family becoming homeless

[Flower13]

I know a family who is about to become homeless. They are a couple with 3 kids theyr landlord is asking for posession of the house he first gave them 2 months notice now that time ended and he applyed in court they just received a letter from the court lately

any advice so i try whatsoever to help them??!

Regards

[CAAD]

They need to see theyre local council,see if they can help in anyway..maybe provide emergency housing etc

[stu007]

Hi Flower13

 

Please be patient as its the weekend it may be quiet but you will get advice.

 

Could we please have some more information to assist you.

 

1. What type of AST/Tenancy Agreement did they have?

2. Did they pay a Deposit?

3. Were all Rent Payments up to date?

4. If in Arrears of Rent by how much Arrears?

5. Were they served with notice of the hearing?

6. What does the Court Letter State? (Minus any personal details)

[Flower13]

Hi there

 

thx for getting back so quick

yeah they had 12 months agreement wich ended last october

no they did not pay deposit

yes all rent up to date

they first had a 2 moths notice i think was something based or called section 21 because that has finished and the advicers told them not to leave theyr landlord applyed in court.

In the letter just says that the landlord is asking possesion of ......add and to reply back confirming they are the tenants and that the court will decide when they will be leaving.

I hope i explained proply

[Desperate Daniella]

Hi Flower13,

 

If the tenancy (assuming it was an AST) came to its end the landlord can reasonably expect any tenants to leave at the end of the term. Are they not moving because they cannot afford to put down a deposit on a new rental? I am wondering if they might qualify for an emergency loan if that is the case.

 

DD

[raydetinu]

You could ask them to speak to shelter who may be able to help, to contact local housing associations or council.

Have they spoke to the LL as to why he wants the house back or them out?

is the s21 notice valid with correct dates etc.

notice must be two months received two months prior to the contract monthly date.

at the moment a S21 notice is a no reason claim for repossession, however there is a case that they do have to give a valid reason and Article 8 of the human rights act may support this and is being considered in the appeal court at the moment. judge may defer eviction! discuss with with shelter?

[Flower13]

They are in receive of benefits thats for DD

and yes they did go to the council as shelter told them so when they received the eviction letter based s21 and the 2 months have passed they thought thats it he wasnt taking them out until a leter came from the court to confirm they r the tenants,,,,-th LL told them he wants to move in himself

[fletch70]

I know someone who specialised in this however i am not sure if she is active on this site. I will email her a link

[Flower13]

Thank u in advance will let u know if they get any other leters!!

[Flower13]

just to update abot 3 days age letter received by the court asking to give possesion of the house to the ll by xx.xx.xxxx date and a sum of £2xx.xx to pay to claimant (LL)

[Desperate Daniella]

They must go to the Council Housing Office first thing on Monday and be prepared to sit there all day if necessary. A friend of mine in a similar situation did that and in the late afternoon they found her a flat. Not guaranteed, of course, but worth a try.

 

As they have been paying rent, I assume they can still pay rent, so it is the deposit that is the problem. Is that right?

 

DD

[fletch70]

They also must not move out until actually forced,i e bailiffs turn up unless they get somewhere. I know someone who was evicted and literally had to wait until that day to get emergency accommodation in a travel lodge.

[Desperate Daniella]

I would take the children to the Housing Office if they go, but if they are expecting the bailiffs (which may happen at any time after the deadline) hopefully the children and their possessions can go to a friend. No child deserves to go through a bailiff removal.

[Flower13]

Thx for the advice told them they will go on Monday

As if it comes for the bailiffs they told me they will try to keep the kids in school or a friend is not fair to them is enough they have to deal with the movement cos they were born in that house

[Desperate Daniella]

Hopefully the housing office will find them something. With three children they are clearly a vulnerable family.

 

Let us know what happens.

 

DD

[Flower13]

Yeah hi to everyone just updating they went with the letter to the council they took a copy of that. Now they send an appointment letter which will be dec 2012

[Desperate Daniella]

I think you mean 2013?

 

They can't be without a home until then. Where do they live? There are various charities in different areas who may help.

[Flower13]

NO NO I mean 2012

They were shocked as you as they were reading that letter now phone calls have to start Monday which they probably will say "is a genuine mistake" which ppl should accept but when that mistake is done by ppl they will take it in consideration and put a big full stop.,

[Desperate Daniella]

How incompetent is that?

 

Good luck to them on Monday. The Council really needs to get its act together here with young children involved.

[Flower13]

Hello everybody

Here is the latest news after bailiffs family moved by the council in a Lanlord flat said it will be temporary but a new measure they try not to send family's with kids in b&b.

The flat was not bad but as there are single glass windows all the cold outside can be felt inside. But they r happy not to put the kids in more stress .

[stu007]

Hi Flower13

 

Firstly how are you doing during all this and the kids

 

Thank you for the update and hopefully that temp accom wont be for to long.

[Desperate Daniella]

I am so very pleased to hear they didn't have to go into a b&b. I do hope they get a permanent place soon.

[Flower13]

Hello there have been in temp acc for 6 months now Lanlord selling the flat have to rush back to the council.,.

Just wandering can someone help me explaining can and what can the councillor help ?? Is unfair being moved every six months with three children

Regards

[Desperate Daniella]

Hi Flower,

 

I'm so sorry to hear this.

 

Unfortunately no-one can ever guarantee a landlord won't decide to sell his property.

 

Firstly go the Council and see what they can offer. Then if they are unhelpful contact the Councillor and ask him to put some pressure on the housing office.

 

Does your Council allow tenants to find their own accommodation? I know they all vary. If so, it's worth trying to do this and then checking with the Council that it would be acceptable.

 

Regards,

 

DD

[raydetinu]

even if LL is selling you do not have to leave immediately, you are protected.

What sort of notice has he given you, a S21 with the correct dates? and information.

he must give you at least two clear months notice, ending on a rent period date.

Even then that is just a notice for repossession ( not eviction ), he would have to go to court for that.

Did you pay any deposit and is it protected?