Help required for student tenancy

[my own thoughts]

I am a 24yr old, full-time student, within my final year and on a casual contract.

I have had my accommodation, which is privately rented for the fourth year.

Every year for the renewal of the contract, the landlady has verbally and via what’s app, threatened to evict me.

 

Whilst I have had arrears in the past, I have always paid off outstanding balances from the date promised.

I am currently seeking advocacy to help support me with this situation as I do not feel like I am able to deal with the landlady/councils by myself.

 

I have approached Coram Voice for support with advocacy.

In order to get advocacy, I have been told by Coran Voices, I require certain documents of my need’s assessment, which was made when I was 15.

Runnymede council, who conducted the assessment have advised that they cannot find this on the system.

I have contacted the housing association within Spelthorne, where I was first house and am awaiting on a reply.

 

Please can I get advice on how to help myself further –

 

1)      Is there an advocacy alternative to Coram?

2)      I would really be grateful if someone can direct me to an online resource to help figure out my rights regarding the council and my housing situation

 

Ideally, I would like to move from my current situation, to somewhere more secure and longer term..

i appreciate those who have read this and thanks for your time. 

[honeybee13]

Hello and welcome to CAG. People should be along to advise later.

 

I wonder if I could ask you to clarify what you mean by your point 2) please about the council and your housing situation.

 

Have you tried Shelter? They have a website and a helpline.

https://www.shelter.org.uk/

 

Best, HB

[my own thoughts]

Hi HoneyBee,

 

Thank you for replying! i have actually had their support in the past with advice and laws to state to this landlady.

 

Over the years it has always been different reasons to why she wanted me out. 

 

re the housing situation - i was estranged from my family at the age of 15. I was then housed by a housing association when i was 16/17yrs. Whom i have contacted for further documents.

 

Then years later i was house by the YMCA is London South West. I was evicted from here for going to university, on the basis of me becoming a full-time student, i would no longer be eligible for housing benefit, hence why the YMCA had to let me go.

 

Now, after a few years of private renting from this landlady, who has taken me on without a guarantor, has again stated she wants me evicted for something that was not my fault. Again, i feel like she just wants me out and as i will no longer be a student come September, when the contract finishes, i will not know where to go or live as i do not have a parents home to go to and doubt i will have funds for a deposit for a new place, let alone the rent upfront that most landlords ask for.

 

I understand this situation is messy and i am not clear on what help i am asking for. However, any advice on this situation and ways of either authorities or charities being able to assist or help or even house would be gracefully appreciated as i believe, from reading from the Child Law's website, that being a child in need at 15 should hold some weight towards a councils duty to care. I hope this makes more sense of this situation.

 

Many thanks again. 

[honeybee13]

Thank you for the extra information, it will help people to advise you.

 

HB

[honeybee13]

I've moved your thread to our Residential Lettings forum, I think you'll get more help there.

 

HB

[my own thoughts]

sure thing, thank you so much for the help and advice so far. 

[honeybee13]

No problem.   There should be more advice later.

 

HB

[BankFodder]

This sounds like a rather difficult and complicated story.

Firstly you say that she has been contacting you verbally and also by means of WhatsApp. When she has contacted you verbally, has this been face-to-face or on the telephone? Also, have you managed to keep any of the messages that she has sent you on WhatsApp? I think it is important that you keep these and also find a way to print them out. This is the kind of thing that needs good record-keeping so that you have got a paper trail.

You say that Runnymede don't have certain records of yours. Does this mean that they don't admit to ever having carry out an assessment, or is it simply that they have lost your records?

How long since you contacted the housing association?

If you do anything on the telephone – you should first of all read our customer services guide and implement the advice there. This is really essential. You should install some sort of automatic call recorder on your phone so that even if you take a call unexpectedly, you will have it recorded and then you should back it up – as advised on the customer services guide.

Also on the basis that good preparation is essential to deal with these kinds of cases, and in the expectation that your landlady will eventually evict you, you should make sure to take photographs of the condition of the property that you are in. Do it now and also when you eventually leave. Is a deposit being held?

[unclebulgaria67]

Perhaps it would assist if the current circumstances are clarified.

