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Housing Eviction

187 replies

WaferThinIce · 31/08/2021 14:51

I realise this isn't the right place but am hoping to get some information or guidance as soon as possible. Friends (genuinely friends and not me) have been given an eviction notice as their landlord is selling their home. They, so far, haven't been able to find other suitable accommodation. They either can't afford it or they miss out because they come second. It's a family of three adults, parent and 2 children, and one older teenager, plus dog. As the end of their notice period comes ever closer and they still haven't secured a place they are getting very worried and stressed. Does anyone know what they can do if they haven't found another home. Will they be turned out onto the street or what might happen? Will there be an obligation on the local council to offer them temporary accommodation. They have looked not just where they currently live but also nearby towns and there's just nothing available.
Thank you

OP posts:
lannistunut · 31/08/2021 20:27

[quote girl71]@lannistunut i knew you would say that and you did not disappoint.

I doubt very much my friend and her children would like to be considered a creating writing exercise . Luckily i have a big heart and an even bigger house so could help them.

I see you avoided answering the "would you allow yourself to be homeless " question if you had a perfectly good property with tenants refusing to move. I'll take that's a no then!

[/quote]
I would have had no choice would I, if I had rented my house out Confused

Even landlords are subject to the law of the land.

girl71 · 31/08/2021 20:31

"@Hummingbird1950 She took a risk in an attempt to save her home. That was her choice. She could instead have chosen to sell it prior to any tenants moving in. She had a choice".

For gods sake you are being ridiculous. She fought for her family home. Tenants should no way overstay when they have been given notice to quit. You are given notice to quit. Just feckin leave as per legals. You rent, it is NOT your property. Stop hanging around and being evicted by bailiffs. Where is yr self respect.

Drgnbllx · 31/08/2021 20:38

[quote girl71]"@walksen This is a risk the landlord should have educated themselves about before entering the business of renting out their house".

Or perhaps we should educate renter's that they need to leave a house that is not theirs when notice is served. Perhaps we should be encouraging and educating renters to consider how they will house themselves and their families based on their incomes, rather than push back onto Landlords. Perhaps we should educate people that landlords are not charities. Rather than expecting landlords them to let live in their properties for peanuts /free/ wait to be evicted. Perhaps we should remind people that landlords have mortgages, and that housing has to be paid for and paying rent is not optional. Perhaps we should educate people that when you have been served notice to leave, you should leave. It is NOT your house, you need to leave. How you house yourself and your family is your issue not the landlord's . [/quote]
You still haven't explained what the tenants in the OP can do to avoid being homeless.

Cheeseplantboots · 31/08/2021 20:41

@twinningatlife

Presumably they'll continue to pay the landlords mortgage whilst they illegally squat and refuse to leave?
Exactly!
JaneKing75 · 31/08/2021 20:43

So i bought this thing called insurance when I let out my house, £50 a month covers me for loss of rent, legal costs, if there's a fire and I have to put my tenants up in a hotel whilst they are rehoused (a little known liability), if there's a flood and all their stuff is ruined, if a car crashed into the front wall. I'm covered !
It's a marvellous invention.
I sleep very well with it in place.

girl71 · 31/08/2021 20:46

"@lannistunut I would have had no choice would I, if I had rented my house out Even landlords are subject to the law of the land".

Yes landlords are. I suspect you have more than one house at yr disposal. Very easy to take your philanthropic stand when you have have a portfolio of properties in which to house yourself , if shit hit the fan.

You really think you are the dogs bollocks don't you Ian.

girl71 · 31/08/2021 20:48

"@Drgnbllx You still haven't explained what the tenants in the OP can do to avoid being homeless".

What do you suggest?

JaneKing75 · 31/08/2021 20:55

@girl71, it's nothing to do with self respect it's the practicalities of the matter. The housing department will not assist until the bitter end that's their policy. End of conversation. You can't be angry at the law (well you can but it's a futile exercise for all involved), I'm sure the tenants didn't enjoy the stress and uncertanity either.

TheChiefJo · 31/08/2021 21:00

[quote girl71]"@Drgnbllx You still haven't explained what the tenants in the OP can do to avoid being homeless".

What do you suggest? [/quote]
Seems that most people are suggesting they stay put until the legal process is complete in order to secure their entitlement to council housing. They'd be right, imv. You seem to think they should do something else, so what is it?

And I say this as a former LL who is not especially wealthy and has had to evict tenants in order to sort my own housing situation out. Why didn't your friend have LLs insurance? Why didn't she know the process and what tenants entitlements are?

lannistunut · 31/08/2021 21:04

@girl71 please try to remember you really know nothing about me, I'm just an anonymous poster on a forum, and you're projecting your interpretation onto me.

Rosebel · 31/08/2021 21:07

[quote girl71]"@Hummingbird1950 She took a risk in an attempt to save her home. That was her choice. She could instead have chosen to sell it prior to any tenants moving in. She had a choice".

