Housing and Council Benefit help needed

[Redstar7]

Hi everyone,

i am currently unemployed claiming JSA and i live alone so i am eligible for Housing and council tax benefit.

The previous tenant was my mother who has left the property (moved out) so has left it for me to me to pay for. I have no contract with the Housing Association however and was told over the phone by the housing officer that this was fine, the flat would not be in my name however. Is this right? Is claiming benefit about just giving a name and address?

Is anyone and have they been in a similar situation?

 

Thanks for your advice guys

[ErikaPNP]

To claim housing benefit and council tax benefit, you have to be accepted as the "liable person". The council who make the decision on your benefit claim will look into your circumstances and decide if you can be treated as liable to make payments in respect of the home.

 

I'd strongly urge you to further explore your situation; as your mother has left the property and you are without a tenancy agreement you are in a very vulnerable position.

[Redstar7]

Thanks for replying Erikapnp,

 

Yes i am going to contact the Citizens advice Breau tommorrow. I must be accepted as liable, the Housing association is duty bound to provide housing for those who need it are they not?

 

edit: ok i have just found out i am legally classified as a squatter so i'm homeless! The upside is that the council are duty bound to provide temporary accomodation.

Edited October 11, 2010 by Redstar7

[loan_ranger]

Hi Redstar7, I've just read your thread and would like to suggest a couple of useful links:

 

Rent in advance

A CL can be obtained for this whether or not the applicant is leaving institutional or residential care or has applied for or obtained a CCG. Web-page c/o 'Shelter'.

 

Homelessness Code of Guidance for Local Authorities

In order to achieve lower homelessness "targets" Councils are being unhelpful. Misinformation, incompetence and "gate keeping" are widespread. It helps if you know how the Councils are supposed to apply the law because they pay scant regard to their duty of homelessness.

 

Kindest regards, Paul.

[Redstar7]

Hi Redstar7, I've just read your thread and would like to suggest a couple of useful links:

 

Rent in advance

A CL can be obtained for this whether or not the applicant is leaving institutional or residential care or has applied for or obtained a CCG. Web-page c/o 'Shelter'.

 

Homelessness Code of Guidance for Local Authorities

In order to achieve lower homelessness "targets" Councils are being unhelpful. Misinformation, incompetence and "gate keeping" are widespread. It helps if you know how the Councils are supposed to apply the law because they pay scant regard to their duty of homelessness.

 

Kindest regards, Paul.

 

 

Thankyou Paul,

I did smell something fishy about the "advice" given by the incompetant "Housing Officer" who actually did not know what a "Request to Assign a Tenancy" form was!

Ok so i am going to send a letter to the Housing Association recorded delivery (so cant be ignored) formally requesting the flat given in my name.

[phoenix11]

Hi redstar

 

Can I also recommend you contact Shelter too for advice.

 

I've been through months of hell with my son getting our local council to provide housing for him under the relevant act and as already mentioned, gatekeeping is widespread and deliberate.

 

If things get very difficult, you may be entitled to legal aid for help with a solicitor to force the council to abide by the law, so it's better to have all the facts and support sooner rather than later.

 

Again, Shelter may well be able to give you more helpful local info on this.

[Redstar7]

ok thanks guys, i have just sent an email to my housing association anyway and they have said they are unable to assign the tenancy to me. But add me to the household list lol

Yes i know i have a right under law to recieve this small flat to live in. They are sending a leaflet about the rules to me through the post as well. Do i need to get this in wriing from them? and how long would it take for them to evict me? Months? If i took this to court the judge has to rule in my favour doesn't he?

What is the point of "gatekeeping" if they know someone is prepared to take this all the way, get local Mp involved etc which i am thinking of doing.