 

 "Whilst I have had arrears in the past, I have always paid off outstanding balances from the date promised."

 

1)  Do you have any rent arrears at the moment ? 

2) If the answer is yes, how many weeks/months are you in arrears ?

3) How many other tenants are on the tenancy agreement ? 

4) Are they all students ?

5) Have other tenants on the agreement paid their rent up to date as far as you know ?

 

"Ideally, I would like to move from my current situation, to somewhere more secure and longer term. "

 

1) When are you looking to move ?  

2) What are the terms of the tenancy agreement  in regard to period of tenancy and any notice required to move out of the property ?

3) What type of student course are you taking ?  Is this a University course and you are receiving student finance from Student Finance England towards your Housing and living costs ?

4) When does the student finance towards housing end ?

 

Once your student course ends, you can then claim Universal Credit including help towards your Housing. As you are under 35 years of age, you would normally only be eligible to a shared accommodation rate, which is based on costs of renting a room.  There are some exceptions to this, where you can be entitled to a 1 bedroom rate which is much more than the shared accommodation rate. One of which is previously having been in care of a local authority.   If you need supported accommodation due to health/vulnerability issues, this can be arranged by local council authority and Housing paid through council Housing Benefits, rather than Universal Credit.

 

"I am currently seeking advocacy to help support me with this situation as I do not feel like I am able to deal with the landlady/councils by myself."

 

The best option may be to contact the Council where you are looking to live after you stop being a student.  Most Councils have details of Welfare rights advisors in the area.  The Council will also have staff that help with complex Housing issues and navigating benefits. 

 

Can the University/college help you ?  They often have contact with Councils/Government departments/advisory services and may be able to help you. 

 

 

[stu007]

Hi

Welcome to CAG and I can sympathise with your situation 2 important things you need to do.

 

1. You need to as has already been said keep a very good papertrail of everything that has happened to date and I do mean everything and keep if for some years (just in case you need it).

2. You need to get you name on as many housing association/council housing in your area by simply getting and application from each one filling it in and sending it to the respective ones. This way you may not get housing immediately but at least your name is added to their waiting list for housing. (ensure if you move that you tell them and your new address)

Now to your issue in hand.

 

With the Rent Arrears on each occasion how many months in arrears was your rent before clearing arrears and did you liaise with the landlord each time? https://www.gov.uk/private-renting/rent-arrears

 

On this present occasion exactly what is the landlord threatening eviction for is it for rent arrears and exactly what notice have they given? https://www.gov.uk/private-renting-evictions

 

Are your renting a property or a room in a property i.e. HMO? https://www.gov.uk/private-renting/houses-in-multiple-occupation

 

Now Runnymede Council & the Housing Association within Spelthorne I would advise if you have not already don so to send both a Subject Access Request (SAR) simply asking for 'ALL DATA' (this way it does not matter what format that data is held in whether it be written, email, phone calls etc) and due to the Data Protection Act 2018 which includes the General Data Protection Regulation a SAR is free.

 

They have 30 Calendar Days to comply with a SAR once they have acknowledge reciept (and no issue with complying to verify ID)

 

In your post#3 you state 'Child Law's Website, that being a child in need at 15 should hold some wait to a councils duty, now from your post it does read that you are at present that you are older than 15 and if so this would not apply in your present circumstances, but I have a feeling you have mentioned this as should they have had this duty of care at the time when you were 15 yrs old.

 

If I am correct about the above this would be a seperate matter to your present issue with the landlord trying to evict you or your housing issue at present. 

 

I would advise that you need to concentrate on getting your present housing matter sorted first as that is the most pressing matter to sort out and when that is dealt with deal with the councils duty of care when you were 15 yrs old to house you. 

[my own thoughts]

On 09/01/2020 at 20:33, BankFodder said:

 

Dear All, 

 

I am incredibly grateful for the amount of useful information that has been provided. I want to firstly share a brief update on the outcome of speaking with Coram Voice. 

 

They have agreed to give me advocacy via telephone calls, until i get documents to them. However, using the SAR route, i will be able to access these.

 

Before i go down that route, I have had a phone call back today from the housing association that housed me when i was under 18. They have given me my social workers contact details who will be able to access all my files. In the meanwhile, they are also going through their archives to see if the have anything to support my case further. 

