Eviction notice served

italian-tony

MOT and I are devastated by this refusal. I shall be with her tomorrow. What do these beaurocrats think she was supposed to do? Starve herself and the kids? The battle hasn't bee lost. We will go ready to put up a fight. Even if she had paid the rent she would still have been made homeless by the sale. I could go on but I'll save it for tomorrow. If anyone has any knowledge of how these meetings are conducted and any advice on what to say, please let us know. Thanks.

kathy206

:grouphug: MOT Have read this thread since it started and am astounded that you have been treated this way. Can't do anything else but sending positive thoughts and lots of love your way. Thinking of you for tomorrowxxx

Gforce_2

[. From your own statements and having dealt with you for the past month, I can confirm that you do manage all other affairs well without any help or support from any agency. You do not have problems paying any other bills and have managed to maintain a three-bedroom accommodation as well as care for your two children.

Hmmm do you manage all your other affairs well? It appears that the HO is using your contact with her to demonstrate your capability.

rog2

mumoftwins wrote: »

I am writing about your application for housing assistance as a homeless person. I must inform you that it appears on the evidence before us that your homelessness may have been caused intentionally.

This is because you have lost your last settled accommodation as a result of rent arrears. From information already provided and investigation carried out it would appear that your accommodation was affordable and that you had sufficient income to maintain regular payments. You were in receipt of Housing Benefit, which was £***.**every fortnight, and though you had a shortfall this was affordable. You have confirmed that you used this money for other things instead. There were no severe medical issues that would prevent you from managing your affairs. From your own statements and having dealt with you for the past month, I can confirm that you do manage all other affairs well without any help or support from any agency. You do not have problems paying any other bills and have managed to maintain a three-bedroom accommodation as well as care for your two children.

So your local council is only prepared to help you if you had demonstrated a total lack of financial management - interesting. :think: :think:

Despite the fact that your Doctor has stated otherwise - the HLO has 'deemed' that there is NO medical issue severe enough to prevent you from managing your affairs. I am not in a position to make any professional analysis of your mental state as I did not study for five years to gain the necessary qualifications to contradict your GP - obviously your HLO has. This being the case I must bow to her superior knowledge, although I would wonder what on earth she is doing with HER life - seems like a total waste of qualifications to me. :undecided :undecided
I assume that you are allowed to appeal against any decision that is taken by ONE person contrary to all professional advice provided.
I am particularily interested in her definition of 'deliberate homelessness' and I would be more than interested to know if this is a National Standard or simply the guidelines issued by your council.

I do NOT see how she can justify this 'refusal' and her 'invitation' for you to provide 'further evidence' just rings hollow to me. In my opinion, it looks as though ALL she wants to do is to 'wash her hands' of your problem.

I fully understand how you feel. :mad:

Gforce_2

rog2 wrote: »

So your local council is only prepared to help you if you had demonstrated a total lack of financial management - interesting. :think: :think:

Despite the fact that your Doctor has stated otherwise - the HLO has 'deemed' that there is NO medical issue severe enough to prevent you from managing your affairs. I am not in a position to make any professional analysis of your mental state as I did not study for five years to gain the necessary qualifications to contradict your GP - obviously your HLO has. This being the case I must bow to her superior knowledge, although I would wonder what on earth she is doing with HER life - seems like a total waste of qualifications to me. :undecided :undecided

They've used an external medical assessor who WILL be qualified. Of course that doesn't mean they've made the right decision!

rog2

Gforce wrote: »

They've used an external medical assessor who WILL be qualified.

Would that 'External Medical Assessor' be totally independent, or on contract to the Council, for such assessments?

What are the appeals procedures open to mot?

Edit -Hi Gforce - I see that you have edited your post, whilst I was typing mine. I'd STILL be interested in your reply, though.

Gforce_2

rog2 wrote: »

So your local council is only prepared to help you if you had demonstrated a total lack of financial management - interesting. :think: :think:

I do NOT see how she can justify this 'refusal' and her 'invitation' for you to provide 'further evidence' just rings hollow to me. In my opinion, it looks as though ALL she wants to do is to 'wash her hands' of your problem.

I fully understand how you feel. :mad:

I can only go off my own working experience here, but I'd say this invitation isn't neccessarily a hollow gesture. I have changed priority decisions before now after I've invited applicants to provide more indepth info.

kisto

Hi MOT,

I've been following your post since the weekend, and I'm so sorry to hear the councils response to you this morning. How very disappointing.

I can't see how your depression or rent arrears have got anything to do with your homeless application. The reason you are homeless is because the landlord is selling the property - don't lose sight of this. Had he not been selling the property you would still have a roof over your head, albeit it one with rent arrears. The only thing that would swing this I guess, is if the landlord is claiming he is selling the property because of the rent arrears.....that kind of makes it a vicious circle/chicken & egg situation.

Contact Shelter for advice again, as I'm sure your situation is different to when you first contacted them.

You need to find out from the council what you are now supposed to do about housing. If they won't house you...what options are there? You might have local charities that assist you with rent deposit/removals. When my ex and I separated I had this tenancy agreement transferred to my name. There were rent arrears of £900 (thanks to my ex) so I managed to get a loan from the council which I am paying back at £10 a month. Are there any landlords that are willing to take on tenants in receipt of housing benefit? Have you applied to go on the waiting list for a council house/housing association house?

I've actually been homeless, and it was highly likely we would have been deemed intentionally homeless (long story). We (me, my ex & 2 kids) turned up with our bags at the council offices in the morning, with nowhere to sleep that night. After several agonising hours they managed to find us a couple rooms in a local hotel. After 3 days there we were moved to a B&B - where we stayed for 8 weeks, before privately renting the house we're in now. We also had the threat of social services taking the children away from us. It's so incredibly frightening. I'm so glad that we were able to stay together. 'Surviving' in a B&B was such a struggle - eating was the most difficult thing as you simply can't afford to eat out all the time. In the end we were given a microwave and lived off ready meals. Please bear this in mind if you do end up in this situation.

I posted this post last week. Your posts have helped keep things in perspective for me and help me appreciate things aren't *that* bad. I can certainly empathise with how frustrating it is dealing with a council that are impossible to communicate with!!

You're obviously strong and determined (although this is something the council are now using against you....honestly!!!!) and I hope you find it within you to keep up the fight. The best of luck.

BartGirl

Mother !!!!! barstewards.:mad:

Sorry.

Had to say it.

How dare they. I cant type anyth 'reasonable' right now. I'll leave that to every1 else..

FUMIN.

Gforce_2

rog2 wrote: »

Would that 'External Medical Assessor' be totally independent, or on contract to the Council, for such assessments?

What are the appeals procedures open to mot?

They are totally independant of the council, some are paid on a case by case basis others are contracted for a minimum number of assessments per year.

MOT will have the right to review with LHO and if not happy she should be able to apply for a reivew by the council (sorry forgotton what it's called but it's like an internal ombudsman), then of course she can also take legal action against the council. May be others, sorry not well up on that kind of thing.