Section 21 - intentional homelessness

[RatalieTatalie]

Hi,

I really need some help clearing my head.

I was served a section 21 in May (expires July 31st). My rent has been late several times in the two years we’ve lived here. There were two of us on the tenancy when we moved in, but on my own it really isn’t affordable and I’ve struggled. The rent has been paid 10-12 days late on occasion. I fully understand this isn’t OK and understand that the landlord wants to rent to someone who can pay in full on time, every month. I would say it’s been late 5 times over a 2 year period.

I haven’t had much of a relationship with the letting agents, the repairs have been extensive since we moved in and getting any work done has been difficult. We currently have a hole in the ceiling from a bath leak that’s not been looked at, no working oven or fridge. So when they emailed to ask me if I’d received the section 21, I ignored them.

The council have now come to do checks to see if I meet the criteria for help to find somewhere and the agents have told them I have refused to engage with them and have been persistently late with rent, hence the section 21.

When I initially struggled with the rent after the other tenant moved out, I applied got
a housing grant and was initially granted it got 6 months and then told that I didn’t qualify after that. I also reached out to the local social housing team and said my current accommodation wasn’t affordable and could I have some help to secure more affordable accommodation.

Ultimately they’ve said they may find me
intentionally homeless (although they will try and consider all the facts that I’ve had major car repairs to attend to, the fact I’m now a sole tenant but it was initially affordable).

i feel so stuck, if I can’t secure private rental (same old story, I’m applying every day but no joy with applications) what can I do? I am
able and willing to pay for accommodation (i do work 5 days a week) but I just can’t stretch to the £1300 this rent is on my own. I know the council can discharge their duty if they find it’s my fault, but if I can’t secure a private let, where will I go with my children.

we were already made homeless in 2022 after the landlord of 11 years wanted to sell up, I had to relocate to secure this house and now I feel so lost. I feel completely at breaking point with the whole thing and have no idea how I’ll carry on if I can’t put a roof over our heads.

A Section 21 Notice is merely a notice to advise that the landlord wants you to leave. At the expiry of the notice, the landlord would then have to apply to the courts to have you evicted, which can take many more months to achieve.

If you really feel that you would like the Council to rehome you, then you would have to stay put and wait until the courts and bailiffs evict you from the property so that you are then 'homeless' and would qualify for the Council's help. The rent is usually lower than private rentals too and are more secure. The Council don't generally help if you make yourself homeless or you leave the rental property before the court eviction.

The downside is that with missed rental payments and a court eviction, the landlord won't provide you with a good reference. Do you have a guarantor?

@RatalieTatalie confused! if there were two of you then one moved out and you state that you are on your own, then who are "we"???

Me and my children. I meant on my own as in no other adult contributing to the household finances anymore

OP refers to children.....

I could possibly find a guarantor, but yes a poor reference looks likely. I understand this is my own fault, albeit not malicious - there just hasn’t been enough money in the pot to cover everything. I would absolutely love a council or housing association house if i’m being truthful. I could afford the rent in full, with no worries of juggling money and
borrowing from one pot to pay another. However, I know that social housing is at an all time low and even without talk
of the council discharging their duty due to late payments on my part, I’d been told to expect to be in emergency accommodation for a long time before any social housing was available and to focus on finding a
private rental - which of course I will take if I can find as I just need a roof.

But with letting agents not being interested in us (understandably) and the council saying they may not help. I just wondered what on earth I can do. I’m happy to pay for affordable accommodation, I just can’t find it anywhere.

A Section 21 eviction is a non fault eviction, meaning you have not been accused of doing anything wrong, so I don’t understand why the council is saying you have made yourself intentionally homeless. Are you in rent arrears now?

If you have rent arrears or persistently pay late, you should have been served a Section 8 which would qualify as your fault and you could be found intentionally homeless if you can’t prove you were struggling with finances and hadn’t agreed a payment plan for arrears.

You need to try to get through to Shelter for comprehensive advice. Quite often councils will lie/misinform so you give up on them helping you and find your own accommodation as they don’t have enough to go around. Even better if you move in with family as they can say you are housed.

If Shelter advise you the council have misinformed you, make a formal complaint to the council straightaway as they’ll have to respond giving the correct information.

This is bollocks OP. Late payments are no reason to be found intentionally homeless. I am a housing officer and have had 2 similar cases recently and no way would I have found them intentional. Speak to Shelter for advice.

Complete a realistic income and outgoings assessment. £1300 is a LOT for a single parent to find. Prove its unaffordable (if it is)

To be intentionally homeless, you have to have committed a "deliberate act" that results in you becoming homeless. If you can show your late payments were unavoidable then you can't possibly be intentional.

Can you be my housing officer! That’s the first time I’ve laughed all day.

The guy I have seems nice, but I do very much feel that he wants everyone to just leave him be and find private rental. Which as I said I’d be more than happy to do if I could find anyone to rent to me!

