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Jackie
Starting Member
United Kingdom
42 Posts |
 Posted - 03 February 2010 : 19:13:16
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Hi All,
I got a letter from a housing officer, stating she has confirmed that we are br and that we need to make payments to save our home. Its a really long letter and I did have it all typed out but when I clicked sent it was over 2000. Basically if they find out that we "intentionally" made ourselves homeless by bing br they would have no duty to re house us. HELP Please |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 03 February 2010 : 19:30:42
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Hi Jackie,
Please do not despair at this.
A local housing authority has a legal duty to offer a homeless applicant advice and assistance.
There are 5 areas of what is called "Priority Need". They include:
Being homeless and have dependent children of school age
Being homeless with health problems - say, stress/depression
There are three others that probably do not apply so i will not complicate matters by mentioning them.
The council has a statutory (legal) duty to cary out investigations into the reason(s) you became homeless (or threatened) wuth homelessness and it must tell you how it has reached its decision.
That decision is up to be challenged (I will not say how that is done at the moment).
They cannot say that as you are BR then you are intentionally homeless. There will be underlying reasons as to why you had to declare BR and being BR in itself is not a carte blanche reason for the council to say they have no duty towards youi.
Now, there is a duty to provide advice (as set out above) and there is a duty to provide assistance. The latter needs the council to make investigations.
I suggest:
You make an appointment to see at the council office, a homelessness officer.
You need to take all your paperwork into that interview including the BR papers.
You must be sure to say what reasons you took to go BR as being part of the bigger picture
They will have to make enquiries.
You can also:
Get a note from your GP to say you are depressed and on a treatment plan for that
Contact your local councillors and ask them to assist you
Contact the CAB and ask them to assist you
Contact the local office of Shelter to ask them to assist you.
That, is enough for you to be doing at the moment, do it tomorrow, not next week (sorry, you have to be strong)
Post back as soon as you have done the above and please do not let them walk over you.
My thoughts are with you, Richard
"Life is generally something that happens elsewhere" (Alan Bennett - author and one of my best heroes!!) |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 05 February 2010 : 17:20:44
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Hi Jackie,
Just seeing if you have made any headway on the housing front following the letter from the Housing Department?
Do not give up - please! 
Come back with an update or if you need help
Richard
"Life is generally something that happens elsewhere" (Alan Bennett - author and one of my best heroes!!) |
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Jackie
Starting Member
United Kingdom
42 Posts |
Posted - 06 February 2010 : 15:33:27
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Hiya Richard,
Sorry for the delay! There is nothing they can do until we have an eviction order, even if we get one they can still put the 4 of us in b and bs. They arent interested in animals. We are getting the house valued on Mon as or asked us, so I will be able to let you know more then. I know you had a look on their website. But we are not even allowed to put in for a council house as we are still in this one. I thought the BR was awful, but this is really worse thinking we could be in a b and b. xx |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 06 February 2010 : 17:42:59
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Jackie,
Do not stress yet - when you get a bit nearer, post back and I will try to help you as much as I can.
Without sounding arrogant, I know housing law inside out and backwards!
I was in charge of the largest homelessness team in the UK with over 150 staff - so I can assist you with some good answers for the housing department!
Which council is it? (I may have asked you that already!!)
Please stay positive and look after each other in the meantime, Richard
"Life is generally something that happens elsewhere" (Alan Bennett - author and one of my best heroes!!) |
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ONK
Junior Member
135 Posts |
Posted - 07 February 2010 : 10:09:24
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Hi , I have been a homelessness and homelessness prevention officer with various local authorities for the past 8years , if you would like to talk through anything with me dont hesitate to send me a message.
Lyndsey
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 07 February 2010 : 11:07:09
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Hi Lyndsey,
That is nice to know
maybe between us we can assist Jackie through her homlessness application.
Where were you working as an HPO?
I was a head of department in a small local authority for 7 years in the early 1990`s and a head of the homeless division at Southwark!
I am sure that betwwen us we can come up with some good assistance for Jackie
Regards, Richard
quote:
Originally posted by ONK
Hi , I have been a homelessness and homelessness prevention officer with various local authorities for the past 8years , if you would like to talk through anything with me dont hesitate to send me a message.
Lyndsey
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"Life is generally something that happens elsewhere" (Alan Bennett - author and one of my best heroes!!) |
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ONK
Junior Member
135 Posts |
Posted - 07 February 2010 : 11:50:07
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Hi , I would be more than happy to offer any advice / assistance I can. I have worked in the North East area, Newcastle City Council and North Tyneside council. Was unfortunatley made redundant in August 08 hence why I ended up where I am now. Been doing some agency work in mean time but nothing reliable enough. Nothing much about that is financially viable for me at the min. I have just offered my volunteering services to the local CAB office as a specialised adviser , you never know it could led onto somehting else. Experience and showing willing should count for something at least.
