A. Hiya Yasmin

There is no entitlement as such despite your overcrowding. The current statutory overcrowding law in Part 10 Housing Act 1985 comes from Housing Act 1935 and has never been changed!!!

The law also looks at "habitable rooms" not just bedrooms and only considers overcrowding if there are people of a different sex!

Ask your existing landlord and/or the local council how much priority you would get on the Choice Based Lettings scheme locally.

Good luck

Richard Paris

A. Hiya

I am afraid I cannot answer your question as it depends how many other people have higher or same priority as you do in Havering? Unfortunately you may wait some considerable time!

Ask Havering how long you might have to wait - they are required legally to give you some idea.

Good luck

Richard Paris

A. Hiya

Good that you are getting advice from Shelter. I assume the house you are renting is being repossessed because your landlord/lady has not paid the mortgage to the bank/building society rather than because of anything you have failed to do (like paying the rent)?

The council has duties towards you under Part 7 Housing Act 1996 when you become "threatened with homelessness". Assuming the bailiff is due in 2 weeks time, as you state, then you are already "threatened with homelessness".

The council should be actively seeking accommodation for you and your children with your support and I am worried that you suggest things are "stagnating"!

Any accommodation they do provide for you and your children has to be "suitable" - ask Shelter about the case law on what "suitable" means.

What you do not want is to be placed in inappropriate and "unsuitable" accommodation at the last minute! Get a letter from your daughter's school/GP and maybe any support worker saying that her condition makes some kinds of accommodation "unsuitable".

Good luck

Richard Paris

A. Hiya David

As you son has mental health problems you should get s.167 Housing Act 1996 "reasonable preference" priority from the local authority where you live for consideration on their Choice Based Lettings/waiting list system BUT

You need to ask them how their system works and how much priority you will get? You may get extra priority depending on the security of tenure you currently have. Generally people should try and get maximum priority - highest banding to be able to "bid" successfully for any empty council/housing association property in their area.

This will all change when s.150 Localism Act 2011 comes into forces when councils will be able to decide their own "eligibility" criteria for their own housing.

Ask your local council for a copy of their allocation policy - they must have one and it is free. Also check with your local housing advice centre and/or CAB

Good luck

Richard Paris

A. Hiya

I am afraid I cannot answer your question without knowing what kind of landlord you have - private or public. The rules for private landlords restrict the number of bedrooms and Housing Benefit is called Local Housing Allowance.

The rules for social landlords (councils and housing associations) are different at the present and it is called Housing Benefit.

I suggest you ask the benefit expert at onlymums and/or your local council and/or CAB

Good luck

Richard Paris

A. Hi

No I don't know how long it will take - what tenure are you in - living with parent/s, renting privately, renting from social landlord, owner occupier?

Go to your local council/local authority and ask them - they are legally required to tell you how long you might wait for a social housing tenancy.

Good luck

Richard Paris

A. Hiya

I am sorry about your situation - it sounds dreadful!! If it is your son who is causing the anti-social behaviour and he is still at school, what is the education department/children services doing to address his behaviour needs?

A Family Intervention Project might be able to help - see if there is one operating in Brent or nearby.

Social services should be supporting you with the care of your son and also helping you with your own condition by working in partnership with the health agencies.

Moving home will not of itself necessarily help your situation - but you will need a lot of support and advocacy help from a support worker - have you got one and,if not, why not?

Good luck

Richard Paris

A. Hiya

It depends on the housing association's policies - they might let you down-size but they would ask you why you want to this when you have 2 children? The rent would probably be cheaper or maybe it's the location - ask and see what they say?


Good luck

Richard Paris

A. Hiya

You really need to look inside the property to get a real idea about the size of rooms. I also always thought a maisonette would be on 2 floors - ask the housing association why it is described as a maisonette if it isn't?

Sadly there are virtually no building regulations about the size of rooms, whether they be a kitchen or bedrooms. The old Parker-Morris minimum size standards were abolished were abolished in the eighties.

You are really stuck because I suspect if you turn down this home it MIGHT prejudice your chance of getting another 2/3 bedroom. See if this one is better than your current home by looking inside (you cannot really make a decision without seeing inside). Ask the housing association lots of questions before signing anything. Also check the rent level!

Good luck

Richard Paris

A. Hiya

I am sorry to hear of your situation - sounds very bad! Do you have a support worker who can be your advocate - a mental health worker, psychiatric support worker on similar? Do you or does your 3 year old have a social worker?

I do not understand why the council/town where your child's father lives says it is not accepting applications until May/June - this is UNLAWFUL!

You could try making a homeless application to the council/town where your child's father lives by arguing "it is unreasonable for you to continue to occupy your current accommodation for fear of violence or threats of violence". There was a legal case in 2011 involving LB Hounslow-v-Yemshaw where the Supreme Court held that "violence and threats of violence" should be interpreted to include "abuse" in a broad sense.

BUT you should see a good local face-to-face advocate before you try this option - like your support worker and/or local CAB and/or Shelter.

Good luck

Richard Paris

A. Hiya Nicky

I am afraid the advice you have received sounds WRONG. The statutory overcrowding law is in Part 10 Housing Act 1985 and has not changed since 1935!! This law counts the habitable rooms in your home not just the number of bedrooms depending on their size. It is true that children over 10 years of age of opposite sexes count as a whole person (between the ages of 1-10 they only count as half-person, meaning they could share BUT

The law allows the living room, dining room and possibly even the kitchen to count as a "habitable room"

So Waltham Forest must give you "reasonable preference" which they have but how much "reasonable preference" depends on their scheme. Find out what Band you are in and check it is correct.

Bid as much as you can and may try for a mutual exchange. In October 2011 the government started a national mutual exchange scheme called HomeSwap Direct - see if there is anyone who wants to "down-size2 to a smaller home like yours?

Good luck

Richard Paris

A. Hiya Nicky

I am afraid the advice you have received sounds WRONG. The statutory overcrowding law is in Part 10 Housing Act 1985 and has not changed since 1935!! This law counts the habitable rooms in your home not just the number of bedrooms depending on their size. It is true that children over 10 years of age of opposite sexes count as a whole person (between the ages of 1-10 they only count as half-person, meaning they could share BUT

The law allows the living room, dining room and possibly even the kitchen to count as a "habitable room"

So Waltham Forest must give you "reasonable preference" which they have but how much "reasonable preference" depends on their scheme. Find out what Band you are in and check it is correct.

Bid as much as you can and may try for a mutual exchange. In October 2011 the government started a national mutual exchange scheme called HomeSwap Direct - see if there is anyone who wants to "down-size2 to a smaller home like yours?

Good luck

Richard Paris

A. Hiya

If you are a joint tenant of the local authority with your partner, she cannot evict you by a phone call, in fact she can't evict you without a court order.

You should seek urgent face-to-face legal advice from your local CAB and/or housing options and/or housing advice.

I believe from what you have said that she MAY have unlawfully evicted you and, if necessary, you could get an OCCUPATION order from the local county court under the Family Law Act 1996 to compel her to allow you to re-enter. However if she continues to have your child living with her, she also might seek an occupation order in her own right.

You also should be allowed to collect the personal possessions that are yours otherwise she COULD be guilty of theft.

Get some urgent local legal advice - good luck

Richard Paris

A. Hiya

Firstly your housing association should be doing more about your disruptive neighbours - you don't say in what way "disruptive" but the government and TSA regulator expects social landlords to be pro-active in dealing with such neighbours! What have they tried so far?

Secondly despite CCC policy on pregnant woman with first child needs/entitled to 2 bedrooms I am not an expert on their Choice Based Lettings system. You should get some priority but whether this should be Band B and not Band D I wouldn't know. It is not unknown for councils to make mistakes with their banding to check to make sure you have been accurately banded.

The wider the geographical area you will consider the greater the chances of your bid being successful BUT at the end of the day there are more people chasing fewer empty homes than can all be rehoused.

Have you thought about trying for a mutual exchange - in October last year the government bengan a new scheme called HomeSwap Direct - check it out online.

Good luck

Richard Paris

A. Hiya

Sorry the complexities of Housing Benefit not really my thing - but I believe onlymums has a benefit expert who may be able to assist. Otherwise try local CAB

Good luck

A. Hiya

Does your daughter live with you permanently? If so you should be classified as statutorily homeless (hopefully eligible as long as you are not caught by immigration control) and in priority need.

If all these things are true, then the local council MUST provide you both with interim or temporary accommodation whilst they look at "intentionality" (did you do deliberately do something or fail to do something that led to your homelessness and whether or not you have a local connection.

I suggest you need some immediate face-to-face advice from the local CAB and/or housing advice.

If your daughter doesn't live with you permanently, then unless you are found to be "vulnerable" then the council only has to provide you with "appropriate advice and assistance" BUT that should still mean "signposting" you towards your accommodation options.

Good luck

Richard Paris

A. Hiya

You don;t say whose name is on the tenancy - is it yours, his or joint? It makes a lot of difference to your options. If you are the sole tenant (as long as he is not your husband) he has no right to insist you leave the accommodation.

If, on the other hand, he is the tenant - your situation is more difficult. If you are both joint tenants, you both have the legal right to occupy the home BUT

He cannot 'threaten' you - it is a serious criminal offence and you could go to the Police.

You should seek immediate help from your local council's housing advice/housing options service who should be able to advise you about your options. You might also seek urgent face-to-face advice from your local CAB.

