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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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

332 replies

EverSoSlightlyStressed · 22/03/2010 11:18

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??

OP posts:
porcamiseria · 23/03/2010 08:48

so am I understanding this, as you went bankrupt you are unable to rent anywhere again? as you cant get a guarantee? Cant family lend you deposit?

Oh dear, this is a pickle

dont waste time here, you should be talking to council, CAB and sheleter to get this resolved

onadietcokebreak · 23/03/2010 08:55

Porcamiseria I think the OP had exhausted council, CAB and Shelter which is why she came here- to vent frustrations.

OP: I hope you are okay today. Its a scary time but it will be resolved. I think you do need to talk again to council- ask about help with storage costs and impress your need for emergency accomodation.

Also look at gumtree- I did last night and was surprised at the housing on offer in my area. It not the usual place to look for properties but there were some private lets there.

realrabbit · 23/03/2010 09:33

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Clarissimo · 23/03/2010 09:52

They do iundeed have the same rules about everyone- friend is awaiting a moce as her H is in prison and she has police protection and they still won't speed it up!

Do feel for you though, we would be in a similar position albeit for different reasons (DH part time / student post redundancy, I am a carer) were we to lose this house and it's a horrible palce to be

expatinscotland · 23/03/2010 10:35

'Also look at gumtree- I did last night and was surprised at the housing on offer in my area. It not the usual place to look for properties but there were some private lets there.'

Yes, because agents rip off landlord's, too!

onadietcokebreak · 23/03/2010 14:13

Expatinscotland...agree as I hate letting agents. Fees generally overpriced considering the little work they do to earn them.

expatinscotland · 23/03/2010 14:54

the whole system needs a massive overhaul, but i wouldn't hold my breath on that happening.

oh, joy! i can hear the new neigbhour's music, thudding away.

well, at least i know which office of the council to call.

it's temp accommodation for the homeless, meaning, if the occupant starts behaving anti-socially, he can be more easily thrown out and the council is no longer under obligation to house him.

they're told this, too, when they're put in there.

fucking loser!

i wish we could move the hell out of this shithole.

expatinscotland · 23/03/2010 14:59

Actually, never considered looking at Gumtree!

Have just done so.

There is one house, it's in a far more isolated place, but still in this part of Scotland. DD1 will have to switch schools, but I don't care.

This place is detached. And this shithole, in addition to having fucking thugs who party, starts on the first floor and has no garden.

LadyBiscuit · 23/03/2010 15:00

Expat - do it, do it! Sounds great

expatinscotland · 23/03/2010 15:08

This house was availabe at the beginning of Feb., but I have a feeling that due to its location and isolation others might not find it appealing.

DH could still get to his job just fine.

It will mean another move, and we have now a fair bit of furniture.

But I'd be willing to borrow money to hire someone to shift the heavier bits and for deposit and first month's rent as I'm getting fed up here, tbh.

LadyBiscuit · 23/03/2010 15:19

I'm not surprised you're fed up - where you are sounds grim. Actually it has never occurred to me to look on Gumtree either and we are going to need somewhere to rent soon too so have found that suggestion v useful myself. And there are flats on there where we want to live at reasonable rents

expatinscotland · 23/03/2010 16:12

Oh, this place is reasonable rent. Because it's in the arse end of nowhere.

But she said she can't take even partial DSS because of her buildings/contents insurance.

So I've just messaged back that we'd be willing to pay the extra on her insurance and that we carry our own contents insurance, which will cover whatever she's got in there, too (I checked).

It's only 4PM and he's partying away. I can only imagine what he'll be like at midnight.

darcymum · 23/03/2010 16:20

expat do you have to tell the landlord that you receive benefits? Is there a way around that?

possiblefestivalgoer · 23/03/2010 16:22

OP hope you are still around. Just wanted to say that even though you have so far had no luck with private renting, it may still be a possibility. Although a lot of LL do credit check, quite a few dont, and will go on employment and previous renting references.

A lot of landlords dont want to pay the letting agents commision or are just confident enough to choose their own tenant.

