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

Wee_Willy_Harris

terryw wrote: »

Willie,

I agree with you..It is extremely unlikely that the dad was an assured tenant. But this is bye the bye.
Donnie needs to trawl through the links for council rather than HA links.

Donnie must do some of the work himself. We can only but assist.

This should really have been sorted at the time. Advice could have obtained from any number of sources (CAB, Legal Aid etc) not now where presumably some sort of action has been taken to exclude him from the property.

bw

From what I can gather from his posts, as soon as the arrears/overpayment came up, he scuttled off to his girlfriends, effectively abandoning the tenancy and incurring additional arrears. But, as you say, this will need rersolving by the authoruty concerned with access to all the information, rather than the somewhat limited selection that has been presented on here.

donny909

Wee_Willy_Harris wrote: »

From what I can gather from his posts, as soon as the arrears/overpayment came up, he scuttled off to his girlfriends, effectively abandoning the tenancy and incurring additional arrears. But, as you say, this will need rersolving by the authoruty concerned with access to all the information, rather than the somewhat limited selection that has been presented on here.

It was'nt quite like that as had just burried my dad days before getting the hugh bill. That and finding out my partner was pregnant in the same week was a little to much to handle. As there was no way I wanted to struggle to pay for a baby and then have a £1000 debt on a tenancy to deal with which the council should have decided on or sorted before I signed the tenancy. Plus there refusial to deal with the issue properly or explain the debt properly left me with little choice but to tell them where to go in basic terms. So I never just upped and walked as I did try to resolve the situation with them for a couple of week before I gave up on them even wanting to resolve the situation.

Though am going to do some research on the council policy to see if that can clarify things

Wee_Willy_Harris

Fair comment Donny, but that was all 4 years ago. You need to talk to the council and HB to understand where this debt came from and what portion of it (if any) you may be liable for. Cetrtainly, from your posts, it's unclear if that is yet fully understood. My guess is that they will charge at least 4 weeks rent from when you originally signed for the tenancy, but that's something for them to discuss with you and not I. However, whatever the level of debt, ther may well be a mechanism in place that allows you to make a partial payment and then be allowed to apply. It may even be that your partner can apply debt free as a sole tenant. But they will chase for the money owed and, eventually, as now, you may need them again.

At the end of the day, large scale LLs like HA's and LA's are used to dealing with debts and arrears, they don't take it personally and will be much more flexible to those who face up to their responsibilities and make every effort to rectify/address an issue with arrears. Bite the bullet and resolve this issue.

donny909

Wee_Willy_Harris wrote: »

Fair comment Donny, but that was all 4 years ago. You need to talk to the council and HB to understand where this debt came from and what portion of it (if any) you may be liable for. Cetrtainly, from your posts, it's unclear if that is yet fully understood. My guess is that they will charge at least 4 weeks rent from when you originally signed for the tenancy, but that's something for them to discuss with you and not I. However, whatever the level of debt, ther may well be a mechanism in place that allows you to make a partial payment and then be allowed to apply. It may even be that your partner can apply debt free as a sole tenant. But they will chase for the money owed and, eventually, as now, you may need them again.

At the end of the day, large scale LLs like HA's and LA's are used to dealing with debts and arrears, they don't take it personally and will be much more flexible to those who face up to their responsibilities and make every effort to rectify/address an issue with arrears. Bite the bullet and resolve this issue.

Thanks for that, and it's all to easy to see now that I probably should have dealt with it a long time ago even if I was not in the right frame of mind when it all happened.

As I may have said before I dont have a problem in the slightest dealing with any rent owed for the period I did have the tenancy for even if that covers a period where due to bad weather the place was unlivable. So even the 4 weeks or so I had the tenancy can be reduced by about 2 weeks due to not being allowed in there.

I know it wont make any difference to the points awarded so may well just wait and see what they say and award points for seeing as the forms went in last week. Because the partners name is the main applicant but my family connections is whats being used to help improve the chances of getting council accomodation in that area.

