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    • evergreen
    • By evergreen 15th May 19, 9:32 AM
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    evergreen
    Have to leave flat and on housing benefit
    • #1
    • 15th May 19, 9:32 AM
    Have to leave flat and on housing benefit 15th May 19 at 9:32 AM
    A pensioner friend of mine in 66 and her landlord has given her notice as he needs to move into the flat. She is on full housing benefit as she only has her state pension. However she can't find anywhere to rent for what the council says they will pay. She can't get a council place as she is not disabled. What can she do, what is the maximum council will pay as they are saying 350 which seems very low for trying to rent a one bedroom flat in the south. Would appreciate any advice. Thanks
Page 1
    • Comms69
    • By Comms69 15th May 19, 9:38 AM
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    Comms69
    • #2
    • 15th May 19, 9:38 AM
    • #2
    • 15th May 19, 9:38 AM
    She doesn't have to leave. So let's just get that straight.


    If she wants council help she needs to stay put and be legally evicted.
    • PasturesNew
    • By PasturesNew 15th May 19, 9:41 AM
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    PasturesNew
    • #3
    • 15th May 19, 9:41 AM
    • #3
    • 15th May 19, 9:41 AM
    350 seems an unlikely figure, based on her age.

    At 35+ the rate increases from shared house rate to 1-bed rate - 350 sounds more like shared house rate.

    Check her figures.

    If Old Age Pension is all she gets, she'd be entitled to a top up called something like Minimum Income Guarantee, for pensioners who are solely reliant on the state pension. Check her figures.
    • sheramber
    • By sheramber 15th May 19, 11:06 AM
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    sheramber
    • #4
    • 15th May 19, 11:06 AM
    • #4
    • 15th May 19, 11:06 AM
    You can check the local allowance here

    https://lha-direct.voa.gov.uk/search.aspx
    • calcotti
    • By calcotti 15th May 19, 11:39 AM
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    calcotti
    • #5
    • 15th May 19, 11:39 AM
    • #5
    • 15th May 19, 11:39 AM
    If Old Age Pension is all she gets, she'd be entitled to a top up called something like Minimum Income Guarantee, for pensioners who are solely reliant on the state pension.
    Originally posted by PasturesNew
    She may be entitled to Pension Credit if her pension income is less than 167.25/week. See https://www.gov.uk/pension-credit

    As indicated by sheramber she can check the Local Housing Allowance for her postcode on the link sheramber provided. The applicable rate will be the one bedroom rate.

    If she is at risk of being homeless the local authority will have to assist her - but of course this may mean temporary accommodation rather than a permanent home.
    Last edited by calcotti; 15-05-2019 at 11:41 AM.
    • MEM62
    • By MEM62 15th May 19, 12:40 PM
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    MEM62
    • #6
    • 15th May 19, 12:40 PM
    • #6
    • 15th May 19, 12:40 PM
    If she wants council help she needs to stay put and be legally evicted.
    Originally posted by Comms69
    Yep, that's the way the system works. It's also why many landlords don't want to accept tenants on HB. My friend's FG just went through a similar process - very stressful for her and expensive for her landlord.
    • Comms69
    • By Comms69 15th May 19, 1:46 PM
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    Comms69
    • #7
    • 15th May 19, 1:46 PM
    • #7
    • 15th May 19, 1:46 PM
    Yep, that's the way the system works. It's also why many landlords don't want to accept tenants on HB. My friend's FG just went through a similar process - very stressful for her and expensive for her landlord.
    Originally posted by MEM62


    To be honest it's part of running a business and a LL should be prepared for this.


    The fact is that until legally evicted the tenant isn't homeless. So the council doesn't need to help. Whilst we can argue they should (I agree) there are plenty of people homeless today that need help now
    • MEM62
    • By MEM62 15th May 19, 3:11 PM
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    MEM62
    • #8
    • 15th May 19, 3:11 PM
    • #8
    • 15th May 19, 3:11 PM
    To be honest it's part of running a business and a LL should be prepared for this.
    Originally posted by Comms69
    Really? In what other business are you required to go to the inconvenience and cost of litigation and sending in bailiffs to end a contract? It's not part of business at all. It is policy adopted by desperate councils who's resources and housing stock have been depleted over decades and are a breaking point.
    • Comms69
    • By Comms69 15th May 19, 3:30 PM
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    Comms69
    • #9
    • 15th May 19, 3:30 PM
    • #9
    • 15th May 19, 3:30 PM
    Really? In what other business are you required to go to the inconvenience and cost of litigation and sending in bailiffs to end a contract? It's not part of business at all. It is policy adopted by desperate councils who's resources and housing stock have been depleted over decades and are a breaking point.
    Originally posted by MEM62


    No no. pause.


    99.9% of businesses are covered by legislation.


    Want to drive a taxi - get the correct licence.


    Want to serve food - get food standards and hygiene certificates.


    Want to be a gas engineer - get registered.


    You aren't forced to be a landlord and if you choose to be one, you abide by the law. The law states that a tenancy can only be ended by a tenant or by a court. So yes it's absolutely part of the business.


