Applying for council housing when there is a previous re-possetion?

donny909

Trying to cut a long story short the situation is this. Me and my partner (and our child) have many legitimate reasons to move back to the area where I originally came from. And for the best part most\all reasons would certainly go in our favour. But there is a possable problem we have come by while filling the form out. It asks about previous orders for re-possetions etc and I'm a little unsure on what to put down or weather to put anything in that section.

It was going back about 4 years when my dad died. Unknown to me (as it only came to light after his death) he never informed the council that I had moved into the previous council property in the council area we want to move to. But after his death I was told I could take over the tenancy if I could prove I had lived there for a certain period. This I did and I signed for the tenancy soon after. But what the council then did was to slap about £1000 or more worth of my dads overpayment of housing benefit or something onto the tenency bill after I signed for it. None of this was ever mentioned prior to signing the tenency either verbally or in writing. The only knowledge of it was within a week of signing for the tenency receiving the bill saying I was responsable for it. I would never have taken the tenency had they mentioned this before hand. becasye as far as i know that was my dads debt and not mine.

After my dads death and to have a £1000 odd bill slapped in my face sent me over the edge and I suffered from depression etc. The result was I refused to pay the bill and accept the tenency on the grounds of what they tried to do afterwards as it was never mentioned that I'd have to accept a £1000 odd debt of my dads. I then left the property and I gather the council went to court to seek re-possetion rather than deal with my complaint over how they dealt with me.

Now my question is under those circumstances could I class the tenancy as void and invalid as if I never had a valid tenency to have had a re-possetion order against me in the first place?. Could this be used against me for a new application based on those circumstances?. Should I even mention it in the new housing application to the council seeing as strictly speaking I was not in the property at the time to know if a re-posetion order was granted by any court?.

Just not to sure how to proceed because on this issue and could do with some advice.

Wee_Willy_Harris

The council will have records of the tenancy, the arrears, the overpayment and the abandonment. If you fail to mention them, you may be suspended from the waiting list. If you DO mention them, you may be suspended from the waiting list. I'd approach the council and speak to them about the situation. They may be able to offer a solution. But, the longer you leave it, the longer it will take to get sorted.

squinty

Donny, no you cannot class the tenancy as invalid.

From your post it seems that you suceeded to the tenancy after the death of your father. This involves taking over all aspects of the tenancy including rent arrears - you cannot pick and chose which responsibilities you want.

WWH is correct - you need to sort this out with the council. Whilst you may feel wronged, there is nothing in your post that suggests the council have done anything wrong.

You have a debt with the council, regardless of whether you apply to them for rehousing.

jed1_2

Squinty are you sure? Although the OP succeeded the tenancy why would they be liable for another person's debts? Wouldn't estate of the person who died usually be liable for any debts they leave, not the person who succeeded the tenancy?

arby

but he proved he was living there for years during his dad's tenancy. that would make him jointly responsible for the bills

donny909

Thanks for the replies, I think at the time I proved I had lived with my dad a little over a year via an old bank statement. I had been paying my dad what I believed to be my share of the rent.

But I was never on the tenancy at any point prior to signing for it about 4 years ago. Yet they tried to attatch a housing benefit debt to my name.

There was never any rent arrears and before signing the tenancy the council made a point of saying there was no debt on my dads tenancy. By the way my dad never had an estate, money or anything of value upon his death.

I don't fully see how I could class abandonment as what I did as such, only in the eyes of the council. As said I refused to accept the tenancy on the basis that they wanted to pass my dads debt onto me. They refused to deal with my complaint and said rules are rules. Is there not a spent period (similar to distance selling act of sorts) on which the tenancy can rightfully have been ended by me (even if the council did not accept it) as they never informed me of all aspects or responsabilities that they wanted to impose on me?.

arby suggests I'd have been jointly responsible for the bills simply because I had proved I had lived there with my dad. I dont really see how this can be true as i'm fairly certain it was housing benefit of my dads that he applied for is what they wanted me to pay back. As this was something my dad applied for then it surely has to be my dads debt and never mine at any point?.

If, and this may be a big if, the council never had a legal right to pass on a debt of my dads to me and they put that debt on as rent arrears and only mentioned it after I signed the tenancy etc, could I then argue that I'd never have taken the tenancy and been treated unfairly just after my dads death to the point where they cant use it against me?.

But as said before the council planned on going to court to take re-possetion I told them I was leaving the property due to as said reasons. So strictly speaking I'd not be lying if I never made mention of a re-possetion as I never received any such order as I'd already left the property.

It may also be worth mentioning that my partner intends to be the primary applicant on the form so I'm wandering if I'd therefore be ok from that point of view or even it not going on the tenency could help?.

csnann

Housing Benefit forms asks for details of who else lives in the property, the benefit is reduced if there is any other adult present. If the father did not report the son being there, he made a fraudulent claim and the council are entitled to demand repayment from the estate. The son does not have to be named on the tenancy agreement for them to make this demand.

clutton_2

but it was the father who committed the fraud by not declaring that he had someone else living with him... why should the son have to pay the fathers debts ?

donny909

csnann wrote: »

Housing Benefit forms asks for details of who else lives in the property, the benefit is reduced if there is any other adult present. If the father did not report the son being there, he made a fraudulent claim and the council are entitled to demand repayment from the estate. The son does not have to be named on the tenancy agreement for them to make this demand.

But there was no estate after he died, he had £7.50 on him in hospital when he died. If that's the only estate they can gladly have that if they want.

But I, as a person cannot be classed as part of his estate?. I'm more of the line of thought that the council wanted to better balance there books and unfairly treated me in doing so. As far as I know from reading various threads of bills\debts after death on this site a next of kin etc are not liable for bills or debs if there is no estate to pay them?.

It's like if I moved in with a relative and they died owing thousands in say rent or over payments am I legally liable?. If not then is it illigal to have a debt forced onto someone who then has a tenancy in the form of arrears that has noting to do with them other than the dead person was the previous occupant?.

csnann

The estate consists of all types of property, not just money. Unless you and your father were living with no household goods of any kind, no furniture, no kitchen appliances etc, you can't say there was no estate. Of course you, a human being, are not part of the estate but as next of kin you presumably inherited and continued using the household goods.
As far as I can recall from taking over my mothers tenancy after she died, as next of kin I had to agree to pay off any outstanding arrears before they would transfer the tenancy to me. This may be why they are chasing you for the money, if you had not been living there and had just handed the keys back you would not have been personally liable for the debt. If your father made a fraudulent claim for Housing Benefit, the rent is still due after the benefit overpayment is repaid.
These are 2 separate issues here, the benefit fraud and the rent arrears resulting from it.

Wee_Willy_Harris

Were you living in your father's property immediately prior to his death.
If not, were you clasiming HB elsewhere (you mention another council house)?
When you left your fathers address, where did you go?