A complex start to 2011, any advice please?

[djpleasure]

Hi, this is a complex scenario, so I would ask if you would kindly read this in full and help if you have the expertise. I was not sure exactly where to post this. Also note I am acting on behalf of friends with no internet currently.

 

My friend, she went to live back at her fathers 3 bedroom council house in Sussex, and has been for the last 10 months or so. Within this time, her ex-partner had been in contact with her, struggling with disability, been on emergency housing transfer list for some time, level 2T. It had come to the point where he could no longer manage the stairs up to his flat, also struggling to even reach his car. Along with disabilities he has social phobia, so could not deal with all the people in London, as well as agoraphobia, panic attacks and other mental ailments. His ex offered to become his carer, a great friend, and the only person he could trust anywhere near him. The reason for them being ex's is he is Gay, but not openenly, struggling to come to terms with it.

 

He upped sticks, leaving his one bedroom council flat, as he simply could not cope with London, a dodgy neighbour, caring from himself, and the isolation and hermitising caused through living in London. He was fine when he lived in sussex prior to his breakdown which it the reason he left there in the first place. he had little choice, the break down caused him to be homeless if he remained in Sussex, he went to stay at his parents in London before being housed under mental health grounds. I guess technically if anything goes wrong, he would be intentionally homeless.

 

Everything was fine in Sussex, the girl living with her father, his wife and teen child, and the person she is carer for. They are all registered as living there. Now the father, wife and son went on holiday to Thailand, this is the brith place of Wife & child, they married and come to Britain about 8 years ago. They normally go for a month or two. However, they have just been notified that they are all going to stay in Thailand, never to return. Obvisouly the Londoner and his carer (Daughter of Tenenacy holder) would not be entitled to keep the house, one due to amount of bedrooms, two, they are not the tenant. They have tried to find private rented, but a lot are out of the scope financially for housing benefit, others just do not accept DSS, also they have a small yorkshire terrier, medicinal for the Londoner, clean, flealess, well trained. Most do not accept pets at all. Fighting a losing battle on that front. he cant do b&b, due to bad experiences when in b&b in the pasted, also due to social phobia and disability. Where do these two stand in regards to being rehoused in a suitable sized property? Please, any advice would be greatly appreciated as time is running out. They have yet to inform the council of the tenant leaving the UK, due to only just finding out, and obviously want to be equipped with all the information they can be.

[ErikaPNP]

The trouble is, that once the tenancy is ended, the two are effectively homeless. They would need to present themselves as homeless to the local authority who would no doubt place them in emergency accomodation if available, and it cannot be guaranteed that this wouldn't be a B&B or hostel, until suitable accomodation is available for them, and of course there is the waiting list which varies from one local authority to another. Have you tried Shelter at all? They would be in the best position to advise on such an issue.

[djpleasure]

An email has been shot off to shelter, awaiting response. other advise is to stay put, well they have little choice other than to do that. I think the issue regarding homelessness, the mental health has to be taken into consideration, if the person is social phobic, agoraphobic and needs a carer, they could not just put him into unsuitable accomodation. It would be like putting someone on the top floor with no lift, knowing the person cant walk, not saying this person cant walk, but just generalising how things must be taken into consideration. To get them out would end in a court eviction, perhaps there maybe some meeting halfway, freeing up the much needed 3 bedroom faster, but then thats what I think & is just an opinion.

[Conniff]

Ensure they are paying any requisit rent or they will be classed as squatters.

[djpleasure]

will pass that on, thanks Conniff

[Aviva]

They will not be classed as squatters. They would be classed as unauthorised occupants. Rental payments will not be accepted but they will be charged and can pay trespass and damage charges (which should be the same amount as rent).

 

If they have only just made the decision not to return and have not informed the Council they may still be able to assign the tenancy over to the daughter. Check the Council's website for info on their process re. assignements.