Can anyone help me?

[dcnuttall]

Hello, I'm not sure if I have posted in the right section but I need help. My husband has just been made redundant, I have a 20 week old baby and my 3 year old son has autism and is registered disabled.

 

My landlord has served us notice to be out of the house by the 29th Feb after having an argument with the council because he wanted us out by the 1st Jan when our 6 month shorthold tenancy argreement was up but they told him he had to serve notice on us first.

 

I have begged the council to help us but all they have told me to do is find another place to rent and go for a smaller house. Without my husband working, we can not afford the rent dispite the council offering to pay a deposit and with my son being autistic, we can only move into a 3 bed house.

 

I am currently waiting on letters from my son's doctor to say we can not be put into a hostel/temporary accomandation and have just recieved one from is special needs teacher. We have no where to go and no family to go to.

 

Apart from the council saying to go private renting again, all they have told me is to wait until the notice expires and then sit the situation out until the homeless team get involved. This doesn't help me in any way as I have to think of my sons' needs and my husband and myself are just so stressed with this situation.

 

No one is trying to help us.

 

Because I moved out of my parents house, who are disabled themselves and heavy smokers, the council took a load of points off of me and I therefore do not have enough poins to win a bid on the housing website. There are 6 houses on this issue, 2 of which are ideal for me, and I do not see why I can not be considered for one of those. I know there are others to need to be housed as well, but the council know we are going to be homeless in less than 2 months.

 

Can anyone help me at all please?

 

Donna

[Lula]

Hi Donna and Welcome, I got your email earlier and the "experts" will be along to help you.

 

Lula (you know who I am )

[Bookworm]

If you refuse to leave at the end of her tenancy, and landlord has to evict you, then the local council has a duty to rehouse you. If you leave at the end of notice, then you are making yourself "voluntarily homeless" and they don't have to do anything.

 

Your best bet is to sit tight, have a chat with your landlord and tell him: "sorry, if you want me out, you'll have to go to court" and wait for l/l to take you to court. As soon as the courts grant eviction notice (don't be scared, jst explain to the judge why you refused to leave), then you need to go to council with it and get them to rehouse you.

 

As for your son being autistic, unless you can show there is a medical cause for him to have a separate bedroom, there is no way the council will give the children a bedroom each with such a small age gap, but that's something you'll have to deal with when it comes to arguing things with the council.

 

Why is it that you feel his autism means he can't share a room with the baby, as a matter of interest? Is there anything specific?

[dcnuttall]

Like most babies, my daughter wakes early in the morning. Unless he wakes up on his own, my son can be very moody and sometimes lashes out in tiredness. Although he is good with her when we are in the room, if we step just outside he is trying to pick her up and jabs her in the head (which I know most children do). We have tried to explain that it is wrong to do this but he doesn't understand.

He is also quite jealous of her and that our attention is no longer completly focused on him and we are worried that he may do something unintentionally to her.

[MrShed]

Having worked with autistic children in the past, I totally understand the need for a separate room.

 

With regards moving out, Bookie is totally right. Dont move out on the 29th, sit tight until you are evicted with a court order. This will cost you, but unfortunately it is the only way to be shown as "unintentionally homeless". It also buys you a few weeks after the 29th

 

As a side issue, can I be slightly cheeky and ask which benefits, if any, you currently receive? I just suspect from your post that you may not be claiming everything you could be. I assume now also that your current household income is zero(I am guessing you do not work due to the children)?

[Joa]

This link may also be of use to you http://www.consumeractiongroup.co.uk/forum/tenants/94427-revised-homelessness-code-guidance.html#post869601

[dcnuttall]

No I do not work as I am my son's registered carer We currently recieve Maternity Allowance. DLA and Child Benefit. Working/Chld Tax credit are recalculating our award and I need to reapply for Housing Benefit and to see if they will now give us Council Tax benefit. My husband is also waiting to telephone to see if we can either get JSA or Income Support.

 

Hopefully, once the christmas period is over, there will be more jobs that he is qualified for available as he is not one to sit on his backside and let everyone else pay for us.

 

I know we do have to sit it out but I am frightened that my Landlord will become very aggressive like he did with the council worker when he told him he had to serve us notice first

[Bookworm]

Unfortunately, that's a risk you have to take. I suggest you let him know sooner rather than later if that is the case.

[MrShed]

Bear in mind that his position as a landlord does not give him any kind of "extra rights" to be aggressive. If he does, then note every event in writing, as it could be classed as harrassment or even unlawful eviction.

 

As a side note, definitely sounds to me as if you should qualify for at least JSA or Income support, and almost certainly council tax benefit. The entitledto website (entitledto) may help here.