Council Support

[LilacShaker]

Hi

My sister had a house with her ex partner. Whilst together he cheated on her and they split up. She fell pregnant with someone else. She is also the carer for her younger brother.

Her ex purchased her half of the house and she was made homless due to having no where to go.

The council have put her in a motel currently and they are now saying she made herself intentionally homeless by leaving the house but due to the volatile environment she left to focus on her brother and pregnancy

Does anybody have any advice on this?

Not enough information for starters.

There are 5 tests that the Council apply to satisfy that they have an obligation to re house her.

1. Homeless - seems to pass that
2. Eligible for assistance - is she a resident of the UK with settled status (simplified here)
3. Priority need he is pregnant- so yes
4. Intentionally homeless
5. Local connection.

It sounds like the fact that she decided to leave a place where she lived
voluntarily, is the issue. Did she receive any money from her ex, and did she agree to vacate.

She should go to the CAB with the decision letter ASAP because the motel will tell her to leave pretty swiftly after the councils formal decision.

Am not sure they are wrong in law because she gave up her home. But that can be a complex argument.

So she had a joint tenancy but gave it up to ex so he bought the whole property at a discount and freezing her out? What an idiot. What security did she get out of this? None it seems.

She was advised by council to help her she would need to come off the house so she did that. Her ex paid her a small amount. She just wanted to leave as it was a volatile situation

Does she have a record of the councils advice as that is crucial.

Yes all in emails to be on the register they said she cannot be a homeowner

The rule on being homeless in more detail is that you have no place where you have a right to occupy. So from what you say that is what they stated in e mails, which would be correct.

So unless they specifically told her to give up ownership of the place she had a right to occupy, ie the jointly owned house, before they could consider her application, she has a problem.

If. The e mails only stated what you said above, then she will be found intentionally homeless i am afraid.

So she will need to find alternative accomodation.

So as a homeless person pregnant and with a child there is nothing the council can do?

There is nothing the Council can legally do, if she is deemed intentionally homeless.

Is her brother the child? Is he living with her at the motel, and ordinarily resident with her?

If so then she needs to go to Social Services for assistance.

Is there a reason (some other vulnerability) that means, she cannot secure her own private tenancy?

This info might help.

Is the brother currently living with her? Or does she just claim carers allowance?

Forgot to say that the Council will have an obligation to assist her in locating housing (deposit scheme etc) She needs to talk to housing options .