Facing homelessness

[Mummytotwo33]

Hi everyone just after some advice and please don’t judge. I work part time and receive UC. I have 2 children. I moved into my property nov 2019. The landlord put the house on the market in august 2022 he excepted an offer. Fair enough. He gave me section 21. I was looking for a new a place prior to this because he is a landlord that doesn’t care about nothing. He kept messaging me telling me to leave to avoid court but I just couldn’t find anywhere and still can’t. He’s done one gas check in 3 years and that was done august 2022 for the estate agents, it came back failed due to a dangerous flume, he stuffed around the flume with a plastic bag and not filled it in properly. My and my aunt smelt gas in the property in 2020 and he sent his mate round to have a look at the boiler and he said it was fine. I could now and again get a smell of gas in the kitchen which now makes sense if the flume was faulty. Also a leak from the roof into my living room and my sons bedroom causing damp and water patch, he painted over the living room patch ready for the estate agents. My sons room is still like it and just tells me I’m supposed to be leaving so why should he sort it. My bathroom also has a leak from the roof the damp is very bad. He booked a damp and mould specialist for last year but then he cancelled it. And his words were you’re supposed to be leaving. Some of the windows don’t even close fully leaving drafts including the front door, the house is very cold. My son hasn’t slept in his room for over a year as seems to have a bad cough when he does. My local housing rate doesn’t cover my full rent so it falls short £100 every month. I owe him just over 2 months rent because I’ve fallen short over period of months. I’ve had a lot going on with my 12 yr old daughter, got kicked out of mainstream school into a behaviour school. Waiting ADHD referral. We have a social worker. She’s violent towards me and her 6 yr old brother. Police always at my door because of her. I’m just struggling and really depressed. I have a housing meeting Monday and just so worried about it all. I’ve sent over all the documents they have asked for. I’m just worried they are going to think I’ve intentionally made myself homeless when I haven’t. I’ve always paid something each month just short and the landlord has sold?! I even paid £400 extra one month to reduce my arrears which left me skint… Has anybody been in my situation and went to court with a defence. What is the judge likely to say with the lack of legal things he’s failed to do?! I should add I’ve viewed many houses but so have 20 others it’s so hard at the money. I’ve attached below some of the issues in the property

It sounds like you've done your best. I don't see what more you could have done. Good luck with your meeting.

Your landlord is a bad landlord but your personal issued aren't their fault. You do need to move out though and the council should house you in a b&b / homeless accommodation. It must be so hard I'm sorry.

That's awful and I hope your meeting goes well. It could be a good thing you are forced out of that.

Some general thoughts - If you can, keep rent arrears below 2 months. With 2 months rent due, the landlord can issue a S8 notice with mandatory eviction, which he will likely go down if the S21 fails (which if he has not got a gas certificate to say the gas is safe - not just a failed one - is likely to fail on). The council are unlikely to look favourably on an eviction due to arrears, where a s21 is no fault.

You are best off out now - but in future, I'd be contacting Environmental Health if the property was in that state. That would force the LL to take action. Also, if you smell gas contact the gas board straight away, not your landlord. I had a gas leak in a house I was renting. The gas people can straight out, identified a fault with the meter and replaced it straight away and I didn't have to pay anything. I told the landlord what has happened just to let him know - but as it was all sorted he didn't need to do anything.

To add to pp since October last year it was illegal to rent a property out without a carbon monoxide detector too.
So he is failing in various legal responsibilities he has. An unscrupulous landlord and I'm sorry it is affecting your life so badly. 😢

You do need to move out though and the council should house you in a b&b / homeless accommodation.

If you leave before you are legally required to, the council doesn’t have to house you. Almost all councils will require you to go to court, lose the case and be given a date to leave by, and outstay that date. Remove your belongings, but remain at the property. Bailiffs will attend to remove you, and once that has happened; you’ll be considered homeless and the council will step in. As long as you’re polite and don’t make a scene, the bailiffs will just walk you outside, it’s not as bad as it sounds.

You do need to be mindful of rent arrears; though. The PP who mentioned S8 is right, if you owe two months when it goes to court, you can be evicted on those grounds instead - and if you are evicted for owing rent, the council may decide that you’ve made yourself homeless and discharge their duty to house you.

Even with all this evidence? They’ve known about this situation since last may when I sent over my section 21. He sold the house so rent arrears or not I will be homeless

I'm no expert but the stain in the left photo looks like a leaking roof or gutter. Same for the one by the red truck.
The others, by the loo roll, look like condensation damp.
I doubt that the judge will be take this into account if your landlord has to go to court to gain possession.
Perhaps it would be a good idea to go to your local council private sector housing dept. or similar.
Also speak to Shelter and Citizens' Advice
Good luck

The stain in the left photo is above the damp which is caused by a roof leak. What about the faulty boiler and lack of service

Below is how it started a leak coming through

He's clearly not been a good landlord but neither are you a good tenant. You received a s21 in May so should have left in July so 6 months later it's hardly surprising he's refusing to do works on the house for you. Add in the fact you never pay the rent in full and owe 2 full months of arrears, I think you're taking the piss a bit to be honest.

