anyone with housing knowledge

smythsan

hi really need some advice and sorry its such a long story xx
we are being evicted on the 19th of march due to landlord selling the house.he has served notice correctly and he is a nice guy.
the council have now accepted us as homeless and want to put us into private rented property with them
this is where the problem starts.first of all the rent is £695 a month,we dont get housing benefit and we dont get working tax.we are a married couple with 4 children.one with suspected aspergers syndrone.
we have explained to council we cannot afford it and they want us to claim DLA for our child so that way we can afford the rent
my questions is can they force us to do this and can they force us to take the accommodation offered
we went bankrupt last year due to high private rental sector.
they have asked if my husband can reduce his hours at work(43)so we can get working tax.do we know any one with a caravan!! we have spoke to shelter but they cant tell me if the council are allowed to force someone to claim benefits they feel they are not entitled to just to pay the rent.really really sorry its so long.anyone with housing knowledge would be great
thanks sandra xx

silvercar

No housing knowledge, but common sense would say they can't force you to claim a benefit you don't feel entitled to claim.

From the council's point of view, if they feel you are not claiming things you should be entitled to, they can probably say you have now deliberately put yourself in a situation where you can't afford the rent.

TBH why not claim the benefit? It is not a reflection on your child if you claim a benefit that clearly you need in order to get decent housing. To refuse to claim does look deliberately obstructive. If your claim is not accepted at least you can tell the council that you are not entitled to the money.

To the council it may look like you don't want to claim because that will increase your chance of getting a council house.

If you do nothing, and the council have accepted you need housing, chances are you could initially be placed in B&B or a hostel. I know someone who had to live in a hostel for 3 months with 4 children before gaining a council house.

november

No no-one can force you to claim any benefit.

However if you turn down a reasonable offer of temporary accommodation (if that is what the private offer is) then you could be found 'intentionally homeless' which means the council could discharge their duty to accommodate you.

You say you don't get housing benefit. Does that mean the rent where you are is cheaper? Have you checked if you may be eligible for housing benefit on the new property?

Its difficult as the rent you quote doesn't seem abnormally high to me for your size family. The Council should have made you a 'reasonable' offer so the rent should be reasonable for your area. If it isn't then that is something you could raise with them. As the OP says the Council can use B&B or another alternative for emergency accommodation but this should only be for a period of up to 6 weeks for families with children.

smythsan

i know what you are saying about claiming but i really feel we shouldnt be claiming DLA for a child who might have aspergers.i am not doing any personal care or mobility for my child so how i would fill in the forms would be a joke!! it would take us 3 months to do the claim and i dont know how we would pay the rent while we were waiting regardless of the outcome of the claim.its just the easy way out for the council
housing lady even said we were her worst nightmare as we work,are together,and dont receive extra benefits
caravan here we come lol

november

I agree with you if you are not eligible for DLA there may be very little point in claiming it.

However have you checked that you would not be eligible for housing benefit on the new property?