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Anyone legal around, any advice at all? Please, please help...

126 replies

demonchilde · 04/04/2017 16:06

Hello all. Sorry if the thread title is a bit dramatic, I'm usually pretty resilient and keep things together but I am at my wits end, I really am. I'll try and paraphrase to avoid an essay.

I'm a lone parent to 6, 4 living at home with me still. Ex was violent, leaving me with depression, anxiety and PTSD. My children suffered the same. DS (18) has a history of self harm. She about to start her A levels (18). DS4 (11) suffers from ASD - history of self harm, sever meltdowns and pretty much missed the last 2 years of Junior school as he refused to go. He reacts really badly to even the slightest change in routine. He has now been settled at secondary since last September- attendance currently at 96% I am a student Nurse on the last intake before the bursary is stopped. I have wanted to do nursing all my life, so this is my last chance as I wouldn't be eligible for a student loan.

DS (13) is doing well but has a history of anxiety and panic attacks. He is being referred for counsellling at his school. Tragically, his best friend who he has known since nursery has just lost his battle with brain cancer. We are all devastated. He is not coping well. I have got him involved with fund raising (sponsored walk) I am helping arrange in the hope this will help him. I am trying to be strong so I can help him but am finding it so upsetting as well. He was a lovely, lovely lad and I can't believe life has been this cruel.

Landlord served me with a section 21 that expires next week. They are selling. We have been here 8 years and we love it here. I have spent the last 7 weeks trying desperately to find somewhere else but it is pointless. Rental prices have rocketed round here, there is a high demand for properties and people waiting. None will take partial HB, a lone parent with a poor credit history. I have no guarantor.

I contacted the council housing team way back in February. They gave me a runaround with the paperwork they said they needed, but finally said they had the info needed a month ago. They then booked me in for a telephone interview with a housing officer. They then postponed it twice due to staff sickness. Today is the 3rd day I have waited in all day for a phone interview ( my mobile keeps freezing). It is the 3rd time the phone has rung twice, only to be put straight down their other end. Each time it has happened I have rung their call centre straight back, only to be told they called several times and got no answer. They are lying. Every time I was next to the phone. My mobile didn't ring either. I am on hospital placement for the next few weeks working 3 13 hour shifts a week. I am having to take days off to wait for these calls. I am going to need to make these hours up somehow. I have now been told I have to wait all day Thursday for a callback to reshedule this once again. The 5th time. I have tried to go to the contact centre, only to be told the housing officers don't work from there and no one can speak to me. Spoke to shelter. They referred me to the civil advice people who can't help much now.

I am well aware I am going to be put into a b and b with my children all in one room indefininitely. I don't know how we will cope- my son doesn't sleep. All my children are extremely wary of strangers yet we will have to share a bathroom with up to 7 other families/ groups. I was sort of preparing for this but now I am so scared - if the council are treating us this badly before we're even on the streets, how are they going to act when we need a roof over our heads? Will they lie about things and ignore us then as well so we are trapped there for years.

My landlord is ruthless- he will be going straight to court and then will transfer it to high court bailiffs meaning the eviction will be quicker, plus they will not have to give any notice they are arriving. I am scared I will be at work or Uni (exams coming up) and my children will be here alone when they come. They will be petrified- their Dad used to boot the door in, they remember all that. Landlord has made implied threats whenever I have spoken to him.

I'm trying to be strong but I can't stop crying. I feel I have let my children down. I am scared of what is going to happen to us and how we will cope. What has happened to my friend's son is constantly on my mind - it's just beyond awful. And now all this. If anyone can help, then please - I really could do with it. I'm out of ideas completely, but I need to find a way to be strong enough to help my children through this. I need to find a way to cope for them - they only have me to fight for them. I apologise for any spelling, grammar errors- having to type this mega quick so I can go out with DS's to put some posters up in shops etc. But bloodyhell, all this is starting to seem like a nightmare. I don't know what to do, I really don't.

