entitlement to housing by Local Council/Authority

moneybags_3

I sold my house at a low price (houses where I live dropped in value dramatically) I am a pensioner and I attempted to purchase a house which was also selling at a low price. It would have meant my mortgage (I still have a low mortgage) not increasing. However, the sale of the house that I intended to purchase fell through because of a boundary query which showed up in the solicitor's search. Would the Local Housing Authority classify me as making myself intentionally or unintentionally homeless if I have to leave my house but have no house to go to.

McKneff

Could you rent while you look around for another low value house to buy....

cattie

Yes they would I'm afraid. You will be expected to look for another property to buy or to find a private let. Is it too late to pull out of the sale of your house? Have contracts been exchanged yet or a completion date set?

Depending on what area you live in & your local council, you could be eligible for over 55's housing though, although you'd need to go on a waiting list for this.

I'm not sure how other councils operate, but know my local one will usually interview an applicant in their own home to establish their eligibility for getting on the list for such a property. Things such as ill health can usually help you qualify even if you own your current home & it's unsuitable for you. It's worth investigating anyway.

BigAunty

See the Shelter website for info on how councils must process a homeless application and what is classed as 'intentional homelessness', the exact definition (which is about leaving a property when you did not have to).

Each application is processed on a case by case basis - no one here can tell you the definate outcome.

Can't you just rent somewhere with the equity you've received from the first property until you find your next place to buy?

If you are in England, the council can now just discharge its statutory obligations towards the homeless in priority need by offering a 1 year tenancy in the private sector - you could get a shorter private contract yourself.

[Deleted User]

Could you pull out of your house sale if you absolutely had no other choice (better that than be homeless)?

Again, renting an alternative property could be a solution.

moneybags_3

I do not think that I can pull out of selling my house as I signed a contract but that was on the condition that I buy a house - after I signed all docs, the solicitor informed that there was a boundary problem with the house that I hoped to buy and the vendors might not be able to sell to me or anyone else for that matter. I was buying this house as it was affordable for me and was in very good condition. I would not have signed my house away if he'd told me this information before I signed. If I have to move out I will be homeless (but I do not think that this is my fault) I will have to rent as my chances of getting a house at the same price and condition are extremely slim - if I do rent I will not buy again. I am over 60 so I would like to get into sheltered accommodation eventually.

Errata

It's a great pity your solicitor didn't make sure there were no problems with the house you wanted to buy befiore you signed the contract to sell your house and it does indeed look like you will have to move into rented accommodarion.
You say you hope to move into supported accommodation eventually? I think the days when a warden popped in to see someone once or twice a day have been over for a long time. The support that's available if needed is careworkers making one or more calls a day to help with personal care, and a call alarm to contact a central point in emergencies.

BigAunty

What do you mean 'signed a contract' - do you mean with the estate agent to sell the property and the solicitor to do the legal work or do you mean there is an exchange of contracts between your solictor and the buyers solicitors (i.e. when the parties become legally bound to complete the deal)?

Homelessness is defined as no security of tenure past the next 28 days, so yes, if your house is definately getting sold in the near future and you cannot extract yourself from the commitment, you might very well be classed as homeless.

Whether or not the council have any obligation to help you is another matter and as you are aware, it will probably hinge on the 'intentional homelessness' definition. But also, without dependents or disability/vulnerable, in England, you will not be classed as priority, I think. In England, there is little in the way of support for single people who aren't classed as vulnerable.

You must simply apply to them and await the outcome of their decision. There is an appeals process, too. See the Shelter website to understand the process and what they look for. Contact them now, many local councils prefer if people contact them as early as they are aware that they potentially have a housing problem rather than further on down the line. They may not have an obligation to help you until your homelessness status falls within the definition but they could at least give you pointers and options until you can legitimately get them to accept a homelessness application in which case they are then obliged to process it.

Be aware that local councils have a terrible reputation for not meeting their minimum legal responsibilities. They are generally overwhelmed with applicants and little housing stock. A homeless charity (Crisis) once got a number of people to present themselves as homeless to local councils in London and somewhere in the region of 90% of the homeless departments failed to do what they were supposed to - most couldn't get past the receptionist, were palmed off with leaflets or told to return with information, none of which corresponds to guidelines in how they should actually deal with homeless people. This is why it is important for you to read up on the Shelter website to understand how they should be treating you rather than how they might.

Whether or not they will award you social housing if they do decide they have a statutory obligation to assist you is another matter. As I've already indicated previously, councils in England do not have to give a homeless applicant a social housing property. Since November last year, all they are required to do to meet their legal obligations is offer on one occasion only suitable settled accommodation, and this includes an offer of a private tenancy of 1 years duration.

There's nothing to stop you from applying for social housing (sheltered accommodation) with housing associations/the council on either the general waiting list or choice based letting (whatever system your local social housing landlords operate). Virtually anyone can apply for social housing, few get it, there are millions on the waiting lists.

AlexMac

My sympathies at your dillemma. Big Aunty's advice, above, is sound, but can I return to her initial Q- about whether you really are legally obligated to go through with your sale? Even though you say "I do not THINK that I can pull out of selling my house as I signed a contract..." my understanding of English law is that until contracts are 'exchanged' by the seller's and buyer's solicitors, the deal is not binding.

So, if you would like to stop the sale, and given that your solicitor is accountable to you and to you only, I suggest you ask them (referably face-to-face, or if that is impossible by telephone, confirmed in writing or by email), whether they can stop the sale. Or be even stronger, and (if this is really what you want), instruct them to stop it. Don't let them browbeat or intimidate you. It might be easier for them to go ahead, and it might make you feel embarrassed and that you are letting your buyer down, but it happens all the time (sales falling through at the last minute). And you have to protect yourself.

A lesser, interim position could be that you tell your solicitor to tell your buyer that you are delaying completion until you find an alternative, and affordable property to but. If they then walk away, that is their choice. And if your solicitor gets Rsey, remind them they work for you.

So, think about it, decide, and act with resolve. It may well be that it is best to proceed with the sale, but is that the really best if, at worst, you lose your (presumably portable) mortgage and cannot buy again?

The fact that you refer to your age (I'm nearer 70 than 60!), your concerns for the future and for your health, seem to indicate to me that this is quite an emotional and difficult time for you, so do be strong. And best wishes.

I won't comment on the Council or sheltered Housing issue, but I know how tricky they can be, from my helping a young ex-tenant get a flat (she asked me to collude by serving her with an eviction, court order and bailiff entry notice, all demanded by my local council as evidence of homelessness) and from helping place my Mum in care.

So i repeat-best wishes

Ivana_Tinkle

Have you exchanged contracts on your sale?

moneybags_3

I will have to rent privately. I am not on benefits and I get an occupational pension. It is not a fortune but is above benefit level. I'm hoping to stay with a friend until I can get a place. Obviously I will pay rent to my friend and help out etc.