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We are being evicted, some advice please...... the date has arrived......

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  • I don't really have any useful advice to give but I did spend 6 months in a hostel when I was made homeless & if you get put in the right one it's not as bad as they're made out to be.

    I had my own room & had a great bunch of people for neighbours, I was almost sad to leave the place when it came time for me to move out.
    Winnings :D
    01/12/07 Baileys Cocktail Shaker

    My other signature is in English.
  • I see what you're saying but in the eyes of the council you will be being picky. I don't want to come across in the wrong way but the only thing the council will do is find you a roof over your head for the time being and then put you on the list for what you actually need. Going ing to the council expecting them to find you the perfect house right away won't happen as there tonnes of people on the list who will be in the same boat as you but not enough housing to go around. We've been in a housing association house since Oct 05 and we were very very lucky. We weren't anywhere near the top of the list but the family they offered this house to declined it so they gave it to us and we snapped it up.
    Right now, just get a roof over your head. The last thing you want it to be properly homeless with young children because the accomodation the council offered didn't have x number of bedrooms/a garage/garden etc etc.. (That was an example btw and not based on your situation).
    Total 'Failed Business' Debt £29,043
    Que sera, sera. <3
  • silvercar
    silvercar Posts: 49,581 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    If you live more than 2 miles (3 miles for children over the age of 7) from your nearest suitable school with places, you are entitled to council arranged transport to school. I see quite a few children round here (also Hertfordshire) being taken to school in taxis.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • I'm sorry I can't offer any advice or help. I just wanted to wish blue_monkey the very best of luck and say that you sound like an incredibly resilient woman.
    :p I'm the only gay in this forum :p
    *Everybody wants prosthetic foreheads on their real heads*
  • pinkshoes
    pinkshoes Posts: 20,557 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think you're limiting yourself by wanting to stay in the same area, and I'm sure if you open up the boundaries, you'd be found something much more suitable than emergency accomodation.

    You said your son starts school full time in september, so perhaps this would give you the chance to work full time, pay off debts, then look for alternative accomodation in your chosen area? It's only 9 months until then!

    I think you need to decide which is more important - staying in the area, or a more suitable council property, as it seems that having both is perhaps impossible!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    Immoral Angel - no you did not read right and you have it wrong - I have asked for these things 'to betaken into consideration' because my son has medical needs, this is something the council take into consideration and this is why you get medical points. I already have my stuff packed because I know we are more than likely going into a hostel but at the same time the council have told me I need to make sure that they [the council] know my needs. A doctor is due in next week and they will let me know then how many medical points I have. They have also not given me the correct number of points as per their website, we have 73, we should have 98, they are housing people (that is not in emergency accomodation) that have 120.

    However, the is that we have get us the correct number of points to be housed and they need to be told about the problems we have with our son to be able to get those points (we need just 25 Medical Points to go be housed). All I am asking is whather I have, to date, done the correct things to make sure the council are aware of our situation as it stands. MOT was given lots of advice on who to write to, the things to point out (such as not being able to pay the rent because of Depression) this is all that I am asking. Have I done the right things so far to make sure our points are correct? I am not asking for a 3 bedroom house with a double garage and a garden of an acre tomorrow, in fact I do not care where we go as when my son IS diagnosed the chances are that we will end up having to move again so he gets his needs accomodated. If they know what we need in advance and the doctor can verify this and then that avoids us having to move again as we can challenge the place we are given if it is not suitable for his needs. unfortunately everything takes time. i am not going to refuse the place they offer us, however, I will chalenge it if long term it is unsuitable and I hope by then I will have the medical profession to back me up.

    I am not being picky over local private lettings and I am looking for anything 2 bed upwards in this area, there are 4 available at the moment, all out of our price range I agree as the LA tells us we have to have a take home pay of 2.5-3 times the rent and we don't have this, we don't even have 2 times take home pay to cover the rent. Even the woman from the council said that would mean an executive wage when I told her! But I have considered them and called the agents to be told 'don't waste your money on the searches' so I am doing all I can - or should say trying all I can. This was yesterday I was told as well as in previous weeks' I have not even bothered ringing places like Mullucks as I know we won't stand a chance with them.

