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

jonuk7

Jowo wrote: »

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/

One thing to note though you are using a Rotheram website each LA is different as ive found, some have said its fine some said no, some say kids cant share at all if opposite sex some say upto 7yr old some say 10, suprisingly i cant find ANYTHING online for my LA so having to trawl through all the paperwork i got originally when i was given this place and found a few bits regarding THEIR legislastion such as children of opposite sex's cant share a room once one is 10 year old

N79

Jowo wrote: »

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/

You have interpreted it correctly.

Jowo_2

jonuk7 wrote: »

One thing to note though you are using a Rotheram website each LA is different as ive found, some have said its fine some said no, some say kids cant share at all if opposite sex some say upto 7yr old some say 10, suprisingly i cant find ANYTHING online for my LA so having to trawl through all the paperwork i got originally when i was given this place and found a few bits regarding THEIR legislastion such as children of opposite sex's cant share a room once one is 10 year old

Your main issue is to find out whether the council can influence the allocation because of your previous rent arrears. For that, consult Shelter or Citizens Advice.

it seems fairly clear that there is next to no legal come back on a social housing provider if it can't offer larger accommodation to crowded households. there may be housing law to support this, the local authority or social housing landlord may have policies/best practice guidelines, but there's little can be done when there is higher demand than there is supply.

find out from a housing advice charity if a social housing landlord is free to scupper a transfer because of your rent arrears - that's the main barrier here.

Also, since they can count the living room of a certain size as a room for the purposes of calculating overcrowding, how does your situation stand now?

puddy

i think its unlikely you will be asked to leave when your child reaches 10. they will expect you to share a room or sleep in the living room or have one of the children sleep in a living room

guidelines are just that, they aim to have children in their own rooms where necessary but if they cant, they thats too bad. what do you think happens where someone owns their own home and cant afford to move.

the links above are right, a landlord cannot accept tenants if they would be overcrowded but if you're already living here and have more children then the landlord, especially a social landlord is unlikely to just chuck you out

i made my assumptions from your first post, you didnt mention you were working until later (by the time i read it I had made my post), although i dont know how you can be working and signed off sick at the same time?

to be honest, i responded based on the posts of yours where you sound like you expect to be given stuff and it annoyed me

Jowo_2

jonuk7 wrote: »

.. 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.

Some social housing landlords will not factor in a child when calculating houshold size eligibility if their primary address is elsewhere. They won't, when a relationship breakdown takes place, award two 2 bedroom properties to the separated parents so they can 'share' the child's visits between them, for example. They may only award a bedroom to the primary carer unless there is a medical reason why the child needs a separate room.

Are you classed as a resident or non-resident parent? For example, who is the main carer, who receives the child benefit, which address is used as their school address? Does your local council operate this policy of only awarding a room for the child for parent with whom they mainly reside.

PasturesNew

puddy wrote: »

to be honest, i responded based on the posts of yours where you sound like you expect to be given stuff and it annoyed me

*sniggers*
It did read like that, to be honest. An expectancy that larger housing would automatically exist and be provided in a timely manner, as the OP made lifestyle choices.

N79

PasturesNew wrote: »

*sniggers*
It did read like that, to be honest. An expectancy that larger housing would automatically exist and be provided in a timely manner, as the OP made lifestyle choices.

Which, in all sympathy to the OP, is (more or less) what would have happened while they were in forces accommodation. The real world, where people have to take responsibility for their housing needs, can be a shock after years of forces life if people are not told what to expect.

jonuk7

To be honest alot of wrong posts there, should i still be in the MOD i would be moved 6 weeks before birth of child into a 3 bedroom, As far as the arrears go, if it is suddenly a problem NOW why was it not a problem in the first place when they said here have this swish 2 bedroom placed, when as i say the arrears would of been MORE since i move in here to now there actually smaller due to me paying it off every month so my main issue is how can the arrears be fine one minute but now suddenly because they dont want to move me there an issue? despite having repayment plans in order

PasturesNew

Maybe they have some secret little 'obligation' to find you a place, coming from MoD premises, whereby things aren't looked into too deeply. As a single bloke, in the real world, you're lucky to get a place at all - and it's a miracle you got a 2-bed place and it's decent.

Now you're in there, maybe you now come under their normal rules and they no longer have some secret little 'obligation' as you're not moving from MoD but are wanting a transfer, so they are now applying the transfer rules.

BitterAndTwisted

Forgive me if I've misunderstood but from your first post it sounds like the LA are still processing your request so they haven't actually refused or declined to move you yet.

If, once you receive the correspondence you are waiting for, and they do refuse you, you still might be able to challenge their decision and offer your evidence that the MOD arrears patently weren't an obstacle to your being eligible in the first place. All might be dependent on the impending birth to qualify, so you may be able to acquire the extra points you need once the baby is born.