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madness12
New Member
United Kingdom
52 Posts |
 Posted - 13 August 2010 : 20:14:13
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Hi,
My husband and I went B/R last Sept and was E/D in May we did purchase the benefical interest on the property with the aid of my mother, but we have decided to sell the house with little or no money to come back. We have looked at renting privately but the rent is either too high or we are being rejected by the agents / landlords due to our credit rating, does the council any legal obligation to house us??,any advise on how we can get round this |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 14 August 2010 : 09:24:03
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Hi
I have been away for the week - I will look at your situation over the weekend, Richard
"There are no problems - only solutions" |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 15 August 2010 : 00:11:23
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Hi
From my understanding the council have no obligation to house you because they may take the view that you "intentionally made your self homeless" by selling your previous house.
any mortgage shortfall from the sale of the house will fall into the Br even though you purchased the BI. However solicitors costs and estate agents fees are post Br debts so would need to be covered.
The best way to rent would be to rent privately rather than with an agent - they rarely think outside of the box - and if you can pay 2 months upfront then private landlords rarely mind provided you are honest with them
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
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madness12
New Member
United Kingdom
52 Posts |
Posted - 15 August 2010 : 09:17:09
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| Hi Paul - Thanks for the information, so if we make a small profit from the sale of the property do we have to declare that to the O/R? or are we allowed to keep the funds?. I was under the impression we could do what ever we liked with the property once we where E/D? |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 15 August 2010 : 09:36:07
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if you are discharged and have purchased the BI then you can do as you wish with the funds.
However if there is a loss on the house then the loss will still go into the bankruptcy.
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
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Jane.l
Average Member
511 Posts |
Posted - 15 August 2010 : 11:34:55
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| I still managed to get a council house even though we left our house to be repossessed and went bankrupt. I think it depends on your area and how strict the council are, you can always try, I think we were very lucky |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 15 August 2010 : 14:04:42
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I agree with Paul that it will probably be better to rent privately. The other option is to ask the agencies if they will accept you with a guarantor (if you have one). My friend is a discharged BR and she was able to do this.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 15 August 2010 : 16:47:59
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Hi
I am currently a head of a local council housing department on a consultancy basis and say the following which MAY assist you:
The Council could possibly view you as being intentionally homeless. However, they may still be able to assist you as you fall into one of the priority need grounds - i.e. for example that you have a health graound, or young children
They need not view what you did with the property as being an intentional act - particularly as you only had a small windfall after sale.
I suggest that you make an appointment to see the head of the homelessness team of their deputy and put your case. They may be able to prevent you being homeless by assisting you to find a private sector property and pay the months rent for you and give the landlord a bond (or undertaking)
Please do this this week and be strong. Or, you could go to Shelter or a Law Centre for assistance. They could link to the council and advocate for you.
Post back and I will respond - do NOT give up though
Richard
"There are no problems - only solutions" |
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madness12
New Member
United Kingdom
52 Posts |
Posted - 16 August 2010 : 21:12:50
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| Hi Richard, Thank you for the advise we have asked the council to send us forms to complete, I do hope they will be able to help us I am being made redundant as well and the work locally isn't that great hardly nothing actually...I also have an elderly mother who I need to visit most days as she is disabled..We do have 1 child in the relation who is 13...but lives with her mother. |
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madness12
New Member
United Kingdom
52 Posts |
Posted - 06 September 2010 : 18:06:11
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| Hi Richard, I wonder if you can answer a question for me i have filled in the forms sent them back stating i am being made redundant and we were made B/R and we are unable to apply for credit i have also used my ill mother as its a different council we are applying too...but they have asked of proof of residancy??? is that passport or proof of where we live |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 10 September 2010 : 23:34:10
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Hi
Sorry, I have not looked on the site for a few days.
The council will need to know your nationality to check your status and they will require a passport or driving licence or proof of payments for a council tax, water etc
Let me know how you get on Richard
"There are no problems - only solutions" |
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Topic |
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Housing query - Council