Good luck

Richard Paris

A. Hiya

You need urgent face-to-face advice from your local CAB and/or Shelter and/or housing advice. Your maternity pay probably is low enough that you should qualify for tax credits. maybe partial Housing Benefit/Local Housing Allowance and 25% off your Council tax.

I suggest you need to try and get this sorted ASAP - at least before Christmas.

Good luck

Richard Paris

A. Hiya Mary Davies

I don't know the Hillingdon Choice Based Lettings system or what Band B or Band C mean? Each Choice Based Lettings system is different BUT I would have thought the arrival of your new baby would have changed your priority?

Ask the Housing people why having another child hasn't changed your priority? You MAY have the right to appeal your Banding - ask them about that as well.

Unfortunately the Housing Act overcrowding standard (Part 10 Housing Act 1985) doesn't count children under 12 months, children between 1-10 count as half-a-child but if they are the same sex (like your twins) then the law says they can share AND the law counts 'habitable' rooms not just bedrooms.

So (crazy though this seems) your twins could sleep in the living room, the baby doesn't count yet and you can sleep in the bedroom with your partner! Sorry.

Seek face-to-face advice from your local CAB. Good luck

Richard Paris



-----------------------------------------------------------

A. Hiya Andrea

I would really like to know which housing association is your landlord?

Don't worry - you have the best security of tenure for a housing association tenant as an assured non-shorthold tenant. They can ask you to downsize BUT cannot insist. The only ground for possession they might try and use is Ground 9 Schedule 2 Housing Act 1988 BUT they would have to convince the court is was 'reasonable' to dispossess you and would have to offer alternative suitable accommodation. They would normally only use this ground if they were going to demolish your home.

There is NO case law of any housing association ever trying to use this ground for possession for downsizing and I am convinced they would lose at court. I suspect your housing association would also be in breach of the Tenant Services Authority standard on Tenancy.

Ask them why they want to visit you? You don't have to agree to let them in unless they want access to inspect and/or repair your home. If you feel 'pressured' tell them and say you have the common law right to 'quiet enjoyment' of your home - which you do! They may want to profile you and your home BUT it is your HOME.

Yes if you were being considered afresh for a new home you would probably only get a one-bedroom - but you already have a three-bedroom and are NOT being considered afresh. If you are interested in downsizing to a two-bedroom - the real question is how much do they want your three-bedroom? If they are desperate for a three-bedroom and you want a two-bedroom, then you have the upper hand!

Good luck

Richard Paris

A. Hiya

You can ask the housing association if they will agree to your sole tenancy being turned into a joint tenancy - but I think it is unlikely they will agree. If they say NO ask why not? They don't have to agree to such a conversion but if you are in a relationship with your friend, then they might or it could constitute discrimination?

Otherwise it is your flat, I guess you have security of tenure and your friend would just be your lodger.

Good luck

Richard Paris

A. Hiya

I am not sure what kind of tenancy you have - is an assured shorthold or 'starter' tenancy or is it an assured non-shorthold tenancy?

If it is the first then they could ask you to move to downsize to a smaller home BUT why would they as long as you pay your rent and don't cause serious ASB or breach the tenancy in some other way.?

If you have an assured non-shorthold tenancy with good security of tenure they is almost no way they can force you to downsize (unless you do something seriously wrong as above)

Don't worry - I think it is very very unlikely they can force you to downsize - they might try to incentivise a downsize but that is entirely voluntary.

Ask your housing association's tenant/resident association and/or scrutiny panel what the housing association policy is?

Good luck

Richard Paris

A. Hiya

Your situation is very complicated - difficult to give a comprehensive answer BUT here's a try!

If the council have admitted they made a wrong intentionality decision, they have to re-visit their original s.184 Housing Act 1996 in writing decision (which you have a copy of?) and amend it to 'not intentionally homeless'. Then your only problem MIGHT be a 'no local connection' argument (unlikely) SO

You should get a positive s.184 decision letter and advice and assistance about how the council's allocation system works (it is probably a Choice Based Lettings system). As statutorily homeless, with a 7 year old daughter and in temporary accommodation - you should get a high priority through their allocations system and they should be advising you on how long it might be before you get permanent accommodation and/or how to 'bid' for permanent accommodation.

What I don't understand is how you are in bed and breakfast (B&B) - it has been UNLAWFUL for council's to use B&B as temporary accommodation for homeless households with children since 2003! They can only use such accommodation in an emergency (when there is nowhere else) and then for no longer than 6 weeks!

You need urgent face-to-face advice from the local CAB and/or Shelter and/or the law centre to advocate strongly on your behalf.

Finally you could probably sue them but a good advisor/solicitor would tell you it is very hard to successfully sue, you would probably lose and what do you want as an outcome anyway? The complications in trying to sue a council for failing it statutory duty are legendary.

If I was advising you I would suggest you get rehoused in permanent accommodation first and then maybe take out an official complaint against the council and maybe finally go to the Local Government Ombudsman.

Good luck

Richard Paris

A. Hiya

I know this sounds harsh but despite your seeming to be overcrowded, no-one is entitled to a 3 bedroom council house. You should get some priority on your council's transfer system for a move from a 2 bedroom to a 3 bedroom, but there maybe other families also in housing need like yours, or even worse.

Ask your council for a copy of their transfer policy to see how much priority you should get? They probably run some kind of Choice Based Lettings system - ask for that as well.

Good luck

Richard Paris

A. Hiya

Yes you can apply for a 4 bedroom property BUT bizarrely you are not statutorily overcrowded because the current Housing Act 1985 definition counts 'habitable' rooms not just bedrooms!

Also I suspect there a lots of families also living in cramped conditions like your in Birmingham who also want/need to move to a bigger home. However you should ask Birmingham for a copy of their transfer policy and Choice Based lettings system so you can see how much priority you would get for your particular housing need.

You might also try for a mutual exchange with someone who has a bigger home and who wants to down-size. They could be a council or housing association tenant. Ask Birmingham how to do this.

Good luck

Richard Paris

A. Hiya

I only have the information you have provided - so detailed advice is difficult BUT you should have access to some kind of support worker to help with your recent move and the distance from your daughter's school and your work.

If the council placed you in temporary accommodation it should have also made very clear how you could pay for the accommodation while you are waiting for benefits to be resolved.

I suggest you go to your local CAB / housing advice / law centre for some urgent face-to-face advice. Try and get them to advocate on your behalf and at least contact the DWP / tax credit part of HMRC / Housing Benefit / Local Housing Allowance etc to try and speed up your claims.

Also see if Children Services where you live can help with immediate money and your daughter's situation with regard to school.

Good luck

Richard Paris

A. Hiya Sabrina

You need good face-to-face advice as soon as possible. Go to your local CAB and/or law centre and/or any voluntary sector advice agency in your local area for advice and advocacy.

Your local council MUST give you appropriate advice and assistance with finding private sector accommodation and tell you how the rent can be paid.

Your local Children Services which maybe Social Services as well have to consider the best interests of your children - are they seriously going to take your children away without offering lots of support first?

Get good local advice ASAP

Good luck

Richard Paris

A. Hiya

Your situation seems desperate! I know it doesn't help but many people from OnlyMums have similar stories and despite trying to sort out their housing get stymied at every turn!

If your son HAD to leave your home he would be statutorily homeless BUT whether or not the council would find him 'vulnerable' is debatable. If they find him NOT to be vulnerable, all they have to do is offer advice and assistance.

Even if your son found a single room / 1 bedroom flat I wonder whether he could afford the rent as he would be caught by the single-room allowance cap at his age. Could he not share with friends or maybe take a room in a friend's flat or shared house - like lots of students do.

The same story is true for your 17 years old about to go to university.

Check with our local CAB and/or SHELTER and/or housing advice. There might be a housing project for young people in your area like a YMCA or Foyer.

Good luck

Richard Paris

A. Hiya

Sorry to be the bearer of bad news but I think it is very unlikely the local authority will give you another home big enough for you to have your children have their own bedroom as well.

Your wife still lives in the matrimonial home as one of the joint tenants (as long as she continues to pay the rent and abide by the tenancy) there is no need for anything to change but you will still be jointly liable with her for the rent and rest of tenancy.

If the children stay with her as their principal home, then you have no legal right to demand or expect the local authority to offer you another home. Sad though this maybe, the lead case is Holmes-Moorhouse-v-L.B.Richmond on Thames in House of Lords 4/2/2009 - despite the father having a shared residence order from the family court, his 4 children did not necessarily have to reside with him, could live with their mother & he could not claim priority need accordingly.

Depending on supply and demand it is possible the local authority might offer you a one-bedroom but is likely you would have to join their Choice Based Lettings scheme and may only get a low priority and will be bidding against others for empty dwellings.

See local advice from CAB and/or Housing Advice - sorry.

Good luck

Richard Paris

A. Hiya

Sorry your case seems to be dragging on - its really not good enough!!

Demand to see their current allocation policy (even if they are drafting a new one) as they MUST be operating a current "live" policy to enable them to undertake lettings and fill voids. Allocations policy is about how they decide on the priority of different applicants/transfers. The lettings policy might be the same thing or could be how they operationalize the allocations policy.

I suggest you write to their Chief Executive, Chair of the Board and give them 7-14 days to reply.

Escalate your complaint up through their official complaints procedure and do not let them "drag" their heels or fob you off. Be careful but you could also take your complaint to a local councillor, your local MP, the Tenant Services Authority (TSA) and even the Housing Ombudsman.

Also find out how your housing association is going to be running "Tenant Scrutiny Panels" from April 2012 and talk to them if you can.

