To want a council/housing association house

[Tiredboymum22]

I’m aware I might come across as very entitled but hear me out.

DH employment hours were cut last Monday and a few days later we were given an eviction notice via text off my landlord. Because we have a mountain of debt, we contacted the council straight away. I told my LL that it wouldn’t be a straight forward process to move out (we’ve been here before but luckily found somewhere to rent) and that we need a formal written notice and his landlord registration number. We then found out that he’s not a licensed landlord and the house isn’t being rented to us legally.

He admitted this and said he would go through an agency and we’d have to sign a new tenancy agreement and then be given notice at the end of our 6 month contract. This should give us a chance to sort ourselves out financially and find somewhere else.

I haven’t reported him to the council and I won’t because I think it was a genuine oversight and he is distant family, but I’m incredibly frustrated! This is the fourth time we’ll have to move in 6 years! A chunk of our debt is due to moving! Three of those times were because our (then) Landlords were selling. We were told this would be a long-term let and we’ve been here 18 months. Furthermore, I have an autistic son and we need stability.

I didn’t want to be given notice but I was and then it was retracted. My husband will look for another job and then I’ll work when both kids are in full-time school so we might end up renting privately again (which is extortionate around here) and thus the cycle continues.

Everyone is telling me to be more positive but I’m sick of the instability!

I’m really sorry, that sounds awful. However, your landlord has got a lot to answer for - how can it be an oversight that he wasn’t legally renting to you?

I would tell the council he’s been renting to you illegally. Just do it. They still have to help you.

YANBU

I own my home and would still rather have a social housing tenancy. It would be cheaper, I’d have someone else to phone and make responsible for any repairs. I’d get a free new kitchen and bathroom every so often and I wouldn’t have to carry stress about roof tiles blowing off in the wind or windows getting old and needing replacement.

Why wouldn’t any low to average earner prefer social housing to private rental or ownership? It’s the lucky jackpot of housing.

Whether you want to tell the council or not, unfortunately you will need to show your tenancy agreement, proof your landlord has used the deposit guarantee scheme and if relevant, a Section 8 notice. If you have been paying rent and are the sole occupiers then there is no getting around that. There is nothing to stop you joining the housing register regardless of all of the above, but if you are not threatened with homelessness your banding would be assessed as low.

Its not the jackpot you think it is. The people in the most desperate need get the house no one else wants after years of living in bedsits, b&bs and temporary housing. Kitchens and bathrooms are replaced every 30 years and to ones in a basic style. Nothing fancy. The schools are often failing so there is no choice about getting a good education and making a better life. It's easy to be envious when you put on your rose tinted glasses.

No I wouldn't want to live anywhere near a council estate.

Be careful what you wish for.

the new renters rights bill means the landlord can't just evict you. So I'm not sure what his reason would be if he wanted to remove you at 6 months. You might find he doesn't find it that easy.

Why have you moved so much in the last few years?

It's difficult to get a council house these days - if you or your DH are immigrants you can get housing support that way?

Agree, speak to CAB or Shelter. If LL not following the law then all bets are off and you may well be entitled to significant compensation.

I completely understand your desire for stability. I've rented, owned and lived in council property. Don't underestimate the risk of being stuck with problem neighbours in social housing. You could easily be swapping one set of problems for another, but with less freedom to move. Get some advice from Shelter and StepChange.

I whole heartedly agree with you, I'm a homeowner but would happily take a council house for the reasons you listed - plus losing my job won't leave me homeless.

@blankittyblank he wants to move back in. We lived in a tiny rental house before this one and a family member offered this place as a long-term tenancy with cheap rent. It was also closer to town and I don’t have a car so that was handy. Said family member has now split with LL and he has nowhere for his kids to sleep over the weekend when he has them.

If you sign a new Tenancy Agreement now he can’t give you notice for 12 months unless you breach the terms of the agreement.

That said it will only put off the inevitable need to move at some stage.

I think it’s perfectly reasonable to want a secure LA or HA tenancy when you have a family.

I am a landlord and feel there is a place for private rentals, as some people need to live in a different area for work, etc. but I don’t think that they are suitable for families who need the stability of a long term home.

Not all areas require landlords to be licensed. It’s up to you whether you report this or not. I doubt it will affect your place on the LA priority list unless your current home is not fit for habitation, but worth checking.

@Fillies4DeclanRice We were given a notice of eviction after covid because LL wanted to sell the property. We moved into another house and were given notice 6 months later because LL split with wife. We moved somewhere much smaller and further away and were offered this place by a family member 16 months later.

It's quite tough to be a priority for council/housing association.

I did 2 years in hostels & very dodgy b&bs before being given a grim bedsit flat in a tower block.

I then had to do 5 years in that before being eligible for a 1 bedroom.

I then got a fantastic 1 bedroom flat in a new build in a nice area. People might look at it & be envious & think I'm hugely privileged but don't see what went before

A side point, but you both need to be looking for work, this shouldn’t be solely on your DH. Staying at home with your children is a luxury when there are bills that need paying. You will be eligible for funded childcare if you are both working.

Well yeah, near enough everyone wants one. Even some homeowners would prefer it.

There's nothing wrong with wanting it. Social housing is great and I think the more the better. It's a shame the government policies of the past have made it such a scarce resource.

I mean, nothing is stopping you, why haven’t you applied before? It doesn’t mean you’ll get something quickly but at least you’re in there.

I understand not wanting to cause issues with a LL relative but it definitely wasn’t an “oversight” lol

So the renters righta act will .ean you can give notice with 2 months notice. You need to read up on it.

You also don't need a landlords licence in many areas.
Either way you don't seem to have the full facts and legal info and you need to spran to shelter or cab who will advise you as it sounds like you are walking into another not legal contract .

Sign the new contract. It’s very unlikely that he’ll do the other things that he’s legally obliged to do, but don’t tell him that (deposit protection, safety inspection certificates, how to rent guide etc). When he tries to serve notice again, it won’t be legal so it will buy you a lot more time. I reckon you’ll have another year at least - not ideal but a bit more time than you thought.

@Tiredboymum22 legally he can't evict you. He would have to go to court for a possession order which may well not be granted given his non compliance with landlord regulations.
If you sign a new tenancy with him fully complying, he can't give you notice until that contract has run for 12 months. Then he can give you 4 months notice if he wants to sell/move in.
So you have a minimum of 16 months grace. On the other hand, with a proper contract you can give him 2 months notice at any point. So the ball is very much in your court, you have the RRA to thank for that.

relation or not this wants reporting
go to CAB as you need all this debt sorting out
Housing Association will probably give you emergency housing if you qualify usually bed and breakfast you need to register asap

@Tiredboymum22 tough luck for your landlord. He's renting the place to you. He needs to give proper notice and follow the correct procedures. If not tell the council housing that he's not been renting properly. It might help with your position on the housing ladder

I’ve lived in council housing, social housing, privately rented and privately owned. Out of all of those, my preference is for privately owned 100%, especially now I’m near retirement. Privately owned means at some point you will no longer be paying housing costs, unlike renting when you will always have to pay. It gives you more flexibility and options in that I can sell up and live somewhere cheaper to release equity. And the house is yours and yours alone!

I liked council renting for being affordable and having secure tenancy but you have no option of where you can live unless you’re able to swap.

private renting is flexible but you’re at the mercy of the landlord though probably less so now the new legislation is in place.

OP I hope you get it sorted. I wish there was more council housing available but since the RTB legislation came in in the 80s, it’s nowhere near as available as it used to be.