Terrible State!

[pinkcob]

Please could you help me...

 

I am desperate for some advice..

 

We over 40 k in debt from past failed business, we got evicted from our last home due to rent arrears and and were rehomed by the council with a private landlord, they paid the deposit and 2 months rental advance... anyway my husband has subsequently been part time and we have never been able to save the money to go bankrupct so always have people at the door and to cut a long story short we are behind again and getting evicted again.... It's a viscous nightmare!

 

So the council stands to loose their money I suspect, we can't get any where with our background at all and are still 40K in debt..

 

A lady at the council said they don't need to rehome us or get council housing as we have intentionally made ourselves homeless by being in arrears..

 

We have 4 children 18yrs, 17yrs, 11yrs and 10yrs.... do they HAVE to help us regardless? what on earth can we do?

[Ell-enn]

Hi there - give Shelter a ring, they are fantastic at this sort of situation - this is their number 0808 800 4444- you may have to keep ringing as they are usually quite busy but yo will get the advice you need from them.

[Rocco17]

pinkcob, sorry to hear about your situation. The Council don't HAVE to help but you can challenge their decision and I believe, given the age of your children, you should be able to get help from Social Services.

 

There is an emergency housing rights checker on the Shelter website that is worth looking at

[Lea_HTH]

Please could you help me...

 

I am desperate for some advice..

 

We over 40 k in debt from past failed business, we got evicted from our last home due to rent arrears and and were rehomed by the council with a private landlord, they paid the deposit and 2 months rental advance... anyway my husband has subsequently been part time and we have never been able to save the money to go bankrupct so always have people at the door and to cut a long story short we are behind again and getting evicted again.... It's a viscous nightmare!

 

So the council stands to loose their money I suspect, we can't get any where with our background at all and are still 40K in debt..

 

A lady at the council said they don't need to rehome us or get council housing as we have intentionally made ourselves homeless by being in arrears..

 

We have 4 children 18yrs, 17yrs, 11yrs and 10yrs.... do they HAVE to help us regardless? what on earth can we do?

 

They don't have to help you or your husband or your 18 year old - but they are OBLIGED to help the children - so, either they will have to take the children into voluntary accommodation (care with your agreement) or they will have to take them in because they will be destitute, OR they will have to rehouse you ALL together.

 

The likelihood is that they will house you all together since children are usually best placed with their parents and not into the care system.

 

Your biggest difficulty is that you have twice become intentionally homeless by allowing yourself to run up arrears on your housing - so depending on your local authority's view point, they may decide to accommodate the children as a safer option for the children's well being and welfare.

 

What was the issue with paying the rent? Was it too high for you to afford? Did you claim housing benefit? Are you and your husband working? Are all the children in education?

[pinkcob]

Yes this is what I've been told! The thought of it!!

 

We had got into slight arrears with current landlord but had increased payments to include arrears and everyone was happy but then in December and January my husband hardly had any work! He works for a driving agency (temping) and all of a sudden was only working 1 - 2 days per week, I informed landlords agent I expected difficulties but I was sure it was just short term and then received notice (21) we have tried to re-negotiate with them and let us stay.. I have emails etc..

 

To be honest it completely unaffordable in our current situation.but it was given as our only option... I am sure the council will say I have made myself intentionally homeless but is this the case in light of the above, our actions? And also in light that we are 40k in debt still, some debts spanning back 7 + years.. is this not proof of unaffordabilty and that it is not intentional we are just in this spiral of debt?

 

My children are all in education, 18 yo uni, 17 yo college and two youngest at middle school, we are not a 'problem' family and have never been in trouble so to speak apart from money!

 

I have spoken to shelter and they may see us if they can fund our application so just waiting but in the meantime meet with council today- I'm very scared.... and need to persuade them I'm not intentionally homeless

[pinkcob]

Yes this is what I've been told! The thought of it!!

 

We had got into slight arrears with current landlord but had increased payments to include arrears and everyone was happy but then in December and January my husband hardly had any work! He works for a driving agency (temping) and all of a sudden was only working 1 - 2 days per week, I informed landlords agent I expected difficulties but I was sure it was just short term and then received notice (21) we have tried to re-negotiate with them and let us stay.. I have emails etc..

