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Ccjs and renting

8 replies

bellx · 14/09/2023 10:32

Hi,

This is my first post so please bear with me but I need to talk to someone as I'm struggling. I got married 7 years ago which ended 3 years ago with the help of women's aid and the police and a restraining order against my ex husband. I now live alone in a 2 bed flat with my 5 year old son. While I was married my ex husband wanted me to take out credit cards and loans to help and I did which have resulted in me having 2 ccjs on my name. One was for £1400 which Iv been paying monthly and has reduced to £600 and the other is £225. To make matters worse I have no savings, I'm currently working part time (school hours), receiving benefits and my flat has rats and mice due to my prick of a landlord! He has now threatened to sell the place as Iv been complaining too much about the disrepair issues and had told me to start looking elsewhere to live.

I can't move anywhere, I can't rent anywhere due to my ccjs, I'm losing all hope and have been in tears for the past 48 hours. I really don't know what to do or where to go for help. I've applied for council housing but I know the waiting list is long so I don't really have any expectations.

In terms of private renting, what do you advise? Obviously I can explain my situation as I was going through a horrible few years and have proof of everything.

OP posts:
KievLoverTwo · 14/09/2023 13:40

He has now threatened to sell the place as Iv been complaining too much about the disrepair issues and had told me to start looking elsewhere to live.

Has he actually issued you with a Section 21 notice though?

If he hasn't, he can't kick you out. There are processes that have to be followed to make eviction legal.

Hopefully others will be along to tell you if you might be eligible for council housing, and how to go about it.

bellx · 14/09/2023 22:13

No I haven't received a section 21 yet. How long does that take?

OP posts:
KievLoverTwo · 14/09/2023 22:26

bellx · 14/09/2023 22:13

No I haven't received a section 21 yet. How long does that take?

I have never had one but I think it's just a letter written by the LL and it usually has to give you two month's notice. What does your lease say about notice periods? Has he told you he wants you to leave on email, and if so, did he say by when?

Section 21 is the name of the law that allows them to give you notice for no reason. It's also called a 'no fault eviction.'

If he hasn't given you one, he hasn't got a clue what he is doing.

SiouxsieSiouxStiletto · 14/09/2023 22:29

I take it the abuse is documented? You could try getting the CCJs set aside if you were coerced into taking out the loans but I'd get some advice before trying this.

whyisitallsohard · 14/09/2023 22:38

I'm so sorry this is happening to you and really hope things will get better.

Your landlord can issue an eviction notice, but so far hasn't which is the good news but I can completely understand how worried you must be after the way he has spoken to you (which is wrong and illegal). Regarding the rats and mice problem, you can go to your local council and report these issues to them directly (call them or check the website). The council will come and inspect and also fine your LL for this. They will get rid of the vermin and bill the landlord themselves.

Here are the rules about section 21/eviction for landlords: https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices
Please note on there: the landlord cannot issue you a section 21 if they have not put the tenants’ deposit in a deposit protection scheme . I have a feeling your landlord hasn't does this, given the state of the property you describe (vermin). If they bring up that they will evict you, ask them which deposit scheme your deposit is in... I have a feeling your landlord can't legally evict you. Landlords lose all rights if they do not obey their end of the law. In addition, if he did try to evict you and you refuse to leave, he has to then take it to court for a court order, costing him money and time. If he has not done his part as a landlord, it is very likely the court would side with you, so do not fear this :) It may work for you. Please read that link above as there are many points on it that could work in your favour.

Having said all this, I think that it would be a good idea to make a plan for exiting this rental you are in. Since the landlord hasn't issued a section 21 "yet", you have some time to figure this out. Don't wait for them to kick you out, try to leave sooner.

Some options:
Save what money you can (I know this will be hard, but whatever you can save, save it).

Call Citizens Advice Bureau regarding help with housing, they are really food: https://www.citizensadvice.org.uk/scotland/housing/finding-a-place-to-live1/if-youre-homeless-or-at-risk-of-homelessness/

Call a Women's shelter and seek advice about your options and if they can provide a solicitor who can help with the CCJs (I am not sure if they can, but it might be a good place to start - also Citizens Advice may also be able to help):
https://refuge.org.uk/

Try OpenRenthttps://www.openrent.co.uk/ - there are usually quite a few properties on there where the landlord doesn't require a deposit or too much for a deposit, and they don't usually do a background credit check and will trust that you'll pay the rent. You can try there and negotiate rent amounts but don't tell them about your CCJs.

Contact your council directly - show up or call the relevant department about your landlord and threats to evict you with a child.

Another option is emailing/calling your local MPs (tell them everything), regardless of whether Labour, Conservs, etc. Just maybe call all of them and tell them about your situation. They will know for sure what local help is available and also can push for the council to help you too.

Lastly, it might not be something you want to do now, but perhaps you can contact your local newspaper about your landlord, or a bigger media outlet like The Guardian. If not now, you may want to consider doing this later. I would document everything with your landlord, keep all emails, if you speak on the telephone, followup with an email summarising the call, make notes in a diary and literally keep everything. You may be in a position one day where you can get compensation back from this God awful person. I also hope you find the right solicitor to advise you about the CCJs.

I don't know if the above is any help, but hopefully it's somewhere to start. You will be ok, you have to believe you will be. Please get some rest tonight and start fresh tomorrow. You can do this. Good luck

If you're homeless or at risk of homelessness

Find out what to do if you're homeless or at risk of being made homeless. Information on applying to the council for help and the duties they have to provide housing.

https://www.citizensadvice.org.uk/scotland/housing/finding-a-place-to-live1/if-youre-homeless-or-at-risk-of-homelessness

MrsMoastyToasty · 14/09/2023 22:41

Go to a debt advice charity or CAB. Tell them that the debts were as a result of financial abuse. They should able to help.

caringcarer · 14/09/2023 22:46

I can't offer any help but I do feel sorry you are having to deal with such an unpleasant LL. You are doing so well to gradually pay your debts off.

whyisitallsohard · 14/09/2023 23:00

I forgot to mention, please please please register with a local GP and see them, or have a telephone consultation at the very least to get some support. They can also be another source for documentation and documenting the issues you are facing and there effects on your health. Please take care.

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