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Original poster

Landlord evicting us

122 replies

Mummyof2asd · 03/12/2025 17:02

Hi I have renting in a property for 5 years the land lord has told us we have to be out by February as he is selling. I’m a carer for my two autistic children, my husband and Is self employed but doesn’t earn a great wage, we are on universal credits. My son after a year out of school and severe anxiety got into a Sen school a few months ago and he is like a different childhood been doing so well, I’m so scared he will have to leave his school. This property was with a private landlord a friend of a friend . so the rent was really cheap. We can’t afford to rent on one wage, plus estate agents will not accept just my husband‘s wage as income. Would I be entitled to help from the council? I just don’t no what to do so worried. My other son was due to start the same Sen school in September feel so gutted it was such a fight to get them in.Their both autistic and on DLA high rate care . Any advise would be great. I suffer from anxiety and this is making me really really anxious and worried. Obviously renting you have to expect this but just been such a hard couple of years with my child’s diagnosis and constant fights for school. My child have a lot of needs they do not sleep so I don’t sleep I can’t even think straight atm, they are very pound, meltdowns , throw things been lucky with neighbours that they understand this as we aren’t the quietest
a neighbours so imagining being in a flat with my two ASD children terrifies me as of how pound they can be when stimming ect or melt downs . Feel so drained and clueless what to do, feel I have let my child down so much but not providing them a home if their own . Sorry if this don’t make sense or for spelling and grammar. Writing this through tears I’m just so fearful .

OP posts:
saraclara · 03/12/2025 19:45

Bottom line: a notice given by text, and/or a section 21 notice that does not meet legal requirements, are not valid.

Exactly. Without a section21 notice, the countdown hasn't started. And yes, this 'friends of a friend' arrangement means that you need to check all those points made in @Enrichetta 's post. If this was a casual arrangement, he might well not have complied with the law, so any notice of eviction will not be valid.

Did you pay a deposit?

saraclara · 03/12/2025 19:47

Most of all, make that call to Shelter as soon as they open tomorrow, and have a notebook and pen handy.

Also make an appointment at your local Citizens Advice Bureau.

gruffaloaddict · 03/12/2025 19:50

A friend went into emergency accommodation as she was in the same situation as you, ND child. She hassled the council instantly, explaining that DC couldn’t cope due to their ND, the stress and unknown was badly affecting them, causing absences at school etc … within a week the council offered them a suitable long-term rental. I’m not going to lie, they played on it a bit, their child was struggling but not as much as they made out which I don’t agree with. But, it did prove that in some exceptional circumstances they can act quickly.

Shadesofscarlett · 03/12/2025 19:58

the council will not house you because you have not been evicted. you need to do your research on your rights before all this panicking.

Shedeboodinia · 03/12/2025 20:02

The new laws should mean that landlords have to consider people on benefits too and also people with children. This might open up some property options for you.
Can you afford to rent anywhere within a few miles with the income you have or would you have to be looking much much further away?

saraclara · 03/12/2025 20:07

Shedeboodinia · 03/12/2025 20:02

The new laws should mean that landlords have to consider people on benefits too and also people with children. This might open up some property options for you.
Can you afford to rent anywhere within a few miles with the income you have or would you have to be looking much much further away?

The new laws haven't been passed yet though. The planned date has been pushed back to May next year.

Shedeboodinia · 03/12/2025 20:08

Mummyof2asd · 03/12/2025 19:13

Will I be able to get somewhere being on benefits as every estate agency I spoke to literally in polite words told us they will always choose the person over us who is not on benefits . We do have a tenancy agreement but he has informed us via text message. Text my husband said really sorry but we need to sell up. We are only in one wage as I’m a carer and the children do get DLA it I don’t think that is count as income if needs be I would spend it on rent but I don’t think it works like that .

I am a landlord and my tenants didn't earn enough to rent my property. The agent asked me if I would accept their DLA as income as it took them up to the amount they needed. And I said yes I would accept this.
They have three kids on DLA and their DLA was quite high, nearly 8k a year which added to their income was enough to rent the property and pass the income thresholds.
Its up to the landlord.
The agent said they were a really nice family and had met them.
I have two SEN kids myself and know how it works and the challenges they face so I said yes of course I will accept their DLA as income.
Keep trying and speak to agents and landlords. There is no rule to say DLA can not be accepted as income and it is up to the landlord to decide.

