Facing homelessness/WWYD?

[Boymamabee]

This is the second eviction notice we’ve had in 11 months. We were in the first house for 3 years before the landlord decided to sell up. We’ve been in this property for 11 months and I’m heavily pregnant. I’m annoyed that they reassured us that the landlord only wanted to sell with sitting tenants (us) and three months after we renewed our contract and agreed to a rent increase, they served us a Section 21 with two months notice.

My husband earns less than 2k a month. Until last December I worked in a kitchen. I had to leave due to pregnancy/health complications (I was adviced by my consultant to stop work). I’m also doing a degree which means I don't qualify for UC.

Private rentals have become extortionate. Two years ago, our rent was around £200 cheaper than the average house now. The only property within our budget is basically behind a crack den (according to DH’s colleague). Everywhere else has multiple applicants! It’s so discouraging.

I’ve contacted the council and they’ve told us to stay put until the landlord puts in a court order. DH would rather apply somewhere more rural though. It would mean changing DS’ school which wouldn’t be a problem but he’s on the pathway for an ASD diagnosis. His school is the best in the area regarding the ASD or SEN unit. It’d also mean more driving/fuel and rent is only marginally cheaper. DH said he’ll do self-employed stuff on the side (fixing computers, etc) as he doesn’t want to risk temp accommodation, SS involvement, and the landlord taking us to court. Finding a bond would also mean borrowing off family or getting further into debt.

Anyone else been in a similar situation? WWYD?

If you signed a contract three months ago, how long was it for? And does it have a break clause?

Tbh, your household income is unlikely to hugely increase in the next few years, so you might be better off holding out for temporary accommodation and onto the council housing as you’ll be paying a lot less in rent long term with much better security.

Would you definitely have to move schools if you moved more rurally? In our area at least once you're in, you're in. Depends on distance to travel I suppose.

If borrowing a deposit off family is an option, as you suggest, I would definitely do that.

How long have you got left on your degree?

I feel the same.

I think it was 3 months. DH is the lead tenant (earns more) but the council are checking that the notice is valid. I’d be surprised if it wasn’t as everything’s through an agency.

stay put until forced out, if you are hoping for council accommodation

DS is currently in pre-school/nursery as we’re in a catchment area. I’m about to apply for reception and local people have priority. Even though he’s currently at the school, it’s a separate application for reception.

Stay out and follow what the council says.

Aibu isn't the best place for this - you'll get better advice from people who understand tenancy law on

Reddit HousingUK www.reddit.com/r/HousingUK?utm_medium=android_app&utm_source=share

Acorn www.facebook.com/groups/tenantsupport/?ref=share

But first things first - you need to tell us if you're in England, Wales, Scotland or Northern Ireland as tenancy laws vary greatly.

Use this to check if the S21 is valid (England version) england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid
From what you've said, it's not going to be valid because they issued it less than 4 months after the start of the fixed term tenancy agreement (possibly other reasons too). No need to tell them it's not valid though - stay put, wait until a civil court date comes up, then defend the court action by pointing out why the S21 is invalid. Then the whole process starts from scratch again. This would drag out the process for quite a few months.

Being taken to court is not as scary as it sounds - it's a civil court not a criminal one, it's not like it's going to show up on a DBS certificate. SS aren't going to get involved purely because you're in temporary accommodation (I'm presuming you're not already on a child protection plan or something).

Speak to your university - they usually have hardship funds available to their students. Some also have on site accommodation for families - typically they're used by international postgraduate students, but by this time of year a place might have opened up and be available until September.

Not really fair on the landlord but given the awful council policies you'll probably have to stay put

Your notice doesn’t sound valid to me. If it was a new tenancy agreement the standard is 6 months fixed term and the legislation says notice can’t be served before 4 months. If it’s invalid they’ll have to serve it again correctly. Make sure everything else is in order as well - do you have an EPC, were you given a How to Rent guide at move in, is there a valid EICR (electrical safety) is the gas safety up to date and has it been throughout the tenancy, is your deposit protected. Any of these things not in place can invalidate notice.

Secondly, I would absolutely stay put in your situation although I will warn you it is stressful. Keep paying your rent as if you are in arrears it will affect your chances of being housed. It can take 6 months to go through court and get to the stage where you’re actually evicted.

You can still claim uc if you're studying as long as you have children?

How is a s21 valid if you're under contract?

That's weird I thought everyone applied for reception at the same time? Our applications were in in January.

Why are you only just applying for reception? Are you not in England? The closing date was January and next years applications don’t open until October. If your child has an EHCP the cut off was October/November and you will have already received his reception place.

Have you checked in case you are entitled to more help? Entitled to will give you a good steer. You can claim UC whilst studying so make sure you are getting all the help you can.

Op may not currently qualify given her dp earns 2k , they only have one child and student loan is more or less deducted pound for pound from UC. It would be worth checking again once the second child is born.

One of the mums recently told me it’s a separate application for nursery and reception. Turns out it isn’t and I had already applied for both (just forgot 🙄). Should have confirmation by April.

I live in Wales.

As you live in Wales the new Renting Homes (Wales) Act has applied since 1st December and assuming you signed your current contract on or after 1st December they need to give you at least 6 months notice.

sheltercymru.org.uk/housing-advice/eviction/

www.gov.wales/renting-homes-frequently-asked-questions-landlords

Why did you give up work? Surely you could have been signed off sick until your maternity leave kicked in?

I would stay put in your situation. It doesn't sound like you have much choice and you have been priced out of the private rental market. It is stressful and a horrible situation to be in but I think it could be worth it for the long term security.