It is a lot for me, I can just make it work if no other unexpected expenses occur in the month. I don’t drink, smoke, go on holiday, I barely socialise, never buy myself new clothes unless absolutely necessary. I do work part time to fit around school, so could in theory work full time, but in reality my overall income wouldn’t increase as I’d lose a lot of my universal credit, so would probably be about £150 a month better off when I factor in childcare. the main issue over the last few months has been my car, which is constantly needing repairs. I can’t afford a new car, so am forever patching this one up to keep it on the road.

As far as I understood from shelter they haven’t issued a section 8 because I’m not in 2 months of rent arrears and have never been. He said landlords tend to go for section 21s as there is no defence to be had, as it’s no fault, so can’t be thrown out. The council contacted them to ask the reason they served the section 21 (in order to asses their duty) and they said about persistent lateness.

The whole system seems mad, I couldn’t afford to keep up payments on time on my own, no help is available because I’m housed. Then when I’m asked to leave, I can’t get help as I’ve been struggling 😭

Honestly OP, you could be me. Single parent, 2 DC , work part time with UC top up because, well school run etc.no local childcare. Useless exH. Spent over 1k on the bastard car in the last few weeks and fml if it isn't broken again as of yesterday. Maybe these life experiences make me a more sympathetic housing officer.

There is case law around intentionally homeless and unaffordable rent payments. It’s on the nearly legal blog page. I’ll try and find it.

Thank you all for your kind words. This situation feels like being stuck in quicksand while someone watches on and tells you you need to get out before you drown and won’t throw you a rope. So please don’t underestimate how grateful I am for some compassion today x

I don't think the council can find you intentionally homeless after a s21 notice. The landlord would need to serve a s8 for non payment of rent and evict you through the court which they wouldn't be able to do on the face of it. You will have to wait to be evicted however before you'll be housed by the council.

I thought the same, but they’ve said they can. Although it’s deemed as non fault, as part of their investigation they’ve asked the landlord why they’ve served notice and they’ve said for persistent late payment 😔

They can find you intentional after a sec 21, ias OP says, it depends on why they've served the notice. They don't need a reason to serve one, but often there is a reason. This is a particularly crap reason though especially if there are no actual arrears.

I think your going to have to sit it out and wait for eviction. Take the time to build a case to present to the housing officer as to why rent was delayed on each occasion - most importantly in the proceeding months whilst the eviction takes place don't be late paying !

Hey OP, I just wanted to say what an amazing job you are clearly doing. Working, juggling the kids, presumably single handedly and relentlessly, whilst having the stress of this, it's a lot.

I can't offer advice other than to say, keep fighting. You're a responsible, good person, and things will get better in the future.

Hi - can you please help. I have two kid and one with special needs. I get middle rate dla for him. I have recently had a foot operation and on anti depressants. I stupidly bid on a house that is way too small - one of the rooms was a small double if that. It’s in the wrong location and everything. I wasn’t in the right mindset when I did this - I have been on medication for pain for my foot and it’s really affected my mental health. I refused it as thought I had two offers but they have now told me I’m intentionally homeless and I have 28 days to leave temp place. I have no where else to go. Help

You can't be intentionally homeless for refusing a final offer. Did you submit your reasons? How many bedrooms?

They can discharge duty for refusing a reasonable offer. Your idea of reasonable and there's will probably be very different. Your housing officer should have made it clear to you what the consequences of refusing were . Did you get a final offer letter? Have a conversation with your housing officer?

hi, I know this is quite old now but I am in a similar situation. I just wondered what had happened in the end
thanks

This is old so the original OP will probably be long gone but to the new poster do you also have children?

The council cannot find dependent children (especially under teenage, they may find older teen runaways etc... intentionally homeless but say an 8 year old who was evicted by landlord, nope) intentionally homeless. They also try to avoid separating families as it cost more to put a kid into care that it would to rehouse a family.

Oh, thank you for replying. I'm disabled and my child is 12, I was issued a section 21 as I could not afford the proposed rent increase, then the council said they could do a rent guarantee scheme with my landlord (of course they would want this as it is £300 more and guaranteed money from the council) but I have desperately been looking to move out as Ive turned down operations due to me being on the third floor and most importantly the house is in total disrepair, with damp and mould from constant water heater leaks which my landlord won't fix properly. This has been going on now for the last few years but they just don't do anything. So I said I didn't want to sign a contract until environmental health have assessed the property. Environmental health found high levels of damp and basically said it needs totally new floor in every room and so many other issues, eg heaters don't work properly, hot water doesn't work properly so we can't shower, windows need sealing etc My landlord then proceeded with the eviction and I am currently waiting for bailiffs but the council said I have intentionally made myself homeless as I didn't sign the rent guarantee. It's honestly so frustrating. She even said she wanted daily reports sent of what properties I've looked at which is so overwhelming especially if they aren't helping me anyway. She is just so threatening on the phone it's awful.