 

Re current situation with housing, we are all students renting privately from her. I still have all the proof from over the years of all her invalid abuse and threats of eviction. We have in fact got a contract signed until Sep 2020. So i believe, despite her threats, she legally cannot get me out and will have to honor the contract?

 

please correct if i am wrong as i know she is trying to get the eviction on the grounds of a break-in that occurred in the house and she is blaming me although it had nothing to do with me. I was the one who called and spoke to the police, one tenant in the house who was not even present at the time had told her fibs. On this basis, she is threatening eviction. However, i have tried to get advise elsewhere on this too and i believe due to the contract and her having a lack of proof let alone good faith within me, she cannot kick me out. 

 

I am also not in arrears and the only times i have been is when i haven't had student finance over the summer and found it hard to find a job quick enough. During these times, i have sent her proof of my finances coming and dates where i can pay, which i have stuck too. There are messages and emails and bank statements to back all of this and as advised i will keep all of this and a paper trail too. 

 

I feel like i have the ball rolling now with a lot of support and info! i cannot thank you all enough for showing me other ways to speed up the process with gaining help and getting a care-leavers status.. hopefully i will be eligible for housing and also all the other benefits which entail with it !My uni and college havent been as supportive and i believe once i get this status, they will be able to help more. Again, thank you all for your time and great help!

 

Have great days all!

 

 

 

[stu007]

Hi

 

Thanks for the further information.

 

I will say it again that you need to seperate your present housing issue with your housing issue when you were 15 yrs old.

 

Your Present Housing Issue

 

The Landlord cannot just evict someone it is not that easy as they have to follow a legal process to do so and it can take some months to do so.

 

If the landlord was going for eviction the would have to firstly serve notice by way of what section they are using to evict, that is only the start of the process before it even gets to court stage and if it does proceed to that stage you can defend.

 

When you have been threatened with eviction on this present occasion how was this done by the Landlord. (was it verbal, text, phone or in writing)

 

Your housing issue when you were 15 yrs old

 

Whether it's Council, Housing Association, Social Work to take them on you need to understand what policies and procedures they had in place at that time and whether they followed those polices and procedures.

 

What you need to ensure is you ask for that specific policy or procedure that was in place 20XX (when you were 15 yrs old)

 

(note if you don't they will be using their present policies & procedure to more than likely say we are right and you are wrong)

 
You are going to have to do a lot of research and I wont lie it may take it's toll on you so you must ensure that during it you take time out and forget about for a while them get back into it with a fresh mindset.

[my own thoughts]

Dear Stu007,

 

I've realised that it will take me some time for the case that i have from when i was 15. 

 

Coram Voice are helping me with getting the ball rolling with this, so hopefully i'll get all i need from them regarding the info for policies back in 2012. 

 

Re my current housing situation, she has done this via whats app and i have the proof and screen shots of this. I've also learnt that there isnt much she can do as we have a signed contract until Sep 2020 so that has relaxed me a little.

 

Thank you again for the support and advice its truly appreciated. 

 

Best wishes, 

 

KM

Edited January 20, 2020 by my own thoughts

[stu007]

Hi

 

You are more than welcome that is what CAG is here for and thank you.

 

As for the Landlord sending the evictions threats by whatsapp they really do need to learn the law as that is not Legal Notice.

 

If you paid a Deposit is it protected in a Tenancy Deposit Scheme and you have been notified of this and been given a copy of the prescribed terms of that scheme.

 

https://www.gov.uk/tenancy-deposit-protection

 

https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_protection_rules

 

Have a wee look also at these CAG links:

 

 

ownerleasehold-etc-information/

 

 

With your 2015 issue I still suggest that you start a new Topic on this as this is a separate issue to your present issue.

 

I can fully understand that you may not want to but remember Coram Voice can only do so much. 

 

You also need to research what Legislation, Policies/Procedures the Council had in place or any other organisation that you dealt with during your 2015 issue to see if they have followed that Legislation or there own policies and procedures. 

 

When you have done this read though them very carefully thinking of your situation at that time and just keep asking yourself as you read them just think to yourself  'DID THEY DO THAT' if not highlight it, when you have finished leave it for a few days them with a fresh mind do the exact same.

