Faced eviction, can't cope

[LoveMeBunnees]

After 26 yrs, my private landlord wants me out few days before xmas (Section 21 issued 22nd October). I have pets since I cannot have children. I don't have anywhere else to go & my elderly parents don't have room cos they sleep separately in their 2 bed house. C.A.B told me to stay put & landlord has to go court to get an order which could take months. But I'm scared of bailiffs knocking on my door even if I've been paying rent every month without fail, not one month was late/missing. Trouble is, I've stripped most wallpaper off in every room, got new stuff, new flooring, new wallpaper, paint, carpet for stairs - all ready to put down after New Year, most rooms are a mess with everything getting moved around. I don't know where to start to get sorted & leave my home, the list is long & horrendous. I don't have any friends, I'm the only child & can't ask my parents as they're in their 80's (I'm 53). Where do I start, what should I do to get moving along? Thought of moving is filling me with dread. Any info please. I'm getting rid of stuff to charity shops so that's for starters.

I'm sorry to hear this. It sounds very hard.

As another poster asked- are you actively looking for another home? That is the number one priority - no matter what some people are saying here, it might be in 2 months, it might be in 6 months, but you are going to have to leave at some point, so it's obviously much better for your mental health if you have something sorted.

Again, another posted asked if your parents could take in your pets temporarily - great idea.

Right, the legalities. The section 21 expires in December, so that's the point they are asking you to leave. They can't make you leave at that point. There won't be bailiffs at that point. That is the point that they can apply to the court to get you evicted. That will take months to do. It's an expensive process for the landlord, it's an uncomfortable process for you, as you have no idea what's happening and no control.

What I would do:
Talk to the council, depending on where you live the situation isn't always awful- there may be properties available. Look for private properties asap, assess your options. Is the local market still in your budget? Do you work? Are you likely to qualify for a rental? Ask on Facebook groups, ask friends, you never know where you're going to find something.

When you know what your situation is, talk to your landlord. Assuming that they are a decent enough person of course, given you've been there a long time. Let them know that you know when your section 21 runs out, but that you might not be able to meet the deadline, but you are planning to keep paying rent. Ask them how flexible they can be for things like notice- if you found a property next week, could you take it and stop paying rent? Can they refund your deposit early if it helps you financially to secure somewhere? Do they know of any other properties that might be available? What are the plans for the property- if they're selling, are you in a position to buy, would they offer you a discount?
Once you know these things, you might be in a little bit of a stronger position, or at least less worried.

Finally, DO NOT just move out at Christmas if you don't have somewhere. You'll put yourself in the worst possible position.

I really am sorry you're going through this. I'm going to presume it's another unintended consequence of the renters reform, but you are the person suffering. I hope there are properties nearby for you.

Yes they do. They have been given notice to leave. They should be looking for a new place to live

They do NOT have to move out on the date given in the Section 21 notice. They may well be foolish to do so and be deemed to have made themselves homeless if they do. The Court will set a legally enforceable eviction date if the Section 21 is indeed valid. I am a landlord - a very caring one who appreciates that my tenants rent my house but that it their home. After 26 years I think I would give my tenants unlimited notice and helping them to move forward. Good luck OP - it is not easy in the current rental market,

I don’t think you can give unlimited notice, a section 21 has to be 2 months

Your landlord may help you with deposits etc as this is far cheaper and quicker for them than having to evict you via court, and would be much better for you. An eviction will take many months and cost them thousands so if you speak to them there may be some wriggle room

Lots of small landlords are doing this now before the changes to legislation come in, it’s a disaster for renters

Except the landlord who might have their own circumstances to consider (sickness, homelessness themselves, mortgages to pay) - but F them right?

Well, here’s a private landlord and my advice to the OP is to stay exactly where she is. She doesn’t need to move at all. But OP, you seem to have got yourself in a muddle with the house - don’t start getting rid of your stuff yet go to your local council usually they’ll have a homeless / housing unit and they will give you advice and you’ll be able to check whether your section 21 has been delivered properly and what you need to do next good luck

We are in this position. Due to leave in jan. We have four kids. We cant move into another private rental because they all want guarantors or six months rent upfront (we are in wales) or both, and we have neither. Even if we did, theres no rentals anyway. We have been looking for 3 months and there's been one property in the area that we have been able to view - which was in horrific condition. The very few that come up have applications for just viewing, and we dont even get a look in. We are on the council list and have been advised to wait until til the full court process has happened and then we will be looking at temp accommodation. Stressful as hell, especially the not knowing, but it is what it is.

I wouldn't worry about redecorating the house. Leave it in its current state and explain to landlord that your original plan had been to redecorate in the new year

Look for rentals, but like people and shelter have said, stay put, even if this is after the "leaving date"

Make potential arrangements for your pets as some temporary accommodation (if worse comes to the worse) can't accommodate pets. Could your parents have them temporarily if needed?

You're doing the right thing in downsizing your belongings. I'd be packing none essential stuff over the next few weeks and seeing if I could store stuff at parents to make it easier when you do have to move.

Keep communicating with your landlord, shelter and local council

The law states that it is only the court which can make a person leave, not a landlord. Tenancy contracts hold no weight above the tenancy law, so it doesn't matter what it says in your contract, it is what tenancy law says that holds weight .
A section 21 is notice to leave, but it doesn't mean the tenant has to leave. If someone requires help from the council, unfortunately the council with tell the person to stay in the property until all legal process has gone through. If a tenancy leaves before then, the council deem it as making yourself intentionally homeless and will not help.

