Going to be evicted

[Septemberx]

Hi does anyone know if housing will help me. I am going to be evicted with 2 kids on the 5th September. I just got the notice. The landlord gave me a section 21. It says there's no reason why he is going to evict me he wants his property back....it is private rent I had to get a loan to get the rent and deposit which now I am struggling to pay back 😑.so now I know I can't afford rent and deposit to get another property .

You may be eligible for a rent deposit scheme which helps to pay deposit and first months rent www.croydon.gov.uk/sites/default/files/articles/downloads/Deposit_Rent_in_advance_advice.pdf

Thank you....I'll check it out. Does anyone know anyone that has rented from zk investment before

I haven’t heard of them I’m afraid. I’d maybe start with the letting agents that are listed on the link I posted above. You could also try asking on local Facebook groups if anyone has had any experience with the company you mentioned.

Are you already on the waiting list for social housing? If not then it would be a good idea to register.

The thing is, what's happening isn't unreasonable.
When you rent privately, you know a LL can take their house back as long as they give you t he right notice period. Your LL is doing this. September is 3 months away and time to find an alternative.

I can see that no-one wants to be moved on when they want to stay, but it cannot be that a LL can never get their own property back. Entirely right that there are processes and notice periods....and these are being stuck to.

It may well be that your late payment in reality has prompted this. It might not be. The LL might need to live in the house again or sell up if anything really.

The best thing seems to be to accept this is happening and look at moving forward. It isn't the case that you are being treated illegally.

Will you need a reference about paying on time from this LL?

Yes I will need a reference from him. He said to me housing won't house me because of my late payments 🤷‍♀️....(hes very rude) and he won't give a good reference. In fact he actually is stressing me out and making me confused.

He doesn’t sound reasonable at all. Did you have another previous landlord / Letting Agent that you could get a reference from?
No evictions are allowed until after 23/08/2030 and they will be a backlog of cases for the courts to get through.
This could buy you some much needed time.

23/08/2020, (wishful thinking there)

Do you think this could be because you've been paying a week or so late more recently?

I only ask because if they rely on that to pay other bills it creates a chain reaction, do you have any idea of his current living conditions right now?

My reply would totally depend on individual circumstances - if its due to your late rent it could be that you make a deal with him to stay if you pay earlier/always on time.

If they've split with a partner/want to move back etc its completely different

Its a shit situation but i do truely the hate the 'stay still until they go to court and force you out'

It creates bad credit, court judgements, court, mega stress on both sides to you & them, let alone how demeaning it must be to escorted out & left with no where, and lots of money to sort this.

If you can deal with it between you - try!

Maybe ask them to visit the house & prewarn you if they are going to try withhold deposit for anything they are unhappy with etc. Can you get a good reference. Can i have an extra week if needed, can i store some goods here, will they write a letter for the council and so on and so on.

I wonder why he's becoming rude all of a sudden? Maybe he's worried that you'll cause problems for him?

Yes, second trying to work with the LL.
Try to have a calm conversation. Accept you will need to move out but try to make it amicable and identify a point where you will be able to go and ask if he can help you - with things like references, perhaps with arranging deposit return to help you with next deposit. It will be easier for him if you move out smoothly, so see what you can negotiate to help each other.

If you owe rent or have created damage, you can't expect all your deposit back. You might have had difficulties with rent and been late paying, but you can't expect that to be allowed to continue long term or that you will avoid paying the rent or causing damage you don't pay for.

But positive communication can make this whole experience better for you. If you are aggressive or strongly resistant to moving out, things will be more tricky. Start by acknowledging you have been late with rent and find the idea of moving out hard. You can ask if there is any chance of you staying. If he says no, then accept it and ask what he can do to help you move out on time and in a way that helps your future and works for him too.

Good luck.

You are nowhere near to me op. I asked because I will have a 3 bed house becoming available in August but I am 20 miles away from Birmingham.

Hello just though I'd give everyone a heads up. I have a telephone phone interview with a housing need officer (Croydon council) tomorrow.... Just received this email...

Hello,

To prepare for your telephone interview please email me the following information:

· I.D for all household members (passport and or birth certificate)

· Proof of income (last three months bank statements and payslips) for all adults

· Last three months universal credit statements for all adults

· Tenancy agreement

· Eviction notice and all prescribed information (gas certificate, energy performance certificate, how to rent guide, deposit protection certificate)

· Completed address history form attached for all adults

· Completed disclosure form attached (each adult to sign own sheet)

· Completed budget planner here - betteroffcalculator.co.uk/calculator/new/step1 Complete all five tabs and once completed save and select ‘send to advisor’ and email it to me please

· Evidence of your property search since being asked to leave

makes sense. Info for right to rent checks, proof that the sec 21 is valid and a version of the kind of referencing that all landlords do. Hope it goes well.

