Is this an offence?

[Planner]

We've heard nothing more from the landlady - and the letting agent have written saying they do not condone this behaviour.

 

On a separate note, because we are 4 weeks behind in our rent - my cheque bounced because of bank charges - they have told Housing Benefit, sorry, Local Housing Allowance people, that they are demanding the LHA be paid to them. They didnt like it when I said that the period is 8 weeks arrears before they will do anything, by which time I would HOPEFULLY have sorted something. Cheque only bounced because of bank charges!

 

Been to the homeless section, and due to a rather complicated situation, neither place I need to put in my homeless application to will help at the moment. I'll put that in another thread as I could do with some specific help with that that I think may get lost in this thread!

 

But no closer to ACTUALLY moving unfortunately. Got some conversations going on tomorrow so may no more then.

 

Dont want to alarm you, but it doesnt take 8 weeks of arrears for you to be in 8 weeks of arrears! - let me explain;

 

If you are 4 weeks (one month) in arrears, and rent is paid in advance, then after 1 month and 1 day, you will be technically 8 weeks in arrears. Any good letting agents would know this and serve the s.8 accordingly. Looks like you are lucky in this instance and have a bad agent!

[thekat1979]

They don't need a s.8, they've already given a s.21. It expires in very early February. I'm not too worried if the LHA goes directly to them. But by the time that they have sorted out getting the LHA paid to them, our Notice will be almost up, just creating paperwork etc for themselves really, and probably going to have an overpayment to pay back from when we move out. At least if the LHA gets paid to them, then we may get less death threats! The LHA only covers 2/3 of rent, but at least they are getting something!

[Planner]

They don't need a s.8, they've already given a s.21. It expires in very early February. I'm not too worried if the LHA goes directly to them. But by the time that they have sorted out getting the LHA paid to them, our Notice will be almost up, just creating paperwork etc for themselves really, and probably going to have an overpayment to pay back from when we move out. At least if the LHA gets paid to them, then we may get less death threats! The LHA only covers 2/3 of rent, but at least they are getting something!

 

But, any good agents would now serve you a s.8 as well in case their was any problems with the s.21. Just because you have been served a section 21 expiring early Feb, doesnt mean you have to or are going to move then. You could quite easily stay on and it would then take them another month or two to apply to court for your eviction.

 

After service of a s.8, they only need 14 days before they can refer the matter to court to get you evicted. Again, its lucky it a poor agent!.

 

Are you planning on leaving when the s.21 expires?

[thekat1979]

We are leaving as soon as humanly possible! Arguing with 2 councils about who will take our homeless application. As soon as that is accepted, we'll be out as soon as we possibly can!

[Planner]

We are leaving as soon as humanly possible! Arguing with 2 councils about who will take our homeless application. As soon as that is accepted, we'll be out as soon as we possibly can!

 

So not necessarily when the s.21 expires? you may stay longer?

[thekat1979]

We may not have any choice. I cretainly hope to be, but if the council say we have to stay for a bit longer we have nowhere to go, but certainly will be going.

[Planner]

We may not have any choice. I cretainly hope to be, but if the council say we have to stay for a bit longer we have nowhere to go, but certainly will be going.

 

Okay. Just keep in mind that while it seems you have until early Feb and longer if necessary, it only SEEMS that way. If you have now missed 2 rent payment dates you are 8 weeks in arrears (even if 8 weeks havent passed) and you can be served with a s.8.

 

I would suggest you try and pay an amount of rent to bring your arrears under 8 weeks, that way a s.8 for rent arrears cant be served,

 

Good luck.

[thekat1979]

There is no way we can afford anything to get under 2 months. Will just have to deal as and when unforuntaely.

[reallymadwoman]

I hope by now that you've spoken to Shelter and they've helped sort this ridiculous problem out, as that would have been my advice.

[jackieandwayne]

You are to become homeless in Caerphilly, and you are in priority need, and not intentionally homeless. Therefore it is Caerphilly's responsibility to carry out the investigation into your homeless. It doesn't matter whether you have lived there for 10 days or 10 years. They will have to accommodate you for up to 28 days if need be after your homelessness occurs whilst they investigate - probably B & B unless they have hostel type accommodation for this purpose.

 

However, if they then decide that you have no local connection, they then have to research to see which LA does have that responsibility - as you say its probably Cardiff as the next port of call. Your Housing Advisor at the council should help you with all of this, even to the point of providing your family with a rail warrant to get to the area of the country where you will be accepted.

