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]

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?

 

 

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.

[Donel261]

Here is the homeless code of guidance that all UK councils should be working too - it is effectively the rule book in plain english for housing officers to follow:

http://www.communities.gov.uk/documents/housing/pdf/152056.pdf

 

The problem with housing officers, especially is small boroughs is that they are not up to date with current legislation and case law. They tend to make decisions, like, 'you need to stay at the property until evicted' because that is what they have always done it and not been challenged.

 

I would strongly advise you NOT to give notice or surrender the property back to the landlord as the housing officer may try and use some sort of lame intentionallity arguement to shun the councils duties. I would however have an open and frank discussion regarding your options and what the authority propose to do. Explain that they are effectively forcing the landlord to go to court and get a warrant against you, which will force you to leave and leave you incurring costs (around 150 pound) and that decision is unlawful (the aweys case is relatively new so they may not be aware of it, if they don't that is not your issue - all councils have a legal services department they can call on for advice.) The question is why should you pay the court costs when the council have accepted a full S.193 duty to you as a homeless person? by doing so they have accepted you as homeless and put that decision in writting so technically they have also accepted that whilst you may have accommodation, it is not reasonable for you to continue to reside there for one more day (if they thought it was, they would have accepted the lesser S.195 'threatened with homelessness' duty), which you say they have not.

 

In terms of temporary accommodation, councils often harp on that they have limited resources. Irrespective of that, it is a duty of every authority to comply with the law and ensure your legal right to temporary accommodation is honoured. What arrangements are you making for your furniture when the bailiffs come knocking to kick you out? has the housing officer discussed his/her duty to ensure that arrangements are made to protect your belongings?

 

It all seems very lame to me, they may be a small council but they are still obliged to follow the same law as the biggest - they cannot say sod off to Newcastle as we have no properties or force you to stay in a property pending the bailiffs turning up to turf you out - not only is it unlawful but it is plain wrong to treat vulnerable people in this way.

 

Read the code of guidance (above) Chapter 7, Chapter 14 (the difference between being threatened with homeless or accepted as homeless) and Chapter 17 - you will know more than the housing officer by the time you meet them, they should already know it.

 

If they mess you around, know your rights, contact shelter or a solicitor specialising in homelessness/housing/public law:

 

The Law Society - Find a solicitor

[JOSH_IOU]

I tried scanning this in but i dont no what wrong with my scanner. The whole letter says ....

 

===============================

 

HOUSING ACT 1996 VII AMENDED BY THE HOMELESSNESS ACT 2002

 

Following your application to Castle Morpeth Housing as a homeless person mad on 17 April 2008, an investigation has been carried out in accordance with the requirements of the above legislation (s.184) and this letter sets out the decision made (s184(3)).

 

Castle Morpeth Housing determines that you are Homeless) and we have a duty to assist you find suitable accommodation.

 

In line with our letting policy we will try to give you as much choise as possible as to where you live but we have to try to find suitable accommodation for you as soon as possible. We will make you one offer of accommodation, if you do not accept this then your status as a homeless person will end and we will have discharged our duty to you, you will however remain on the housing register.

 

Castle morpeth Housing aims to provide high quality services for all the public (then you lose the will to live and to read the letter)

 

the next paragraph says

 

Please note we cannot make any guarntees that we will be able to help you immediately as we can only access accommodation that becomes vac

ant and is suitable for you.

 

=====================================================

[Donel261]

Sorry, forgot to mention. It does not matter that the council have transferred their stock to a housing association - the housing association still accept the duty to re-house you using that stock, the council retains nomination rights on all registered social landlord properties. I.e. you will get re-housed by the housing association.

[JOSH_IOU]

Thanks for that.

 

I think this is where I lie.

 

I am on a periodic shorthold tennancy.

 

16.21. Section 209 governs security of tenure where a private landlord provides

accommodation to assist a housing authority discharge an interim duty, for example, a

duty under s.188(1), s.190(2), s.200(1) or 204(4). Any such accommodation is exempt

from statutory security of tenure until 12 months from the date on which the applicant

is notified of the authority’s decision under s.184(3) or s.198(5) or from the date on

which the applicant is notified of the decision of any review under s.202 or an appeal

under s.204, unless the landlord notifies the applicant that the tenancy is an assured or

assured shorthold tenancy.

[Donel261]

Its not particularly complex, don't worry - I have ranted on a bit but thats just my irritation with local authorities trying to shun their duties until the person is actually roofless. They have accepted a full duty to you, thats the hard part over - they now need to make you an offer which takes into consideration your needs, support networks etc. You need to be realistic with the offer you receive, they can't give you something they haven't got - they can also assist you find another private sector rental but they cannot discharge their duty to you (as its an assured shorthold tenancy) unless you agree to it. If they offer you temporary accommodation, or you want it - then take it. Don't make any spur of the moment decisions, think things through first. I see so many people refusing offers, which is after all accommodation of last resort, as they don't like them and then they end up with nothing following the review as the council have done everything they are supposed to do.

 

I wish you well, read the code of guidance - all will be explained. Who would have thought you have to go through this just to ensure you know your rights. I am no expert but do work in the field, you always have shelter on your side if you are unsure of anything.

[JOSH_IOU]

Cheers for that.

 

It would apear that the bottom Paragraph of the letter is unlawful (potentially).

[JOSH_IOU]

Can I ask a question?

 

"If" I am offerd a house on Wednesday Should I take the property?

[JOSH_IOU]

Well the landlord has now gone intorecivership apparently as I have heard from shelter.

 

I have A broken front door and I am unable to lockitand the landlord refuses to fix it.

 

The lock was on the blink when I moved in and had no other alternative but to accept the flat. If i did not i Would have been roofless which i belive is the leagal term.

 

 

I am stuck Ive no money on my phone. I have complained to shelter and complained to the hosuing assocation I have now complained to the MP.

 

All i want is for them to live up to there end of the bargain and rehosue me.

[JOSH_IOU]

Homelessness Code of Guidance for Local Authorities: July 2006 - Housing - Communities and Local Government

[JOSH_IOU]

Dear Mr Atkinson.

 

I am aware that you were unable to help in the past but this is now an offcial complaint I am making. And you have been included.

 

Regarding castle morpeth Housing and the lack of speed in there duty under the homeless code of guideance and section 8.2 of the housing act as the flat I am now in is not secure. I have also been given a section 21 notice which expires on the 16th August 2008.

 

Yours

 

User about togo abosuoloytly out of it and on anti depressants