Allocations is supposed to be "open and transparent" according to the TSA standards - it doesn't sound like this is your experience!

Good luck - stay in touch via OnlyMums

Richard Paris

A. Hiya

Sorry to be the bearer of bad news but I think it is very unlikely the local authority will give you another home big enough for you to have your children have their own bedroom as well.

Your wife still lives in the matrimonial home and if the children stay with her as their principal home, then you have no legal right to demand or expect the local authority to offer you another home. Sad though this maybe, the lead case is Holmes-Moorhouse-v-L.B.Richmond on Thames in House of Lords 4/2/2009 - despite the father having a shared residence order from the family court, his 4 children did not necessarily have to reside with him, could live with their mother & he could not claim priority need accordingly.

Depending on supply and demand it is possible the local authority might offer you a one-bedroom but is likely you would have to join their Choice Based Lettings scheme and may only get a low priority and will be bidding against others for empty dwellings.

See local advice from CAB and/or Housing Advice - sorry.

Good luck

Richard Paris

A. Hiya

The shortage of social housing means all councils and housing associations have to ration their empty stock in some way. Most use some kind of Choice Based Lettings system that is required to give some groups of people "reasonable preference". These groups are laid down in s.167 Housing Act 1996 (look it up on Google).

You should be getting some kind of preference because of your current housing situation and also how you ended up in your current flat. BUT only getting Band 3 medium priority means there must be people in higher Bands with higher priority who will succeed before you do for a 1/2 bedroom property. I would also get your GP to write supporting your request for more suitable accommodation.

Check with the council that you definitely have the correct Banding. Check with your local CAB and/or Housing Advice and/or Shelter.

Richard Paris

A. Hiya John

Very tricky situation!! Where is your wife and the children living? The danger is she might be advised to give the council a Notice to Quit - NTQ - (which you may not get a copy of) and if she does it will bring the whole joint tenancy to an end.

It won't matter if you pay the rent or get a shared residence order, if she does serve a NTQ properly your whole tenancy will come to an end. To protect yourself you need to ask the Housing Manager what they advise you should do and whether or not they are going to advise her to end the tenancy.

If you find out this has happened or maybe about to happen you need URGENT legal housing advice. The local county court has the power to make any such NTQ ineffective but ONLY if the application is made before any NTQ ends.

Ask your legal advisor (assuming you have one for the shared residence application) how you can do this and get this advice before you see the Housing Manager.

If you do become homeless you MAY end up in the private rented sector in a small 1 bedroom flat as you probably have few rights to demand a home big enough for you and your kids. See Holmes-Moorhouse-v-L.B.Richmond on Thames House of Lords 4/2/2009

Get good face-to-face local advice ASAP - good luck

Richard Paris

A. Hiya A

Congratulations on bidding for a one-bedroom - better than a bedsit I reckon.

Yes if you take an Origin Housing Association tenancy you will become an assured tenant and if they use 12 month start tenancies, then for the first 12 months what you will actually have is an assured shorthold tenancy. BUT assuming you have never been a 'problem tenant' and have always paid your rent and cause no anti-social behaviour, this should not be a problem.

Although you would have less security than a secure tenancy, a housing association assured tenancy is the next best thing. You would lose Right to Buy if you have such a right at the moment.

Check the rent level and Origin rents compared to other housing association rents and Camden rents (it might be higher).

If you want to keep a secure tenancy, then you need to confine your bidding to council properties BUT need to be quick. Next April (2012) because of the Localism Bill 2011 SOME councils will offer 2-5 year fixed term tenancies rather than 'life-time' tenancies - these will not have the security of tenure as current secure 'life-time' tenancies.

Your choice - good luck

Richard Paris

A. Hiya

Glad my previous reply proved of some use BUT even with the evidence and case law and Ombudsman, it is unfortunately true to say that some councils (not all) keep trying to avoid their legal responsibilities ("gatekeeping")

If the council runs a rental deposit scheme, it is probably for people like yourself who probably won't get the necessary points for accessing social housing. Under the Freedom of Information Act you can ask the questions you put below and they must answer them within 20 working days.

There is a recent Ombudsman case involving L.b.Hounslow who caused maladministration when they failed to help someone take up their own rent deposit scheme - read it on this link
www.lgo.org.uk/news/2011/oct/ombudsman-criticises-hounslow-council-treatment-homeless-woman/

Reference LGO 10019388 L.B. Hounslow 2011

Finally beware that doing the reading and research and making official complaints and involving the Ombudsman will NOT get you housed QUICKLY. Maybe concentrate on getting your own housing sorted and then you will have the luxury of time to pursue the council's practices.

Good luck

Richard Paris

A. Hiya

Ask Westminster housing advice whether or not they would pay Local Housing Allowance (the name for Housing Benefit) in the private rented sector for a 1 bedroom at £250.00 per week. They SHOULD say yes, but £250.00 per week is the maximum they are allowed to pay for a one-bedroom since April 2011.

Beware some private landlords/agents don;t really like benefit tenants and/or may offer you sub-standard accommodation - check out the accommodation before you agree to anything and before you sign anything.

What I don't understand is, that if you are living with your father as his carer, how will he manage if you move out? Get some good local advice from the CAB.

Good luck

Richard Paris

A. Hiya

You question should be straight-forward but as always with Housing Law it is not!!!

You say age restricted - I take it you might mean sheltered or designed for elderly. If so there is often a tenancy term about the accommodation only being for people of a certain age (i.e. over 55/60). If so the council might argue your 19 years old can VISIT but not live with you.

BUT there is an argument - difficult to succeed with - that you have certain rights under the Human Rights Act 1998 Article 8, 12 and 14 and it is not proportionate for the council to insist that your 19 years old CANNOT live with you.

There was a case involving a Welsh local authority where a 60+ resident married a 20+ woman and she moved in with him to the age-restricted accommodation. The council insisted she move out but when told about articles 8, 12 and 14 they back off legal enforcement. BUT both of them moved out of the age-restricted accommodation because the council argued he didn't need the support there any more.

Get advice from your local CAB and/or Shelter

Good luck

Richard Paris

A. Hiya

You don;t say how long you have been in your current home? Was your HB application your first from this home? Did you have any receipt/proof of posting from the original HB application?

If so you are in a strong position to argue for back-dating the HB claim. If not then can you prove it was sent because the local authority could argue it wasn't sent.

Back-dating is always difficult because you have to prove 'good cause'? Get welfare rights advice ASAP from CAB or financial advice centre.

If the same local authority environmental health have declared that the house you live in has 3 Category 1 hazards and 9 Category 2 hazards, get environmental health to provide proof to HB and the housing options people about the disrepair and poor conditions of your current home. Strictly speaking you don't need a tenancy agreement to claim HB.

You MIGHT have a disrepair claim against your landlord because of the poor state of repairs and this MIGHT form a basis for a damaged claim in court. Such a claim could potentially wipe out the arrears - BUT you need good local face-to-face legal advice ASAP. Check out your local CAB and/or law centre and/or housing solicitors.

If the reason your landlord has served a s.21 notice is because of the enforcement notice from environmental health, this is what SHELTER calls a "retaliatory eviction" BUT if the s.21 notice was served because of the arrears then it might be a different story.

Why aren' your housing options teams doing more to enable you to keep your home and prevent the homelessness and supporting the environmental health action. Simply saying you are likely to be found intentionally homeless isn't good housing advice. get good housing advice independently as outlined above ASAP

Good luck

Richard Paris

A. Hiya

If your friend is homeless under Part 7 Housing Act 1996 then they should apply to the local council homeless persons department (might be called housing options).

As long as they find them to be homeless, eligible for assistance (not caught by immigration control) and in priority need or vulnerable, then your friend's son should be rehoused with your friend. The fact he is over 18 years of age makes no difference. If the son is your friend's carer then it would be reasonable to expect him to be rehoused with his mother.

Check all this with the local CAB and/or Shelter

Good luck

Richard Paris

A. Hiya

Glad my earlier advice was helpful. Housing associations are not as strongly controlled as councils and the rights of housing association tenants also not so strong BUT

They are unlikely to sell any of their homes other to another housing association (which should protect your rights and security of tenure). If they do sell and you have to move it would have to be to "suitable alternative accommodation" - which means the same size and in same area with same security of tenure.

If you want to do any improvements to the house, you will need their permission/consent - which cannot be unreasonably withheld. So as long as any works (like a patio) are going to be done properly by a suitably qualified installer/builder then they should say "yes".

It would be wise to ask these questions direct from the housing association as they all have slightly different rules. Check with them before you swap if possible

Good luck

A. Hiya

I am not sure I really understand how your friend has ended up in this one-room?

Being branded as 'vulnerable' is not really a bad thing - quite the reverse that is why she probably has a support worker - but they should be pressing for more suitable accommodation for her and her baby.

You don't say to which landlord/landlady your friend owed £600.00 rent arrears and how these arrears arose and whether or not your friend is trying to repay these arrears.

Whatever the answer maybe I don'' understand why she can only use the bedroom and not the kitchen and/or lounge. Surely it is not her baby's fault no matter how the arrears arose! Your friend and her support worker need to raise the issues with the local CAB and/or SHELTER and/or with the local council's housing advice. It might also help if the baby's health visitor was to be more supportive/assertive towards the landlady.

Has no-one heard of Every Child Matters?

Richard Paris

A. Hiya

You need to get urgent help with your entitlement to benefits'tax credits - try the local CAB and/or housing advice at the local authority. You might also try Shelter and/or any other local advice agency.