Justcallmedaffodil · 03/12/2025 20:27

KievLoverTwo · 03/12/2025 18:27

I understand and feel for you that you like him, but consider this:

Do you think house prices in this country would be so high and homes so horrifically expensive to rent if there weren't hundreds of thousands of LLs with lots of excess cash buying up all the properties to rent and pushing up house prices? For many, the value of their homes will have doubled or tripled by the time they retire, and they will have a very comfortable and well off retirement, thank you very much.

So, you can feel sorry for him as much as you like, but they ARE part of the problem. Perhaps think about that if you are getting pangs of guilt?

I am not a LL hater btw. It's a disgrace that so many people can only afford to not be on their arses broke in retirement if they have not slung a ton into a private pension or built up a small property empire or both.

Show quote history

And if you think the recent measures will change anything, you’re deluded. Private equity firms, banks, etc are already buying up the housing stock being sold off by smaller, private landlords. Rents are only going to go up, with the power in the hands of large corporations who don’t give a monkeys about individual tenants.

MoominMai · 03/12/2025 20:29

KievLoverTwo · 03/12/2025 18:27

I understand and feel for you that you like him, but consider this:

Do you think house prices in this country would be so high and homes so horrifically expensive to rent if there weren't hundreds of thousands of LLs with lots of excess cash buying up all the properties to rent and pushing up house prices? For many, the value of their homes will have doubled or tripled by the time they retire, and they will have a very comfortable and well off retirement, thank you very much.

So, you can feel sorry for him as much as you like, but they ARE part of the problem. Perhaps think about that if you are getting pangs of guilt?

I am not a LL hater btw. It's a disgrace that so many people can only afford to not be on their arses broke in retirement if they have not slung a ton into a private pension or built up a small property empire or both.

Show quote history

The OPs landlord isn’t part of the problem though as he’s been charging her well below market rates for several years which is why she’s so conflicted about dragging it out to eviction when he’s been very good to her. I understand why that would put OP in a difficult position.

paddleboardingmum · 03/12/2025 20:33

Rents can only go up so far until they become unaffordable though.

OP you may have to be straight with your LL and say you're looking elsewhere but you understand you may be advised that the council won't rehome you until evicted (if that's what the advice proves to be.) You can apologise to the LL and still pay rent in the meantime but you have to put your kids first.

Get advice and make a plan, just stressing isn't worth it.

TheNightingalesStarling · 03/12/2025 20:35

Whether landlords accept benefits, children, pets etc is a matter of technicalities. If more than one person applies, they are allowed to chose.

Would you be entitled to any housing help on Universal Credit?

saraclara · 03/12/2025 20:36

MoominMai · 03/12/2025 20:29

The OPs landlord isn’t part of the problem though as he’s been charging her well below market rates for several years which is why she’s so conflicted about dragging it out to eviction when he’s been very good to her. I understand why that would put OP in a difficult position.

Show quote history

Yep. The rent on the property that my parent owned had never been put up on the 14 years that the tenant had been there. The going rate now is twice what the tenants were paying. Which of course made it even harder for them to find something else affordable. But at the same time, they'd been very fortunate over the last few years and must have realised that it couldn't last forever.

As I said earlier, I became an accidental landlord as the executor of my parent's will, and was faced with having to sell the property to pay their creditor. I hated having to give the tenants notice, but I don't think I have anything to feel guilty about.

Original poster
Mummyof2asd · 03/12/2025 20:37

@saraclara we were never asked to pay a deposit , I know the gas check has not been done this year also . We got the rent very cheap £700 so we never hassled the landlord about things like that as we knew the average rent was £1800 and we knew we couldn’t afford anything else

OP posts:
BruFord · 03/12/2025 20:37

saraclara · 03/12/2025 19:45

Bottom line: a notice given by text, and/or a section 21 notice that does not meet legal requirements, are not valid.

Exactly. Without a section21 notice, the countdown hasn't started. And yes, this 'friends of a friend' arrangement means that you need to check all those points made in @Enrichetta 's post. If this was a casual arrangement, he might well not have complied with the law, so any notice of eviction will not be valid.

