Eviction - Council Rehousing

[buspool]

Been served a section 21 notice

Nice landlord - paying low rent for years but I've 2 kids so not leaving til council rehoused me.

Council told me to wait until court order in place and bailiffs coming and then they'll rehouse me

BUT

does that mean I have to accept the property they offer me at that stage even if it is a flat in an area I don't want to live in??

If I don't accept it then??

Just wondering whether it is better for me to keep bidding on properties now and to ask council to give me higher priority so more likely to get a house with garden

Any tips on how I should play this please?

Can't afford private rents round here so not an option

The system is there to stop you being homeless. If they offer you a 2 bed ground floor flat no garden you make it work. If they put you up in B&B you make it work. It's a roof over your head not shopping for your dream home. If you want your pick of a 3 bed, garden, certain area then you need to source it privately (and pay as such). If you can't afford to then you need to accept what you want is beyond your means and cut your cloth according to those means.

Potentially yes with supporting evidence from doctors etc it needs to be something that means your children would be more disadvantaged than others e.g well managed asthma wouldn't change your banding

She's a human being and is entitled to have wants and needs, yes. She's not a second class citizen just because she is in need of housing. We live in a country where people are legally considered equal.

The council will be interested only in meeting her needs. There's nothing to stop her taking steps to obtain her wants though.

Some social housing is a house with a garden. Someone will be allocated these properties. OP with a DC will be allowed a 2bed place so there's no reason for her not to aim for a 2bed house with garden.

This is the whole purpose of the bidding system as opposed to being on a waiting list. It's aim is to give social housing tenants some choice, where possible.

People aren't actually bidding with money, they're registering their interested in a property and are limited in the amount of properties they can bid on each week. If they've any sense, they'll bid on those they're most likely to get. So although OP might be allowed to bid on 3bed places, in reality for her to get one there'd have to be nobody with a 3bed need bidding on it and the chances of that are incredibly small.

The "bid" takes the form of their priority (or lack of) status and the number of additional "points" (eg 10/20/30) they've been allocated for their personal circumstances, plus the length of time they've been on the bidding list. In this way properties are allocated according to need and where possible within the parameters of what the tenant has chosen to bid on.

"Out of interest what happens then to people? Are they left living in the street?"

@trickotreat if they turned down a council house that's suitable but not their preference on area or garden etc? Yea they're on their own

OP there are FB groups for people awaiting housing in my area - perhaps one in yours too? Then you could see what sort of properties are available.
Gateshead is very close to Newcastle, I'd imagine the waiting list despite not being as long as, say London or Manchester. Is still substantial. I have relatives in Gateshead and houses aren't cheap, which implies that it's not really an undesirable area.. it's all a matter of comparisons really.

Getting to the top of the list is the first thing, housing availability next. 'health issues' are meaningless unfortunately. Every kid these days seems to have them, from 'mild' allergies /neurodiversity/mental health to severe disability. It doesn't change anything unless directly linked to the appropriateness of a property.

Just in case you weren't aware, you will be entitled to free legal advice in relation to debt; housing and welfare as you have been served notice to quit. The bonus being they are often local and so will have insight into your area https://www.gov.uk/government/publications/housing-loss-prevention-advice-service-hlpas

@WhatIsThatThumpingInTheGarden I do think people are being unnecessarily rude. It's fine for the OP to have wants.
The decision between several sub-optimal choices is hers, however and also dependent on luck. Would she rather a house with no garden or continue living in a BnB? Etc.

Your best option is to have multiple options on the go, bid on council/housing association through the main system, contact housing associations direct and look at private rentals too.

Have you checked what benefits you are entitled to? Also what bedroom number you qualify for (not what you would prefer)?

Direct let. I've explained it in my previous posts.

I don't blame you for wanting a council place. If you're a low earner life is a constant struggle in private rented and the constant need to move on every so often is stressful. You've been given the curse/blessing of homelessness. The curse because it'll mean a period of hardship that may be lengthy and the blessing because the end result may be a council house with a secure tenancy.

If you're allocation is for a 3bed there's nothing to stop you successfully bidding on those. But if you have DC who could share a room and your allocation is for a 2bed you'll be more likely to be housed quicker by bidding on that.

Not for banding, that's unlikely. For points allocation, possibly yes, depending on the issue. It's true that lots on the bidding list will have extra points allocation. It's still better to be eg Band A with 30 points, even if so are most people, than to be Band A with 10 points. So inform the council of any health issues.

The LL giving you longer to stay gives you more time to secure a new private rental or to maybe get lucky with the bidding list. It doesn't mean you're going to get housed any quicker by the council through the homeless scheme, it just means they have no need to put you into temporary accommodation so soon.

So just thinking it's actually not in my favour to wait as council has advised until bailiffs turn up as I could end up somewhere I don't want to be.

