Eviction

[mwesty1]

Good morning and merry Xmas, sadly mine has not been the best as explained below.
I have a month to month contract with my landlord for a room in a shared house. I have sadly been on sick leave for depression and got behind with my rent, the landlord gave me sometime to try and catch up but my situation didn't improve it actually got worse.
In October 25th landlord emailed me a section 21 notice to leave by 31st December. He did say if l had paid all arrears and got guarantor I could stay and carry on living here.
I have not been able to return to work and have no guarantor in place and mobody who will either help me money wise or guarantor wise.
I will owe £1600 as off 31st December with no way off paying, I have made a application for discretion payment off council which was turned down, I actually am sitting here with no options at all open too myself as all property's want deposit and month up front.
Can anyone suggest any help as l really do not want to be homeless to start the new year off

Regards
Mike

[seduraed]

Re: Eviction

Have you looked at caravan sites the rent is usually less although facilities are basic. Try speaking to a social worker or housing officer and ask them to get in touch with "the vicars relief fund" at St Martin in the fields. They make decisions and help with money in a few hours. Local YHA or YMCA or hostels can provide a low cost bed on a night by night basis. You may be able to get help from the local council and emergency accommodation. If you are getting housing benefit arrange to have it sent direct to your landlord. In fact if you are not doing g that speak to your landlord and see if he will let you stay with that arrangement in place.

[Diana M]

Re: Eviction

In October 25th landlord emailed me a section 21 notice to leave by 31st December. He did say if l had paid all arrears and got guarantor I could stay and carry on living here. . . .

I will owe £1600 as off 31st December with no way off paying, I have made a application for discretion payment off council which was turned down, I actually am sitting here with no options

. . . Can anyone suggest any help as l really do not want to be homeless to start the new year off

Hello

You will have options and you wont be evicted on New Year's Eve.

From what you say your Landlord has served you with a Section 21 Notice seeking possession of the property on 31st December. Your Landlord cannot take possession (throw you out) without first applying to the court for a possession Order. If he's successful in getting that court order he will then need to apply for an Eviction Warrant. These things take time.

When your Discretionary Housing Allowance was turned down did the Local Authority know you had received a s.21 Notice to Quit and why (rent arrears due to the LHA being insufficient to cover the basic rent)? You can, and should, appeal the DHA decision.

Ask Shelter for help on how to do this and also talk through your options. Call their free emergency helpline on 0808 800 4444. It's open 365 days a year so contact them today.

http://england.shelter.org.uk/get_ad...dvice_helpline

Things may look bleak right now but there is help out there for you.

Di

[Crazy council]

Re: Eviction

Hi

Is your landlord resident in the property ( probably not, but does make a difference if so) . Have you been making any payments since he gave you the notice.

You say your on a month to month contract, ?? when did you move in

[mwesty1]

Re: Eviction

Morning,
I have been here 3 years in total....the landlord does not live here but does have keys for my room. I am worried if lm not here and he gives me notice he will be entering the property he would come in and remove my things when l was not here and I wouldn't have any leverage then.
I explained to my council that l was in debt, that the landlord have issued me section 21 and that with no situation to have help from friends or family l would be homeless 31st December to which they still turned it down. I even said l would make a payment plan once l was back at work 2nd January onwards.
Do l need to notify landlord that lm not leaving as he will be coming on 31st expecting the room to be vacated


Regards
Mike

[Diana M]

Re: Eviction

Does your Landlord know that you'll be back at work 2nd January? Communication is key at times like these.

Will this mean your entitlement to HB might stop or if you've been claiming for the qualifying period you may be entitled to 'run on'?

You've previously said that he was being as tolerant as possible with the rent arrears issue but he may have a mortgage to pay on the property so needs to be reassured that the money will eventually arrive even if over a longer period of time than would be ideal.

It can be difficult to rent in the private sector without money for a deposit or a good reference from a previous Landlord but websites such as Gumtree advertise rooms/flats to let where there's a section for places where Landlords who don't demand a deposit post their properties. Just be careful and do your checks on them first.

Di

[Debt Camel]

Re: Eviction

How much less than the rent is the Housing Benefit you have been getting?

On what grounds was your DHP rejected?

Do you have other debts as well as rent arrears?

[Diana M]

Re: Eviction

I have been here 3 years in total....

I explained to my council that l was in debt, that the landlord have issued me section 21

Did you pay your Landlord a deposit when you moved in and was it protected in a Government recognised scheme?

If not (protected) then that Section 21 Notice may not be enforceable in court.

Di

[mwesty1]

Re: Eviction

Morning,

Thanks all for replies it really helps that l have advice.

Yes I told landlord l was back at work and offered him a payment plan to clear all debt and cover further rent, he refused this offer unlesss l could provide a guarantor which after asking all possible avenues I could not secure one.
I do have other debts on top of this so it's been a really tricky time with Xmas as well.
My application was turned down due to not being classed as a extreme circumstance which was basically not important enough in my opinion but I suppose there are worse off at this time of year than me!
My deposit was secured in a scheme and the paper is in my emails somewhere so l know he did it, the landlord has rang twice this morning and also emailed me to contact him urgently but l don't know how to approach him or even reply with what to say

Mike

[mwesty1]

Re: Eviction

Just to update l told landlord l was seeking advice and would be in touch, he has replied with this email

##

Mike,

We have tried to be as reasonable and accommodating as we can. Please speak to me first.

If you will not speak to me I have no choice but to take action.......as follows....

I will be at the house at 12 noon on Saturday to collect your £1200 arrears and your keys.

Failure to deliver either will result in Court papers being issued.

Please do not be tempted to go down this route - with legal fees, court costs and interest, your debt will probably double, and with a CCJ you will have great difficulty getting any form of private landlord accommodation or credit of any type.

Please call me.

Brian

[Diana M]

Re: Eviction

I see that email as harassment.

In it your Landlord acknowledges that if you don't leave voluntarily on Saturday he will have to seek possession through the court system. He clearly knows that's the only way he can lawfully get you to leave the property (and it will take time).

I think you should do what I suggested earlier and call Shelter's advice line. Hopefully you can make an appointment to see someone at one of their advice centres who may be able to contact your Landlord to remind him that harassment and unlawful eviction are both criminal offences.

How much is the deposit and if he kept that money would it be enough to clear the arrears? Most tenancy agreements allow the deposit to be used for this reason.

Are you still in receipt of HB/LHA and is it being paid direct to the Landlord (albeit there's a shortfall)?

Maybe you need to take a deep breath and call your Landlord before things escalate out of your control. He's asked you to call him. The tone of his email seems to be "talk to me" so maybe in the past he's felt a little in the dark about what is going on.

He needs to hear something positive.

Tell him you're returning to work. Tell him you're sorry you've caused him problems but you're doing your best to get things back on track. Tell him your HB continues (if that's the case) and that you will be appealing the council's decision to refuse you DHA (which would be backdated if successful). Tell him you've asked Shelter for advice and tell him what advice they gave you.

If you don't call him he'll be round your place on Saturday and if he does turn up you should call the police because unlawful eviction is a criminal offence.

He's under no obligation to keep you as a Tenant since you're now on a statutory periodic tenancy (according to your first post). He's entitled to give you notice but he's not entitled to break the law.

Good Luck

Di