Homeless, but not homeless

[Lavatube]

Hi everyone,

 

I'm going to try and cut a long story short.

 

It all started on 1st October last year when my landlord sent me an email out of the blue, saying he wanted to sell the house I'm living in. I'm a private tenant and I've lived here nearly 11 years and my life just fell apart. I also was given 2 months notice.

 

Just briefly, I'm disabled, agoraphobic, suffer with my mental health also, and my bedroom is my life, it's my little world and I hate coming out of it, except to go into my son's bedroom about 10 steps away to talk to him.

 

After it sank in I got straight on the internet to find out what the heck was going to happen to me and my 21-year old son. After trolling the internet I found out (amongst other things) that I needed to contact my local council and speak to a homeless officer.

 

I did this and spoke with him, sent him the emails he requested what my landlord had sent me me blah, blah, blah. He then told me he'd sent an email to my landlord to tell him that the notice that he had given me was illegal. But by this time it was near the end of the two months notice anyway 

 

I received a Section 21 off my landlord on the 8th of December (via RM special delivery) to which I sent a copy immediately to my homeless housing officer (also a Shelter officer). I never got a reply at all. He didn't even reply to to an email from a Shelter representative or even emails from his duty desk telling him that I had been trying to contact him. 

 

and by this time there is only approximately 30 days left on my notice on my Section 21 and I have no idea if I am classed as homeless or not, because he has told me nothing and is not helping me. It's also been approximately 40 days since he received the Section 21 on the 8th of December. Oh and this is the short version!

 

I would be so so grateful for any help anybody can give me.

 

Thanks in advance

[dx100uk]

have you contacted shelter directly?

 

 

[Lavatube]

Hi dx,

Tyvm for replying. Yes I have spoken to a lady directly when I got my "illegal notice" off my LL on 1st October last year. I also sent her a copy of my Section 21 on the same day I received it. 

 

I again contacted them in hysterics on 15th December when I wasn't getting any reply from my homeless housing officer or anybody really. The lady emailed me back to let me know he was on holiday, but back on 20th December. 

 

When he finally did contact me on 14th January, he acted like he didn't even know I had sent him a copy of my Section 21 on the 8th December! I was furious to say the least and really sarcastic in a couple of emails I sent to him (I know I shouldn't have done it but I just can't help it sometimes) to which he replied in one to treat him with respect!!!! Wow the cheek of it! I mean at the end of the day he hasn't been doing his job properly for me! 

 

Thanks again,

Lava

[unclebulgaria67]

In this situation, you are not homeless until the eviction takes place and you are given confirmation notice that you can take to the Council to request emergency housing. But according to Shelter

 

When the council must help

You can ask your council for help before court action starts.

The council must look into your situation if:

• you can't afford to stay in your home

• your section 21 ends in less than 8 weeks

 

If the Council and Landlord or not fully aware of your health vulnerabilities, get a letter from your Doctors that you can send to them. Hopefully the Doctors letter will help the Council and Landlord ensure that your housing move is handled as best as it can be.

 

Step by step guide from Shelter

 

Section 21 eviction - Shelter England

ENGLAND.SHELTER.ORG.UK

---

Find out what a section 21 eviction is and the process private landlords must follow to end an assured shorthold tenancy.

 

[Homer67]

It seems that your landlord has acted legally by giving you notice then serving a section 21 notice, what grounds do you believe the landlord has acted illegally on?

 

 

[Lavatube]

Hi Uncle and Homer,

 

Thanks for your replies. To uncle see that's what I don't understand as well. One place is telling me I am classed as homeless as my Section 21 now runs out in under 56 days (26 days nows) yet another place is telling me, what you are saying, that I'm not homeless until I'm evicted!

 

My homeless housing officer has already told me not to leave my home and stay put, which I have no intention of leaving anyway at the moment. But I think it's so unfair and wrong of the council to expect me to stay through the whole possession experience and then pay for the court costs that I will probably get stung with at the end. I'm only staying because the council is gatekeeping me and I really have nowhere else to go.

 

I'm also trying so hard to find a private LL again (and have been doing since 1st October) but have literally only found 2 LLs that will accept HB and none that will accept dogs. I have 2 1 year old German Shepherd puppies. I have a deposit and first months rent if needed, but this doesn't seem to matter.

