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do you know 'Housing Law' re: Children living in Flats

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24

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  • Yolina
    Yolina Posts: 2,262 Forumite
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    Someone will have to try and explain to me this obsession you Brits have with houses :) I'm French, and back home many people happily live in flats (which doesn't necessarily mean Council housing) children, pets and all - I certainly did. I've been in the UK for nearly 20 years and I've never really understood the "must be a house not a flat" thing... And yes, when I bought a place in London, I chose to get a flat.
    Now free from the incompetence of vodafail
  • galangm8
    galangm8 Posts: 149 Forumite
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    J_i_m wrote: »
    And we have to remember staff at any place are required to follow the employers policy. It's there to protect them and the customer.

    That is correct, but the policy has to make sense first...

    Even the Housing Manager could not understand why, only that is the policy they have to follow.
  • galangm8
    galangm8 Posts: 149 Forumite
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    diamonds wrote: »
    My old council brought this policy in many years ago, central heating & double glazing for all & gardens for children.

    Pulled down thousands of "highrise" (estimate 20-30,000) flats over last 15 years and housing associations built "houses" in their place, its a great policy children should have a garden. All the HA will back down if you want flat, but the council will only entertain a flat with under 16's if you go through their homeless unit, not the "normal" waiting list, ie only to meet their housing legislation obligations and get you off the homeless list.

    Yes children should have a garden in an ideal world, but not if it is a toss up between preventing homelessness or ring o' roses, it is not.

    This HA's policy is children can live in a ground floor flat IF it has its own front door!

    Can someone explain why that would make any difference.

    The high rise flats are not the 60's concrete jungle type at all, they are brand new, beautiful, spacious en-suite bedroom, top price apartments, which were for sale only and as no one is buying they have changed them to choice based lettings.

    The one my neighbour is interested in is a building with 2 flats (only the size of a normal house), one ground floor and one upper (upstairs bedrooms in a normal house are higher than this flat), but they say no not for children.

    A 14yr old has had all their playing in the back garden days really....so that can't be the reason, surely an applicant should be able to choose.

    I'm looking into it further.....as i worked for Lambeth Housing and 8 out of 10 families lived in flats with many children and when they asked for a house with a garden, well I think you know the answer.
  • terra_ferma
    terra_ferma Posts: 5,484 Forumite
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    galangm8 wrote: »
    I wonder if anyone can help?
    social housing providers not offering a tenancy to a family with a child under 16yrs for a flat.

    The housing provider has offered her beautiful, brand new properties

    You are not saying why she would be entitled to be offered a property in the first place, but it sounds like she has been offered properties that meet and exceed the family's requirements but she rejected them.
    I believe often in such cases people go back down on the list, or can be taken off altogether if they apply for properties on the list and then reject them (unless she was made informal offers outside the list).
    She would need to put forward a very strong case to demonstrate why a house would be unsuitable, but what you said would not be strong enough.
    Safer as higher up, getting through intercom system first, floods, usually cheaper....
    The one my neighbour is interested in is a building with 2 flats (only the size of a normal house), one ground floor and one upper (upstairs bedrooms in a normal house are higher than this flat), but they say no not for children.
    she can't just pick and choose ONE property where she would like to live, it's just not possible, and in my opinion unreasonable.

    In my opinion she would be able to challenge a Housing Association policy if she was able to show that it doesn't meet her family's needs, or it discriminates on any grounds. She could make a formal complaint, they may accommodate her just to avoid hassle, but I can't really see how she can show that they are being unreasonable.
    Incidentally, other routes to those who have a genuine and well founded complaint (e.g. overcrowding, unsanitary conditions etc) could write to their councillor/PM, the papers, seek advice from CAB, Shelter etc, but don't think they would be able to help your friend.
  • galangm8
    galangm8 Posts: 149 Forumite
    edited 1 December 2012 at 11:57AM
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    You are not saying why she would be entitled to be offered a property in the first place, but it sounds like she has been offered properties that meet and exceed the family's requirements but she rejected them.
    I believe often in such cases people go back down on the list, or can be taken off altogether if they apply for properties on the list and then reject them (unless she was made informal offers outside the list).
    She would need to put forward a very strong case to demonstrate why a house would be unsuitable, but what you said would not be strong enough.
    Safer as higher up, getting through intercom system first, floods, usually cheaper....

    she can't just pick and choose ONE property where she would like to live, it's just not possible, and in my opinion unreasonable.

    In my opinion she would be able to challenge a Housing Association policy if she was able to show that it doesn't meet her family's needs, or it discriminates on any grounds. She could make a formal complaint, they may accommodate her just to avoid hassle, but I can't really see how she can show that they are being unreasonable.
    Incidentally, other routes to those who have a genuine and well founded complaint (e.g. overcrowding, unsanitary conditions etc) could write to their councillor/PM, the papers, seek advice from CAB, Shelter etc, but don't think they would be able to help your friend.

    Thank you for giving your thoughts.

    That is the problem you CAN pick and choose properties the HA has on offer under the bidding scheme/Choice based Letting, as long as you meet the criteria.

    Criteria being - Excellent Customer Status (you have shown proof you rent/mortgage account up to date, property and any garden/outside buildings kept immaculate when they do a home visit, police checks, refs) and you are the longest registered.

    Next, you have chosen a property with correct room allowance for your household and then it is yours.

    So in this case the applicant is is always first on the list as has been listed for over 10yrs and offered the properties but can not have a flat.

    All I am asking is why do you think a policy would be made that a 14yr old can not live in a flat? I would say that was discrimination in itself.

    I can understand about little children needing gardens and the safety aspect but as I said this flat is lower than any upstairs bedroom in a house.

    There is good reasons why she wants a flat, but complaining,I don't think HA would be able to change their policy would they if that are the rules. I would jut like to know why they made that rule as other HA and councils state children over 7 cannot be above the 2nd floor. *confused*
  • perthperson
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    She could take a house and then go for a mutual exchange with someone with a flat who really wants a house? (assuming you have such a thing as mutual exchanges in England)
  • galangm8
    galangm8 Posts: 149 Forumite
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    She could take a house and then go for a mutual exchange with someone with a flat who really wants a house? (assuming you have such a thing as mutual exchanges in England)

    No the property you exchange with must meet your household needs and a flat would not be considered for the same reason...child/children.

    Sorry my post above should have read 'children under 7 are not allowed in flats above 2nd floor!

    ',,,does that mean children over 7 are, also that must mean any age is allowed on the first and second floors,

    Just does not make sense, there must be many people on this forum who live in social housing flats with children,
  • custardy
    custardy Posts: 38,365 Forumite
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    Its a tough life
  • galangm8
    galangm8 Posts: 149 Forumite
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    custardy wrote: »
    Its a tough life

    Please elaborate.
  • Tiddlywinks
    Tiddlywinks Posts: 5,777 Forumite
    I've been Money Tipped!
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    custardy wrote: »
    Its a tough life

    Yes... it certainly is.

    This is a shocking story - a Housing Association is seen to fail its tenant by offering a suitable property i.e. it was a house with enough room for the mother and 14 yo to live comfortably - this is such a bad example of discrimination that the OP should get the newspapers involved... (clue - sarcasm intended here)

    The world gone mad - talk about a sense of entitlement.

    Here's a crazy idea... she could always exercise free will and go and rent a flat in the private sector!
    :hello:
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