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House Exchange 42 day rule

13

Comments

  • David..M
    David..M Posts: 13 Forumite
    Does anyone know where we can take this from here?
  • [Deleted User]
    [Deleted User] Posts: 4,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    David..M wrote: »
    Does anyone know where we can take this from here?

    Look for another exchange. Late or early you're never going to be able to under occupy.
  • David..M
    David..M Posts: 13 Forumite
    The argument is not about under occupancy it is about the council acting unlawfully and breaching their own policy.



    Everyone has to act lawfully - even the Council
  • 74ace
    74ace Posts: 13 Forumite
    Agree as above it council haven't made a decision within the legal time frame they have to agree to the exchange. Follow their complaints procedure and challenge the decision as being out of time.
  • [Deleted User]
    [Deleted User] Posts: 4,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    David..M wrote: »
    The argument is not about under occupancy it is about the council acting unlawfully and breaching their own policy.



    Everyone has to act lawfully - even the Council

    Although you copied and pasted the text you didn't put the link to what law this relates to.
  • silvercar
    silvercar Posts: 49,420 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    David..M wrote: »
    The argument is not about under occupancy it is about the council acting unlawfully and breaching their own policy.



    Everyone has to act lawfully - even the Council

    They have broken their rules as opposed to broken the law.

    (Anyway, their rule breaking means they should have told you sooner, not they should give you the property.)
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  • scottleam
    scottleam Posts: 1 Newbie
    I am a single person living in a 2 bedroom HA property. I want to move to another 2 bedroom HA property to be nearer my family due to health/support issues. Will I be allowed the extra bedroom?
    I'm a bit confused because I already live in a 2 bedroom property as a single person and have never had any problems.
    Does it only affect you if you are claiming benefits? If I am working and paying my own rent does that make a difference? Do they allow for special circumstances like health issues and needing to be nearer family or is purely down to numbers?

    Any insight would be much appreciated
  • [Deleted User]
    [Deleted User] Posts: 4,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    scottleam wrote: »
    I am a single person living in a 2 bedroom HA property. I want to move to another 2 bedroom HA property to be nearer my family due to health/support issues. Will I be allowed the extra bedroom?
    I'm a bit confused because I already live in a 2 bedroom property as a single person and have never had any problems.
    Does it only affect you if you are claiming benefits? If I am working and paying my own rent does that make a difference? Do they allow for special circumstances like health issues and needing to be nearer family or is purely down to numbers?

    Any insight would be much appreciated

    Start your own thread posting here on someone else's just confuses things
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    scottleam wrote: »
    I am a single person living in a 2 bedroom HA property. I want to move to another 2 bedroom HA property to be nearer my family due to health/support issues. Will I be allowed the extra bedroom?
    I'm a bit confused because I already live in a 2 bedroom property as a single person and have never had any problems.
    Does it only affect you if you are claiming benefits? If I am working and paying my own rent does that make a difference? Do they allow for special circumstances like health issues and needing to be nearer family or is purely down to numbers?
    If you're thinking of the "bedroom tax", then that is only for benefit claimants.
    Whether the HA themselves will agree to the exchange is a separate question, and only they can answer it.
  • Peploes
    Peploes Posts: 3 Newbie
    First Post
    How did this end up?
    Am in a similar position myself, as far as I understand if they do not give or deny consent within the 42 days they are no longer allowed to deny consent for any of the only legal reasons they could have denied it for as stated in Housing Act 1985 s92 schedule 3 
    what was your outcome DavidM?
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