Not sure if anyone can help with council

[sueham]

This is a long read so please bare with me. My daughters assured shorthold tenancy will come to an end on the 1st August 2022. She has been a tenant for 7 years without any problems. Both landlord and my daughter have agreed not to renew, she was in full time work until a year ago. Here's the reason why. My daughter has long term health issues. She has a heart complaint, she has rheumatoid arthritis, she also had a blood clot in her lungs in January which has led to her also being diagnosed with Pulmonary hypertension which in turns means she can't walk more than 20 metres without getting so breathless she has to sit down. Her medication for her rheumatoid arthritis leaves her with very little immunity. She hasn't been able to go up stairs for the pass year due to the fact that she has arthritis in one of her ankles which mean she walks on tip toe and has fallen down the stairs a number of times. Also the bathroom is downstairs. She cannot have oxygen according to her consultant because she has a gas hob (he said the law had changed not to allow oxygen where there is a gas hob or cooker). So she remains without. My daughter also has not been able to get out of the house because of steep steps that lead down to the property. Her mobility scooter cannot not be left on the narrow path as it also leads to her neighbours house. She also is under the mental health team due to depression. Now she joined the council list and was able to bid on suitable properties but none have come available as such as they were all 1st floor which means my daughter wouldn't be able to come up and down the stairs. She spoke to the council a month ago getting worried that she was unable to bid on 1st floor flats as she would be stuck like she is now getting out. She was told to ring back at the end of June and if she hadn't been offered anything they would start a crisis form for her. Now on contacting again the council she's now been told that they can no longer accommodate her because of her health issues (she feels discriminated against because of her health issues) and to seek private renting again. She has tried to rent again but the rents are so high it's impossible and also most are flats above the ground level. Council has also told her that her landlord has to evict her out but they still will not help her.

Also the council want her landlord to start evict and as she hasn't served the s21 notice (which I can't see why she would if the tenancy is due to run out) she's breaking the law. I just can't get my head around all of this.

I am at my wits end. I have told her to come to me but we live in a mobile home and it's for over 50s only so a short stay is all it could be. Anyone have any idea's on what to do as I feel sure that the council are discriminating against her as this is what was written in the last email from them...

we do not have the require/suitable housing you require and under homelessness if we had a duty to accommodate you it would be in emergency accommodation Ie bed and breakfast or self contained which is unlikely to be ground floor level access.

I feel this is wrong as they have already known about her health conditions and have all paperwork to confirm from the beginning

Can anyone point us in the right direction

[islandgirl]

I am sorry for your issues and understand how distressing this must be. However it seems totally normal for councils to insist that tenant stay put and for them not to provide any alternative housing until eviction which could take months. Have you contacted your local councillor and asked for help? I hope someone can come along with more information to help you soon.

[sueham]

But why would eviction be needed when daughter's tenancy has come or will come to an end on the 1st August. Do all private landlords have to use eviction to get their property back. It doesn't make sense to me as a contract is or will be ended on this date. Also daughter has to sleep on settee as it's an open plan house and front door opens into the living space. Landlord will not adapt anything and the council knew this when daughter sent everything to them including photo's and medical letters also stating she sleeps on the settee

[islandgirl]

This is simply a fact. I agree it is wrong and unfair but very very common. Councils do not have enough housing. They keep tenants in houses throughout the court process (yes it costs money as the court fees for eviction are for the tenants account in the end) but the councils have no places to offer. When eviction finally happens 6 months down the line they will move the evicted person into Emergency Accommodation. No private landlords do not have to use eviction procedures if the tenant leaves at the end of the contract by mutual arrangement. However when a tenant requires rehousing by a local authority it is an entirely different matter. Believe me Landlords hate this situation just as much as tenants when they are desperately trying to regain possession of their property. It is the council which keeps the tenant in the house until the last minute..You may be lucky and a suitable property may become free and be allocated to your daughter in the meantime. I truly hope this is the case.

Edit: quote from a thread on the Landlordzone forum: If you server a section 21 notice, the council will tell your tenant to stay put until the bailiffs are booked.

Have a look at that forum and search the threads for "council stay put" or similar and see what comes up. This is the usual way councils deal with this situation.

[dslippy]

A frightening situation
The tenancy does not come to an end entirely. She has the right to a continuing tenancy from month to month, and therefore she is not homeless.
The requirement for a possession order is standard
She needs to be carteful what she asks for. Yes, once homeless, yes, the LA has a duty to rehouse her in suitable accomodation, but it does not have a magic wand or a ready supply of houses. Getting an appropriate residence meeting her requirements will not be at all easy.