    I am just asking to make sure I have done all I can, anything else was just an explaination of our circumstances, if I was sure about being picky then I would not hbe half packed already, the kids are playing with their toys out of cardboard boxes already, the lids are ready to be sealed so we can go. I know what the score is - however, IF we get issued the correct number of points as we should have (and they have already proved they are not giving us the correct number) then we will be eligable for housing before the S21 runs out so that side is irrelevant. If after the medical points have been awarded we have not been dealt with in the correct way then we still have 6-8 weeks to speak to someone from the legal side to get it dealt with before the bailiffs come in, however, why waste peoples time until we have confirmation of what we have been given as they might just give us what we are due and we get an offer in 2 weeks time anyway before the S21 runs out.

    Here is the reply from Shelter from a few months back when I found out we was being evicted and how I addressed my son's needs so we have this information to fall back on if I do not get issued the correct number of points. I have asked the council to clarify in writing what we have been awarded.



    Thanks for your enquiry. I'm sorry to hear about the problems you are having at the moment.

    I can give you some initial advice about your rights in this situation but it would be a good idea to speak to a local adviser who could look at your circumstances in more detail.

    Local council don't always do what the regulations say they should so you may benefit from someone to help you deal with them.

    We can only give general advice and cannot contact offer on-going support so at the end of this email I will give you details of where you can look to find further help and support.

    Unfortunately demand for temporary council accommodation for homeless people is very high all over the UK and the council realistically are limited to what they can offer by what they actually have available.

    You can read our general advice on temporary accommodation from the council here:

    http://england.shelter.org.uk/advice/advice-5732.cfm

    However any accommodation the council offer must be suitable for you and your family.

    In the council offer you somewhere that you think is unsuitable you may be able to challenge its suitability and try to get them to offer you somewhere else.

    When considering what is suitable accommodation the government regulations state that the council has to consider what it is suitable for you and the people who normally live with you.

    The council has to take a number of things into account when it decides whether the accommodation is suitable:

    how much rent you can afford to pay

    the condition of the accommodation

    whether it is the right size for your household

    where the accommodation is

    any health needs you and your family may have

    social factors (such as whether you need to be close to support services, family or special schools)

    It can be difficult to get the council to offer alternative accommodation. An adviser can look into whether you have a chance of getting the council to offer you something else.

    You can read about what to do if the council offers you unsuitable accommodation, here:

    http://england.shelter.org.uk/advice/advice-6303.cfm

    And about the different ways you may be able to challenge the council's decisions, here:

    http://england.shelter.org.uk/advice/advice-163.cfm

    We would strongly recommend you do not turn any offers down before you speak to someone about your options.

    If you turn an offer down the council may not have a duty to offer you anywhere else and there is a realistic possibility you would be evicted from where you are with nowhere else to go.

    Councils don't always do what the law say they should and dealing with them can sometimes be difficult so as I mentioned earlier I recommend you get someone in your area to help you deal with them.

    An adviser in your area should be able to help deal with the council. They can advise you on more complicated problems, make sure the council deal with you correctly and help you challenge any decisions the council make that may be wrong.

    You can use our directory to find details of your nearest Shelter centre, law centre, Citizens Advice Bureau and other local advice services, here:

    http://england.shelter.org.uk/advice/advice-1005.cfm

    A solicitor who specialises in housing problems should also be able to help. Don't worry if you can't afford to pay for a solicitor, many advice services are free and if you are on a low income or receiving benefits then you may be able to get assistance through legal aid.

    You can find details of local housing solicitors on the Community Legal Advice website here:

    http://www.clsdirect.org.uk/en/directory/directorysearch.jsp

    Community Legal Advice also run a national helpline that can offer expert advice and support on housing rights and problems for people who qualify for legal aid. You could call them on 0845 345 4 345.

    I hope this is information is useful to you.

    Kxxxxxx

    Shelter's email advice team
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    Pink shoes, I already have my own business, one that has to close. the local area is not that big, if we move out of this area 10 miles each way (we are kind of slap bang in the middle) we move to a different Council and will not get anything from them.