 

Now, if you have lived in Caerphilly for 6 months then to my way of thinking it IS Caerphilly who have to pick you up as you have established a local connection. Have you any family (however remote) in this town? Do any of your family work in this Town? Do your children go to schools in this Town? Do any of them have special needs and are doing well in the Caerphilly School? (ie., would be very disruptive to that child to have to move). Also consider your original reasons for moving from Cardiff to Caerphilly, as those reasons may make it unreasonable for you to return. (D/V, fear of violence etc).

 

At the very least Caerphilly should be helping you find private rented by way of rent in advance etc.

 

And yes, always go to Shelter if in doubt, they are the dogs whatnots of housing advice and they have teeth and use them on LA's!

 

Good luck - whatever, someone somewhere will have to house you because you are becoming homeless through no fault of your own.

[thekat1979]

Caerphilly have been adamant all along that it is 9 months in the last 12 in order for me to be considered as having a local connection. Everything I have read says its 6, so when our notice expires, it would be Caerphilly.

 

It makes more sense for us to be housed in Cardiff though as we have no family in Caerphilly, we don't work, we have no children. We are considered priority need on the basis of both myself and my partner being disabled. All of my family live in Cardiff area, no remote family that I know of here. Because of the death threats by landlady, we are keen to get out of here ASAP.

 

Have spoken to Shelter and they have said that Cardiff COULD tke my application directly, but have made me an appointment for a drop in session on Monday to see them and talk it through and get legal adgice. The awkwardness in this then starts becaus apparently Shelter ony have funding to deal with issues with Caerphilly, not Cardiff for some reason. Something to do with lots of solicitors in Cardiff or something. Will know more on that come Monday I guess. 29 days until my notic expires as of today. Fingers crossed someone helps soon!

[thekat1979]

Caerphilly are just outright refusing to take a homeless application, and wont give me written proof of this. Grr!

[Lula]

have you tried ringing them and recording the conversation, it is legal and it would be taken as evidence in court.

[CASA]

You can provide evidence of varying physical and or mental abilities this makes you a vulnerable person under the 1996 housing act (homeless) your support network is in Cardiff, so there is precedent in law for you to be housed there.

If one or other of the councils refuse to take your application – this is illegal they have to and when they do take it you have a right of appeal if they refuse you there are specific time limits to refusal of application your appeal / response etc- put in a letter of complaint and send a copy to the director of housing, suggesting that if the matter is not dealt with in a correct legal manner you will contact the government ombudsman.

Then see what happens.

[CASA]

You can provide evidence of varying physical and or mental abilities this makes you a vulnerable person under the 1996 housing act (homeless) your support network is in Cardiff, so there is precedent in law for you to be housed there.

If one or other of the councils refuse to take your application – this is illegal they have to . when and if they do refuse your application you have a right of appeal, there are specific time limits relating to appeals these MUST be adhered to by both parties.

I also suggest you put in a letter of complaint and send a copy to the director of housing, suggesting that if the matter is not dealt with in a correct legal manner you will contact the government ombudsman.

Then see what happens.

[jackieandwayne]

I cannot believe what I am reading here! If you go to the local authority anywhere in UK, you have an absolute right to make a homeless application to them - they must give you the form. Only after you have completed the form and handed it in to them can they make a decision! That decision may well be a simple "bugger off" - am I allowed to say that on here? However, they must give you the form.

 

Do you know what I would do? Go and sit in their reception, peacefully and quietly, having told them on arrival you want a form to make a homeless application. You sit there until they close and then refuse to go until you get the form. I'm saying not to cause trouble because they will have to call the police to remove you and then you can show them up. Don't let the security guard force you out either, he has no more rights to manhandle you than the water dispenser in their offices!

 

Keep a tally of how many trips into Cardiff and back you have to make over this nonsense too, how dare they make disabled people run around Wales like this! (Ok I know your area like the back of my hand - relatives in New Tredegar - and I know Caerphilly is not so far from Cardiff, but nevertheless, what an inconvenience to you.)

 

And just to give them something else to do, report this landlady to their legal services department - its the local authority that deal with illegal eviction and harassment in this way - death threats indeed - who does she think she is? Whats her address? I'm up that way in two weeks - I'll educate her for you! (That WAS just a joke by the way!).

 

Good luck and I hope you get what you need out of all this.

[CASA]

There is no problem sitting in reception so long as you do not have a tenancy, the council one again has an obligation to assist under the 1996 housing act, you will be treated as an emergency case, even if you walked into a police station the council should have after hours emergency housing officers who can deal with you and your plight.

 

Emergency accommodation would probably be a B.B or a hostel, sometimes it is private rented accommodation.

 

You have to prove you have nowhere to reside legally, I assume your benefits are paid into an account and you have no legal tenancy, if you reside with friends or a family member and there is no housing benefit being paid for you and your families accommodation... there is no applied or legal tenancy.