That’s a bit rude!!! Theses leaks have been on going since 2021 and lack of boiler service putting me and my kids at risk!!! I have £1600 in my bank to pay him now but he has closed down his account!! Ain’t that very odd!! I have looked at many properties and all council say is stay put. So what am I supposed to do sleep on the streets with my kids!!

Not a legal term but ODFOD.

OP there are legal obligations that the landlord has to have met when they serve a s21. The s21 does not end your tenancy, the LL has to go go to court to gain a possession order. The LL might not be entitled to possession if they have failed to protect any deposit (if paid) Gas Safety certificate not given before the service of the notice (there are also arguments to be made if there was no GSC given at the start of your tenancy) Energy Performance Cert and relevant version of Gvmt How to rent Guide all have to have been provided before the service of the notice.

The LL needs to apply to court to claim possession, when they do this you will receive the claim and a defence form. If there is a defence, LL has to remedy all the failure before serving a new notice (this is for s21 only) which will give you more time in the property.

If LL has sold the house, you still do not need to leave, the new LL has to follow the same process.

Also. worth noting that the LL has to apply to court within 6 months of the notice being served otherwise their claim will fail.

The council will help if you are eventually evicted. You are not yet considered homeless only "threatened with" so council do not have a duty to accommodate you yet.

However, you can be considered legally homeless if your property is not reasonable to occupy due to the disrepair so let the council know this at your meeting

S8 notices can be defended with regards to disrepair (depending on what grounds are used)

Disrepair is not a defence to a s21- however LL still has repairing obligations but this is a separate matter from the possession proceedings and you can report this to your Private Housing Standards team at the council (or at your upcoming meeting)

Have a look at Shelter website which goes in to this all of your issues in more detail.

Great post @MythosK and looking at the Shelter website is also really good advice.

The S21 isn't legal without the gas safety check being done.

If you're 2 months in arrears though, you risk it not mattering so try to catch up.

Contact the Council's Housing Team about the repairs and gas.

Your best bet is to try and work with the landlord to evict you as ifs sold, not on the basis of rent arrears as council/housing in general do NOT look favourably at this. They say rent ALWAYS comes first. Speak to Shelter for advice before the meeting as well as landlord.

If u can pay the OS rent ASAP this will go in your favour.

Hi I can’t make any more payments as he’s closed his bank account. I have a letter from my bank confirming this as they also tried their end to pay him. I messaged him regarding this 3 times and he still continues to ignore me. I told him last month I will be making extra extra payments with my rent to help reduce the arrears then he he goes and closes his account

@Mummytotwo33 How much rent do you owe, exactly? In months terms?

I suspect he’s already been advised to go for a S8, hence not wanting you to make any more payments and get up to date.

It won’t matter majorly to the eviction process, but could make a big difference to the councils duty to rehouse you.

If the house has been sold, the rent needs to be paid to the new landlord
and you need to be setting aside the rent amount regardless.

There isn’t a new landlord and if there is why don’t I know about this? The for sale sign says sold but I think they are waiting to exchange. My landlord came round a few weeks ago for a check. And he’s the one on the possesion order! So if it was sold it wouldn’t be him on the possession order

@MythosK is spot on.

What have you done to notify landlord that his account won’t accept rent payments- keep a good trail and set the rent aside in a separate account.

Speak to the council. Whatever you do - stay put!

It's not easy, I had been there - 10 years and 2 children in my private rented. The landlord wouldn't fix the boiler for the last 8 months so we had no heating or hit water. Used to dry kids hair in car with blowers on hot!

I KNOW it is miserable. But don't leave until the section 21 runs it course and bailiffs come. You will then be in top band.

It took 6 months in emergency accomodation but we have now been in a council house for 6 years and settled.

Lots of luck and love. Get on that council list!

Sorry, no elec either for some weeks! Rent was supposed to be covering bills.

Daughter and I moved into smallest bedroom and shared for warmth.

Hopefully your social worker can help you with all the advice.

We had to move area, change schools etc, lost my job .. but in the long term, well worth it. Just don't make yourself 'intentionally' homeless.

In one of your posts, you said the LL had sold property. Most of my advice still stands though with regard to any defence. If the property gets sold before your current landlord gains possession, the the new LL will have to start their own proceedings to evict you.

I’ve messaged him 3 times and sent him screen shots of me trying to make payments with the message that comes up ‘ something is wrong with these details please check and try again’ we communicate on what’s app. He’s read my messages and been on multiple times a time a day. The same happens when I said issues with the house he ignores me. I have a letter also confirming his account is closed