to feel that this eviction feels unfair.

[Humblepieis]

Please go easy. I'm in a dark place.

I am getting evicted from my property. The main reason being around I think my children's noise. The house has absolutely no sound proofing . I can hear my neighbour pee. yup. so really a family with siblings that argue isn't suitable. Im not excusing the noise. But giving context. In a normal family home, noise like this would be ok. I'm sandwiched between neighbours in a flat where you can gear every footstep. you can hear conversations. Unfortunately I have a separated DH who is an alcoholic and uses to be allowed in the house but he created too much noise. so he has not being allowed inside in a while. my poor children are traumatised by dad. This has resulted in them being angry and swearing . ( though my separated DH and myself don't swear and I do not shout ) I hate it trust me and cry all the time. I do all I can to get my 10 year old to stop. they are under cahms. They havebehavioural issues. and possible mental health issues. on top of this I acquired a disability 3 years ago and are basically the sole patent with no help . family out of country. It's been hard to manage with an alcoholic father, day regulated children and a disability which has been very debilitating. we are all moving home later this year but I just wondered if I can put up a defence against eviction. they are calling it anti social behaviour. Honestly we are a good,, loving , professional family that's just in a bad situation. Why we are mofingvhomevas I'll have family support and everyone will be happy. I'm literally drowning in stress and an inability to cope. I just want to stay in the house until we have to move.

Any solicitors that know any defence around a child with mental health issues /trauma explaining tye behaviour rather than labelling it as anti social?

Whilst your life sounds very stressful and difficult it is clear that your current property isn't suitable for you. You say that 'in a normal' property the noise you all make wouldn't be a problem and that the walls are paper thin.

Unfortunately if you live in close proximity to neighbours and you have paper thin walls then you can't have members of your family shouting and swearing and making a lot of noise. I feel sorry for you, but why should your neighbours tolerate this? Your situation/family is clearly making their lives hell and probably impacting on their mental health as well.

In the kindest possible way you'd be better investing your energy into trying to secure a place that is more suitable for your family needs.

S8 is changing in May so if the notice doesn’t arrive by then they will have to comply with the new rules.

If they do serve a notice before then scrutinise it to make 100% everything is correct. It has to be a valid notice before they can take action.

What communications have you had with the landlord? Anti social behaviour usually requires evidence. It is a discretionary ground for eviction so the court will also assess the reasonableness.

I think you’ll struggle getting a private landlord to accept any sort of disability allowance. Possibly you’d have a case for some sort of disability discrimination down the line (no idea) but taking him to court for that won’t get you back in the flat. I agree you need to focus on trying to get help with somewhere else/more suitable. Have you been to the council and told them what’s happening? Get help/support from any health care professionals such as GP, school nurse, etc.

Ring the council and ask to speak to their homelessness team. When you get through to them, explain that you are being evicted from your private rented property and that you have 2 kids, one of whom has MH issues and that you have a disability yourself.

They will be able to advise you on what steps you need to take next.

It doesn't really matter why they're doing it. They ARE doing it and your neighbours shouldn't have to listen to screaming and swearing, regardless of how shit that child has it at the moment. Your property is not suitable for you.

I doubt this has come out of nowhere, you must have known your kids behaviour was impacting others and wouldn't be tolerated forever. You get a lot of warnings before eviction ends up on the table. You had a chance to crack down on it. Now they are sadly having to learn the hard way that behaviour has consequences.

Not sure of need for SS and school involvement?? I am a trained social worker. This is more CAHMS

School are aware of swearing at home as I told them. No issues at school. Well behaved.

They will tell you to wait for the bailiffs then they can rehouse you, but it will be months in the future

balloon. we have not had one complaint re noise before. so no. and I had no idea that it could be heard like that even though I was so aware that we have no soundproofing. so no, it wasn't like I've had multiple complaints. I get along well with the other neighbours. they have not spoken up.

Do they have to show antisocial behaviour?
Can they ?

as I said we are moving home to the country I'm from. IE not UK. I just need the place for a few more months. I'm leaving cause I'm disabled with two children traumatised by an alcoholic father and I have no family here.

what do you mean do they have to show ASB? no they can't but ky LL has gone to each neighbour as well as leg me explain. I've said my child has mental health issues/ trauma and a letter from CAHMS but it was ignored

If they serve you a s8 but not a s21 there is probably a reason they can’t serve a s21. Did they serve you the gas safe and was the EPC in date when you moved in? Did they put your deposit in one of the schemes? Very odd to use a s8 on the most difficult ground to persuade a judge, when they could just use s21 and yes it takes a bit longer but provided they haven’t cocked up somewhere along the way s21 is watertight and no solicitor in the land wouldn’t serve one at the same time as a backup.