 

To be honest it completely unaffordable in our current situation.but it was given as our only option... I am sure the council will say I have made myself intentionally homeless but is this the case in light of the above, our actions? And also in light that we are 40k in debt still, some debts spanning back 7 + years.. is this not proof of unaffordabilty and that it is not intentional we are just in this spiral of debt?

 

My children are all in education, 18 yo uni, 17 yo college and two youngest at middle school, we are not a 'problem' family and have never been in trouble so to speak apart from money!

 

I have spoken to shelter and they may see us if they can fund our application so just waiting but in the meantime meet with council today- I'm very scared.... and need to persuade them I'm not intentionally homeless

 

Any advice to take to this meeting?

[Lea_HTH]

Yes this is what I've been told! The thought of it!!

 

We had got into slight arrears with current landlord but had increased payments to include arrears and everyone was happy but then in December and January my husband hardly had any work! He works for a driving agency (temping) and all of a sudden was only working 1 - 2 days per week, I informed landlords agent I expected difficulties but I was sure it was just short term and then received notice (21) we have tried to re-negotiate with them and let us stay.. I have emails etc..

 

To be honest it completely unaffordable in our current situation.but it was given as our only option... I am sure the council will say I have made myself intentionally homeless but is this the case in light of the above, our actions? And also in light that we are 40k in debt still, some debts spanning back 7 + years.. is this not proof of unaffordabilty and that it is not intentional we are just in this spiral of debt?

 

My children are all in education, 18 yo uni, 17 yo college and two youngest at middle school, we are not a 'problem' family and have never been in trouble so to speak apart from money!

 

I have spoken to shelter and they may see us if they can fund our application so just waiting but in the meantime meet with council today- I'm very scared.... and need to persuade them I'm not intentionally homeless

 

Did no one tell you that you might be entitled to housing benefits when your husband's hours dropped?

 

Have you done an income and expenditure form? (See the sticky thread at the top of this forum created by Ell-enn - download the I&E form and fill it in - it is important to know precisely why you are not able to meet your financial commitments.)

 

You said that you got into a 'bit' of arrears - how many months are outstanding (or how much)?

 

You state you were served with a s21 - it is unusual for a landlord to use a s21 when the primary reason they want you out is due to rent arrears. Can you phone the court and ask them if the hearing for possession against you has been listed under the 'accelerated procedures'?

 

What exactly does the particulars of claim state under no. 4©?

 

What time is your meeting with the council?

[pinkcob]

Did no one tell you that you might be entitled to housing benefits when your husband's hours dropped?

 

Have you done an income and expenditure form? (See the sticky thread at the top of this forum created by Ell-enn - download the I&E form and fill it in - it is important to know precisely why you are not able to meet your financial commitments.)

 

You said that you got into a 'bit' of arrears - how many months are outstanding (or how much)?

 

You state you were served with a s21 - it is unusual for a landlord to use a s21 when the primary reason they want you out is due to rent arrears. Can you phone the court and ask them if the hearing for possession against you has been listed under the 'accelerated procedures'?

 

What exactly does the particulars of claim state under no. 4©?

 

What time is your meeting with the council?

 

Meeting half two, just about to do income n expenditure as per form above thank you, am I allow to include payments to my 17 yo son for buses and dinners at college? We help my 18 yo daughter as grant hardly covers rent but suppose I can't list that?

We have had some housing benefit periodiclydependingon husbands pay from 0 - 40 pw. Will check your other questions and replying a mo.

[sillygirl1]

Yes, any expense to do with children and education is allowable.

[pinkcob]

can't find this form? link any one?

[Rocco17]

If there are things that you have to spend money on then you should include them. If there is anything that you can cut back on then don't include it.

 

No point telling them that you have x amount available after outgoings when in reality you have only half that, because any help or arrangement you might get will be based on what you say your budget is.

[pinkcob]

it says section 21 (4) a?? so not sure what you mean?

