Received a letter from landlord avising 2 months to Vacate

charlie79
charlie79 Online Community Member Posts: 325 Empowering
Good Evening,
Its been a while since I have been on here but not been in a good place at all.
I am under cmht and have a care coordinator and a peer social worker. 
I suffer from severe trust issues and housebound by agoraphobia.
Due to trauma have PTSD of a bad event. So severe trust issues. I cant answer my phone and have a severe fear of social media and internet and cant answer my phone.
All my visits from support are home visits and apt made by text. 
So all communication to outside world i rely on them.
Yes I know I am on scope but there is a trust with this site and an endearment of all the people on scope as have saved me many times.
I am have suicidal tendencies and recent events of self harm to cope with my issues which the cmht is helping me with one day at a time.  

CMHT is currently helping me with my debts as well. I am in a process of them seeing which is best course of action DRO IVA or repayment plan as they exceed over £6000.

i recieved a letter on Friday 17/2/23 mid day hand delivered thought initially was a debt letter posted through letter box. Until I realised when opened it.
It said my notice to vacate property was being issued under section 21 and had to vacate by 23/4/23. 
It also stated that if I agree to vacate on or before 23/4/23 that my landlord would give a gesture of £10,000 on the date I leave if the flat was cosmetically acceptable with agent viewing it and keys handed to agent. If all was fine then the landlord would there and then transfer the funds directly into my account. 
If I accepted offer I would have until 5pm on the 28/2/23 to notify them I accept or offer of funds would not be on table and void 

On Monday 20/2/22 I saw my care coordinator and gave her letter. I wrote a letter and signed giving permission for my care coordinator to speak to solicitors on my behalf.

I have text the cmht today who via text advised that they cannot seek legal advise or advise me about £10,000. Its Monday 27/2/22. Surely someone could let me know before they cant advise.

Do I accept £10,000 to vacate 23/4/22 or do I by signing it make myself intentionally homeless. I am vunerable and haven't left my flat in 7 years. What do I do.

Im just feel like Alice in Wonderland and time is catching up faster than I am. 

Comments

  • newborn
    newborn Online Community Member Posts: 828 Trailblazing
    You can get advice from Scope experts, from Shelter, and fromthe council's housing unit, but on the face of it it would seem you have nothing to gain by refusing the offer, because the landlord will get you out anyway, but just spend all that same money on court costs if you try to drag it out, or if he has to clean up after you leave the place.

    This offer seems very reasonable for all concerned. Whatever you do and wherever you go you will sooner or later be in the same boat, or out on the same pavement,  wanting a place to live. But one way, you have plenty of funds and two months to get things arranged. The other way, you have no funds, a load of debt (not a good look when approaching a new landlord) and the bailliffs turn you out.

     You can clear all debt, have £4,000 in hand to set yourself up in a new home, and it would seem unlikely you could legally and reasonably be called 'intentionally homeless', after being served a valid notice to quit. Assuming you do make sure to leave the place sparkling like new, completely clean and clear of all your things, and on time, then the landlord should not only give you the money, he would reasonably give you a good reference, too.  (And you can take photos to show how good the place looks.  )

    The only problem could be, if the landlord cheats and does not pay the money, which is why you need to check with the council and with a solicitor or a housing expert such as Scope or Shelter or Citizens Advice. It is a pity you have left it to the last moment, but you still have a few hours left. You say you don't answer the phone, but you can choose to pick it up and make a phone call, and you do have a surprisingly generous amount of support .

    It is understandable the person arranging ways for you to pay down your debts felt unable to get involved with legal advice on something completely different. But at least she won't have that job to do for  you, if you can pay all the debt in one go. (She should be able to fight any battle for you if there are any means tested benefits involved, and anyone wrongly says you have deprived yourself of assets by paying our debts or by paying a deposit for a new place. Confirm that with her, tomorrow, and put it in an email)

    She ought to back you up after you make your decision, and arrange to help you in this new different way. She does not want to be held responsible for appointing your solicitor or for advising you about a housing matter. 

    You are not legally without the mental ability to make decisions, so nobody will be happy to be held responsible for making them on your behalf. Including me. Therefore, please please Do Not take my word, but do get on the phone fast tomorrow to find confirmation and to get that acceptance letter emailed to the landlord by tomorrow's deadline if you do  want to take up his offer.

    With £4,000, no debt, a good reference from the landlord, all your photos showing how nicely you left his place, you would be in with a chance and could put a nice deposit and rent in advance on a new flat. Without it, and with the £6,000 debts outstanding, then presumably the council would have to put you in a hostel room rather than leave you on the pavement, but you might not like it much.

