Evicted after 10 years but can't affod to move!

[wybmadiity]

OK, this may be a bit long-winded so please bear with me!

Live in a farm cottage, notice to leave by mid April as they are retiring and selling the business.

I live in a fairly remote area, rural dictrict council. I have 3 children, and both my eldest son and I receive disability benefits and I also receive a care package from the district council. They have accepted us as being high-priority for rehousing and assessed us as requiring a 4 bedroom home, although I will not be classed as homeless until within 28 days of eviction date.

My problem is this - the council have already told me the stock of 4 bedroom homes they have can be counted on 1 hand, so the likelihood of one of those coming up is remote to say the least, which leaves me with private rented.

I have no issue with this, but 4 bedroom private/agency lets are also very thin on the ground. Some of these are completely unsuitable due to mobility issues (climbing gear needed to get up stairs!), dangerous gardens etc. The rest are incredibly expensive.

Now I understand they have a legal duty to house me, so what is the situation if they can't? If they don't have a house available, is there any legislation that says they are obliged to pay the housing benefit for private rented accommodation even if it is above the maximum rate they would normally pay for that size/location of property? Rents hav gone up approximately 20% here in the last year, but housing benefit has obviously not followed suit.

I need to stay in the area due to son being special needs and needing to be close to his school, and also my care package. He only moved there in Septemebr and has settled in well so would be detrimental to move him again. And I'm not always well enough to drive.

Also, how has anyone got around the 'Employed Only' problem with agents?! I'm fed up with being insulted by people who are not even prepared to listen to me. I'm a decent, respectable person who happens to be in a difficult situation. But my rent is paid and so are my bills, and I take care of the property I live in. Because I happen to be a disabled single parent on benefits does not mean I sit smoking crack and drinking special brew whilst watching daytime TV

Any help anyone can give would be much appreciated. Stress the worst thing for my condition and it's really starting to get to me now.

Thanks

[Joa]

Hi there; sorry to hear you are in such a tight spot.
This post may be of help: being forced to move but can't afford it!
With regards to this statement: "although I will not be classed as homeless until within 28 days of eviction date." please see this link: Revised Homelessness code of guidance for local authorities, July 2006

You ask what is the situation if LA can't find you home on time; well it is a real possibility and you may end up in a temporary accommodation. The homelessness link above can also clarify issues for you on temp accomm.
Alternatively, you can stay put where you are, past the expiry date of the possession notice. The landlord has no right to evict you without a court order, so when you are still in your home despite the notice, he will have to apply to court for an eviction order. This will definitely sour the relationship with the landlord and you will incur his court costs but it will gain you up to few months of time.
This is going to be a bumpy road for a while. I wish you all the strength and support you can get.

[trayday]

if you do have to go into temp accommadation it still has to be suitable for your needs if you have a disability.

have your landlords sold the property already? if not perhaps you will not have to move out when the notice expires. have you got a good relationship with your landlord? could you negiociate to stay until the farm is sold rather than them having to go to court for a possession order.

[wybmadiity]

Thanks Joa, much appreciated. Had already read both those posts. Have been taken on by a local Housing Aid project but they have no answers for me either. They can contribute £350 towards a bond and carry out inventories etc but no other help forthcoming.

The problem with temporary accommodation is with both mine and son's health. He's autistic and would be hell for him, and part of my problem involves continence issues along with mobility, so really tough particularly if we're somewhere with shared facilities And the chances of them coming up with accommodation are so remote I can't see it happening for years.

Got an appointment to see Housing Benefit manager in the morning. Going to ask about discretionary housing payments to make up shortfall but not holding my breath. But even if I manage to get that then need to find property big enough with someone who wants to take on the supposed scum that is a disabled single parent...

[wybmadiity]

Have a good relationship with them Trayday, as you can imagine else wouldn't have been here 10 years lol. Unfortunately date is already confirmed. Really loathe to go down route of possession etc because they've always been fantastic and it would seem a slap in the face.

And not sure how delaying would really help any more. As explained, likelihood of council coming up with something (by their own admission) is virtually nil. And private rented so few and far between if I find something I really need to take it, but then the joint problem of money and being stereotyped! Struggling healthwise already due to stress, and I think if it got that far down the road I would really be seriously ill.

Gotta hope someone takes pity I guess

[trayday]

you need an advocate or case worker to take this up for you. have you got an independant housing advice agency near you? how about the national autistic society they have advocates. ireally think you need legal advice from a housing solicitor. i would also contact your local MP make them earn their wages. i know that any temp accommodation must meet your family needs and if part of that is your sons autisim and your continence then i dont think it could been seen as suitable for you to share facilities.

[trayday]

the local authority have a LEGAL obligation to you. you do not have to go into private rented accomodation, if you do this excuses them of their LEGAL duty to house you and your family. please seek legal advice as soon as possible.

[wybmadiity]

Looks like I should be talking to a solicitor then, CAB were completely useless, I knew more than them.

Would anyone know of any legal aid solicitors within Derbyshire area who are hot on this subject?

Thanks once again