I have depression, Can I be evicted ?

Question

Hi all, Im in a desperate mess, I have severe depression / anxiety disorder & I also owe my landlady (private) £700 in rent arrears (Im on JSA and can't make end's meat, usually find myself spending the rent as it comes in)

I have seen a mental health nurse who has confirmed I do indeed have severe depression and she has referred me for CBT & counselling, but Im relly concerned i may lose my flat.

The landlady delivered our new tenancy recently but completely left out the "how much rent to pay each week / month" section, so i filled in this missing data.

Were do I stand when it comes to being evicted, would the court see my plight or F me off and evict straight away.... please somone advise this is killing me !!!!

(is there anything I could claim for rent arrears, I already owe social fund £1500 whih comes out of my JSA at £17 a week which i cannot reduce, already tried, this is all part of the viscious money cycle)

here are some more faults with before mentioned tenancy agreement...

1: no mention of payable rent amount
2: front page doesnt say who tenancy has been made out between
3: Method of payment = Direct debit but with no debit details
4: Landladys signature has not been witness signed, neither has my signature been whitnessed
5: no set term for tenancy; infact no date whatsoever

with the above in mind, should i be paying anything at all, surely with the above missing the tenancy is nul and void ??

Answer 1

Sorry to hear about how bad the situation is for you. You clearly need financial help. Ask to the see the Welfare Rights Officer on your local council, they will help you. You should be claiming Housing Benefit for the rent and it should be covered unless the place is too big for you. A single person will be awarded rent on a 1 bedroom flat and the amount payable will be based on the area you live in. Where I am the maximum housing benefit for the single bedroom flat is £500. If you choose to live in one that costs more or has extra rooms then you will need to make up the shortfall, or move.



Why did you say "our" new tenancy? Is there a second bedroom and if so does someone with money have that? If there are 2 of you on benefits with separate bedrooms (and not partners) and the rent is reasonable at £700 you should both be awarded £350 a month in housing benefit. You can have this paid direct to the landlord so you can't spend it. If you have a partner then things change, if they work it's possible they will expect them to pay for all the rent for you both depending on what they earn.



As far as the basics go at this flat, if it's 1 bedroom and the area charges £700 for 1 bedroom then you will get it all paid, get a claim in asap to pay this direct to the landlord. If the landlord decides to take action to evict you they will find it takes about 6 months through courts etc before a sheriff officer actually arrives to take over and throw you out. At that stage you then become homeless and the local housing authority will find you somewhere. If you are on your own with no health problems it may mean a short spell in a homeless shelter - stick it out for 2-3 weeks till you get your own place. On the grounds of ill health they may need to award you somewhere sooner. They don't want depressed homeless people killing themselves as they are on the street.



If you pay zero that is 6 months for court action, if you are paying here and there it takes longer than 6 months to get this through the court. If you turn up on the hearing date and explain your situation it is highly likely they will allow you to stay despite having some arrears. See if the landlord will arrange for you to pay off the shortfall in £5 or £10 a week instalments.



Finally on the legal issues of the tenancy agreement, it doesn't sound as if this is legally correct, that may work in your favour if you turn up at court with it showing they are not competent. Unfortunately though it may just mean that the rent is being paid on a month to month basis as is the case after the expiry of a 6-12 months short assured tenancy. If it's on a monthly basis that means she only has to give you 1 months notice to quit. Still, don't leave, stay put and wait for the court to order that and then evict you. It's tough I know. Is this an empty property you have your own furniture in or is it the landlady's stuff? If it's your furniture it's harder to get you out fast. If it's her stuff bear in mind she can come in anytime for an inspection and she can take all her stuff out to force you out the door. Most don't do that though.



If you are not paying the gas or electric that could be cut off which wouldn't help much. I hope that you are claiming housing benefit for the council tax though?



Hang in there till something comes around.

Answer 2

Your landlord still has to give you two months written notice if she is going to evict you. Not sure about the tenancy agreement; go to the council and show them. You should be getting housing benefit if you are on JSA and they may be able to backdate this for you if you get a GP's letter to say that you /were are unwell and did not understand the tenancy agreement. It may have to be drawn up again. Assuming you are in receipt of Housing benefit, you can have your Housing benefit paid straight to your landlord so that the money does not come to you and you cannot spend it. If you have depression, put in a claim for ESA (done over the phone so go to Job centre and get the number) for sickness and get a sick note from your GP to send off with the ESA form when it arrives so that you do not have to sign on each fortnight etc.. £700.00 seems an awful lot of rent to pay; is there something cheaper around that you can afford to pay the top-up on? Hope all works out ok for you x

Answer 3

I've suffered from depression; I know exactly what it's like. However, being ill doesn't mean you don't have to pay your rent. If you haven't already applied for housing benefit, do it now. If you have already claimed it, you shouldn't be behind in your rent. Maybe your landlady will be sympathetic but YES you SHOULD be paying your rent. Why should you live for free? You need to get yourself to the Citizens Advice & sort this out. They are really helpful and have more sway than you. Stressing about eviction will not help your depression : )

Answer 4

The court might see your side of the coin, but when you say your "Spending the rent as it comes in" then that might go against you, are you wasting it or are you spending it on necessities? Good luck, it's always terrible news when somebody is struggling with their mental health as well as losing their home.



I hope you do not get evicted and do not forget: For every door that closes, a new one opens.

Answer 5

So why is your landlord in a hurry to get you to depart? it is an significant area of this equation. it is tough to respond to this question devoid of understanding why the owner needs you out and what state you're in, yet once you reside there and not employing a hire, i'm guessing it is going to be hard to combat the eviction, melancholy or no longer.

Answer 6

just with regard to your health and being evicted, you need to get your gp on your side



they can write letters and there weight carries importance,



so make sure you are in regular contact with a gp that is sympathetic to your mental health struggle,



is there a solicitor in your area that is sympathetic to helping out those with mental health issues.



Thalliwells or Cartwright and King are in the midlands and they may give free advice but might not be near where you live,

Answer 7

Talk to a lawter but the bottom line is that u still need to pay rent even if ur deppressed.