Poss catergory 1 rented property.

watsinaname

teeni wrote: »

no it doesnt a property that is considered a category one hazzard is unfit to live in and therefore you can not be intentionaly homeless.

Please note that if you complain to the Council and/or your landlord and only have an Assured Shorthold Tenancy you may risk being evicted by your landlord. Retaliatory evictions are a growing problem that is not recognised by English Law.

Pasted from my local council website.

watsinaname

teeni wrote: »

very likely landlord would evict for exerecising your rights , but that should not stop you taking it further unless you are happy with things the way they are of course.

no tenni i'm not happy with the way things are ......whole point in the thread.

Wee_Willy_Harris

watsinaname wrote: »

Please note that if you complain to the Council and/or your landlord and only have an Assured Shorthold Tenancy you may risk being evicted by your landlord. Retaliatory evictions are a growing problem that is not recognised by English Law.

Pasted from my local council website.

No-one is saying you won't be evicted. It's just being pointed out that such an eviction as you describe wouldn't make you intentionally homeless.

watsinaname

Being evicted is a possible outcome according to EH and local housing dept. Local housing dept have confirmed it and that i would be regarded as intentionally homeless. It does seem stupid to me that this should be so but that is the information i have been given. I have also been on the Shelter website.
The landlord is aware of the condition of the property, the LE is also aware as they make regular inspections. Any repairs that have needed attending to is done by the landlord himself ....jack of all trades master of none.

The problems with the property are serious eg. fire hazzard, damp issues, electrical, fumes and infestation.

Wee_Willy_Harris

watsinaname wrote: »

Being evicted is a possible outcome according to EH and local housing dept. Local housing dept have confirmed it and that i would be regarded as intentionally homeless. It does seem stupid to me that this should be so but that is the information i have been given. I have also been on the Shelter website.
The landlord is aware of the condition of the property, the LE is also aware as they make regular inspections. Any repairs that have needed attending to is done by the landlord himself ....jack of all trades master of none.

The problems with the property are serious eg. fire hazzard, damp issues, electrical, fumes and infestation.

IF you are in a Cat 1 property, you are ALREADY homeless as it is not inhabitable. How could you make yourself intentionalyl homeless from a property it would be unreasonable for you to continue to occupy? (Hint: You can't)

watsinaname

Yes Wee Willy Harris that how i see it but it's not how things have been explained to me. Thats why im confused. I can understand that the LL might take the hump and start eviction but for the local council to penalise me for reporting the LL is unfair.

So i suppose the next question would be ....what happens if EH declair it unfit to live in...what will that mean to me besides having to leave. What is the timescale, where do i go, how much will it cost me above my housing benefit, will i still get housing benefit?......absolute mind field.

Wee_Willy_Harris

watsinaname wrote: »

Yes Wee Willy Harris that how i see it but it's not how things have been explained to me. Thats why im confused. I can understand that the LL might take the hump and start eviction but for the local council to penalise me for reporting the LL is unfair.

So i suppose the next question would be ....what happens if EH declair it unfit to live in...what will that mean to me besides having to leave. What is the timescale, where do i go, how much will it cost me above my housing benefit, will i still get housing benefit?......absolute mind field.

Are you a tenant or a licensee?

watsinaname

I am a tenant ...a rolling contract ,will only have 2mths notice. I have been looking for nearly 9 mths for somewhere else but found nothing so 2 mths isn't long in the scheme of things. the council thought 2mths long enough but in real life its no time at all.

Wee_Willy_Harris

Then, if your curent accommodation IS deemed uninhabitable, your landlord can either make it habitable or provide suitable alternative accommodation. Either way, your rent liability remains unchanged. Of course, without calling on the services of EH, it will not be deemed cat 1.

watsinaname

UPDATE.

It would appear that i have to stay and put up with my living conditions. I have applied for social housing but it appears that i would not be classed as a priority so i have to put up and shut up and wait my turn on the list ...which could be years.

I could yes go down the road of reporting the LL to EH but that would inturn leave me open to eviction and nowhere to live. Although i would be homeless because i am not a priority, i am not in a vunerable catergory so would not be entitiled to be rehouse immediately.

Thanks Wee willy Harris for taking the time to reply to my post.