What does a 62 year old man on just above minimum wage do when served with section 21 eviction notice and cannot afford anything on the current rental market?

[Mxflamingnoravera]

I have a friend aged 62 who has been living in a pretty awful but liveable one bed flat for six years. He works full time in a call centre on little more than minimum wage. The flat was recently assessed by the local authority as part of a new local licensing scheme for private rental properties in our city. It needs a lot of work done on it and today he was served with a section 21 order because (he was told) the builders say it's too much work to have him stay there whilst the place is brought up to standard.

He has looked around an there is nothing under £900 a month in our city. He cannot afford this. He has no car and cycles everywhere. So he needs to live fairly close to his workplace.

He is devastated, he cannot live in a shared house at his age. He is a very private, shy man, has few friends and no family.

I'm at a loss to know how to help him. He cannot live with me, i have no space and do not want a lodger.

There is literally nothing affordable in our city. He is looking at homelessness in January. What happens to people like him?

Instead of looking at it as kicking him when he's down look at it as you protecting your own mental health so you are in a better position to help him in the future. Even if you just take the weekend off from helping and take time for yourself it will be worthwhile.

What a wonderful friend you are OP. Very pleased you are setting some boundaries and taking time to look after yourself.

I can see lots of options have been suggested which your friend is following up. My advice is that he should press heavily on the local authority’s housing needs team.

Section 21 notice

Once a valid section 21 notice is served that expires within 56 days, the local authority must treat the person as ‘threatened with homelessness’ (see section 175(5) of the Housing Act 1996), and in consequence, it becomes subject to the prevention duty (set out in section 195). This is an ongoing duty to try and prevent the person from becoming homeless. That might mean liaising with a landlord for more time at the existing property (but only if it is suitable to occupy and that is an option) or helping them find another property.

https://www.legislation.gov.uk/ukpga/1996/52/section/175

https://www.legislation.gov.uk/ukpga/1996/52/section/195

It is not correct that the local authority can wait until a bailiff is on the door before expecting a person to leave, or that they will consider someone leaving before that point as intentionally homeless. This is made clear in the homelessness code of guidance which I will link below. However, they will look at each case and take a view as to how long a person can be expected to stay. I cannot see how your friend can be expected to stay beyond the notice period as it sounds like the inspection has determined the property is unsuitable for habitation/unsafe. If that is the case, it is not reasonable to occupy now let alone beyond the section 21 expiry date. A person is considered homeless if they have accommodation that it is not reasonable to expect them to occupy (see section 175(3) in the earlier link). So you friend may be able to say he is homeless now and not just threatened with homelessness on [date the section 21 notice expires].

Here is a link to the homelessness code of guidance. It is rather lengthy but it sets out the legal framework so is super helpful

https://assets.publishing.service.gov.uk/media/5ef9d8613a6f4023cf12fc67/Current_Homelessness_Code_of_Guidance.pdf

The local authority duty to house

When a person presents as homeless, if they are in apparent priority need, the local authority must provide interim accommodation (per section 188), whilst it considers whether it owes the person the main housing duty under section 193. The main housing duty is a duty to find/provide settled accommodation. This can be discharged by finding a private let for a minimum term of 12 months, or a social housing allocation (in the council’s own stock if it has any or housing association accommodation). In a nutshell, to be owed the main housing duty the only additional criteria, is that the person must not be intentionally homeless. The local authority might also wish to secure further information as to whether the person does have a priority need (at the interim stage the test is that the person 'may have a priority need’ i.e. a lower threshold). Your friend will not be considered intentionally homeless if he has received a section 21 notice. As discussed earlier, he will also not be considered intentionally homeless for not waiting for the bailiff to show up. Moreover, he might be homeless due to the condition of his present property.