 

This way you are building a trail of evidence to back up your case against them.

 

This is why I say you may need to take time out and forget about it for a time as it may take it's toll as it will take sometime to gather all this evidence to assist you in your case against them.

 

Can I also just say well done to you as it must have been hard to even mention your issue from 2015.

[my own thoughts]

Hey, 

 

So yeah i managed to get advice from shelter the first time she tried to evict the first house group 4 years ago. I used that exact law on the security deposit and her having the right to tell us within 30 days of where it is secured. She didn't want to be taken to court by all 5 tenants so she dropped the eviction threats (which were all on her for giving us all different contract dates but was trying to force us to sign a joint contract with fixed terms)

 

Nevertheless, over my journey i have had to come to know a lot about landlord and tenancy law but there is still always so much to know! 

 

Thank you for the links, I will have a look through them. Re the case from 2012, It will take a lot of time and energy however, if i can get a care-leaver status then i'll be entitled to some help with claiming benefits whilst i study to help with extra costs. I hope Coram can help with this but we shall see, i'll be doing my best to get hold of whatever files i can myself too.

 

Thank you again for all the assistance and i'm happy i have found a platform to help with such things! 

 

[stu007]

Hi

 

Just thought I would pop in to see how you are doing with this.

[my own thoughts]

Hey Stu :)

 

Thank you for checking in. 

 

Since we last spoke, through Coram, i got an advocacy from children services in surrey. My SAR has been accepted and they will be responding to me by the 6th of March with all they have on me. 

 

RE my current situation, this all seems to be settling down and the landlady's piped down, thank fully. I'm keeping on top of my rent and bills and just focusing on my dissertation and last year of studies for my undergrad degree now. Feeling slightly less stressed hahah :)

 

I hope all is well with you and many thanks again for the support!

 

Best wishes, 

 

K.M

[stu007]

Hi

 

Thanks for the update it is appreciated and glad the Landlord is giving you some peace remember if they start up again just to pop back here and update us for further advice.

 

As for the other issue I can fully understand if you don't to discuss it here but if you do i as I have said it would be better to start a separate Topic on this but I fully appreciate your studies are more pressing at the moment.

 

I will keep my fingers crossed that you get the result you are after with your studies.

 

As a student please also let others know that CAG is here to help as we cover numerous areas that may impact students or anyone whether it be housing, benefits, parking tickets, debt, council, etc. our advice is completely free.

 

 

 

  

[my own thoughts]

Hey,

 

I cant thank you and Bankfodder enough for this service. Will be sharing it with people at uni as well as work! 

 

I will be taking your advice on board and hopefully Surrey Childeren Services get back to me soon. They said they would by the 8th of March and through Coram they have accepted my claim.. so good news on that front!

 

I will defo be in touch if anything else arises but for now, thank you and Bankfodder and everyone on this platform for providing us this service.

 

Best wishess,

 

KM

[dx100uk]

your situation regarding old data, shall we say, sounds very much like someone close to me.

 

as you were 15 at the time, your old school or it's local education authority will also hold all your information .

 

I did an sar upon their behalf and got everything back to primary school days inc all the statemented statements too.

this allowed them to get paid for sheltered housing by the new LA. she is now 35 and thriving well.

 

hth

 

dx

 

 

 

 

[my own thoughts]

funnily enough after sending this, my SAR has just come through, just awaiting on the email to verify my account and open up the details! hopefully this will be enough info to get help with being socially housed until i find better employment and have the finances to move into a new accommodation.

 

Im so glad to hear things went well for her and that she is living her best life now! i hope too also be there when i am that age ! hahaha, have a great day! 

 

best wishes and thanks again to all! 

 

Kx 

[stu007]

Hi

 

Thanks for the update and your kind comments.

 

With the social housing side don't just wait have a look at what different housing associations, council housing etc are in your area and get an application form from each one and fill it in and send it back to them this way you are at least on their housing list until you get the further information you are waiting on to provide to them to get you further up their waiting lists.

 

Remember if you move after applying to them and you are on their waiting list to notify them of a change of address.