A struggling mum and daughter from Quinton have won a reprieve from eviction after protestors blocked bailiffs. Toksheen, 37, and her ten-year-old daughter had been ordered to leave their home of six years over rent arrears.
Around 20 community campaigners and neighbours of the struggling family stood together, arms linked, when bailiffs arrived to carry out court orders using Section 8 eviction powers.
The bailiffs later left after an emergency court order was granted at the 11th hour, giving the family a seven-day reprieve. Toksheen, currently at college part-time with ambitions to be a nurse, and her daughter can now stay while the county court reconsiders her case.
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She was threatened with eviction after building up arrears following a rent hike last April. There was then an issue around the payment of housing benefits. She says she only realised the extent of the problem when eviction proceedings got under way.
Members of Birmingham Acorn Community Union, supported by local neighbours, gathered outside the property on Monday, June 5, forming a human barrier, to await bailiffs assigned to carry out the original court order. Toksheen said she had asked for their help after being overwhelmed with anxiety and depression over the case.
After bailiffs arrived they assumed 'battle formations' in readiness to rebuff them - only for the bailiff's representative to confirm they were standing down, pending the outcome of the emergency legal action. They later left after learning of the reprieve.
Speaking outside the house to Acorn representatives, the bailiff's representative said he would only return if the court ruled the repossession order stood.
Jesse Winney, member defence organiser for Acorn Tenants' Union Birmingham, said dozens of eviction cases were taking place across the city. "In this case the mum initially fell into arrears after her rent was raised way above what she could afford. It was increased by £175 a month (from £575 a month) which was well beyond the threshold of her housing benefit and is beyond her means.
"We understand there was also some technical issue that meant her housing benefit was not being paid to the landlord for months. This has put her into arrears of nearly £3,000 including costs. She is in an incredibly desperate situation."
Toksheen - we have been asked not to include her surname or the property address to avoid identifying her daughter - said she now had good legal advice supporting her case but it had been a nightmare time.
The mum said she had applied for extra help because of the rent increase and had also sought advice from charities. She said she had been unable to attend a court hearing held into the case because her daughter was poorly and struck down with a fever on the day and, despite representations on her behalf, the case was concluded in her absence.
Evictions - how to get help if you are facing eviction
Eviction is a legal process to order tenants to leave a property. Landlords must give notice and the process usually takes a few months, unless circumstances are exceptional.
Most private renters have assured shorthold tenancies. A landlord must give a Section 21 notice (commonly called a no-fault eviction) or a section 8 notice as a first step to eviction with this type of tenancy.
The housing charity Shelter has produced a series of guides to help tenants fearing eviction. These are the main issues you might need help with:
Eviction after a section 8 notice
Eviction of assured shorthold tenants
Eviction of lodgers if you live with your landlord
Most private renters can't be evicted legally without a court order.
How to deal with harassment from landlords or agents
How to deal with illegal eviction
How to get help from your council
What to expect from the police
Eviction of council and housing association tenants
Council and housing association tenants: eviction for rent arrears
If you are running up rent arrears you should let your landlord know you're taking steps to get advice and deal with your situation.
If you are a homeowner you could face repossession if you miss mortgage payments
What to do if your lender starts court action
Only court bailiffs can carry out an eviction
Bailiffs must give 2 weeks' notice of an eviction date. How to stop eviction by bailiffs
Free legal help and advice
"It has been very stressful," said Toksheen. "I have tried to resolve the issue on my own but I am glad I now have good legal support. The help of Acorn has been incredible, they are like family now, helping me get advice and the help I needed," she said.
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She said she wished to continue living in the area, where her daughter is settled in school and her network of friends are nearby.
"To be honest it has been a really difficult time. At times I have felt suicidal, with everything getting on top of me. I would not have coped without the help of these people," she added.
The Acorn tenants' union is an activist movement who press for changes in housing laws and tenants' rights. They empower tenants and engage in peaceful resistance. This includes peacefully barring the way of bailiffs, action which can result in the intervention of police officers.
We have attempted to contact the landlord of the property to offer her the opportunity to present her version of events, but so far without success.
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