[pinkcob]

rang local court and no accelerated proceedures entered into yet as far as they can see and I have been issued with nothing.... still can't find this I&E form though : (

[pinkcob]

calculator of Income and expediture (found excl document says I am £535 over / in red every week without ANY debt repayment!!!!!!!!!!!!!!!!!!

and I have put silly figures like £30 per month for family of 5-6 clothes per month!! which is in now way accurate

[pinkcob]

will this help me at all that it's not intentional? I'm also taking my huge 40K pile of debts, bank statements... emails to landlords agent trying to reverse decision etc....

[Lea_HTH]

Firstly, contrary to what you have been told above regarding children's expenses, no, don't put in that you are assisting your adult daughter in education - she'll have to get a part time job (lots of students do it), you simply cannot afford to assist her, as doing so has contributed to putting your home at risk. I know that will sound harsh - but every single thing that isn't necessary, is going to need to be cut down.

 

The cost of your children who are under 18 MUST be included - which includes your son's travel expenses. Again though, I would suggest he gets a part time job so that he can help the family a bit as necessary, even if it is merely by paying his own fares and taking a packed lunch to school.

 

Can you PM me a copy of your I&E - with an overspend of 535 a week, something is going drastically wrong.

[pinkcob]

Firstly, contrary to what you have been told above regarding children's expenses, no, don't put in that you are assisting your adult daughter in education - she'll have to get a part time job (lots of students do it), you simply cannot afford to assist her, as doing so has contributed to putting your home at risk. I know that will sound harsh - but every single thing that isn't necessary, is going to need to be cut down.

 

The cost of your children who are under 18 MUST be included - which includes your son's travel expenses. Again though, I would suggest he gets a part time job so that he can help the family a bit as necessary, even if it is merely by paying his own fares and taking a packed lunch to school.

 

Can you PM me a copy of your I&E - with an overspend of 535 a week, something is going drastically wrong.

 

 

Sorry per month.... Haven't included anything for daughter and yes will pm now

[Lea_HTH]

I think your lack of intention isn't a winning factor - it's not relevant here. I don't think many people intentionally sit back and state "I'm not paying my rent", particularly when they have children (though trust me, I have met clients who have exactly that attitude!), but in your circumstances, it's just not going to be a plus point because this is the second time you have been in exactly the same place.

 

What you need to do is look forward and try to clear up the mess, not look back to see if there is anything to explain it away.

 

So, in the particulars of claim, in no.4© it states that they are relying on s21(4) - is that correct?

 

On the form (the pages before the PoC, which boxes are ticked? I presume they have ticked 'rent arrears' and 'breach of tenancy'? If so, have they included a statement of the rent arrears?

[Lea_HTH]

It might actually be useful if you could scan the Particulars of Claim and any other documents they have sent - remove all your identifying details.

[Lea_HTH]

Hang on - just re-read some of your posts...are you stating that all you have received at this point is the notice requiring possession of the property?

 

If yes, can you scan the document (remove private information) and post it up in the thread - I want to check whether it is valid. What date is your rent due on?

[pinkcob]

I think your lack of intention isn't a winning factor - it's not relevant here. I don't think many people intentionally sit back and state "I'm not paying my rent", particularly when they have children (though trust me, I have met clients who have exactly that attitude!), but in your circumstances, it's just not going to be a plus point because this is the second time you have been in exactly the same place.

 

What you need to do is look forward and try to clear up the mess, not look back to see if there is anything to explain it away.

 

So, in the particulars of claim, in no.4© it states that they are relying on s21(4) - is that correct?

 

On the form (the pages before the PoC, which boxes are ticked? I presume they have ticked 'rent arrears' and 'breach of tenancy'? If so, have they included a statement of the rent arrears?

 

I haven't anything with what you ask / require on... it's just a simple one sheet piece of paper saying under section 21 (4) a they require posession

[pinkcob]

just uploading now

[Lea_HTH]

Okay - in that case, if they are relying on a s21 notice, it is simply that they require the property back, and even though you owe rent, it is not the primary reason for them wanting the property.

 

A s21 is seen as a 'no fault' eviction, so the local authority shouldn't find you intentionally homeless based on the fact that you have been served with one. However, there may be an issue arising if the local authority lose their deposit due to the arrears, so that will obviously be something that they consider in your homelessness.

[pinkcob]

how to i post on here... it asked for web url which it obvo doesnt have

[pinkcob]

think attached

Edited February 8, 2012 by pinkcob