House exchange refused but why?!

Hump

So you got the accessible ground floor flat how exactly? Bet the Housing Officer is assuming you're disabled - has he/ she ever met you? Might want to point out the obvious.

Or there's a chance they don't recognise the other lady as disabled. This is going to sound daft, but what is 'disabled' to you or me isn't necessarily 'disabled' to the Housing Dept, for example it's possible to get DLA and not require a walk in shower.

All that aside you must establish which ground they have refused you on (as artful has said). Remember they can only refuse you citing one ground. If they've tried on ground 3 then you'll win. The key is 'more extensive' which means in your situation something like a 3 or 4 bed house. What almost all Councils do is apply their 'housing allocations' property size restrictions. So you're refused because you're only eligible for a 1 bed property on their choice based lettings scheme/ waiting list. This is completely WRONG - for them to say 'no' under ground 3 the new property must be 'more extensive' - 1 extra bedroom is never 'more extensive' - it has NOTHING to do with their 'allocations policy'!

1. complain, a manager might get the difference in the wording 2. contact the Local Government Ombudsman, you'll probably get a maladministration leading to injustice, the Council will get told to allow the exchange and you'll probably get £200 to cover the costs of making the complaint 3. mention to the manager that you'll be thinking about 2. (that'll probably work in most cases)

missharibo

Hump wrote: »

So you got the accessible ground floor flat how exactly? Bet the Housing Officer is assuming you're disabled - has he/ she ever met you? Might want to point out the obvious.

Or there's a chance they don't recognise the other lady as disabled. This is going to sound daft, but what is 'disabled' to you or me isn't necessarily 'disabled' to the Housing Dept, for example it's possible to get DLA and not require a walk in shower.

All that aside you must establish which ground they have refused you on (as artful has said). Remember they can only refuse you citing one ground. If they've tried on ground 3 then you'll win. The key is 'more extensive' which means in your situation something like a 3 or 4 bed house. What almost all Councils do is apply their 'housing allocations' property size restrictions. So you're refused because you're only eligible for a 1 bed property on their choice based lettings scheme/ waiting list. This is completely WRONG - for them to say 'no' under ground 3 the new property must be 'more extensive' - 1 extra bedroom is never 'more extensive' - it has NOTHING to do with their 'allocations policy'!

1. complain, a manager might get the difference in the wording 2. contact the Local Government Ombudsman, you'll probably get a maladministration leading to injustice, the Council will get told to allow the exchange and you'll probably get £200 to cover the costs of making the complaint 3. mention to the manager that you'll be thinking about 2. (that'll probably work in most cases)

I got offered the flat and they said if I didn't accept it I would go on the bottom of the housing list and wouldn't get another offer for at least 2 years! the council didn't tell me it was a disabled flat I only found this out the day I moved in, I was quite annoyed with the council as I was expecting a bathroom with a bath not a wet room designed for a person in a wheelchair :mad: I complained but they wouldn't do anything and have been living in my flat for 5 years now.

The lady wanting the exchange is wheelchair bound and my flat would be perfect for her so I've noted down all your advice and hopefully will get the exchange approved.

Thank you so much to everyone who has taken there time to post information to help me, ur all stars!

Happy New Year!

paddedjohn

I hope common sense prevails and you get your exchange but dont go trying to get £200 out of the council as MUMP suggests, the councils up and down the country are strapped for cash as it is

dizziblonde

Appeal and possibly go to the local paper who'd run the usual "bonkers local govt policy" line with mandatory miserable folks with arms crossed looking grumpy photo - which I'm sure they teach them at college but my journo family adamantly deny (but I'd go on the grounds of the disabled lady being denied her ideal place rather than the "going to have kid need more stuff" angle really because that's likely to generate more sympathy - brutal but true... if you push that angle you're likely to get much more joy and support).

boo1

I work for an HA (was previously a council) and we allow tenants to exchange to one bedroom greater than their needs. Seems a bit daft them refusing you because you will need a second bedroom sooner rather than later. Kick up a polite stink and maybe get your local councillor involved (it's amazing how much clout they do have), it usually works!! Good luck

tbs624

missharibo wrote: »

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.

My bolding. If this is the phrase used in their letter then it's likely to be a Ground 4, rather than a Ground 3 under Schedule 3.

The extent of the accommodation afforded by the dwelling-house is not reasonably suitable to the needs of the proposed assignee and his family.

You should ask them to clarify *why* it's not "reasonably suitable" so that you know how to best prepare for that appeal.