OP posts:
demonchilde · 08/04/2017 19:25

Just noticed I've had an email from the home choice scheme. They have allocated me band X (meaning I'm not eligible to bid). It's says the medical conditions I gave details of ( me and DS) do not give us any priority for banding, and that I am ineligible to join the list as we are currently housed. When I spoke to a legal advisor, she said to ask them to make a homeless application, and if they wouldn't consider this, why not. Anyway, they didn't let me do that, just gave me the homebound letter. It's all so confusing :(.

OP posts:
picklemepopcorn · 08/04/2017 19:48

That all sounds absolutely disgraceful. I'm so sorry this is happening to you. I have no experience and no advice to offer, just heartfelt sympathy. Flowers

lampshady · 08/04/2017 19:59

Like pickle, all I can offer is support as have no advice, but I wish you the best and hope for a positive a speedy outcome. So sorry you're in this situation.

witwootoodleoo · 08/04/2017 21:07

Well the good news is that because your landlord didn't protect your deposit you can claim compensation of between 1 and 3 times the amount of your deposit. Details here. I suspect the fact they voluntarily gave the deposit back early means they've been told they are at risk and are trying to avoid you taking them to court. Fortunately this means they may be likely to settle outside of court. Talk to CAB about this

wilma60 · 08/04/2017 21:21

Ive got no advice to give but just want to say I'm thinking of you and hope it all works out ok. Not much use I know

Frouby · 08/04/2017 21:36

The deposit issue sounds like it may go in your favour. If you receive paperwork regarding the possession which you should do you nees to write back to the court contesting that it is legal. That may buy you some time. On paper the landlord has broken the law. When did your tenancy start? The fact that he appears to have returned it may be irrelevant. The notice he has served may not be valid and he may have to start the process again.

In the meantime find every private landlord in your area. Ring every privately advertised property even if it is not suitable as many ll that advertise property have a portfolio they manage themselves. Just say you have been given notice and need to leave asap. Ask to be considered for any others that come available.

But if you can't find anything that way and the alternative is a year in temp accommodation then I think you need to move areas. There is no guarantee at the end of the year you are going to find something local enough for your dcs to remain and a year in inappropriate accommodation is an awfully long time.

Can you defer your uni place and move elsewhere in the country and complete your degree somewhere else? Or even start again? I know it's not ideal but the reality is that you can't afford or secure private rented and you are unlikely to get council housing without it having a massive impact on all your dcs. I know dc4 is it won't lkke the change and it's likely to impact on them. But you have to consider the impact of temporary accommodation and the fact you may be housed outside the area anyway.

IfYouGoDownToTheWoodsToday · 08/04/2017 21:39

Oh I'm so sorry this is all happening to you. It is so unfair that through no fault of your own you are facing this.

Re your MP, the fact you are studying to be a nurse and are only being made homeless because your LL is selling, surely he would be more sympathetic! You would hope so anyway.Sad

Etymology23 · 08/04/2017 21:52

I don't know enough to help much here - you seem extremely clued up. I just wanted to say how awful the whole situation is, and that I hope things get sorted out ok.

PeaFaceMcgee · 08/04/2017 21:55

You will be eligible for student loans funding if you need to step off your degree course. You'll get a higher amount than the bursary and it's available even if you've already had a student loan.

biddleyboo · 08/04/2017 22:25

Not completely up to date with the regs but Im thinking somewhere in the back of my mind that they returned your deposit because they needed to to make the s21 legal. It can't be issued if the deposit isn't protected, so they returned your deposit even though you haven't done final check out inventory yet?
Sounds like they will have covered all bases though, perhaps someone with knowledge on the current regs can confirm? I'm also thinking that by accepting the deposit back you may have scuppered the right to sue for 3x....

Sorry this is happening to you Flowers I've no experience myself but I have seen enough inspirational threads and stories on Mumsnet to know you are in the best place for practical, legal, emotional, day and night support Smile

picklemepopcorn · 08/04/2017 22:28

You could speak to your MP, without mentioning your older children. You need housing for your four children with disabilities, mental health problems etc. so you and they can continue with education and stay out of the benefits trap.

