Homeless in 10 days refused RSL allocation

JazzaG

I am disabled, have clinical depression, parenting 2 teenage grandsons since 2004, on income support since then, and my mortgage is due for repayment. I decided to sell, as I did not want any surplus to pay if it was re-possessed and auctioned. I will be left with £25,000 equity on completion in 10 days. I am classed as High Needs Plus on the council waiting list, because of Statutory Homelessness, need for a downstairs toilet (Independent Living Assessment) and having children in the household under 16. The housing authority operate a choice based letting system, on which I have won the bidding on 3 properties in a row. Unfortunately, the Registered Social Landlord who manage 80% of council stock says it would be against their charitable objectives to offer me a home because I will have over £16,000 in the bank on completion. Are they allowed to ignore the guidelines, which state that when the council has asked them to offer accommodation to people with priority under its allocation scheme, RSLs must support the council in the discharge of it's statutory homelessness duty to such an extent that is reasonable in the circumstances. I also feel that they may be putting me at a disadvantage with regard to my disability, in that they are refusing me access to the majority of properties in the borough with a downstairs toilet. Any input, legal or otherwise would be much appreciated.

pinkshoes

Could you not put £9k in trust for your grandchildren or something like that?

rtho782

If you have £25k in the bank you can certainly afford to rent privately, no need to use up social housing.

elsien

Do you count as statutory homeless given that you've voluntarily sold your house? (Not having a go, genuine question.) I would guess that you are not going to be considered unintentionally homeless if you've chosen to sell up.

In response to your other point, my local council will not offer priority housing to anyone with a certain level of income so it may be that your assets count in this respect. I would suggest phoning Shelter for some specific advice.

maninthestreet

If you deliberately make yourself homeless will the council have any legal duty to provide you with accommodation?

Detroit

rtho782 wrote: »

If you have £25k in the bank you can certainly afford to rent privately, no need to use up social housing.

It could be very difficult for OP to find a private rental suitable for her needs, and given her disability and other circumstances far from ideal to have the insecurity of a short term tenany.
I would say OP has every need to 'use up' social housing. Though whether this can be achieved could vary depending on her local authority. I would recommend seeking advice from Shelter on this.
Incidentally, £25k won't take long to reduce to below the threshold with 2 deps to support when OPs means tested benefits stop due to excess capital, and hopefully then she will meet criteria.
I'd also suggest a chat with CAB about effect on benefits.
OP I wish you all the best in difficult circumstances, and hope you are able to gain a secure home for yourself and your family.

JazzaG

We have been on income support for 12 years and were looking to buy some new furniture for a change. We have made a point of staying debt free over the years, but this has meant that a lot of our stuff is rather dilapidated. I dont mean electronics either, I mean furniture, beds etc. Also when we move we will have to replace a lot of the fitted stuff that we have to leave. On a quick tot-up of things we need to buy or replace, including floor coverings for our new home the total is approx £10,000.

We are classed as statutory homeless, also needing re-housing due to disability needs and having children. We had no option but to sell or be repossessed, we are not in arrears, we have lived here for 25 years and only been able to pay £45 per month towards the mortgage since 2004 due to being on income support. Ask someone who has to pay bedroom tax while on income support how hard that is!
The council acknowledges its statutory obligation to re-house us, and has given us Band A - high needs plus status on the housing list. It is the Charity based RSL that is refusing to house us, contrary to the Government guidelines. Nomination agreement does not mention capital or equity as exclusion criteria.

missbiggles1

JazzaG wrote: »

We have been on income support for 12 years and were looking to buy some new furniture for a change. We have made a point of staying debt free over the years, but this has meant that a lot of our stuff is rather dilapidated. I dont mean electronics either, I mean furniture, beds etc. Also when we move we will have to replace a lot of the fitted stuff that we have to leave. On a quick tot-up of things we need to buy or replace, including floor coverings for our new home the total is approx £10,000.

We are classed as statutory homeless, also needing re-housing due to disability needs and having children. We had no option but to sell or be repossessed, we are not in arrears, we have lived here for 25 years and only been able to pay £45 per month towards the mortgage since 2004 due to being on income support. Ask someone who has to pay bedroom tax while on income support how hard that is!
The council acknowledges its statutory obligation to re-house us, and has given us Band A - high needs plus status on the housing list. It is the Charity based RSL that is refusing to house us, contrary to the Government guidelines. Nomination agreement does not mention capital or equity as exclusion criteria.

Why weren't you claiming SMI?

teddysmum

Many older terraced properties have downstairs bathrooms, as adding one on the end of the kitchen is very common.

JazzaG

This is my point exactly, we thought this extra cash was the light at the end of a very long tunnel. Instead it is a weight around our necks.
RSL do not take account of my mental condition or their own lettings policy, which advises them to consider the "positive impact of securing reliable accommodation".

JazzaG

We were claiming SMI. This is a payment towards interest only paid at 1/4% above Bank of England base rate, regardless of the percentage of interest your Building Society Charges. No payment is made to reduce the capital. In recent years, SMI has paid less than £13 per week towards our housing costs, in contrast to the £90-£120 per week housing benefit paid to low income renters.