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Eviction from temporary accommodation
I approached my local authority (Kettering Council) back in September 2018 with a homelessness application due to the fact I had been issued a section 21 to leave current accommodation due to the landlord wanting to sell the property. We are a family of 3 adults. We all work full time (low income) and don't claim benefits
I am an insulin dependent diabetic and I need access to a fridge 24 hours a day to store my insulin. I am on medication for High Blood Pressure, Cholesterol, Anemia and Depression.
My partner is on Depression medication and has a number of other problems.
My partner's son is diagnosed with Bipolar and is on numerous medications and has a therapy cat. He tried to take his life the first time we were evicted.
We were provided with interim accommodation on 4th October 2018. We were accepted as being owed the main housing duty under S193 on 30th October 2019. We have now been in temporary accommodation for 2 years and 3 months. We were provided with a Non-Secure Tenancy.
We were then contacted early 2020 by someone at the council who offered us our property on a permanent basis. We were absolutely overjoyed. Some days later however, she contacted us again to say that we won't be keeping the house after all!!!! We were VERY angry. They had put us in a 3 bedroom temporary council property but claimed they "didn't know" it was 3 bedroomed and so we couldn't keep it because there are only 3 of us. Even when we went to sign for the house, they knew it was 3 bedroomed, especially since they own it!
We were unable to bid on council properties for some reason but was later told it was something to do with a "DIRECT OFFER", we were offered a property on 16th July 2020 (The only one we have ever been offered) We refused the property due to a risk to our lives and happiness. Our son was once in trouble for dealing drugs three years ago. He told us that if we accepted this property (which was one of his main dealing tenants and dealt to 3 flats in this particular block), then we could be at risk of violence, and myself and my partner would not be comfortable and would be living in fear. Also my partner works in a supermarket which gets shoplifters on a regular basis. One notorious shoplifter is a resident at those flats. We only found this out because a regular customer of the supermarket knows him and told us he lives in the same block of flats as the one offered to us. After being confronted by my partner during a theft, this particular thief threatened her and said he would "kill her if he ever saw her out". These thefts rarely get reported to the police because they refuse to attend due to not having enough officers. Therefore because of this, we refused the property. The council discharged its S193 duty on 21st July 2020.
On 31st July 2020, we met with the Housing Solutions Manager and Homelessness Manager to request a REVIEW of the decision. We provided all the information asked for and we also supplied doctors letters to confirm our health conditions and the fact we NEED to have safe, secure accommodation and our doctors asked the council if they would be kind enough to offer us another property as the one offered was risky due to my partners son's behaviour and the threats to my partner. The review process was supposed to take no more than 8 weeks, but it took the council just under 18 weeks!!! The review decision was still upheld by the council on 13th November 2020. We were told they would still offer some assistance in obtaining accommodation in the PRIVATE sector and agreed to continue housing us for upto 4 weeks. I might add that they have not provided ANY assistance with trying to find private, we have done all the work ourselves. We have been unable to secure private property because none of us can pass a credit check + the lack of available properties and no access to a guarantor. We have even offered 6 months up front rent but still get refused. We have tried and tried and have forwarded all our applications for property back to the council to show we are making an effort.
We was then given a date of 21st December to leave our temporary home but then it was moved to 4th January 2021 (today)
A council officer turned up at our door this afternoon to take possession. I told him that all 3 of us have serious health conditions + the fact we are in a pandemic + the fact we have been unable to secure another property and that putting us on the street would be illegal. He also shrugged his shoulders when I told him about our health conditions and said they would not be taken into account with regards to this eviction. I told him that he needs to go to court to get a possession order but he said that they don't have to because we are in temporary housing and we are not protected by law. I contacted Citizens Advice and they confirmed the council was right. I then contacted SHELTER and they claim the council is totally wrong. I spoke to a "free initial meeting" solicitor 2 weeks before Christmas and he said the council did indeed need a court order. Therefore I don't know who to believe!!
He then said we could stay a further 7 days because of Covid, but ONLY because of Covid, but that we would have to leave by the 11th. He said that when he next comes to the house, he will be bringing a locksmith to change the locks and the Police for assistance. I told him we can't find a private rented property but he was uninterested. So at the moment, he is expected to come back on 11th January 2021.
We tried to appoint a solicitor but none of them take legal aid, which we qualify for as we are on a low income. We need legal advice and I do believe that KBC are acting unlawfully with a number of issues.
The distress that has been caused to us over the last 2.5 years has been phenomenal. We have all contemplated suicide a number of times and we are now at the point where I think its our only option. Hopefully you might be able to give us a little good news and if we have a case. The treatment we have received is disgusting to say the least.
I also came across a case "Dacorum Borough Council v Bucknell (2017) EWHC 2094 (QB) and wondered if this could help us at all. especially with regard to "Dwelling" (We have been in temporary accommodation for over 2 years and 3 months) and the fact her council gave her a notice to quit and then brought "POSSESSION PROCEEDINGS" to leave temporary accommodation (something our council reckons they don't need) After the case, the ruling was quashed.
http://www.bailii.org/ew/cases/EWHC/QB/2017/2094.html
Received from Kettering council today - “It is not an option for you to continue occupying and the Council is not required to obtain a possession order as your accommodation is not covered by the Protection from Eviction Act 1977 and the Coronavirus Act 2020.”
