kerrier council are throwing my family on the streets

squinty

It look like some of the other posters are getting a bit ahead of themselves here, or just as likley that I have missed something.

Please can you clarifiy. Have you made a formal application to the Council (in Cornwall) as a homeless person? This is not the same as just filling in an application form, and will have involved a lengthy interview etc.

If you have made such an application have the council issued you with a formal decisions letter? If so please can you post some of the details about the decision? (the letter could be quite formal and talk about duties under the 1996 Housing Act etc) - I am not asking for you to provide the full personal details but the section about thier decision.

squinty

princeofpounds wrote: »

If you are in private rental accomodation and there has been no court order then you do not have to move out until there is a court order. Anything else is an illegal eviction, which is a criminal offence.

Whilst you are right, my reading of this is that the OP is in b&b - not in a private let.

Wee_Willy_Harris

squinty wrote: »

It look like some of the other posters are getting a bit ahead of themselves here, or just as likley that I have missed something.

Please can you clarifiy. Have you made a formal application to the Council (in Cornwall) as a homeless person? This is not the same as just filling in an application form, and will have involved a lengthy interview etc.

If you have made such an application have the council issued you with a formal decisions letter? If so please can you post some of the details about the decision? (the letter could be quite formal and talk about duties under the 1996 Housing Act etc) - I am not asking for you to provide the full personal details but the section about thier decision.

Without a homeless application, it's very unlikely (to say the least) that temp accommodation would be provided. The OP also states... "we went to the council who said we had made our selves intenionally homeless".... And .... "C.L.A are also putting in a review against the fact that they believe we are not intensionally homeless". You can't have a review of a decision without a decision.

PasturesNew

Right now, your best bet would be to buy a big tent. It's peak season... look for somewhere in September.

There is no housing in Cornwall, the lists are huge, the prices high... and it's the peak season.

Many people live in tents/sheds/garages as there's a shortage of somewhere to rent because landlords can get more money if they rent them as holiday lets at 4x the amount. But you should be able to get a winter let come September at least.

squinty

Wee_Willy_Harris wrote: »

Without a homeless application, it's very unlikely (to say the least) that temp accommodation would be provided. The OP also states... "we went to the council who said we had made our selves intenionally homeless".... And .... "C.L.A are also putting in a review against the fact that they believe we are not intensionally homeless". You can't have a review of a decision without a decision.

Yes, I suspect you are right.

However, the homelessness process can be complex especially for the applicant, and I wanted clarity on if this was a formal decision, or just a piece of LA gatekeeping.

Also, some LAs are more 'generous' in the use of b&b than others. The Code of Guidance makes it clear that under s198 the duty to provide temporary accommodation is based on "having reason to belief" rather than the "being satisfied" (.....that someone is homeless) for the full duty.

If the OP was to confirm, then the any advice could be better tailored to thier circumstances.

Jowo_2

The Shelter website makes clear that temporary accommodation is withdrawn once it's established there's no obligation on their part to house someone under the homelessness legislation and people who don't qualify for assistance are asked to leave. I can't find the exact guidance on this on their website but it's within their homeless section

http://england.shelter.org.uk/get_advice/homelessness/help_from_the_council/what_the_council_will_check/eligibility_for_assistance

Here's how to challenge the decision

http://england.shelter.org.uk/get_advice/homelessness/help_from_the_council/the_councils_decision

Tiddlywinks

Why stay in Cornwall - you only went there for a holiday for goodness sake.

You are an adult and have children who depend on you so YOU need to take some responsibility for your situation and be proactive.

There are no houses available in the area - so move. You don't want to change schools - well, you were happy to do that when moving into Cornwall - didn't you consider accommodation then?

Do either of you work? Having an income will increase your options.

Bad things do happen in life, harsh but true, it's how you rise to the challenge that's important. You need to take ownership of the problem and deal with it, not blame others for the fact that many, many months have passed and you still haven't found adequate shelter for your family (however, I see that you have had time to enter and post about all your competitions though).

Wee_Willy_Harris

squinty wrote: »

Yes, I suspect you are right.

However, the homelessness process can be complex especially for the applicant, and I wanted clarity on if this was a formal decision, or just a piece of LA gatekeeping.

Also, some LAs are more 'generous' in the use of b&b than others. The Code of Guidance makes it clear that under s198 the duty to provide temporary accommodation is based on "having reason to belief" rather than the "being satisfied" (.....that someone is homeless) for the full duty.

If the OP was to confirm, then the any advice could be better tailored to thier circumstances.

The "reason to believe" is what would trigger the homeless application. I don't know of any "generous" LA's with regard to provision of temp. It's frighteningly expensive, usually very poor quality and its use has been driven down by the last government as (rightly) totally unsuitable for families. If the LA didn't believe that her circs justified a homeless app, they would give her the coach fare home before offering temp.

bitsandpieces

If you're a woman, you could also see if Woman's Aid or similar can help - given the threats of violence.

Running_Horse

Should really have done that months ago when giving up a secure home in Surrey.

While I have every sympathy, imagine you are a family in Cornwall having spent years on the waiting list because outsiders have priced out locals from buying anything. Then someone arrives on holiday, decides not to leave, and tries to get priority for precious rare local housing. I would be fuming.