Section 21 Landlord wants me to leave

[DaveatBristol]

Hi I am being asked to leave at the end of my tenancy next March. Landlord has given me section 21 notice to coincide with the expiry date of tenancy agreement.

My situation is that I am a single parent father with a disabled child and I will become homeless in March. I have been on the housing waiting list for nearly 4 years now with no offer of any type of accomodation. I dont owe a single penny in rent and the reason for the Landlord wanting his property back is that the house is in a run down state and needs a lot of work done to bring it up to modern standards.

I am greatly concerned that if I remain in the property after the tenancy has expired I will suffer CCJs and court costs of many hundred pounds to satisfy the local council's test of becoming homeless.

If I leave at the end of the tenancy I will according to the council be 'intentionally making myself homeless' therefore they will then have no duty to house me in temporary accomodation. This seems very unfair to me as Why should I have to blacken my name in the courts by forcing the landlord to go to the lengths of threatening bailliff action to prove that I am homeless.

What concerns me more is the effect this will have on my daughters health. So much for this Governments claims that they care about children in poverty and the rights of disabled children.

Can anyone give me advice on how I can avoid court costs and CCJs coming my way and the best way to simply provide a roof over my head after the March deadline.

Dave T

[blacksheep1979]

The first course of action by the landlord would be basically to get an order from the courts to evict you - this won't give you a ccj etc. As long as you keep paying rent or even if the landlord takes you to court for rent owed as long as you pay it within (can't remember exactly) 7 or 14 days you won't get a ccj either.

[Nightmare4banks]

Hi all!

Really sorry to read about your problem.

ANYWAY...

DaveatBristol,before I give you a reply please answer the following questions:

1.How long have you lived in the current property?

2.How do you pay your rent? Full housing benefit as a full time carer or otherwise?Please clarify.

The answers to the above questions should hopefully enable me to assist you further.

Above all DO NOT WORRY we will find a solution/options for you and you are not alone on this forum.

[DaveatBristol]

I have lived in my present property for 10 years

I receive full housing benefit direct to me and then I pay the rent to an agency.

The agency have told me that if I wish to rent another property on their books then I will have to pay the following:

Approx 3 to 4 months rent up front - over £2000 + the rental sign on fees £200 + the increase in deposit as like I have said the rent that I now pay is below the average rent for a similar property in the same area so there would be a shortfall in the deposit.

Other questions that I need answering are :

If I stay in the property after the rental agreement finishes in March I will be liable for court costs when the Landlord applies to the courts to remove me. I dont like the idea of having to blacken my name and what happens if I am unable to pay court costs of many hundreds of pounds.

Where do I stand if I leave the property as requested and present myself on the doorstep of my local council as homeless with a disabled child - do they really class me 'intentially making myself homeless' and leave me to rot on the streets. How can they expect me to incur court costs and abandon all duty to look after vulnerable children.

Finally will they then take my daughter into care and leave me to rot which seems the more likely scenario ?

Who pays for storage for my belongings if I have to go to Bed and Breakfast accomodation ?

What happens to my deposit of £500 that they hold if I remain in the property after the deadline - I can see that money being totally lost.

worth adding that I have paid my rent without fail for 10 years and the deposit was my money that I saved up many years ago. I am my daughters full time carer as she needs daily injections every day so living on the street wont help matters there increasing the odds of the authorities taking her into care.

[Nightmare4banks]

DaveatBristol,I have one more last question:

Could you please confirm if you have an Assured Shorthold Tenancy or an Assured Tenancy?

Please doublecheck your tenancy agreement and post the reply here.

[DaveatBristol]

Assured Shorthold Tenancy

Renewed every six months ( runs out March 25th 07 ) with the dreaded £30 fees which I have also paid for 10 years !

[Nightmare4banks]

DaveatBristol,in my personal view and the way forward with your problem:

1.You need to explore the possibilities of getting longer term accomodation i.e. through the council/housing associations etc because this sort of situation is unacceptable and very unsettling for you and your child.

2.You should go and see your local MP and highlight your plight.Hopefully your several years on the waiting list will become a few weeks and if not days.

3.This is because Local Authorities cannot stand pubilicity especially if you have a real genuine case.

4.Before the New Year - if possible try and find out if there is any chance of housing if the answer is no(Mainly based on the fact that the landlord has notified you well in advance regarding the eviction,together with the fact that you are a full time carer of your disabled child and your serious and justified concerns about your child) - go to your MP/make an appointment to see him/her at the earliest possible opprtunity in the New Year and explain your situation in detail.

Do not delay as time flies!

Let us know how you get on.I will help you all the way with guidance/options.

Anyway,I hope this helps.

[callumsgran]

Dave i'm in bristol if you need any help with anything i.e visiting or writing to the council or m.p please let me know?
Dont worry you are amongst friends here

[Nightmare4banks]

DaveatBristol,

You should visit the Shelter website to educate yourself more regarding your rights:


1.Regarding Homelessness:

Shelter: Homelessness


2.Regarding help from social services due to the fact that you have a disabled child which could also include helping you with the deposit on a new property with a private landlord:

Shelter: Support for other groups


If you have any questions,feel free to ask.