I am an insulin dependent diabetic and I need access to a fridge 24 hours a day to store my insulin. I am on medication for High Blood Pressure, Cholesterol, Anemia and Depression.
My partner is on Depression medication and has a number of other problems.
My partner's son is diagnosed with Bipolar and is on numerous medications and has a therapy cat. He tried to take his life the first time we were evicted.
We were provided with interim accommodation on 4th October 2018. We were accepted as being owed the main housing duty under S193 on 30th October 2019. We have now been in temporary accommodation for 2 years and 3 months. We were provided with a Non-Secure Tenancy.
We were then contacted early 2020 by someone at the council who offered us our property on a permanent basis. We were absolutely overjoyed. Some days later however, she contacted us again to say that we won't be keeping the house after all!!!! We were VERY angry. They had put us in a 3 bedroom temporary council property but claimed they "didn't know" it was 3 bedroomed and so we couldn't keep it because there are only 3 of us. Even when we went to sign for the house, they knew it was 3 bedroomed, especially since they own it!
We were unable to bid on council properties for some reason but was later told it was something to do with a "DIRECT OFFER", we were offered a property on 16th July 2020 (The only one we have ever been offered) We refused the property due to a risk to our lives and happiness. Our son was once in trouble for dealing drugs three years ago. He told us that if we accepted this property (which was one of his main dealing tenants and dealt to 3 flats in this particular block), then we could be at risk of violence, and myself and my partner would not be comfortable and would be living in fear. Also my partner works in a supermarket which gets shoplifters on a regular basis. One notorious shoplifter is a resident at those flats. We only found this out because a regular customer of the supermarket knows him and told us he lives in the same block of flats as the one offered to us. After being confronted by my partner during a theft, this particular thief threatened her and said he would "kill her if he ever saw her out". These thefts rarely get reported to the police because they refuse to attend due to not having enough officers. Therefore because of this, we refused the property. The council discharged its S193 duty on 21st July 2020.
On 31st July 2020, we met with the Housing Solutions Manager and Homelessness Manager to request a REVIEW of the decision. We provided all the information asked for and we also supplied doctors letters to confirm our health conditions and the fact we NEED to have safe, secure accommodation and our doctors asked the council if they would be kind enough to offer us another property as the one offered was risky due to my partners son's behaviour and the threats to my partner. The review process was supposed to take no more than 8 weeks, but it took the council just under 18 weeks!!! The review decision was still upheld by the council on 13th November 2020. We were told they would still offer some assistance in obtaining accommodation in the PRIVATE sector and agreed to continue housing us for upto 4 weeks. I might add that they have not provided ANY assistance with trying to find private, we have done all the work ourselves. We have been unable to secure private property because none of us can pass a credit check + the lack of available properties and no access to a guarantor. We have even offered 6 months up front rent but still get refused. We have tried and tried and have forwarded all our applications for property back to the council to show we are making an effort.
We was then given a date of 21st December to leave our temporary home but then it was moved to 4th January 2021 (today)
A council officer turned up at our door this afternoon to take possession. I told him that all 3 of us have serious health conditions + the fact we are in a pandemic + the fact we have been unable to secure another property and that putting us on the street would be illegal. He also shrugged his shoulders when I told him about our health conditions and said they would not be taken into account with regards to this eviction. I told him that he needs to go to court to get a possession order but he said that they don't have to because we are in temporary housing and we are not protected by law. I contacted Citizens Advice and they confirmed the council was right. I then contacted SHELTER and they claim the council is totally wrong. I spoke to a "free initial meeting" solicitor 2 weeks before Christmas and he said the council did indeed need a court order. Therefore I don't know who to believe!!
He then said we could stay a further 7 days because of Covid, but ONLY because of Covid, but that we would have to leave by the 11th. He said that when he next comes to the house, he will be bringing a locksmith to change the locks and the Police for assistance. I told him we can't find a private rented property but he was uninterested. So at the moment, he is expected to come back on 11th January 2021.
We tried to appoint a solicitor but none of them take legal aid, which we qualify for as we are on a low income. We need legal advice and I do believe that KBC are acting unlawfully with a number of issues.
The distress that has been caused to us over the last 2.5 years has been phenomenal. We have all contemplated suicide a number of times and we are now at the point where I think its our only option. Hopefully you might be able to give us a little good news and if we have a case. The treatment we have received is disgusting to say the least.
I also came across a case "Dacorum Borough Council v Bucknell (2017) EWHC 2094 (QB) and wondered if this could help us at all. especially with regard to "Dwelling" (We have been in temporary accommodation for over 2 years and 3 months) and the fact her council gave her a notice to quit and then brought "POSSESSION PROCEEDINGS" to leave temporary accommodation (something our council reckons they don't need) After the case, the ruling was quashed.
http://www.bailii.org/ew/cases/EWHC/QB/2017/2094.html
Received from Kettering council today - “It is not an option for you to continue occupying and the Council is not required to obtain a possession order as your accommodation is not covered by the Protection from Eviction Act 1977 and the Coronavirus Act 2020.”
