The Housing Act of 1985

[SillyMoo]

Hi All, A quick summary of the situation, we now live in a 3 bed council house, we have been awarded all our points by using a solicitor, we have in excess of 400, so always go to top of the list when we bid.

 

Now it states on the site when we log in, that a 5 bed is suitable, Council are now near completion of 2 x 5 bed properties local to where we want.

 

But they say we cannot bid as we are a 9 person household, and the new builds are for 8 people .

 

I supply you the act that they say is relevant, but that have not told me which part.

 

I will supply the ages of the family, and the sizes of the bedrooms in the new build.

 

Could some one possibly advise me were it states we cannot bid for any of these.

 

Thanks in advance.

 

Wife 50 Hubby 50

Daughter 20, Sons 14-13-8

Other family 3-2-and 6mths

 

 

Room sizes are as follows: Bed 1is 14.5sq mt or 150sq ft..... Bed 2 is 11.4sq mt or 122 sq ft---

Bed 3 is 12 sq mt or 129 sq ft, ....Bed 4 is 8.9sq mt or 95sq ft.... Bed 5 is 4.75 sq mt or 50.6 sq ft...

 

 

The Act is this

 

Housing Act 1985

(Excerpt)

Part X - Definition of Overcrowding

324 A dwelling is overcrowded for the purposes of this Part when the

number of persons sleeping in the dwelling is such as to

contravene

Definition of

overcrowding

(a) the standard specified in section 325 (the room standard), or

(b) the standard specified in section 326 (the space standard).

325 (1)The room standard is contravened when the number of persons

sleeping in a dwelling and the number of rooms available as

sleeping accommodation is such that two persons of opposite

sexes who are not living together as husband and wife must sleep

in the same room.

The room

standard

(2)For this purpose –

(a) children under the age of ten shall be left out of account, and

(b) a room is available as sleeping accommodation if it is of a type

normally used in the locality as a bedroom or as a living room.

326 (1) The space standard is contravened when the number of persons

sleeping in a dwelling is in excess of the permitted number,

having regard to the number and floor area of the rooms of the

dwelling available as sleeping accommodation.

The space

standard

(2) For this purpose -

(a) no account shall be taken of a child under the age of one and a child

aged one or over but under ten shall be reckoned as one-half of a unit,

and

(b) a room is available as sleeping accommodation if it is of a type

normally used in the locality either as a living room or as a bedroom.

(3) The permitted number of persons in relation to a dwelling is

whichever is the less of -

(a) the number specified in Table I in relation to the number of rooms in

the dwelling available as sleeping accommodation, and

(b) the aggregate for all such rooms in the dwelling of the numbers

specified in column 2 of Table II in relation to each room of the floor area

specified in column 1.

No account shall be taken for the purposes of either Table of a room

having a floor area of less than 50 square feet.

TABLE I

Number of rooms Number of persons

1 2

2 3

3 5

4 7½

5 or more 2 for each room

TABLE II

Floor area of room Number of persons

110 sq. ft. or more 2

90 sq. ft. or more but less than 110 sq. ft. 1½

70 sq. ft. or more but less than 90 sq. ft. 1

50 sq. ft. or more but less than 70 sq. ft. ½

(4) The Secretary of State may by regulations prescribe the

manner in which the floor area of a room is to be ascertained

for the purposes of this section. In addition, the regulations

may provide for the exclusion from computation, or the

bringing into computation at a reduced figure, of floor space

in a part of the room that is of less than a specified height not

exceeding eight feet.

(5) Regulations under subsection (4) shall be made by statutory

instrument that shall be subject to annulment in pursuance of

a resolution of either House of Parliament.

(6) A certificate of the local housing authority stating the number

and floor areas of the rooms in a dwelling, and that the floor

areas have been ascertained in the prescribed manner, is

prima facie evidence

[SillyMoo]

Just bumping up.

 

Does no one really have any Idea?

 

On the rules above, and on what I wrote, I myself cannot see any reason as to why we could not have a successful bid for this, there seems to me to be no reason, we certainly won't be making the new property overcrowed

[mariner51]

You are talking about Social/Council Housing and their points system. We are mainly private res LLs with little knowledge of such matters.

All you can do IMO is apply. Council may have earmarked properties for 'key workers' or consider your family to be too big in

[SillyMoo]

You are talking about Social/Council Housing and their points system. We are mainly private res LLs with little knowledge of such matters.

All you can do IMO is apply. Council may have earmarked properties for 'key workers' or consider your family to be too big in

 

 

Thanks for the reply, I was wondering with so many views as to why no one responded.

 

I have found out what I need anyway, I was just trying to confirm what my thoughts on above was, and i am correct.

 

The bit about in 2 years time, they cannot use it, NO ONE can Predict the future.

 

Housing Benefit has already fallen, You only get awarded the maximum of a four bed house if you live in a 5 bed house, so you would have to pay the shortfall yourself if any.