 

To Homer I don't believe that my LL has acted illegally on anything now. He did previously with just giving me 2 months notice without doing it via a Section 21. I honestly didn't know any of this when he sent me the email telling me he wanted to sell up and I basically had 2 months to leave. It was only through googling the internet that I eventually realised he couldn't just evict me without the proper legal documents.

 

Thanks again,

Lava

[unclebulgaria67]

Councils do make people wait for the landlords to evict using bailiffs.  The landlord incurs the Court and bailiff costs. Sure they do this to buy time, so when you do need help it is weeks or months later.

 

Suggest Doctors letter to Council and Landlord as mentioned, so they cannot say that they were not aware you had health vulnerabilities.

 

You may be better to ask Council for social Housing association options in your area.

[Lavatube]

Hi again uncle,

 

Tyvm for replying again. Well I'm not one to just sit around and wait. Which can be a real pain in the posterior tbh. So I put in a complaint against my homeless housing officer for ignoring my emails etc for over a month. As you know time is of the essence for me.

 

I received a phone call from his manager tonight, who was extremely apologetic and really nice tbh. The end result he would basically speak to my hho and speed things up for me and oversee my case now. He also promised me that me and my son would not be put in a local hostel as we are a family. This was something that was scaring the life out of me as I have heard sooooo many bad stories about the place. Oh he also said he wouldn't gatekeep me. Hmmm we shall see.

 

With regards to a doctors letter, I have got absolutely no chance! My doctor is not a very nice man. That's IMHO. I phoned him a while back telling him my mental health was spiralling out of control because of what is happening and he was like, "well it will, what do you expect?" and he can't/won't help me with my housing issues etc. It was basically put up and shut up off him. 

 

Now my LL and I are on good terms and always have been. We did have a bit of a bumpy week or so when I originally received my illegal notice as I didn't believe anything his was telling me, but we solved that and have moved forward. 

 

He is well aware that I am disabled, agoraphobic, and housebound as I have asked him if OT could put handrails, and a backdoor step in his house and also if I could install a chairlift. He said yes btw. So I really have no need of a doctors letter to him.

 

There is a list of HAs on the councils website and I have emailed everyone that was applicable to me. I have received only 4 replies to date and only 1 of them had an open list. The open one seem to only have 1 bedroomed properties upto now. But I will keep checking.

 

Is there anything else I can do? There must be so many things I'm missing out. I'm going mad just sitting around all the time and waiting for the days to pass by! Waiting for the 14th of February when my Section 21 runs out. Then knowing I have to wait again for my LL to take me to court for a possession order. Then probably waiting again for my LL then having to get the bailiffs in to get me out,  as the council will probably make me stay even though they say they won't.

 

I'm so sick of crying, having terrible terrible panic attacks, not eating, sleep up the wall, being sick, etc, etc.

 

Thanks again,

Lava

[unclebulgaria67]

Have you had a benefits review with Citizens Advice recently ?  Might be worth doing so.

[Lavatube]

Hi again uncle,

 

Tyvm for replying again. That's something I never even thought about. Ty for giving me the idea. I will find the phone number I need and when my carer comes on Friday I will ask her to phone them. I'm really deaf and can't hear what people are saying to me on the phone, so I have to have my carer make the calls with me there.

 

Thanks again,

Lava

[stu007]

Hi

 

As for the Doctors Surgery are their other Doctors than just this one you have been dealing with? (if so request to be moved to another Doctor in that Surgery)

 

As for the way this Doctor spoke to you, you do not have to accept that at all and you should make a Formal Complaint to that Surgeries Practice Manager about this Doctors attitude towards you. (check that Doctors Surgeries website about making a complaint)

 

If you have Recorded Medical Condition and you are asking for these in writing to provide to the Council due to your present situation they will need your express permission to do so due to DPA/GDPR. (note all Doctors Surgeries are different and may charge for such a letter so make sure and ask beforehand of any costs involved)

[Lavatube]

Hi Stu007,

 

Tyvm for your message. I have tried to change doctors a few times over the last few years, but my doctors doesn't allow it for some reason.

 

As for the way he speaks to me, I have thought about putting a complaint in against him in the past because of his attitude, but decided against it as he would probably treat me even worse. I'm just thinking when I phone the doctors for a consultation in the future I will ask to speak to another doctor.

 

Thanks again,

Lava