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

clutton_2

there is no law that says children of any ages cannot share bedrooms. The local authority / housing associations have their own internal giudelines as to who they allocate their housing stock to.. and this is why you think you HAVE to have extra bedrooms..

It this were a law probably 30% of the population might be in court !

Jowo_2

jonuk7 wrote: »

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

The govt want to give social housing landlords the right to issue 2 year social housing tenancies and increase the churn and supply to those in need of housing.

Afterall, many of those who present themselves in need to the council are temporarily needy so there is no point in continuing to bottleneck the supply of social housing by granting lifetime tenancies to people who then keep the larger properties they have when their children move out or who then keep it out of the supply chain for another generation when a child inherits the tenancy.

Social housing allocation in the future may change to an interim emergency measure and be considered a step into private rentals, precisely because there is such a shortage.

jonuk7

clutton wrote: »

there is no law that says children of any ages cannot share bedrooms. The local authority / housing associations have their own internal giudelines as to who they allocate their housing stock to.. and this is why you think you HAVE to have extra bedrooms..

It this were a law probably 30% of the population might be in court !

Rephrase my initial comment of legally, my local authority and the 4 surrounding (Yes i have rang them all to see their polocies) States

NO CHILDREN WILL SHARE A ROOM IF THEY ARE OPPOSITE SEX AND 1 IS AGED 10 OR OLDER

So it is their policy they'll be break if they say no?

jonuk7

Jowo wrote: »

The govt want to give social housing landlords the right to issue 2 year social housing tenancies and increase the churn and supply to those in need of housing.

Afterall, many of those who present themselves in need to the council are temporarily needy so there is no point in continuing to bottleneck the supply of social housing by granting lifetime tenancies to people who then keep the larger properties they have when their children move out or who then keep it out of the supply chain for another generation when a child inherits the tenancy.

Social housing allocation in the future may change to an interim emergency measure and be considered a step into private rentals, precisely because there is such a shortage.

Literally just looked at my local estate agents websites just incase they do decide to offer the scheme, and all of them have 1 property at 3 bedroom obviously they wont allow me to move into bigger as it wont be classed as "Requiered" and id be under occupying which i understand, Also i live in a fairly sought after area of the country and all of the house i have just looked at are £600+ a month and 6 month tenancies so i move say next month into one of them, by june id be moving again with a partner that is 36/37 weeks pregnant by this point!

puddy

its probably just an aim, theres no way they can guarantee it, its simply not possible and it is not law

in addition your children are not at the age where they cannot share

children also sometimes may be sharing their parents rooms or the parents need to sleep in the living room

what is your medical needs or your partners situation that neither of your can work and provide your own deposit and rent privately if you are so concerned. i understand that your partner is pregnant but that is not a medical condition

jonuk7

puddy wrote: »

its probably just an aim, theres no way they can guarantee it, its simply not possible and it is not law

in addition your children are not at the age where they cannot share

children also sometimes may be sharing their parents rooms or the parents need to sleep in the living room

what is your medical needs or your partners situation that neither of your can work and provide your own deposit and rent privately if you are so concerned. i understand that your partner is pregnant but that is not a medical condition

Firstly at what point did i say my partner was under any medical treatment or that she was medically unable to work? re read before you post!

If you did read it you would see i am already working albeit part time due to cuts at work, as for my partner she is looking for employment and has been since losing her last job last month funnily enough with the MOD due to closures etc but you will find there isnt many places will tak someone on 8 weeks pregnant knowing they will be off on maternity and things

Me on the other hand have been signed of work for the past 6 months, i am in receipt of Employment and support allowance however they are looking at changing that through THERE choice to Disability allowance. I fail to see what is wrong with me is anything to do with you, as alrwady stated if the DR has told me not too AND the DWP are in aggrement. As for sleeping in rooms etc you would understand if you had seen where i live now it isnt possible. And that is using the guidelines of the website provided above

t0rt0ise

clutton wrote: »

there is no law that says children of any ages cannot share bedrooms. The local authority / housing associations have their own internal giudelines as to who they allocate their housing stock to.. and this is why you think you HAVE to have extra bedrooms..

It this were a law probably 30% of the population might be in court !

See the Housing Act 1985.

Jowo_2

t0rt0ise wrote: »

See the Housing Act 1985.

Here is a less legalese overview of overcrowding which makes clear that children under 1 are excluded and rooms, such as living rooms, are also counted.

"Overcrowding is ... allowed if the following applies:

• Natural growth - such as a child reaching one of the specified ages"

http://www.rotherham.gov.uk/info/200069/multiple_occupancy_homes/1371/overcrowding-statutory_overcrowding_housing_act_1985/1


If I've interpreted this case correctly (i only whipped through it) the law has been challenged and the law finds in favour of the social housing landlord if they can't offer a bigger property to an overcrowded household.

http://nearlylegal.co.uk/blog/2007/10/overcrowding-and-homelessness/

N79

t0rt0ise wrote: »

See the Housing Act 1985.

Which places a legal obligation on the T to not allow overcrowding. The provisions that apply to LLs apply at the start of tenancies and the only creates an offence if

"he fails to take such steps as are reasonably open to him for securing the abatement of the overcrowding, including if necessary legal proceedings for possession of the dwelling"

If there are no large properties available then LL has fulfilled their duty (these are secure tenancies so the LL can not seek possession). So overcrowding is the Ts fault, although there is little point or justice prosecuting them under S327 as it would achieve nothing. The property was suitable when the OP first applied so the council has met their legal obligations. As people have indicated, there is no obligation to address overcrowding where councils simply lack the resources to do so.

Make no mistake, it is the T and not the LL that is committing an offence in these circumstances.

Svenena

Also just a note about private rentals... just because they're all offering six month tenancies initially doesn't mean that you will have to move every six months. After the first six months, if you've proven yourself to be a reliable tenant, they may offer a longer tenancy. I imagine most landlords don't want to keep replacing tenants every six months!