Eviction if you are disabled

squinty

Running_Horse wrote: »

If only they didn't, but they do, and get away with it. They have even nicknamed judges "one last chance". Social housing works very differently to private, and if you know how to play the system you can get away with murder.

No, this is your perception. Please don't get this confused with reality.

The fact is that social landlords can and do take action agaisnt people with rent arrears. This does include evictions. I accept that some judges make strange decisions, but the fact that the landlord is taking tenants to court does suggest that landlords are taking action.

To suggest that the original posters relative will be OK if she does not pay her rent is bad advice. If she choses to take this course of action she will lose her home.

Jowo_2

squinty wrote: »

To suggest that the original posters relative will be OK if she does not pay her rent is bad advice. If she choses to take this course of action she will lose her home.

No, the point is not that posters on this thread are advising the OPs relative to play the system and not pay her rent - the tenant has been allegedly given the impression by a representative of her social landlord that she will never be evicted for arrears because of her disability.

In other words, her landlord is telling her that if she chooses to take this course of action and not pay her rent, she will NOT lose her home.

Running_Horse

squinty wrote: »

To suggest that the original posters relative will be OK if she does not pay her rent is bad advice. If she choses to take this course of action she will lose her home.

That's not what I'm saying. What I'm saying is that if she plays the system and offers to pay something off the arrears, she will not be evicted. Simply won't happen.

squinty

Jowo wrote: »

In other words, her landlord is telling her that if she chooses to take this course of action and not pay her rent, she will NOT lose her home.

Yes, I accept that the OP's SIL has been either been given bad advice from the Housing Officer or has not understood what was being said.

The point I was trying to make was twofold:

Firstly, that this Council is not typical. Local Councils do evict people (as an aside, I have never heard of any policy of any council where a disability would prevent an eviction)

Secondly, to challenge the view from Running Horse that somehow Social Tenants 'get away with murder' - this is just not true. And if the OP had advised her SIL of this it would not encourage her to face up to her responsibilities.

Running_Horse

I could give specific examples of social housing tenants with thousands of pounds arrears who have paid nothing for months, and the judge gives them one more chance. You may refuse to believe it, but it happens in courts every day of the week.

Morglin

kt33uk wrote: »

My SIL is disabled and lives in a council house with her partner and her 25 year old son. Her partner works full time and brings home a pretty good wage. The problem is that he is supposed to pay the rent every month and from what she has told me he hasn't paid the rent for over 4 months. She has been taken to court in the past for rent arrears and was threatened with eviction, but they managed to pay off the arrears. The house is in her name only so she is the one that gets all the calls about the arrears. Last week she had a visit from the local housing officer about her arrears. She said that the lady told her that they can't evict her from the house for rent arrears because she is disabled.

Can this be true?

Her arrears are currently sitting at over £800 and her partner is the type of person that would actually stop paying the rent if he thought he could.

Yes, if she is disabled, she is protected, and they would have to rehouse her anyway, as she is legally classed as 'vulnerable'.
(The partner is not protected, though)

It would be a rare court that would evict her, from social housing, under these circumstances! In fact, it would be unheard of, as the law protects her.

But, obviously, the rent needs to be paid, and they need to work out doing this, plus paying off arrears owed.

She should seek advice, and get some proper help, as the rules are complicated:

http://england.shelter.org.uk/

http://www.citizensadvice.org.uk/

Lin

woody01

Disabled or not...kick all 3 of them onto the streets.

They have plenty of money between them and if they can't manage themselves then why talk about vulnerability.

DLA/wages/dole money.....it all seems to be coming in. Wonder where it all goes and i wonder why the BF is getting all the blame?
I bet with almost certainty, its not only him blowing the cash.

ILW

Morglin wrote: »

Yes, if she is disabled, she is protected, and they would have to rehouse her anyway, as she is legally classed as 'vulnerable'.
(The partner is not protected, though)

It would be a rare court that would evict her, from social housing, under these circumstances! In fact, it would be unheard of, as the law protects her.

But, obviously, the rent needs to be paid, and they need to work out doing this, plus paying off arrears owed.

She should seek advice, and get some proper help, as the rules are complicated:

http://england.shelter.org.uk/

http://www.citizensadvice.org.uk/

Lin

If as you say she would never be evicted, then why does the rent need to be oaid? Seems that your post rather contradicts itself.

kt33uk

woody01 wrote: »

Disabled or not...kick all 3 of them onto the streets.

They have plenty of money between them and if they can't manage themselves then why talk about vulnerability.

DLA/wages/dole money.....it all seems to be coming in. Wonder where it all goes and i wonder why the BF is getting all the blame?
I bet with almost certainty, its not only him blowing the cash.

Please don't presume that you know the entire situation. I have actually been quite pleasant about her partner who happens to be my husband's brother. What I actually think about him I cannot write on this board or I would be banned. The nicest thing I can say without getting into trouble is that 'he is a waste space'

And yes it is him that spends the money. He drinks and gambles whatever money he has and no matter what we say to her she will not throw him out. What money my SIL gets goes on basic things such as electric and gas which he doesn't seem to think that much about. Putting £10 in both gas and electric when he gets his wages is his limit. He has actually only started buying food shopping after 6 months of buying nothing, my SIL was relying on handouts from us and she was having to go to the local Salvation Army for meals. The only reason he started buying food again was that I contacted Social Services about my concerns for her and they have been visiting her.


So woody01 please think before replying to a thread because you really don't know the entire extent of people's problems.

kt33uk

Morglin wrote: »

Yes, if she is disabled, she is protected, and they would have to rehouse her anyway, as she is legally classed as 'vulnerable'.
(The partner is not protected, though)

It would be a rare court that would evict her, from social housing, under these circumstances! In fact, it would be unheard of, as the law protects her.

But, obviously, the rent needs to be paid, and they need to work out doing this, plus paying off arrears owed.

She should seek advice, and get some proper help, as the rules are complicated:

http://england.shelter.org.uk/

http://www.citizensadvice.org.uk/

Lin

Thanks Morglin. Trying to work this out, so would this mean that because the tenancy is in her name that she couldn't be evicted but her partner and son could - or am I reading too much into this.

I do find it a bit weird that if they don't pay the rent then they won't be evicted but when I was in a similar situation many years ago, an eviction decree was granted against me and I was going to be evicted 2 weeks before Christmas. I got mine sorted out and don't ever want to be in that situation again.