Temporary accomodation - what happens?

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    Temporary accomodation - what happens?

    Hello all.
    We are in a bit of a situation. Basically we moved in (private let) on an AST. This ended after six months but the landlord was happy for us to stay so we carried on as a month to month.
    About a year after that the property was sold and the new landlady wants us out so she can develop it as part of the home next door (which is why she got it).
    Fair enough - we've been looking for houses but so far have had no luck. As a bit of background, we are a large family - 6 kids. I'm no longer able to work because of a long standing health issue that's been developing over the years. Our eldest is also disabled and needs quite a lot of care.
    This obviously means we have to claim housing benefit - though we've been paying a large top up on the rent since we moved here just over two years ago and that's not a problem to keep up.
    The problem we are having is that there don't seem to be any landlords with houses in reasonable areas who will consider DSS - even though we're normal, well mannered people rather than the image most people seem to hold of benefit claimants.

    Now the big issue we have is that the local authority have said they have a duty to house us but no houses suitable which are available. This means they are likely to offer us temporary accomodation for 13 weeks.
    The place the accomodation is in is a truly terrible area and obviously having disabled people in the home it's not ideal to be somewhere there are likely to be issues.
    What I'm wondering is what happens after that 13 weeks runs out? I hope something reasonable has to be sorted out but I'm getting the sinking feeling that I've paid a lot of tax over my working life (12-15 hour days) and now I'm in need there's nothing there for me.
    Any help or info would be very welcome.
    Many thanks.
    Simon.

    #2
    I think that you should stay put its not your problem you new lanlord wants to develop your house make her go through the whole thing until she has to get the bsiliff in to get you out, by that time your council may have a place ready for you but do keep paying rent and be polite about it and meanwhile keep chasing the council for a pllace that will suit your family.

    and because you are disabled and have a dsabled son ask for the full six weeks before the bailiffs can come and get you out after she gets the posession order.

    Comment


      #3
      Agree with Mary:

      You've applied to council to be housed & to go on housing waiting list ?? (If not do so, formally). They normally run a joint waiting list (council & local housing associations..)

      Councils will do all they can to avoid spending money on rehousing people. They (usually) only have to after (in your circs..) have been evicted, court order for possession issued etc. Otherwise they'll explain you were "intentionally homeless" and they don't have to help.

      It is just possible they might, given your circumstances, do something earlier but DON'T MOVE OUT without a firm written offer of an acceptable property.

      Your tenancy continues on same terms as before, but with new LL. (They have given you formal notice of name & address etc??). If LL wants you out they must go through normal legal processes (court..)

      See excellent advice here..
      http://england.shelter.org.uk/get_ad...om_the_council
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Thanks for the replies.
        We have already been served notice and we've been on the waiting list for a couple of months prior to that. The new LL has been fair about it and gave us a bit of time after she got it to sort a place out. The local authority, however, say they won't give us full priority until we receive a court order stating a date when we have to be out.
        So far we have only had a letter from our LL's solicitor saying they intend to take it to court as the notice has now expired.
        Really though I feel it's a mute point to a great extent because we've been looking for a home for about five months now and nothing suitable has come up.
        I feel quite bad about it really because I feel as though I'm doing something wrong staying - though the CAB, local authority and everyone else I've spoken to seem to agree that we should stay as long as possible due to nothing else being available.
        We've never really had to go through anything with courts before so it's a bit intimidating.
        When we moved here we moved from a council house and weren't intending on moving again - at least until all the kids have grown up and we don't need the space. Ideally we would like to avoid all the upheaval of repeated moving from here to temporary then to... well I don't know.

        The largest worry I'm having is still what happens after the thirteen weeks of temporary accomodation runs out? Does that leave us on the streets, do we have to stay there longer or do the local authority have to find us something?

        Comment


          #5
          [QUOTE=simonandangela;303387]
          The local authority, however, say they won't give us full priority until we receive a court order stating a date when we have to be out.
          thats absolutely normal for most councils, usually they tell you to wait for the bailiff

          I feel quite bad about it really because I feel as though I'm doing something wrong staying -
          Well you should not feel bad so long as you pau the agreed rent you lanlord is not losing out and you are doing nothin wrong, you first priority has to be your family.


          though the CAB, local authority and everyone else I've spoken to seem to agree that we should stay as long as possible due to nothing else being available.
          and in your case they are right, it would be a different answer if you did not pay the rent but the s21 you must have had is called a no fault notice

          If you do end up in temp accom. then the council has already taken ressponsibility and you will have to be given somewhere but you might have to push them.

          Comment


            #6
            Originally posted by marymaryquitecontrary View Post
            ...........

            If you do end up in temp accom. then the council has already taken ressponsibility and you will have to be given somewhere but you might have to push them.
            err... not always, sorry.

            See this source...

