Hi, my name is NeedsMust! — Scope | Disability forum
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Hi, my name is NeedsMust!

NeedsMust
NeedsMust Community member Posts: 2 Listener
edited September 2023 in Start here and say hello!
Hello, Just joined, looking for advice and maybe share some!!

I have a situation with LHA whom have deemed my refusal to move into temp acc as a means of canceling all of my HB CTR, even though i agreed with my housing officer that all benefits would continue seeing as we were only a few weeks away from me moving into a flat provided by them under part 6 or 7??

The agreement with my housing officer was to enable myself to pay for my friends property after he graciously offered it when it became apparent that the b&b offered by the council after my eviction did not allow guests and therefore they told me it was not suitable because i could not have my children stay there with me. My friends offer was the only way i could get a roof over my head as the council had zero options other than the b&b which they said was not suitable.

So roll on 7/8 weeks the flat is ready and i move in, to then discover that i have no current claim fr HB CTR as the council ceased paying me beginning of March a week after being evicted. NIce....not.

I receive IR ESA with SDP, DLA (middle care and low mobility) and did receive single rate person HB. Now i am in the flat i have no means of paying for it...plus i have been paying my friend my HB allowance, when i have not been getting it any more....only discovered this fact when i tried to sort out the rent with Orbit for the flat, which incidentally was
a) unsuitable due to disabilities
b) was uninhabitable due to leaking toilet and leaking kitchen sink, only fixed end of July so uninhabitable for two months

As you can imagine i am depressed, stressed, struggling to keep my everything together. I am now 2k out of pocket because i have been paying me friend for the use of his property, which has gone on longer than i expected and now find myself being told i have to claim UC because i moved out of the LHA, which is simply not true.

I bid on a property in November 2022, evicted on Feb 24th (S.21 served May 22) council B&B not an option, moved into temp acc at friends house( niegbouring LHA), eventually get the keys to flat that i bid on in Nov beginning of May, which is in the LHA i have lived in for the past 7 years, cant live there...still not moved in as no cooker, fridge sofa beds etc....if i had taken up the offer of B&B there would be no break and all would be great...problem is the living with a friend...in LHA next door, which should fall into the same classification as a B&B - as in it does not effect or break your claim for HB CTR.
Have a suitability review going on at present, but honestly the whole saga has driven me to the edge......i have Narcolepsy with Cataplexy which makes life difficult as it is. I fully apologise for the rather long message!!! Should not have taken extra meds lol 

Thanks in advance for any advice Rob 

Comments

  • poppy123456
    poppy123456 Community member Posts: 53,926 Disability Gamechanger
    LHA (local housing allowance) refers to rates for someone privately renting and are claiming either housing benefit or housing element of UC.

    When exactly were you evicted from the first property? When you moved into your friends house did you have a liability to pay rent and have proof of this such as a written agreement? If so and housing benefit were paying this i don't understand why you now owe your friend £2k?

    Sorry for the questions but just trying to understand the situation more before i advise.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • NeedsMust
    NeedsMust Community member Posts: 2 Listener
    My eviction date was 24th Feb 2023, this was HCEO attending and removing me from the property as i lost my possession hearing November 30th 2022 after the judge agreed with my landlords solicitor that the Deregulation Act did make my claim to dismiss S.21 invalid as the council enforcement was not involved in my case in April 2022 when the tiles fell from the roof and destroyed my car on the drive.

    The council did an inspection beginning of Nov 2022 and served my LL with an improvement notice regarding leaking roof, unusable central heating, broken heating pipe in floor, no detector fitted for the open fire etc....LL ignored the notice and continued to evict me......whilst all of this was going on i had my LL daughter, Husband and their two children living in a static caravan on the property (huge farm), which is when i discovered the property had a AGTie, because the council called me to tell me i should be be living there as i did not work in agriculture!! Only lived there 7 years!!!

    Sorry....i am getting off track!

    The week after the eviction and obviously not being able to move into the B&B due to the fact that i have a shared residence order so have my children live with me, making it unsuitable, is when i agreed with my Housing Officer over the telephone that my claim would continue......seeing as i was waiting to move into a property that i bid on in November 2022, a property offered via the bidding system at council, it would be crazy to cancel everything because that property was almost ready for me to move into....which is what i did do at the beginning of May 2023.

    Considering it had taken the council 7 months to arrange this flat for me, i find it quite unbelievable that with only an 8 week gap living at my friends house they have decided to cancel all of my HB & CTR.

    What were they thinking?? I have no idea, but surely what should have happened is that they should have moved me into that flat asap after i bid on it in November 2022. 

    Why did it take them 7 months to sort it out? If i had moved into the flat in November which is when i bid on it i would not have had to go though the possession hearing on my own with no representation, which is probably why i failed to convince the judge the S21 should be dismissed on so many grounds it is quite laughable, if not highly irregular.

    On another note if the council had sorted me somewhere to move too after being served a S21 on 15th May 2022, then none of this sage would have played out like it did. I thought they had a duty to rehome you if you were at threat of homelessness within 57 days - which i was.

    Would me not agreeing all of this in writing with the council give them the right to cut all of my benefits?

    I did not discover this fact until i moved into the flat May 2023, which is when i had to do affordability with Orbit, and debt advice for the 7K legal bill i now have due to me losing my possession hearing.

    This is when i realised that the council had cease paying me any benefits March 2023.....final payment was two weeks money...then nothing else....which has meant that i have paying my friend or was paying him 450 per month, my HB award.....obviously the flat has to be paid for also, so i am still not really settled anywhere, as i have more frequently been staying at my mums, brothers, friends house less of an option now.... he keeps asking me for rent which i dont have)

    Since Orbit fixed the issues end of June 2023, i started moving stuff to flat, but i still have not officially moved in as no cooker, fridge sofa....a lot of my stuff basically got ruined as i couldn't remove all of my belongings from the house before being evicted....i had filed a N244 (twice) but both were unssuccesful, so i only had three days notice to move all of my belongings.....i managed some, and i had started to remove stuff the previous weeks, but after the eviction my LL daughter emptied all my stuff from the house and placed it in the barn on pallets!!! **** would not let me continue and kicked me out at 10am the morning on 24th Feb.

    The whole experience has broken me mentally and physically - i take amphetamine daily to try and seek some kind of normal, which does not cure my Narcolepsy, drugs for Cataplexy and depression, drugs for high blood pressure, drugs for lumbar disc issues and problems......On top of all of this rubbish is the fact that i specifically asked for a property with no bath or stairs, and i have a flat with stairs and a bath!!

    The Housing Officer asked if putting a wet room in would make me accept the property, so i said yes. The solution by the council is a shower head attached to a bath tap - which in my expert opinion is not even a bloody shower.  No furniture will go up the stairs - the fridge delivered last week had to be sent back. I had to dismantle the sofa to get that up the stairs...the only real help have had with all of this is my mum whom has been absolutely amazing, but she is 73 years old and does not need me making her life a living hell, having Narcolepsy makes your life a living hell....i should be settled in a residence of some sort so my Narcolepsy can be controlled to a point. The last year has seen me reached lows i didn't think were possible and its like the council dont give a rats ****......the housing officer doing my suitabililty review has spoken to my consultant who has comfire for her that i am not to be placed in a property with a bath, as it it a potential death trap for a person with Narcolepsy.

    Some part of me just wants the floor to open up and swallow me, because i am now doubting whether the council review will offer me a property with no bath like i asked for....which kinda makes the move into the flat a pointless task perhaps??

    Anyhow....sorry for the long rant again...when my Dex kicks in its difficult to stop typing lol 









     

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