/2020 17:52

Ok apologies !!

This was a while ago

Butterer · 08/11/2020 17:56

This reply has been deleted

Message withdrawn at poster's request.

Sunnydaysstillhere · 08/11/2020 17:58

Can you say an area op? I work for a ll who takes no bond /deposit...

Stripyhoglets1 · 08/11/2020 18:12

Stay put. Cases are behind in court and non fault evictions very low priority. The letting agent needs to help you and if they won't find you anywhere else then you need to stay put for a possession order then bailiffs (or until the council rehouse you).

whataballbag · 08/11/2020 18:15

Stay put. He can apply all he likes, doesn't mean it will be any quicker. We have a tenant who's s21 expired six months ago. We still haven't got a court date.

Once court have granted a possession order the council will have to house you.

whataballbag · 08/11/2020 18:16

What's your area op?

TheYearOfSmallThings · 08/11/2020 18:29

Horrible situation - the only positive thing I can say is that with two children you will almost certainly not be in a B&B for more than a few days before they put you in "temporary accommodation", which will be a flat/house (could be good or bad), for as long as it takes to get housed either in council or private rented accommodation. They tell you it will be B&B to push you into finding something for yourself before you become their problem. Only in places like Westminster do they really keep families in B&B's, to try and push them to accept housing outside that very expensive area.

As long as you are still housed, you just aren't a priority. Best to pack up, find a place to store furniture etc, and be ready to "go homeless" for as long as it takes. It won't be pleasant, but in your circumstances I believe it is worth going through the process to get secure housing (council). Good luck!

TheYearOfSmallThings · 08/11/2020 18:30

Btw I wouldn't blame family for declining to be a guarantor - I wouldn't take that risk for anyone, because I couldn't afford to be liable for their rent if circumstances made it impossible for them to pay it.

Squigglypig2 · 08/11/2020 18:42

It wouldn't surprise me if EA/landlord have wrong dates or information on s21 - the expiry dates have changed a couple of times since March. It's currently 6 months. The landlord will have to go to Court to get an order, the paperwork for an accelerated will be processed when the courts have time - no fault evictions are not a high priority. After the order comes into force, then landlord can apply for bailiffs. He could apply via High Court but during lockdown evictions are all on hold unless particularly serious - i.e. severe anti social behaviour. Once you have the court order and/or eviction notice - that's when the housing team will pick you up.

AuntLucy · 08/11/2020 18:55

I work in the industry and we received this updated guidance from the official authorities on Friday: in summary, if you have nowhere safe to go, do not leave. There is nothing your landlord can do. Keep paying the rent, and move when you can safely do so, but for Autumn/Winter 2020-21, you continue to have security of housing, no matter what the section 21 notice says.

"Updated Government Guidance
Dear colleague,

Since we issued our newsletter earlier this week there have been further announcements regarding the Private Rented Sector. Government has given confirmation that estate and lettings agency offices can stay open and made further announcements on evictions and the extension of the furlough scheme. See below for the latest updates.

Evictions
• Evictions will not be enforced whilst national restrictions are in place, except for the most egregious cases such as anti-social behaviour and fraud
• Taken with the winter pause on enforcement of evictions, this means that there will not be any bailiff activity until 11 January 2021 at the earliest except in the most serious circumstances,"

Randompersonisme · 08/11/2020 20:19

When I rented I never had someone who could act as a guarantor so I was able to pay the first 3 months rent up front instead. I paid this recently for my brother as he needed a guarantor.

Not sure if this would be an option for you to get a private let.

Mascaramademehappy · 08/11/2020 20:46

A high percentage of S21’s have mistakes on them so they are thrown out.
Go on Money Saving Expert Forum - House renting buying and selling - they have an 80 point check list to see if yours has any mistakes - If it does, the landlord will need to reissue.

With regard to the pets, I think the cinnamon trust may be able to help with short term fostering, or some of the smaller local rescues might be able to help out.

I feel for you

IEat · 08/11/2020 21:59

On the day of your eviction (according to TV show about Bailiffs) you'll get a letter anf you take that to the council and you'll be put in emergency accommodation

Dontknow1234 · 14/11/2020 22:52

Update. So the section 21 run out. The landlord is or has applied to the court.one of my children isn't well and is becoming more symptomatic so have a scan next Friday to see if their surgeries this year have worked. Can't get a private let at all have tried for the three months I had section 21 and still trying. I am so worried about my child and so worried if his surgeries would mean he is either shielding or post op again ( godforbid) when a bailiff turns up here. I just need it over so I can try to rebuild some kind of normality and okayness for my children. Just wanted a handhold really, have started having panic attacks and just had a really bad day mental health wise I feel like I'm loosing it. We've lost so much this year that I don't really want to go into, my child has had two surgeries and now may need another and I can't even provide a secure home. So lost,sad and all I keep thinking is what if God forbid he is post op from another major surgery and a bailiff comes here.

OP posts:
ramblingsonthego · 14/11/2020 23:46

@Dontknow1234 no evictions can happen during lockdown. And no evictions can happen between the 11th December and the 11th January (this is law, and what bailiffs have to stick to) so don't worry about that. Also for a S21 court date your landlord is going to be waiting a very very long time. They are only just hearing S8 with very serious rent arrears (must be at least 6 months and pre pandemic) or serious anti social behaviour cases. Your landlord will be lucky to get a court date for a no fault eviction (which is what a S21 is) within the next 6 months minimum. Wait it out until you are ready to leave. Honestly you have nothing to fear.