https://www.legislation.gov.uk/ukpga/1996/52/section/188

https://www.legislation.gov.uk/ukpga/1996/52/section/193

Priority need

It sounds to me as though your friend might have a priority need. It seems he has some rigid thinking, awkwardness, is very routinised and not very social (you are this only friend), so he may well be neurodiverse. He also has scoliosis, and mental health problems. At the very least I cannot see how a local authority could not find that he ‘may’ have a priority need and therefore it owe him a duty to house him temporarily under the section 188 interim duty. The priority needs group are set out in code of guidance I have linked above but includes people with health conditions or disabilities, or people vulnerable for special reasons. It is great news that your friend is seeing his GP. I would urge him to get a letter from his GP and explore whether he is neurodiverse (which the GP can note). I appreciate this might be a tricky conversation though and not one you want to have!

Some things to know about disability are:

1. A letter from a doctor or specialist is generally needed.
2. It is not necessary to have a formal diagnosis by a specialist for some conditions – it is very difficult to get as assessment for autism for example, and there is a long waiting list. In light of that many people have a treating diagnosis for their conditions.
3. Also no need to be claiming PIP but that would be helpful as it shows another person has concluded the disability has impact day-to-day.
4. The fact he works does not mean he does not have a disability or autism. Please ignore the earlier poster that said it is disgusting to get a diagnosis for housing. That is an ignorant view.

· Accommodation offer If the local authority does make an offer of accommodation, that accommodation must be reasonable to occupy. I am glad that the earlier talks of shared accommodation have been put to bed. He would not be expected to share for the purposes of benefits - only those under 30 have a housing allowance set at sharer rates. If your friend can show his need to live alone is due to a disability, the local authority will also have to find him something self-contained. The local authority might also need to take into account the proximity to his work (depending on whether again, this is due to his disability. At the very least, he is undeniably vulnerable and I cannot see how he would not be a priority for sheltered housing. It seems he would benefit from the on-site support.

Having said all this, local authorities are extremely stretched - not enough properties or money to deal with the unprecedented demand. This undoubtedly leads some to not provide as much assistance as they should or applying tests too strictly. For that reason I would recommend your friend makes sure he is fully informed of his rights, and takes someone with him to help advocate for him, if possible.

I hope this helps.

@trippingthelightfantastic1 thanks so much for this summary of rights and links to statutory guidance. It is super helpful.

Hows it going @Mxflamingnoravera ? I hope your friend is making some headway re his situation.

Update. He had two appointments today, one with UC and one with triage re housing. He has properties with bids on with HAs and a viewing in two weeks. He refuses to take pip seriously and says it's not a priority and ex forces is ruled out because he didn't finish basic training. But he is feeling more upbeat(ish).

I'm still trying to extricate myself from his reliance on me, I'm holding boundaries and not budging.i cannot have him here for Xmas, my son cannot stand him, but he's used to Xmas alone so I don't feel too guilty. I'd rather have my son here and comfortable in his childhood home, so that boundary is clear.

It looks like all the advice from here is paying off slowly but surely. He sends his thanks.

@Mxflamingnoravera Don't feel bad about not having him round for Christmas, what you've done for him means far more than any Christmas invite.

thanks for the update OP. i'm glad things are moving in a positive direction for him.

He has a viewing on an over 55s HA place on Thurs but has been sent an appointment with housing team on Tuesday with no indication of what it's about- he's terrified that they'll tell him he can't have the place he's viewing.

His UC claim is open which is just as well because it turns out his work will only pay one month on full pay then it's statutory and the doctor has signed him off for another month and put him on sertraline. He's now worried he will lose his job too.

He can't bid on any other properties because he has "an offer" does this mean he's going to get the place he's viewing?

And, get this, the fucking agents for the shit hole he's in now have said if he moves out before 13jan he still has to pay rent to that date and give a month's notice even though it's builders going in when he leaves, not tenants. Grr my blood is boiling.

Try not to worry about what the housing team want, it’s likely his name has just come up for an appointment and nothing to do with the viewing on Thursday. It sounds positive to me that he is being described in the system as having “an offer” - I sincerely hope this is the case and the viewing is a formality to ensure that he is happy to go ahead and accept it.

