i thought things couldnt get any worse

[weestar21]

well were being evicted just found out thsimorning, we have 24 days to be out!! Cant get an appointment with the housing till monday!
im shaking like mad cant stop crying so stressed out and dont have a clue what were going to do

sorry to moan again im just stuck and dont know what i can do, how and where am i going to move in 24 days with 2 kids grrrrrrrrrrr

someone up their really hates me

 

[chezzabell]

really sorry to hear that hun

im not sure of ur situation but have u tried the council??

 

[weestar21]

been trying with them for 2 years and got no where, now its all happening and get get an appointment till monday, it takes them 3 weeks to process the homeless aplication so i dont think they will have us a house when we are evicted

 

[lucylou]

That's awful weestar, that seems like such short notice

Surely the council would have to do something sooner as you have two children, they can't let you be homeless. Have you got any family that you could stay with?

I hope something comes along soon honey

 

[nikki1306]

I am pretty sure they have to give you more than 24 days notice hun,give the citizens advice a ring they should be able to tell you your rights xx

 

[Jaidy]

Hi hun,

We are in a similar situation to you.

We got given an eviction notice last month and by LAW you have to have 3 months notice (which is what we were given)

Go to Citizens Advice or your Solicitor asap and they will confirm this. Your Notice to Quit will be invalid. The earliest you will have to leave is 3 months from the date of the notice so your looking at early December which gives you more time.

We have to be out by October and still have heard nothing from the Council, until your on the doorstep with your bags packed and no where to go they just wont listen, its horrendous, OH and I have no idea what we will do at the end of next month.

We are keeping on to the council every week but they just dont want to listen cos at the moment we have a roof over our heads and thats all that matters its so unjust.

Please PM me if you need any advice, we need to stick together!

Best of luck, the main thing is to not panic because by law you will NOT have to be out that soon.

Hope this has helped

 

[chezzabell]

yes u have rights hun, try and ring CB today and im sure the council would not see u out on the street with 2 kids hun

 

[weestar21]

thanks girls but teh thing is we CANNOT AFFORD THE RENT FOR THIS MONTH wich makes it all worse. not only will we lose the £700 deposit we have no money to move either. We have to go to teh letting store to pick up the eviction nottice and they are wanting payment today and we just dont have it. The place that is dealing with the bankrupcy said it shouldnt matter if we dont pay as it will just be totald into teh bankrupcy and that is thir reason for evicting us and as far as im aware they have someone moving in on the 25th as they have paid their 6 months rent up front. Its all happening way to fast i just cant get my head round it and dont know wether im comming or going

 

[Lucy]

Hi Jean

Do you rent through a letting agent did you say? What's the notice period in your contract? Do you normally give them a months notice each time that you are going to stay for the next month?

Can you stay with your MIL temporarily until the bankrupt thingy comes through?

Thinking of you honey

Lucy x

 

[Tara & Liam]

the thing is you dont want to show the council that you have somewhere to live, (thats how it worked in London). They should give you an emergency temporary accomdation.

have you got somewhere to put all your belongs. i cant believe that this crap is happening to you after everything else.

do contact your citizens advice bureau, or the equivalent in scotland. let us know whats happening.xx

 

[Rosieroo]

No advice Weestar but I hope it gets sorted soon

 

[weestar21]

ok just back, basicly its just a waiting game now till we can get an appointment with the homeless officer but hoefully we should be offerd a house in teh next town as its slightly hard to get people to take houses up in their but ist ok cos his brothers gf lives their and all her family so at least we will know people.

A bit of good news is my OH has just been offerd a new JOb so starts a week on monday so at least all next week we can start packing up.

Cheeky ******* at teh letting store said that they are putting teh house up for let as of today so their will be people comming to view so the house MUST be spotless at all times i was like WTF we have 2 kids and trying to pack up no way will it be show house material grrrrrrr

got to go colbys screaming but will let yous know what happens on monday

xxxxx

 

[stephlw25]

aww hun im sorry your going through this, cant begin to imagine how stressed out you are.

Sending you a big hug.....

 

[Emmylou]

Hi, If you rent privately and the landlord (or agent) provides written notice to you, it has to be 2 full months notice by law, and not a day less. This includes a notice tyo quit, also it can;t be served to expire anytime before the end of your original fixed term. Also the notice does begin in until the first day of your tenancy month (if you moved in on the 25th of the month, then this is the date the 2 month notice starts etc. - check your tenancy agreement for the date.

You have children, so they cannot make you homeless, and at the end of the day if you refuse to surrender the tenancy because you have nowhere else to go, then they have to go through the courts to get you out, so that buys you a bit more time.

I obviously don't know your situation to be able to help you further, but this is my day job, i run my own letting agency with OH, so feel free to PM me or email at [email protected] if you want some advice. Our solicitors closes at 4pm, so if you can get back to me before then I will happily call them and get you some specific legal advice. Our solicitors only deal with landlord and tenant law so its the most accurate advice I could get for you.

I'll need to kow when you moved in, how long the agreement was for originally, what the current arrears are (is it just this months rent you're behind?) and what notices you have received prior to this.

Hope to hear from your weestar, but I think if they've given you such short notice, either something is wrong, or there is another notice that you may not have received.

