Help please

[FLWLSW]

Hi, this is my first post here and forgive me im in quite a state. I arrived home today to find an eviction notice served under section 21. I have to vacate the rented property me and my kids, 12 and 4, have lived in for 3 years. The landlord wants the house back.

My eldest is settled at school, i go to college and the youngest is at nursery. I have my family nearby too. I dont know what to do, i cannot afford to move ( bond, moving costs ect). I have 8 weeks to get out but nowhere to go. Incidentally, i havent even had a valid tenency agreement for a year. I really dont want to end up in a bed and breakfast. Anyone know what i should do please? Thanks in advance.

[tiglet]

Get straight down to your local housing office tomorrow and show them the notice. they will tell you if it is valid or not and should assist you with finding new accomodation.

Unfortunately, if the landlord has served the notice correctly and yours is a short-term tenancy agreement (possibly rolling and that is why you haven't had a tenancy agreement) your landlord is within his rights to give you notice to vacate the property.

[FLWLSW]

Hiya
Thanks for your reply,il call at the housing office tomorrow. Im renting through a property agency and as far as im aware, i had yearly tenency agreements, there was not a mention of a rolling tenency and if there was they diddnt tell me. Surely i should have had to sign something or be made aware?

[MrShed]

The short(if unhelpful) answer is that he has the right to evict you unfortunately.

The longer answer is if you post the following details we can attempt to see if the notice is invalid.


- When was the notice served(ie date on the notice)
- When was the notice physically received
- When does the notice expire, and does it expire "on" or "after" said date
- On what date did you move in
- What was the length of the fixed term

That said, the important thing is to realise that you WILL have to leave the property sooner or later, invalidating the notice will only buy you time. Therefore, work under worst case scenario in looking for another property.

[FLWLSW]

Hi, i know at some point i will have to leave, my concern though is where we are going to go. The agency has my bond, i dont have the money for another one ( im a mature student) or the cash to move. Im not sure of the councils obligations ( if any) to help me find another house where my kids can still go to school and i can still get to college, be near family ect.
Sorry for sounding so but im still shocked and worried sick.

[Joa]

this may be of some help: being forced to move but can't afford it!

[tiglet]

Worrying at this point is not going to help - speak to teh housing people at the council about your predicament and see what they can suggest.

if you are going back into private accomodation, they amy be able to give assistance with your deposit or may be able to offer you housing association or council accomodation. this is not going to happen for 8 weeks, so please take a deep breath and try not to worry too much tonight.

[MrShed]

The council, I think (although Joa really is the expert on this one), do not have to rehome you until you have had a possession notice granted against you by the courts.

The answers to those questions would be useful to maybe buy some time.

[Joa]

Ta Da: Revised Homelessness code of guidance for local authorities, July 2006

[FLWLSW]

Thank you for all your replies, i have spoken to the council/housing associations ect and i qualify for help, so im relieved a little. However i`d like to ask something else. I rent my house through a property agency whose manager has been very economical with the truth on occasions. A large glass door fell off its hinges and landed on one of my kids and when i complained about this, the manageress accused me of `wrecking the house` and put me on a monthly tenency and presented me with paperwork to match. However the landlord visited and was very happy with the house and insisted the lettings agents give me a year tenency, which expired last April. I assumed as no-one told me any differently that i was still on a annual agreement. Yesterday i went to the agents for a copy of the agreement and they told me i had been on a monthly once since last year. My question is - did the agency have to inform me of a change in my tenency terms, as they certainly did before i was given the yearly one and would they had to have kept copies of the monthly agreements? I never had to sign anything nor was i aware of any changes.

ta in advance.

[FLWLSW]

Hi all

A little update. After all the nonsense as stated above, the lettings agency were absolutely awful to, the landlord diddnt want to speak to me, they both said they couldnt care less i had got two kids and needed more time to move out. I was heartbroken and worried. Still Karma came a calling!

I diddnt think anyone would give me a mortgage but i asked anyway and sure enough i got one! I found a home, had my offer accepted and move in next four weeks. It feels brilliant knowing i wont be at the mercy of landlords anymore. A bit more expensive but its worth it for the piece of mind.

Also as it happens the idiotic lettings agency served notice on the wrong tenant ie: me. Well if the agency and landlord had not been so damm nasty they would have realised this before i got the mortgage offer and they would still have had a brilliant tenant.
I shouldnt smile but i am!
Thanks to all for advice along the way.

Flick x

[Joa]

Originally Posted by FLWLSW

Hi all

A little update. After all the nonsense as stated above, the lettings agency were absolutely awful to, the landlord diddnt want to speak to me, they both said they couldnt care less i had got two kids and needed more time to move out. I was heartbroken and worried. Still Karma came a calling!

I diddnt think anyone would give me a mortgage but i asked anyway and sure enough i got one! I found a home, had my offer accepted and move in next four weeks. It feels brilliant knowing i wont be at the mercy of landlords anymore. A bit more expensive but its worth it for the piece of mind.

Also as it happens the idiotic lettings agency served notice on the wrong tenant ie: me. Well if the agency and landlord had not been so damm nasty they would have realised this before i got the mortgage offer and they would still have had a brilliant tenant.
I shouldnt smile but i am!
Thanks to all for advice along the way.

Flick x

Very happy for you! Now you are an owner-occupier! Brilliant! You are aware that finances are going to be tighter because there is no help with housing costs (well, some help mortgage interest if you are in receipt of Income Support for a while) but I am sure having your own roof over your head is worth a little sacrifice

[FLWLSW]

Thanks Joa

Finances are going to be a lot tighter but il work two jobs if i have to. I just could not face renting again. After a little thought and some huge self restraint whilst reading the landlords forums i came to a conclusion that the following was apparent in my case.

The LL rent houses out as a business, the people who rent them ( well most people) do so and that is their home. Business and pleasure hardly mix. I made my rented property my home and built a life around it. I was a model tenant, but on the landlords forum, i posted as i did here asking for advice and was called a problem tenant! What do these people expect? I wasnt renting an office space. Whilst i agree there are problem tenants and problem landlords, i certainly not was one of them and if i could be called one for wanting to keep a roof above my kids head, what can i say! Bring on the druggie , non rent paying tenants and then realise what a problem one really is.

Again thanks for advice and help.