Lyndsey |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 07 February 2010 : 13:03:04
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Hi Lyndsey,
Nice to see another person with expertise in housing issues. Your contributions are very welcome.
I too am doing work for the CAB in Devon and they bit my hand off when I first volunteered.
I wish you well and I hope that your circumstances improve - it does get better
best regards, Richard
quote:
Originally posted by ONK
Hi , I would be more than happy to offer any advice / assistance I can. I have worked in the North East area, Newcastle City Council and North Tyneside council. Was unfortunatley made redundant in August 08 hence why I ended up where I am now. Been doing some agency work in mean time but nothing reliable enough. Nothing much about that is financially viable for me at the min. I have just offered my volunteering services to the local CAB office as a specialised adviser , you never know it could led onto somehting else. Experience and showing willing should count for something at least.
Lyndsey
"Life is generally something that happens elsewhere" (Alan Bennett - author and one of my best heroes!!) |
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ONK
Junior Member
135 Posts |
Posted - 07 February 2010 : 13:39:05
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| hopefully the vilunteering may lead to employment for me aswel. |
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ONK
Junior Member
135 Posts |
Posted - 07 February 2010 : 13:48:59
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just been reading your note re fears of being put in B&B , i would really try not to worry about this too much. It is very much the authority trying to "scare you off". In fact they are very much frowned on for having families in B&B accomm unless it is an absolute must. As you have approachd them in plenty time they have more than enough time to investigate your circumstances.
Word of advice, once interview by homelessness officer , get their contact details and keep in very regular contact with them. Its not fair at all but those who shout the loudest do generally get dealth vith quicker in order to pacify them.
Where they have mentioned intentionality to you , they have to in a way. They have to advise you that they are "duty bound" to investigate it. For someone to be found intentional they have to have "intentionally caused their homelessness" an intentional act which they were fully aware of and understood would cause their homelessness.
for example , i quite ironically worked for the authority in that very department for 5yrs. I was made redundant due to a period of illness which resulted directly from the breakdown of a very violent relationship. I could not afford my mortgage payments on income support, mortgage payment protection would not pay out. I lost the house. That is not an intentional act.
Deciding not to pay your mortgage / rent because you wanted to go on holiday , buy designer clothes etc etc IS INTENTINAL. as you would have otherwise had the money and would have been able to afford to remain.........
see , HUGE difference. I would deffo reccomend SHELTER , homelessness hate them and will certainly be shaken into place by their presence.
Lyns |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 07 February 2010 : 14:06:46
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Hi Jackie
Some excellent advice from Lyndsey - the local council will try to minimise their obligations to you - its their job!!
I echo what she has said and when you have to attend court, remember what I and probably Lyndsey will say, is to attend and make use of the duty adviser in the court on the day. The duty officer is there to assist those who face eviction, he/she may be from Shelter, the CAB or even the local council (rare though these days). Whoever they are, they will be able to put your case to the DJ and then may be able to assist you in dealing with the homelessness officer.
If you have time, you may want to contact Shelter now and they will be able to assist you with good arguements for you to revceive accommodation (other than B&B). Or the local CAB may have an employee ot volunteer with housing experience.
Shelter can be contacted on 0808 800 4444 or their website www.shelter.org.uk or the CAB on www.citizensadvice.org.uk and then look for your local office.
Do not feel worried about the court - the DJ will be more sympathetic towards you that the mortgage company.
He/she is there to uphold the law, but there is significant pressure from government to prevent homelessness so I feel with the duty officer representing you, the order that will be given will give you sufficient time to go back to the local council and make a successful application for advice and assistance.
In short, please be strong and remember the forum will be here to try to assist you too, Richard
quote:
Originally posted by ONK
just been reading your note re fears of being put in B&B , i would really try not to worry about this too much. It is very much the authority trying to "scare you off". In fact they are very much frowned on for having families in B&B accomm unless it is an absolute must. As you have approachd them in plenty time they have more than enough time to investigate your circumstances.
Word of advice, once interview by homelessness officer , get their contact details and keep in very regular contact with them. Its not fair at all but those who shout the loudest do generally get dealth vith quicker in order to pacify them.
