Council Housing

[muriel68]

I'm in a real quandary. Maybe someone can exchange similar experiences?
I'm single, I work in a decent job but don't have a lot of spare cash as I pay child maintenance for 2 kids, who are 9 and 13, they come to stay with me 2/3 night s a week. I've been registered as homeless as I've been staying with my sister (overcrowded) since I split with ex, and been on the council list for approx 5 years. In the last 2 months my uncles flat has became available to rent and he's offered it to me at a very reasonable price(only £50pm more than council rate). It's a good size flat, very central and only 5 mins from my work. He says I can have it as long as I need and can decorate. In the last week, the council have offered me a flat, 2 bed, decent area, but unfortunately the owner on the bottom floor looks like he's running a scrap metal yard from his front garden. It's an absolute eyesore!! I decided to go up and spend time in the street to see what like. He has a large dog he lets run free in the back garden, and there appears to be a never ending stream of totally dodgy looking characters in and out (one neighbour told me likes to keep the close door wedged open to save him bother of answering security phone). 2 of the neighbours on the middle floor (who were renting privately) have moved out in the last week due to the people hanging about and the mess. Have asked the council if anything can be done, but they say as he owns it, and carries out his business within his own boundaries, there nothing they can do. He's been there 18 years. I honestly can't begin to describe the mess..... cookers, doors, cars stacks of tyres etc. Do I take the house as it's with the council (it's nice enough inside by the way) or do I take my uncles house and the insecurities that goes along with private renting? (my uncle is nearly 70, in good health, but nobody knows whats round the corner) I'm losing sleep trying to decide!!

He owns the flat, Melon. Within the law; he can do as he pleases...

do check with a real legal person, but my understanding is that if the landlord dies and the tenant is on a long-term fixed tenancy, the house can indeed be sold but the tenancy is unaffected - the tenant just gets a new landlord. All conditions of the tenancy remain the same.

a tenanted house can be sold at any time, but if there is a fixed term the tenant stays on.

equally - the behaviour of the man downstairs at the council place may be a matter for environmental health. But as mentioned - if he's not breaking any laws, nothing can be done. Which is outrageous for all who live nearby.

The laws and regulations of environmental health apply to every citizen of the uk. It is just the same if you own it . The environmental health are an independant team of officers. Not at all connected to council housing or housing association. So owned or rented privately or council rented it applies to each and every one of us.

Flogginmolly, no one can do as they please.
It takes a bit of gumption on the part of the complainant, but no one can do as they please.
Nuisance is nuisance and it needs clearing up. Either by the owner or if he repeatedly refuses then by action for which he will be invoiced.

Just one thing: You don't say whether you need housing benefit? I think that you can't use housing benefit if you're renting from family.
(apologies if you said/I'm wrong)

It is the environmental health who will sort this for you. Not the council housing people.

The environmental health officers were accompanied by the police to serve a court order on my neighbour this morning. They are prosecuting him after many many warnings. He has to desist from his actions or be arrested immediately.
If he was the owner of the flat then the course of action is still the same. Exactly the same.
Just without the threat of eviction. Obviously.

I would take your uncles flat. I have some experience in this area and if the problem neighbour owns the flat there may be little the Council can do - there are powers they can use that aim to make people tidy up land or stop them running businesses from home or take action if they are noisy but they obviously won't be able to evict him - if the guy is a nightmare neighbour then there are a million ways he could make your life difficult, Councils these days just don't have the resources and often lack the expertise to take effective action.

You are in a very good position re proof. The environmental health officers can see your complaint. It is there every day in plain site.
I spent ages with recording devices in my flat to prove the noise. Then it had to proved it was actually coming from my neighbours flat and not elsewhere.
You are in a strong position to secure yourself a tenancy that you may very much need. Think of your future. We all get older one day and may need a bungalow or adapted living one day. Stay with a council tenancy and you will have all of that.

I think you should speak to the council and explain that a much as you need housing, you don't think it's a safe environment for your children to be around. I think you would be silly to turn down council housing but I get why you wouldn't want that particular place. Speak to the council and explain. Your uncle could change his mind next year then you would be in a worse position.

Only read first page so not sure if it's been said bit life tenancies don't really exist anymore, think it's the localism act 2011(?) So may be worth asking the council how long it's for. Around here it's 6 years for a 2 bed and 9 for a 3 bed then they assess your situation to see if you're still in need.

'Social housing tenure reform
Under the previous system social landlords were normally only able to grant lifetime
tenancies. Sometimes this meant that people acquire a social home at a moment of
crisis in their life, and continue to live there long after their need for it has passed.
Meanwhile there are people waiting for a social home who face much more difficult
circumstances. This was unfair, and represented a poor use of valuable public
resources.
The Government has protected the security and rights of existing social housing
tenants, including when they move to another social rented home. However,
provisions in the Localism Act allow for more flexible arrangements for people
entering social housing in the future. Social landlords will now be able to grant
tenancies for a fixed length of time. The minimum length of tenancy will be two years in exceptional circumstances with five years or more
being the norm. There is no upper limit on the length of tenancy. Councils can still
offer lifetime tenancies if they wish. More flexible tenancies will allow social landlords
to manage their social homes more effectively and fairly, and deliver better results for
local communities.'

Taken from gov localism act housing summary.

Combined with pay to stay - paying 15p per pound you earn over 31k, how you see your career progression, are all also things to consider.

They do in my area. You get one year probationary, then life. I'm sure that will end at some point, but it's the case now.
I would also go and see the housing officer. Or better still, try and get them to meet you at the flat, so you can point out the dangers. Councils are under a lot of pressure to turn over properties quickly, so put pressure on the prospective tenant to take empty places, but if it's not appropriate or safe for a child, you have the right to argue your case.

The council flat is available for a good reason, no else wants to live there.

Your uncle sounds a nice man. Ask him and your aunt for a legal agreement around your long term security for as long as they are willing and see if you can come up with something that works for both of you. There's much to be said for a nice, reliable long term tenant so it's not a one sided benefit.

Good luck.

Your relatives' flat may no longer be available to you when the second of them dies (assuming your cousins decide to sell rather than letting you stay put and pay them rent). Council tenancies may become less and less secure in future, or not secure at all, or you may cease to meet the criteria and get asked to leave. This is obv speculation - no one knows what will happen, so go with your instinct.