to expect the council to house us even though DH is sshh ..... working!!

[EverSoSlightlyStressed]

Landlord has a court order for possession which runs out tomorrow. Council have basically said we will have to wait for the court bailiffs to physically kick us out and then go to them with our stuff in binbags before they will provide us with anything even emergency housing which is quite a stressful thought . It could be that we have no more than 7 days until we get kicked out depending on how long it takes for the LL to arrange the bailiffs to come. Obviously I have no problem with the LL wanting us out and feel terrible that he has been forced to take us to court but it is the only way the council will help us.

BTW we are not feckless or scroungers! We have 4 DCs - youngest 2mnths old. DH works around 48 hours a week and has a relatively good wage. We are not entitled to tax credits (child benefit only) and have struggled with the massive amount we have to pay in private rent but scraped by without too much hassle. LL decided to sell house last year, we knew we would have problems renting again as we are both had to go bankrupt (1 year ago) since we moved into this house so our credit is shot and no chance of ever having a mortgage again . Current letting agents said they would not be able to rent to us again because of this as we have no one to be guarantor even though they have had no problems with us and nor will any other agent. There are no properties being advertised by individuals that would not need a credit check round here (except for shared house rooms) and anyway all 3 bed properties are like gold dust so we are in deep shit!!

The council keep telling us that as DH works we should find our own property. We keep telling them that we can't for reasons detailed above. It seems that if he was not working and we were on benefits, they would bend over backwards to help but as he is a taxpayer, they will not do anything. Is it me or is this a bit arse about face??

As far as I can see JollyPirate, what the OP is guilty of is assuming that they will be rehoused immediately rather than trying to find alternative accommodation on their own. I can imagine it must be difficult given their lack of credit but if one of them is earning around £50k a year then they must be able to convince a private landlord that they are able to pay the rent (especially as they have not defaulted on their current rent) by asking the DH's employers to act as guarantors and getting a reference from their existing LL>

However, they seem to have forced their LL to evict them by taking them to court, rather than moving out of their own accord, despite knowing that the LL wanted to sell. I would not be happy that I was being dragged through the courts even if I didn't have to pay costs and probably would be disinclined to write a reference.

It seems a very high risk strategy to force everyone's hand like this when I am convinced that they could have found alternative accommodation through being slightly less mulish about the situation.

Trafficcone

Dont know why you decided to single me out.I had written a very good informative non judgemental post. Then decided to add more by which time the thread had more on fast. I MISSED her point as I had my window open for a while making a brew sorting out my son. It happens.

Had I had realised the situation with tax credits I would have recommended that she contacted them to request the overpayment was taken out over a longer period.

"Trafficcone Mon 22-Mar-10 20:12:18
onadietcokebreak how many fecking times does the OP need to repeat it" was completely uncalled for. How exactly does this help the OP?

Ah I see. I do know that my exH had to have a guarentor(sp) to rent a flat at £500 a month because of a CCJ.

If the OP's family are paying £1200 a month in rent then I cannot imagine that would leave much to save a deposit with so I have some sympathy. From what I've read her DH is not earning £50k a year. On full time pay I was on £34k and I was taking home £1900 a month. If I had been paying 1200 in rent plus council tax plus electricity, plus water, plus petrol and car upkeep as well as feeding the family it would leave bugger all to save.

It's a crap situation as you are relatively well off in one way but no security in private rented accommodation. I agree though that you cannot expect and demand it as and when you want it. Plus you have no say in where you end up.

Needless to say am NOT earning £34k now.

'Plus you have no say in where you end up.

'

This.

If and when you are offered accommodation, you will likely be given one refusal, then, if you refuse the second offer, you may lose priority status of any sort.

Isn't the statutory bracket or TC fairly broad?? I.e just under 28k-55k. I appreciate that this is a fair wage, but with the other circs it would be hard to fund anything with the lower end.
That said, my parents were housed in a holiday caravan on a wet and windy hill-side with a bottle of gas for cooking/heating+ electricity (lucky them), while waiting for better temp housing... it was only when my sis joined them that they got a temp flat (druggies upstairs etc), and only me moving in and accepting an out of local area house (same council, but a 10 mile+ move), that got them a house... and that was a fair while ago... it is worse now. So it is not going to be fun in any way for the OP.