But I'm looking through the councils site to work out what to put to them when I contact them during the week.

Wee_Willy_Harris

At this stage, you need information FROM them (and HB) to understand what happened 4 years ago. Once you have and understand that info, take it to someone like Shelter or CAB who can offer detailed independant advice. They will give you whatever amunition is available.

terryw

Wee_Willy_Harris wrote: »

At this stage, you need information FROM them (and HB) to understand what happened 4 years ago. Once you have and understand that info, take it to someone like Shelter or CAB who can offer detailed independant advice. They will give you whatever amunition is available.

There is also a possibility that the possession order is not really connected to these arrears however caused, but because of your abandonment of the property.

As Willie states you need information from the council about exactly what happened four years ago. A copy of your tenancy agreement and anything else that you signed at the time along with a copy of the summons for possession would be particularly useful.

At this point in time, no matter what injustice you think has been done to you, an application for a council house in this area is hardly likely to be looked upon favourably if a previous property was repossessed after a court hearing.

donny909

I've researched for a number of hours today and on each and every resourse I've looked at that mentions the issue they have all said that statutory successiontenants are not liable for any arrears that the previous tennats had, only that the estate is liable. In fact I cant find 1 single resourse that actually states statutory succession tenants are liable for the dead persons debts!.

Been onto the council today and they are seemingly struggling to find my old tenancy aggrement and dont seem to know if they think I'd have been liable for my dads debts. Will call them again tomorrow if they dont call back.

Now what happens if the council cant find any or all of any details relating to my tenancy?. Is it possable they have realised at the time there was problems and decided to "lose" things to possably cover things up for whatever reason?. It's not like that council are the most "honest" in the country.

And I have just found out off Shelter that If the correct legal procedure has not been followed by the council, eviction is unlawful.

Wee_Willy_Harris

Your liability may well depend on your fathers tenancy, not yours. Succession to an assured tenancy would make you liable for any arrears. The council should have copies. If they don't, then Shelter or the CAB should be able to advise on the best course of action. But you may still have a liability against any arrears accrued during YOUR tenancy. They should have a record of these arrears and the related documentation. If they haven't, then the same applies as for your fathers tenancy (shelter/CAB). At the end of the day, they may view the surrender of the tenancy as a case of "worsening your own circumstances", but that is something to be addressed as and when it becomes an issue. For now, you need to understand any liability the council may decree that you have. Concentrate on that first.

terryw

donny909 wrote: »

I've researched for a number of hours today and on each and every resourse I've looked at that mentions the issue they have all said that statutory successiontenants are not liable for any arrears that the previous tennats had, only that the estate is liable. In fact I cant find 1 single resourse that actually states statutory succession tenants are liable for the dead persons debts!.

Have look at this:


http://www.walthamforest.gov.uk/tenancy-succession.pdf

This is the wording:

"If the deceased tenant was in rent arrears, the successor is required
to accept responsibility for all outstanding rent arrears for the
property"

This is not your authority but I would guess that it applies to all councils.

donny909

terryw wrote: »

Have look at this:


http://www.walthamforest.gov.uk/tenancy-succession.pdf

This is the wording:

"If the deceased tenant was in rent arrears, the successor is required
to accept responsibility for all outstanding rent arrears for the
property"

This is not your authority but I would guess that it applies to all councils.

I can see that and it is posted in some of the places I've been to before. But this seems like it only holds true when there has been a joint tenancy or the successor was previously on the tenancy. As every place I've looked at do state that statutory succession tenants are not liable for any arrears if they were not on the tenancy prior to death. The above linked info may have chosen not to add the bit about non tenancy successors not being liable or left it in print like that assuming in there cases all succcessors were either partners or part of the tenancy in the first place?.

But I do hope to get clarification tomorrow as I'm waiting for a friend to link me to the correct housing act laws that would assumingly clarify things from a legasl point?.