Can I challenge Housing Association?

[mumto6]

You have been so helpfull on another thread about council tax that I was hoping you maybe able to help me again.

During the council tax period my rent also got into arrears - I went along to court and was ordered to pay £3.35 per week. All ok - except since last year we have had another child and the house is over crowded - the Housing people say they will not rehouse me due to rent arrears.

It is a small 3 bedroom with 2 adults and 5 children , plus baby number 6 due in May 2010.

Am I in my right to try to at least argue my case or should I just give up?

[mumto6]

Can anyone help ?

[caro]

Have you been paying the arrears without fail and on time, as well as keeping up to date with your rent since?

[mumto6]

Perhaps if I post the email I wrote to send it may make more sense -

 

Dear Sir/Madame,

I write in the hope you can help me or advise me further,

Housing Problems

I am a tenant of xxxxxx Housing Association I moved into the property June 2007, as a single mum with 3 children. I now have a partner and 2 extra children so the property is now home to 2 adults and 5 children, I am also expecting my 6th child in May 2010. The size of my family proves problems in itself with 7 people living in a 3 bedroom property.

My tenancy states a total of 5 can reside in the property. We have the following living here –

xxxxxxxxx – 29 years

xxxxxxxxxx – 34 years

xxxxxxxxxx – 10 years

xxxxxxxx – 7 years

xxxxxxxxx – 6 years

xxxxxxxxxx – 17 months old

xxxxxxxxxx – 6 months old

Baby Due May 2010

I have asked to join the waiting list in my area for a larger property but have been refused. .

As a result of my arrears I was ordered by the court to pay £3.35 per week and I became unemployed simply as I could not afford to pay the rent any other way.

I have been paying £3.35 each week and from the dates 13th March to 6th November a total of £117.25 should have been, the total I have actually paid is £150.25. An overpayment of £33.00.I have paid as agreed for over 9 months now so surely this proves I am reliant when paying back my arrears. We have an income of Employment & Support Allowance & Disability Allowance; I can not afford to pay off a large amount to reduce these further.

Yes I have rent arrears but my social living situation is proving unbearable, there are not many 4 bed roomed properties in my area which is why I am asking for my application despite the arrears that I be accepted onto the housing waiting list as I know it could take a long time for a property to become available.

Bedroom 1 = 128sq m - floor area 110 sq feet (10.2 sq metres approx) = 2 people

Bedroom 2 = 125 sq m - floor area 110 sq feet (10.2 sq metres approx) = 2 people

Bedroom 3 = 70sq m - floor area 70 - 89 sq ft (6.5 - 8.4 sq m approx) = 1 person

In reality when you look at floor area you can see as most of the space is taken up with beds/ wardrobe/drawer set / cots the space we have is –

Bedroom 1 = 49.37sq m

Bedroom 2 = 45.21sq m

Bedroom 3 = 20sq m

Health Problems

· Matthew is receiving treatment for depression , anxiety and panic attacks

· Matthew also has 3 other children who can not come and stay with us due to lack of space – he has not seen his children for a considerable amount of time – court proceedings are underway

· Matthew’s heath is seriously unstable as he is also Diabetic .He receives Disability Allowance both The Mobility and Carers Allowance is awarded due to the severity of his illness.

· Due to his illness Matthew needs constant support and supervision and he does not sleep well thus waking the 2 younger children who have to sleep in our room due to lack of a spare room.

· I have a 16 year history of mental illness and although my last episode was 2 years ago the stress is causing me to become ill.

· Children’s school work is suffering

· Children argue and fight on regular intervals

· Children ask to live with father (eldest 3 ) (due to his violence nature this can not be allowed to happen)

· Children become upset and frustrated that they can not have any quiet time or a place to be alone.

· My 6 year old son has become very aggressive towards his siblings and also has problems at school the local authorities are involved and he has been assessed. Psychologist intervention was advised.

· Children are always tired as we swap beds most evenings just to try and get some sleep

· Children have been bullied at school mainly my eldest daughter (usually as she can never return the favour of having friends sleep over or come to play due to not having any personal space)

· My eldest daughter has shown signs of depression

As you can see I am living in unsuitable living conditions and my argument is although I have rent arrears surely the most important aspect should be that of my family’s health and not decided upon by my financial position. I feel dismay to learn that couples with 3 children are given 4 bedroom properties when I have an even larger family and need, but I am not even allowed to be on the waiting list as I have financial problems.

There is a 4 bedroom property available just a few roads away from my home available that has disables access with bedroom downstairs that would be ideal to solve our problems yet I can not even enquire. I feel let down and victimised.

I have not mentioned my own medical health ( I am at the GPs tomorrow for diagnosis)

I am at a loss into what I can do - do I send the email or am I wasting my time? They have not been nice to me in the past.

[mumto6]

I am so sorry as I copied it from my drafts email it seems to have gone funny????

[caro]

I think it probably depends on the individual HA, and their own policy.

 

As you're going to see your doctor it could be worth asking if s/he could provide a letter about the medical problems which could be helped by a move, particularly if it may make a difference to the children.

 

I suggest that you try ringing the Tenant Services Authority to see if they can offer any advice. About us : TSA :

[Aviva]

Caro is right it would depend on the policy of the HA. Some housing organisations have a zero tolerance policy and no one with rent arrears gets moved. Some state that if you owe over a certain amount you will not be moved and some state you won't be moved if you have arrears unless you have kept to an arrangement for a certain period of time.

 

If they have a website take a look and see if they have any details of their transfer policy on it. If not then you should ask them for details of their transfer policy including information about tenants in arrears and appeals. That way you will know whether the decision matches their policy and be able to make a better decision about what to do next.

 

My advice would be:

 

If the decision is not in line with their policy make an official complaint.

 

If it is then ask them to reconsider the decision and look at your situation as an exceptional case either through an appeals process (if they have one) or through a letter to the Chief Executive (I'd go high up as they have the ability to agree to agree decisions outside of policies that more junior staff do not).

 

If you find out that you can move with arrears as long as you meet certain conditions and you are not far off doing this then I would wait until you meet the conditions and then apply again.

 

You can also go to your local MP or Councillor and emlist their help. They will then make enquiries into your case. You could try the local press they love this sort of story. But then everyone will know your situation and still not get a different answer.