Spin your own story, and he will support you as an example of enterprise and determination.

demonchilde · 08/04/2017 22:49

Thank you all for the messages of support- it really does mean an awful lot to me. This whole process, a rude and unbothered landlord and his threats, and a council that pretty much dismisses and lies to you does make you feel like you and your DC's matter to no one. Even the poor people who do their best to help (Shelter and the CAB) are so overwhelmed with similar cases they are limited in what they can do.

That is interesting regarding the deposit witwootoodleoo . Shelter said a similar about why they would decide to return the deposit in that way- I'm pretty sure it wouldn't have been to help me out as they claimed. If they were concerned for our welfare they wouldn't be making threats, referring to the high court etc. I don't know for definite that they didn't do this but I certainly don't remember being given details of such a scheme, nor has she given me the copy of it I asked for. But I could be wrong. I suspect he is quite dodgy with some of his finances, he still ( after 7 years) gets certain bank statements and so on sent here, so I've always suspected that's some type of tax dodge. But anyway, I could be wrong - they may have done it and I have forgotten. We'll see, I suppose.

Frouby - again, thank you for the advice. I will definitely check about the deposit scheme. The thing is, I'm not even sure I want extra time here. We are already half packed and already it is like living in limbo, plus apparently the numbers being made homeless locally is set to rise sharply over the coming years and months, whilst the housing stock is set to reduce (this was in the local paper). I would love to move eventually, and wish I could transfer my degree, but unfortunately my intake was the last one that attracts a bursary instead of a student loan, which I would be eneligible for. And nursing is something I have wanted to do since I had to turn down a place at 18 to have DS1 ( I am 43 now). So I would be devastated to be unable to do it, I love the course and think I would make a good nurse, the alternative would mean being a carer on minimum wage for the rest of my working days, and I so wanted the chance to be able to one day provide for us myself and not be dependent on others like I am now. And whilst the others would adapt, I don't think DS4 would cope wiith being the new boy again. He's already said he wouldn't go to a new school. He missed pretty much the whole last 2 years of junior school, starting his current school (secondary) was sort of a last attempt at mainstream school. It would be so sad if he loses that chance just because of this- at the moment there he is thriving there acadmically and behaviour wise. I also have my Mum locally who I help care for. She has severe mental health problems and psychosis, and is currently being assessed for dementia/ alzheimers. She is a nightmare- refuses to see Dr's or take any medication, and I cook for her and drop it off a few times a week or I doubt she would eat at all. She thinks pretty much everyone is out to get her but she trusts and (sometimes) listen to me. It would worry me so much to leave her.

But really, it does appear now after 8 weeks that private renting is not an option for me. The local rents even in the worst areas are way above the LHA's and I wouldn't be able to afford the short fall. No landlords want a single student Mum of 4, with a poor credit history and very low income when they can pretty much take their pick of tenants as so many are looking for properties. I am hoping my nursing degree will to some extent be my ticket out of this life, so it really seems I have no option but to rely on the council and hope eventually they can find us somewhere I can actually afford for the next few years. After that, I hope I will be able to move to an area where the houses aren't the ridiculous prices they are round here.

IfYouGoDownToTheWoodsToday - Yes, true. Perhaps I will try then. I have to say though, he didn't really endear me to him when he cut me up on a roundabout a while back in a little sports car he doesn't even look old enough to drive ;). But maybe I am just being silly.

Thank you all for reading my mammoth posts btw, I seem to struggle with concise. And I've given up with editing my posts as well as I can't seem to find my glasses, so apologies for typos etc.

OP posts:
demonchilde · 08/04/2017 23:03

biddleyboo - yes, someone else suggested that I may have messed up by signing that. I'm so annoyed I did when my instinct was against it. It annoys me now to think how sneaky she was to talk me into it like she did, like she was doing it as a masive favour :(. She did mention last year she was maybe looking to sell, yet just 3 weeks before serving the notice she promised me it wouldn't be this year and that if they did they would give me lots of notice to find somewhere else. Then, just 2 weeks into my course, she did this :(.

