lose your home lose your kids

[rds60h]

You have been in temporary accommodation for 10 years ?

Were you not put on the priority waiting list at the start of the 10 years ? If not you need to query why that never happened, and as you say the house is a council owned property I would have assumed that it was not "temporary accommodation" as it suited your needs at the time.

The length of time you are housed in temporary accommodation does not have a determined length of time but "You can live there until the council arranges settled accommodation for you or until you find a place you would prefer to live." That quote is from Shelter.

It appears as if the council has not made any effort to find you "settled accommodation" and therefore are in the wrong, you need to contact the council and question this and if the property you are in is council owned you need to be told why you have never been offered a tenancy.

In the mean time it would be well worth your while contacting Shelter's free housing advice helpline on 0808 800 4444 (calls are free from UK landlines and main mobile networks).

[rds60h]

I think your arguement needs to be that the Council have not adhered to the Law on Housing Eligibility and not so much about your Human Rights. There are Rules and Regulations that apply to how, when and what housing is given and your Council have definitly not adhered to those rules, this bit alone appears to me to point out that they have not done what they are supposed to do :-

 

The main homelessness duty

11. Under the legislation, certain categories of household, such as families with children and households that include someone who is vulnerable, for example because of pregnancy, old age, or physical or mental disability, have a priority need for accommodation.

Housing authorities must ensure that suitable accommodation is available for people who have priority need, if they are eligible for assistance and unintentionally homeless

(certain categories of persons from abroad are ineligible.) This is known as the main homelessness duty. The housing authority can provide accommodation in their own stock

or arrange for it to be provided by another landlord, for example, a housing association or a landlord in the private rented sector.

12. If settled accommodation is not immediately available, accommodation must be made available in the short term until the applicant can find a settled home, or until some other

circumstance brings the duty to an end, for example, where the household voluntarily leaves the temporary accommodation provided by the housing authority. A settled home

to bring the homelessness duty to an end could include the offer of a suitable secure or introductory tenancy in a local authority’s housing stock (or nomination for a housing

association assured tenancy) allocated under Part 6 of the 1996 Act or the offer of a suitable tenancy from a private landlord made by arrangement with the local authority.13.

Under the Homelessness (Suitability of Accommodation) (England) Order 2003, housing authorities can no longer discharge a homelessness duty to secure suitable

accommodation by placing families with children, and households that include a pregnant woman, in Bed & Breakfast accommodation for longer than six weeks – and then only if more suitable accommodation is not available.

Much more about these Rules and Regulations can be found here :: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/7841/152056.pdf

 

I feel this route would be much more successful than Human Rights, many Councils do not adhere to Parking and Road Marking Regulations never mind Housing Regulations because the majority of the Council Staff do not know the Regulations as they usually only get basic training and/or are only given salient points to work on.

[rds60h]

Why was my last post removed ?

If it was for decrying King12345's supercilious post then it is only fair that his post is also removed because this part of the forum is supposed to be to help people not kick them when they are down !!!!

[rds60h]

What is a Home, do you have your Tenancy Agreement ? If so what exactly does it state as your type of Tenancy ?

When you have this information check out what responsibilities the Council have in relation to that type of Tenancy in the Housing Act 1985.

Here is a link to it :: http://www.legislation.gov.uk/ukpga/1985/68/contents

Depending on which type of Tenancy the Council should have followed certain regulations so it may be worth checking those, because if you have been a good tenant and are not in arrears then the Council should have been offering you a Full Tenancy at some point and certainly should not be treating you as a completely new tenant, because you have been occupying one of their houses for 10 years ! That cannot just be dismissed !!

 

ALSO, have a look at this :: http://www.compactlaw.co.uk/free-legal-information/public-housing/introductory-tenancies.html

I am fairly certain this should have applied to you, and as these people appear to know a bit about it they may be worth contacting.

Edited February 26, 2014 by rds60h
The last section added

[rds60h]

Hi rds60h

 

Yes, this forum is to help people, not to make accusations nor level insults therefore your post was unapproved.

 

In which case the king12345 post should have been removed.

[rds60h]

Good Luck what is a home have a look at post #50 and see if this has any relevance to your case, and maybe a quick line to compactlaw could be helpful.

[rds60h]

As Desperate Daniella says, How did you get on What is a Home ?

I don't know if you looked at my link on post #50 but the relevant part of it is this ::

Introductory Tenancies for new tenants

 

These were created by the Housing Act 1996. They are tenancies which can be granted by a local authority or housing action trust. However, the local authority must have "elected" to operate the introductory tenancy in it's district, in which case it will apply to all it's future lettings to new tenants.

The tenancy does not become "permanent" until 12 months after it starts. If at any time before this 12 month period ends the tenant misbehaves the local authority / housing action trust can get possession.

 

I have just checked my Tenancy Agreement and it states exactly this on it and as 1 year has just passed on mine today I intend to contact my local council and confirm that I am now a "Permanent Tenant". In fact I am about to have another full read through it, because I am sure I saw a sentence that stated "provide the house for life at the agreed rent" which would even put a different slant on the "bedroom tax".