Becoming evicted, advice please on temp accomidtion/homeless

[shreddies2]

Sorry, shreddies. I have emptied my inbox.

 

Ok, I'm doing all this from my phone and sometimes I'm unsure if I send duplicates or not

[Desperate Daniella]

No probs.

 

DDx

[shreddies2]

Here's an update, while at work I got an appointment from my housing positions officer, she had said the referral has been made to the homeless department and we are just to turn up Wednesday morning and wait, we will be given access to what is emergency accomidation, I have no idea what it will be.

 

I rang my ward officer- I didn't get through after many tries so I left a message with a breif outline I had an housing issue and I was seeking his support and to call me back. I rang my case worker at housing trust who said he will get a letter sent to homeless department stressing for us to be able to stay in the area.

 

Other than that I've packed two more boxes, I could have done more but have run out of boxes!

 

I now have no picture frames on the walks or decorations, this place echoes its so strange being this way

[citizenB]

 

Other than that I've packed two more boxes, I could have done more but have run out of boxes!

 

I now have no picture frames on the walks or decorations, this place echoes its so strange being this way

 

Yes, moving is horrid at the best of times - even if you have planned the move.

[Desperate Daniella]

Hi shreddies,

 

You have done as much as you can. Hold tight. And ring the ward councillor again tomorrow if he hasn't contacted you.

 

DD

[shreddies2]

Hi everyone here is an update, not much but I have very nearly packed. I got through to my ward councillor who told me he will do what he can to help me, but all I got back was an answering machine message from my housing support officer saying that getting a councillor to intervene will not help with your case, it's to do with availability not who you have involved, so I felt a little down hearted.

 

Anyway are you all enjoying this snow?!

[Desperate Daniella]

Hi shreddies,

 

Not much snow here, but freezing cold.

 

Housing officers do not like councillors to intervene in what they see as their area, but some councillors are in fact very helpful. Phone the councillor again and tell him what the housing officer said. If this councillor isn't helping, call the others who represent your ward. It does depend on where you live, and some councillors are better than others.

 

Hope your little boy is coping okay, and hope temporary accommodation is acceptable. Please do keep in touch and let us know how you are getting on.

 

DDxx

[shreddies2]

Lots of snow here, had a snow day so loads more packing done, we are ready now it's really scary.

 

Today I also got a call from homeless department, my councillor had spoken to them and they told me the same, it comes down to the availability. I'm glad he's still trying, I rang him and thanked him, I told him they were not impressed he was involved he said of course they wouldn't be but he has tried to keep me within our area.

 

Tomorrow I have to be there between 9-10 and just wait, hopefully I keep my cool I'm so very nervous

[seanamarts]

Keep us updated, and good luck

[honeybee13]

I'll be thinking of you, Shreddies and I truly hope it all goes as it should, you've been so brave.

 

I wouldn't be frightened to ring the contacts you now have if you need reassurance or action, and we'll be here.

 

HB x

[Desperate Daniella]

Thinking of you tonight, shreddies.

 

Hang in there. You have done so well to be so organized.

 

Keep making the calls to the councillor and everyone else.

 

Keep in touch.

 

God bless and a big hug.

 

DDxx

[shreddies2]

Thanks so much guys :,) I will keep you all updated xx

[Prouty99]

Oh dear, i'm sorry i am late on this one

 

Is this a section 21 that they have issued you with ? (It should have section 21 written at the top of the letter)

 

If so, you have some time to think. A section 21 is just a notice that they wish to start proceedings against you, and they would probably give you a date on the letter that they want you out by.

 

It's unlikely that a judge in a repossession will kick you out in the street given your circumstances. Probably they will issue a suspended repossession at best

 

To be honest, i would like to see the landlord's argument in court if you have no arrears..., saying 'i want more rent' won't go down well with a judge.

 

If he issues section 21, then you don't move out after the expiry date, he will then have to go back to court to apply for a repossession order, then you still don't move out, he will then have to go back to court to apply for an eviction notice.....,the entire process is quite lengthy and could be up to 6 months before you get into court before a judge.

 

If the landlord hasn't issued a section 21 notice at the beginning, and all he did was send you a plain old letter saying he wants you out, then the entire process is void, and must be restarted again (the clock starts from the beginning again, and could take up to 6 moths from the point he issues a proper section 21 letter)

 

Because you have an 'assured' shorthold tenancy agreement he cannot do anything until that agreement expires. In my experience, few landlords, and few letting agents understand repossession procedure correctly.

