Please Help Council Refusing to allow a move!

SLK1984

My husband was born with a disease which made his hip crumble away, he had an operation as a child to patch it up as best they can but he needs a hip replacement and his consultant isnt willing to do it yet because he is only 23. In 2006 we were homeless due to problems with neighbours and the council told us if we did not take what they offered us we would be given one of two properties, both being an upstairs flat. We had to take the best one even though they knew we had a baby and my husband has problems. But in October 2006 he developed another illness called Endolymphatic Hydrops which is a form of Meniere's disease only my husband has constant dizziness not bouts of dizziness. Last year he had to come out of work as he just could not cope any longer, as we had a baby i did not work he provided for us.

It got to the stage where he was having numerous falls a day and just could not be left alone because he cannot get up again or help himself when he does have these falls and the closest family we have are 8 miles away, so we applied for a move on medical grounds and this was granted last September we were put on the list and could bid weekly on what properties we liked (Ground floor flats).

Last week i found out that even though we came 4th on a flat 6 weeks ago, the 3 people in front of us said that they did not want it, we were bypassed by the housing officer and it was given to somebody lower down on the bidding list than we are. I immediately complained about this because we have been waiting 11 months to move and when we should have been offered something they give it to somebody else instead. This flat would have made our lives so much easier as it was on the street that my parents live on!

I received a reply to my complain today from the housing saying that we are no longer permitted to bid and will not be allowed to move because we have rent arrears and that we should never have been allowed to register and get priority in the first place. We do have rent arrears but what they will not take in to consideration is the fact that we only have rent arrears because my husband came out of a job in July last year and benefits would not pay us a penny until September, we have a payment plan on these arrears and pay it fortnightly and never miss it.

The Council have said unless we pay a lump sum off the arrears immediately they will not allow us to move no matter how ill my husband is, they know that he is waiting for an operation but cannot have it until we move but the letter states that unless they see a lump sum paid off our account even an appeal will not resolve our case, please help we have no idea what to do we are stuck in a flat that is making our lives very hard, thanks to anybody who can help.:sad:

dmg24

That is correct, whilst you have rent arrears you will not be able to move to another council property. I am not aware that there are any exceptions to this rule.

SLK1984

I have had some advice that they are not allowed to stop a disabled person who has a payment plan in place to pay off the arrears from moving i just dont know what we need to do about it, arrears or not the council are making my husband physical state worse by forcing us to stay in an upstairs flat, stairs that they know he cannot handle and has doctors reports to prove this.

dmg24

My LA will not allow anybody to move when they have arrears, so you need to find out the relevant regulations to quote to the council. CAB may be able to help further x

Scarlett.1974

That seems really harsh and you have my sympathies.

Not ideal I know, but would a family member be willing to offer you a loan to clear the rent arrears and you could pay this person back at the same rate you were clearing the arrears (or more obviously, if you could afford it?).

Failing that, all I can think of is to contact the CAB as dmg24 has suggested above.

Good luck

SLK1984

I wish i could pay them i just cant, i have just spoken to a housing advice line and they have sent my details to a housing aid company they say i have a good case against the council i just dont know what will happen and how long, all the time they make us wait my husband is suffering more

squinty

Local Authorites have not been allowed to have blanket exclusions within their alocations policy since the 2002 Homelessness Act.

Write to them and ask why you are not being considered, point out that you have made and kept to an arrangment for a period of time, and offer to alloow them to make it a condtion of any new tenancy that you will continue to keep to your arrangment. (but be aware that this means that if you do not keep to your arrangement you could put your future home at risk)

Good luck

NUFCnutter

Speak also to Shelter. If your husband is unable to manage the stairs and is being refused an operation because of it I am sure that they can offer you some advice.

house184

Local Authorities often use such blanket policies. They are I believe largely unlawful. If you have been sticking to a repayment plan try and find a community legal service housing advisor who can perhaps assist you in potentially judicially reviewing the Local Authorities refusal to nominate you to more suitable accommodation.

Ian_Griffiths_Halifax

How about speaking to your Local MP. Get them to tackle the Council. They like to get Brownie points through the local media for helping cases like yours.

dad-of-4

its complete rubbish what they have told you, they can chop and change how they operate at will, they will claim to have a blanket policy but then time and time again there will be an exception to the rule, and why? cos they make the rules and change them to suit.

if i were you i would be taking legal advice of someone who has an interest in housing issues,

i would also kicking up a big fuss if a consultant told me i was too young for a hip replacement. what a joke, whats your partner supposed to do, miss out on the prime of life? it never ceases to amaise me the shoddy service the NHS continues to dish out.