Please Help Council Refusing to allow a move!

mum2one

Can you not get backing from your gp or your consultant, as surely your husband going to an upstairs flat is not helping, also write to your MP.

SLK1984

We do have backing from our GP and the backing of the Medical Services team that give the council the notification that we need to move to a ground floor property but the Council have suspended our application completely, i have spoken to Shelter and they have put me through to a housing aid who i have to go and see because they say we have a good case. I don't understand how the council can say after 11 months of us being on the list that we are not allowed to move they have made my husbands life worse over these 11 months and now we just can't see any end to the suffering, it is like being a prisoner in our own home. Thanks for all your replies.

teeni

Do you have a copy of the housing policy for the area to confirm what they say is correct.

Their refusal to allow you to bid may be contrary to the disbled person legislation.

Most local authorities do not allow you to move if you have arrears because they can not then use the threat of eviction if you fail to repay as they can only evict you from a tenancy for rent arrears that are legally due and if you move then the arrears you have can not be passed over to the new property.

Most will allow you to transfer if you have paid off a portion of the arrears and kept to a repayment schedule for a period of time.

You need to speak to someone from Shelter In your area or a solicitor who takes legal aid, (remember shelter will advise without cost whether you meet eligibility criteria or not)or ring 08088004444

If this is a blanket policy then it is unlawful as it is known as fettering discretion and each case is supposed to be dealt with on an individual basis , on the facts involved.

A final point if the property is dangerous fro your husband to access it could be considered unreasonable to continue to live there because of dangers to your husband then a new homeless application based on those grounds may be a possible way forward.

Also make sure you speak to the disabled social work team who may be able to help put your case.

SLK1984

I have read the council's policy on trasfers and it states that where a person has repeatedly not paid rent they will not be eligible to move but this is not the case with us we didnt repeatedly not pay it was just the time when we were having a problem getting benefits arranged, we even had citizens advice involved at the time and they couldn't help us. We were told that because my husband got SSP for a few months we were not entitled to anything as SSP is apparently paid in advance even though it was paid instead of normal salary which was paid one month in arrears as you work the first month and get paid at the end as in most jobs. We thought at the time this was ridiculous but we had no choice we had to live on just the Child Tax Credits that we received weekly for the next 3 months.

It seems extremely unfair that my husband has had an assessment from a Specialist Medical Services Team who said the only option was to move to a more suitable property as there could not be any changes to this one which would aid the medical conditions, yet this now 11 months on is being disregarded and we are told we have to stay where we are. The housing policy doesnt state anything about disabilities other than that the Medical Services Team will make a decision on the circumstances, we have had that they made the decision in our favour but the Housing will not go along with that.

ally67_2

slk1984 we are the same as you we live in tempary housing [3yrs now] we bid when we can [were a 4/5 bed need] because of the ages of our sons 21,19,18,14, 4/5 beds arent around this area
like you we have rent arrears [850] were paying back each week and were still being bypassed just been on at them and shelter

seven-day-weekend

I personally think the quickest way out of this is to borrow the rent arrears from a family member (if you can), pay off the Council and then pay the family member back as someone else has suggested.

If you can do it this way it will be a lot quicker than trying to fight the Council. You can do that after you have your new flat.

Wishing you well.

geoffky

your three sons 21/18/18 should be looking to make there own way in life shortly so you are not responsible for them once they are over 18 so no wonder council have said no...

SLK1984

seven-day-weekend wrote: »

I personally think the quickest way out of this is to borrow the rent arrears from a family member (if you can), pay off the Council and then pay the family member back as someone else has suggested.

If you can do it this way it will be a lot quicker than trying to fight the Council. You can do that after you have your new flat.

Wishing you well.

If i could do this then i would it just isn't possible my Family arent in a position to do this and my Husbands family can't either.

Dithering_Dad

geoffky wrote: »

your three sons 21/19/18 should be looking to make their own way in life shortly, so you are not responsible for them once they are over 18. No wonder council have said no...

Got to agree with geoffky here, your case is certainly nowhere near as pressing as the OP's.

OP, I hope this resolves itself soon in your favour.

SLK1984

Woodworker wrote: »

OP two members have asked can you borrow the money to pay of the council from a family member?

See it from the councils point of view, why should they move you to a ground floor (possible a more desirable/sought after) property which they can easily rent when you owe them money?

You can afford the internet so pay off your debts.

If only the world was as simple as it is in your eyes, you are presuming that because i am using the internet i pay for this, i have a telephone as i am sure most disabled people who are practically housebound would do and with it comes free evening and weekend calls and the internet, if you have nothing useful to say to help then why say it? I do pay my debts but if you can find a way of magically freeing my husband from his two disabilities and allowing us to both find a job please do!