Depending on your income and savings there should be help available - help with the rent in the private sector is called Local Housing Allowance or LHA

Good luck

Richard Paris

A. Hiya Anna

If you have had the same housing association flat for 30 years I suspect you are a SECURE tenant. This means you have the greatest security of tenure and your housing association will have to offer you SUITABLE ALTERNATIVE ACCOMMODATION if they wish to move you and sell your flat. They also cannot insist that your working 18 year old daughter is not re-housed with you if this what you wish.

Your housing association must give you more information about the proposed sale - you should ask them

1. why are they selling your flat?
2. what is the time-scale for the sale?
3. are they selling to another housing association?
4. is anyone else effected by this sale (i.e. are they selling other flats in the block?)
5. you will be entitled to a 'home loss payment' - how much will this be? (I think it should be £4700.00)

6. what extra 'disturbance payment' are they going to pay you (for the removal costs, disconnection and reconnection of utilities etc)

7. what accommodation are they prepared to offer you - it NEEDS to be of a similar size, location, have similar amenities etc.
8. you might get a new flat but it still needs to have similar amenities
9. if they do offer you suitable alternative accommodation make sure that they give you another SECURE tenancy and not ASSURED as the law requires. If not you might lose some rights
10. talk to you your neighbours, your residents association and local tenant's scrutiny panel about the associations plans

Also get some local advice from your CAB

Good luck

Richard Paris

A. Hiya Mo

Yes I am afraid they are right - especially if your daughter only stays with you at weekends and not full time? The law on statutory overcrowding is Housing Act 1985 Part 5 and it stems from the Housing Act 1935!!

Basically you would be entitled to one room and as your daughter (even if she lived with you full-time) is less than 12 months, she DOESN'T COUNT! Crazy I know. Further even when she is over 12 months she only counts as half a person and anyway the law says she could sleep in another ' habitable' room like the living room.

Sorry - unless the housing is prepared to be more generous, that's what the law says

Richard Paris

A. Hiya

If I understand the timings I reckon you may have to accept the council's offer BUT

You say you left your housing association house because of anti-social behaviour - did you sign a termination form, give the housing association back the keys - in other words 'give up' your tenancy with them? If so, you cannot really swap with someone else as you have given up that house.

If the council have agreed to re-house you are they at present keeping you in interim/temporary accommodation before you get a permanent offer?

If the council has accepted you under Part 7 Housing Act 1996 (i.e. as homeless) and is proposing to discharge duty towards you by offering one of its own houses - then I think you will have to accept that swapping your old housing association home is not going to happen - sorry.

Richard Paris

A. Hiya

Your situation is very difficult - sorry for your health issues as well!

Depending on your income and savings, you could get Local Housing Allowance (LHA) to help towards the rent costs BUT you would only be allowed enough for a one-bedroom not a two-bedroom. IF your son came to live with you full-time, the situation might be different.

If your friends ask you to leave, you could make a homeless application BUT they would have to find your VULNERABLE because of your health (and there is no guarantee of that) and even then they would probably only give you a one-bedroom property.

Ask at your local CAB and definitely go to Housing advice/housing options run by the council and see what detailed advice they give you.

Good luck

Richard Paris

A. Hiya

Difficult to answer your question precisely without more information?

To succeed as a member of family your mother would have had to be a council tenant and you would have had to live with her for 12 months continuously prior to her death. Where did you live before her house?

But fact you have children must mean the council will have to consider whether it is either prepared to give you a new tenancy of her house or evict you and then you should make a homeless application as you have priority need (if at least one of the children is under 18 years old)

Get advice from local CAB and/or Shelter

Richard Paris

A. Hiya

I don't know whether your landlord is a council or housing association or the other person's landlord? BUT councils can only refuse a mutual exchange on the Grounds listed in Schedule 3 Housing Act 1985 - look it up on GOOGLE.

Swapping a 2 bedroom for a 3 bedroom with the size of families you state should not really be a problem BUT depends a bit on how her council interpret the law. Bigger question is why she wants to swap from her 3 bedroom to a 2 bedroom? Is she proposing her daughters share?

Check it out with local CAB and be prepared to argue the point. Grounds 3 and 4 of Schedule 3 talk about swapping being refused where either the property is 'substantially too extensive' i.e. much too big or the ;'extent of accommodation' i.e. much too small. I don;t think that is true in your case.

Good luck

Richard Paris

A. Hiya Lex

Don't worry - even if the changes happen it won't be until 2013 and there is a LOT of opposition. Why you shouldn't worry -

1. You live in Scotland and maybe the Scottish assembly will not bring in such changes or ameliorate them just to spite the English in Westminster!

2. Long term incapacity benefit rather than working - government in Westminster says any changes to HB along the lines you suggest will only effect WORKING households.

3. Silly arguments at present about this change only effecting those with an extra bedroom - last week questions about what constitutes a bedroom - Minister said it would have to have a window - suggestion from some that maybe you should board up the window in the spare bedroom!!!

4. Have councils and housing associations got enough one-bedroom empties to move anyone effected into if they are supposed the down-size from a two-bedroom.

5. If anyone is actually made homeless because of this absurd policy change they will probably have to be re-house anyway if they have priority need and/or vulnerability like yourself

6. So ultimately I cannot see this change working or being implemented in such a way to effect you personally.

Keep up-to-date with ongoing challenges at Shelter and/or National Housing Federation and/or ask your council what they think!

Good luck

Richard Paris

A. Hiya

Your question is a very good one - you cannot be the only person who is worried about the government's proposals for fixed term tenancies BUT the Housing Minister has promised, more than once, that no-one is already a social housing tenant will have their security of tenure threatened at all.

Further the new fixed term tenancies for councils won't start until April 2012 at soonest. Housing associations can offer new people so-called 'affordable' fixed term tenancies BUT on a mutual exchange with someone who is already a council or housing association tenant (with a so-called 'lifetime' tenancy) they will not be able to offer an 'affordable' fixed term tenancy.

What all of this should mean, is that someone with a 'lifetime' tenancy should be able to swap/mutual exchange with someone else with a 'lifetime' tenancy and not lose security of tenure. BUT if you are a council secure tenant and you get consent to swap with a housing association assured tenant, you would get their existing tenancy. That would mean giving up a secure tenancy for an assured tenancy - but both would be 'lifetime' tenancies.

That's how it is supposed to work - let's see if all housing providers understand and operate in such a fashion?

Good luck

Richard Paris

A. Hiya

Sorry about your serious medical need. Very hard to answer your question adequately? It depends on which Choice Based Lettings (CBL) scheme you are using (they are all different) and how they prioritise the Bands?

Most CBL schemes reserve the highest Band (A) for urgent cases and/or imminently homeless cases. Hence a tenant fleeing domestic violence or hate crime or having to move because of demolition etc.

So to some extent the answer might depend on how urgently you need to move? What support do you get where you currently live and how much stronger would the support be if you moved to a different area.

I suggest you try the local CAB and/or SHELTER for more detailed advice.

Good luck

A. Hiya

Bearing in mind it is government policy and a current issue that people should be able to swap/mutual exchange their homes, especially to be nearer work, I cannot believe that any social landlord would refuse a swap/mutual exchange such as the one you are trying to get.

For any council (or Arms Length Management Organisation - ALMO like Sandwell Homes) they can only refuse consent for a mutual exchange on one of the Grounds listed in Schedule 3 Housing Act 1985. I suggest you look up Schedule 3 on-line.

Are you both Sandwell Homes tenants?

There are 2 grounds on which councils could refuse an exchange which roughly say Ground 3 - property is 'substantially more extensive than is reasonably required' (in your circumstances wanting a 3 bedroom for your family is not unreasonable). Or Ground 4 - 'extent of accommodation is not reasonably suitable to needs' of incoming family (i.e. it is too small for the person you want to swap with. (They are 'trading' down from a 3 bedroom to a 2 bedroom - as a single person not too small therefore.

Rule of thumb is 'if both parties get one more/less bedrooms than they would strictly need - let it happen'. I think this rule of thumb applies to you.

Ask for permission/consent - the council has 42 days in which to decide whether or not they are going to withhold on one of the grounds.

Good luck

Richard Paris

A. Hiya

Your situation is difficult and complex to answer totally. But here goes from what I know.

If your notice to quit has been properly drawn up and ends on November 1st, then you quite properly want to know what to do next. There is contradictory case law but the gist of it says the council MUST consider whether it is reasonable for you to wait in your current accommodation until either your landlord takes you to court and gets a possession order or when you actually evicted by the bailiff. 28 days before the actual eviction date you would be considered to be 'threatened with homelessness'. There is quite strong case law that suggests that if you have no defence to the possession case, it would be unreasonable for you to incur costs when there is no need!

Ask the council at what point they would be providing you with temporary accommodation - they should tell you this. Ask the council how your points would go up if you were actually homeless and/or in temporary accommodation?

You really should seek face-to-face advice from the local CAB and/or SHELTER. In the meantime look up the local government ombudsman site on-line and check out their recent report about councils not avoiding their statutory duty towards homeless households by 'gatekeeping' and/or 'preventing' homelessness.

Beware that there is quite a lot of cased law involving LB Richmond upon Thames - they seem quite litigatious - sometimes they get it wrong!

