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Just when i thought things couldn't get any worse.....

50 replies

PaperView · 07/12/2011 11:59

... had phonecalls with letting agent and met him today. He has given notice to end the tenancy. I have no savings, a lot of debt and no where to go.
merry fucking christmas.

OP posts:
Upwardandonward · 07/12/2011 13:00

I'm so sorry to hear that PaperView. How are you holding up?

NanaNina · 07/12/2011 13:24

Paperview - I am assuming you have a child/ren and got into the private rent sector because the LA had no housing available - is that right? Because as a mother with dependent children you are in priority need and it is the duty of the LA to ensure that you are housed. I know of course that you also have MH problems - you must feel like you are in the middle of a nightmare.

I think you need to contact the Housing Dept asap and advise them that you are going to be homeless with children when this tenancy ends. They will probably tell you to find a private rent and a lot of landlords don't take people on Housing Benefit but I think that is changing a fair bit these days as they know they will get their rent paid by HB. The LA can loan you the 4 weeks advance rent and deposit that will be needed for a private rent and this fulfills their duty to you as a homeless person in priority need. They might not tell you that but they can (have done it for my step gr dgtr 3 times!)

The other people you need to contact are CAB as they have good advice on housing matters. It is best to make an appt because sometimes they have lawyers in housing law who do sessions for them, or someone who is very experienced in these matters.

The other people are Shelter and they are an organisation specifically for housing matters including homelessness. They will advise you of your rights and will sometimes attend meetings at the Housing Dept with you. You can find your nearest Shelter by googling and it might be some distance away but you can still contact them by phone or email.

If there are no private rents available in your area, the LA should put you in temporary accommodation until one comes available. Some LAs have lists of landlords willing to let to people on HB. Afraid it differs greatly between different parts of the country. Are you willing to say where you are, if not don't worry, it's just that the inner city areas are going to be inundated with homeless people and so you might find it more difficult. One thing is you are not going to be left on the street with your child/ren. Do you have any RL support - I do hope so.

When you google Shelter, have a look at the site as there is a wealth of info on there and housing law and what rights people have etc.

Happy to help further if I possibly can.

There is a lawyer on here (Madmouse) but don't think housing law is her specialism, but it might be worth putting out a call for her.

Upwardandonward · 07/12/2011 13:36

They (council) may say that you should stay until you are evicted - as NanaNina says, talking to your council's homelessness team asap is important.

NanaNina · 07/12/2011 13:42

I think I'm right in saying that the LA have a duty to investigate cases of homelessness or those threatened with homelessness. The trouble is that LAs don't always play by the rules. Legally it is the LAs duty to investigate homelessness and make a decision about providing housing after they have conducted their investigation, rather than the tenant having to prove their case. Unfortunately people don't usually know this and can get fobbed off by the LA - you have to be insistent.

Upwardandonward · 07/12/2011 14:10

You are right, NanaNina; I just wanted to raise the intentionally homeless issue as I've seen a few mnetters get burnt by it. The homelessness team should advise on this too.

Goodluck, PaperView.

orangeflutie · 07/12/2011 14:34

Just thought I'd mention that DH and me and our three dds have been put in this situation three times now and it's horrible so I really feel for you.
The last time it happened DH had been made redundant and we were on benefits. As NanaNina says there is help available. We had to apply to our local council offices for a loan for a deposit. It takes a bit of form filling but they will do it. We also had to have someone to act as guarantor.

We did manage to find a house eventually but it was very stressful as sadly not all the letting agents like to take you on if you're on benefits, despite the fact the landlord is guaranteed the rent.

As upwardandonward says make sure you get the right advice re homelessness.

Good luck.

NanaNina · 08/12/2011 13:19

Paperview any chance you could come back and let us know how you are and whether you have been able to sort anything out re new tenancy. Am worried about you.

PaperView · 08/12/2011 18:46

Sorry to have posted and fled. I had a funny fainting episode/collapse and not felt right since.

Been to see council at a drop in place. They have done all they can to fast track my claims but its complicated by a few things (not all child benefit being in my name for a start which i thought it all was). They are aware of my situation but i don't meet the criteria for emergancy housing yet as i have somewhere to live for the time being. I also refuse to contact tax credits just yet as i need to have something coming in. Which they understand completely. I don't know what they are doing behind the scenes.

I've done the estate agents locally and of the ones that are big enough, they are either too far away (i don't drive) or don't accept dss/pets. I wouldn't pass teh credit checks or reference bit anyway. I want to keep the DSs at the school they are at. It's a bloody good school and they are fantastic with DS2 (SEN - no statement).

