Council Housing?

CJOR

Another question! sorry!!

We are currently on the council housing register would going BR make a difference or not as to whether we can still be on the list (if a house became available??)

Thanks xx

Merry_Gentry

It makes no difference at all.

CJOR

THANKS! just a little bit of good news for today!! :-) thanks again xx

skylight

Yes. And No.

Council housing depends entirely on availability in your local area and BR alone will have no bearing on bumping up the list at all.

However, if your property is repossessed because of BR, then you are regarded as intentionally homeless. If you have children then the council still have a duty to house you (although this will initially be temporary accommodation) whereas if you don't have kids then there is no obligation and they will not help at all. You will continue along on the list as you were before.

CJOR

We currently rent so do not have a mortgage

Would it be best to go in arrears with the rent payments? (this way we could afford at the moment the BR fee)??????

skylight

Thats a toughie. Defaulting on a mortgage is easier as its a faceless bank. Defaulting on a rental is worse as its a person you have to deal with and see. Even if the landlord is a real bum, not paying the rent could force him down the same path as you.

fiveyearplan

Not sure but I think that not paying your rent would make you intentionally homeless.

peachyprice

CJOR wrote: »

We currently rent so do not have a mortgage

Would it be best to go in arrears with the rent payments? (this way we could afford at the moment the BR fee)??????

No, please don't do that, you need your LL on your side when you go BR. If you pee him off because you haven't paid your rent he can evict you at the first opportunity. It's a bit different not paying your mortgage.

CJOR

Thanks! didn't want to anyway but over 2 months it would have been the BR fee.......... but no it would be irresponsible of us to do that!

debt_doctor

Hi all,

Just to clear up a little point. Not paying your mortgage or rent does NOT automatically make you intentionally homeless. It may well do, but it depends on the circumstances.

If the only money you have perhaps because of job loss, illness, short time working etc can only meet your food, utilities and essential costs with little or nothing left for rent / mort, then that is not intentional.

Also, the legislation guidance states that " you should not be held to be intentionally homeless if you are subject to severe financial pressures"

Many local authorities deliberately avoid their legal reponsibilities when they think they can get away with it. I have had many clients obtain council housing after not paying the mortgage and / or going BR, but I have really had to push to get the council to comply with the law. ( and that includes me in my own situation! )

DD

wallopadonkey

correct you are not intentionally homeless if you become bankrupt they are more interested in how etc ie have you done it on purpose

one really interesting point as we went through all this with council and shelter was that if you leave your home before eviction you will probably be classed as intentionally homeless but then if you rent for one week and are made homeless because of other circumstances the first property that you left is not taken into account at all
so you could then be helped by the council (does that sound like a ramble?)
err to clarify
so if we leave our house before reposession (intentionally homeless as not evicted)
we move in with relatives and find that they are unhappy with the situation too cramped etc after 1 month we are then no longer intentionally homeless
and the council will help you
hope that helps a bit
dave
will try to find some guidelines on this from shelter and cccs we had (under the counter)
and maybe get them posted into the sticky section