Problems with my council and rent

[jackieandwayne]

Yeah, this is a tricky one. The Council will 99% of the time refuse to allow you to move if you have arrears. It is also one of the few valid reasons they have to prevent you from doing an exchange (assignment). So, unless the house burns down, or some other great event, then no you won't be moving anytime soon. But keep paying those payments, because this is not cut and dried by any means, and if they can see a year down the line that you have stuck to the agreement, they might view things more favourably.

 

However, sometimes social circumstances can mean that a family HAS to move, despite rent arrears. Are you able to tell us why you need to move? What property are you in now and what property do you need and why? Because, there is always in the LA Housing Sector, a social panel or something of that kind. This is comprised of professionals who will hear extraordinary cases of needing to move and decide whether that can happen despite rent arrears. It has to be something very serious really. If you care to post up what the problem is, I'll tell you exactly what the social panel would say! here's an exagerated example for you - no legs, 10th floor, no lift - yes, priority. 10 children, 1 bed flat, yes priority. OAP alone in 4 bed house - yes priority. However, 10 children, 2, 3 or 4 bed house, no priority - too many people in same situation. Depressed by accommodation? No chance! In fear of your life? possible priority if the police say so. So you get the idea!

 

Also, your LA should allow you onto the transfer list, and if they still use points then you should get your points, its just that if a property comes up for you, you can't have it! But it won't always be like that, so you need to be on that list for a time when you are rent arrears free and can be made an offer. If its the new bidding system, then you should still be able to bid, but they will just keep refusing you, but you should still get on the list, because the length of time you are waiting all counts towards getting somewhere in the end, whether points or bidding.

 

Post back if you need anymore help, and good luck.

[jackieandwayne]

Ok, if you google Housing Act 1985 Section 325 and Section 326 you will get the rules which determine if you are statutorily overcrowded or not. I just tried to cut and paste but it makes the laptop crash.

 

If you are in a standard three bedroom 1 reception house then yes, currently you are overcrowded under S.325 the room standard. But only by 0.5 of a point. Let me explain, 3 beds, and 1 lounge = 4 points. You and partner get 1 point each. (2) 10 year old gets 1 point (3) 5 and 6 year old 0.5 points each (4) 13 month old 0.5 points (4.5) baby no points until 12 months. Therefore you are .5 of a point short of adequate living space. So, yes, you are statutorily overcrowded. (If you have 2 GF rooms, you are not overcrowded as you are in a 5 point property).

 

You can also use the Space Standard which is S326 and I'll leave you to run round with the tape measure, its all quite beyond me! I'm both numerically challenged and metrically challenged!

 

This applies to the permanent members of the family, and bears no relation to those children who you would like to live with you, unless a court orders/or there is an arrangement that your home is to be their permanent residence. If say, it was absolutely imperative that these extra children came to live with you, then that would change things. But this isn't the case just now so you cannot include those children. At least not under the Housing Act.

 

This is the situation as far as the Housing Law goes, and has been so since about 1935, it hasn't changed. Neither does it mean that you will get quickly rehoused - because put simply, if there is not a 4 bed house available you can't have it - no-one can. I know how difficult it can be to understand that, especially when you are low as you are with all your problems, but I'll do you no favour by telling you any different. Its going to be a long old wait unless you are very lucky.

 

So what to do next? Well, you are not well, and you need your GP tp provide written evidence of this for you. Your partner is clearly very poorly right now, medically and mentally, so a letter from both the GP AND the crisis team is needed. Your children are being affected at school, so letters from them as well are needed. All of these letters should have a slant about them of getting you rehoused - ie., this is the only way to ensure the emotional welfare of your children., and the future health of you and your partner. You can get Social services involved with regard to the other children, and also CAFCASS through the Court. When they visit, be open and honest about the overcrowding. If they think that the children would be better off with you, they will write to the Housing Dept to tell them so and the Council have to take heed of this.

 

Once you have collected all of these, copy them, and then write to your Housing Officer again and ask her to get you referred to the Social Panel. This may be called something else where you are, but it does exist. There will always be families who cannot be placed within the usual bidding/pointing system, there will always be unforseen emergencies involving housing, therefore they have these panels. Most of the professionals who will write to support you probably sit on the panel themselves and vote. I do regularly and in this case I would vote to give you priority.

 

I can only advise you as your HO probably will, if there is not a 4 bed house available, nothing and nobody can help you and that is it. Also that there will be other families in equally dire situations, all waiting for that elusive 4 bed property. Its a hard fact of life, there is not enough social housing to go around. So, however difficult it is for all of you, this is what you have to live with currently and all that you can do until that property does become available some time in the future is try and make the most of it. Sometimes, however much your HO wants to help you, they can't. The best she can do is present a very good case for you at a social panel and get you priority.

 

Anyway, I hope this all works out for you, you have a good case, but sadly there is a severe shortage of housing everywhere.

 

Post back if you need anymore help.

[jackieandwayne]

Go one better, write to Gordon Brown as well - I did over my mum's HB as I was furious at the Council, I got a reply back, an enquiry was made, and the problem magically disappeared! Ok, I know he only passed it to a minion in a very low office, but hey, it did the trick! You could also google the TSA (Tenant Services Authority) and give them a nudge, and never forget Shelter, they are very good. But you know, your HO might be very good too, so only use these things if she doesnt come up with the goods.

 

I'll bet you a pound to a dollar that those last two allocations both have medical reasons for the 4th bedroom, because otherwise they'd have got three's only. I expect one or other of the children in each family have something like ADHD which means they have to have their own room for time out/destruction purposes.

 

I once had an elderly lodger who just wasnt getting anywhere for a permanent council place. He kept ringing up the Council and abusing them. I suggested that he just backed off and waited - low and behold, without any further aggravation from him, he received an offer for a lovely flat, right where he wanted to be. I did tell him at the time that good things come to he who waits and its true.

 

Not suggesting that you have pushed and belly ached at all, but don't feel bad because you missed out this time, its only because there's something better for you out there, and it will come.

 

Fingers crossed, get on to those people who can support your cause, and push for a social panel hearing. Keep posting back as and when.