[cheddar]

You can contact your MP thru WriteToThem.com - Email or fax your Councillor, MP, MEP, MSP or Welsh, NI, London Assembly Member for free there is no way a Local Authority should let you get to the point of eviction to class you as homeless I thought all they needed was the Sect 21 as evidence, they can and almost alyways will leave it until the last minute but with a disabled child this should not happen.

I hope your MP is as good as mine as we were in a similar situation and got so close to an eviction notice and one call from our MP to the housing director made an empty property suddenly appear...funny that.

[3106catherine]

Dave,

I am on here as claiming back bak charges but thought I'd pop in to this forum as my dad is an expert in regluations and legalities surrounding tenancy agreements - he works in the business.

I have sent him details of your thread and asked for his advice on whether the letting agency is correct in its action with regards to the costs they expect from you to rent another property to you, and he will also be able to advise the process that the agency will follow, should you not leave the property in March.

Hopefully I should be able to post a reply for you tomorrow,

[DaveatBristol]

My local MP Steve Webb is well aware of the fact that local councils do not class you as homeless until the arrival of bailiffs is imminent. I have articles in my local paper here from 2 years ago and remember that he raised the matter in parliament back then as he obviously feels it is unfair. ( I have confirmed by visiting a few councils websites in the last few days that the situation above remains )

I have a straight choice of either

1. Staying in the property and forcing the landlord to go through the courts and solicitor costs which he will undoubtedly deduct from my £500 deposit being held. I then have to hope that I am not kicked in the guts in the process either by the landlord himself by way of CCJs or ramping up the costs as he wont give two monkeys about me. Another point to raise about staying is that I will have no tenancy agreement therefore the council will not pay any housing benefit, but with the landlord ramping up the costs of unpaid rent with me staying put in his property who knows what the final total costs could build up to after 6 months of holding out simply to please the damn councils rules and regulations.

2. I move out on the date my tenancy finishes. I stick by the principle that the council are wrong to regard me as 'intentionaly making myself homeless' by moving out. From reading Shelter's website I could well be stuck with nowhere to live and the social services aparently have a duty to protect the child but not the family so there would be a real risk of losing my daughter to the care system.

3. I try to find about £3000 to move to a similar property in my area allowing my daughter to continue her education at the same school. You ask why £3000. Simple. The Agency know that I claim Housing Benefit - they also know that I have not defaulted a single payment for 10 years but they say that any prospective landlord would only take me on if he was guaranteed the rent as they normally would not accept someone on benefits.

I dont blame the landlord for simply wanting his property back nor the Agency who are simply acting as middle men. I am fearful of the brick wall ( local housing office ) I now face and the stress that it will bring on me and my daughter. As I am my daughter full time carer receiving disability premiums - I have now also discovered that these benefits will be void if I am homeless. I saw my local MP about a year ago when the landlord was considering seling the property so most of the above facts are clear inm my mind - fortunately the landlord backed out of selling.

The only difference from last time is that my daughter is now disabled so I am hoping that the authorities decide to think again before treating me as useless fodder that they can disregard as I am seriously considering option 2. as I dont see why I should become financially slaughtered due to the council not providing sufficient housing stock. Hopefully my local MP when I see him can exert some sort of pressure although he has already raised the unfairness of it in the house of commons so it is the legislation that needs changing hence a brick wall situation.

[gizmo111]

Hi Dave
Are you on the council list?
My understanding id when you have been served NTQ you can then present yourself as homelesss to council - it will not go as far as baliffs although I understand court proceedings have to be initiatied.
Make an appointment wiht SHelter - they are very good and have helped me in the past.
Are you bristol city council or surrounding authorities?
Which area would you like to live?
Nightmare for bnks is one of our resident experts on renting so keep him updatee and he wil help as much as poss.
There is no way your daughter will be takne into care because of this - Pm me if you want further clarification - it is my job.
And it is ixmas - enjoy it with your daughter - don't worry things will work out.

[DaveatBristol]

I am on the council waiting list ( South Gloucestershire ) and have been for 4 years now as a single parent. Privately they have told me that whilst I am in rented property I will never be housed as I was no 70 on the list for my locality 4 years ago and am still no 70 now on the list.

What really annoys me is that it is so plainly obvious that the council rules and regulations are designed so that it prevents tenants from simply not paying their rent and waiting for a section 21 to be rehoused.

So people like me that pay my rent on time and have no arrears get caught up in the system. When my tenancy runs out I will present myself as having nowhere to live with a disabled child and they can do what they like with me as I am NOT going to suffer the disgrace and financial slaughtering that courts will dish out as I may not have arrears now, but will soon build up a huge debt if I stay put after the tenancy ends.

The council obviously wont pay these debts but they damn well should if they cannot rehouse me as I am unable to work as I am receiving carers allowance for looking after my disabled child and they should have a duty to protect me and the child.

A homeless application cannot be made until less than 28 days is left on my tenancy so at the moment they dont even want to see me.

[gizmo111]

dave have PM'd you

[3106catherine]

Dave,

As promised I have forwarded the details of this thread to my dad who knows all the regulations and legalities surrounding landlord and tenant agreements and regulations surrounding these, as this is actually his job. From my brief conversation with him this morning he has some advice which he will be posting this afternoon for you.