Need a bit of advice on qualifying for council house

Jowo_2

Back to the OPs original thread - how to maximise their chances of securing social housing.

As indicated on previous threads and in the advice given to you by the council, there is only a statutory obligation to house the homeless, those at threat of losing their accommodation in the next 28 days through no fault of their own (i.e. unintentionally and not through their behaviour, such as rent arrears).

Demand exceeds supply and in some areas the stock is so poor that homeless households end up being referred to private landlords by the council, anyway. They may be forced to act to prevent homelessness but offering a prized secure council tenancy is only one option - others include hostels, B&Bs and the like, as well as referring you to landlords that rent their property through a council scheme.

Should you not have any accommodation lined up within a month of the end of your contract, you apply as homeless with the council. Many operate a gate-keeping policy whereby they instruct tenants to stay in their current property until the landlord takes them to court to regain possession. They shouldn't do this - wait for a court order before they act - but they are forced to try and reduce the demand on their services this way. This is one of the reasons why private landlords will not accept HB/LHA tenants who are most likely to approach the council for assistance and be told to stay on past the notice period given by the landlord.

Read the Shelter section on homelessness to understand how any future application of yours to the council will be treated. In the meantime, put in applications with all the local housing associations.

weenickieS

debrag wrote: »

I don't look down my nose at people living in a council property just the one's who are complete trash, chavs, cheats etc, now they are the minority but they are everywhere.

Not that the OP is any of these

Its not just council houses you find trash, chavs and cheats.
I cant stand people who look down on people worse off than themselves. Its not always there own fault that they are in that situation.
Just because some people have better houses, more money etc than others does not make that person better than people worse off than themselves.

wrangler5

Quote:
Originally Posted by debrag
I don't look down my nose at people living in a council property just the one's who are complete trash, chavs, cheats etc, now they are the minority but they are everywhere.

Not that the OP is any of these


Eh? If they are a minority then how can they be everywhere? That doesn't make sense. Either they are a minority or they are not.

The_Eponymous_M

I'll try to give some generic advice on the allocation of accommodation, since I do so for a local authority that shall remain nameless. I apologise if I'm "breaking protocol" by not doing an introductive post, but I came across this question and felt I could actually give some constructive advice.

Most local authorities now allocate accommodation in line with the 1996 Housing Act (as amended by the 2002 Homelessness Act) requiring them to consider an application in relation to five categories of "Reasonable Preference" laid down in the act; Homeless and in priority need, Homeless and not in priority need, overcrowding/insanitary conditions, medical/welfare and the always vague "need to move to a particular locality to avoid hardship." To this list, a local authority may add it's own categories that should, ideally, be lead by local circumstance. For those that are vaguely interested, I'll give a quick rundown of what these mean.

Homeless and in Priority Need - Those who are owed a duty by ANY local authority under Part VII of the 1996 Housing Act, as in they have been accepted as homeless and have been issued a formal letter by the authority accepting them under sections 190(2), 193(2) or 195(2) although people who applied prior to this act may still be owed a duty under HA 1985 s65(2) or s68(2). This means that if, for example, you approached Birmingham City Council as homeless and were accepted, then Manchester City Council would have to give you preference on their scheme, despite them not owing you a duty. This can be somewhat "trumped" by Local Connection, but I'll get on to that later.

Homeless and not in priority need - Those who have approached the local authority and have been found homeless, but that the authority does not have a statutory responsibility to. This will vary from place to place around the country; London boroughs tend to take a hard line and won't accept anyone they don't absolutely have to, whilst local authorities with a larger housing stock may be more willing to accept people not considered in "priority need" in order to fill up vacancies. There is an argument that this "Reasonable Preference" can be discharged if the applicant has been given advice and assistance (usually in the form of a leaflet explaining their options).

Overcrowding/Insanitary conditions - Usually considered if the household is lacking one or more living rooms/bedrooms than their assessed bedroom size. Remember nearly all local authorities have different ways of calculating bedroom needs, so don't always expect the same response.