For gods sake you are being ridiculous. She fought for her family home. Tenants should no way overstay when they have been given notice to quit. You are given notice to quit. Just feckin leave as per legals. You rent, it is NOT your property. Stop hanging around and being evicted by bailiffs. Where is yr self respect. [/quote]
What do you expect people to do if they can't find anywhere to live? The council will only help once you are kicked out by the bailiffs, until then they will consider you have made yourself homeless.
Self respect or a roof over your children's head? Know what I'd choose.

girl71 · 31/08/2021 21:08

"@TheChiefJo And I say this as a former LL who is not especially wealthy and has had to evict tenants in order to sort my own housing situation out. Why didn't your friend have LLs insurance? Why didn't she know the process and what tenants entitlements are?"

She did. She was fully aware of all process. I have said this. She never expected to have to evict ( bailiffs ) and the stress/cost that put on her. You pay up front, claim back, pay excess, get small percentage back. You are out of pocket in the end.

Hummingbird1950 · 31/08/2021 21:09

[quote girl71]"@walksen This is a risk the landlord should have educated themselves about before entering the business of renting out their house".

Or perhaps we should educate renter's that they need to leave a house that is not theirs when notice is served. Perhaps we should be encouraging and educating renters to consider how they will house themselves and their families based on their incomes, rather than push back onto Landlords. Perhaps we should educate people that landlords are not charities. Rather than expecting landlords them to let live in their properties for peanuts /free/ wait to be evicted. Perhaps we should remind people that landlords have mortgages, and that housing has to be paid for and paying rent is not optional. Perhaps we should educate people that when you have been served notice to leave, you should leave. It is NOT your house, you need to leave. How you house yourself and your family is your issue not the landlord's . [/quote]
People like you just don't listen.

The way people house themselves on low income, if they find themselves in the unfortunate circumstances of being evicted and having nowhere else to go, is through the council. They can only do that by following the council's rules which is to stay where they are until escorted out by bailiffs.

Many people on low incomes need social housing it's as simple as that, if their earnings will realistically never be enough for private rental and they don't have a guarantor. People can't always help their earning potential, there will always be some on very low wages with no chance of that improving and needing social housing. But there isn't enough social housing to go round.

In many areas, unless you inherit a tenancy (which I don't agree with, FWIW) you're realistically only going to be able to get social housing if you're disabled, a single parent and on benefits, or homeless. Those who can't find private rent and facing eviction are doing the ONLY thing they can do.

Which in the long term is also going to be the best thing for them (and any future landlords they'd potentially end up overstaying their welcome with): Following the homelessness procedure and getting rehoused somewhere by the council, however awful it may be. Because ultimately, that's how they end up with a permanent tenancy which they can actually afford. And where they have some hope of repairs being done (since social landlords can't choose to decline to renew the tenancy instead of carrying out repairs).

It's not a question of "educate tenants". To do what? Make themselves rough sleepers and not entitled to council assistance? Nobody in their right mind is going to choose that when there's another option available. This is the procedure. The fact you don't like it is irrelevant.

Drgnbllx · 31/08/2021 21:12

[quote girl71]"@Drgnbllx You still haven't explained what the tenants in the OP can do to avoid being homeless".

What do you suggest? [/quote]
I'm asking you.

If you can't answer the question, just say so.

girl71 · 31/08/2021 21:13

"@Rosebel What do you expect people to do if they can't find anywhere to live? "

Do what i do . Who houses me and my children? Me.

TheChiefJo · 31/08/2021 21:13

[quote girl71]"@TheChiefJo And I say this as a former LL who is not especially wealthy and has had to evict tenants in order to sort my own housing situation out. Why didn't your friend have LLs insurance? Why didn't she know the process and what tenants entitlements are?"

She did. She was fully aware of all process. I have said this. She never expected to have to evict ( bailiffs ) and the stress/cost that put on her. You pay up front, claim back, pay excess, get small percentage back. You are out of pocket in the end. [/quote]
If she never expected to have to evict, then she didn't understand the process. The tenants are doing nothing unlawful by staying put until enforcement. Tenant's rights aren't based upon a LLs needs/vulnerabilities. LLs should understand all this before deciding that they are in a position to let.

harriethoyle · 31/08/2021 21:17

Check the section 21 flowchart on this website OP - it's a housing website run by lawyers. If you think the link looks a bit porny and don't want to click! Google nearly legal housing website and it should come up as the first hit

nearlylegal.co.uk/

Hummingbird1950 · 31/08/2021 21:23

[quote girl71]"@Hummingbird1950 She took a risk in an attempt to save her home. That was her choice. She could instead have chosen to sell it prior to any tenants moving in. She had a choice".

For gods sake you are being ridiculous. She fought for her family home. Tenants should no way overstay when they have been given notice to quit. You are given notice to quit. Just feckin leave as per legals. You rent, it is NOT your property. Stop hanging around and being evicted by bailiffs. Where is yr self respect. [/quote]
Erm, I'm not being ridiculous.

Your friend made a choice. I don't know why you're having trouble accepting that fact. Her choices just about worked out for her in the end, with your help. She. Made. A. Choice.

She could have chosen differently. She could have thanked her lucky stars she wasn't facing eviction after her husband left. She could have sold her house and continued renting or bought another (possibly smaller one or in a 'lesser' area) with whatever equity/mortgage she had/could get.

