Accepted As a homeless Person July / 03 / 2008

[JOSH_IOU]

I have been informed this morning by a housing association called Castle Morpeth Housing I am now classed as Homeless.

The housing assoociation has taken responisbility from Castle Morpeth Borough Council Housing Department to house those classed as homeles.

This duty lies under the Housing Act 1998 Part VII Amended By the Homelessness Act 2002.


They confirm the Duty in writing and say they have the duty to rehouse ASAP. My question for you guys and gals is, do you no how long they can leave me on the homlessness register?

[rory32]

Josh I don't know the answer to your question but if you phone Shelterline on 0808 8004444 they may be able to answer your question.

[gizmo111]

Originally Posted by JOSH_IOU

I have been informed this morning by a housing association called Castle Morpeth Housing I am now classed as Homeless.

The housing assoociation has taken responisbility from Castle Morpeth Borough Council Housing Department to house those classed as homeles.

This duty lies under the Housing Act 1998 Part VII Amended By the Homelessness Act 2002.


They confirm the Duty in writing and say they have the duty to rehouse ASAP. My question for you guys and gals is, do you no how long they can leave me on the homlessness register?

What accommodation are you in at present?
Is it temporary acommodation provided by the local authority? If so how long have you been in it?

Originally Posted by rory32

Josh I don't know the answer to your question but if you phone Shelterline on 0808 8004444 they may be able to answer your question.

Good advice from Rory, they also have a website with loads of info.

[MrShed]

Are you in a CBL(Choice based lettings) area? Or not?

There are grades of homelessness/eligibility for social housing, based upon need.

What are your circumstances? Age, marital status, any dependants, income, employment, disability etc etc? What is your flexibility in where you live? Where are you living currently?

Have you considered private letting?

There is no fixed time they have to stick to, nor is there even an "average time", as all situations are different.

[JOSH_IOU]

I am going through shelter at the moment.

I just dont want to look like a complete idiot when they ask me questions. Like I was with the CAB the first time around.

Iam with a private landlord at the moment and moved in around august last year.

My section 21 notice ends on August 16th but of course that dose not mean I have to be out then. As the landlord has to get arepossesion order and there is ways to delay that and even delaying the ballifs.

I am disabled with learning and memory difficulties. I am not sure what a CBL is MrShed. I am on INcome support and DLA at the moment and I am in recipt of housing and Council tax benefits. I also get credit only Incapacity Benefits. I am 26 and I am single. No kids thank god not on this income anyways.

Because of my dissability I have to live in a suiteable area. i.e not the west end of Manchester or London.

The council dose not own there houses and dose not have the duty to rehouse the homeless as they sold that duty to Castle Morpeth Housing. ( Castle Morpeth Housing )

I am classed as Homeless and not being intentionally homeless. nor am I classed as being threatened with homelessness.

Im not sure I have not coverd any of the questions raised above.

[MrShed]

OK fair enough - sorry for asking "personal" questions, just important to assess how far up (or down) the ladder you are.

From what you say you are pretty much as low down as you can be on the ladder I'm afraid - you are part of what is classed as the least vulnerable group(other than the disability).

Why can you not rent privately again using housing benefit?

Would Newcastle be an option from where you are?

[JOSH_IOU]

I wasnt trying to sound agressive its just the way I answer posts. I apreciate the help.

I dont want to be to far from the family as they help me out alot. (taking me shopping evry week etc) this is part of the learning diffculties.

Ive been told the housing association rate me as vulnerable and this is why they are re-housing me.

[MrShed]

Thats fine dont worry - just wanted to make sure you didnt think I was probing unneccessarily.

Definitely not private landlord then?

Do you actually live IN morpeth?

My main concern is knowing Morpeth and the area, there isnt a great deal of supply of social housing - whereas Newcastle there is a massive supply.

[JOSH_IOU]

No I live on the out scurts the address is newcastle but The address is coverd by the county of Northumberland and the Castle Morpeth Council

[Mrs_Ryan]

Er... dont mean to be funny Mr Shed, but my mum waited nearly three years in Newcastle for a suitable place for her to live - she has almost no mobility,so she needed either a bungalow or a ground floor accessible flat,so they offered her a house exactly the same as what she was living in (a three bedroom house with stairs) or a flat on the 10th floor of a high-rise tower block, then didnt want to help her because they said 'they had offered her accomodation and she had refused it!!'Sheesh.Where is all the social housing in Newcastle?????

[MrShed]

Sorry Mrs Ryan - might not have made myself clear. Adding Newcastle to your possibility obviously ADDS to the chance of you getting a property. Also, there is a massive supply of social housing in Newcastle, there is just also a massive demand. However, Choice Based Lettings has now taken effect in large areas of Newcastle and so it should be easier to get a property.

Also, the RSL(Registered Social Landlord) I work for has property in Newcastle so may have been able to directly advise.

[JOSH_IOU]

Castle Morpeth Housing is not part of the council any more but they have the resposibility of taking on the homeless. They certainly screwed us there.

So much for protecting the vulnrebale.

This is the page for the ISOS housing group which CMH are apart.

Isos Homepage

Homelessness - advice and support


Lets just dump them some where we cant get people who arent classed as vulnrebale to go.

I cant move to Newcastle because it is difficult for the family to get there.
Otherwise I would be on there list.

[Donel261]

Have the authority accepted that you are 'homeless' or 'threatened with homelessness'? (you will need to read you letter)

If they have accepted that you are 'threatened with homelessness' then they are duty bound to ensure that accommodation does not cease to become available to you. They normally do this by mediating with excluders/landlords, resolving housing benefit issues, looking at income maximisation and discretionary rent payments to get your landlord to agree another term of residence. As you say, your S.21 is yet to expire and the authority have adeqate time to try and resolve the situation, albeit most don't bother and just let the tenancy run its course in the hope that they can secure you an offer of accomodation before you become roofless.

If they have accepted you as 'homeless' then they are accepting that it is not reasonable for you to continue to occupy your current accommodation. You may want to stay there but technically you don't have too and they are duty bound to provide you with temporary accommodation NOW until a permanent offer is made. This has been covered in the court of appeal, it also applies to ALL councils - see link here ---> ://www.bailii.org/ew/cases/EWCA/Civ/2008/48.html - if the authority force you to stay at the property until an eviction warrant is served you should be warned that you are likely to incur the costs - the council cannot insist on this being done, if they are, they are acting unlawfully as per the above caselaw and I would seek the advice of a local law firm quoting the aweys judgement.

I would certainly be clarifying whether the council are going to pay the court costs on your behalf?

There is an article on it here :Housed: Adding a Local Authority as a party to costs.

I know this doesnt answer how long you will be waiting for an offer but thought you should know. Good luck!

[JOSH_IOU]

Hi Done

The letter clearly says Homless. It says and I quote. " Castle Morpeth Housing determines that you are Homeless) and we have a duty to assist you find suitable accommodation."

Do you think When I meet the housing officer in my home on wednesday I should be asking If they will have any objections being part of the order? Or do you think I should simply hand in the notice?

Oh thanks for the post It indirectly answers my questions but gives me some idea of what might happen and what could happen.

[MrShed]

They have already classed you as homeless prior to any court proceedings being taken, therefore there should be no need to make them part of the order - they have obliged themselves to home you(even if only in temp accomodation) once the Section 21 expires.

That is my reading of it anyway.