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

            The system, the process, of having to wait for court order then "present yourself as imminently homeless", get put in temporary accomodation whilst council investigate tyour case is both ..
            a) daft, unsettling and not something I'd want to go through but..
            b) that's the process.

            Sadly for those who, for whatever reason, council decide are not entitled to assistance (the "5 tests"..
            http://england.shelter.org.uk/get_ad...ncil_enquiries
            *

            are homeless by definition of the Housing Act 1996 (as amended by the Homelessness Act 2002
            *

            are eligible for public funds (this is an Immigration issue)
            *

            are in priority need
            *

            are unintentionally homeless
            *

            have a local connection
            )
            can and are evicted from temporary accomodation with councils washing their hands of them.

            Suggest you call Shelter, 0808 800 4444 to get confirmation of your status & any other advice..

            Hope it works out, best of luck!!
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              are unintentionally homeless
              Surely that applys here.

              Comment


                #8
                Originally posted by marymaryquitecontrary View Post
                Surely that applys here.
                Clearly as the OP has described things, if they wait for Possession order (some council until Bailiff date is given..)yes, but, IMHO wrongly, many councils spend a lot of time & trouble checking...
                - ALL of the 5 tests ("Unintentionally Homeless" is but one...)
                - is there any other way they can avoid spending money on homlessness...

                I know of a large council in Southern England that within the last couple of years had a policy of offerring anyone presenting as homeless with the option of a train ticket to their home town.. (they've changed now I'm pleased to report..)

                Don't want to be gloomy, just ensure OP realises the difficulties that may be raised, often entirely unfairly.

                If you look at Government statistics e.g. here..
                http://www.communities.gov.uk/housin...cs/livetables/

                You see DRAMATIC drops in the reported number of homeless:

                The reality is different, the number of homeless sadly remains about the same, what the stats show is the effect of councils making sure people don't get accepted by the council for help...


                Hope it works out OP!!
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Thanks for the help, guys.
                  Sadly it looks like the local authority are more interested in checking if they can keep us off the list than helping us find a home. I had quite a nasty call from someone in homeless services today asking for allsorts to back up our case - including bank statements to make sure we haven't just run off with the rent.
                  I'm not going to have a problem getting it all but it's a lot of time and running about I could really do without in my situation. More than that I find it highly insulting to have it insinuated that I would be inclined to take money. Does this happen to everyone in this situation? I feel as though we're being treated like we have just arrived from prison or something.
                  I may not have money anymore but I still have pride and I really didn't like that.

                  Comment


                    #10
                    Unfortunately it is normal for the Council to ask for absolute proof of everything that you have said. There are some people out there who tell the Councils a pack of lies in the hope that they will get a place which has led to rules etc being tightened and everyone being treated with suspicion. Being behind on rent can (as I believe was previously said) be seem as making yourself intentionally homeless.

                    The fact that you have been offered temporary accommodation is a good sign, it means that the Council are believing you, they are so strapped for cash and housing now that they really will tell you straight if they can't help. Have you asked for full details of the temporary accom? It may just be B&B but you have the right to argue this if it has an adverse effect on disabilities or is not suitable.

                    Have you asked the Council if they operate a "Bond" scheme for Deposit? Basically they guarantee the LHA part of the rent, and the damage deposit (in my Borough 3 months rent). This can make LL's look more favourably. I did this last month and have found a fantastic house that meets the needs of my disability on a 5 year AST (with break clauses before someone jumps on that) The Council carried out adaptions and its written into the Bond that the Council will put these back at the end of the Tenancy if the LL requires

                    I know its not nice being in your situation but hang on in there, plenty of people on here will offer help and advice or just keep you sane along the way. As for feeling guilty about being in the property- don't. The lady knew what she was getting into when she purchased the property and very likely got it at a rather reduced price for it and as you will see from this Forum there are plenty of people out there willing to stay in properties with no intentions of ever paying a penny in rent.

                    Comment


                      #11
                      Based on very recent experience with a not connected to us tenant , like yesterday!!, please note that temporary accomodation is NOT a guarantee of something more permanent. I think, without checking, that it is limited to a maximum of 28 days in the first instance with no guarantee at the end. Housing options have an impossible job (as well as thankless) and agree with earlier posts that people (inc LLs) will lie through their teeth in order to reach a conclusion. Try and get yourself a single point of contact in HO and if possible with any verbally communication summerise it with an email and keep a diary. Always speak to your "personal" contact do not leave verbal messages. Again our experience is that sometimes within HO left and right hands are not joined. Within all these organisation is a Housing "Rights" officer. Find out who that is. Their primary job is to stop unlawful evicitions but also drag the process out for as long as possible!!

                      I am afraid that you will have to dance to their tune for awhile BUT as has been suggested earlier the charity SHELTER web site is excellent including interactive sections for determining your status.

                      good luck

                      Comment

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