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Thread: *Homeless Assesment

  1. #1
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    *Homeless Assesment

    Hi everyone, I still have no where to live and have to leave my flat on the 21st May due to my landlord selling flat.

    Tomorrow I have Homeless Assesment and 2 assesors (housing officers) coming from the homeless office as I can not travel, I have not left my flat for over a year (agrophobia)

    What should I expect to be asked ?

    I am worried that I'm not going to get my point across that I need to stay in this area as I have family ties plus the fact im panicing about travel to new place.

    Link to my other thread when all my trouble started http://www.youreable.com/forums/show...d-flat**/page2

    So basically the council have no council houses or a long wait list even though im mentaly disabled so ive had to go the homeless route.

    Any advice welcome
    thanx

  2. #2
    Senior Member Lighttouch's Avatar
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    I'm guessing that the landlord is legally evicting you.

    What will happen - you will be asked to leave your flat with some or all of your belongings. The landlord may then change the external door locks. The LA cannot drum up social housing if there's nothing about.

    As I seat they will do one of a few things

    - put you in a bed and breakfast place
    - place you in a supported housing flat
    - liaise with another LA to get some other housing solution.
    Let us know what develops.

    Take care.

  3. #3
    Senior Member nukecad's Avatar
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    I'm assuming that the 21st May is the end date of your 2 months notice given by the section 33?
    That would tie in with your previous thread.

    The council may tell you not to leave on that date but to wait for a court eviction order.
    (Most councils in England and Wales advise this, I'm not sure about Scotland).

    This is because even if you have not left by the date on the S33 your landlord cannot just force you out and/or change the locks.

    If you have not left on the date of notice given in the S33 then the landlord has to apply to court for an eviction order.
    If the S33 was corrrectly issued (this time) then the sheriff will automatically grant the eviction order at which time the landlord can get the help of sheriff officers (bailiffs) to evict you.

    Be aware that, even though councils often advise tenants to do this before rehousing them, this could leave you liable for the landlords legal costs for the eviction.

    Here is Shelter Scotland's advice on this:
    http://scotland.shelter.org.uk/get_a...f_your_tenancy

    I hope all has gone well with your Homeless Assessment and you won't have to go through this eviction process.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.

  4. #4
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    Thanx for the replies guys.

    Yes you are correct nuke that the 21st May is the end of section 33 notice to quit (had 2 months notice)
    Lighttouch, yes basically the homeless assesors told me that they will see if they can get me temp accomodation in a homeless bedsit but i wouldn't be allowed my dog, I woul'd be there for minimum 28days whilst they do investigations.

    My mum is going tomorrow to see a private rental for me and take pictures to bring back for me, then I would have to fill an application for the letting agent but im not sure they deal with people on pip/esa etc... so see what develops in the next couple of days.

    As for staying in the flat and waiting for eviction i'm not going to do that as I'm going to sue the landlord as soon as I'm out of here.. here is a copy of the letter that im currently sending my landlord

    ***********************************************


    Dear Mr & Mrs **********,

    Re: Financial Claim against the above mentioned names (Mr & Mrs ********)

    If I do not receive the outstanding amount of <£XX> within 7 days of receipt of this letter, I'm afraid you will leave me with no option but to take court action to recover the above total amount, (see below for the breakdown of this total claim)

    According to the below sections of the Housing (Scotland) Act 2006 and Housing (Scotland) Act 2014 the above named Mr &Mrs
    **************** are in breach of the law on many counts.

    - Housing (Scotland) Act 2006 – Section 13, The repairing standard 14 Landlord’s duty to repair and maintain.