    Your agrophobia is quite a good point in your favour, perhaps, because it would be unreasonable to ask you to trek about all over the place, when instead you may  have the possibility of only needing to get from your doorway, safely into a cab, (where you could keep your eyes shut if you like, until you reach the door to your new place) It sounds as if you would probably be able to get a trusted helper to go with you, too, so they would be  able to deal with getting the luggage in and out again. 

    All the very best of wishes for you.  
  • charlie79
    charlie79 Online Community Member Posts: 325 Empowering
    I cant leave my house full stop I had a violent rape so my ptsd plays a big part in replay. I am completely housebound and completely rely on help as I cant answer my door phone due to fear. So support services have to do my shopping.
    I cant accept offer as i would have to guarentee would leave on date and not receive until vacated. I have to rely on council and support services housing me. My mental health completely diabilitates me. I have an eating disorder and now a size 6 and on strong meds due to replay of rape to point I hallucinate a replay I am back there maybe 4 or 5 times a night. I am n strong meds to help me manage my day and if and when I can absorb information or be in a mental state to even focus depends on my day. I wake up in a morning what happened to me just happened again everynight. I am that petrified of noises recently ive been self harming to cope with pain. So I wish I could but if i agree to money i agree to move out on a date making myself homeless as i have no where to go. When i need to leave my flat to move I will need to be heavily sedated.
    The money would not be transfered until I have vacated and I dont know when council would house me. I cant work and im on old legacy benefits. My situation is a very complexed. 
  • charlie79
    charlie79 Online Community Member Posts: 325 Empowering
    I didnt leave it till last Minuit i gave my care coordinator permission to in a letter and landlords letter to check if I could accept and wouldnt have concequences regarding in being housed. In which she advised was going to find out. I thought she had contacted solicitor. I text care cordinator today as hadnt heard back and later peer support worker text me saying she had gone on leave and couldnt advise legally due to time constraints. i wasnt replied back to until 4pm tonight i need to answer by tomorrow. But I cant make calls due to fear all related. I am with cmht trying to rehabilitate and rebuild myself so i can pick up phone and get my life back I did once have one.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    I think newborn was just trying to help. You did ask if you should accept the £10,000 offer or not. 

    Do you have a mobile number for your landlord so you can maybe text them? 

    The issue that you have here is that if you accept the offer then you’ll need to leave the property by that specific date and it’s possible that you won’t have anywhere to go at that stage. There may not be anything available to rehouse you and you could end up in temporary housing and even a hostel. 

    If you don’t accept the offer then it will give you time to find some where else to live. If you don’t move out by that date then your landlord will take it to court and this will take time. I have no idea how long this process takes. This link may help with that. https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/if-you-get-a-section-21-notice/
    You can contact scope helpline by email and hopefully they will be able to advise you. https://www.scope.org.uk/helpline

    I hope you’ll be able to get the help you need. 
  • charlie79
    charlie79 Online Community Member Posts: 325 Empowering
    Thankyou Poppy I dont get the money until I have left. They cant put me in a hostel as due to medical and mental healtgh need my own front door. I also have an esa cat. They will most probably put me in temporary accommadation. I will have to be sedated heavily when i leave. I am able to step outside and have to be in a familiar vehicle. I have been told i am high priority though for housing. I have a esa cat as well and would require support via support worker and council to find accommodation. I cant have interaction with males and all workers have to be female and being housebound and unable to leave my front door without immense trauma and support. It is difficult.
    If I accept I have to sign I am vacating the property on the 23/04/23. It could set complications and in eyes of council be making myself homeless. Unfortunately i have no family or friends disabilities and fears so rely on council 100 percent and support services 
  • charlie79
    charlie79 Online Community Member Posts: 325 Empowering
    I am old legacy benefits. I will need a key worker, but the answer is needed by 5pm tomorrow and I dont see my peer support worker until wednesaday
  • JBS2022
    JBS2022 Scope Member Posts: 2,074 Championing
    The same thing happened to me 5 years ago but I was paid £4000, this usually happens when the landlord wants to sell the property quickly so want tenants out as fast, and with little fuss (and damage) as possible to get the house on the market. Its probably a legitimate offer although legal advice is still advised.
  • charlie79
    charlie79 Online Community Member Posts: 325 Empowering
    He is needing to sell and has been a good landlord. Problem is worried if take money would could council still house me if I am vulnerable. I aso have a emotional support registered cat . I can't live independently without support. I haven't left my house in 7 yrs only yo gp which has to be planned with 2 people of trust who are no longer around and no family or friends. Its awkward. If I vould work and walk out-of my front door I would take the generous offer.
  • Lou67
    Lou67 Online Community Member Posts: 8,711 Championing

    @charlie79

    Good morning I just want to say I’m so sorry to read what’s going on with you, I really hope your support team can help sort something out for you.
    I wish you well and hope you get it sorted out.

