Council housing

Alleycat

Hi,

1) No, the council cannot hold the fact that you don't want to/are unable to buy a property and if they did, they would be breaking the law.

2) Please can you just confirm if you have been issued with a formal Section 184 decision letter from the council. If you are unsure, can you type some of it so we can be sure.

3) Re the holiday let, was this something the council would source for you as temporary accommodation? If he was suggesting it for you to find, then they have no come back against you if you refuse this as it is not interim accommodation as defined by the Housing Act S.188 (interim duty) or S.193. (full duty)

4) Re storage. Whilst you would be expected to contribute to the cost, if you are unable to organise storage for your possessions, the council would have a duty under S.211 (protection of property of homeless persons....) to secure that it is available for your use.

5) Whilst this is the last point, it is probably the most important! Please be very careful about leaving your current accommodation prior to your landlord applying to court for possession regardless of what this homeless officer has said. Unless they have provided you with this in writing, DO NOT LEAVE!! You could find that they delay making a decision and then issue you with an intentional decision.

squinty

Hello Again.

Using same numbering system as Alleycat

1. Slightly different perspective from Alleycat on the first point about buying a property. There are 2 potential issues:

Firstly, there is an issue of intentionality - if you have the means to secure alternative accommodation and you chose not to do this the council may decide that you have failed to do something that may have prevented your homlessness. They may then conclude you are 'intentionally homeless'

Secondly, if you are accepted as homeless there are a number of ways that the council can discharge its duty to secure accommodation, these are -a. Securing Accommodation provided by them (council housing) - b. Securing suitable acommodation from another person (either Housing Association or Private Sector or hostel etc), or - c. 'By giving advice and assistance as will enable the applicant to secure that suitable accommodation is available from another person" (this would include advice on options on purchasing, shared ownership etc). (s.206(1((c))

2. It does seem unlikley that you have been issued with a formal decision letter from the council. Any decsion must be in writing, and give reasons for the councils decsion. Importantly, such a letter must also give you information on how to appeal.

3. I agree with Alleycat, but again from a different perspective. At this stage it does not not look like the council are treating you as someone who is homeless, but someone who is potentially homeless. This means that they are able to look at a range of options that may prevent you becoming homeless.

You also mention that a holday let may eat into your savings. the reality is that any solution is going to cost money and you will be expected to pay some or all of the costs, this includes hostels. b&b etc.

4. Agree with Alleycat

5. Excellent advice - this is very, very important. If you are not sure if you have the right letter them post some of the text here.

I hope this is useful. I'm sorry its more pessimistic than Alleycats response,

Good luck

WYBMADIITY_2

Hi Wendy

You have my number, please call me. I think I may be able to help.

Kind regards

Wyb