Council housing application

benson84

Hi,

I am new to thissiteand really just wondering if anyone could offer any advice.

I live in Essex in privately rented accomodation, and have done for the last 20 months.... my landlord telephoned me tonight to let me know that he is going to be sending me a notice to quit, he was very regrettable as the only reason heneeds the property backis because he can no longer afford the mortgage on this property and the one he has himself, so therefore is moving back in to this one while renting his out to family members of his. Admittedly he was quite upset, but that is irelevant!

He will be sending me the notice tomorrow and giving us the two months required by law.

I am disabled and on benefits, so finding a private rent is not an option, money is tight as it is.

My main question is, after looking on the internet for council help, I believe that we would be classed as unintentionally homeless and will hopefully receive help from them.... the bit I am struggling with is that it says you need a connection to the local authourity, I have no connection in Essex, my children live in the South, and I am registered on the Sussex council housing list which I did last year, so, which council do I need to make the application to, the one in Essex (where I have no work/family, other than those who will be moving with me from here) or Sussex, where my children live?

This is all very frustrating and nothing that I have had to deal with before, so I am struggling to understand it all.

Anyone have any better knowledge on the law of this than me?

I would really appreciate it

Many Thanks, Bee

BigAunty

Look at both the council websites to determine what they class as a local connection.

I *think* (but do check) that councils have some discretion in how they define this, I'm not sure there is a national standard but do verify this as it's just opinion. For example, living there currently or the recent past for a certain period of time might be one criteria, etc.

You will find the Shelter website helpful to understand the homelessness and social housing process.

Here is a link from their site that will answer some of your queries

http://england.shelter.org.uk/get_advice/homelessness/help_from_the_council/what_the_council_will_check/local_connection

BigAunty

benson84 wrote: »

...

I am disabled and on benefits, so finding a private rent is not an option, money is tight as it is.

...

Many councils operate rent deposit guarantee schemes where it is paid to the landlord, others have schemes that help tenants into private accommodation.

If you have a non-residential carer that provides care over night, you'd be entitled to an LHA rate for an extra bedroom.

Have you checked all your benefit entitlements recently? If not, put your details into the Turn2us online benefit calculator.

Councils cannot offer social housing to every tenant who is served notice from their landlord. A disability may put you into the priority need category in a homelessness application but only if it's seen as something that makes you vulnerable.

http://england.shelter.org.uk/get_advice/homelessness/help_from_the_council/what_the_council_will_check/priority_need#5

benson84

Hi BigAunty, thank you so much for your info, I have looked at the Shelter website and it does seem that if you have lived in the area for over 12 months, I may need to contact my local council here in Essex, I will do all that tomorrow, as this was only sprung on me out of office hours this evening!

I am entitled to four bedroom by the LHA calculater, I do have a live in career, a family friend who does everything for me that I cant, and she is in receipt of Careers allowance for that... it just a really frustrating situation! But I really, really appreciate your help, going out of your way to help a stranger is almost unheard of these days!

Werdnal

Whilst your disability situation may help speed the council's actions to house you, you must be aware that due to the current shortage of council housing stock, in order to force them to find you a property, you may have to wait until the LL goes to court to evict you.

The notice LL will send you does not end the tenancy and he cannot make you leave. The notice will be notice that he is seeking possession and will give you 2 months before he can approach the court for a formal eviction notice (possession order). Sadly, as councils do not have enough housing to go round, they often state you need to wait for the eviction to take place before they will actually accept your "unintentionally homeless" status.

BigAunty

benson84 wrote: »

... I have looked at the Shelter website and it does seem that if you have lived in the area for over 12 months, I may need to contact my local council here in Essex..

But it's still worth checking with the other council on their criteria because Shelter has a section for those who consider they have a local connection to more than one area and perhaps your family connection in Sussex could also count
:-
What if I have a connection with more than one area?

If you have a local connection with more than one area the council should ask you where you'd prefer to go and take your preferences into account when deciding which area to refer you to.

I have family in the area

Councils will usually consider you to have a local connection with an area if you have close family who have lived in the area for at least five years. Close family includes parents, children, brothers or sisters. It may also include other family members if you have a very close relationship (for example, if you were brought up by an aunt, uncle or grandparent).

benson84

Hello there,

Thank you for your relpy too!

