evening all

bit of a long story cut not that short but:

the missus is disabled, i am her full time carer, i gave up wrk 3 years ago to look after her, and as such we live on benefits.

one of these is housing benefit, we are a married childless couple, we have been assesed as having a two bedroom requirement (because of my wfes noisy breathin equipment) I have a letter from the council stating that we have been assesesed and eligible as such.

HOWEVER

we previously lived in privately rented accomodation, (a two bed terraced house)

my local council (northampton) restricted the rent to an allowance for a 1 bedroom dwelling £450 even though my rent was £500.

they advised that this was because under government legislation (they have never been able to give me details of this) they could fund a council 2 bed property, but not a privately rented 2 bed place.

because the old house was full of damp and mould and adaptation was going to be costly the council using their new website "the homechoice" website offered us a new place which was ideal in every way, a bungalow with 2 bedrooms in the perfect area for lauras care network.

however as this was still privately rented (we were unaware it was private till after we had given notice) we remain ineligible for a 2 bedroom private rental place with a rent at £550, we still only receive £450.

can anyone direct me to the legislation that the council refer to as they are unable to?

can anyone explain this to me?

they would pay the entirety of my rent if i had children, or if the place was council owned, what i cannot understand is why they refuse just because it is privately rented?

btw the rent £550 falls within the acceptable amount for 2 bed homes in northampton, so its not that the rent is excessive.

Sounds like the bullplop my sister had, first up make sure you appeal against the decision, secondly there is now a system adopted by most councils that allows for regional variation in rental amounts.

However my sister had issues simply because the clerk processing her application entered amounts weekly that should have been monthly, took 2 months to sort out.

For pro advice though you need Steve Austin who posts here, gave me some excellent advice some time ago (thankyou SA) and I believe works for Citizens Advice.

CAB!!

Its all to do with eligibility for rooms and how much they think they can get away with. Have you sought professional advice?

I'm happy to give you general advice, but you will probably need to legally challenge this, and for that you'll have to meet people.

Glad I was helpful Ziggy

If you phone any customer services dept at any Council you will be given the 'commonly' thought out rules
You will see on LHA direct that disabilities are not taken into account at all.
https://lha-direct.voa.gov.uk/Secure/Calc.aspx

to be honest every time i phone the council i am given different responses,

from

"dont worry next time you apply the new rates will in and your rent will be increased"

"you arent eligible, thats final"

"you are eligible, thats final"

" the government/rent officer/LHA/your local milkman restricts it, its nothing to do with us"

I have spoken to the department head who advised that the situation is regrettable (he stopped short of saying it was illogical) but not a decision local government can affect.

I asked him what the legislation exactly states and where i can read it, he didnt know……

I can apply for a Discretionary Housing Payment (and will, and did at the last place for 3 years) but it seems a bit silly to fill in a form, the council then send a letter to tell me they've got it, 2 weeks later a letter telling me they are looking at it.

2 weeks from then they send me the final decision letter. then 2 months later we do the whole thing again, with identical info, a further 3 letters.

why not just pay my rent?

rant over

steve austin, thanks mate we have spoken before me thinks…..

i have appealed, we won, and we have a written statement of our eligibility for a 2 bed property, the council just wont pay an outside organisation….. its insane. especially as they offered us the property because their council stock is so low they have to outsource toi the private sector…

I wondered if there was any legislation which stated they have to house us suitably in privately rented accomodation if they cannot do it in council housing (i thought there was something to this effect?)

also specifically which piece of government genius legislation orders this kind of money wasting process (sorry starting to rant again)…