Advice wanted re: Council and refusing to move us???

jonuk7

I Apologise now as this is a farely long post :-(

Basically quick catch up, i used to be in the MOD and as such got a property with them, i left the MOD in June 2006 but the local housing authority wouldnt move me until June 2007 as thats when i got the letter from the MOD officially evicting me through the courts.

I was given a 2 bedroom 2nd floor flat in July 2007 as at the time it was just myself and my little boy (Then 2 yr old)

I received a ltter from the MOD at my NEW address demanding £3362 for rent in the 12 months from leaving the MOD to leaving the accommodation, i accept this as i wasnt in the "job" so was not entitled to the house, not currently working it is been paid off very slow at £5 a month at present.

Since then i have met someone new we now live together and she has a little girl, my little boy is back to living with his mother but stays with me 3-4-5 days a week currently sharing a room with my step daughter.

We recently handed in a housing application form AFTER receiveing a letter from the local housing authority advising us to move to a 3 bedroom property as once one of the kids is 10yr old they are not legally allowed to share a bedroom.

So handed the form in detailing i was in arrears with the MOD which they already knew before they offered me the property i am in now, and i have medical issues which i was told to complete a medical form for, they then wrote to my doctor who ticked the boxs etc, then they send the drs letter to their own medical "Descision makers" who wrote back and yes low and behold said i fit into "Category C" (Extra 50 points), this was all done by 15th October.

I went in 2 weeks ago and asked how the application was getting on as i hadnt heard anything since the drs letter, i was advised it was in the system but not "live" yet as they were awaiting references from the MOD, but on the system with 100 points (50 for medical and 50 for amount of time in the county).

Went again again today as still not heard and was told it was still NOT live as they were awaiting ref from the MOD, explained i could tell them how much it was as stated in the form and replayment plan of £5 monthly, she went to the "back" and came back out with a whole new story now:

"It doesnt look like you will offered a place on our list as you have outstanding arrears wih the MOD"

Well sorry love but i had them arrears back when you first offered me the flat im in now if anything i have them yes but they are now SMALLER than they were back then, "Sorry sir have you thought of renting private?",

Yes ive thought about it but do you think i have £1500+ for the deposit etc? if i had that id hardly have any arrears would i?

She explained she couldnt really do anything and i should sit tight and wait for the letter advising yes or no, leaving it at that i also noted down that my partner was now 8 weeks pregnant as we didnt know she was when we completed the form..

So my main questions i suppose are:

1) Can they use the arrears as an excuse despite them been paid AND despite them being larger when they offered me my property im living in now through them?

2) With it been Legal that the children need seperating (Ok only 6yr old and 4yr old now) can they still refuse to move us?

3) Now my partner is pregnant too can they refuse even though the bedroom already has 2 beds and toys etc there is no way i could get a cot in there aswell and my bedroom has the wardrobes etc to give the kids "play space"

4) With a Dr writing and advising i need to be moved and then their OWN Medical advisors agreeing hence putting me in Group C of there 3 medical groups can they say no?

5) if they do write and say no were not housing you do i stand anywhere at all?

6) if they say "NO" would it be worth speaking with Local MP's/newspapers etc with 3 kids in a 2 bed 2nd floor flat?

Any before people start im not expecting to be moved NOW but i would like to know i am on the list (The points id receive would put me near the top according to their guidelines) so to know within the next 6 months or so i would be placed in a suitable house is what i want now a letter tomorrow saying here is your new keys etc..

Thanks in advance

BitterAndTwisted

Have you considered the possibility that your Local Authority have no larger properties to move you into?

I have neighbours who have been living for a very long time in a two-bed flat with what are now THREE teenage children of both sexes. I think when they moved into the property they had one child. Their chances of being moved to a larger property are nil.

jonuk7

Not a case of there are no properties as they would still put us "on the list"

Thats the second part of my problem but irrelavant, the block of flats im in one side (my side is 2 bed's the other side is 3 bed) now on my side is myself and parer 2 kids one on way, below me in a 2 bed is a single bloke 2 kids opposite sexes, and the bottom floor is a single elderly lady. NOW on the 3 bed side is one empty and has been for nearly 3 months, a single lady at the top and a elderly couple at the bottom? on the forms you fill in there is clearly 2 seperate boxes Over Occupied (I fall into this) and Under occupied (Everyone oppostite me in a 3 bed is this bracket)

Its more a case of cant be A***d by the look of it, Also with the application forms they send there is a list of what properties they have and where and how many etc, Clearly in black and white on that letter states there is ALOT of 3 bedroom houses round here some of which ARE empty as i have been and looked when deciding which ares we were going to tick

t0rt0ise

I know a bit about the overcrowding rules as I've just done a swap and it was an issue with the other family. Being pregnant counts for nothing. A baby under 1 year counts also for nothing so you won't be overcrowded until the new baby is aged one.

http://www.underoneroofexchange.co.uk/exchange1.html

t0rt0ise

You could also look for an exchange. I used this site and found a swap very quickly.

http://www.homeswapper.co.uk/

Jowo_2

Have a look at the Shelter websites section on homelessness and renting with a social housing landlord as that may cover their responsibilities which can differ if a tenant has arrears. If not, give them a phone. I'm not sure how your move is affected between social housing accommodation but certainly, those in arrears deemed to have taken place when they could have paid but did not are usually ineligible for assistance by the local council when it comes to homeless applications. Arrears are also a barrier when it comes to the acceptance of a request for a mutual exchange.

