Hi OP
We’ve chatted over PM, but I’m updating the thread too so you have everything in one place and in case in benefits anyone else supporting you.
Current notice seeking possession
You’ve received a notice seeking possession. This is not an eviction notice. It is simply your landlord saying he wants the property back by 1 December. He relies on two grounds:
- ground 1A: that he wants to sell the property
- ground 13 that the property has fallen into disrepair by you not ventilating
He has provided no evidence for the disrepair allegation, just a bare assertion.
This notice requires you to leave by 1 December. From what you’ve told me, it appears to be valid, but if you have any doubts, ask the homelessness officer to check it.
As the notice itself explains (see the comments on the right-hand side by section 2.1), the landlord cannot apply to court for possession until after 1 December. Before that date, it is not a court matter, it is simply a notice.
The landlord can only apply to the court for possession from 2 December if you do not leave. Possession claims fall into two categories: mandatory and discretionary.
Ground 1A (intention to sell) is mandatory. That means the court has to grant possession for that ground so long. as there is proof of a genuine intent to sell and you are not in the first 12 months of the tenancy.
Ground 13 (property fallen into disrepair) is discretionary. The landlord has to prove his case and ieven if he does, the judge will only grant possession for this ground if he considers it reasonable to do so.
Once the landlord makes an application for possession (assuming you dont leave), you will be served with summons papers. Once received you have 14 days to defend. This is where you would include your evidence to rebut Ground 13. CAB can help with this.
However, note that a landlord is expected to provide details on the notice form. Merely writing 'not ventilating' is not enough. He might well seek to flesh that ground out when he applies for possession but a court will not take kindly to him ambushing you that way. Any evidence he has should be presented to you on the notice itself so you have an opportunity to consider that when deciding whether to leave. So that alone will cause him a pretty big hurdle notwithstanding your EH evidence to rebut the allegation. I would be very surprised if a court granted possession on that ground.
In any event, there is no risk of any finding if you leave before the court hearing. The average time at the moment for a court hearing following a possession claim filed by a landlord is around 4-8 weeks. CAB will have an idea what it is for your area.
Leaving by 1 December
My suggestion is that you do everything you reasonably can to leave by that date, because remaining beyond it will significantly increase your anxiety.
If you cannot secure a private let by then, tell the council clearly that you want temporary accommodation under the relief duty from 1 December. Explain that:
- it is not reasonable for you to remain once the landlord wants to sell
- the situation is impacting your mental health
- staying risks court action, costs, a CCJ, and future referencing problems
Get supporting letters from your GP, mental health worker, or social worker.
Council assistance before 1 December
Before you reach the 56‑day point of your notice expiring (i.e. you are legally threatened with homelessness), the council’s duty is only to provide general advice and assistance. It sounds like they are doing that.
They may start some of the formal work early, but they are not obliged to until you are within 56 days of 1 December – which I think will be circa 6 October.
Council duties once you are within 56 days of 1 December
Once you are within 56 days of 1 December, you are legally threatened with homelessness, and the council must:
- make enquiries into what duties they owe you
- open the prevention duty
- draft a Personalised Housing Plan (PHP) setting out what they and you will do to prevent homelessness
The enquiries will cover:
- Do you have priority need — there are children in the household, so you do
- Are you intentionally homeless — they do not wait for a court hearing. They make their own assessment based on the facts they have.
They look at these questions because they determine:
- whether you are entitled to interim accommodation at the point you become homeless (under the relief duty)
- whether they owe you the main housing duty (settled accommodation)
There is no express deadline under which the council must complete its enquires but the Homelessness Code of Guidance makes clear that they should be completed as soon as possible and ideally within the 56-day window. It is very likely they will complete enquiries before 1 December, so you should know in advance whether they consider you intentionally homeless. Even if they have not completed enquiries by then, that does not prevent entitlement to temporary accommodation under the relief duty once you are homeless – that is owed if a person is homeless and in priority need.
Intentional homelessness
The council has already indicated they are unlikely to find you intentionally homeless. Based on what you’ve said, and assuming your environmental health documents support your position, it is very hard to see how they could.
Pass all your evidence to the council.
If they do find you intentionally homeless, appeal immediately through the s.202 review process. Shelter/CAB can help you with that.
Once a council decides you are not intentionally homeless
Once the council has completed enquiries and made a formal decision that you are not intentionally homeless, that decision is final unless:
- there is a material change in circumstances, or
- the decision was based on incorrect or incomplete facts
Neither applies here. The council already knows the landlord has made an allegation about ventilation. Even if, in the extremely unlikely event, a court later agreed with the landlord, that would not allow the council to reverse a non‑intentional finding already made.
Things to do now to manage anxiety
Get your ducks in a row:
- Make sure the council has all evidence rebutting the landlord’s claim about ventilation.
- Make the council aware of your anxiety and any other household medical needs.
- Get supporting letters from GP, mental health worker, social worker to support that you need the matter dealt with swiftly and to not be expected to stay beyond 1 December.
- Keep a simple timeline of events so you feel organised and in control.
If it helps you feel calmer, make a plan for the worst‑case scenarios, even though they are very unlikely.
Worst‑case scenarios up to 1 December
- You cannot find a private let - ask the council for temporary accommodation under the relief duty from 1 December or stay with parents if that feels safer.
- Council completes enquiries before 1 December and finds you intentionally homeless - appeal the decision (Shelter and CAB can help) and ask to be accommodated under the relief duty from 1 December until the appeal has concluded.
Worst‑case scenarios after 1 December
- Council finishes enquiries after 1 December and concludes you are intentionally homeless - they must continue to house you for a reasonable period. Continue looking for a private let. Appeal the decision (Shelter and CAB can help).
- You do not leave and the landlord applies to court - leave by 1 December or at the very least before hearing date once known.
- You don't leave before the hearing and are served with summons forms - provide your evidence in the defence form.
- You do not leave before the court hearing and it adds the disrepair allegation to the possession order i.e. finds in the landlord's favour - this does not allow the council to reverse a previous non‑intentional finding so has no impact.
Referral to social services due to intentional homeless finding
See previous advice from rosefield that this will not mean your children are removed.