Re getting a student loan- the problem they said I have is that I still owe some of my last loan, and that makes me ineligible. Plus I don't think I could take on £60,000 plus in debt at my age (43). I also wouldn't be too keen on having to pay for the privelege of working as a glorified CSW- we are supposed to be supernumerary and there to learn alongside a mentor, but staff shortages often mean that the reality is very different.

OP posts:
IfYouGoDownToTheWoodsToday · 08/04/2017 23:11

How long have you got left on your course demon?

motherofdaemons · 08/04/2017 23:15

What year are you in? When you are qualified won't you have key worker status? I have 3 friends who have very affordable flats in London as they are teachers.

SabineUndine · 08/04/2017 23:25

Dana suggested you contact your local councillor, have you done that? I don't know how your LA is structured but mine has a cabinet and a cabinet member responsible for housing. If you think the staff haven't followed correct procedure with regard to th phone calls and can prove it, this cabinet member for housing is the the one to contact.

demonchilde · 08/04/2017 23:36

I only started my course in January so still have 2 1/2 years to go :(.

I think I would have key worker status which would be brilliant. Really, I'm just desperate to get through my course without letting all this bugger it up! And hopefully then things will improve.

OP posts:
demonchilde · 08/04/2017 23:46

And thank you SabineUndine and Dana- I must have missed that bit, but I will look into that. I think I am going to find it hard to prove the council did that, though- they have a log to prove they made the phone calls at the specified time, which they did, but every time me or my daughter answered, they put the phone straight down. And when I called straight back, no one was available to talk to me, despite the fact that 45 minutes was supposed to have been allocated for the phone interview with me. But when I see the CAB on Monday, I will ask them about it.

But I first spoke to the council 2 months ago about this. Had they issued the home bond faster, I may have had time to find a private rental from one of the landlords they recommend, as they have waiting lists, especially for their bigger properties.

OP posts:
LakieLady · 09/04/2017 04:16

I work with people in your situation, Demon, and I really feel for you.

I had a case earlier this year where the initial S21 wasn't valid because the landlord was holding a deposit that wasn't placed in a deposit protection scheme. The landlord had to go back to square one, refund the deposit and issue a new S21, so that might buy you some time.

Some councils won't allow you to make a homeless application until you have an eviction date. How this squares with the high court sheriff thing (which is news to me, after 10 years working with soon-to-be homeless families, so I've learned something), I don't know.

People often find a new place in the most unlikely ways: I've had people get places through people at their church, FB groups they belong to, other parents at DC's schools, local online forums and all sorts. Use every contact you have to try and find somewhere. Make sure the world and his wife know you're looking, and that you're a student nurse, so they'll know you're responsible and hardworking.

Re the medical needs, imo both you and DS4 have health issues that would make your need to be settled greater than the average family. The council in the area where I work would give you A** priority. Make sure you provide every scrap of medical evidence you can, including things like your son's SEN statement, if he has one. His school maybe happy to write something stressing how change affects him adversely etc.

The council have behaved appallingly, and you should definitely get hold of your local councillor(s) and the lead member for housing and get them involved.

Good luck, and I really hope you find somewhere nice.

LilyWasThere · 09/04/2017 06:10

Email the LEADER of the Council as, in a Member led Council, they direct the Chief Exec and, in my experience, hate to be involved in these sorts of things so try to get them sorted asap. If that doesn't work, raise it as a complaint through the Council's official complaint procedure. NOT the situation you're in but they way you've been treated / the case has been handled. Often, even asking how to raise a complaint will get it sorted as a priority!

Keep track of everything you say & do with them and preferably leave a paper trail of all conversations - even emailing them after a phone call to confirm what's been said etc.

