Council Responsibilities

[pieterclassens]

Right ..... having come home today I have received a nasty shock in the letter box.

My landlord has decided to sell the property and has given me 2 months notice (which is fair and proper).

I have only just been allocated HB as I am experiencing financial difficulties (thanks to a number of banks and their bl**dy charges --- thats another story and I am fighting back by the way) and my wife and I have a newborn (4weeks old) baby.

My question is .... does the council (or anyone for that matter) have a legal responsibility to ensure myself and my family do not end up on the streets?

How do I go about sorting things out? I have been given a date of 31st August.

I have an appointment with the Housing Advice section of the council next Thursday to discuss my case.

Any advice beforehand would be very much appreciated!!!!!!!!!

[Rich44]

I dont know if the council would class you as at risk or whatever the term is they use but it cant hurt to go see a housing officer and talk through the options be aware that they probably dont have any spare housing available (if our area is anything to go by) and will probably suggest putting you into B+B, if they were to do this it would give you a lot of points instantly (shared facilities etc) and you would then get somewhere a lot quicker than for example if you opted to stay with relatives.

Good luck with it

[paulclarkson1985]

I am almost certain the council has a legal responsibility towards you and your family.

It all depends on which part of the country you are in and if the council has available properties to suit you.


MY advice to you would be to get your name on the housing list do not wait do it tomorrow .And also contact as many housing associations you can.

Explain to them all your situation do not let them put you off be firm take the letter from your landlord with you and any rent books that you have to show you have paid your rent on time.


If you dont get anywhere come back here and I will help you all I can.

[Rich44]

Ask the council if they operate a common housing list if so then you would be listed for all the local housing associations and the council with just one form instead of filing with each individual one.

Once you are registered demand to see how your points have been worked out a lot just give you a total which means sod all

[paulclarkson1985]

Just a quick query.


How long was your lease for, and how long is left.


And yes I agree about the housing lists but some associations do not use them although most do.

But I feel he needs to apply to as many sources as he can find. He also must get on any housing list as soon as he can.

Also do not be fobbed off by the muppet at the council he needs to see somebody in authority as soon as possible and explain his case.

The council does have a responsibility to re house the family what that will be depends on the area you live in unfortunatly some authorutys have more available homes than others.

[Rich44]

Exactly thats why I said he needs to find out if they operate one first of all and then get a list of who uses it, then use the internet/yellow pages etc to find the ones not using it

TBH the ones who dont tend to use the common lists these days tend to be the specialist ones such as sheltered housing or house for older people, 100% of relevant agencies use the common list here and its the same across much of the country but he needs to check.

Dont phone them get down to city hall get a ticket and actually see a housing officer, all they will say on the phone is post you a form, get down there see a housing officer, fill in the paperwork there and then.

Take every last scrap of paperwork that proves you're going to be homeless but in the meantime do not just leave that property until you are forced out by a court (the council will tell you to do this)

[pieterclassens]

Thanks guys for the advice. Much appreciated. I will let you know how I get on with the council.

[Roadrally]

Rich 44 advice is right - don't move out until you are forced to by a Court order.

A few quick questions if I may,

Are you a UK citizen?

Do you have a local connection? ie have you always lived there or have relatives there or work there?

Do you have any rent arrears?

The homeless people will probably bat you off as not homeless as you are not threatened with homelessness in the next 28 days. Don't let this put you off. At T- 28 days go in and make a homeless presentation that is go in and tell them you want to make a homeless application.

At T-28 they will have to take your application, investigate your case and make a decision. You will have longer than 31/8/06 in your present house as it will time for Landlord to get a court order but that doesn't matter as on paper you are threatened with homelessness in less than 28 days.

It is very important not to have big arrears because if they investigate your homeless application properly they will contact the landlord and see if you have arrears and if he says that he's selling because of problems with arrears they'll likely declare you intentionally homeless and wash their hands of you. When I say arrears I don't mean a few quid but if it's hundreds that can be a different matter.

[pieterclassens]

Answers to questions.

Yes I am a UK citizen

I have been living in the area for about 4ish years.

I do have arrears (about £900) as I am experiencing financial difficulties, however I spoke to the landlord who said this has nothing to do with the decision. He is simply offloading some of his properties including mine. Basically selling up and leaving me high and dry.

[Roadrally]

Ok,

As I see it, you are:

Eligble, that is you are connected to the area so they can't 'S213 referral' you off to someone else

Unintentionally Homeless as Landlord is selling from under you because he want's his profit and not because your arrears are forcing his hand.

In priority need as you have a 4 week old child.

So they will have a duty to provide you with temporary accommodation.

It would help on the arrears front if you have an agreement in place with current landlord to pay him what you owe him either with housing benefit or your hard earned.

The officer dealing has a duty to make a decision on the circumstances of your case, decisions made on blanket policies are unlawful. How much pressure is their on housing in your part of the country?

[pieterclassens]

Well I had a payment plan with the letting agency who said it had been cleared with the landlord. I was trying my level best to pay off the arrears which was becoming increasingly difficult, but I was doing it. As to the housing situation in the area I have no idea. I have a meeting with the housing officer at the council this Friday so I will see what they have to say. I am also waiting for a decision on a discretionary housing payment which I was hoping would be approved and I could use towards the arrears (not sure if thats ok or not!?!?!)

Anyways any further advice before Friday???

Thanks!!!!!!!

[gizmo111]

Contact Shelter, they quite often have people working in council offices. If they have someone available they may come to the meeting with you, butthey will advise you before you go. They are excellent and know the law better than the housing officers.

[watccoe75]

Originally Posted by gizmo111

Contact Shelter

Very good advice, their (freephone) number is 0808 800 4444.

The notice served on you by your landlord may well be invalid (Shelter will be able to tell you if this is the case or not). If it's invalid, he will have to re-issue it.

[dundeechicken]

Could it be possible that your LL agrees to find ouut who the buyer is first? it may be an opportunity for another LL to buy a house complete with tenant, If this is the case then the new LL has a legal responsibility to take over the terms and conditions of the original lease... and your HB will not be affected!!