Succession Problems

Xign

Hi guys, this is my second post on this forum in as many days, but I need some advice.

As mentioned in my post yesterday, my Mum passed away three weeks ago, we shared a two bedroom flat from a Housing Association. Today the housing office visited to discuss succession. She said I may have problems, and I only have a 70% chance of completing succession.

As the flat is two bedroom, from April I would have to pay bedroom tax, and maybe a penalty on my council tax benefit. I already knew this, and have already planned how this would be paid.

At the moment my income is £59 from my part time job (Permitted Work) £71 from ESA (going up once the assessment phase is over). and higher mobility DLA.

She said this issue would be can I afford the 14% bedroom tax (roughly £13 a week) and potentially 10% council tax penalty (£1.61 a week). Obviously I can pay this with no issue at all, but she said "the housing management team may deny you succession as you could move into a 1 bedroom flat".

This I agree with, but due to my disability, the fact my mother has only just died, and my grandmother is dying; I am in no position to move. It would have to be later down the line.

She mentioned I could be potentially evicted. Obviously I'm very worried by this; as I can afford the bedroom tax, and have already been told I will get full (bar bedroom tax) Housing Benefit, and already receive Council Tax benefit.

I lived with Mum for 14 years in this property prior to her passing.

I'm really worried at the moment.

cockaleekee

The lady was correct - they may deny succession if the property is under occupied. They would provide you with alternative accommodation.

In what period do you feel you will be ready to move? Eviction can be a lengthy process - perhaps you could talk with them about when may be a mutually convenient time for you to move?

KxMx

Did the housing officer give any indication of a grace period?

I've discussed fully what would happen in the event of my own mum dying with the housing officer. I would get succession for the tenancy not the property (which is 100% fine with me). They would set me up with bidding so I could get a one bed flat. They may even pay full rent with discretionary housing payments until I would get a new property. She said if I can demonstrate I am doing everything I can to get out of current property they may pay full rent for me.

I would also register with the housing team my health problems so that they are aware of my needs- all I would ask for is more leeway with the number of property refusals so I can be 100% certain I can manage in a new place, but from what I was told they list everything and anything on the property pages so this may not be an issue. I have adaptions in current property but I would be happy to move somewhere without and muddle along until they could be put in new place.

I was told the housing team would look at doing everything they could to avoid eviction, if that meant keeping me in this current property while trying to get somewhere else they would do it.

All that considered I would have 3 months basically to vacate the current property- i'd want to be out in a matter of weeks so that's fine with me!


If you need more advice I would suggest contacting Shelter or Citizens Advice. Get all the balls rolling you need to asap- I know it is a hard time for you but keeping a roof over your head must come first.

It sounds like your position hasn't been clarified very well at all.

Xign

cockaleekee wrote: »

The lady was correct - they may deny succession if the property is under occupied. They would provide you with alternative accommodation.

In what period do you feel you will be ready to move? Eviction can be a lengthy process - perhaps you could talk with them about when may be a mutually convenient time for you to move?

Well I don't really know, a few months I guess, maybe 3 to 4 months? See it's OK if they provide alternative accommodation, but they way she was talking I'd be out on my ear, and it would be up to me to find somewhere else.

Horseunderwater

All you can do is see what your rights are in this situation - check out Shelter's website as they are very good at helping people both in Social housing and private lets.
I take it that you have only just started a claim for ESA for the first time as you say that your rate is £71 /week. If that is not the case and you are being migrated over from incap benefit to ESA, then they should pay you same rate as the IB until they sort out the ESA.
You also need to concentrate on which descriptors you meet to get ESA whether it is WRAG or Support group. http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html
This link lists the descriptors - 1st lot are for WRAG 2nd lot are for Support group and under that are the special circumstances. It is not so much about the actual illness but about how it affects your life everyday. What medicines you take and do they have side effects like incontinence for example. Have a read through them.

KxMx

Xign wrote: »

Well I don't really know, a few months I guess, maybe 3 to 4 months? See it's OK if they provide alternative accommodation, but they way she was talking I'd be out on my ear, and it would be up to me to find somewhere else.

Then I certainly think, if that's the attitude you're getting, to contact Shelter so they can tell you your rights in this situation.

Xign

Horseunderwater wrote: »

All you can do is see what your rights are in this situation - check out Shelter's website as they are very good at helping people both in Social housing and private lets.
I take it that you have only just started a claim for ESA for the first time as you say that your rate is £71 /week. If that is not the case and you are being migrated over from incap benefit to ESA, then they should pay you same rate as the IB until they sort out the ESA.
You also need to concentrate on which descriptors you meet to get ESA whether it is WRAG or Support group. http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html
This link lists the descriptors - 1st lot are for WRAG 2nd lot are for Support group and under that are the special circumstances. It is not so much about the actual illness but about how it affects your life everyday. What medicines you take and do they have side effects like incontinence for example. Have a read through them.

Thank's for that I will look through later, yes new claim for ESA, only got my first payment the other day; so have a while to wait till being put in a group. Although I don't know if me working part time would just mean they put me in a WRAG, cross that bridge when I come to it!

cockaleekee

Xign wrote: »

Well I don't really know, a few months I guess, maybe 3 to 4 months? See it's OK if they provide alternative accommodation, but they way she was talking I'd be out on my ear, and it would be up to me to find somewhere else.

This is not my area, but three months seems reasonable to me - it will take them longer (and cost them more) to evict you. You are definitely entitled to be housed in an alternative property.

rogerblack

Xign wrote: »

She said this issue would be can I afford the 14% bedroom tax (roughly £13 a week) and potentially 10% council tax penalty (£1.61 a week). Obviously I can pay this with no issue at all, but she said "the housing management team may deny you succession as you could move into a 1 bedroom flat"..

Several issues arise.
Are there any 1-bed council flats available?
If there are not - what is the amount that it would cost to privately rent a 1-bed flat in the area.
Would this exceed what the council is paying you as HB?

Xign

rogerblack wrote: »

Several issues arise.
Are there any 1-bed council flats available?
If there are not - what is the amount that it would cost to privately rent a 1-bed flat in the area.
Would this exceed what the council is paying you as HB?

I know of at least one council flat, we gave up tenancy of my Nan's one bedroom flat yesterday, as she needs to be in a nursing home now.

Her rent was £94 ours is £111.50 so it's slightly cheaper.

I'm not sure of private rental prices.

Xign

I contacted Shelter; they confirmed everything I was told. But the gent did say that evicting me and finding alternative accommodation would cost time and money. The HA could decide it is in there best interests to offer succession; get paid rent and discuss moving at a later point. From his experience he said I should be 'cautiously optimistic'.

Very worrying though.