Council House Exchange

JESSICA_CLAIRE

Hiya
Thanks, yes I have read the rules and rang the council too see if it will go through but all they have said is each case is individual and can't give me an answer until the paperwork ahs been handed in (which I can't do until rent account is clear end of Jan)
Just really frustrating as I have a long wait ahead and could be refused, as far as the rules are concerned it looks like they will refuse as I have has the Notice Of Seeking Possession served last Jan however that is due to be struck out in March and it never went any further, sorry if I am not making much sense.
Many Thanks

squinty

Jessica

The Council cannot refuse an exchange if you have a NoSP. They can refuse is there is a court order.

This is not discretionary, and is laid out in Schedule 3 on the 1985 Housing Act. See

http://www.legislation.gov.uk/ukpga/1985/68/schedule/3
(this includes all the reasons for refusal)

However, what they council can do is agree to an exchange, but make this permission conditional on the rent account being clear. i.e agree to the exchange once the rent arrears are paid. There is nothing to stop you handing the paperwork in now - the council need to make a decision within 42 days.

JESSICA_CLAIRE

Hiya
Thanks for replying, this is where I get so confused as I recieved the letter with the NOSP, rang the housing immediately and paid most of it and came up with a payment plan for the rest so my housing officer said he would adjourn the court hearing but if I fell behind again he would take it back to court as he said the NOSP stays on my account for a year, so does that mean even though I have a payment plan I am not under a court order? (I never had to go to court)
I have asked to do forms but they said I can't until my rent account is clear which will be end of jan, sucks as I am having sleepless night worrying over this, you see I really need the exchange as its a lot cheaper than mine and I am really struggling with mine as I am still on mat leave. The reason I am worried it will refuse as when I google search it everyone says if you have been served with a NOSP the exchange may be refused
Thank you so much for all of your help I really appreciate it and its making my wait a little bit easier knowing there may be hope!
Thanks again
Jess

Madjock

Your rent account will need to be clear before you can complete the exchange. Our policy is that we will start doing the paperwork, depending how much arrears you have and whether you can realistically clear the account in the 42 days. References have to be exchanged and you property has to be checked, which all means time and money, so maybe your particular association has a policy of not starting the process till your account is clear.

Its not so much that your HA would prevent you ecxchanging, as the other HA/LA not allowing you to exchange with an NSP for rent arrears on your tenancy. If you have paid off a chunk when the notification came about the NSP and if you have set up and stuck to a payment arrangement for the rest, I don't see that you should have any problems. My HA would not have a problem, unless you'd had arrears of £000's that you hadn't being paying.

JESSICA_CLAIRE

Hi Thanks for replying, I have been in arrears for over a year, the highest has prob been around 1500 but I have stuck to the payment plan, I owe 1000 in arrears now which I am paying the end of Jan, only reason I am trying to exchange is my rent here is 117p/w and the house I want to exchange to is 78p/w so realistically its much more affordable for me, I don't know what I am going to do if it is refused as I am a single parent and the costs of this house are far too much esp as I am still on mat leave until August.
I just fear the NOSP will prevent me from exchaging does it mean that I have a court order against me if it was an adjourned court order I had when the NOSP was served?? I never went to court I just dont understand the terms and someone above said they won't stop the exchange if I didn't have a court order but I don't understand if I did or not? all I know is I had a letter served which was a NOSP and it had a court date but as I phoned and arranged payment it was held off and its due to be struck out in March my housing officer said.
Many thanks for your help...
Jessica

BitterAndTwisted

If you're on Mat Leave does that mean you could be entitled to a greater amount of LHA now? Obviously not if you're enjoying the luxury of full pay and no travel expenses......

JESSICA_CLAIRE

Hiya, sorry don't really understand what you mean?
I recieved full mat pay for the first 6 weeks, then it reduced now I am on basic mat pay which is 400 odd a month as opposed to the 1100 I usually get so quite a considerable drop hence why I am struggling...and travel expenses are exactly the same as my work place is 2 mins away from my daughters school.....

BitterAndTwisted

If your only income is mat pay of £400 a month you should be entitled to claim Housing Benefit if you're an LA tenant perhaps even Income Support or some other State benefit I don't know about. Have you not claimed anything? Sorry if I mentioned LHA (Local Housing Allowance) as that's only paid to tenants in privately-rented properties.

Have you looked on the turn2us website for guidance?

JESSICA_CLAIRE

Hiya
Many thanks for your reply, I do get tax credits but have had problems with that which are finally sorted now, I just hope & prey the exchange is not refused then I can really sort all my finances out as the house wil be much more managable for me to afford, I was sooo silly to get that NOSP for rent arrears, it wasn't even for much around 600 I think and I stuck to the payment plan, just hope the council don't see me as a risk, such a worrying time, I know I should be positive as I have my familys health which is the main thing but I just can't help it, roll on the end of Jan can get my forms in then and then wait the 6 weeks to c if they allow it
Many thanks for all your advice, really appreciated

k66yla

Normally your rent has to be clear of arrears for 6 months before the council will be letting you exchange homes. I am registered on kenthomechoice.org.uk which now covers other areas in the UK.