    Take care ❤️


  • JBS2022
    JBS2022 Scope Member Posts: 2,074 Championing
    charlie79 said:
    He is needing to sell and has been a good landlord. Problem is worried if take money would could council still house me if I am vulnerable. I aso have a emotional support registered cat . I can't live independently without support. I haven't left my house in 7 yrs only yo gp which has to be planned with 2 people of trust who are no longer around and no family or friends. Its awkward. If I vould work and walk out-of my front door I would take the generous offer.
    They should still offer you somewhere if you have a vulnerability marker on the council's file, although I don't know if the money could affect any potential benefits you claim, again you need advice from CAB or a solicitor.
  • Hannah_Alumni
    Hannah_Alumni Scope alumni Posts: 7,866 Championing
    Hello @charlie79

    I just wanted to comment to say that we will be sending you an email from community@scope.org.uk

    If there is anything we can do to help, please let us know <3
  • Stellar
    Stellar Online Community Member Posts: 270 Empowering
    i've been in the homeless system myself and learnt a lot about how it works (in part cause i had to go through the unsuitable temp system), so I'm hoping the below is of some use to you.

    (although disclosure I'm not a legla expert, and the law different depending on which parts of the UK you're in, my knowledge is based off english law, use this as a guide only. you will need to get in touch with shelter and your local council to confirm specifcs and get accurate advice, especially if you do not live in england)

    you need to check if the section 21 notice is valid before anything else. if the notice is not valid and you leave, it would count as an illegal eviction. if the notice is invalid, you don't need to do anything and just let the landlord work it out themselves.

    If you were to tell the landlord the notice is invalid or to issue a section 21 or help them in any other way, that would be seen as making yourself intentionally homeless.

    the housing team at your local council can help you work out if the section 21 is valid, likewise seeing shelter's advice. keep a copy of the S21.

    if you're on UC and you were to accept the £10k, your UC entitlement each month would be reduced. also if you did accept it, you would be expected to use it on finding another place to rent privately. And it's very likely you'd have to give most of it upfront just to hope a landlord considers renting to you. plus during credit and reference checks your IVA/repayment plan would be flagged, which would go against you (especially as it's so recent).

    hence your best - and most likely only - option is to go to the council and get on the social housing register. this is especially cause given your disabilities it sounds like you need long term, stable housing where you can left alone to work on keeping yourself healthy and put down firm roots (and this isn't something that exists in the UK private rental market).

    and also, to go on a bit of a tangent, most landlords are deeply ableist and classist and won't consider someone who can't work full time. the housing crisis at the moment is really bad especially in london and other major cities to the point many young working professionals (aka the typical demographic for rneters) cant find anywhere. plus listings get snapped up in hours and you have to be able to communicate quickly to services. you won't stand a chance in such a market. this was one reason i could never find a place (and i'm a young person myself!)

    given your circumstances as long as you can supply medical evidence you should get on the upper bands for your council house area. This varies by council so you will need specific advice for your area. Even then you could still be waiting for months.

    That said, the event the council does agree to help you and you're not out by the end of april, stay put, but keep paying the rent. the landlord has to go to court and go through the correct process to get baliffs to evict you, otherwise it's an illegal eviction. that will take several months, especially as there is a backlog.

    if you were to leave voluntarily (ie. by taking his offer), the council would then deem you unintentionally homeless and likely refuse to help. the landlord is likely trying to bribe you to leave so they do not have to go to court and can relet the property faster.

    in short - you have a lot more time than two months. check the notice is valid. contact your council's housing office to get on the social housing register as a priority on medical grounds. don't accept the landlord's offer.

    if you get on the social housing register and get offered a place before the baliffs, you won't have to enter unsuitable temporary accommodation. it's a lot of stress and anxiety now (understandably so!) but you'll be better off long term in stable council housing :)
    local housing associations also have their own specific waitlists so it's worth contacting them directly.

    i also strongly recommend looking at shelter's website and contacting them with the help of your support workers. (that link is for shelter england, although shelter cymru and shelter scotland also have similar guides).

    also to answer another pointer, the reason why the CMHT won't help you is cause you're asking for legal and benefits advice, which is something they can't help you with. it's better for them to say no then give incorrect advice.

    best of luck to you :)
  • JBS2022
    JBS2022 Scope Member Posts: 2,074 Championing
    edited February 2023
    Stellar said:
    i've been in the homeless system myself and learnt a lot about how it works (in part cause i had to go through the unsuitable temp system), so I'm hoping the below is of some use to you.

