How long will it take for me to be put out on the street?

[AdrenalCortex]

Hi, I'm a disabled person in my 30s who has accrued substantial arrears (6 months) due to my ex partner's financial abuse. 

Although my ex partner is now being prosecuted for domestic abuse and no longer resides here it's too late for me to save my tenancy.  I am paying my rent now that the ex has left (it was a joint tenancy) and I am paying down the arrears via installments but the landlord has just sent me a Section 8 Notice to Quit.

 

Being disabled and unfit for work and obviously not being able to get a reference from my current landlord due to the arrears, I am having no success finding anywhere to move to.

 

The Section 8 Notice gives 4 weeks notice which is correct as that it was the law requires where the arrears are 6 months or more.  As of today my arrears are at 5 months.

 

I've contacted the Council's Homeless Prevention Team with no luck -- they never answer the phone or respond to emails.  I've used whatever money I could scrap up to pay down my arrears and pay my current rent so I have no money now for a  month's advance rent and 5 weeks security deposit for a new place.

Presumably I can't be physically dragged out of this flat until the Possession Order is in place?  REalistically how long is it likely to take for this case to get to court and for the Possession Order to be granted?

 

I'm wondering if if there is a backlog for a court hearing date this might give me time to have paid off the entire arrears or at least gotten it down to below 2 months?  I've never been in a situation like this before so have no idea how long it takes for eviction proceedings to actually get a hearing date?  Couple of months?  6 months?  Any ideas?

 

I have no idea whatsoever what to do and presumably I will just get hauled out onto the street on the day with my furniture and have to sleep on the street?

[AndyOrch]

Hi and Welcome to the forum

 

Im sorry to hear of the problems your facing.What kind of tenancy agreement do you hold?  Assured or assured shorthold tenancy. ?

A section 8 notice is only valid if you have one or the other.

 

For information ......

 

https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/check-your-section-8-notice/

 

Andy

[AdrenalCortex]

34 minutes ago, Andyorch said:

Hi and Welcome to the forum

 

Im sorry to hear of the problems your facing.What kind of tenancy agreement do you hold?  Assured or assured shorthold tenancy. ?

A section 8 notice is only valid if you have one or the other.

 

For information ......

 

https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/check-your-section-8-notice/

 

Andy

Yes the Section 8 Notice is definitely valid.  I am on AST that runs out in 2022.

Any ideas re likely timeline to the case actually going to court and being physically thrown out on the street?

[AndyOrch]

Varies on what actions you take...if you dont leave he will have to get a possession order..that may be another 12 months or longer due to the backlog......read the link I have posted. 

[AdrenalCortex]

21 minutes ago, Andyorch said:

Varies on what actions you take...if you dont leave he will have to get a possession order..that may be another 12 months or longer due to the backlog......read the link I have posted. 

Thanks for the link.  It just confirms what I already know --- that the landlord's SEction 8 is valid and that because of the amount of my arrears it's a "mandatory" ground and the judge will have no choice but to grant them a Possession Order.

[AndyOrch]

Then you need to start preparing for the eviction.

 

https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/get-help-if-youre-being-evicted-england/

[AdrenalCortex]

2 minutes ago, Andyorch said:

Then you need to start preparing for the eviction.

 

https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/get-help-if-youre-being-evicted-england/

This is from my original post:

 

"Being disabled and unfit for work and obviously not being able to get a reference from my current landlord due to the arrears, I am having no success finding anywhere to move to.

 

The Section 8 Notice gives 4 weeks notice which is correct as that it was the law requires where the arrears are 6 months or more.  As of today my arrears are at 5 months.

 

I've contacted the Council's Homeless Prevention Team with no luck -- they never answer the phone or respond to emails.  I've used whatever money I could scrap up to pay down my arrears and pay my current rent so I have no money now for a  month's advance rent and 5 weeks security deposit for a new place.

Presumably I can't be physically dragged out of this flat until the Possession Order is in place?  Realistically how long is it likely to take for this case to get to court and for the Possession Order to be granted?"

[AndyOrch]

Yes I appreciate that......but you will be at stalemate if you dont seek elsewhere...the Council have a duty to re home you ..you must keep trying...every hour on the hour....or get a friend to take you to their offices. 

[AdrenalCortex]

14 minutes ago, Andyorch said:

Yes I appreciate that......but you will be at stalemate if you dont seek elsewhere...the Council have a duty to re home you ..you must keep trying...every hour on the hour....or get a friend to take you to their offices. 

Thanks.  So your advice is to keep trying to contact the council?

[AndyOrch]

Yes or Shelter 

 

https://england.shelter.org.uk/get_help

 

Possession proceedings during the Coronavirus (COVID-19) outbreak We strongly advise landlords not to commence or continue possession proceedings during this challenging time without a very good reason to do so. It is essential that we work together during these unprecedented times to keep each other safe. We have made regulations extending the provisions of the Coronavirus Act 2020, meaning that from 29 August 2020 landlords will not be able to start possession proceedings in most circumstances unless they have given their tenants six months’ notice. Shorter notice periods will apply to certain cases where the landlord wants to evict the tenant because of rent arrears of 6 months or more, anti-social behaviour, domestic abuse or fraud. This guidance reflects the main modifications that the Coronavirus Act, as amended, makes to the notice requirements for a landlord seeking possession of their property under section 83 of the Housing Act 1985 and sections 8 and 21 of the Housing Act 1988. It sets out how landlords should give notice under those provisions and the forms they should use. (See Section 81 and Schedule 29 of the Coronavirus Act 2020 as amended by the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020).

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913301/Technical_Guidance_on_Eviction_Notices_August_update.pdf

[45002]

1 hour ago, Andyorch said:

Yes I appreciate that......but you will be at stalemate if you dont seek elsewhere...the Council have a duty to re home you ..you must keep trying...every hour on the hour....or get a friend to take you to their offices. 

If only it was that simple.

 

There no duty on councils when it comes to rent arrears, most councils won't even look at cases for rent arrears re S8.

 

OP has said they disabled/suffered financial abuse from ex partner, the best the OP could hope for is maybe bed and breakfast while on a waiting list for a new home or looking for one.

 

Regarding repossession of the property this could be anything from 6 months to a year maybe longer, No one really knows

 

AdrenalCortex , you need to read the link as post two and start preparing for the eviction....

Edited September 14, 2020 by 45002

[AdrenalCortex]

42 minutes ago, 45002 said:

If only it was that simple.

 

There no duty on councils when it comes to rent arrears, most councils won't even look at cases for rent arrears re S8.

 

OP has said they disabled/suffered financial abuse from ex partner, the best the OP could hope for is maybe bed and breakfast while on a waiting list for a new home or looking for one.

 

Regarding repossession of the property this could be anything from 6 months to a year maybe longer, No one really knows

 

AdrenalCortex , you need to read the link as post two and start preparing for the eviction....

Do you work for a council housing dept?