Instead she chose to take a risk, she doesn't get to shit on those less fortunate than herself because her risk started to go a bit wrong for a while. There are laws against it. A risk is just that. A risk. It's not a guarantee that things will work out in ones favour.

I've no idea why you're saying I've got no self respect, I've plenty thanks. I've no idea why you're talking like I've ever been evicted either. I haven't.

Those "hanging around for bailiffs" are leaving "as per legals" as you put it. That is literally the law if one wants to be considered homeless through no fault of their own and eligible for help.

worriedatthemoment · 31/08/2021 21:25

Go to their local council housing as well it was years ago but we git housed in this situation, had to go in temp for 6 months but then got a house

Drgnbllx · 31/08/2021 21:25

[quote girl71]"@Rosebel What do you expect people to do if they can't find anywhere to live? "

Do what i do . Who houses me and my children? Me.

[/quote]
How?

girl71 · 31/08/2021 21:27

@Drgnbllx i can answer the question . I bought my own home in the early 90's, having worked 2 consecutive jobs in the late 80's and early 90's to save a deposit. I left home at 18 and rented a studio flat , due to my dad repeatedly beating me up . I worked 8.30
am -9pm 5 days a week for 3 yrs. My main job was 8-30 to 5.30 my second job was 6pm-9pm. I bought my first flat in 1994, i married in 98
and used my equity to but a family home. Then i planned my children. I had first DC in 2000 and second DC in 2006. I worked full time. I am now divorced. I lost all my money in my divorce so i started again and rebuilt my finances. I am
now financially stable again and own my own 4 bed detached house in a rural location with half acre garden.

chaosrabbitland · 31/08/2021 21:29

[quote girl71]"@Hummingbird1950 She took a risk in an attempt to save her home. That was her choice. She could instead have chosen to sell it prior to any tenants moving in. She had a choice".

For gods sake you are being ridiculous. She fought for her family home. Tenants should no way overstay when they have been given notice to quit. You are given notice to quit. Just feckin leave as per legals. You rent, it is NOT your property. Stop hanging around and being evicted by bailiffs. Where is yr self respect. [/quote]
self respect doesnt come into it when you have a young child and cant find anywhere else affordable to live . i think you are the one being ridiculous here , so parents are really going to think to themselves i know what the council have told me to stay , but i know what i will pack up my kids and go and live in a shop door way so i keep my self respect

its tough about your friend , she should have done her homework , allowed for the fact this might have happened before she became a landord renting out her family home . you still seem to not be seeing how the councils accross the uk work when it comes to a private rented tenant unable to get affordable housing and being evicted .

its been pretty much explained here a few times so its not hard to understand
the bottom line is there are next to no people in the uk that are going to disregard a councils advice to stay , and just up and leave making themselves homeless so its easier for the landlord ,when staying is their only chance of being housed .

Theythinkitsalloveritisnow · 31/08/2021 21:31

Not commenting on the legal arguments, but from personal experience of getting housed through the council I would recommend your friends do whatever they can to find a private rental. Once you have got an eviction on your records, good luck on finding somewhere private to rent again. In my city, serious shortage of council housing means you would be in emergency accommodation, not nice and no idea of how long it will be for.

And if you do get housed, it might be pretty shit. I have a friend living in a flat in a tower block with some horrible people living next door. Her flat is also infested with bedbugs.

I'm afraid this can be the reality. Of course, legally you can stay but I would do anything I could to avoid it.

Rosebel · 31/08/2021 21:38

[quote girl71]@Drgnbllx i can answer the question . I bought my own home in the early 90's, having worked 2 consecutive jobs in the late 80's and early 90's to save a deposit. I left home at 18 and rented a studio flat , due to my dad repeatedly beating me up . I worked 8.30
am -9pm 5 days a week for 3 yrs. My main job was 8-30 to 5.30 my second job was 6pm-9pm. I bought my first flat in 1994, i married in 98
and used my equity to but a family home. Then i planned my children. I had first DC in 2000 and second DC in 2006. I worked full time. I am now divorced. I lost all my money in my divorce so i started again and rebuilt my finances. I am
now financially stable again and own my own 4 bed detached house in a rural location with half acre garden. [/quote]
And what about those of us who couldn't buy a house in the 90s. I didn't leave school until 2000.
You were able to work 2 jobs, you were able to work full time. Excellent.
Except with a young baby and a child with disabilities and another who needs regular hospital visits I don't have that option.
Maybe just consider that not everyone has it as easy as you.
If I could go back to the 80s or 90s and buy a house while still at school I would.

Mantlemoose · 31/08/2021 21:43

They've been given notice so they should leave. Go camp at the council offices, they will put them into temporary accommodation. This may be a flat/hotel/b&b. If they don't leave all they do is postpone the inevitable and end up paying thousands in court costs for the landlord to evict them. The council wants them to stay so they don't have to house them.

I know landlords are hated by MN, I can't see why, the majority are decent and don't normally sell up unless they need to . Ultimately, the lack of social housing is not the responsibility of private landlords.

As a previous poster pointed out, good luck in them getting another private rent if they don't vacate.