Facing Eviction with Disabilities and SEND Child – Urgent Need for Housing Advice

Phillips76

Hi everyone,

I’m posting here in the hope that someone may be able to offer support or advice.

We’re a disabled family living in Herefordshire. I receive enhanced rate PIP for both daily living and mobility, and our 14-year-old daughter receives DLA and is on a formal SEND plan. She also receives weekly counselling and sees the school nurse regularly for emotional and medical support.

We’re in Band B on the housing register and are bidding on properties each week — but we’re becoming increasingly desperate.

We were served an eviction notice and then discovered that the home we’ve lived in for five years was never legally eligible for residential letting. It has an agricultural occupancy restriction that we were never told about. We signed our tenancy in good faith — but the landlord and letting agent knowingly misrepresented the property. Now, instead of being protected, we’re being punished.

The Council has confirmed they won’t pursue action against the landlord or agent, as they say they don’t have the capacity. Meanwhile, they’ve told us we must stay in the property and allow the landlord to take us to court for possession, which will cost us around £400 in legal fees — money we do not have. The court process is causing immense stress for me, my husband (who is my carer), and especially for our daughter.

We are now moving our belongings into storage, as the landlord has threatened to enter the property unlawfully, and we’re frightened. We’re desperately hoping the landlord sticks to the legal route, but living in this uncertainty is taking a huge toll on our health.

We have been told that our Needs Assessment, Carer’s Assessment, and Occupational Therapy referral can only happen once we’re rehoused, but these are vital for proving what kind of property we need and ensuring it’s accessible and sustainable.

We are terrified about what temporary accommodation might look like — especially given my complex health conditions and our daughter’s needs. We don’t want to take from others in greater need, but we do want to ensure we’re doing everything possible to protect our family and access suitable, safe housing.

If anyone has experience with challenging this kind of injustice, or navigating housing and disability support in Herefordshire, please get in touch. We’re exhausted, frightened, and feel incredibly let down by a system that should have protected us.

With thanks

Kimi87

Have you spoken to Shelter for advice?

https://england.shelter.org.uk/get_help

You can also search for a local housing advice agency using this link:

https://advicefinder.turn2us.org.uk/

Your daughters school may be able to signpost further help.

Getting independent advice is vital because Councils do sometimes gatekeep, such is the demand for housing services.

To protect your safety I'd recommend changing the locks on your home, retaining the original lock/keys which you can replace before you leave. There are YouTube videos or you can get a professional.

Unfortunately the Councils advise is likely correct, if you leave without a court ordering you to go you will be classed as intentionally homeless, then the Council legally do not have to help you. Worry about the £400 later. It's more important not to exclude yourselves from housing help.

There is huge demand for social & temporary housing and the Council will be busy stretching resources for those who are already homeless, which is why they can very rarely offer much for those facing homelessness.

Albus_Scope

Hi @Phillips76 and welcome to the community.

I'm so sorry to hear about your situation, it seems very unfair on you all. Kimi has given some top advice there, Shelter would be the first port of call if it was me. I hope you can resolve this soon and with minimal stress to you and your family.

Phillips76

Thank you both so much for your advice and kindness. I am trying to contact Shelter and am looking through the Turn2us website. We are very grateful for your help.