How long do I have before I’m court evicted and homeless?

by Readers Question

9:30 AM, 2nd October 2014
About 4 years ago

How long do I have before I’m court evicted and homeless?

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How long do I have before I’m court evicted and homeless?

I have privately rented my house for 5 years now and landlord my originally told me I could stay here until December 2015 as she wasn’t selling house until then. However, she unexpectedly gave me notice to leave on 1st July with 2 months notice! How long do I have before I'm court evicted and homeless?

I have always paid my rent on time and I’m not in any arrears but I’m not in a very good financial position now as have recently separated from my husband and have our 5th baby due in less than 3 months. This is the worst timing ever for me!

I’ve been to the council to ask for help and I’ve been put on the housing register and advised by them to stay in the property even though my notice to leave has run out now. The Council have advised me to wait to hear from the courts to properly evict me but I’m so worried how long I have before me and my children are homeless and also bearing in mind I’m heavily pregnant the stress is really getting to me!

The landlord mentioned she had gone to the court today to get the papers to start the procedure to evict me and I’m wondering how long from now do you think I have before I actually have to leave?

The council said I will be given higher priority once I receive a court letter so I feel like it’s all just a waiting game. However, the council aren’t promising anything as they don’t have 4 bedroom houses easily available 🙁

I just need to have a realistic time in my mind as I really don’t have a clue about any of this!

Thank you

Vicky



Comments

Mark Alexander

9:38 AM, 2nd October 2014
About 4 years ago

Hi Vicky

I think the undue stress that the Council are heaping onto both you and your landlord is absolutely disgusting. Given your circumstances I would have thought you would be right at the top of their priority re-housing list so why are they putting both you and your landlord through this cruel mental this torture one has to wonder.

In answer to your question, it really depends on what area of the Country you are in and how busy the Courts are. You may have a couple of weeks, you may have several months. Also, if your landlord is desperate to sell quickly she may pay extra to take the eviction to order to the High Courts, in which case the Sheriffs Office could be appointed as opposed to Court Baliffs and they could have you on the streets without notice within just a few days after the possession order is granted.

Has your landlord got a buyer lined up already?

Are you and your landlord still on good terms?

Just a word of caution, make sure that you continue to honour your side of the contract. If you don't it could well come back to haunt you in years to come.
.

chris wright

12:22 PM, 2nd October 2014
About 4 years ago

its clear she's "homeless at home "- they don't need eviction to make a decision to help rehouse her, the trouble is she'll need a good housing lawyer to make the council act but in her situation then means legal aided route and as we know they've been cut to the bone. Lazy cost cutting council failing to apply the law and advice of the LGO (pretty sure they ruled on this sometime ago) - I suggest she gets local mp or councillor to bang on the desk and point out the bleeding obvious they might lift a finger if they think they're being watched. Other energy should be spent combing the LGO housing judgements as i'm fairly certain this has been covered - if anything the landlord could raise a complaint and if it gets to the LGO get ex-gratia payment for the unjust treatment.

12:32 PM, 2nd October 2014
About 4 years ago

Even though the s21 has been served, the council do not have any legal obligation to assist the tenant until she is 28days from homelessness, the council will expect a tnt to stay in a property until eviction because this satisfies part if the 5 legal tests of homelessness which is "you have no place that you are legally allowed to occupy" until a judge orders possession the tnt still has a legal right to occupy

I am not saying the council are right and i do see this exact situation daily, but it is how homeless legislation expects a person to be in curtain situations, is why the council are holding back

Ask the council if they have any Help-to-rent schemes where they will provide 1st month rent and deposit

If you are in receipt of housing benefit apply for a discretionary housing payment to help you move to another property

If the council do find a duty to house you under homeless regulations, you could be in interim accommodation, which is b&b, hotel or hostel

And they do not have to house you in your own area, if they find you a suitable house they can place you anywhere in the UK

Private renting or local housing associations maybe your best bet

Good luck x

AA Properties Wales

20:16 PM, 2nd October 2014
About 4 years ago

Hi Vicky,

100% of our tenants are housing benefit tenants, many vulnerable.

What I would do is phone the landlord, keep very civil. Tell her that you are willing to negotiate so that you receive two months rent if you leave within 4 weeks, and you want a good reference, and will leave her property in a condition that a new buyer will want. The council should have lists of local landlords that accept dhss. You should say to prospective new landlord that you have a higher LHA rate (local housing allowance rate) per your many children, this should give new landlord a bigger incentive to house you. You have to take responsibility for your future, and remember that your landlord is a human being trying to rightly protect her investment, and believe me, no landlord wants to take a tenant to court, but they are pushed into it.. SO now do your utmost best to find out what YOU are entitled to HB wise, then get out there to persuade a landlord to accept you. Good luck Vicky.

Kevin -AA Properties Wales

Nat Patel

18:26 PM, 5th October 2014
About 4 years ago

Hello, Be aware of Housing benefits tenants.Landlords always in trouble with council and rehousing tenants.I had similar case tenant did not paid rent .Gone in arrears and housing always advised not to leave ,even court order placed.After all we have to evict by bailiff's order then ,housing still advised them to ask for 14 days to find another accommodation.This is always the case .Landlords be Aware!!
They will delay and delay delay .many time they will not assist tenants too.They do not care about tenants nor Landlords.If anyone lucky good luck.


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