 

I won a case for someone last week, his defence was Dyslexia, and he couldn't read the Sect 21, and i argued in court that as this was the case he also couldn't read the original tenancy agreement either, therefore both were void. The judge agreed, and the Sect 21 was withdrawn, and the tenancy agreement had to be restarted from scratch (12 months), once the tenancy agreement was 'read to him' by a housing solicitor, and the tenant fully understood what he was signing.

 

Without rent arrears, and without anti social behaviour, the landlord will have a really hard time arguing before a judge for repossession.

[shreddies2]

Oh dear, i'm sorry i am late on this one

 

Is this a section 21 that they have issued you with ? (It should have section 21 written at the top of the letter)

 

If so, you have some time to think. A section 21 is just a notice that they wish to start proceedings against you, and they would probably give you a date on the letter that they want you out by.

 

It's unlikely that a judge in a repossession will kick you out in the street given your circumstances. Probably they will issue a suspended repossession at best

 

To be honest, i would like to see the landlord's argument in court if you have no arrears..., saying 'i want more rent' won't go down well with a judge.

 

If he issues section 21, then you don't move out after the expiry date, he will then have to go back to court to apply for a repossession order, then you still don't move out, he will then have to go back to court to apply for an eviction notice.....,the entire process is quite lengthy and could be up to 6 months before you get into court before a judge.

 

If the landlord hasn't issued a section 21 notice at the beginning, and all he did was send you a plain old letter saying he wants you out, then the entire process is void, and must be restarted again (the clock starts from the beginning again, and could take up to 6 moths from the point he issues a proper section 21 letter)

 

Because you have an 'assured' shorthold tenancy agreement he cannot do anything until that agreement expires. In my experience, few landlords, and few letting agents understand repossession procedure correctly.

 

I won a case for someone last week, his defence was Dyslexia, and he couldn't read the Sect 21, and i argued in court that as this was the case he also couldn't read the original tenancy agreement either, therefore both were void. The judge agreed, and the Sect 21 was withdrawn, and the tenancy agreement had to be restarted from scratch (12 months), once the tenancy agreement was 'read to him' by a housing solicitor, and the tenant fully understood what he was signing.

 

Without rent arrears, and without anti social behaviour, the landlord will have a really hard time arguing before a judge for repossession.

 

 

Hi thanks for your reply, we have had our sec 21 and now have the possession order from court, I believe as it runs out tomorrow the landlord has to apply for eviction which will happen in around two weeks? From tomorrow's date 13th

 

Yep it's all happening just hoping I can stay in my area.

[shreddies2]

Hi here is an update. We arrived at the council at 9.10 we went to the desk and told them we were Told to come in for emergency accomidation she gave us our number and we waited. We told the women at the booth when our number was called we were told to come in for emergency accomidation and she had no idea what we were talking about, so after a panicked 15 mins and phone calls later she told us to wait, so we waited again for an hour until we were called to talk on the phone, it was a man from the homeless department who said he'd be up in 10 mins to talk with us so he turns up 20 mins later, we filled a form out anwsered some questions and were told to wait again.

After 30 mins another phone call it was the man from homeless department he said they could offer me a 2 bed emergency flat 10 miles away or a 1 bed in my area, so I took the one in my area.

I'm so relieved. The flat is ok, it's small but has a little fridge and electric cooker. I cleaned it up so it looks ok, I'm just so relieved I really thought I could be anywhere.

The homeless officer mentioned my ward councillor had called aswel so I wonder if it was his interference that had this impact?

Anyway I'm feeling much better, still not great but alot better!

 

Thank you all for your lovely words and help, I will continue to keep you all updated xx

[Desperate Daniella]

Oh shreddies, I am so relieved for you.

 

I know it's not ideal, but it will do for now, and I think you were right to take the smaller flat in the area where you want to be.

 

You have had a hell of a time, you've held it together and been very brave, and I hope you sleep well tonight.

 

Hugs,

 

DDxx

[Prouty99]

Glad you got sorted

 

Personally i would have waited for the repossession hearing just to hear the landlords argument, but life has its hawks and doves, and i can be determined to the point of my own detriment at times.

 

You must make the call based on your own circumstances, and more importantly (which i forget sometimes), for your own peace of mind

 

You eluded to having representation in the form of a housing worker ? Is he/she helping you through this ? What about the ongoing case..., is the emergency accommodation short term while the case runs its course, or is it permanent ?

 

If you are happy where you are now, and it's permanent, then i would write a letter to the court instructing them that you are now in alternative accommodation, and as such you would like to go for something called vacant possession.

 

Just to clarify that, get your keys to the old place, put them in a photocopier and get a print out of the keys. Then write on the photocopy "keys returned by" and sign your name. Underneath write "keys received by" and get your landlord to sign there, then date both signatures and give him the keys back, keeping your photocopied signed document. (you don't need to give him/her a copy.)