OP posts:
NanaNina · 08/12/2011 19:17

Sorry Paperview - hope I haven't made you feel you need to post, and am not surprised that you have had funny feinting episode - are you ok now. Glad things seem to be getting a bit sorted. Sorry I am a bit rusty on welfare rights, so wasn't sure why you have to contact tax credits. It is a problem with so many landlords/ladies don't accept DSS. I think this is likely to be the case with those advertised by estate agents. You are more likely to find something in the local paper, or ads in shops, that kind of thing. Does the LA have any advice on this.

Take care of yourself and you have to hope for brighter days ahead.

PaperView · 09/12/2011 02:06

No u didn't make me feel I had to post don't worry. Bit shaky tonight and a cpl chest pains off and on but I'm probably ok.

I need to get in touch with tax credits to claim as a single person and not as part of a couple. But that could take a while and I need to feed my boys.

OP posts:
PaperView · 09/12/2011 02:06

No u didn't make me feel I had to post don't worry. Bit shaky tonight and a cpl chest pains off and on but I'm probably ok.

I need to get in touch with tax credits to claim as a single person and not as part of a couple. But that could take a while and I need to feed my boys.

OP posts:
NanaNina · 09/12/2011 12:28

Oh Paperview - I have noted the lateness of the hour - you must be shattered. The shakiness and chest pains may well be anxiety based, but if they continue you may need to get it checked out with the GP. Sorry I don't know your back story and you have clearly recently had a breakdown of a r/ship, and must have MH difficulties as you are on the thread.

You did mention you were in debt and CAB are very good at helping - prioritising who you should pay and making contact themselves to who you owe money to. In fact 80% of the CAB work is about debt. We are living in hard times. I wondered if you were claiming DLA for your child with special needs, and maybe carer's allowance. If not, I think you should look into it - that is another thing about CAB, they will check you are getting the right benefits.

Take care and don't lose hope - nothing stays awful for ever!

Flamesparrow · 10/12/2011 11:13

Oh crap. I have fck all advice myself but foster sister will be able to give a load - I will email her tonight.

Xxxxxxxxxxxx

PaperView · 12/12/2011 22:02

I'm going round in bloody circles. Thought i'd got somewhere with my claims but had a letter thru asking for the very things i am unable to provide before they will progress it further.

I can't claim DLA for DS2 as he is not statemented, just a diagnostic ish letter from paediatrician. (it says that his issues are likely to come under the umbrella of Dyspraxia so not even a proper diagnosis).

CAB weren't v helpful in the past and i have even less money now.

Sorry, ranting a bit now. I don't mean to.

OP posts:
SophiaAdams · 13/12/2011 00:05

I found my council totally useless in a similar situation, I was told that my ex had the facilities to support our children as in money and a house and that they would have to live with him until I sorted out suitable housing and a job to support myself and my children. What sort of information are they asking for?

NanaNina · 13/12/2011 12:44

Yes I'm wondering what you are being asked, and by whom. Is your concern something about these tax credits as a couple and not you as a single parent.
Or is there another reason you are unable to provide the information?

Don't worry about ranting (and you're not anyway) you must be incredibly stressed.

I think LAs are all struggling with having to make big cuts in their budgets, so have tightened up, but they still have to act within the terms of the housing legislation.

SophiaAdams · 13/12/2011 13:29

May I ask why you have to move from your current home, if it is rented the local authority should pay housing benefit and council tax benefit anyway without the expense of having to move you. My problem with my LA was that they said as I hadnt made any attempt to pay my rent, bit hard to do with 3 kids under 10 years old and I had got myself into that situation and there was nothing they could do, they said that the kids could live with my ex as he had a house and I would have to live with my parents until I got sorted.

NanaNina · 13/12/2011 17:59

This is a private rent Sophia as I understand it, and the owner of the property has decided he/she no longer wants to rent it out, which is their perogative. Sometimes landlords can't pay the mortgage on the property they are renting out, and the rent doesn't cover the mortgage, and thus tennant will be given notice to leave. There is very little security in private rents, which is why social housing is so much better. Most LAs have contracted out the building of what used to be called "council houses" to Housing Associations, but of course demand far exceeds supply.

How's things paperview?