Shelter are the best people to go to as they are the specialist is tenancy law.

You know that for sure then?
I help Tenants find properties and a good reference from an existing Landlord is VERY important

Should and has to are different concepts!

No wonder landlords are asking for sky high rents, don't want to rent out to a certain demographic of people or simply selling up!
I'm all for tennanants rights and 8 weeks notice after 2 odd years isn't enough. But this advice could backfire massively when looking for a new home. OP will need references to secure a decent place...

Shuld read 2 odd decades...

Kinda yes. In the hierarchy of person with nowhere to live and no means and person who owns property the person with nowhere to live is always the priority.

But if they cant move - need a guarantor/no houses, as is the situation we are in, they dont really have a choice but to stay. We are having to stay until bailiffs action- we dont want to, but if we don't, we literally will be street homeless. So we are following the council (and legal!) Guidelines to stay put so that the council will step in, and when it gets to that point, references are not a priority because rhe council are involved.

If the landlord wants rid of them, the landlord’s reference will be absolutely glowing
When I want rid of people out of my team, they get an absolutely outstanding unjustified reference to get rid of them

I’m a long-term renter (I’ve rented for over 20 years, not always in one place).

Lots of PPs are correct in saying that you could wait to be evicted by the courts and that this could add months on. But your anxiety shines through in your post and I’m worried about how staying there would affect you mentally. You don’t want to have to worry about things turning nasty with the landlord, or feel the continued anxiety as to where you would go.

It sounds like panic has set in and you might be feeling a bit of inertia at the moment. It must be very daunting to have to move after such a long time, especially right before Christmas.

Forget everything else for now, and focus on finding somewhere new. Make that your top priority - you’ll feel so much better when you know that you have somewhere new to live. If rents have gone up in your area, try looking at areas close by - we wanted somewhere bigger and with a garden last time we moved - moving 20 minutes further out saved us £200pm in rent. Some landlords will accept pets (we have one) if you’re honest and upfront about it - we didn’t even pay an enhanced deposit this time, just let them know. The agency always comment on how beautiful our cat is during inspections!

Once you’ve found somewhere, focus on moving stuff you want to keep. Do you have friends or colleagues that drive and could do a few carloads? Kind friends would help me when I was in my 20s before I met DH.

Worry about the house, clutter and decorating last of all. Does the LL know you were going to redecorate? If so, it might be worth asking if they’d prefer you left it as a blank canvas - then you could return the bits you’ve bought as PPs suggest. Otherwise, again as PPs suggest I would do the minimum and keep it plain. You could ask charity shops to collect any bigger bits of furniture you don’t want to keep, or the council. But worry about this last!

Take a deep breath. You’ve still got plenty of time x

Ok so let's say the tenant refuses to move and waits to be evicted by the court, they might still pay their rent they probably won't. The landlord obviously has a reason for waiting their property back, maybe they can't afford the mortgage payments anymore or maybe they need a place to live themselves - YOU DON'T KNOW. So if the landlord defaults on the mortgage because the tenant refuses to move and is not paying rent, this puts the landlord in an awful position, they have taken all risk - own a property, rent it out, pay for all the costs and upkeep - taking very little profit - if the house is then reprocessed they might lose everything they have. There is always two sides - landlords are always demonised. The OP sounds like a good tenant, obv had a 26 year long relationship with her landlord, so they too must be a good landlord, but the OP has not said if they have even tried to find another property

Another one here to say speak to Shelter, look for somewhere else but in the meantime it will take months to get to the point of bailiffs and don’t move out until you either have somewhere to go to or the bailiffs come or the council will deem you intentionally homeless.

Because it’s been her home for 26 years and she decorated it how she wants? Surely you don’t think she shouldn’t decorate in 26 years?

I know it's hard OP but try not to panic. As others have suggested, contact Shelter tomorrow to confirm your rights. You are approaching an age where there are housing options available specifically for older people so it may be that thankfully you only have to find private landlord housing for a relatively short period of time. It may be worth checking with your local authority housing team to see what is available locally.

Depends what’s in the contract although by that time most landlords are fine with redecorating

As for speaking to shelter. Yes, do. But also know that it’s their lobbying and demands that have created this situation with landlords leaving the market en masse, all while not housing one person themselves. Not a charity I’d want to support.

There's some good advice on this thread OP. The best being not to panic! You WILL get through this. You've 26 years as a decent tenant behind you. You're just in shock right now. Keep the lines of communication open with the landlord and get some independent advice - CAB and Shelter.

As an aside it might be worth just in your mind to tot up how much money you've given them over the years- rough estimate somewhere between £150,000-£250,000 I'd say! I think a few months grace to sort yourself out is not unreasonable. It seems pretty heartless to do this to you just before Christmas, but I imagine your LL has to go through the legal loops of serving notice etc. I would very much hope they can give you a bit of flexibility.

Best of luck

The OP doesn’t say whether the flat has been decorated at all in those 26 years. Either way it’s not her job to be doing so, tenants shouldn’t be having to spend their own money when there is little guarantee that they will be around to enjoy the benefits of their work. If the flat hasn’t been redecorated in all that time, she also doesn’t say whether she asked the landlord to redecorate, which should certainly be done every 5 to 10 years in a rental. Whatever the situation, the answer certainly wasn’t to strip the wallpaper from every room and then leave the flat undecorated for months.