Housing Regulations - Successful Court Action

[flooz]

Thank you very much for 'visiting' the thread and for your advice. As it currently stands, the letting agent is going to have another 'word' with the landlord to see if he can get a positive result.

 

Failing that, I agree the best way forward would be to write formally to the landlord (who, incidentally, is a professional l/l, with many properties - not just a 'one-off') again requesting the removal of the furniture, and seeing what happens.

 

Some of the furniture is only fit for the tip really, but the problem items are 2 refrigerators and a washing machine, which as you will be aware, are not easy to get rid of these days (one of the refrigerators looks almost new, and it seems such a waste).

 

To use the LA words "he is very lacksadaisical in his attitude", but 6 months of repeated requests is a bit too laid back, lol.

 

I will just have to see what transpires over the next few weeks.

 

I have absolutely no intention of giving notice on the property, due to my mum's age and health, this property is perfect for her, being just 200m from me (I spend a lot of time 'caring' for my mum, due to her dementia, and I have walking disabilities) so the proximity is very important. Even if another property in the same area was available, it would be the same landlord as he owns the whole terrace (it's just 6 houses).

[Kentish Lass]

I get very cross with landlords who do not accept their responsibilities in relation to their properties. They just view their properties as ATMs and it is unacceptable.

 

Let us know how you get on!

[flooz]

Thank you KL, I will indeed keep you informed.

[flooz]

Today, under the instructions of the EA, all the offending property was removed from Mum's home. I was surprised that they clearers were instructed by the EA and not the L/L, but in the end, the required result was achieved.

 

The EA also assures me that the L/L will protect the deposit. On this one, i'm not so sure, I know there's lots of information on here about the TDS, but I've only read parts of it. I was under the impression though that the deposit had to be protected within a certain period of time, after that, it wasn't possible - but I may have read that wrong. If he's not able to protect the deposit now, then he only has himself to blame if he ends up paying Mum 3 x the deposit back (again, I'm not sure how it works).

 

One thing I did find out that I didn't know; the L/L would have been able to give notice without any reason whatsoever, if he did indeed get 'uptight' about removed his stuff from the property. You live and learn I guess.

[Kentish Lass]

Hi. This is a difficult one. The problem here is not wanting to upset the LL such that he issues a s.21 notice for possession.

 

He may issue a s.21 notice, but currently the rental market is not too buoyant so he may not wish to lose your mother as a tenant any more than you do not wish her to lose her home!

 

As quoted, I did mention in my previous posting that LL could issue a s.21 notice for possession if he chose to "get uptight".

 

However, it sounds as if the problem has been sorted by LA. Excellent.

 

And LL or LA can protect the deposit at any time - they are SUPPOSED to do it at the beginning of the tenancy but if they do it now, at least the object is achieved, i.e. the protection of your Mum's deposit. You should be notified by LL or LA within 14 days of the details of the scheme etc. so if that info doesn't turn up, chase them again.

 

Also, you can check yourself later to see if it is in one of the 3 schemes by telephoning them.

 

DPS 0870 707 1 707

TDSL 0871 703 0552

TDS 0845 226 7837

[flooz]

Thanks again KL, I apologise, I didn't realise you'd posted about the s.21 notice earlier - I was too pre-occupied with unwanted property I think, lol.

 

You've clarified about the TDS for me too, I knew there was a "14 days" mentioned somewhere, but wasn't sure if the LL HAD to work within that time-frame, or SHOULD do so.

 

The LL is a seemingly nice guy, just a bid laid back in his attitude. All-in-all, I have finally achieved the result required, and hope there will be no more issues where assitance is required.

 

[flooz]

Just wondering if anyone knows.

 

I found some information on a web site about a successful court action in the Birmingham Courts against the housing regulations and housing benefit.

 

Essentially, it was that the housing regulations only allow for a one bedroomed property for a person over the age of 25, but it was proved to be against the DDA for some disabled persons, for example, someone who needs a full time carer, and therefore housing benefit should be awarded on the basis of a 2 bedroomed home being required.

