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Naveed Khan
Naveed Khan,
Category: UK Property Law
Satisfied Customers: 7
Experience:  Attorney - Freelancer at ELANCE
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Landlord evicted my family from my shorthold tenancy as he

Customer Question

Landlord evicted my family from my shorthold tenancy as he sold the property, went to my local council and they offered my a property 100 miles away in Birmingham which I refused.
What options do I have?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Naveed Khan replied 1 year ago.

Thank you for writing.

What reasons were afforded to you for closing you homelessness application?

Please note that every local council provides help for people who are homeless or likely to be homeless within 28 days. The amount and level of help you get depends on your situation. There is a criteria which the council has to see. If you are entitled they should provide you emergency housing or long term housing.

Regards

Naveed

Barrister

Customer: replied 1 year ago.
Hello,My homelessness application was cancelled due to the fact I refused the property in Birmingham, they said I have no made myself intentionally homeless.I have been living in the borough for over 10 years, however at the time of eviction I was unemployed with 2 young children. But since then I have found work in order to have a strong reason to say and have sent a letter of appeal 3 weeks ago which has not been replied to.
Expert:  Naveed Khan replied 1 year ago.

Thank you for your reply.

Please note that it is unwise to refuse offer given from council. It is very clear when the council is making you a final offer of accommodation. Do not turn this down without getting advice. The council won't go through the homeless application process with you again if you reject accommodation.

The council should make an offer keeping in mind many factors which include inter alia location of the housing. Then council must look at the following factors before offering accommodation:

  • where the accommodation is – it may be outside the council's area
  • what types of accommodation are available in the area – for example, if you need a large home but there's a local shortage of these
  • if it is close to local services, amenities and transport – this could include schools, supermarkets and bus services
  • social factors – if you need to be close to family, support services or special schools

It also has to take into account how you may be affected:

  • by any disruption that may be caused to work, caring responsibilities or education
  • because of the distance to health or medical care or other support that you (or your family) currently uses, or are essential to their well-being – and whether these are accessible
  • if there is a risk of racial harassment or domestic abuse

The council should look at all of these factors and take an overall view of your situation. It should consider the effect that moving to the accommodation would have on the health and welfare of your whole household.

When you refused the offer the council reached a decision that you are intentionally homeless. Note that it is up to the council to prove that you became homeless intentionally and that:

  • you did, or failed to do, something that caused you to leave your home
  • the act, or failure to act, was deliberate or you were aware of what was going on
  • it was reasonable for you to continue living in your accommodation

You have the right to explain your actions to the council in relation to your housing situation.

In your situation, note that where the council decides that you intentionally caused your homelessness, it only has a duty to provide you with short-term accommodation, usually for 28 days.

Ask for a review if you don't agree with the decision of 'intentionally homeless'. You may be able to challenge it.

If the council decides you are intentionally homeless and you have dependent children, you will probably be referred to social services to see if they can help.

Regards

Naveed

Barrister

Expert:  Naveed Khan replied 1 year ago.

May I also request you to rate me for my service. Thank you.