    (although disclosure I'm not a legla expert, and the law different depending on which parts of the UK you're in, my knowledge is based off english law, use this as a guide only. you will need to get in touch with shelter and your local council to confirm specifcs and get accurate advice, especially if you do not live in england)

    you need to check if the section 21 notice is valid before anything else. if the notice is not valid and you leave, it would count as an illegal eviction. if the notice is invalid, you don't need to do anything and just let the landlord work it out themselves.

    If you were to tell the landlord the notice is invalid or to issue a section 21 or help them in any other way, that would be seen as making yourself intentionally homeless.

    the housing team at your local council can help you work out if the section 21 is valid, likewise seeing shelter's advice. keep a copy of the S21.

    if you're on UC and you were to accept the £10k, your UC entitlement each month would be reduced. also if you did accept it, you would be expected to use it on finding another place to rent privately. And it's very likely you'd have to give most of it upfront just to hope a landlord considers renting to you. plus during credit and reference checks your IVA/repayment plan would be flagged, which would go against you (especially as it's so recent).

    hence your best - and most likely only - option is to go to the council and get on the social housing register. this is especially cause given your disabilities it sounds like you need long term, stable housing where you can left alone to work on keeping yourself healthy and put down firm roots (and this isn't something that exists in the UK private rental market).

    and also, to go on a bit of a tangent, most landlords are deeply ableist and classist and won't consider someone who can't work full time. the housing crisis at the moment is really bad especially in london and other major cities to the point many young working professionals (aka the typical demographic for rneters) cant find anywhere. plus listings get snapped up in hours and you have to be able to communicate quickly to services. you won't stand a chance in such a market. this was one reason i could never find a place (and i'm a young person myself!)

    given your circumstances as long as you can supply medical evidence you should get on the upper bands for your council house area. This varies by council so you will need specific advice for your area. Even then you could still be waiting for months.

    That said, the event the council does agree to help you and you're not out by the end of april, stay put, but keep paying the rent. the landlord has to go to court and go through the correct process to get baliffs to evict you, otherwise it's an illegal eviction. that will take several months, especially as there is a backlog.

    if you were to leave voluntarily (ie. by taking his offer), the council would then deem you unintentionally homeless and likely refuse to help. the landlord is likely trying to bribe you to leave so they do not have to go to court and can relet the property faster.

    in short - you have a lot more time than two months. check the notice is valid. contact your council's housing office to get on the social housing register as a priority on medical grounds. don't accept the landlord's offer.

    if you get on the social housing register and get offered a place before the baliffs, you won't have to enter unsuitable temporary accommodation. it's a lot of stress and anxiety now (understandably so!) but you'll be better off long term in stable council housing :)
    local housing associations also have their own specific waitlists so it's worth contacting them directly.

    i also strongly recommend looking at shelter's website and contacting them with the help of your support workers. (that link is for shelter england, although shelter cymru and shelter scotland also have similar guides).

    also to answer another pointer, the reason why the CMHT won't help you is cause you're asking for legal and benefits advice, which is something they can't help you with. it's better for them to say no then give incorrect advice.

    best of luck to you :)
    It depends whether the council deem the OP a priority for housing, my sister has cerebral palsy and later developed MS and the Council will not house her even when she was evicted from property even though she sometimes needed a wheelchair, they just put her in the local Salvation Army hostel, which was totally unsuitable, until she got a private rental. At least with the £10,000 the OP can pay rent upfront, whereas social housing is a gamble, disabled or not. I guess it depends on the housing stock in the OP local authority. It's a tricky one.
  • Stellar
    Stellar Online Community Member Posts: 270 Empowering
    edited March 2023
    JBS2022 said:
    It depends whether the council deem the OP a priority for housing, my sister has cerebral palsy and later developed MS and the Council will not house her even when she was evicted from property even though she sometimes needed a wheelchair, they just put her in the local Salvation Army hostel, which was totally unsuitable, until she got a private rental. At least with the £10,000 the OP can pay rent upfront, whereas social housing is a gamble, disabled or not. I guess it depends on the housing stock in the OP local authority. It's a tricky one.
    councils are known to lie and misrepresent the law to try to get out of helping people. it's important to know your rights and get a lot of support when engaging them, cause otherwise it can be difficult to get anywhere.

    you're right that social housing is a gamble at times, but unfortunately for many people it's their only option. it was for me.
  • bashaa
    bashaa Online Community Member Posts: 3 Listener

    It's always concerning when a landlord advises tenants to vacate, especially if there seems to be no clear reason. It's essential to understand your rights as a tenant in such situations. For more information on whether a landlord can ask you to vacate without any reason, you can check out this useful guide:

    https://www.nyrentownsell.com/blog/can-a-landlord-ask-you-to-vacate-for-no-reason/