HTH

LilyWasThere · 09/04/2017 06:10

Oh, and good luck - sounds like a really shitty situation to be in OP

demonchilde · 09/04/2017 18:37

Thank you LakieLady LilyWasThere. The way the council, have handled my case so far has really upset me, all that waiting by the phone only for them to put the phone down, then refuse to speak to me when I called straight back was awful. It's also made me panic- if they are acting that way now, how on earth will they treat us when we urgently need a roof over our heads? But I can't prove they did that with the calls. the only thing the housing officer had when I saw her was an automated print out of all the calls they allegedly tried to make. The only thing I can think of is that they rang the number, but not long enough for it to ring this end. The times we managed to answer it, it was put straight down, but I can't prove that. There were no missed calls on my mobile and I took screenshots of that, but they could say I deleted them. They have made me sick with worry by saying we will be miles away from the area because high court enforcement officers give no notice of when they will get there. What if my children are there alone when it happens? I would likely be working on a ward and won't necessarily be able to rush straight home. How will I get my children to scholol and get to Uni if we are miles away? Why can't they house us a couple of days or so after the warrant is given and save my children the trauma of big burly men turning up to boot us out. Because it really will scare them, it's not so long since we all had to hide behind the sofa and call the police when my ex used to come round and kick our door in. Twice he managed it, and once he went round the house smashing the windows, TV, even DC'd Wii, TV and playstaion. He grabbed my oldest DS by the throat, threw a bottle at my head even though I was holding our youngest DD which smashed on the wall behind us. We were terrified. That time it took 45 minutes for police to get here. My youngest DC was so scared that time she wet herself. I don't want them reminded of all that, it has taken them years to recover and some of their mental scars will probably never heal completely. We lived in fear of that man for a long time, even after an injunction he used to still beeb his car when he drove past just to let us know he was there. He used to email me threats. I know it probably sounds dramatic and ridiculous but all this with the landlord's threats and soon the threat of bailiffs is making me feel like I used to back then, constantly on edge.

My local council (Medway) are notorious. They refused to give street homeless people a bed for the night when the temperatures were at a minus a while back, which by law they are supposed to do. The reason they gave was that they could not prove they were homelss??!! 5 people died on the streets in this area last winter (only 2 made the paper, but a council worker told me the number was 5. They were in the paper for the amount of fines they were getting because they were not even replying to the ombusman in the way they are supposed to. That is how much they care about people's welfare. During my appointment with the housing officer another staff member was with her writing down everything i said which unnerved me too, it felt like they were trying to catch me out on something :(.

I am really hoping that the CAB case worker I will have will help advocate with the council for me. I would also like to complain about the time it took them to issue the home bond when I first contacted them 3 days after I was served noticed. If they acted then, I would have been on the waiting list for a private rent for 6 weeks and more and they may have been able to find something. As it stands, none of them have a suitable property a available and I am way down on the waiting list if one becomes available. But I am scared to complain in case they make things even harder for me or put me in one of their worst properties in a really dodgy area. It seems the housing officers will have a lot of power over us and where we may end up, and I am scared that if I cause trouble, they will abuse that power.

I hate all this. I am so scared. DS4 is starting to pick up on it all and his behaviour is going downhill again. I had to bring him home from the park today as he had a massive meltdown, he hadn't done that for a while. He is barely sleeping again, he has been going 2 or more days with no sleep whatsoever and when he's awake he disturbs me constantly (I have to keep him in my room to keep an eye on him as in the past he found knives and matches downstairs and cut and burnt his arms so he wouldn't have to go to school).. It is awful to see him going dowbnhill again when he was doing so well, but any changes in routine unsettle him- he has all his stuff lined up in his room and won't let me touch it let along pack it up. I hear DS3 crying about his friend when he is in bed. He will have to get through the funeral next week as well. I feel so awful and guilty that he is going to have to go through all this upheval as well as cope with the death of his best friend, and cope with his GCSE's as well. He keeps having panic attacks and will barely eat as he says he is scared he will choke. I feel so sorry for him, but what can I do? I can't bring his friend back :(. I am trying to help him organise a sponsored walk for his family, but I haven't been able to help with that as much as I would have liked because of all this to deal with, exams coming up etc etc

All the DC's are worried. They keep asking me where we are going to go and what will happen to them but I have no answers or reassurance to give them. I am dreading us all being in one room, DC4 will keep everyone awake all night, and all of them will be terrified of having to share a kitchen and bathroom with strangers, especially men. There have been so many complaints about the b and b's and temporary accomodation round here- mice, rats, filthy rooms full of rubbish and half empty food, filthy toilets, drug dealers visiting and people smoking crack etc. The thought of having to take my DC's somewhere like that makes me feel sick with anxiety, as does the thought of sharing one room when DC4 just does not sleep.