    The other thing is that the council have an obligation to address my families needs and one of these needs is that he has a teaching assisant in a local school so he needs to attend this school else he will lose it. I also have a support system here of people who know how to help with my son's needs (be this the school and friends) so there is an obligation to keep us in this area too (by area I am talking a 40 miles radius) and shelter have confirmed this.

    I will not move right into the two main towns of the county (although they are a way away so not practical for getting to and from school for my son/daughter anyway) because I was in a very violent relationship and the whole of his family and friends live there and they are all nutters (yes, I know, don't ask, because it was all my fault I used to get pounded daily! Apparently they did not think I should have left him and have made my life hell with stalking me and the like, I don't even visit the towns as I am scared for my saftey when there) the council already have this on the application form and police have records, yes I guess it limits my choices but I already had them try to burn my house down once while sleeping in bed, I won't risk it again now I have a family I have to rescue too so I prefer staying out in the stick or on the other side of the county where people leave us alone. such is life and all that.

    But other than that I am not being picky at all, I just want to make sure I have done everything right as I should to date to get the right points awarded.
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    I should have added that when my son goes to school I am hoping to be able to get my business back on track, I can't leave my son with anyone, really, you don't understand how much of my life he dictates, so I prefer having my own business, I work in the evenings when he is in bed and if it is school holidays I don't have to work during the say (I cram as much in when he is at school) and if I get called to the school to get him I am here but I hope to be able to work out of the storage unit I have been offered when he goes FT (and am waiting to be emptied as we speak so I can move in).

    I guess until you are in my situation you won;t understand how hard it is. I don't get to do anything, I can't go shopping, to town, to the supermarket, I have to be here with him 24 hours a day 7 days a week, the furthest I get from him is being him upstairs with hubby while I am downstairs. If he wakes at night he will scream and shake uncontrollably until I get there yet at the same time I have to suffer violence from him during the day (headbutting, biting, ramming his scooter into me) and he needs my constant attention else has a strop if he does not get it, he throws things at me and the like, while I type this mail he sits on my arm by the laptop as he does not like being ignored and he kicks the laptop or the mouse (it belongs to my business, I figured I can replace it out of company money, I've been working flat out to get enough money to cover cost such as storage, etc... for a year so i can close for that time as I figured we could be in a hostel for that amount of time). I could go on but many people would not understand, working full time for an employer is not an option for me I have to be here if he needs me and I could not offer 100% commitment on a job. The debts will be paid, albeit slowly, but I did not ask for my son to be this way, it was nothing I have done to him, he was not breathing at birth, but he is my son I would do for him what I have to and if that means having no life then so be it. I guess until you are in that situation you cannot say, anyway, enough else I'll cry. I'll catch up on the mail later. Thanks for the help.
  • I apologise if I'm reading it wrong, and I'm not great at explaining things sometimes (2 children under 3 has ruined my brain!! lol). From what I can see so far you have done everything right... just keep on at the council... we had to keep nagging our HA for ages and only when they realised that they hadn't got our daughter to move WITH us and changed it were we offered a house.. *rolls eyes* so to say they're generally incompetant is being kind...
    I just hope you managed to find something soon...
    Total 'Failed Business' Debt £29,043
    Que sera, sera. <3
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    Oh sorry, I wanted to clarify because I realise I did not make it clear, I am using 'area' as a term I guess and I think i realise you think i mean area as to being this village.

    What I actually meant by area was not this village but a 40 mile radius with the exception of the 2 of the 3 main towns (reasons above for this but the surrounding areas are fine, just not in the towns where I could end up with these people for neighbours) and because we are probably right in the middle I have been looking out to each area to the boundary where the council boundary stops. This is why I did not mind travelling to and from school as it was my choice to keep the support (I am also applying to the LEA about getting my son statemented when we actually move because I do appreciate we might end up too far from the school and he does need the support and it was not worth it until then as, for now, he does have the support). See, I wasn't being that fussy, I promise. :)
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