House exchange refused but why?!

missharibo

Myself and my partner currently live in a one bedroomed disabled ground floor flat and are expecting a baby in March so we need to move to a two bedroomed property, the housing list has a two year waiting list so we were advised to look for a exchange.

We found a disabled lady who is shruggling to live in her 2 bedroomed house and has been looking for a one bedroomed disabled flat such as my own for the last 2 years without luck.

We both viewed each others properties and filled in the exchange forms but I got a letter through the post today stating the exchange has been denied under Schedule 3 of the Housing Act 1985 on the grounds that the accommodation is not suitable to our needs.

I just looked at this act and there is nothing in it why the exchange should have been denied yet I have to wait a length of time for a appeal is this fair?

I was just wondering if anyone else has appealed a refused exchange and if so how long did it take and what was the outcome?

moromir

I suspect its because under a lot of councils, its reasonably expected that you will share your bedroom with the baby while its in a cot, the extreme shortage of houses means that they usually see that as more suitable accomodation for a couple or single parent with older children who are recommended to have their own room under the council guidelines.

missharibo

moromir wrote: »

I suspect its because under a lot of councils, its reasonably expected that you will share your bedroom with the baby while its in a cot, the extreme shortage of houses means that they usually see that as more suitable accomodation for a couple or single parent with older children who are recommended to have their own room under the council guidelines.

Thanks for letting me know this, I just feel bad for the disabled lady she had her heart set on my flat as she can't even live in her home at the moment as it has no disabled access and the council aren't helping to rehome her, it's sad esp when this exchange would have been perfect for us both.

I have sent a letter of appeal so fingers crossed but I don't have much hope.

tomitma

missharibo wrote: »

Thanks for letting me know this, I just feel bad for the disabled lady she had her heart set on my flat as she can't even live in her home at the moment as it has no disabled access and the council aren't helping to rehome her, it's sad esp when this exchange would have been perfect for us both.

I have sent a letter of appeal so fingers crossed but I don't have much hope.

It may well be that she is not registered as disabled, they only give accomodation to registered disabled people. I would check if I was you.

theartfullodger

See..
http://england.shelter.org.uk/get_advice/finding_a_place_to_live/transfers_and_exchanges/exchanges

Suggest you contact Shelter for advice - 0808 800 4444 but expect a wait, they are an overloaded charity with not enough resource...

I think you may have grounds to challenge the decision

Schedule 3 of the Housing Act 1985 is here...
http://www.legislation.gov.uk/ukpga/1985/68/schedule/3

Did they quote which ground ("Ground") they were refusing on?? If not ask (and get answer in writing).

Cheers!

Artful

System

Sounds like it was refused under ground 3. They are not (yet) entitled to a 2 bedroom property.

missharibo

tomitma wrote: »

It may well be that she is not registered as disabled, they only give accomodation to registered disabled people. I would check if I was you.

Yes she is registered as Disabled and is currently on high rate care and mobility yet I'm in disabled flat and not disabled, I don't even understand why I ended up with the disabled flat in the first place as I'm sure there are many people who need it more than me as it has a shower/wet room designed for a person in a wheelchair.

missharibo

theartfullodger wrote: »

See..
http://england.shelter.org.uk/get_advice/finding_a_place_to_live/transfers_and_exchanges/exchanges

Suggest you contact Shelter for advice - 0808 800 4444 but expect a wait, they are an overloaded charity with not enough resource...

I think you may have grounds to challenge the decision

Schedule 3 of the Housing Act 1985 is here...
http://www.legislation.gov.uk/ukpga/1985/68/schedule/3

Did they quote which ground ("Ground") they were refusing on?? If not ask (and get answer in writing).

Cheers!

Artful

Thanks so much for details of this charity I have just wrote them a letter and hopefully they will help, I have also wrote another letter to the council asking the ground they were refusing on as they didn't tell me.

Thanks for your help Artful ur a star!

Shelldean

Missharibo

perhaps you could wait until the babe is born then re apply to exchange?? by then you'll be entitled to a two bedroom???

Morglin

Speak to Shelter, but then I'd wait until after the baby is born, then put in for the exchange again.

If they continue to turn it down, then contact your MP.

This sort of thing is a bit daft - the '2 bed lady' needs accommodation that is disability friendly, and if they don't allow an exchange easily, the council (via taxpayers!) will probably end up having to spend large amounts of money on her house, so that her disability needs are met (as they are obliged to do).

You, once the baby is born, will need larger accommodation, but you don't need a 'disabled friendly' property.

You wouldn't think this would have been a problem, where an exchange is concerned, but, at times, councils seem unable to apply simple common sense to a situation. :wall:

Lin

theartfullodger

missharibo wrote: »

Thanks so much for details of this charity

'phone them (yes, 'Phone them!! if you need a prompt answer) dunno if they respond to letters...

Also see their web site for shed-loads of info...