Medical/welfare grounds - This is a fairly vague category; but a good rule of thumb used by local authorities is "if we move you, will you medical condition improve." Remember; if you submit a letter saying you need to move on medical grounds because you cannot manage stairs, for example, you cannot then expect the local authority to provide you a house with stairs when they could simply give you a flat. A double edged sword this one.

Need to move to a particular locality to avoid hardship - The vaguest of vague. No where does it define what "hardship" is. Usually considered to be related to giving or receiving care, for example the need to live in a particular locality to act as a carer for someone or to receive care that can only be received in that area. I've seen it argued in relation to work, but I've not yet seen it work successfully on those grounds.

So I've applied and been given a bedroom size and a level of priority, what next?

This is another area that many applicants don't always get; now YOU need to do something. Most local authorities advertise the properties available on a weekly or fortnightly rotation. You have to "bid" for the properties that become available to register your interest. The term "bid" is used although it doesn't relate to actual money in this case, it's just the terminology used in the act as it refers to "levels of currency" i.e. your level of priority.

It may take years to be successful; it all depends on the housing stock available to the local authority. Some local authorities have a waiting list that is 3 or 4 times as large as the actual number of properties they own! Across the country, on average flats get 30% fewer applicants than houses and properties over the 3rd floor get less applicants still. If you can stomach high-rise, it can be a quicker way of getting accommodation.

What can stop me getting an offer?

Local connection - Do you have a connection with that particular local authority? Some local authorities take a hard line on this, some less so; again, it depends on how much stock they have and the level of demand. A Local Connection is usually considered to be: living in the area for 3 out of the last 5 years or 6 out of the last 12 months, having permanent employment within that local authority (although I have seen it argued on long term temp contracts) or having immediate family within the local authority. Immediate family is usually considered to be parent, siblings or children. The Code of Guidance, which suggests how local authorities should run their scheme, suggests a more open view with family connections, but the act itself is very specific.

Finances - If a local authority feels you have sufficient means to purchase or rent in the private sector. No hard and fast rules on this one; it's down to the officers administering the scheme to make the decision.

Behaviour - Unpaid rent, ASBOs, untenantlike behaviour, previous criminal convictions all can be held against you.

So, what can I do to improve the odds?

Apply to more than one local authority - even within London, the amount of stock available to local authorities varies from 3,000 properties in one borough to over 25,000 in another. You can apply to as many local authorities as you like under the act, they are all obliged to accept your registration. Beware the rules on Local Connection however.

Tactical bidding - Most people still bid at the first chance they get; if you wait until closer to the end of the cycle, you can usually see which properties have got fewer bids and therefore can work out which properties you'll finish highest for.

Only bid for properties, you actually want - Bid inappropriately and you could find yourself homeless. A local authority can discharge it's homeless duty towards you if they make you an offer of a permanent property.

Have your documents ready - Before letting you sign up, most local authorities need to see 5 years proof of residence (bills, bank statements, nice formal things like that), passports or birth certificates for ALL household members, proof of all income (working, benefits and any investments you may have) and proof of status (that your status in the United Kingdom allows you to be offered a property. Not having documents can stop offers; local authorities can't wait whilst you order copies of things.

Things to remember

Always read the local authorities Allocations Policy (may also be called a lettings policy) most of the time it’ll be online or available from their offices.

Most local authorities now run credit checks as part of their investigation; they may know more about your finances than you do. Be truthful at all times and if there are changes in your circumstance, let them know. Also be aware they may cross reference checks with the DWP. If they find anything even vaguely suspicious, you could find your benefits suspended.

If you REALLY want to know what the local authorities can and can’t do, the book considered standard by most local authorities is “Homelessness and Allocations” by Arden, Hunter and Johnson. Also makes a great doorstop and more than 10 pages will put the worst insomniac to sleep.