Council transfer and arrears

DanielleD30

Hi, I really need some help, I apologise this is going to be a lengthy one, but I need to know if there is some kind of law or legislation I can get behind me to back me up.

So, I live in a 2 bed council house, bedroom 1 is 11 year old girl & 9 year old boy. Bedroom 2 is myself and 22 month old son. I am 22 weeks pregnant also with boy & girl twins, due in June. Overcrowded.

I have, 4 months ago, split from ex partner, due to domestic violence, he was convicted in court yesterday, no prison time, just a load of orders in place.

1. The issue I have is I am left with rent arrears from this relationship, money abuse.

2. Social services have put my children on a child in need plan as a result of the incident and we are deemed as high risk. They aren’t happy with the space I have in my home and is a concern for them.

3. He has very recently moved, private renting to the street just behind mine. The said house overlooks the park my children play in, and the nursery my youngest is due to start in April. He has an injunction not to come in my street. But my shop is now his shop. And he is always around that area before and after school when I’m dropping my children off. Now the police say it’s okay because he’s not allowed in my street. It’s very upsetting that me and my children are only allowed to feel safe and that we aren’t going to see him in our street when he has the full run of the local area!

I have a letter of support of a move from my IFVA and social services. I’ve seen bits online that say the council can agree to a move. But every time I phone I’m getting no where.

I now have a very small payment arrangement in place for the arrears. And I have applied for a debt relief order. But as you may know, this will take a year before it wipes off my debt so I can move.

Any information you have on anything I can do or any where I can turn will be a massive help.

Apologises it’s so long!
Kindest regards

HampshireH

Usually a "management move" for DV is out of area.

Your various agencies and police need to write to the HA advising why you need to move and why they support it.

The Housing Officer would normally be involved in the Child Protection meetings so should be fully informed also where there is a housing related issue.

DanielleD30

Thank you for your reply.

That’s half my problem the management move in terms of the DV isnt going to happen. The police say we are safe as he isn’t allowed in this one street. Despite the fact we are still “high risk” through their risk assessments. They will only give like for like property in any case, which doesn’t solve the problem with overcrowding and social services.

A housing officer wasn’t at our review meeting, I think because they are on child in need and not child protection - it’s a lower level, which if followed correcting will stop the children needed in to be on child protection.

So I really need some kind of standing on how I can get them to allow to transfer in the regular way

Norman_Castle

I live in a 2 bed council house, bedroom 1 is 11 year old girl & 9 year old boy. Bedroom 2 is myself and 22 month old son. I am 22 weeks pregnant also with boy & girl twins, due in June. Overcrowded.

Are you legally overcrowded?

https://england.shelter.org.uk/housing_advice/repairs/overcrowding

pmlindyloo

Who are you doing your DRO with?

You need to speak to them about your rent arrears as a landlord can still evict due to rent arrears even if they were included in a DRO. So, I am wondering if the rent arrears are included in your DRO it would still prevent the council rehousing you/transferring/house swap.

I see you are paying back your rent arrears - does this affect your DRO? Again speak to whoever is arranging it.

I think you might be better off applying for a Discretionary Housing Payment to cover your rent arrears. You can obtain a form from your local authority and site financial abuse (i.e domestic abuse for the reasons behind the rent arrears)

Are you on the housing register for a larger property? Is it your rent arrears that are preventing the local authority to agreeing to moving to a larger property?

I suggest you contact CAB about your whole situation, preferably one with a housing specialist. If they do not have the expertise to help you 'in house' then contact Shelter.

silvercar

2. Social services have put my children on a child in need plan as a result of the incident and we are deemed as high risk. They aren!!!8217;t happy with the space I have in my home and is a concern for them.

Are social services more concerned with the overcrowding or that your ex lives nearby?

DanielleD30

Yes legally overcrowded I have been advised

DanielleD30

It was initially just the over crowding. Now he’s moved in there it’s both

DanielleD30

It’s going through step change. I’ve not paid the fee yet so I’m still paying the rent. I didn’t actually even think what would happen in that situation. I will phone them Monday thank you.

Yes it’s the arrears stopping me. They won’t even accept me on to the transfer list because I have them.

It’s really a tough situation and while I completely understand these rules, I would hope there would be exceptions. He’s put me in this mess now run off any doing what the hell he likes and doesn’t even pay towards his children - that’s a different matter but as you can probably tell I’m just gutted

Pixie5740

Every council is different but my brother managed to transfer from a council property in one council to a housing association in another council with arrears so it's not totally impossible.

silvercar

Do you have a support network?

With 5 children, 3 of them under 2 it's going to be a struggle.

I have a concern that moving away to escape the ex may leave you alone without your friends and family.