Eviction from Private Landlord

[scaredgoodpeople]

I hope I'm posting this in the right section-I couldnt see one for evictions?
Basically, we are really struggling to make ends meet, my partner works over 70 hours a week to support me and our 1 year old and while we have not been well off we have managed to pay bills and rent up until two months ago, when after a series of bank charges and unexpected bills we found ourselves behind on our rent (and council tax but thats a seperate BIG headache) but because we're scared and silly we didnt realise it was 2 months behind until our landlord called round this monday to tell us and ask my partner to call her as its in his name, (we've tried asking for help from DWP but have been told twice now that the only help we can recieve is me claiming Jobseekers Allowance but i feel my daughter is too young for me to leave her yet although I am happy to work on a weekend when her grandparents can look after her that would not really help our financial situation much. The problem is my partner earns more than the income support level is set at but our outgoings exceed the incomings by ALOT and we are really scrimping by as it is. We cannot get a loan to consolidate probably because our credit history is shot to pieces) so we've been trying to get the 2 months rent together then today we get a Notice Requiring Possesion giving us until September. I cannot see a way out but i'm trying and unfortunately my partner is getting very stressed and worried and seems to be sticking his head deeper into the sand by not calling the landlord-I told him just to call and be totally honest because thats what we are, but look where it seems to get you.
I wish he had told me things were this bad sooner but then again I can see why he didnt. Can anyone help-I've tried calling the citizens advice but can never ever get through.
x

[Bona]

What sort of notice was it was it terminating your tenancy giving you two months notice or was it from the court asking for possession for arreas
let us know and we will see if we can help

[scaredgoodpeople]

Well our landlrd is a solicitor and its from her office, it says
"We enclose by way of service a Notice Requiring Possession under section 21 of the Housing Act 1988. You will se under the Notice you are required to give our client possession of the property after 25th September 2008. We advise that if you do not comply with the enclosed Notice, our client will apply to the court for a Possession Order, she will do so without further notice to you. We advise that if our client is forced to issue proceedings against you to obatin a possession order, then our client will also be applying to the Court for her to be awarded costs against you."
Thanks for offering to help, i'm in such a state....
x

[Bona]

OK thats a notice under the land lord and tennants act I suggest that you write to the Land lord and ask them to reconsider tell them that you have had problems and would they consider you paying the areas over 12 months or something you can afford I think it is imperative that you pay something as soon as you can to show willing I appreciate that you dont want to leave your daughter but needs must and I think perhaps you could look around for some evening or weekend work. If you cant make arrangements with your land lord the |land lord canr just evict you they would have to go to court and get a possession order and then you would have the chance to tell the court that you have tried to make but you must pay the rent as soon as possible even if its not all of it

[KJD]

Can't help on the eviction notice etc, but have you had a look here?

Start Calculation

Just to check you're receiving all the help that's out there.

Good luck

[scaredgoodpeople]

Thanks for the link! Works out we may be eligible for £146.00 housing benefit a month so would help but not much, its obvious I need to go back to work full time. Its just such a shame, Somebody told me about a website to get onto a Social Hpousing register but that will take 4 weeks just to get a confirmation letter but I've done it so we'll sit and wait.... in the meantime still cant get through to CAB but have spoken to Solicitors handling our Notice, explained we're really struggling lately but hoping to pay arrears soon and not let anyone down, he said to keep him informed.
x

[Bona]

If you are entitled to housing benifit can it be backdated a lumpsum could pay off some of your arreas I should get on to that and try to pay some rent is your partner paid weekly or monthly

[scaredgoodpeople]

Oh that would be great... I will get on to it as soon as possible,

He is paid monthly. x

[KJD]

Originally Posted by scaredgoodpeople

Thanks for the link! Works out we may be eligible for £146.00 housing benefit a month

Glad it helped

[Bona]

So try to stop the rot pay this months go and see about claiming housing benifit and if you are eligble ask if it can be backdated the tell the landlord what is going on

[rippedoffagain]

Can you tell us how much in bank charges? This can be reclaimed, and the bank should pay it back without much argument in hardship cases.

[scaredgoodpeople]

I know, I have heard about it and seen it on the other forum but it looks so complicated to do, he's always had LOTS of fees on his account over the last 7 years Ive known him, the latest ones were an unauthorised overdraft fee of £15 then £20 a day for 10 days, then a couple of returned debits that were £20 each! THAT is quite a hefty sum in one month. We are silly but it seems the punishments are harsh

x

[rippedoffagain]

It only requires a few letters.

[scaredgoodpeople]

Really? I thought you had to go about requesting statements and highlighting all the charges, sorry for being so ignorant, I've had a lot on my mind recently......

[rippedoffagain]

It doesn't need to be complicated, you may or may not wish to reclaim interest on the charges, up to you.

To simply reclaim the charges, ask your bank for a copy of all statements for the last six years (if you don't have them) many banks will simply send them without the need to use a Subject Access Request.

List all the charges, unauthorised overdraft, returned item, etc. When you have the final figure, write and ask for a refund (preliminary letter in the library),