SophiaAdams · 13/12/2011 19:13

From a legal matter then the landlord cannot just give notice to end the tenancy. If it is through a letting agent as paperview says they must have more properties on the books and be able to offer other accomodation. I would have thought this is an easier way as then no deposit has to be found and can just be transfered between agreements.

Flamesparrow · 13/12/2011 21:50

There is always a cross over in times where deposit is required for new place from being returned from old. It is never as simple as just passing over.

PaperView · 13/12/2011 22:57

legally the landlord CAN give notice for no reason. Its not a case of find somewhere else,I will not pass credit checks and references. The letting agents have said they do no have housing benefit tenants because of issues in the past which means that H hadn't told them he was already claiming it.

They don't want to transfer the.tenancy into my name and it is ony recently that i discovered it wasn't a joint tenancy anyway.

LA want me to provide the tenancy agreement with my.name on. which i can't because they won't change it or accept that i have taken responsibility for the rent. they want me to pay H and H to pay them.

i've got some temp work this week and next and not even started xmas shopping cos i can't afford to!

Feeling v low tonight not.helped by ds3 telling me he wants to live at Daddies.

(btw i know i'd get more responses posting the housing situation elsewhere but i feel safer here iyswim)

OP posts:
NanaNina · 13/12/2011 23:28

I know Paperview that most private rents via a letting agency will not take tenants who are reliant upon housing benefit. I am assuming the landlord wants you out, and that is what you mean when you say they don't want to transfer the tenancy into your name - have I got that right?

I'm not sure what you mean by "the LA want me to provide the tenancy agreement with my name on which I can't because they won't change it or accept that I have taken responsibility for the rent." Is it the letting agent that wants you to pay H and H pay them - if so what is the reason for this?

If the landlord wants to end the tenancy, why are the LA asking you to provide the tenancy agreement with your name on it. Incidentally what were the terms of the contract between you and the letting agency - they are usually for 6 months. This is important because I think each side has to stick to the contractual arrangents made at the beginning of the tenancy. If they are trying to end the tenancy and that breaks the contract you had with them, you may have a case to object to the end of the tenancy. I am not 100% sure on this so you might need to check it out.

Do you know what assistance you might be able to get from the LA - would there be a chance of a Housing Association property. I know these are in short supply, and depends where you live. Are they expecting you to try to stay put and change the tenancy into your name, or are they telling you that you will need to get another private rent. You obviously have 3 children, so really need a 3 bedded place don't you.

Sorry you are feeling so low, but it's hard to imagine you could feel anything else at the moment. How old are the children and do you know why ds3 wants to live with his dad. Have you and your ex H made any agreements about him having contact with the children, and if so are they working out all right. Children shouldn't really decide which parent they want to live with, but this depends on their age of course. I do hope that you and the ex can at least agree on contact he has withthe children.

Wish I could be more help. I suppose CABs do differ. You could try Shelter, or google them, and maybe phone for advice.

SophiaAdams · 14/12/2011 02:10

That is what I meant by saying the cant just end the tenancy without good reason, they have to give you till either the end of the signed tenancy to move. From what you have said and correct me if im wrong, your ex rented the house in his name and now he has moved out and you cant sign a new tenancy for credit check and reference reasons? So in that case, you are illegally living in a property for which you have no right to do, esentially you are squating? If this is the case and from experience the LA will not do anything until you are homeless and then they will probably house you in a hostel until somewhere becomes available, depending on areas this can be anything upto 1 year. I notice from another post of yours you ex has the children at weekends, if this is the case I am presuming that the accomodation is suitable for your children the LA will probably suggest the children live with him until you are sorted as essentially it will be cheaper for them.

NanaNina · 14/12/2011 11:47

Sophia - I am concerned by your last sentence "the LA will probably suggest the children live with him until you are sorted as essentially it will be cheaper for them" although I realise from an earlier post that this was suggested toyou too. Can I ask if this is in fact what happened. I do realise how much LAs are up against it, with budgets being slashed, but such a proposal really rides rough shod over the needs of the children.

I'm not sure over your view, that PV is iving illegally in a property and is essectially squatting, but I think PV has enough to worry about at the moment without any thoughts of this kind. Maybe you are being realistic Sophia as you have been through it, but you post struck me as a tad pessimistic, but it is around 10 years since I dealt with such issues as a social worker, and things have probably changed quite dramatically since then.

I do think that all of this very much depends on the individual LAs and for people living in the inner cities, it is going to be much harder.

Any more news PV

Flamesparrow · 14/12/2011 17:40

I have sent you a message on fb with the advice - it seemed easier.