 

As I'm currently fighting my LA on behalf of my Mum, who has alzheimers, it would help me immensely to know what the case was, so I can quote.

 

Does anyone know what that case was?

 

Many thanks

[flooz]

anyone?

[soleman]

i think its CH/4018/2007 I hope this helps?

[flooz]

i think its CH/4018/2007 I hope this helps?

 

thanks for that soleman - I can't get into the link, it appears to be members by subscription only. I just need the person vs person details, so I can quote it in a letter. Do you happen to know it?

[soleman]

sorry about that. Try this link Social Security & Child Support Commissioners

I found it at Selected commissioners' decisions and upper tribunal (administrative appeals chamber) decisions from April 2009 to March 2010 - martin inch

 

http://www.administrativeappeals.tribunals.gov.uk/judgmentfiles/j2719/CH%204018%202007-00.doc (paste this in the address bar)

 

Its an appeal decsion, there it just the appellant Vs Birmingham City Cuncil

 

It seems to be the case you are suggesting, but not sure its relevant to your situation, its about a disabled student ,requires 2 rooms because they have a carer in student accommodation, however the room he rents is one bed. The issue it does the adjacent room his carer occupies count as part of his property?

 

I hope you can access these links

[flooz]

thank you Soleman. I guess all cases differ slightly, but I think the case proves that any LA have a duty to consider extra room requirements (if necessary) of a disabled person, when it comes to calculating housing benefit (that's how I see it anyway).

 

My mum receives HB in relation to a one bedroomed property, despite her renting a two bedroomed, due to her alzheimers she does need care, which I provide and stay with her when necessary. The LA keep quoting the Housing Regulations, stating that as a single person over 25, mum is only entitled to receive HB for a one bedroomed property. I'm trying to argue that point.

 

It's not easy as our particular LA is very undisabled friendly. From what I've researched, the Housing Regulations are under attack from various organisations as they don't take into consideration requirements of disabled people, such as carers, unless any one carer makes it their permanent residence - which is rarely the case. I believe LA's may be forced to change their stance as a result of this.

[Aviva]

There is also this case. Benefit regulations ?discriminatory? | News | Ocean Media

[soleman]

Good Luck Flooz and the above link from Aviva looks as though it may help too. I think your mum's LA should definately be looking into the possibility of helping with the shortfall via thier discretionary fund in the meantime though.

Regards Soleman

[flooz]

Thank you, both of you.

 

Interestingly enough, i'd done a claim for discretionary payments, and despite my showing a shortfall between income and what Mum reasonably spends on day to day living, they still send back the letter "no, we believe you've got enough money to live on". I've queried it, as I feel that they send this letter regardless of situations to try and put people off.

 

If need be, I'll start quoting DDA etc at them as well as quoting the successful cases above. I can but hope.

 

[Zamzara]

Maybe I'm missing something, but I thought the regs already allowed for a bedroom for a non-dependent? Normally a non-dependent deduction is then made, but not if the claimant gets DLA (i.e. needs a carer).

 

Did the local authorities just get it wrong in these cases listed?

[flooz]

They don't appear to; we've been informed that Mum will get the extra allowance WHEN someone moves in with her as a PERMANENT RESIDENT. The problem is, my family take turns to stay with her, as and when she needs. So there is no permanent residency of anyone in a caring role. And that is how the LA are currently viewing it.

[Emma1973]

There has been a recent successful appeal on this but the details havent been published yet. The consensus seems to be it can only be done on disability discrimination and human rights grounds. I suggest you see a welfare benefits advisor and a solicitor who deals in these things.

 

On another note I did actually get a discretionary housing payment for a couple on the basis they needed an extra room for the husband as he is disabled. But also another bedroom on the grounds they regularly look after a child who is disabled. I can only guess we have a generous LA!

[Zamzara]

They don't appear to; we've been informed that Mum will get the extra allowance WHEN someone moves in with her as a PERMANENT RESIDENT. The problem is, my family take turns to stay with her, as and when she needs. So there is no permanent residency of anyone in a caring role. And that is how the LA are currently viewing it.

 

Right, with you now.