    Any tenant, whether awaiting council help or not, is perfectly entitled to stay until lawfully evicted.
    • MovingForwards
    • By MovingForwards 15th May 19, 3:33 PM
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    MovingForwards
    Due to your friends age they can apply to the council and housing associations for a property designed for over the 55's.

    Best off getting the ball rolling sooner than later!
    • xylophone
    • By xylophone 15th May 19, 4:49 PM
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    xylophone
    She can't get a council place as she is not disabled.
    Has she asked the council/local housing association/local almshouse type properties whether she would qualify for any housing scheme for the retired?

    Has she looked into whether she qualifies for pension credit? A leaflet was dropped in with the post in my area today asking whether occupants qualify so I am assuming that the DWP is "on a mission" looking for candidates...

    https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs48_pension_credit_fcs.pdf
    • Afraid of Kittens
    • By Afraid of Kittens 16th May 19, 5:48 PM
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    Afraid of Kittens
    She doesn't have to leave. So let's just get that straight.


    If she wants council help she needs to stay put and be legally evicted.
    Originally posted by Comms69
    My last local authority refuses to help people who do this. We classed them as intentionally homeless as they failed to find alternative accomodation. Especially if they refused to pay their rent during the eviction process.
    I enjoy flower arranging, kittens, devil worship, the study of serial killers and their methods and road kill jigsaws.
    • Crazydennie
    • By Crazydennie 16th May 19, 6:20 PM
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    Crazydennie
    My last local authority refuses to help people who do this. We classed them as intentionally homeless as they failed to find alternative accommodation. Especially if they refused to pay their rent during the eviction process.
    Originally posted by Afraid of Kittens
    When I was in this position the council advised to apply for housing and gave me points for insecure accommodation so I had a better chance of getting a property but also advised that I wasn't to leave the property until evicted as I would be classed as intentionally homeless and to keep paying my rent.

    I think they need to check with their local council what their local housing policy is.
    I'm Ever hopeful!
    • elsien
    • By elsien 16th May 19, 6:31 PM
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    elsien
    Being evicted and made homeless doesn't guarantee the council will help unless there are children or vulnerable adults involved. The OPs friend isn't disabled, and give it a few years and she'd be below pension age at 66.
    She needs to be more proactive with the over 55s housing, as already suggested. Is her name on the council/housing association list? If not, she should put herself down even if they can't offer anything at present.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • tomtom256
    • By tomtom256 17th May 19, 6:38 AM
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    tomtom256
    She doesn't have to leave. So let's just get that straight.


    If she wants council help she needs to stay put and be legally evicted.
    Originally posted by Comms69
    OP states notice has been served, so presumably they are being legally evicted.

    Have they approached the local homlessness team regarding becoming homeless as they have a duty to assist?
    • poppy12345
    • By poppy12345 17th May 19, 6:48 AM
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    poppy12345

    Have they approached the local homlessness team regarding becoming homeless as they have a duty to assist?
    Originally posted by tomtom256
    She's not homeless yet and they won't do anything until she is. Even then unless she's priority they most likely won't help.


    Privately renting maybe the only option here.
    • Comms69
    • By Comms69 17th May 19, 8:09 AM
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    Comms69
    My last local authority refuses to help people who do this. We classed them as intentionally homeless as they failed to find alternative accomodation. Especially if they refused to pay their rent during the eviction process.
    Originally posted by Afraid of Kittens


    No that is not what happened.


    You are totally incorrect.


    (clearly you didn't work in the housing dept)


    Intentionally homeless, because of rent arrears is quite common. But every single council in the country has this policy. You cannot be intentionally homeless if you are evicted under s.21
    • Comms69
    • By Comms69 17th May 19, 8:11 AM
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    Comms69
    OP states notice has been served, so presumably they are being legally evicted.

    Have they approached the local homlessness team regarding becoming homeless as they have a duty to assist?
    Originally posted by tomtom256


    Legal eviction takes 6-9 months.


    notice is step 1 in about 6-7 different steps.
    • MEM62
    • By MEM62 17th May 19, 8:45 AM
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    MEM62
    No no. pause.


    99.9% of businesses are covered by legislation.


    Want to drive a taxi - get the correct licence.


    Want to serve food - get food standards and hygiene certificates.


    Want to be a gas engineer - get registered.


    You aren't forced to be a landlord and if you choose to be one, you abide by the law. The law states that a tenancy can only be ended by a tenant or by a court. So yes it's absolutely part of the business.


    Any tenant, whether awaiting council help or not, is perfectly entitled to stay until lawfully evicted.
    Originally posted by Comms69
    Based on your own summary my point still stands. It is not part of running a business. In general business is not required to litigate to terminate a contract. This is specific to this scenario and almost exclusively involves tenants on HB. It not desirable for either tenant or landlord.
    • Comms69
    • By Comms69 17th May 19, 9:03 AM
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    Comms69
    Based on your own summary my point still stands. It is not part of running a business. In general business is not required to litigate to terminate a contract. This is specific to this scenario and almost exclusively involves tenants on HB. It not desirable for either tenant or landlord.
    Originally posted by MEM62


    That's slightly pedantic, but ok it's "part of running a business letting property."
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