It's personal choice and present availability to private rent and long term aims. What is your main priority, to not go through homelessness or to obtain a council property? The former, get looking for private rental now. The latter, stay put until eviction.

When council told me this I thought that was great - I'd defo get a house - hard luck on landlord having to take me to court but best option for me but now had time to think I'm panicking

You'll be housed, it won't necessarily be a house. For temporary accommodation could be only one room with no cooking facilities and no washing machine use. For permanent it'll be either a house or a flat.

If accept it (property council offers) then if it's awful I'll unlikely get a swap and means I'll be back to bidding on properties?

If you're talking about temporary accommodation then it's pot luck if you get moved to a better temporary one. And if you don't accept what you're offered the first time they'll have no further homeless duty towards you.

If it's permanent you're talking about, you may still get a swap even if awful. Eg if you have a 3bed but could manage in a 2bed and someone has 5 DC and is desperate for a 3bed they may swap you for a 2bed. If you have a 2bed house with garden, someone may swap you for a 2bed flat with no garden. You might consider those swaps to be worth it if it gets you out of a mouldy property or away from neighbours you're having problems with.

If you refuse temporary accommodation and end up with them discharging their homeless duty towards you, they may let you stay on the bidding list but with no priority status (the same as if you were adequately housed) or they may kick you off the list altogether.

If you're adequately housed in permanent housing, the council may not even accept you back onto the bidding list if you decide it's awful and want to move again. It will depend on the area and their rules.

Be aware that some of the people with lowest priority who have been allowed onto the bidding list will realistically never be housed.

just trying to work out how to get best chance of getting a council property now before court and bailiffs

This is highly unlikely to happen, realistically you're looking at taking a private rental or going down councils homeless route.

Are you able to move into another private rent? If so, you should do that. You'll be able to stay on the housing list, it won't affect your priority

Of course it'll affect her priority status. If she has a private rental with eg a 6 month tenancy, then she's no longer homeless. She'll still be on the bidding list, but without priority status as she'd be adequately housed. She'll have to reapply for homeless status if her new LL evicts her.

All of the information you need, for your local authority is here. https://www.gateshead.gov.uk/article/22131/Allocations-Policy

@WhatIsThatThumpingInTheGarden - thanks for the advice you covered everything

The council has the section 21 and tenancy agreement but they haven't asked to see evidence about deposit - should I be chasing council as but worried they won't have taken me seriously about section 21?

My friend got served an eviction notice and the LL gave her 6 months.

She went on the council list and was able to bid but was right down the list, even though she had 3 kids, was pregnant with a 4th and had a disabled DH.
So didn’t get anywhere.

The council said she can only move up the list when she was a certain amount of time away from her eviction date (I think it was 4 weeks).

She still didn’t get accepted for anywhere and so the council gave them temporary accommodation on their eviction date.

They originally went into a B&B and then the council gave them a holiday let, which they stayed in for 2 years whilst bidding on council homes and then were accepted for one.

The holiday let was stunning but because it was temporary accommodation it was over an hour away from the kids school and they couldn’t move the kids school because they didn’t know how long they would be allowed to stay there.
They also couldn’t take their pets or much of their stuff so had to get a storage unit and get rid of their pets/get family members to have them.

They were very fortunate because they got such a nice temporary accommodation but it was the fact that it wasn’t their home and that they had no idea how long they’d be there, that was the worst thing.

Good luck OP.
I hope it goes smoothly for you.

You're welcome.

Your deposit is nothing to do with the council? Whether you get it back or not has nothing to do with them and they don't care either way. I'm not sure what you're asking about it for. Do you have any other questions about it?

The council/housing associations don't charge deposits either for permanent or temporary accommodation, but you do have to pay rent upfront weekly and housing benefit (if you get that) is paid in arrears, leaving you to effectively find the first weeks payment from your own pocket.

You'll also have to factor in moving costs. Hiring removals company can be expensive. You can self drive hire a mid sized van on a normal car license, if you drive. This is cheaper and adequate for your needs if you haven't got much stuff, you can do as many trips as you want so long as you return it on time. You'll have to pay fuel costs. They'll take a few hundred as a deposit against damages, returned if there's none. You'll then need friends to help you load/unload. If neither is an option then you're back to sell/donate/tip your stuff and move with almost nothing.

Are you working? No need to reply but temporary accommodation isn't free. Housing benefit pays it no matter how expensive because it isn't your choice to live there. If you don't get housing benefit though, the cost is on you. Whether you'd qualify for a discretionary hardship grant or something in this situation, I can't say.

As the poster above says, you need to be patient, you're not homeless yet. A lot of them count it from the court date. Because if the LL applies to the court in 3 months when you don't leave voluntarily, they have to fill in the paperwork correctly for the court to agree with them. If they wrote errors the court finds in your favour to remain and LL has to apply for eviction all over again. It's not uncommon for LL to make errors on the eviction paperwork. Courts may have waiting lists for cases to be dealt with too. So it could be many months before you actually need to leave.