Do they have any evidence to prove antisocial behaviour and persuade a judge to kick you out?

You need to wait for the actual notice and when it arrives contact citizens advice and the council.

It sucks for you, but unfortunately your neighbours don’t have to put up with it just because the noise comes from children. I would try to move over to social housing and fingers crossed the issue doesn’t keep repeating itself.

Unfortunately noise is one of the downsides of flats. I had a neighbour come knock insisting he could hear me on my phone……

Under the new regulation provisions, if a landlord uses S8 for ground 14 (antisocial behaviour) there is no notice period, the landlord can go straight to court for an order and evict as soon as they have one. Its the same more or less with the current system, so it's far quicker than S21.
As the landlord does not have to give notice it may be going through the court now, and when a bailiff turns up, that's it.

they have anecdotal evidence from other 3 neighbours as far as I know.

They have given me until July
I only want until August then I'll move from.UK anyway. So I don't want a new home. I just need this one die a few months.

plus i have a disability which makes it near impossible to pack
I need more time.

They may serve section 21 also I don't know.

in regards to the gas and electric, the LL did tye gas last year but has let me be without a kitchen light for over two years despite me asking, no electrics test yet got it all fixed last week so she can evict me. surely that's retailitory or illegal in some way??

No. It’s retaliatory only if they had a notice from the council. Which they didn’t

They have given you a good length of time, they don't have to give that for S8 ground 14 evictions - what will happen due to the S8 antisocial element is the legal proceeding will be launched now, meaning they will have the possession order for the date they have given you, so you should expect the bailiffs on that day.

Its the only ground under S8 where there is no fixed notice period (although courts won't issue an order for 14 days) and the court case can be filed on the same day as the notice is given, meaning on expiry of notice, assuming the court has issued the order, you can be forcibly evicted on the expiry of the notice.

So don't assume sitting tight will work on this one, its not like other s8 grounds or s21.

Blushing I never says it was normal
I hate my children swearing. my SHuahabd is no longer allowed in the house due to his anger. my children are traumatised. So don't think for a moment I think it's normal. I cry every single day . I cried tonight just now as my chips is telling. I dont know how to get g
her yo stop. all I said was that in a proper house you wouldn't hear this and even more normal sibling fights.

i can hear my neighbour pee . that's how thin the ceilings are

Sounds lik3 you have three months to move if it's July so that should be plenty of time to arrange a packing service if you can't do it yourself. If you are leaving the country in August then you just need an air b and b or caravan maybe for a week or two before you go. Are you shipping much or just taking your clothes? Perhaps you can ship early so it's easier.

I don't even have the notice yet.

they can't be lunching court proceedings without a notice surely??

You said they have given you until July, that is the notice, if they have said its on grounds of antisocial behaviour then they can file the claim with the courts from day 1, there is no statutory notice period - presently the courts won't grant an order for 14 days.

I'm assuming they feel July gives them enough time to get the order.

Did you get a letter, specifically a form 3 informing you of the date?

Have you been served a s8 notice or not? It would have come via email or post, possibly both. Presumably it wasn’t handed to you as you’d remember. If you don’t have one, they haven’t legally given you notice. They are quite difficult to miss

You still have to actually serve the s8. You can progress it straight away if it’s for nuisance, but you still have to actually serve the notice, and there is then a 4-6 week wait usually to get in front of a judge. So OP has missed it somehow or it hasn’t been served? I am not clear tbh no offense OP.

My point was why would you rely on s8 when s21 is still available and antisocial behaviour claims can easily get thrown out by the judge on the discretionary ground which it sounds like it will be. You need a fuck ton of evidence to have any chance at success, you have to persuade the judge that it’s so bad that it’s reasonable to kick someone out of their home, that is quite a high bar.

I'm guessing the landlord must have that evidence, testamentary from other residents, diaries of complaints etc. They must be fairly sure of their ground or otherwise they would be mad not to use S21 whilst they still can

Be interested to know what OP has received, she has a date to go by, question is whether that was in the official format or just a verbal/written pre warning.