Can anyone tell me what to expect please?

[CutiePatooties]

I’ve never been to court before and I’m due to go on Monday.

We were issued with a section 21, as the LL wants to sell her property. We couldn’t find anything we could afford and no lettings agent would accept us as I work part time and we receive a UC top-up. My credit also isn’t too great.

We went to the council who advised us to stay past the eviction date if we didn’t secure alternative tenancy before the eviction date, otherwise we’d be deemed as ‘making ourselves homeless.’ It’s obviously gone past the eviction date now, but my husband’s friend has offered us his house to rent for 2 years, so we accepted that offer thinking we could avoid court etc.

This is not the case, and she is still looking for us to be evicted before our intended move date of the 7th October. She also intends on claiming our full deposit (presumably to pay off her court fees, as we’ve always paid rent in full, on time each month and have maintained the property well, with the lettings never informing us of any issues despite inspecting the home every 3 months for the past 3 years).

I don’t know what to expect and it’s causing me anxiety (I have diagnosed BPD, and I’ve been referred for an autism and ADHD assessment. I struggle day to day and receive PIP). I don’t know what to write in my defence box that they’ve sent (it doesn’t look like there’s much room to write anything). We haven’t got any legal advice as I can’t get through to any of the free advice lines on the phone and we don’t have money for a solicitor.

Not sure if I’ve made sense on here or even what I’m asking for really. My BPD gets worse when I’m under pressure so I’m really not coping right now. I also know I shouldn’t be upset with the LL, but can’t help it. I know she’s not at fault for us having to stay past the eviction date, but she originally told us verbally we could live here for 8 years, then her aunt died, she inherited £700,000 net, knows we’re on benefits with two small children and now wants to take our full deposit despite being very good tenants for 3 years and despite knowing we’ve been trying to find alternative accommodation and have now found somewhere and plan to leave 7th October 2024.

Feeling very low, stressed, can’t deal with not knowing what to expect. We’ve each been given separate fees of £460 each (both my husband and me) which we can’t afford. Then it’s goodbye to our deposit. The thought of having to go through this all again in two years is also difficult, but my housing officer wasn’t responsive until I told her I had found accommodation and now she’s become very helpful indeed.

OP where are you? Never heard of a PRS form or the council having a right to inspect? Having a tenancy agreement doesn’t let the council inspect - HMOs need licenses in some places but I don’t know of anywhere that inspects private lets!

but still wouldn’t touch mates place with a barge pole at this point…

Can you imagine the fallout though if the mate did decide to change the locks. The police wouldn't help, so that means legal action, and for what? The point is she has no security in the immediate if she moves in there, he can do what he likes and there's only consequences if OP has money to fight it, which there would be no point doing.

I’m in the south-east. He needs to send the council a completed PRS form, relevant certificates and agree to an inspection being carried out by the council. We were only told they come and inspect prior to releasing the deposit, but his mate said he doesn’t want them, ‘coming round inspecting all the time,’ which I’m pretty certain they don’t do - he has another reason as to why he’s not wanting the council involved. Probably doesn’t declare the rent and probably doesn’t have a safe property. I mean it looks lovely and I fell in love with it when we viewed it, but if it’s not safe then I wouldn’t want my kids living there. My husband is still trying to talk me into it, which is driving me insane!

It doesn't matter if it doesn't. The landlord is entitled to costs if they have to issue proceedings and they succeed in their action.

nknsense

Don't give incorrect legal advice to someone already struggling

So you think that if the landlord has say 500 costs (which must be legitimate and backed by evidence) she can claim 500 from OP and 500 from OPs husband? And make a profit?

And deposits in a protected scheme can only be used for damages unless a court rules otherwise. Landlord can’t take costs from OP and then retain money from deposit just for the hell of it (unless damages). If OP doesn’t pay costs LL might be able to get court to agree it comes from deposit but then OP doesn’t have to pay again.

The court will award the costs according to the scales set by the court. The landlord doesn't "make them up". Seriously stop making stuff up.

I'd move to your husbands friends house. It seems like a better option and far less stressful. At this stage you have little to lose.

Do not move into the friends house...that sounds like it could all go horribly wrong!

Just stick to the facts with your current situation.

Try and take emotion out if it when writing the form (I know its hard) but you havent done anything wrong, but your landlord also hasnt done anything wrong.

Your landlords financial situation is irrelevant...she is just trying to claim money that she is entitled to. And the court will decide how much that is and how it is paid.

Does anyone know if we are allowed to say more than what is written in our defence?

I don’t think I filled in my defence papers as best as I could have and now thinking of what more I could have put on there but now it’s too late!!

The council contacted me asking to speak to my husband’s friend but he will not speak with them. He’s told my husband that the council will enter him into a scheme, but he doesn’t want that. The council told me they won’t come and inspect his property or contact him about more properties he has etc. They said he only needs to fill in a PRS form and send them certificates. He’s still saying he will not do this and if we want to move in, we need to pay a deposit directly to him with a tenancy agreement in place, or move in with no deposit and therefore no tenancy agreement.

My husband asked him if we can move in with a tenancy agreement and no deposit and his friend said absolutely not. Does anyone know why he will not allow this, please? I want to ask him but my husband doesn’t want to annoy his friend.