Good luck

Richard Paris

A. Has your friend not got her little girl with her? If not where is she living. Makes a lot of difference!

If she has her little girl living with her all the time and she has nowhere else to live (or where she is living is not suitable or reasonable) she could try making a homeless application to the council. IF the council have reason to believe she is homeless or threatened with homelessness, is eligible for assistance (i.e. not caught by complex immigration / certain persons from abroad rules) and has priority need (because she has a dependent child) - they MUST provide her with interim or temporary accommodation.

If she is living alone, then her priority need would depend on whether or not the council consider her to be 'vulnerable'?

She could join the council register / waiting list / Choice Based lettings scheme but I fear she would probably get a low priority and might wait a considerable time.

She should nevertheless approach the council's housing options service and ask them for ALL her options in both private and social rented sector. They should know which private landlords accept Housing Benefit and may have a local accredited scheme for the best private landlords.

She might also try the local CAB and/or voluntary sector agencies for housing advice.

Good luck

Richard Paris

A. Hiya - well done you for finding a job!! Why can't the people at the Job centre be more helpful with your real questions about help with the rent? Surely their job is to make sure 'work pays' and to give you all the help you need to make sure this is true? If they can't help - the least they could do is signpost/refer you to someone who can offer good advice? Sorry - rant over.

What kind of help you would get towards your rent depends on whether you rent from a private or social (council/housing association( landlord? Local Housing Allowance (LHA) is the name for help in the private rented sector and is capped at certain rates for certain sized properties. Housing Benefit (HB) is the name for help in the social rented sector - the rules are different

Ask your local council what your likely entitlement to LHA/HB would be considering your total family income (less child benefit) and your rent level. They should be able to tell you how much benefit help you should be entitled to expect.

You might also ask your local CAB for such advice.


Good luck

Richard Paris

A. Worryingly it sounds to me as though you have been 'unlawfully' sub-letting.

Council tenants (not those who have bought under Right to Buy) can only sub-let part of their home WITH CONSENT. Quite who the guys are who collect your cash is a moot point? You say they rent the flat from the landlord - but who is the landlord?

If you have your family and 4 others living in a 2 bedroom it sounds very unlawful to me. You should go to your local CAB in CONFIDENCE and see what they reckon your true status is?

After advice from them you could apply as either homeless or to join the local council's register (waiting list) but be careful about 'eligibility' - ask at the CAB.

Good luck

Richard Paris

A. If you have been keeping to the terms of the suspended possession order and if the arrears have been virtually halved since the court order, you have shown that you have got a grip on the arrears and have shown willingness to repay the monies owed.

If you can get your mental health support worker, psychiatrist and your husband carer support worker to support your move to be nearer your family, you should be able to persuade your housing association to allow you to apply for a transfer.

BUT you might need to see their transfer/arrears policy first - ask them for a copy. Also ask informally what their likely decision would be if you asked for a transfer application.

I don't know how big your housing association is, or whether they have other properties in the area you want to move to, or whether they work within a sub-regional Choice Based Lettings scheme. The answers to all these questions might mean that you could be CONSIDERED for a transfer but do not GUARANTEE you would get one?

The Tenant Services Authority (TSA) do require that "Registered providers shall provide tenants wishing to move with access to clear and relevant advice about their housing options. They shall participate in mobility schemes and mutual exchange schemes where these are available."

If your housing association seems unprepared to 'bend' any policy which states arrears are a block to consideration for a transfer - ask them whether they have considered your particular needs for support?

Good luck

Richard Paris

A. If you are the same person who asked a similar question a week or so ago, then yes you can have a lodger to share you council home BUT if you are claiming HB it will probably affect your HB.

Yes there is no reason why you shouldn't apply for a mutual exchange to a larger 4-bedroom home BUT the people you want to mutual exchange with would also want to 'down-size' into a smaller home like yours. Maybe check with the people already advertising to see if they are informally interested?

Good luck

Richard Paris

A. I am not sure what 'va' means? But you cannot lose your home because one of your children has 'run away' and has not been going to school.

You do not say how old your daughter is - if she is over 18 she is an adult, if she is over school leaving age (16-ish) then not going to school is not a problem.

I still think you would be wise to report her as a missing child/person to the police and, if you are really concerned about her welfare, also to the local Children's Services section of you local council. As a 'missing child' (if she is under 18) she is a 'child in need' under s.17 Children Act 1989 and they will have duties towards her if she makes contact.

Good luck

Richard Paris

A. You should seek help from your local council's housing options service (may be known as housing advice or homelessness prevention). They should be able to 'signpost' you towards housing options.

Homebuy or shared ownership might be an option depending on whether you are working and at what wage. Help in the private rented sector might also be a possibility.

You could also ask about the local council's register/Choice based lettings scheme which you should be able to join. However there is no guarantee you will get housed quickly through this route.

Good luck

Richard Paris

A. How long have you put up with the dreadful conditions in your bungalow? Why haven't environmental health given you a written report yet - they have forced your landlord to do works so MUST have a report or more. Demand they give you one ASAP.

Your local council's housing advice / tenancy relations should be advising you about whether or not you have to stay for the remaining 4 months of your contract. Ask them and housing options (and check with Shelter and CAB) about whether 'it is reasonable for you to continue to occupy your current accommodation'?

Beware that even if you get a high priority there is no guarantee that your local housing association or council will re-house you soon even if you get the written report. Ask your housing association how the report will help your rehousing?

Sadly you are not alone in living in very poor conditions - symptomatic of weak enforcement of housing standards!

Good luck

Richard Paris

A. I am not benefit expert BUT suspect that if your step-brother comes to live with you it will effect your HB entitlement. You don't say how old he is and this might make a difference? If he comes to live with you it will be 'change in circumstance' that you MUST inform HB about. They will then calculate, depending on his income, what the NON-DEPENDENT DEDUCTION should be. It is likely to be around £9.40 per week at least - this is money HB would deduct from your entitlement and he would be expected to give you from his JSA.

Check with with your local CAB and ask your local council HB section BEFORE he moves in.

I also suspect that you would have a hard time adding him to your lease (they don't have to do this) and whether it would increase the chances of your finding a mutual exchange from your 3-bedroom to a 4-bedroom is also unlikely.

Again ask your council which mutual exchange scheme they use (Homeswappers maybe) and see how many 3-4 bed swaps actually happen?

Good luck

Richard Paris

A. Your council are correct as your sister was the successor when your father died and succession can only happen once in law.

They don't have to offer you or your brother anywhere else to live, so in a sense you are lucky to have been made an offer with your brother BUT I am worried about the short time frame and condition of smaller property.

Why (as your may still be grieving the death of your sister) are the council in such a hurry - ask them for more time - they should be sensitive at this time towards you and your brother?

Why is the new property is such a poor decorative state - they do not have to decorate it before you move in BUT they should have a LETTING STANDARD - ask to see this. At least they could either help you both with the decoration costs - give you a decoration allowance (money or vouchers) and/or give you more time to decorate before you move in.

From what you say the council sounds very harsh - almost brutal. If all else fails, take the smaller property, sign the new tenancy, take pictures of the condition and then make an official complaint, go to your local councillor and MP.

I cannot believe in 2011 any council would behave in this way! Good luck

Richard Paris

A. Hiya

Yes you can get help with the rent for the privately rented flat BUT check with the local council what the Local Housing Allowance (LHA) maximum is for the size of flat you want to rent. The council cannot pay any more than this - so if the rent is higher than the LHA, you will have to make up the difference.

Also check with the council where you are on the Housing List and what chance you stand when 'bidding' for a social rented property in your area.


Good luck

Richard Paris

A. Crazy though it sounds you are NOT statutarily overcrowded - the current overcrowding law from the Housing Act 1985 was lifted word-for-word from the Housing Act 1935. Hence we are still applying an overcrowding standard which is 75+ years old.

Your problem, believe it or not, is that statutory overcrowding counts 'habitable rooms' not just bedrooms. This means you can sleep in the living room and not be statutarily overcrowded.

You would be better to try the local environmental health department and see if they would apply the more generous and contemporary Housing Health and Safety Rating System to your overcrowding and the impact it is having on your health.

Ask Wiltshire Council and any partner housing associations which provide housing in the area, whether anyone getting Gold Band ever succeeds in their 'bidding' and it not, what is the point of such bands?

You might also try the local CAB / housing advice and point out that the £125 per month short fall between what HB are paying and your contractual rent. The real question (but be careful) is 'is it reasonable for you to continue to occupy your current accommodation' - one of the tests for statutory homelessness. Part of the4 answer to this question is the 'affordability' of your current accommodation.


Good luck


Richard Paris




Good luck


Richard Paris
bidding' and it not, what is the point of such bands?

A. As long as you and your boyfriend have a JOINT tenancy in both names, only one of you needs to occupy the dwelling-house as your only or principal home. This will preserve the joint tenancy in both names.

If you want to get his name taken off the tenancy, be very careful as you MIGHT be advised to serve a Notice to Quit which would bring the entire joint tenancy to an end (not just his share). There is no guarantee (unless you get one in writing) that they would grant you a new sole tenancy.

Get advice form your local CAB and/or housing advice.

Good luck

Richard Paris

A. Hiya

Sorry your housing associations seems to be recalcitrant when it comes to giving you their FULL allocations policy?

I suggest you read and print off the regulator - the Tenant Services Authority's national standard on Tenancy from this link http://www.tenantservicesauthority.org/server/show/nav.14715 and then ask your housing association how they can claim to be "fair, transparent and efficient"?

Why would your housing association NOT wish to let you see their allocations policy?