The housing authority has to take the application as several of the housing criteria have been met to do so, the government in their “wisdom” have made it far more difficult for people to move around the country and seek statutory social housing.

[CASA]

The housing authority has to take the application as several of the housing criteria have been met to do so, the government in their “wisdom” have made it far more difficult for people to move around the country and seek statutory social housing.

 

if you are being threatend with harrssment then the council should have a private tenancy team to deal with this, death threats are

Obviously a criminal matter and should be reported to the police accordingly, speak to the vunrable persons officer as well

[Zamzara]

As the others have said, a local authority cannot refuse to accept an application.

 

Also, the local connection test can only be used to refer the application to a different local authority. They cannot completely turn down an application on that basis alone.

[thekat1979]

UPDATE

 

Had a meeting with Shelter on Monday. They said both Caerphilly and Cardiff are acting wrongly in not taking my application. They aare concentrating on Cardiff's wrong though as they are who I wish to be homed with.

 

Shelter spoke to their solicitors, and have been told that legally Cardiff SHOULD take it, but when the lady from Shelter spoke to Cardiff homeless, they are still adament that they cannot take it without a 213 referral. Caerphilly still saying 'no' as apparently Caerphilly has experience of Cardiff then saying 'not taking it as you have applied to Caerphilly' even though they have originally said all they need is the referral.

 

Anyway, Shelter and Cardiff argued over the phone and Cardiff have now gone away to speak to their solicitors and will be contacting Sheter tomorrow. They have been warned that Shelter will launch a judicial reveiw if they still say no. If tomorrow they do sy no, then the solicitor is going to send a letter warning them that a court application for judicial review will be launched soon. Not sure on the timescale with this as obviously not a solicitor.

 

Hopefullly, the letter will be enough to jerk them into action, I'm not sure though, we'll see. I have 24 days until the Notice expires. Hope this all happens fairly quickly!

[CASA]

Cardiff are acting illegally, English law still prevails in Wales relating to housing!

It will be interesting to hear what their response will be.

[thekat1979]

Will post on the response tomorrow when Shelter ring back. I hope they just agree, I don't want to be causing all this fuss!

[thekat1979]

Got a call from Shelter stating that Cardiff have spoken to their solicitors and will now process my homeless application. YAY! I'm really glad as I really didn't want to have to fight this on top of everything else!

[CASA]

Great News good luck for the future

[thekat1979]

Got an ongoing issue with homelessness, and have fallen behind with rent - currently owe approx 6 weeks, but we hadbeen served with a section 21 notice already, which is due to expire beginning of February.

 

Anyway, had probs with death threats and pizza deliveries ever since the the notice was given.

 

Tonight, quarter to midnight on a Saturday night, there is a knock on the door, someone claiming to be from 'Credit Collection' here to remove goods for money I owe to 'creditor' for rent. That I had to open the door, that he had a letter he could give me and that if he had to post it it would cost me a further £50. Hmm! Partner is telling him at this time of night he doesn't think he is anything to do with anything basically and tbe bbloke says'my name is Dave and I visit at this time of night to make sure people are in and I'm here to take your goods because you've not paid your rent'...OH asks for hismobile number he initially gives it freely but we didn't quite catch it. He refused to give it again, and said he was 'going for a munch' stating that he would be back in a bit to 'chat to us' and that he'd rather do it face to face! LMAO I can't believe this!

 

At the same time as my partner is talking to him, I'm on the phone to police saying what is happening and they initially said that it wasn't a priority and that they wouldn't send someone out. I explained that both my partner and myself are registered blind and that they are threatening to put things through the door, they FINALLY sent someone, but the boke had gone by the time the police got there. They'd turned the local CCTV onto my house while I was on the phone, literally 30 seconds AFTER the bloke said he was going for something to eat!

 

Police come in, and said that because we were late with our rent the landlady had a right to be sending debt collectors. I said it was wrong to be doing it at this time of night, and they said no they can do it whenever they like, and that the £50 was probably an admin charge! They definitely sided with the landlady even after we described all the other stuff that has gone on...there advice was that it was a civil matter and that I should take it up with my landlady/letting agent on Monday morning!

 

How frustrating! Going to sleep downstairs tonight and every night until we leave! Wat is really frustrating is that we have an application for homelessness in, but they say, despite what we are experiencing that we are in no danger at all, so they will probably make us stay here AFTER the notice expiresunless the police give them written confirmation that we are in danger but because we are both registered blind so can't psotively ID anyone and they haven't been caught on CCTV and it is all therefore hearsay, the police wont provide any information to the council saying we are experiencing anything at all! AARRGGHH!!