To be fair to the OP.

As a bankrupt she is screwed as the majority of houses are rented through agents these days. Too much red tape for an inexperienced landlord to deal with so easy to get an agent in.

The credit search they do means that any CCJ or Bankruptcy orders made in last 6years make renting from them pretty much impossible as most landlord insurances wont insure this type of risk.

Normally the affordability criteria is 30 x the monthly rent Ie £550 pcm is income of £16500. If the tenant needs a guarnator then the multiplier is even higher.

The only other way she could get a house from a letting agent is to have 6mths rent in advance. Someone who is only just discharged from bankruptcy wouldnt have this kind of money.

The OP was a little bit aggressive in her posts but remember she is also very stressed.

I have dealt with people who are homeless in an advice setting and to be honest the system is SHIT. I have also had personal experience of being homeless or threatened with it three times in my life- when I was 16, 21 and again when I was 27. Neither time were housing helpful. The rule that you have to make your landlord take you to court is counterproductive. How on earth are you meant to get a reference from the landlord for another property if you are in the middle of a court case.

There is definately a lack of good private rentals in my area and it would seem like there are in the OP area. Do you really think she wants to go from a rental of £1200 (which is prob a nice house) into Social Housing? Would she really be looking at rooms in shared house if she had a choice?

There is a saying that goes something like "you are only a pay cheque or two away from homelessness" In society this is very often this is true.

onadietcokebreak - that's very clear, thank you. So if the OP had handed in her notice rather than waiting to be evicted, would the council then decree them voluntarily homeless? Am just wondering why they have saddled themselves with yet more costs with the court fees unless it was unavoidable.

As I said earlier, I think the OP might have got a more sympathetic hearing had she explained the facts at the outset and not slagged off families struggling on income support.

'I have dealt with people who are homeless in an advice setting and to be honest the system is SHIT.'

I agree, and I've banged on ad nauseum on this board about how crummy private renting is, too, because of the insecurity of it and the way in which landlords can discriminate against people with children and low-income people (even people in full-time employment may need partial HB/LHA in order to afford market rents).

But affirming that if they were 'feckless' on benefits they'd get a 3-bed house right away is insulting, too.

I was totally stressed going through the homelessness process last year.

But at no point is it reasonable to think, 'Oh, let's beat people on benefits with a stick! They get everything for free!'

'So if the OP had handed in her notice rather than waiting to be evicted, would the council then decree them voluntarily homeless? '

Yes.

As expat says - a big YES to the voluntary homeless question. The system is shit and so many families get stuck in a waiting game panicking that they will be on the streets once the bailiffs turn up to evict them. It's a shit system for the landlords too.

It's a system actually designed so only the truly desperate become priorities.

Which means you get more and more undesirables in what council housing is left.

I really feel for you OP, what a horrible situation.

But as others have said, there aren't enough social houses - even if you didn't work they still wouldn't do anything differently.

If you do get housed, be prepared for it being a hostel or B&B.

The flat under us is actually used by the council (since all housing here has been transferred to an HA) as temporary accommodation.

The drug dealer who got murdered (not in the flat) wrecked it to hell - had a dog who chewed up the skirting boards and door frames, punches holes in wall, etc.) so it was a while before they were able to use it again.

There's a male in there now but I believe he is on remand (as was the other fella) or parole/house arrest.

Yes they would have found her voluntarily homeless. She would have had no redress to emergency accomadation.

The whole benefits v working is a valid debate in some areas of social policy but it is not relevant in this debate.

The only additional help she may have accessed if she was on a lower income or certain benefits is a Deposit/bond scheme that some councils offer. This is a scheme where a deposit is given to those who are homeless/ threatened with homelessness if they find a suitable property. It is then repaid to the council by the tenant over a period of time so that the deposit with the landlord becomes the tenants.

However as the OP cant rent through an agent and there is a lack of private rentals then this wouldnt have helped her even if her DP was earning a lower wage..

Pleae excuse typos, Im tired!

Expatinscotland: I agree, and I've banged on ad nauseum on this board about how crummy private renting is, too, because of the insecurity of it and the way in which landlords can discriminate against people with children and low-income people (even people in full-time employment may need partial HB/LHA in order to afford market rents).