Can you get all of that info ready for tomorrow OP? It seems like a lot to find at short notice. I imagine screen grabs of statements etc will suffice.

Get as much as you can for the call. Good luck

According to the shelter website:

Coronavirus update: evictions are on hold

All court action for eviction has been put on hold until at least 23 August.

This may give you a bit more time.....

Your landlord can't get a court order to evict you until after that date.

I know I thought the same thing its a lot to gather by tomorrow. The court action date is after the 5th september that's what is says on the eviction notice

there is no way he or she is gonna have you out by sept IMO, but as others have said, you are best off getting professional advice

@WombatChocolate

The thing is, what's happening isn't unreasonable. When you rent privately, you know a LL can take their house back as long as they give you t he right notice period. Your LL is doing this. September is 3 months away and time to find an alternative.

I can see that no-one wants to be moved on when they want to stay, but it cannot be that a LL can never get their own property back. Entirely right that there are processes and notice periods....and these are being stuck to.

It may well be that your late payment in reality has prompted this. It might not be. The LL might need to live in the house again or sell up if anything really.

The best thing seems to be to accept this is happening and look at moving forward. It isn't the case that you are being treated illegally.

Will you need a reference about paying on time from this LL?

Kicking someone out isn't unreasonable in the midst of a global pandemic?

Of course it's unreasonable, and it's not actually legal at the moment due to the moratorium on section 21s.

Yes I will need a reference from him

Kicking someone out isn't unreasonable in the midst of a global pandemic? Of course it's unreasonable, and it's not actually legal at the moment due to the moratorium on section 21s.

Agreed

The LL has a shop downstairs and the shop has now got a for sale sign 🤔🤔

Don’t forget to speak to Shelter as well

Going through the stress and hassle of eviction when you are under the control of others is not ideal. You still have to pay rent In the meantime so you could fall into further financial trouble.
The Council Shelter etc may check your paperwork etc but are they going to give you suitable accommodation ?
3 months is enough time to move .Get a guarantor and go on Letting Agents listings . They are used to section 21s and moving for that reason. You do not have to pay anything in agents fees now

Hi....spoke to housing they want me to look for another private....my job had also let alot of staff go...so now im not working...I wont have rent in advance deposit upfront...has anyone applied for a DHP before to help with rent I advance..housing told me to find somewhere first and then apply which imtrying to do but alot of landlords have told me the wait for dhp is 13 weeks!!!!!! Seems like my only option is to wait 5h September to be evicted.

As stated before, you wont be evicted on the 5th September, that is just the earliest date the LL can apply to court to make a claim for possession.
If possession order is granted - that will have 2 weeks before expiry.
Once the PO expires- the LL then has to apply to court for a bailiffs warrant.
You can ask for 42 days extension if you haven't anywhere to live

The council only have a "prevention duty" to you at the moment- not a duty to rehouse.

If a PO is granted then they will owe you relief and interim duty.

Under relief they may well help you with upfront moving costs such as a deposit.
They can also discharge this duty by offering Private rent as long as it is available for at least 6 months and is suitable.

Interim duty means they will have to house you in emergency accommodation as you are considered priority need as you have children. if they go on to owe you the main housing duty, (am sure your homeless officer has explained this) then they can discharge the duty by offering you private rent as long as it is suitable and available for occupation for a minimum of 12 months- or a social tenancy.

Depending on where you are - you could be in temp accommodation for a while.

S21 may be invalid- depending on the year your tenancy started/renewed- LL as again stated before has to have followed certain obligations with regard to Deposit, gas cert, EPC, How to rent - if it is invalid, LL will have to put all of these things right and then serve another s21 - delaying the process.

If you receive any papers from the court and the s21 is invalid - you will need to complete the defense form and return to the court.
This will then stop a PO being granted.

There could be hearing or if LL uses accelerated possession proceedings then there wont be a hearing but you will still need to complete the defence form if there is a defence otherwise PO will be automatically granted.

Worst case- S21 is valid - in ordinary times eviction takes around 7 months - this is going to be a lot longer with back logs in the courts.

You do not have to leave on 5th September.

If you are already in receipt of housing costs of UC (or Housing benefit if you are on legacy benefits) then you can apply for DHP for rent in advance./deposit but you will still need to find a property first.
You can apply through your council's website.