I suggest you find out the name of the senior manager/director responsible for allocations and write to them requesting a copy of the FULL allocations policy within a set-time - say 14 days. I would politely say that if they fail to meet this deadline, you will have no option but start an Official Complaint and escalate it up this complaints hierarchy. Your end destination, if they do not co-operate fully, is the Housing Ombudsman.

Beware that the Housing Ombudsman's office is very busy and not particularly quick BUT your housing association will not want the case to get as far as that!

Good luck


Richard

A. Hiya

I am sorry about your situation - must be very stressful but I don't understand why, if you live in West Norwood, your daughter goes to school in Stanmore which is in Harrow? Why does she not attend a more local school?

Similarly why does one of your sons work in Watford and the other attend college in Uxbridge if travelling is a problem?

I do not wish to sound unsympathetic but your commute and that of your family is not unusual and I seriously doubt that you would get a transfer through your housing association's transfer policy on these measure alone.If your housing association has little stock in the area you wish to move to, I cannot see how they can help directly. Your best chance is to try and get a mutual exchange with another council / housing association tenant in the area you wish to move to. Your housing association can help with this and/or suggest a regional scheme like Homeswappers or Homeswap.

Good luck

Richard Paris

A. Hiya

Sorry for your situation - sounds dire and stressful!

I suggest your husband and his brother ask the housing association what they propose you all do - simply saying they will not consider a spilt is not exactly giving you all any other options. Ask the housing association for a copy of their relationship breakdown policy as well. If your housing officer is not more forthcoming and helpful, ask their line manager!

At the end of day they probably do not HAVE to consider a spilt and do not HAVE to rehouse one family separately BUT what other ideas do they have?

Your husband and brother should also make an appointment with the local CAB and/or the local council's housing advice service to see what advice they offer.

After this, one family maybe should decide who will remain and who seek other accommodation. If you decide your family will move, you might try the local council's homelessness prevention service and see what advice they offer?

If you and your family or your husband's brother and his family make an actual homeless application by very careful -ensure you have the correct advice before applying and be warned the council might place the applicant's family in temporary accommodation which might be someway away from current home and might be for a very long period!

Be very careful the local council MIGHT try and argue that the family who apply have made themselves 'intentionally' homeless (probably not true but it does happen and then that family could find themselves literally homeless!

Good luck

Richard Paris

A. Hiya - sorry for your situation - it sounds dire!

If LB Hillingdon are not prepared to let you keep your mother's death (it sounds like you are correct in not having a legal right to succeed), then what does the council propose?

Despite the fact it is probably only your 16 year-old daughter who would be regarded as a 'dependent child' and hence give you 'priority need' (S.189 Housing Act 1996) if you applied as 'homeless', I would argue that your elder sons are members of the family who also normally reside with you - see S.176 Housing Act 1996.

Therefore check to see if Hillingdon are prepared to offer you and ALL your children including the 16, 21 and 22 years old accommodation.

Your Cushing's disease and clinical depression (which can be confirmed by your GP and specialist) are also relevant in that you could argue you NEED to have accommodation for all your family such that they can support you.

B&B accommodation is NOT SUITABLE for any homeless household with children (your daughter is a Children Act 1989 'child') and was made unlawful by an amendment to the Housing Act 1996 by the Homelessness Act 2003 - the law changed on 1 April 2004. Councils can only use B&B where there is 'no accommodation other than B&B and then for no longer than 6 weeks.

So where else do Hillingdon propose that you live? If you make a homeless application they would HAVE to provide 'SUITABLE' accommodation for you and ALL your family and B&B strikes me as NOT SUITABLE?

This is all very complex and you should definitely seek independent advice from your local CAB and/or housing advice centre. If you have s support worker and/or friend who can act as your advocate, this will help.

Marshall all the facts and evidence before you go back to Hillingdon - ask them what they propose if you cannot keep your mother's house.

Good luck

Richard Paris

A. You don't say who is the tenant - if it is you as a sole tenant and your partner is not your husband, you have the legal right to ask him to leave. On the other hand if he is the sole tenant, and you are not married he could ask you to leave?

If you are joint tenants and/or married neither can ask the other to leave without a court order.

Go to your local CAB and/or a family solicitor and see if you can get legal; aid for help with obtaining an "occupation order" and thereafter a transfer to tenancy into your name alone under the Family Law Act 1996.

If there has been any domestic abuse or violence, you should be able to get an "occupation order" and/or a "non-molestation order" quickly to get him to leave.Finally ask your local council for help - stress that you do not not want him to know you are seeking advice.


Good luck


Richard Paris

A. Hiya

Housing Benefit - HB - is immensely complicated and not my forte BUT

1. Is the landlord a private landlord or a social landlord i.e. housing association/council?

2. If it is a private landlord, your sons should be aware that HB for private sector tenants is called Local Housing Allowance and has been changed radically since April 2011. There are now caps on the maximum LHA anyone can claim depending on the number of bedrooms in the property.

3. Your sons should check with the local authority where the apartment is located before they move in together to check what the LHA for them would be. In Westminster where rents are very high the LHA would probably not cover the rent, in some outer London boroughs it might.

4. Your sons should also be careful about "contrived HB" where the local authority believe they have arranged their affairs to take advantage of the HB regulations.

5. Would one son be the tenant and the other a lodger or would they be joint tenants - this would make a difference to entitlement

6. Best advice also is to seek face-to-face advice from the local CAB before moving in together

Good luck


Richard Paris

A. Hiya

Depends a bit on whether your landlord is a private landlord or a social landlord like a housing association or council.

If it is a joint tenancy then you are both jointly and severally responsible for the rent not necessarily on a 50/50 basis. So either of you could be pursued for the whole rent if it is not paid.

If on the other hand you can persuade your landlord to let you bring the joint tenancy to an end and ENSURE you get a SOLE tenancy in your name to replace it, then you would be entitled to HB in your own name alone if entitled on the means test.

This assumes the children stay with you and your husband leaves the home. He would probably not get rehoused by the council or housing association as a single man however.

On the other hand if you left with the children, there is a danger the council might find you to be "intentionally homeless" if you presented to them as homeless leaving him in the house.

All relationship breakdown is hugely complex - you really need to see a face-to-face adviser from the local CAB and/or housing advice and maybe a family solicitor who can give in depth legal advice. Divorce or a Deed of Separation is another way the courts could turn your tenancy from joint to sole - BUT please do get legal advice.

Good luck


Richard Paris

A. Very difficult to answer your question fully without more detail! Answer depends on

1. What kind of mortgage do you have - endowment, repayment, fixed, variable, tracker etc?

2. Are you working or on maternity leave or on Income Support, Job Seekers Allowance or Employment and Support Allowance? If you are on the above 3 kinds of benefit you MIGHT be entitled to Support for Mortgage Interest (SMI) from the DWP - check their website for more details http://www.dwp.gov.uk/docs/mortgage-interest-changes.pdf

3. If your mortgage is a joint mortgage with your ex-partner you will need to ensure they are aware of their ongoing liability to pay the mortgage and this is likely to impact on any assistance you might get with paying the mortgage (i.e. might be 50% rather than whole help)

4. All the High Street lenders (banks and building societies) and members of the Council of Mortgage lenders are supposed to be showing 'forbearance' at this difficult time. This is part of the agreement with the government for the bailing out of the finance sector in 2008. Consequently you should definitely talk to your lender/bank about your situation and see what they advise?

5. I would also make an appointment to see your local CAB and/or local authority housing advice and homelessness prevention service ASAP for face-to-face advice.

Good luck


Richard Paris

A. Job Centre Return to Work calculation is about whether financially better off by returning to work less than 20 hours. Not my area of expertise but worth checking their calculations with CAB and/or financial advice centre locally. They occasionally get such calculations wrong!

Poster's link with getting a job and accessing social housing is contentious. At present getting priority for social housing is about HOUSING NEED it is NOT about income. The current government and other commentators seem to think social housing is only for poor people - not so there is really no means-test for social housing.

Example medium wage/savings household might be homeless or have serious housing need where they currently live, be grossly overcrowded, be seriously disabled and unable to cope with current accommodation etc.

Suggest a GOOGLE search for s.167 Part 6, Housing Act 1996 for definitions councils have to consider when designing allocation system.

Poster needs to check with local council to see how they priortise housing need.

Good luck


Richard Paris


eir allocation system works and how they prioritise housing need.

A. Hiya

You don't say where you lived before your mum and dad's house? Unfortunately the law on overcrowding in Part 10 Housing Act 1985 comes word-for-word from the Housing Act 1935 and has never been changed. This probably means that your mum and dad's house is NOT statutorily over-crowded (mad as that seems) because the law says your son could sleep in the living room or dining room or any other "habitable room".

Not good news I know - but now your son is 10 he qualifies as a "whole person" and this ought to get you more priority? You need to get hold of the council's allocation police (it is freely available and not confidential - it might even be on-line) and see how you stand with regard to priority.

You also would do well to go to the council and ask them why you are not getting any feedback in terms of the houses you are "bidding" for? You might also go to the local CAB and/or voluntary housing advice service and ask them to advocate on your behalf.

Good luck


Richard Paris

A. Hiya

Scottish law is very different from English and I am no expert in Scottish housing law. But if your husband is still legally liable for the mortgage on your home in England, he would be advised to seek advice ASAP from local CAB.

My advice for you is to contact your nearest CAB and/or advice centre for help about your own situation and claiming maintenance and/or support for yourself and son.