I do understand the shortage of council housing, and I have always been happy privately renting, but this time I am not in a position to afford the rent in advance, deposit or any other costs assosciated with it. This property was furnished with all applicances as it is, so therefore it will be a struggle to purchase those, let alone have the funds to move in to a new house, so I really have no otehr choice.

I worked for years, bought up my children and still worled full time, but my health these days means I can no longer do that, as much as I wish I could.

I really hope that it doesn't come to that, it does seema bit stressfull for all parties and the thought of going to caught to be evicted is quite daunting! The landlor is a lovely guy, I guess he is just in a bad situation himself.

I suppose I will find out more information tomorrow from the Council, but I appreciate the time you took to advise me

benson84

BigAunty,

I will also check the West Sussex council too tomorrow. If I had the choice, personally I would move back down South to be near my children agian, but in all honesty, my first priority is to find housing that is secure again, wherever that may be!

Your post was very insightful, I knew this would be a complicated process, but you have made it easier to digest!

BigAunty

benson84 wrote: »

...this time I am not in a position to afford the rent in advance, deposit or any other costs assosciated with it. This property was furnished with all applicances as it is, so therefore it will be a struggle to purchase those, let alone have the funds to move in to a new house, so I really have no otehr choice.

As per before, councils often have deposit guarantee schemes or similar to help private tenants into new accommodation.

There are various grants and loans for people on low income that can cover the costs you mention, though I am not familiar with what they are called, other members can help you to identify your options.

With or without going into social housing, there are now incredible resources available to those on low incomes and on housing need outside of state support. Look into things like Gumtree Freebies, Freecycle and Freeshare for free goodies that the public donates - this includes appliances. Last week, I gave away a PC monitor, bike and DVD player on these sites.

Also, many areas have local charities that provide start up help to those moving to unfurnished properties. Many charities also provide low cost furniture and appliances to the public - such as the Salvation Army, British Heart Foundation and Emmaus. Your local Citizens Advice can help suggest some organisations.

Finally, rely on the advice from Shelter and do contact them if the council give you the runaround - councils are notorious for not fulfilling their statutory obligations and Shelter can help you be treated in the way that you should.

What Werdnal says is correct. They may tell you to ignore the notice from the landlord and force him to take you to court to secure legal possession of the property. If you leave before the court order is in force, they will say you've made yourself intentionally homeless.

Shelter says they should not do so but are aware that it's a common stalling tactic. I believe that local councils are told not to do this by their own ombudsman when there is a realistic chance that the landlord will regain possession in the courts, to act earlier, but councils are notorious for their gatekeeping tactics to cut down on demand for social housing.

Hump

The local connection issue works a bit like this;

There are usually locally imposed 'local connection' rules relating to the council's waiting list - more likely called a 'choice based lettings' scheme. These rules are as wild and wacky as you can imagine and are set to get worse. Essentially they are in place to ensure local homes go to local people.

Then there's a set of rules which apply specifically to people who are homeless - these apply across the whole of england, in summary they are 1. 6 out of last 12 months residence 2. 3 out of last 5 years residence 3. Employment in the area 4. Close family living in an area for the past 5 years (specifically mum, dad, brother, sister, son or daughter) 5. some other categories including 'other special reasons'.

Usually - being accepted as 'homeless' overrides the wild and wacky local rules, if not completely, then mostly.

The question you have is quite important and needs answering BEFORE you meet the nice people at the council. That question is (assuming you have a 'homeless' local connection in the areas you mention):

Where do you really want to live? Your current local authority area or the place further south?

Once you have decided you need to vigorously apply to that local council as someone initially facing homelessness and later as a homeless person/ household. The issue is that once you start the process with one council it becomes increasingly difficult to swap to the other council later down the road. Some councils say, deal with your local council i.e. the area where you are facing homelessness and then that council can refer you to them later - whilst technically correct, practically it happens only rarely because the 'referral process' (s213 Housing Act 1996) is wholly discretionary (whereas the mandatory referral mechanism - s198 can't apply if you have a connection with the local authority to which you applied - which you will have due to the 6 out of 12 months rule).

As others have said - some councils will start helping you now - called 'homelessness prevention' and later under 'homelessness' itself. Other councils will tell you to go away and wait for the landlord to get a court order. Each council has a different approach and few, if any, make the process enjoyable.

Soapn

not many 4 bed council houses knocking around though I would think. Is it just you and the person who cares for you who needs rehoused?