 

[Emmylou]

With regards to viewings, make sure they give you at least 24 hours notice (and don't just turn up) and as for making sure the house is spotless, I think it is reasonable for them to ask for the house to be reasonably tidy but not spotless for gods sake! Cheeky b*st*rds! Also, tell them that you insist on being present for viewings, so they will have to organise a time around you.

 

[weestar21]

Hi, If you rent privately and the landlord (or agent) provides written notice to you, it has to be 2 full months notice by law, and not a day less. This includes a notice tyo quit, also it can;t be served to expire anytime before the end of your original fixed term. Also the notice does begin in until the first day of your tenancy month (if you moved in on the 25th of the month, then this is the date the 2 month notice starts etc. - check your tenancy agreement for the date.

You have children, so they cannot make you homeless, and at the end of the day if you refuse to surrender the tenancy because you have nowhere else to go, then they have to go through the courts to get you out, so that buys you a bit more time.

I obviously don't know your situation to be able to help you further, but this is my day job, i run my own letting agency with OH, so feel free to PM me or email at [email protected] if you want some advice. Our solicitors closes at 4pm, so if you can get back to me before then I will happily call them and get you some specific legal advice. Our solicitors only deal with landlord and tenant law so its the most accurate advice I could get for you.

I'll need to kow when you moved in, how long the agreement was for originally, what the current arrears are (is it just this months rent you're behind?) and what notices you have received prior to this.

Hope to hear from your weestar, but I think if they've given you such short notice, either something is wrong, or there is another notice that you may not have received.

We moved in here the 24th of november 2004, we had to pay 6 months up front. After that it was 6 months let at a time. On march this year my OH signed for another 1 year let thinking we would be ok and could afford to stay here that way we could try push for a council house.
It didnt work out that way

I rang them a few weeks ago to inqure about how we go about giving up our lease and how much nottice we would have to give ect but this was not under any circumstances us giving our nottice as its not in my name anyway. The guy i spoke to said he would get in contact with the landlord to see if they could put teh house back on teh market and to see if someone could take over the let.
However we got a call thismornings aying that our eviction nottice is sitting and we have to be out by 12 noon on the 25th of septembre. On th eviction nottice it clearly states that we have given our nottice wich was ballocks and that is why we will ahve to move out. Im not botherd about going because we couldnt afford this months rent @ £450 today anyway, but its the fact we only have 24 days to be packed and out.

fingers crossed we will have better news come monday, only thing is last time we applied for homelessness it took them 3 weeks to make a decision and 24 days is cutting it very short

 

[kayleighsmum]

big hugs hun, hope u get sorted out!

 

[Emmylou]

Couple of pointers for you then - You are on a fixed term contract, so any notice provided by either party can not expire earlier than the contract end date - unless someone else is found to move in for you. (This is not the case if you have a break clause - which it sounds that you may have if they have accepted your enquiry as notice).

Notice has to be provided in writing, so they cannot accept an enquiry over the phone as notice, ask them to send you a copy of your notice.

If you can't afford to pay your rent, no legal action can be taken until you are two full months in arrears - a judge wouldn't even look at it, once you are in 2 months arrears (doesn't count if you pay £450 pcm and only owe say £850), they have to serve you a section 21 b to commence court action, if you pay before the court date they cannot take you to court.

The law works more in favour to the tenant than the landlord, so you are protected (& more importantly any children). You could do with a court action notice to speed up the process at your council housing department in all honesty.

I know that if you are struggling to pay then you would be happy to move out, but if you have nowhere to go they cannot legally make you homeless - just don't give the keys back. If they hold a £700.00 deposit (as you previously mentioned) this can be held against any rent arrears.

My advice is to write to the letting agent, with one months notice to leave the property on 24th October (notice will kick in on 24th September), that way your deposit can be used for this months rent & most of next months rent. You will liable to pay them the additional £250.00 plus any costs for cleaning/ damage repair if there is any at the final inspection.

That way you have around 7/8 weeks to find somewhere to live, in the meantime, call the letting agent, when they can;t provide you with a copy of your notice, tell them that you will provide a months notice to move out in October, and then they will have no choice but to leave you in there - you have the legal upper hand.

If you don;t find anywhere by 24th October, then you can;t move out, we have had this situation before where a tenant was supposedto move out and we had a nother tenant lined up to move out, but the tenant had nowhere to go, and legally there was nothing we could do other than serve a 2 month notice for them to leave. We lost the new tenancy and there was nothing we could do about it - even though they had signed contracts, the previous tenants contract (which would be yours if you were in the same situation) superseded the new contract.

Sorry this is so long, I just wanted to reassure you that you are not committed to the 24 days, you need that extra time to be able to find somewhere else, and go through everything with the council, and you are entitled to it. The deposit can be used against any arrears, so if you are only outstanding the £450.00 from this monht, then you will onlyneed to pay another £250.00 to cover you until end of October.

 

[Emmylou]

section 21 b to commence court action

Sorry pregnancy brain & the fact that its late friday afternoon is causing me to confuse my notices, they would serve you a Section 8 notice, if you were within th e fixed term and they wanted to regain possession on the grounds of rent arrears.

Feel free to PM or email me at any time x

 

[Tara & Liam]

but emmylou is it the same law in scotland?