SHELTER Scotland are probably the best people to look up on line and or phone for advice

Good luck


Richard Paris

A. If your house is still under a mortgage, it is not possible to get a mortgage paid by Housing Benefit BUT the DWP may help pay the interest on the mortgage. You need to check with your local CAB and/or SHELTER. You also need to make clear who is living in the home and the whole household income. Even so you may still end up being liable for the mortgage.

If your partner is the only adult living in the property they may be entitled to 25% discount on the council tax. They need to get hold of the local authority council tax department and ask for the claim forms.

Good luck


Richard Paris

A. Fleeing racial harassment

Difficult to know where to start - have you reported the racial crime to the local police - they should treat it as a priority but will need proof that the bullying is continuing? There support could be crucial to getting the council to rethink the priority they have given you on banding.

Have to asked your own and your son's GP for confirmation about how these events are impacting on your well-being and health - more proof for the council.

Have you tried the local Community Relations Council - depends on where you live but they and/or the Third Party reporting centre should also be able to support you in putting pressure on the council to re-band you.

If you turned down the original offer from the council then it sounds like they thought it was 'reasonable' but you didn't? It is probably now too late to appeal the offer (called a s.202 review) but ask your local advice agency for their view.

You could and should retry SHELTER if you or your son are still experiencing racial bullying.

Good luck


Richard Paris

A. Lucinda - if your partner/father of your child is abusive you don't have to stay with him. Check out the local CAB and importantly the local council housing advice offices. They should be able to help you find a privately rented flat within the limits set down by Department of Work and Pensions - (DWP rather than DSS) for the size of accommodation you need. If you are not working or only earning a low wage, you may be entitled to Local Housing Allowance or LHA for short.

Be warned though that many private landlords do not want tenants on benefit/LHA because of problems with getting payments from the council and/or tenant.

You may in the alternative want to try making a homeless application direct to the council but ask them first what they think would be the best option.

Good luck


Richard Paris

A. Hiya

How long have you been living with your mum? Did you own or rent previously?

Depending on the answer, you should ask your local council for advice.

Potentially, if you can get your mum to ask you to leave, you could make a homeless application to the local council under Part 7 Housing Act 1996.

You would be statutarily homeless, eligible (assuming you are not caught by the 'no recourse to public funds argument) and in priority need because of your dependent child. Your treatment following the masectomy should also mean any accommodation the council offers MUST also consider your condition and need for support.

This is the quickest way of getting rehoused. If you just join the council's register/waiting list and then 'bid' for empty homes you may find yourself waiting a long time depending on how much the council treats your case as urgent. Ask them when you seek advice.

Good luck

A. Sava

I have only just received this email today 1 March 2011 so apologise for delay.

Hounslow should be offering you more help than you say BUT they don;t have to provide furniture or cooker or fridge or washing machine etc. Did you think they would - who told you to expect such extra furnishings?

If you only saw the house on Friday and you have no furniture or essentials then how can you move in Monday - ask them how this is supposed to happen? I suspect your tenancy begins Monday 28 February but you might not have to actually move in straight away.

You must go to the CAB or Law Centre straight away for help and advocacy. There might be a charity or a furniture recycling or furniture re-use project in Hounslow that might be able to help. Check out online. DWP should also be able to help with a crisis loan but get advice from CAB first

Good luck

A. Hiya

Yes this a benefits question - not my area of expertise BUT

The whole area of spilt child care exercises all benefit departments - Housing Benefit/Local Housing Allowance'DWP and HMRC for tax credits. Most benefits/credits assume that any child is living primarily with one parent and the other has 'visiting' rights whether or not a court order is in place.

Where does your son go to school. who gets the child benefit, where is his doctor - all these issues maybe relevant to whether or not you can expect HB or LHA to pay for a 2 bedroom instead of a one bedroom. Phone your local council HB department and ask them what you are entitled to. Also seek advice from local CAB

Do I assume you are renting privately rather than from a housing association or council? Because the rules are different and I believe the rules for private renting and the local housing allowance is stricter.

Good luck

A. Hiya

Sorry to hear about your friend's situation! What I don't know is who is her landlord and what have they done about the situation thus far? Is her landlord Somer Housing?

All councils and housing associations are expected to deal with anti-social behaviour (ASB) robustly and to offer maximum support to people who are victims and potential witnesses. In the last 10+ years central government has increased the number of legal 'tools' that social landlords can use against perpetrators.

It also sounds as though your friend has been subject to verbal abuse, possibly harassment etc. What have the local police done?

Why has your friend not already got a housing officer and what have they not been doing? The landlord are very unlikely to move your friend unless there is no other option. So what your friend needs to do is get a strong and knowledgeable advocate locally who can support her in her dealings with her landlord and the other agencies like the police.

She should get hold of the landlord's ASB policy and procedure for tackling ASB. She should start an official complaint immediately emphasising what has or has not happened thus far. She should also write to the Chief Exceutive and Chair of the Board.

She should go her local councillor's surgery and see what they suggest BUT I would definitely raise the issues as a s.19 Police and Justice Act call-for-action. This requires the councillor to raise her issues at the local Crime and disorder committee. If they fail to do so she can raise it direct with the Chief Executive of the council.

Inaction by social landlords is unacceptable - once she has tried the above options, she MIGHT then consider whether her situation is so BAD it is 'not reasonable for her to continue to occupy her current accommodation' in which case she could make a homeless application. BUT this is a dangerous move and she needs good advice and advocacy.

She should also try the local Victim Support.

Good luck - come back to me if the advice above gets nothing done.

A. 1. I am not an expert in Child Support and/or Children Act 1989 BUT

2. The CSA have had a reputation since inception in 1991 as being not very good at what they do! (probably an understatement). But you should still being putting pressure on them to be more pro-active and searching in their attempts to extract money from your ex partner, especially if he really has the assets and wealth you portray. Get your local MP to take up this case on your behalf.

3. It is possible (albeit difficult) that you may be able to get a lump sum payment from your ex partner for the children under the Children Act 1989 schedule one. Look up the cases of Phillips-v-Pearce (1996) 2 FCR 237 and V-v-V (Child Maintenance) (2001) 2 FLR 799 via internet or through your library.

4. In Phillips-v-Pearce the father was self-employed businessman with a house worth £6.5 million and cars worth £390,000. The CSA assessed him as having no liability to pay because he was drawing no income at the time of the assessment. Although the court under the Children Act 1989 thought it could not make an order for a lump sum to provide regular support for the child, it could order a lump sum for a particular item of capital expenditure i.e. a home for a child. Court ordered £90,000 for purchased of a home and £24,500 for furniture and other items.

5. I suggest you see a Family Law specialist in your area and see if they know these cases and would take on such a case for you. Be careful about any fees the family lawyers might ask for - possibly and be careful, possible go for a no-win, no-fee.

Good luck
Richard Paris

A. 1. Even if you are self-employed, you might be entitled to partial Housing Benefit or Local Housing Allowance (LHA) in your area. Have to applied? If you get any Housing Benefit/LHA you should also ask for a Discretionary Financial Assistance to top-up your HB/LHA. Make sure you are getting all the benefit and/or tax credits to which you are entitled via CAB and/or money advice and/or one of these websites
www.nationaldebtline.co.uk excellent government sponsored free confidential and independent advice service with many useful links. Also free phone hot-line.

•www.cccs.co.uk/ another free government sponsored consumer credit counselling service

2. What kind of tenancy do you have - I suspect it is an assured shorthold tenancy (the norm if the private rented sector). If so an assured shorthold should be ended properly with a s.21 Housing Act 1988 notice that gives you at least 2 months notice before your landlord cannot start possession action (rather than a conventional Notice to Quit). Check the paperwork although this is really just playing for time.

3. Ask your council's housing advice/homelessness prevention service if your landlord's paperwork is good or not.

4. If your landlord gets an outright possession order from the local county court and you do not move out voluntarily, the landlord will then have to apply for a warrant of possession to evict you. 28 days before this warrant is to be enforced you will be 'threatened with homelessness' and Part 7 Housing Act 1996 and the council will probably HAVE to re-house you BUT

5. Any accommodation they secure for you and your daughter has to be 'suitable' I don't understand why they are talking about a refuge unless you are fleeing domestic violence. The distance away from where you currently live and your daughter's school suggests a refuge place 100 miles away would not be 'suitable'?

6. At this point in time your council should be pro-actively helping your to either remain in your accommodation (extra help with HB/LHA and or money advice) and/or pro-actively helping you to find suitable alternative accommodation in your local area. Just suggesting that you bid via their register/ Choice Based Lettings system is not sufficient on its own.

7. Ask your local councillor and/or MP to help you and push for more assistance, especially as you are self-employed and trying to be self-sufficient rather than fitting into the stereo-type (and it is a stereo-type) single parent on benefit.

Good luck
Richard Paris

A. Did the council place you in the refuge after you made a homeless application in March 2010? If so the accommodation must be 'suitable'. Even if you self-referred to the refuge, the following is still true. (Why have the workers at the refuge not challenged the borough on their inactivity?)

Established case law has confirmed that a refuge is 'suitable' in the short term but there is conflicting case law about how long that might be. The lead cases at present (which you might want to look up on www.bailii.org) are Moran-v-Manchester CC-v-Moran House of Lords 1/7/2009 and Birmingham City Council-v-Ali decision on same date.

Because you are sharing one room with your sons aged 13 and 8 this should mean a shorter period than a single person in a refuge.

Why is the borough refusing to house you? They must have put you on the register which may be a Choice Based Lettings system where you should have a high priority. See s.167 Housing Act 1996 reasonable preference groupings. Find out where you are on their register and why you have not been encouraged to bid for empty homes in the local area?