Many councils operate a deposit guarantee scheme for those on low income seeking private accommodation.

jonuk7

Thanks for the website but that also clearly states:

Remember:

No Children of the opposite sex and of 10 years or above should have to share a Bedroom

so is it a case of they can drag their heels for another 4 years then? by which time my eldest will be 10 yr old,

SouthCoast

The City of Brighton and Hove has 7,068 applicants in Band C.
In the last 12 months 162 of these were housed.

See page #13 here:

http://www.homemove.org.uk/uploads/BRHhomemove.pdf

BitterAndTwisted

They might state that children over a certain age shouldn't have to share a bedroom but in the (true) example I gave you they certainly do and shall until they come of age and perhaps are able to make their own arrangements..

I don't wish to sound unsympathetic but you did receive housing appropriate to your circumstances at the time. Now you have chosen to change those circumstances and I guess you'll have to stand in line along with everyone else.

Jowo_2

jonuk7 wrote: »

Thanks for the website but that also clearly states:

Remember:

No Children of the opposite sex and of 10 years or above should have to share a Bedroom

so is it a case of they can drag their heels for another 4 years then? by which time my eldest will be 10 yr old,

Your best bet is to contact Shelter to verify whether your arrears mean the social housing landlord is not obliged to process your request for a new property. Or whether it means that the age/sex/overcrowding regulations means they are obliged to accept your application regardless of your arrears but there's simply no redress if they don't actually have the accommodation available to offer tenants. Most social housing landlords have extensive waiting lists and can't magic up new properties on the date when their existing tenants households have a change of circumstance.

"It may be possible to get a transfer to another property owned by the council or a housing association. Most councils have a waiting list for tenants who want a transfer and can give you information about the rules. You are more likely to be offered a transfer if your home isn't suitable for you. Even if this is the case, you may have to wait a long time for somewhere suitable, especially if you need a large property."

http://england.shelter.org.uk/get_advice/renting_and_leasehold/council_tenancies/secure_council_tenancies#7

Depending on why you need to move, you may have to wait a long time before you are offered a new home. There is no guarantee that you will be able to get what you want. Transfers often take a very long time. There is a shortage of property in most areas, especially if you need a larger property. However, thousands of people get a transfer every year, so don't give up too easily.
Some housing associations have internal transfer waiting lists, but applications are usually processed through the council!!!8217;s central waiting list for housing (the housing register) so the usual rules on who is eligible and who gets priority apply. It doesn!!!8217;t work on a 'first come, first served' basis. Many councils have a points system based on housing need. The more points you have, the higher up the waiting list you'll be.
Existing tenants don't automatically get priority on the waiting list, so you should explain any special circumstances that might mean that you get extra points. A local advice centre may be able to help you to complete forms to make your application as strong as possible. They may also be able to help if you want to challenge a decision that the council has made about your application.

http://england.shelter.org.uk/get_advice/finding_a_place_to_live/transfers_and_exchanges/transfers#5

Can past behaviour be taken into account?
You will not be eligible to go on the housing register if the council decides that you, or any member of your household, are guilty of serious unacceptable behaviour. This may happen if they decide that you have done something serious enough to make you unsuitable to be a council tenant.

Alternatively, they may agree to put you on the housing register, but not give you any priority when deciding who to house.
When they assess your behaviour, the council can look at anything that would mean that, if you were a council tenant, they would be able to take you to court and get an outright possession order to evict you. This may be the case if:

• you have a history of serious rent arrears
• .......

If the council tells you that you are not eligible or will be given no priority for any of these reasons, get advice - you may be able to appeal against their decision. An adviser can look into your situation and may be able to help you show the council that what happened was not your fault, was outside of your control, or was not serious enough to mean that they should decide you are not eligible

http://england.shelter.org.uk/get_advice/finding_a_place_to_live/council_waiting_lists/who_is_eligible_to_apply#2


Here's the complaints procedure

http://england.shelter.org.uk/get_advice/finding_a_place_to_live/council_waiting_lists/challenging_waiting_list_decisions

jonuk7

Jowo wrote: »

Have a look at the Shelter websites section on homelessness and renting with a social housing landlord as that may cover their responsibilities which can differ if a tenant has arrears. If not, give them a phone. I'm not sure how your move is affected between social housing accommodation but certainly, those in arrears deemed to have taken place when they could have paid but did not are usually ineligible for assistance by the local council when it comes to homeless applications. Arrears are also a barrier when it comes to the acceptance of a request for a mutual exchange.

Many councils operate a deposit guarantee scheme for those on low income seeking private accommodation.

My LA do offer a "Rent deposit scheme" where by they will pay the 1st month rent and the deposit, however why should i have to move OUT of council property to private and then potentially after 6 months the landlord want to sell so we have to move again this could go on and on and with a baby on the way/born by then the last we should be doing is moving every 6 months or for them to say bye bye, no other properties available and we'll be back knocking on the councils door as we will then be homeless unintentially so they will be back to having to provide somewhere as we are not intentionally homeless? so kind of a pointless situation