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Being rehoused by the council

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badhorsey | 12:11 Tue 21st Aug 2007 | Home & Garden
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Hi all,

I've inherited a tenancy from my mum following her death. I'm living in a two-bedroom house and the council want me to move to smaller accomodation. I really don't want to do this - it's been our family home for 25 years and the only home I've ever known - but the council are having none of it.

As I understand it, the council have to offer me suitable alternate accomodation, which probably means they're going to try and shoehorn me into a sink estate. I believe they have to offer three properties after which they can go to court to reclaim the one I'm currently occupying.

Can anyone advise what happens then? If the court find in my favour, well and good, and I guess I can still stay there. If not - do the council still have to rehouse me or am I then homeless?

If anyone can give some advice on what is an extremely stressful situation, I'd be very grateful.
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I can almost guarantee the court will not find in your favour.

I strongly recommend you change your attitude and look forward to new beginnings, as hard as it may be.

You have not been offered accommodation on a sink estate and you don't know that you will be. You could be a bit more pro-active and tell the council where you would prefer to be moved to. There must be some 'better' estates with smaller homes in your area.

Unless you are classed as vulnerable because you have special needs the council really do have the law on their side.

Perhaps you would prefer to find your own home -private rent or through a housing association.
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Hi Ethel. Do you work in social housing, or have you had a lot of experience in the courts' procedure? Thanks for your answer and insights.
I am long retired, but do know a little of housing procedures.

Sadly, council stock is severely depleted nationwide and they are obliged to make best use of the properties they have.

The tenancy agreement always has a proviso for rehousing due to under-occupancy, so it does form part of the terms and conditions.
It is very sad when this happens, however, it is not your home, you parents merely rented it so you are no different from any private tenant, and can be given notice to vacate when necessary. I would discuss your options more closely with the housing office, sadly I am sure their patience is tried to the limit these days so they are not very helfpul when they could be.
a man down the rd from me lived with hes mum when she died they wanted him out .. they never did get him out he still has house 6 years on good luck
Hi badhorsey
It all depends on the tenancy agreement. Is the house a disabled house or a sheltered house?
Did you have your name down on the agreement as a joint tenant ?
Have you discussed your situation with your Housing Officer?
Without knowing the tenancy agreement it would be hard to advise you!
Are you the same person that had this in a few weeks ago, I had a problem with the council I had to move out as property was tied to my job they offered me 13 houses before I moved.
Have you been to the ombudsman regarding this. I know a vast amount of people on their own living in 3 bedroomed property. I have had a problem with the council now regarding a right of way I saw 3 solicitors my m.p. and the council stood firm, but the ombudsman sorted it.
Hope this helps write to ombudsman you have nothing to lose and you may be able to stay if you won. Every case is different.
mt 2nd cousin's mum passed, he applyed for her council house to be transferred into his name as he HAD been living there previously. he used the fact the phone bill was in his name at that address, he was sucsessfull and now lives there
I used to be on the management committee of a Housing Co-operative and our understanding was tenants were allowed to have One bedroom more than they needed... And the three property offers is usually for people that have nowhere to live .. You are shown 3 different properties and if you don't choose one - you are put down the list for 18 months before you are offered any more... As they assume by your refusuals you can't be that desperate... What about getting a lodger? this is allowed now by councils..
Another thing..... this happened to a friend who was homeless and they offered her this awful flat on a sink estate (broken toilet - smashed doors etc.,) and said basically thats it or nothing - She got onto her local MP and councillers, and they fought her corner for her and she was offered something else that she took..So don't give up...We have people on our co-op alone now in 3 bedroom flats and we took the decision not to move them as they had been there for so long... its a pity councils are not like this..
Sorry its me again... you could always do an exchange with another family... you take their one bedroom (that you have seen and like) and they have your 2 bedroom (that they need) - All councils have huge exchange lists in their housing offices..with people downsizing... its easier for you going into a one bed... and you don't have to stay in the same borough you can literally move all over England and its something the councils are quite happy to let you do...

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