Where they have mentioned intentionality to you , they have to in a way. They have to advise you that they are "duty bound" to investigate it. For someone to be found intentional they have to have "intentionally caused their homelessness" an intentional act which they were fully aware of and understood would cause their homelessness.
for example , i quite ironically worked for the authority in that very department for 5yrs. I was made redundant due to a period of illness which resulted directly from the breakdown of a very violent relationship. I could not afford my mortgage payments on income support, mortgage payment protection would not pay out. I lost the house. That is not an intentional act.
Deciding not to pay your mortgage / rent because you wanted to go on holiday , buy designer clothes etc etc IS INTENTINAL. as you would have otherwise had the money and would have been able to afford to remain.........
see , HUGE difference. I would deffo reccomend SHELTER , homelessness hate them and will certainly be shaken into place by their presence.
Lyns
"Life is generally something that happens elsewhere" (Alan Bennett - author and one of my best heroes!!) |
Edited by - Housing on 07 February 2010 14:08:44 |
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ONK
Junior Member
135 Posts |
Posted - 08 February 2010 : 08:44:10
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i would also suggest getting the following "paperwork" together in prep for your homeless application , they are bound to ask for it at some point, so if you present them with it at 1st interview it will save time going back and forwards.
They will be asking you to complete a "financial statement" - not as scary as it sounds. Asks for your income / expenditure so as they can calculate the difference and see if you can afford to remain. Make sure you list EVERYTHING. They will want proof of everything you write down. If its shown on bank statements then give them 3 month worth. Letters / bills. anthing that confirms what you have written.
If there is a defecit at th en of each month they will enquire as to why you live somewhere you cant afford. Have your answer ready for that.
eg, when i moved in it was affordable to me , since then have lost my employment , made redundant , no longer able to work etc etc
Whatever your story may be. Just has t equate to , i could afford it , something happened which was not my fault , then i could not afford it. Thats non intentional.
Lyndsey
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TROG
Starting Member
United Kingdom
31 Posts |
Posted - 11 February 2010 : 12:14:08
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Thanks sooooooo much for your replies. I have had to use my hubbys password to log on, probs with mine. Anyway we had the house valued on Mon we got it in 2006 for £90.000 and its now worth £87.500 and we owe nationwide £81.000. We have sent the quote off to the or as he asked and still waiting to hear back from him. I know what you have all said ref the housing situation. I have been in touch with her and she wont consider helping us until we have an eviction order. We are not allowed to bid for empty properties before this as we are still in this house. As soon as we have heard back from or I will be in touch. She just doesnt come accross as being the slightest bit helpful. Thanks again xxxxxxxx
Jackie and Trog
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 11 February 2010 : 13:22:05
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Onk & housing
some excellant advice here, i think that this is one of the main threads that people are concerned about when faced with BR and options.
thank you both on behalf of the "distant watchers of the site"
is it worth asking Skippy or one of the administrators to put this question in a hot topics area
regards Richard
An excellent idea Many thanks for the suggestion
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 11 February 2010 : 14:05:08
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Thanks Richard P - a note is now in my diary to send you a birthday card and a Christmas card for your kind words!! (joke!)
It is very nice to have feedback when posts/advice is useful. Not for any glory, but to assist someone who is really getting bogged down and to see a success coming out is encouraging.
It is so easy simply to see fog ahead when you are down... I am back to being Billy Graham again! (those of you who are old enough...)
It is also good to see another housing person posting some excellent advice and I hope that you keep doing that ONK
I also hope that you get some work soon too ONK - remember Inside Housing Journal is out tomorrow and can be viewed online (I think I posted the site last week)
I agree that it is one the biggest issues with BR and money problems generally as we all need somewhere to live and the prospect of losing your home must be devastationg.
Sadly, over 30 years, I have seen throusands of repossessions of tenants and owners. Many could and should have been stopped - a bit of advice and a point in the right direction...
I am pleased that I have also saved a fair number from being repossessed
I have seen all sides of the arguements for and against eviction and am convinced that the majority do not set out to get into arrears - repossession for reasons of anti social behaviour is an entirely different matter - but even there, there are symptoms and stresses that may lead the household to despair - but hey, I am not on a conference platform speaking on housing issues today... I am just doing my little bit to assist my fellow human beings!
Happy to be on as a "hot topic" if Skippy and admin feel it is right.
Best regards, Richard
quote:
Originally posted by Richard P
Onk & housing
some excellant advice here, i think that this is one of the main threads that people are concerned about when faced with BR and options.
thank you both on behalf of the "distant watchers of the site"
is it worth asking Skippy or one of the administrators to put this question in a hot topics area
regards Richard
"Life is generally something that happens elsewhere" (Alan Bennett - author and one of my best heroes!!) |
Edited by - Housing on 11 February 2010 14:07:01 |
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I got a letter from housing officer, HELP Please