His work don’t sound very supportive. If I was him I would think about returning sooner rather than later if he possibly can, you can return while signing off sick if you want to. As long as the viewing goes well on Thursday and assuming he is able to secure this accommodation, it may be a good idea to return to work the following Monday. Not give them any excuse to suggest he can’t cope with working. If he’s worrying about losing his job, he will feel better to return and he may be right that it’s a real possibility. Though it’s also possible he’s just catastrophising of course, it’s hard to tell.

You’re amazing btw, helping your friend so much.

Re current rent, if he's nit within the fixed term of his tenancy , he can give 1 months notice. So if he's offered the HA property he can give his months notice then..

He can then speak to UC about a potential overlap in housing costs.

He can give the month notice, but he will still have to pay for that month, so in effect will pay rent for both places for December... his place is uninhabitable but they expect him to pay the month if he moves out. He cannot afford two lots of rent in December.

Shelter or the LA might be able to help with the double-rent month if this place is suitable.

Tell him good luck, I hope he gets the place he's viewing.

Best wishes from me too. I’ll wait for the update, hope its good news.

I’m hoping for positive news on Thursday re the viewing.

Try not to get sucked into his negativity @Mxflamingnoravera it must be overwhelming but it’s such good news if he is able to give notice because he has found a new place to move into. He could presumably just move out without paying the last month’s rent and lose his deposit. It will be an amazing outcome if he is able to move into over 55s HA place, even if he unfairly loses his deposit.

What a rubbish situation. I hope the HA flat comes good. If he can’t afford the rent on the current flat as well as the new place the worst that would happen is the landlord would sue him for it. As for his sickness situation he may have to do what lots of other people do for financial reasons and go back to work even when not feeling well.

If he has a viewing then this usually means it's been offered to him and he gets to decide if he wants it. You're usually only allowed to refuse once.

If the meeting was to tell him he can't have the place, they wouldn't go to all that trouble they'd just tell him over the phone.

I'm guessing the meeting is just to get some extra details off of him and to explain the process and get his paperwork in order etc.

Did he pay a deposit on the existing place? He could not pay the last month and have it taken out his deposit if he did.

Surely rent cannot be charged if the place is uninhabitable? Hopefully the LA or Shelter can advise.

He needs his deposit for the month in advance on a new place. If, big if, he gets the place he is viewing, it's £800 (HAssoc) but includes water and electricity and I think that's a good deal at the moment with electricity prices. But other HA places are £500pm so it feels expensive but he's scared he can't turn anything down.
Does anyone know how inclusive rent is treated by UC?

Of course he would be mad to turn it down as long as long as its half decent. Our point is that he should prioritise paying a deposit on the new place over paying rent on the old place. They can take his last months rent from his deposit if necessary.

Don’t know about inclusive rent and UC but hopefully that is a question he can ask at his meeting tomorrow.

I expect the rent and the services (electric, water) will be itemised separately and only the rent part taken into account for UC. It’s good because he can use as much heat and electric as he wants and only pay the set amount each month. No more worrying about bills.

@Mxflamingnoravera
a friend of my family’s lives in one in Bristol in HA by Lawrence Hill I think that’s the area
very similar large 1 bed flat with a proper wet room
His rent is £800 inc all heating electric and water
UC minus off 200 a month for the all inclusive bills
so it’s a pretty good deal especially in the winter
his has a intercom laundry room and there are people that are there to assist with help for rent and UC / PIP

He would be absolutely mad to turn it down as it’s a secure tennancy for life

Honestly I would be 99 percent certain he’s being offered it
tell him to accept it and sort the shit out with his other flat afterwards 😂

if it’s similar to my family friend flat he’s basically won the lottery ticket 😂

a secure tenancy with cheap rent is winning this weeks lottery
Really hope he gets it

He will take it. If it can have it, he'll take it. He's packed and ready to go!