Eviction notice served

misspoppy

Hi Sorry about the indications of this decision. I think it would be wise to concentrate on how bad you were at the time you started to get into trouble and that since then you have improved and of course that the landlord has sold the house.

You have had good advice about changing the apointment if its necessary. Good luck.

rog2

Gforce wrote: »

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.

I accept what you are saying, Gforce, and I note that you use the word 'necessarily'.

Perhaps you would be kind enough to indicate what sort of percentage of priority decisions are, in fact, changed at this stage. Of course I realise that this is NOT your Council and I could not hold you to any figures you may quote. I am purely looking for a realistic assessment of mot's chances that the matter may be resolved in her, and her family's favour.
Thank you.

Floss

Homeless criteria are set by the Government, and have to be interpreted to the guidance supplied by them. Shelter can give the best advice on this interpretation.

Becoming intentionally homeless basically means that you, by some means or other (whether illness / rent arrears / behaviour) have contributed to the situation - the Council will probably argue that because MoT did not pay her rent, the LL got into arrears with his mortgage & has been forced to sell the property & evict MoT, thus making MoT homeless, at first glance because of the eviction. They appear to have decided that any illness was not severe enough to affect her day-to-day judgement & financial management. It is a harsh way to discriminate between applicants, but there has to be some way to make decisions - there is simply not enough Council housing for the number of people on the lists, and not everybody that presents as homeless will actually be deemed "homeless" by the criteria.

You need to stress the point that the illness you were suffering when the problems started has now improved to the point that you CAN now manage your own affairs - the HLO did not have any contact with you then & cannot judge your behaviour now as an indication of how you were then. If you were on medication, your GP would not have given that out lightly, and if you have since had that reduced or come off it, then that is an indication of the improvement of your health.

Love Floss xx

Gforce_2

rog2 wrote: »

I accept what you are saying, Gforce, and I note that you use the word 'necessarily'.

Perhaps you would be kind enough to indicate what sort of percentage of priority decisions are, in fact, changed at this stage. Of course I realise that this is NOT your Council and I could not hold you to any figures you may quote. I am purely looking for a realistic assessment of mot's chances that the matter may be resolved in her, and her family's favour.
Thank you.

Thanks rog2. Hmmmm I don't know tbh. I don't work in homelessness so can't answer for them at all. I work in registrations, alloctations and transfers and make decisions on social and medical priority. I'd say about a third of those that appeal will have a change in decision.

lindens

This is whats confusing me. Surely the main reason you are homeless is because the landlord has sold your home? Yes you had rent arrears, but even if you had been bang up todate he has still sold your home - yes?????
I think this is the avenue that needs to be pursued. Sounds like the council are clutching at straws and using loopholes in order not to have to re-house you.
Anyway aside from that, I expect you feel absolutely devasted by that email but I hope you can pull yourself together ( as you have been doing so admirably over the past few weeks and months) for one more fight. am sure you can do it with lots of MSE'ers and I-T's help. Its a shame we cant all come with you to that appointment, the HLO wouldnt get a word in edgeways:mad:
Chin up

Floss

"Can I appeal against the council's decision?
If you are told that we do not have an obligation to secure you accommodation, you will receive written notification of our decision. This notification will advise you of your right to appeal against the decision and how to go about making an appeal.
What is the appeals procedure?
Appeals are made by writing within 21 days of the date of the decision letter.
Your case will be considered by the Housing Review Panel, who will look at the information on your file, along with your written submission and any further evidence in support of your appeal. You will be notified of the outcome in writing, as soon as possible following the meeting of the Panel.
What is the Housing Review Panel?
The Housing Review Panel comprises five elected Members, who are independent of the original decision."

From the relevant Council website.

Floss xx

Floss

lindens wrote: »

This is whats confusing me. Surely the main reason you are homeless is because the landlord has sold your home? Yes you had rent arrears, but even if you had been bang up todate he has still sold your home - yes?????

We do not know what situation MoT's LL is actually in - it may be that he has been forced to sell up by his mortgage company, because he hasn't been able to pay the mortgage because the rent has not been paid. That may be true, it may not be true, but at the end of the day we are not privy to that information and furthermore we do not know what he has told the Council. They should investigate any statement from him, including contacting his mortgage company if necessary.

The issue the Council are focussing on initially is the rent & why the payments were not kept up to date. They have to look at things on a time-line basis, i.e rent arrears issue first, then eviction etc to ensure decisions are made via a standard process.

Floss

mumoftwins

Floss wrote: »

Becoming intentionally homeless basically means that you, by some means or other (whether illness / rent arrears / behaviour) have contributed to the situation - the Council will probably argue that because MoT did not pay her rent, the LL got into arrears with his mortgage & has been forced to sell the property & evict MoT, thus making MoT homeless, at first glance because of the eviction.


Need to clarify a point here - the LL owns this cottage and 3 others as well. The reason he is selling is that if he doesn't sell 3 of the 4 by the beginning of next year he will have to pay 40% capital gains tax. He has been a complete idiot re: his ideas of how to sell over the time I have been here (sorry if that sounds harsh but I have spent the last 20+ years in Estate Agency and New Homes), and in last few months started to panic about his CGT bill. Initially, when I told him of my problems he did nothing as he liked me and the fact that the house was always kept so nicely.

GeorgeUK

Really feel for you MOT

Keep fighting and try to stay calm - especially at the meeting. Get I_T to give you a pat down before attending. Don't want you inflicting any damage in there.

you have lost your last settled accommodation as a result of rent arrears

Did they actually read anything you sent to them? Does everyone who has rent arrears lose their accommodation?? The day you moved in you were told of the sale. This was explained to them wasn't it?

Can't remember what you said was in the doctors letter, but i'm sure they listed the medication you were put on. I guess this doesn't count for much then.

If you can give them the full story at the interview, hopefully they will see that you did everything you could - you had already used up savings etc with your previous move.

Got everything crossed for you.

mumoftwins

The HLO has just knocked on my door!!!!!!!!!!! Hand delivered the decision letter and asked me how I am!!!!!!!!!!!!!