can they move a women and a child out

[PETE1980]

hi, this is a post for my cusson she has no internet.

she is or was living with a man that was not very nice. she has a yong child.

 

she lives in a housing association house. she is not on the rent agreement as from what she said his ex left him in rent arrears and association say they will not put her (my cusson) on the agreement until rent arrears are paid up.

 

now she is crying and so worried about being homeless as he has walked out and its been 2 weeks now. she has nothing on paper like a rent agreement with her name on she did say she has used her card a few times to pay some of the rent to the housing association.

 

what should she do as she wants to and needs to tell them he has walked out as she doesnt work as has a young child.

 

will they evict her as she is not down on the rent agreement, can they evict her, the rent arrears she says are around 1100 from him and his old ex partner, nothing to do with her (my cusson) she is in a right mess i have told her she would come here if they kicked her out but she has settled there and so has her child.

 

a very strange situation to be in can you help so i can print all this off and give to her to read.

 

i cant see how she has a leg to stand on as she isnt on the agreement and not working so would she have to apply for rent help from council or who ever pays rent. and do they have to rehome her or let her be or just evict her out as simple as that?

[Consumer dude]

hi, this is a post for my cusson she has no internet.

she is or was living with a man that was not very nice. she has a yong child.

 

she lives in a housing association house. she is not on the rent agreement as from what she said his ex left him in rent arrears and association say they will not put her (my cusson) on the agreement until rent arrears are paid up.

 

now she is crying and so worried about being homeless as he has walked out and its been 2 weeks now. she has nothing on paper like a rent agreement with her name on she did say she has used her card a few times to pay some of the rent to the housing association.

 

what should she do as she wants to and needs to tell them he has walked out as she doesnt work as has a young child.

 

will they evict her as she is not down on the rent agreement, can they evict her, the rent arrears she says are around 1100 from him and his old ex partner, nothing to do with her (my cusson) she is in a right mess i have told her she would come here if they kicked her out but she has settled there and so has her child.

 

a very strange situation to be in can you help so i can print all this off and give to her to read.

 

i cant see how she has a leg to stand on as she isnt on the agreement and not working so would she have to apply for rent help from council or who ever pays rent. and do they have to rehome her or let her be or just evict her out as simple as that?

 

Tell her not to worry. I'm sure she does'nt have to go any where without a court order and as she has a child she can't be homeless. Sit tight and I'm sure others will be here soon to advise..

[Bookworm]

I'm thinking the HA would rather see the back rent than write them off... So my suggestion would be that she puts it IN WRITING that she is living at x address where Mr X is the named tenant and that she has been living there since x date with her child.

 

She should inform them that Mr X seems to have abandoned the property, but that she is still there and wishes to take over the tenancy. In exchange, she offers to pay the rent arrears accrued by her ex-partner at the rate of x per week/month. She should point out the obvious, which is that if they don't accept her offer, they will then lose all the back rent as she has no legal obligation to pay those arrears, which were accrued by her ex-partner.

 

If they refuse, then she should sit tight (and rent free) until they evict her, and they MUST go to court to get an eviction order, she can then go to her local council with the eviction order and they will have a legal obligation to rehouse her and her child, however be aware that it may be she'll be in a B&b to start with, depending on the area in which she lives.

 

She should also apply to Housing Benefit and COuncil Tax Benefit straight away, regardless of what the decision from the HA is so she doesn't end up with huge sums in arrears she would have no ways of paying.

 

The HA are under no obligation to keep her there, which is why the sweetener of her paying the ex's rent arrears is a good bargaining chip.

 

Good luck, let us know how things progress, please, and wish your cousin good luck too, and tell her she's probably well shot of the guy, he sounds like a complete tosser. ;-)

[Aviva]

Tell her to go to see the local Council now. It is unlikely that she will be considered homeless at the moment but they should give her advice about her situation and what she needs to do if she wishes to stay in her present home.

 

She does also need to go to the HA and try to get them on side. It may be possible for her ex to assign the tenancy over to her if he does not want it anymore.

 

Unless they grant you a new tenancy they can't charge you rent. They can charge you for trespass and damages which would be the same amount as the rent. If they charge you rent this would look badly on them in Court. You should be able to get HB for trespass and damages.

 

Hope things go well for your cousin.

[PETE1980]

thanks for the info people, i will print this all off for her so she can decide what she wants to do, i wouldnt see her homeless anyway especially with a young child, but may be worth her while to do as you say and come to a agreemement with the HA, thanks again!

[jackieandwayne]

Yes to going to see the HA, and the local authority, as she is going to be homeless and she is in priority need.

 

This young lady is not going to be allowed to stay here. She has no rights, she is not named on the tenancy agreement.

 

The LA will help her to find something private, or if she is unable to do this she may access social housing of her own with their help.

 

This is one of the areas of housing that can seem to the outsider a complete and utter nonsense. However, that house is a unit of social housing, and it has to go to the next person on the waiting list. I know it would make more sense for the girl to stay there with her child, but its not going to work that way. Her partner has no right to assign because of the arrears, she hasn't a leg to stand on. Try to get your cousin to accept this - I know its hard, but right now she might be in a very good position to access her own social housing.

 

One of the things the LA will do is to liaise with the HA to see if she can remain. But I bet 80% its going to be a big no.

 

I wouldn't bother paying any more rent, its throwing good money after bad, the girl has no obligation to pay it either, similarly she can;t be chased in Court for any arrears - they are not hers. She shouldn;t however, move out right now unless she feels unsafe where she is. This is an ideal scenario for the L to accept their duty, and voluntarily moving out can scotch that.

 

Try and get her to see that this is not her home, never will be her home, but good things can come out of bad and there is always something better just rounf the corner.

 

Goodluck

[Sali]

If I was the HA I'd be asking where your cousin was living before she moved in with this man and why she cannot return there?