My (apologies if crap) advice would be to ring each and every 'possible' property advertised within a five mile radius of your DC's school and enquire whether its via a rental agent. Do not mention the bankruptcy!!

Good luckx

Missus84 · 23/03/2010 16:23

Legally you don't have to tell the landlord darcymum, but it might invalidate their insurance if you don't.

darcymum · 23/03/2010 16:28

How would it invalidate the LL insurance? Do insurance company's specify that tenants must not be on benefits? Even if that was the case if the LL asked and the tenant said no would the insurance still be invalid?

I am a private landlord with insurance on my properties and have never heard of this.

Clarissimo · 23/03/2010 16:36

Well ExP, Dh and I have already agreed when we win the lottery we will find somewhere close to Rhuibs, buy it and rent it out to her on a very long term paint it whatever you will contract; happy to offer you the same pipedream ?

I'll even chuck in some sound proofing.

Mum's council neighbours have always been fine but it was sold out to a LL and let to a group of people who have been sybject to several raids (slightly odd set up with one woman, kids and her tywo lovers) and when we stay all we hear is noise all night, parents are half deaf frankly but the raids are scaring them to bits. They're too old to move (you know the story wrt to their pensions) so just hope LL will kick others out, although smashed woindows and door ahven't done it yet

MrsC2010 · 23/03/2010 16:36

It certainly can do Darcy, I know mine would certainly need to be notified. It is because of the statistically higher chance of default on payments or damage. (Unfair I know, but as far as I know that is what the insurance people work on.)

Clarissimo · 23/03/2010 16:37

Darcy it depends on the insurance package you have, and youcan get an upgrade for not much so tbh if you ahd reliable tenants who were able tro find the cost (under £200 iirc) you'd most likely be better off arranging that I would think.

Our lease doesn't specify anything about benefits somewhat suprisingly.

Missus84 · 23/03/2010 16:39

I think it depends on the insurance policy. The LL has no way of knowing about benefits unless the tenant tells them though.

Clarissimo · 23/03/2010 16:40

True missus and if we were ever in a position to be a LL again (we were years ago for a short time) then I'd probably go for the higher package for security for me, on a JIC basis.

Also apparently if you tell the LL you're on HB the council can say you are intentionally homeless.

ObsidianBlackbirdMcNight · 23/03/2010 16:41

Letting agents will tell you that most B2L mortgages require insurance that includes a 'no DSS' clause. i have no idea whether that is true.

We told agents that we were on LHA but going off it when I returned to work. That was a lie. They don't care - they had a letter from my employer (the council) stating the date I was going back and my contract which said I was full time. I went back part time but NOTB.

The last flat I was in was fine, rented direct from LL with a WHSmith tenancy agreement, the rent was slightly below market rates. When we left he advertised through gumtree and got a good tenant immediately. He much preferred to do it that way than through an agent and obviously no credit checks.

Expat I hope that house works out for you. Looks like gumtree might be the way to go. I wonder if the OP tried it?

darcymum · 23/03/2010 16:41

My properties are unfurnished and I dont have insurance for non payment of rent (does that even exist?) is that the diffrence?

Clarissimo · 23/03/2010 16:44

Am not sure what insurance is for but I think its general buildings

however some packages do cover clkaimants, it depends

missedith01 · 23/03/2010 17:03

Feel sorry for the OP - money is not necessarily the be all and end all in these circs, if you live in an area where demand exceeds supply landlords can pick and choose tenants, and of course they will, they'd be foolish not to do so.

Last time I rented which was 4 years ago, I had references, a perfect credit record, a reasonably good job. I do, however, have one small well-behaved cat, and so it took me 3 months to find a landlord that would look at us.

I don't think the issue is rent arrears either - the landlord wants to repossess to sell.

There's also no indication that the OP left it to the last minute - lots of councils say they won't take any action until, as she says, people are actually homeless. This is not correct because you only need to be threatened with homelessness (and pass the other four tests) to allow them to assist. If the OP has only had initial advice from Shelter I think she should head back there
and get them to advocate if needed. It's a stupid system that harms tenants and landlords alike IMHO.