SO BLOODY TRUE!
I am currently on full LHA. Prior to that I was on parital LHA. I am a professional who is taking a break to be with son and retrain. I will soon be a student. I cant rent through an agent either. Private landlords are going to love me

But I have never ever missed a single rent pymt. Can provide 15yrs of letting references and excellent character references.

Still wont get me a new house cos Im on benefits now....great!

Good luck to you op. I have just read all 11 pages of the thread and think I understand the situation and I do feel sorry for you (also to your landlord but if the council have told you the only way they will help you is if this is the route you go down then you had little choice!)

I don't understand the conditions for getting council housing, just that it is very difficult and there aren't enough out there. It just seems bloody stupid that they won't help you until you have been served with an eviction notice as otherwise you are intentionally homeless. Particularly as from the sounds of it you can afford to rent privately but the only reason you are unable to is the whole credit reference thing! It seems baffling.

Anyway I don't have much helpful advice but just wanted to wish you good luck. It sounds like it may be a stressful few weeks but hopefully it'll work out OK in the end!

And even if you are in private rented and want to move you still have to find a deposit again until your last one is returned. Normally that takes 28 days......

Best I dont get started on the letting fees rip off!

And moving costs. A lot.

Here's another thing to keep in mind, OP, if you're already short on cash: many council homes are handed over it horrible condition and with nothing in them - no cooker, no washing machine, fridge/freezer, light fixtures, light bulbs, etc.

This one, for example, had not a single shelf in it.

NONE.

And incredibly crap, old electric storage heaters that cost an absolute fortune to run.

Very bad damp.

Walls uninsulated and like paper you can hear the guy next door running a bath.

One cupboard was painted Chinese red and turquoise, covered in graffiti (as were the floors) and had huge patches of damp.

You may be looking at a huge outlay just to exist if you are moving from private rental.

We got into even more debt having to purchase a cooker and washing machine.

Yep, they don't provide anything, no furniture, no curtains, no carpets (we still have no flooring!)

We have the hardwood look.

Whether this will offer hope to the OP or salt in the wounds I don't know, but...

I live in an affluent area with a high demand upon housing. I rent, having owned in the past, sold up and never, ever wanting that millstone again. The VERY vast majority of rented properties here are leased through agents.

My landlord gave us (2 DDs and I) notice three months ago as like yours he is selling up. I tried the agents but I could almost hear them bleaching their phones when I said that I had 2 large breed dogs to take with me. Property here is at so much of a premium that it's a landlord's market out there, for them to pick and choose their tenants. This is despite the fact that I have excellent references from my current landlord, a deposit, references from dog professionals on my GSD and Lab's behaviour in the home AND was willing to offer a monthly rent in excess of the market rate as an incentive.

I tried adverts in the shop windows of various nearby towns and villages to no avail (and that was without mentioning the dogs, my intention being to broach the subject if and when any landlords responded). I tried Gumtree, spreading the word... nothing. I was panicking, with only a few weeks to go before the end of my tenancy. Giving up my dogs would never be an option. However, a couple of weeks ago I got lucky. A response from an online ad resulted in a chat to the landlord of a lovely house in a village I thought would have been priced out of my range... and of course he's happy to accept the dogs. I move in within the next couple of weeks.

You see, it can be done, but you DO have to work at it. I wish you good luck too and advise that you keep your options open. A council house might seem like an economical solution to your problems, but if you were to have some of the neighbours my council house tenant friends have got, you'd think twice.

sorry but in all likelyhood you will end up in abedsit type place for a while once homeless. there is too much want for LA housing anfd not enough houses.
It doesnt matter if you are working or not, just that you are in need of housing.

Hmm, seems less of a "millstone" when you hear of people being kicked out of their homes, doesn't it? Just saying, like...

Heracles, it depends what you want out of life. I sold my last owned house years ago and would not buy again, unless I could purchase outright which short of a lottery win or marrying a rich man isn't going to happen! Most people would doubtless prefer a mortgage to private renting, I don't argue with you, but it's not for me. I don't mean to infer criticism to those who prefer that option at all, sorry if it sounded like that.