Council House Swap Refused

Lady27

Hi Everyone,

I'm new here and looking for some advice on my current situation. I live in a 2 bedroom 1st floor council flat with my 12 year old son. We moved in 3 years ago after we were made homeless due to domestic violence. I was offered the flat (only because I had already been on the waiting list 4 1/2 years) and with nowhere else to go I took it.

For the last 2 years I have been looking for a home swap to a 2 bed house for myself and my son. I recently found someone to swap with in the shape of an 86 year old lady and her 28 year old grandson. They want to downsize as the lady is starting to find a house and garden too much but do not want to go to a bungalow as the grandson will have no succession rights.

During the housing officer visit to the other tennant there was some mis-communication and the housing officer left with the impression that the other tennant did not want to move until after christmas. So I was informed we would have to reapply after christmas.

After speaking with the other tennant they said that wasn't the case at all and they were happy to swap sooner rather than later. I have been trying to contact my housing officer to explain this and in the mean time I was informed today (by someone else completely) that the other tennants saw their HO yesterday (not sure why?) and told her that they did not want to exchange at all....

I spoke to the other tennant and asked was this true. They told me no, they did not say that, they do want to move ~ BUT ~ their HO told them they would refuse the exchange as MY home wasn't suitable for the lady UNLESS they could give sufficient reason as to why they wanted to move to my flat... They said that my block of flats has Anti-Social behaviour and they did... 2 years ago. But those tennants were evicted and now a family live there. There have been no problems since. They also said a Bungalow would better suit the ladies needs rather than a flat.

After all that my question is this. Can they refuse a mutual exchange on the grounds that the block of flats is too 'anti-social' or that due to her age she is better suited to a bungalow. I believe there is a law that stops discrimination against age? Is this not what they are doing?

If anyone can shed any light on this I would be very greatful. It isn't very often you find someone with a house wanting to exchange to a flat, let alone be the 1 out of 300 other flat tennants to be chosen to swap with.

Many Thanks in advance

martinsurrey

it’s not age, they are not saying because she's old, they are saying because she is losing mobility, which your point about her not managing the garden any more would seem to agree with.

The council doesn’t want to move her to a 1st floor flat (stairs) for her to lose the ability to get up/down them, and then have to re-home her again.

I'm sorry, but I agree with the council.

Them wanting a flat over a bungalow for succession rights is whats wrong with this picture, a bungalow / ground floor flat would clearly be the right option.

thegirlintheattic

I agree with martinsurrey, the council are looking at the big picture - they let the swap go through, within a few years they end up needing to rehome them again due to mobility, probably after spending a lot of money on adjustments to the flat.

poppy10_2

Can't see how it would be in the best interests of the 86 year old lady to move to from her house to a grotty 1st floor council flat that has problems with antisocial behaviour. Sounds like the only people who will benefit are you (as you will get the house) and the grandson (who will get succession rights in the flat). Thankfully the council are looking out for the 86 year old, sounds like you are all taking advantage of her for your own purposes.

Hump

See http://www.legislation.gov.uk/ukpga/1985/68/schedule/3 they can only refuse your request under one of the grounds in schedule 3 of the Housing Act 1985 (see s92). Perhaps ask them which ground they are relying on to refuse your request!

Bogof_Babe

Is there a lift in the flats?

Why would the grandson be able to inherit the tenancy of a flat but not a bungalow?

lighting_up_the_chalice

Bogof_Babe wrote: »

Is there a lift in the flats?

Why would the grandson be able to inherit the tenancy of a flat but not a bungalow?

He could do either/or. But the house is too much for his grandmother. Begs the question why he isn't helping her to manage?

One possibility, pure speculation, could be that he doesn't really live there, apart from on paper and for reason of succession. But that is, as I say, pure speculation.

Maybe the housing provider speculates too?

Lady27

Firstly and I want to make this absolutely clear. No-one is taking advantage of ANYONE.

Poppy - you should re-read what I said. There was an 'anti-social' family TWO YEARS AGO. Not now. I have never had any problems with my neighbours. Also, not all council flats are 'grotty'. Perhaps they are where you are, but not here. Half of the flats here are privately owned and the owners live in them.

This lady has chosen on her own grounds (hence the match in home swap) that she wanted to move. I did not go round knocking on doors!

I myself asked the question - perhaps a ground floor flat would be better? She told me she would not feel safe on the ground floor. She doesn't want an older peoples bungalow cos she doesn't want to be left with all the other old people dying around her. Also, and the council have told her this. In an older peoples bungalow her grandson wouldn't be able to go with her. He currently does a lot for her.

She chose me for a swap because of how close I am to the local shops. Currently where she is they are too far for her to walk to and the last time she went she was knocked over by a kid on a scooter. She has to rely on her grandson to do everything for her outside of the home, collect pension, shopping, pay bills etc and she hates it. She wants to do it herself and is able to do it for herself but not where she currently lives. Also where I live the bus stop is right outside meaning she could start going back into town.

As far as mobility goes. She lives in a 2 up, 2 down. She climbs her stairs countless times every day for the toilet, bedroom etc. I fail to see how a flat is more work if everything is on one level apart from when she wants to go out. No adaptations are required. She has none in her house and if anything, going on the assumption that her mobilty fails she wouldnt be able to live in her house anyway or pay the thousands of pounds for a stair lift. They would prefer to re-house her rather than pay that money for a stair lift if they can get away with it.

Anyway, thanks to those of you with your helpful comments.