Why has the borough only told you to seek accommodation in the private rented sector - yes it is an option but by no means your only option!

I suggest you seek urgent local advice form the CAB / law centre / Shelter or any local legal aid lawyers.

A. Hiya

Your situation must be very difficult BUT unless you are a victim of domestic violence or threats of violence, then it is unlikely the local council will assist you under the homelessness provisions of Part 7 Housing Act 1996. This is because of a case called Hounslow LBC-v-Yemshaw in the Court of Appeal at 15/12/2009. We await the Supreme Court's decision on whether or not this case was correctly decided in law. See below
Mrs Yemshaw fled the matrimonial home because of domestic abuse but not violence. Hounslow decided it would have been reasonable for her to continue to occupy & therefore not homeless.
Review held she had been subject to no actual or threatened violence even if there had been emotional, psychological & other abuse. County court dismissed her appeal.

Claimant + Secretary of State appealed seeking a broad interpretation of ‘violence’ under s.177 & Code of Guidance para.8.21
Court of appeal dismissed the appeal – violence is limited to actual or threatened violence
Upheld Danesh-v-Kensington & Chelsea RBLC 2006
Appeal pending to Supreme Court 2/12/2010

But the council must offer a free housing advice service which it's worth trying for their suggestions on what you might do. Ask them about Mortgage Rescue Schemes in your areas. Some housing associations will buy the house from you and then sell it back on a shared ownership/Homebuy basis. That way you would be part renter and part owner reducing the mortgage payments and possibly allowing you to claim Housing Benefit for the rented part.

Mortgage lenders are supposed to be sympathetic towards couples such as yourselves finding difficulty with mortgage payments - I suggest that get the local CAB to discuss with your lender whether they would consider changing the terms of your mortgage (unlikely if you are in negative equity).

You might consider the private rented sector but would still be liable for the joint mortgage and would also probably only get an assured shorthold tenancy which is not very secure for your children. Such accommodation is likely to be very expensive.

I suggest you start with the council's housing advice and local CAB and see what they suggest.
Richard Paris

A. Lia neither housing associations nor councils have to move you to a 2 bedroom property. Statutory Overcrowding law is Part 10 Housing Act 1985 considers the habitable rooms in a property not just the bedrooms. This could include your living room and even kitchen depending on their size.

You would do best to actively pursue your housing association in terms of opening all options - ask them to tell you how you can increase the transfer options? Would you consider a mutual exchange, a transfer to another social landlord, 'bidding' on the local Choice Based Lettings system or even a move to another local authority area?

Good luck
Richard Paris
Housing Law Education

A. Even if you managed to obtain a shared residence order from court, you would probably run up against the council relying on a precedent legal case called Holmes-Moorhouse-v-L.B.Richmond-upon-Thames a House of Lords decision from 2009 - see below
Holmes-Moorhouse-v-LB Richmond upon Thames 4/2/2009 House of Lords

It was held that despite the father having a shared residence order from the family court, his 4 children did not necessarily have to reside with him, could live with their mother & he could not claim priority need accordingly.

www.lawreports.co.uk/WLRD/2009/HLPC/Feb0.1.html

The courts are reluctant, indeed the Children Act 1989 presupposed to grant any orders whatsoever if the parents can and have reached an amicable agreement between themselves as to residence. This would seem to be the case with you and your ex-husband?
Your ex-husband should check to make sure he is in the right band for the council waiting list but I suspect they will only consider his actual situation with new wife and their children in a one bedroom flat rather than also add in the weekends/holidays with your shared children?
He should also look to housing associations/housing co-operatives in the area where he lives and should seek housing advice from the council about his options.
Sorry looks like unless he can find a private rented flat or win the lottery then prospects don't seem that good.
Only long shot is to ask council how they will respond to the government's consultation paper issued 24 November 2010 possibly to start April 2011 about 'flexible tenancies for a fixed term' and/or local housing associations offering 'affordable fixed term tenancies at 80% of market rent'.
Good luck anyway
Richard Paris
Housing Law Education

A. Jason is unlikely to get much assistance from the homelessness section of local council who will probably rely on Holmes-Moorhouse-v-L.B.Richmond-upon-Thames in 2009 the top precedent case involving shred child care above.

Jason should put his name on the council's register/waiting list and try to get his daughter's name with his application. BUT council likely to say that unless he has full-time care the daughter will not be added to his application. This means that he along with thousands of other single people maybe on the register/waiting list but are very unlikely to get re-housed via council in forseeable future.

His best chance is to rent privately but again will probably only be able to afford at best a 1-bedroom or studio flat. Jason needs also to e very careful about hid part-time work as this will limit his eligibility for Housing Benefit (known in private rented sector as Local Housing Allowance - LHA - even more restrictive!)

Jason may want to check the LHA limits for Bromley as opposed to other areas which may be cheaper at the Valuation Office's website

https://lha-direct.voa.gov.uk/Secure/Default.aspx

Jason must be one of thousands of parent's who do not have their child(ren) living with them full-time and who are unlikely to gain access to social/affordable housing as a result.

Sorry - good luck Jason

A. Dan I believe you have been misadvised by the solicitor. Even if you managed to obtain a shared residence order from court, you would probably run up against the council relying on a precedent legal case called Holmes-Moorhouse-v-L.B.Richmond-upon-Thames a House of Lords decision from 2009 - see below
Holmes-Moorhouse-v-LB Richmond upon Thames 4/2/2009 House of Lords

It was held that despite the father having a shared residence order from the family court, his 4 children did not necessarily have to reside with him, could live with their mother & he could not claim priority need accordingly.

www.lawreports.co.uk/WLRD/2009/HLPC/Feb0.1.html

The solicitor should also have pointed out that the courts are reluctant, indeed the Children Act 1989 presupposes to grant any orders whatsoever if the parents can and have reached an amicable agreement between themselves as to residence. This would seem to be the case with you and your son Ives?

Sorry looks like unless you can find a private rented flat or persuade someone to let you have 1/2 bedrooms in their own home as their lodger or win the lottery then prospects don't seem that good.

Good luck anyway

A. Re - your male friend with 7 children, 2 of whom now live with him.

Where did he live before camping on relatives' floors?

Are the 2 girls aged 8 and 9 living with him permanently?

If so, which school will they be attending in September - same one as when they lived with their mother? If not, then if he can proof from local authority education department that they are/will be enrolled at a local school with him as responsible parent, that should suffice to show local housing authority that he has 'dependent children' who reside with him or might be expected to reside with him - see s.189 Housing Act 1996.

The child benefit book is just a 'marker' and rule-of-thumb for who has parental responsibility for children not absolute proof. This needs to be challenged at his local housing authority. Tell him to ask for a written s.184 Housing Act 1996 decision letter confirming that he is 'ineligible' because of lack of child benefit in his name.Take that letter to CAB or law centre for their comment.

He maybe able to get Child Benefit for the 2 girls changed into his name - worth a try at CAB.

Good luck

A. Hi Alex

I hope L.B.Hillingdon did not tell you the ONLY option was B&B and it could be anywhere?

It has been unlawful for councils to use B&B accommodation to house homeless applicants with children since April 2004 and they may only do so if there is nothing else available and then it must be for no more than 6 weeks.

Councils are also duty bound to try to house in-borough and may only house out-of-borough if there is nothing else available in borough. The Council also needs to consider where your son goes to school and other locational factors in terms of what accommodation they offer you. The law says it has to be 'suitable accommodation'.

However before I can offer more advice I need to know where you lived before moving in with your mum? (The Council will want to know this also). Did you rent or own beforehand and why did you leave that accommodation?

The law on homelessness is very complicated and much depends on how different council's interpret the law. There is also loads of case law.

There are some useful references (go to Housing section of this website and click on related articles) and a Local Government Ombudsman report into maladministration by Canterbury City Council last year who appear to have tried to 'brush off' a couple who also had to leave one of their parent's homes. Each case on the facts - but interesting nevertheless.

You would be wise to see if the law centre or CAB offering free legal advice in Hillingdon before you make a homeless application.Try http://www.hillingdonlaw.org.uk/index.php

Good luck

A. Your case involves an overlap between Homelessness - Part 7 Housing Act 1996 & Children Act 1989. The case below seems most relevant.

Despite having your children 3 days per week, the House of Lords unanimously decided in a precedent (binding) case called Holmes-Moorhouse-v-Richmond-upon-Thames LBC at 4/2/2009, that as long as the children were adequately housed with the mother, the other parent could not rely on them staying with him half the week when claiming 'priority need' under Homelessness.

This was despite the father having a shared residence order under the Children Act 1989 from the Family Court. If you want to read the transcript go to www.parliament.uk and use their search engine by typing in the name of the father and council and date.

Earlier homelessness case law suggested that it was possible to have shared residence and possibly shared priority need and/or whoever had the Child Benefit was likely to be the primary carer. This has been overtaken by the Holmes-Moorhouse case above.

It is also true that under the Children Act 1989 if there is an amicable agreement between the parents, then normally the Family Court will make no order at all. The thinking was better to make no order as long as in best interests of the child.

Your case therefore sounds difficult and unless you can claim 'vulnerability' in some other way, it is unlikely any council will offer more than appropriate advice and assistance.All councils must however offer free housing advice to anyone who asks - see what your council advises you to do.

Each case is unique to the facts and event he case law above might not be applicable in your case. Try another source of legal advice.

Good luck
Richard Paris
Housing Law Education