As PP mentioned, no pets in temporary accommodation but sometimes are allowed in permanent.

You need to practice not panicking over every little thing, because if you're using the homeless route there's going to be lots of uncertainty coming up and the resulting chronic stress can make you ill. Take up meditation or yoga or running or something for your nerves. Focus in being practical and gathering information so you've got all the facts before descending into panic. I know it's hard but you've got to look after yourself and learn to live with uncertainty.

So was speaking to landlord last night and turns out the section 21 isn't valid as he didn't give a copy of the gas safety certificate when I moved in. Safety checks were carried out (and are every year) as my friend lived in the house before me and remembers this just now one can find the certificate.

Landlord also didn't put deposit in scheme but said he would return deposit in full now but as can't find safety certificate from when moved in can't serve valid section 21. I said I wouldn't challenge it but he said court would find out and not issue possession order.

I'm furious at this as I want to leave the house. Section 21 was best chance of me getting council house so if section 21 not valid then that scuppers chance there.

So guess im looking at likely rent increase here (he hasnt put rent up since 2005) and living in a house I don't want to live in

Thanks @WhatIsThatThumpingInTheGarden for all practical advice on moving costs stuff hadn't factored in.

I'm furious this morning. Landlord is fine and does repairs but need a better family house for kids

I don't think you've fully understood the situation. If you're evicted you'll get housed but it won't make your priority for a permanent council house any higher than it is now. You'll just be put in temporary accommodation and bid from there. If you can afford to find an alternative private rental just do that. You're not obliged to stay in this house.

@Pineapple5678 but I think having the section 21 in place puts me in a higher band at moment

Sorry I'm just confused what to do now.

He's wanting to put rent up by £100 a month and says that because he hasn't put rent up since 2005 or since 2019 when I moved here it all balances out. Rent will still be lower than everywhere else but still sickening

i thought the section 21 was answer to prayers

Do I have to tell council about deposit now and gas certificate? When I told them about section 21 they asked me for proof deposit was in a scheme and tenancy agreement (to check section 21 was valid) but I'm not able to do the deposit thing so to prove to council section 21 is valid so not sure if council is treating me as potentially homeless or if they're still waiting for this stuff from me

Firstly the landlord hasn't kept to the laws that he is required to comply with. Unfortunately that means he can't evict you at present. The court will not give a PO if the legislation hasn't been followed by him. Secondly L/As do care about such things and have staff who deal with landlords who don't comply. If you have ever watched Nightmare Landlords you will see what action can be taken if they fail to comply. When I was working it was part of my job to advise landlords of their duties. And we did prosecute landlords who were remiss. We tried to educate them first, of course. Please don't ask your landlord to serve notice or try to evict you as that could be taken as you making yourself intentionally homeless. But also please take advice yourself and discuss with the housing officer.

Strange reaction to finding out you're not going to be made homeless. Most people would be relieved that they could stay and £100 rent increase when it's the first increase since 2005 and is still less than everywhere else is really good as you must surely know. Most people want a better house but we have what we can afford for the family we've chosen to have. Getting evicted wasn't some boon that would get you a much better house. As many have said, it would have meant a lot of uncertainty and you could well have ended up somewhere worse with no control over it. I wouldn't try to pretend you're being made homeless when you're not now, that's a weird waste of energy and there will be other people in much more urgent need.

No, a section 21 notice means that when you're within 28 days of being evicted they will have a duty to house you (if you can't house yourself) it will make no difference to your banding. They won't house you in a council house, they will put you in emergency accommodation. You'll be expected to continue trying to secure your own accommodation all the way through the process.

I'm furious at this as I want to leave the house. Section 21 was best chance of me getting council house so if section 21 not valid then that scuppers chance there

Probably wouldn't say that out loud, as it looks like you're in cahoots with your landlord.

@buspool what country are you in OP? it used to be the case that if the landlord did not increase the rent within 3 years of the tenant moving in, then the tenants were able to stay at the same rent forever! not sure if that is still the law. if you are in scotland then he will get into big trouble for not having current gas safety check every year. when the gas safety check was carried out the engineer would have left one at the flat and given one to the landlord. if you dont want to stay in the flat you will just have to push the council re the unsuitability of your current flat.

I don't know if I am missing something here, but if the house is so unsuitable why don't you move anyway?
You need to decide what's most important to you - low rent or a suitable house is what it boils down to.
You can still be on the waiting list from another property, although you will not be a priority as you are not homeless (that would now be the same wherever you live).
With respect, you need to read up how things work. I have never needed social housing yet I am acutely aware of a shortage of social housing, which you don't seem to be. Then it transpires you hadn't thought of moving costs.