Being Housed/Eviction Case/Data Protection Question

MInkYKD

Hello,

This may be a long post so please bear with me.

I live with my dad who is a tenant of a Housing Association. He is facing possible eviction due to apparently breaking the rules of his tenancy agreement, which he actually hasn't (details are irrelevant at this time). We are currently fighting it. Anyway..

I suffer from a medical condition (fatigue and pain disorder), a condition that my dad refuses to believe even exists, despite the fact I've shown him printouts from the NHS website. He thinks I'm using it as 'an excuse' to not do anything, or at times when I can't always help him with certain tasks etc. As a result, my mental health is rapidly declining. A lot of the time, due to my condition, I need to nap and/or be alone to relax. My dad gets frustrated and angry every time. He often disturbs me with a question while I'm sleeping, or for help of some kind even though I had already told him I'm laying down for a while. He always calls up the stairs whenever he comes home to see if I'm in, again, despite the fact I asked him not to do that because I may very well be napping. This always causes disputes and arguments, and a lot of stress. I've lost a stone and a half in weight in the last 6-8 weeks due to stress and depression. Several times he has barked that he wants me to move out of the house, then when he calms down he says I can stay, then he does it again, and again, and again. There's much more to it than this but I'd be here all day!

I want to make a plea to my local council to house me as I cannot live here anymore. My condition requires space, routine, and freedom, none of which I get here without there being some kind of tension. I mentioned to my dad that I'm gonna write to the council and explain my needs (I didn't tell him I was gonna write the fact he refuses to acknowledge my condition etc), and that we are not getting on. I was just floating the idea to him because I didn't wanna go over his head. He got angry. He said he doesn't want anything in any official document that puts him in 'a bad light'. I explained to him how much I need this, plus the fact that I haven't flown the nest yet (I'm in my 30's) and I need my independence too. He was still adamant he didn't want me to do it. He also said that my leaving would affect this eviction case. He reckons that if I leave, the Housing Association would put more pressure on him to get him out. I said to him that the HA can't use outside info that isn't even about him, and even if they did, they can't use it as it's got absolutely nothing to do with why they are trying to evict him. I also said they can't use it due to Data Protection as they can't disclose it without my permission. He scoffed and said Data Protection 'means nothing'. He said I was naive.

So, my questions are -

Can my leaving effect his case at all? Could the HA put pressure on him to leave, even if the driving force behind it is only because he would be one person living in a three bedroom house (despite the fact he's been here since 1979 with an assured tenancy)?

My dad is paranoid that him 'chucking out his daughter' on official record would hurt his case because it shows his character, which could hurt his defense when he states in his statement the amoral character traits/persona of the people who wrongly accused my dad of something which lead to the threat of eviction in the first place. Is he paranoid or could he be right? If that's true, surely then it means the HA/Council would be breaking the rules of confidentiality/data protection with my letter to them about why I need to be housed elsewhere.

Based upon what I've explained about my mental health declining from the stress of not being able to rest up and being accused of 'exaggerating' my condition (how can I exaggerate something that doesn't exist, right?), what chances do I have of being a priority? And should I also send them a letter from my GP to support my claim?

Many thanks!

[Deleted User]

If you were going to go to the council to ask for housing on the basis of your health needs you will almost certainly be asked for proof from a GP or specialist. Something showing a diagnosis. And also comments that you need to live independently. So speak to your GP.

If you can't provide that you would be better off moving into a shared house/room somewhere.

tacpot12

I think you are thinking on sound lines that any information you provide to the council (especially medical information) on your need to be housed could not (and should not) be released to the HA when they are considering your father's tenancy.

However, your description of your father makes me think that it will be very difficult to convince him that this is the case. He is likely to consider that evicting you will affect his problem with the HA and no amount of argument/reassurance will convince him otherwise. So he won't kick you out, despite wishing that you could do more to help him.

If you want to leave, you will have to find your own place and move out. A shared house will normally be the cheapest option, and if you are careful selecting your co-habitees you might find that they are out of work all day. In any case, you should find them more respectful of your need for a quiet lie down than your father.

theartfullodger

Father should 'phone Shelter 0808 800 4444 for advice. Open weekends, but busy so expect a wait, for advice on eviction & how to avoid it.

HampshireH

The council and HA have data sharing agreements in place which your dad would have agreed to upon signing his tenancy.

If he discloses anything it can be shared within the terms of their agreement. If you disclose anything to them in relation to his tenancy the same applies.

I think you need to be very clear in your decision making process. You need to either present as an individual or you are part of the household being evicted.

If your dad has some sort of saving grace due to your needs and him needing to care for you (if he puts this forward as a defence in a stay) then yes your needs are relevant and he will have to discuss them. This links you and so yes could impact his eviction.

Hard decision but one you need to make quite quickly. As you say your in your 30s you dont need his permission to leave. There are people looking for lodgers or houseshares all over the place.

MInkYKD

Hi, thanks guys.
My dad already has a solicitor on side from Shelter, but he won't discuss anything with them about what my options are/could be regarding my wanting to leave and what it could mean to him. He wants to keep it all within the point so it doesn't 'confuse things'. Asking the solicitor HE hired won't confuse things. He's so stubborn at times.
Since making this thread I have made an appointment with my GP. And I have called the council about the threat of homeless and awaiting an appointment with them. They told me that I'm better off waiting until the outcome of the court hearing, as if we're eviction than its job done. If my dad wins (and I really hope he does for his sake) I can still make a claim to be housed elsewhere etc.
Fortunately my father doesn't care for me or vice versa, so anything I disclose will be totally confidential.

Thanks for your help guys!

MInkYKD

I'd just like to say that last bit where I said 'my father doesn't care for me...' I mean as in he's not my carer! Lol.