 

Put the photocopy with the letter to the court.

 

The repossession case will now stop, as a landlord can only repossess a property if there is a tenant in there. He/She cannot repossess a property which the landlord already has the keys to, and as such free entry to. Therefore there is NO repossession !

 

Don't give him/her a forwarding address...,this will stop him/her chasing you for unpaid anything.

[honeybee13]

Hello Shreddies.

 

I'm so glad you've got that over with and have somewhere you can feel OK. I hope you still feel relieved and better than you have been this morning. It's nice to have your own front door, because you hear stories of people going into B&B.

 

Did you manage to get some sleep?

 

Hugs from me too. HB x

[seanamarts]

Very relieved for you. Well done

 

Im sure you will be housed quite quickly now as you only have the one bedroom and you need at least two.

 

Make it your's while you are there.

[citizenB]

Hi here is an update. We arrived at the council at 9.10 we went to the desk and told them we were Told to come in for emergency accomidation she gave us our number and we waited. We told the women at the booth when our number was called we were told to come in for emergency accomidation and she had no idea what we were talking about, so after a panicked 15 mins and phone calls later she told us to wait, so we waited again for an hour until we were called to talk on the phone, it was a man from the homeless department who said he'd be up in 10 mins to talk with us so he turns up 20 mins later, we filled a form out anwsered some questions and were told to wait again.

After 30 mins another phone call it was the man from homeless department he said they could offer me a 2 bed emergency flat 10 miles away or a 1 bed in my area, so I took the one in my area.

I'm so relieved. The flat is ok, it's small but has a little fridge and electric cooker. I cleaned it up so it looks ok, I'm just so relieved I really thought I could be anywhere.

The homeless officer mentioned my ward councillor had called aswel so I wonder if it was his interference that had this impact?

Anyway I'm feeling much better, still not great but alot better!

 

Thank you all for your lovely words and help, I will continue to keep you all updated xx

 

 

This is good news - if this is only temporary, then hopefully you will be given something permanent soon.

[shreddies2]

Hi everyone, thank you for the kind messages.

 

It's very strange living here! I have cleaned and cleaned but there is a smell...that doesn't want to leave so I went out a brought a new air freshener and shake and vac but still there is a smell.

There is no Internet here, there is wifi from the pub on the corner but the signal isn't worth it.

I'm so relived though I could have been in a hostal or b&b so at least I can cook my own dinners and watch tv in a seperate room.

I really miss my other flat so much it's strange not having a garden.

Oh and on a very random note the man below us has written a note on the light switch in the hallway saying if anyone turns it off (because apparently it won't turn back on again) he will sue whoever does??!!!

[stu007]

that's great to hear even if its temporary still make it yours and hopefully something permanent crops up soon.

[citizenB]

Hi everyone, thank you for the kind messages.

 

It's very strange living here! I have cleaned and cleaned but there is a smell...that doesn't want to leave so I went out a brought a new air freshener and shake and vac but still there is a smell.

There is no Internet here, there is wifi from the pub on the corner but the signal isn't worth it.

I'm so relived though I could have been in a hostal or b&b so at least I can cook my own dinners and watch tv in a seperate room.

I really miss my other flat so much it's strange not having a garden.

Oh and on a very random note the man below us has written a note on the light switch in the hallway saying if anyone turns it off (because apparently it won't turn back on again) he will sue whoever does??!!!

 

 

Shreddies, can you identify the smell - is it musty due to no one living there for a while? Things like BBQ charcoal or dishes of vinegar or a large onion cut in two will absorb smells. Or perhaps buy a pot of herbs.. Mint or another type that has a nice smell !!

[Desperate Daniella]

Hi shreddies,

 

It's not the best place to be, but at least it's only temporary.

 

Don't worry about the mad man downstairs. Even if you or someone else turns it off accidentally he's not going to know whodunnit!

 

I'm sure you've already done this, but in case you haven't, do remember to phone the councillor and thank him. He may be of help in the future. All departments at a town hall will say that councillors have no influence (in housing or anything else) but the fact is that they do. Some councillors are good, others are only using being a councillor as a stepping stone to being an MP, but I have known some really brilliant ones who have really helped their constituents. If you keep in touch hopefully he'll keep an eye on your situation.

 

Hope something permanent comes along soon, but so glad you are in your own place with your own front door.

 

DDx

[seanamarts]

Tips for getting rid of smells... bicarb of soda. sprinkle it on the carpet, leave a few hours the hoover up, do this over a couple of days and it should get rid of the smell.... I am presuming it is the carpet that smells.

 

Tips for getting rid of nutty neighbours.........

 

Im saure you will be fine