Did you pay a deposit?

If this was a casual arrangement, he might well not have complied with the law, so any notice of eviction will not be valid.

@saraclara Good advice although presumably there’s some way that he can get them to leave eventually? It’ll just take longer.

@Mummyof2asd Do you have a written lease? No deposit is unusual.

Original poster
Mummyof2asd · 03/12/2025 20:45

No deposit we just moved straight in after the other person there had moved out we have a tenancy agreement the only reason we got that was because we asked the landlord to do it as we needed to apply for universal credits . It’s not through an estate agency so it’s a small landlord . It’s is unusual we didn’t pay a deposit and that the rent was so cheap but I saw it as a good thing and never questioned it at the time

OP posts:
DorotheaDiamond · 03/12/2025 20:47

Ok speaking as a (thankfully ex) landlord…

you cannot be evicted until

  1. you’ve been issued with a valid section 21 notice in writing. This gives you your 2 months notuce
  2. don’t leave on that day. At which point the landlord applies to court for a possession order…this could easily take 3 months and then you get another date to leave.
  3. don’t leave then either…the landlord has to go back to court for a notice of possession (could take more months). Once the landlord has it he gets a date from the bailiffs that they will come - 2 weeks before that The bailiffs stick the notice to your front door - then they come on that date to remove you. This is the date you need to leave - but you have to wait until then for the council to actually consider you legally evicted and have to house you.

fwiw I served notice mid August and got my property back mid March but I was really chasing it…

there’s a caveat that he can’t issue a valid section 21 until you have received ALL the correct paperwork - tenancy agreement, gas checks, EPC, right to rent docs etc. if you don’t have them already the landlord can send them to you then start the section 21 process after that - but not until.

do keep paying the rent until the bailiffs come though - I get that you don’t want to behave badly but unfortunately this is just the way the system works. At least if you continue paying rent (and no he can’t up the rent on you during this process) he won’t be any worse off than he absolutely has to be.

there’s system stinks but it’s just one of the perils of being a landlord…

TeenagersAngst · 03/12/2025 20:48

saraclara · 03/12/2025 20:07

The new laws haven't been passed yet though. The planned date has been pushed back to May next year.

Edited
Show quote history

It hasn’t been pushed back. The Act was passed into law a few weeks ago and it will take effect from May next year.

saraclara · 03/12/2025 20:49

Mummyof2asd · 03/12/2025 20:45

No deposit we just moved straight in after the other person there had moved out we have a tenancy agreement the only reason we got that was because we asked the landlord to do it as we needed to apply for universal credits . It’s not through an estate agency so it’s a small landlord . It’s is unusual we didn’t pay a deposit and that the rent was so cheap but I saw it as a good thing and never questioned it at the time

It seems highly unlikely that any section 21 that he issues will be legal.

Again, Shelter and the CAB are your friends, and any early legal advice will be free of charge. See the link below for the free legal advice

england.shelter.org.uk/housing_advice/eviction/legal_aid_and_free_legal_advice/early_advice

Shadesofscarlett · 03/12/2025 20:50

you haven't been evicted op plus no gas safety certificate - landlord can be in big trouble for that alone. also house for sale - nothing is selling right now anyway.

Original poster
Mummyof2asd · 03/12/2025 20:51

What happens if he can’t issue us a section 21 ? obviously he will have to kick us out one way or another as it’s his property, sorry just don’t know how it’s works

OP posts:
Joeninety · 03/12/2025 20:52

Sounds like yet another Liebour bonus.

saraclara · 03/12/2025 20:54

TeenagersAngst · 03/12/2025 20:48

It hasn’t been pushed back. The Act was passed into law a few weeks ago and it will take effect from May next year.

Show quote history

My mistake. I worded my post incorrectly. Yes, I meant it won't take effect until May.

saraclara · 03/12/2025 20:55

Joeninety · 03/12/2025 20:52

Sounds like yet another Liebour bonus.

The new act was proposed and being worked on by the Tories when Labour took over.

cestlavielife · 03/12/2025 20:56

Speak to ss children with disabilities team fior support