Anyway, sorry to rattle on and for the sob story but I am so worried and fed up. All I want to do is get on with my degree, look after DS4, help DS3 through his bereavement, give my DD stability whilst she does the A levels she has worked so hard for, and protect DD2 - she was recently bullied so badly by a group of girls I had to get the police involved. But I can't do any of that properly, my mind is just constantly worrying about what is going to happen to us and I feel like I have let them down.

I have asked everyone I can possibly think of to see if they know anyone who could help, but every lead I have been given has come to a dead end. Even the ads on gumtree etc all say no DSS and no pets. The lettings agencies I phoned dismissed me straight away because of my poor credit rating. The very few who consider people on benefits have asked for a guarantor, but I don't have one. I feel like I am being punished almost for debts I accrued because with the benefit cap/ reduction of LHA and lack of income when I had to leave work to care for my son (when he was refusing school) after my ex went I simply did not have the money to pay them after my rent, food and council tax. Yet I have been a good tenant, I look after my homes well, don't bother the LL's with minor repairs and pay my rent on time ( except for the times HB kept freezing my claim for weeks when my circumstances kept changing). I don't even want to stay here any longer, it doesn't feel like home anymore, and looking out the windows at the lovely fields, river and horses upsets me so much now I know that soon we will not have all that around us. The DC's wont be able to go out the door and go on their bikes/ play football in the countryside like they can now and that makes me really sad. All this may sound daft and entitled, but it is how I feel. I also feel guilty as I wonder whether their decision to sell was influenced by the times benefit delays etc meant I couldn't pay the rent on time. I wish now that somehow I had got hold of the money to cover the rent on time. The landlady told me the reason they are selling is because the tax relief being scrapped means that it would cost them money to keep me here. But I offered to cover the extra money and that was refused. And when I spoke to the landlord he was really scathing about the times the rent was delayed, even though I always kept them informed and paid as soon as the money came through, and they seemed OK about it at the time. I've also since found out they rent out other properties, but it is just this they are selling. They say it is because this is the most expensive, and they will make a fortune on the sale, but I still wonder why they could have kept us here, or at least given us more notice to go like they promised they would :(

Hope all this makes sense. If anyone gets this far, well done ;). But writing all this out and having a bit of a rant does actually make me feel better, that some people at least are on my side and care about what happens to us. I really am so grateful for the lovely people on here who have taken the time to give me such good advice and support. It really does mean a lot to me :).

OP posts:
niccyb · 09/04/2017 18:48

Hi,
I can't help with legal stuff but I'm a nurse myself. The wards and uni can be quite harsh also. You need to speak to your personal tutor if you haven't already about what is going on as you will be able to claim for special circumstances in relation to your exams and any assignments.

If you are on a ward placement, tell your mentor also as they may be able to work things out in relation to your shifts.

demonchilde · 09/04/2017 19:15

www.kentonline.co.uk/kent/news/homeless-116640/

www.mirror.co.uk/news/uk-news/homeless-man-found-dead-freezing-9539406

Not sure if I am allowed to post links, but stories like this make me so scared for our future. I just can't believe we are living in a society that is allowing people to freeze to death on our streets. And the numbers the council give for people on the streets are laughable - you would count more than that number of people on the streets within minutes of walking down one of the high streets. Some of these people are in wheelchairs. Many look quite lederly. The true number of deaths is 5, not 2, they just managed to keep the other 3 quiet somehow. Even after 2 deaths, they turned people away when they asked for shelter for the night because of sub zero temperatures and snow.

And most people really don't care- they blame the homeless, dismiss them as 'druggies' and all sorts. How has our society come to this? How are people allowing it. Where is anyone's compassion? I just don't get it.

OP posts:
ChocolateSherberts2017 · 09/04/2017 19:19

Apologies if I've repeated what somebody has already mentioned. Get in touch with Shelter as they are used to dealing with similar situations to the one that you're experiencing.

www.shelter.org.uk