    - Housing (Scotland) Act 2014 – Section 17, Repairing standard (amended)

    List of evidence to be used if court action is needed

    1. Environmental Health Report.
    2. Photographic evidence (dated).
    3. 1 witness, Mr ***** regarding conversations with Mr ****.
    4. Copies of invalid section 33 Notice To Quit.
    5. Housing (Scotland) Act 2006 – Section 13 will be cited.
    6. Housing (Scotland) Act 2014 – Section 17 will be cited.
    7. Safety Warning/Advice Notice regarding boiler flue from Scottish Gas.
    8. Work notices from British Gas Homecare regarding drain blasting by Dynorod, as the account holder you should have been received copies of work orders to ******************************
    9. Doctors records showing how the situation has affected the health of the current tenant ***********************************
    Myself and the many agencies I’ve been liaising and conversing with strongly believe all the aforementioned is more than adequate to pursue legal action against ********* in a court of law.


    Breakdown of this total claim against ***************






    I look forward to hearing from you soon.

    Yours sincerely,

  5. #5
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    Hmm I'm sure you have realised when filling in the housing form, one of the questions they ask is "do you owe any monies to your present landlord?" If you do, thats going to affect your housing request. And also any legal dealing with him (landlord).
    I went back and read your ORIGINAL thread. You did not say WHY landlord was evicting you other than "he can't afford upkeep of the flat".
    But goodluck and i hope you are rehoused pretty soon. Start packing, thats a stresser in any case.

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    Hi red, I do not owe the landlord any monies, It is me who is suing the landlord because they have not repaired anything in the last 3 months ie; rising and penetrating damp and the drains.

    above was a letter im constructing to send to my landlord.

  7. #7
    Senior Member nukecad's Avatar
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    You did not say WHY landlord was evicting you...
    An S33 notice in Scotland is the equivalent of the S21 notice in England/Wales.

    It is a 'No Fault' notice to leave, that just says the landlord wants his property back.
    He doesn't have to give (or even have) a reason, it's his property and he is giving 2 months notice that he wants it back.

    As said above an S33 (or S21) is not an eviction notice, that comes later if the notice to leave is not acted upon.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.

  8. #8
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    I am presuming the OP has good reasons to leave the property before a court order is issued (it appears so from the letter to the LL) as it appears that she has followed the correct procedures as regards reporting repairs and other issues.

    It also appears that the OP has received advice from various agencies that she can put in a claim for compensation not least because the current circumstances have affected their health.

    Therefore I am presuming that the council are not enforcing the need for the OP to wait for the court order.

  9. #9
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    Yes I have enviromental health reports saying this flat is not fit for living.

    On another note, today has been very stressful, my parents went to view a flat for me last week, it is through a letting agency, they need my mum to sign as garantor for me as they say its their policy as all i have for income is pip and esa, housing benefits.

    They are asking me for picture id which I do not have, the are asking me for utility bill which I do not have as both electric/gas on pre paid meter. they are asking me for bank statement which i have emailed them today.

    It is just so embarasing that they asked my mum to sign as garantor.

    So continuing on, I have talked to my landlord and asked for a few extra days I now have until wednesday 25th may.

    My mum is taking her pension letters to the letting agency tomorrow to show her proof of income.

    The flat that i'm hoping to be approved for after all the checks are done is empty now, but this letting agency seem to be really slow.

    I phoned them today and tried to stress the urgency.

    I can't order a moving company until I have a confirmed date.

    This is a hellish situation and im not coping to well.

    The majority of my belongings are all packed now I just have the elecronic stuff to pack ie stereo, broadband and sky stuff.

    Ive ordered a dongle off of ebay as I need the internet as its a good communication for me as i talk to most people online and I will have to phone sky to swith broadband tv and phone over when I have a move date.

    I just find it appauling how these letting agencies treat mentaly disabled people.

    That's all I can think of right now my brain is scattred

  10. #10
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    Oh I guess I should talk about the homeless assesment i had..... well to be frank it was useless.

    They told me that they will have to put me in a bedsit in a dodgy area that is full of junkies and I could not take my dog... I told them straight up that I will not do that and that I need to be housed close to where I live now and I need a quite calm and peacful area.

    So then began my search for private and letting agency rentals.... council is absoloutly useless so I emailed my local MP. she is now on the case.

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