Social Housing Nightmare!

[LKAO]

Hello lovely folks :)

I'm 50% owner of a 3 bedroom semi detached house, with my ex partner.

He has left the property some time ago, I have since lived in it alone.

I have a terminal neurological disease, and heart conditions which affect my mobility and everyday life.

I had an appointment with an occupational therapist from the local council, who advised the house is a death trap and not suitable for me. She advised I apply to my council for a bungalow, and she filled in a housing assessment form for me stating I needed a bungalow.

I have since applied to the council, supplying the form and supporting evidence.

The council are refusing me a bungalow because, I am handing over my 50% of the house to my ex partner for free and receiving no pay out.

I have explained to the council, the house has no equity in it, and my health and safety is more important than any funds I would of received.

The lady at the council said, "You could have got a payout and found somewhere to rent"

They are accusing me of making myself intentionally homeless, which I won't be as I would move back into my parents on the sofa.

My father is on end of life care, and my mum is disabled so there's no room for me in their 2 bedroom bungalow.

The council are insisting I have another occupational therapists form filled out at my parents home.

I'm just up against a brick wall, here can anyone please advise!

Hi OP, first of all I’m so sorry to hear about your diagnosis.

Second though, the council are right. Because you are a home owner who would be essentially walking completely away from that home for £0, you are classed as making yourself intentionally homeless.

You say that your home has no equity in it but I can’t see how that can possibly be the case, did you not put down any deposit? Have you not been making mortgage payments?

You cannot just hand over the house to your ex for free and ask for a council house, it comes under intentional deprivation of assets and you would be making yourself intentionally homeless for the purpose of getting a council bungalow.

Your health and safety is absolutely crucial but from the councils perspective, they may have 10 bungalows for example and 30 people who for health and safety reasons require one including you. From their perspective the other 29 people may not already own property or have any money/any way of getting the money to rent or buy somewhere else suitable and so it is them who they have to give the council properties to.

It’s a case of playing the game unfortunately, you need to negotiate selling your “share” to your ex partner or agreeing with them to sell the house and split the equity and see where you are at then.

Hi,

Thanks for your reply,

I have been making payments, but the house is in huge negative equity due to the price falls in my local area.

I have no substantial funds.

We have only owned the home for 1 year, into our 35 year mortgage.

If you have only been in the house for 1 year, unless half of it has literally fallen down, then it will not be in huge negative equity as it is very very rare for house prices to drop that dramatically in such a short amount of time, unless there have been serious structural issues in the mean time. Plus factoring in the deposit you put down for the mortgage.

Before the council will house you, you will have to sell that house or your share of it. Whether that looks like your ex buying you out or whether that means selling the house altogether and dividing up what is left, the bottom line is that the council are not going to house someone who already owns a house or who gives their house away for free as this is making yourself intentionally homeless & intentional deprivation of assets.

Are you sure your house has dropped in value? That would be very unusual over the last year, just about anywhere in U.K.

If I sold the house would the situation be different?

Each council has its own rules, but once you do not have a home you can use the funds to rent somewhere appropriate in the meantime, or live with your parents if you prefer. You can then apply to be placed on the list for a council bungalow, most councils work on the points/banding system so that dictates your need and how long you will be waiting and the council will then offer you somewhere once it’s “your turn”.

Sell the house and look to rent a bungalow.

Sell the house and go back to the council with the proof that you have no equity from it. Then they may well be able to house you. You won’t get anything as a home owner

Rules and Guidelines will vary from area to area. You have a diagnosis, and a therapists report on what you need in terms of housing, and as soon as possible.

Go to the top, as in Director of SW/Housing, attach all the information, and copy in your MP and councillors. Arrange to see them asap too. Get as many people onside as possible and MAKE A FUSS. Keep on doing so, that is the most likely way to get the support you clearly need. If you don’t yet have a Social Worker refer yourself too. Get advise re your current house, and do as advised but keep going with the application for publicly owned housing.

Hi thanks all for your comments,

I will continue with the transfer of equity, I will continue to kick up a fuss.

I live in Nottinghamshire, and house prices have fallen quite rapidly here.

I owe £141,000 and the house is valued at £140,000 that's how dire the situation is if it was sold.

My ex and I would owe the bank.

Once the transfer of equity has gone through, I'll be leaving the house and moving back into my parents on their sofa.

My OT is then coming out, to do another report...to send to the council.

Can't understand the logic of them.

Get the house on the market or sell to you ex at market price, he would need to take on the mortgage and if there's no equity you need the paperwork to prove it (valuation from 3 estate
Agents all stating the price is below the total mortgage. At this point you are not intentionally homeless

No OP you cannot just “give” your half of the house to your ex for nothing. You will not be housed under those circumstances.

You MUST either sell the house OR your ex needs to buy you out your “share”.

If you just give your half away then you will be intentionally homeless and the council can & will wash their hands of you.

As an aside, have you checked your life insurance policy? You may be entitled to a pay out.

My ex isn't in the financial position to buy me out, he has been cleared by the mortgage company to take on the mortgage and house in his sole name.

How can I be intentionally homeless when the house isn't suitable to me?

Thanks.

If you were in council housing already then the house not being suitable for you would be enough, but because you are a home owner you have to jump through the hoops if you want council help because their argument is always going to be that you could buy or rent yourself a suitable house.

The only way you are going to be able to access council support is by selling, not giving away, the house. So whether that looks like selling it completely or your ex buying you out, that is the options.

If you give the ex the house for £0 then you have voluntarily walked away from your home and thus are intentionally homeless.

Rent the house out and with the income from the rent you could rent a one bed ground floor flat or bungalow.

1000 negative equity is not "huge".

On 140k house it s barely 1% . But yeh you wont get anything by selling.

Can you rent a bungalow and claim housing allowance? Why does it need to be social housing? Are you claiming pip etc that you entitled to ?

OP, things sound really hard for you but you will be in trouble if you proceed as you have planned.

Putting the house on the market and seeing what offers you get is far preferable to giving it over to your ex - it benefits him hugely but it disadvantages you massively, as you've been told clearly by the council.

If it sells for nothing more than the amount that pays off mortgage, then presumably the council will house you? Since then you haven't given away your assets?

It's important to stop and really consider what's best for you now. You desperately need a safe home but won't be eligible if you gift the house.

Regardless of whether you agree with the council's policy, those are the facts - don't ignore them.

Thanks for all your comments,

I'm going to sell the home hopefully we don't suffer a huge loss, but then the council will have to help me.

Thanks,