will i get a council house?

Bella_Smythe

this is slightly off-bankrupcy but still.
within the next year we intend to let the building society reposess our house, and also file for bankruptcy including the negative equity shortfall. my question is; will this entitle me to a council house? i know from other people i would have to have an actual letter with the date of eviction before they would re-house me, which wouldnt leave a lot of time to be looking for a private rental if we didnt get council accommodation?
our circumstances are, my husband is a full time uni student, i work, but can only work part time these days due to chronic health conditions.
ta.

ILW

Suggest you OH gets a job.

krok

Hi Bella, im afraid the trolls are around.

I can only suggest you get an appointment with your local housing officer as only they will know the answer to your question.

Sorry about your situation.

GwylimT

Your council could decide that you have purposely made yourself homeless, it might be an idea to get in touch with our LHA and discuss what your options actually are.

Why hasn't your husband got a job? Would it not be better for him to get a job so you don't have to file for bankruptcy? I know plenty people who have held down full time jobs, been sole carers for their children who have been studying at university, it can be done.

If your health is preventing you from working full time have to looked to see if there is any help available to you, such as DLA etc?

Fishingtime

Why do you intend to file for BR ?
Is it because your house is in negative equity?
I hope it does not entitle you to a council house

debt_doctor

Hi,

To be able to gain council accommodation under the homeless legislation you would have to pass the 5 tests of homelessness;
1) Eligible for assistance
2) Actually homeless or threatened with homelessness within 28 days.
3) Priority need
4) Intentionality
5) Local area connection.

Test 1 is do you have a right to reside in the UK.
Test 2 would be achieved when possession was granted to your lender.
Test 3 is someone in the household is under 18 or pregnant or 'otherwise vulnerable' - This will be a hard test for you to pass unless you can show your illness to be serious enough to warrant 'otherwise vulnerable'
Test 4 - did the applicant do or fail to do something that led them to being homeless and was it reasonable to occupy the property. - Was the secured lending affordable at the outset? - did you have the money to pay the secured lending but did not do so?
Test 5 - have you lived in the local authority area for the last 2 years?- (not the exact test, but it will do)

Only by passing all 5 tests will you be granted accommodation under the homeless legislation.
If you don't pass tests 1,2 and 3 then the council would not even have a duty to give you temporary accommodation whilst tests 4 and 5 were looked in to.

Sorry it doesn't make good reading, but it is important to get armed with the facts - to have any chance you must focus and gather evidence for test 3 - Priority need.

DD

lilybankrupt

Just to share my experience, I spoke with the housing officer about repossession / homelessness too. As I don't have children / am not 'vulnerable' I was advised that I would not be considered priority, even if I was on the streets. There would be no duty for the council to house me. I would be Band 2, and they estimated it would be at least a year before my turn arrived on the waiting list.

For any trolls out there I reckon I've paid about £100,000 in taxes over the years before redundancy from a well paid job. I was horrified to learn that there was no assistance, even just for a year or two whilst I get back on my feet. The irony is that if I had become homeless I would have been unable to continue with self employment, making me totally dependent on the state, probably for a lot longer than if some short term help was provided.

I've just moved into a private rental, but it took a while to sort it out. The local estate agents said I was an unacceptable tenant (credit score, self employed) and in the end I had to advertise for a landlord. Even then a family member has had to act as a guarantor. I consider myself lucky to have found something and to have family willing to help.

I know the Daily Mail would have us believe otherwise, but benefits are pretty hard to come by these days, even if you've paid into the system for 20 years.

arcon5

If you know repossession is merely a matter of time, why not stop paying the mortgage and use the money towards private accommodation?

Bella_Smythe

Arcon5 - thats what we intend to do, we need to save for bankruptcy and the deposit for a house, i just wondered what our chances of getting a council house would be as the rent would be a lot less, and the tenancy more secure?
DD, Lily and Krok - thank you.
the rest of the posters - good grief!!! does it not say at the top of this forum that it is for HELP and not JUDGEMENT.
I could tell you my life story if you want - actually, no I wont. its private. and involves more trauma and pain than anyone needs to experience in a lifetime. and my husband was a Leisure Centre Manager (council-run gym) for TWENTY SIX years before being made redundant due to government cuts. he tried for a year to get a job - only sales jobs available where we live. So we decided TOGETHER that he should go to Uni and we are fully confident that he will be able to get a reasonably well paid job at the end of it, and no he cant work part time at the same time - for more reasons I dont feel inclined to share with the public at large!
!!!! off
Bella

luvchocolate

Hi Bella no need to explain yourself.....most of us have seen your posts over a no of weeks and offered help and support were we can....ignore these people who just pop in to have a go when they are bored!!
Keep planning and doing your research......as you have done and we are still here for you...ignore the time wasters xx

arcon5

Bella_Smythe wrote: »

Arcon5 - thats what we intend to do, we need to save for bankruptcy and the deposit for a house, i just wondered what our chances of getting a council house would be as the rent would be a lot less, and the tenancy more secure?

You'll find it harder to get in the private rented accommodation post-BR. Most will want a Guarantor or 6 months up-front. So imo you should find a nice house in a nice area that fits in to your budget now. Somewhere you can feel at home for the next few years. Council housing isn't always pleasant and you certainly wont be given a brochure to choose an area from so you could find yourself in a less desirable area.