nicolas goss
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Comments (11)
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Comment on: Subletting crackdown to criminalise tenancy fraud
The fraudster’s are not the only ones The government forget that we are not dealing with units of accommodation but people’s homes. People sublet for good temporary reasons.
People sublet the whole who eg have lived in the home for 15 years say in Exeter (country) and
1. Are doing a 2 week holiday swop of their homes with a London family (city)
2. Have got a 6/12 month contract on the black stuff in Germany/ Fort William
3. are a student at Nottingham University
4. have a medical condition/elderly and spend the winter months in the warmth of Portugal which is better for their condition
5. want to go visit for an extended period elderly family while they are alive.
6. Made a mistake while driving a car and someone dies in consequence and serve an 18month prison sentence
In cases 2 -6 cannot afford to pay the rent without the help of subtenants. -
Comment on: Feantsa: ‘UK must stop deporting rough sleepers’
actually maurano, it seems likely u have achieved a permanent right of residence under art 16 of the citizen's directive if u have been living legally in Brussels fri 5 years and if so Belgium cant say u can't have the minimax and deport u on the basis of unreasonable burden. they can only getr id of you for serious grounds of public policy or public security
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Comment on: Feantsa: ‘UK must stop deporting rough sleepers’
actually maurano, it seems likely u have achieved a permanent right of residence under art 16 of the citizen's directive if u have been living legally in Brussels fri 5 years and if so Belgium cant say u can't have the minimax and deport u on the basis of unreasonable burden. they can only getr id of you for serious grounds of public policy or public security
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Comment on: Tenant wins right to keep chickens
No. Rabbits yes.
12 Abolition of contractual restrictions on keeping hens and rabbits.E+W
(1)Notwithstanding any provision to the contrary in any lease or tenancy or in any covenant, contract or undertaking relating to the use to be made of any land, it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:
Provided that nothing in this subsection shall authorise any hens or rabbits to be kept in such a place or in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment. -
Comment on: Housing support fails young offenders
there is likely to be a clear breach of children act duties if children are released from custody without a plan and upon release the likelihood ais that housing owe no duty but that full support is oweed under s20 children act .
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Posts (6)
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Posted in: Tenancy Succession of sibling
sorry1 forgot to say your brother will ahve to live with you for 12 months not as visitor and it be his main home b4 he qualifies a someone who can succeed
sorry2 overlooked not joint tenancy with girlfriend.
if u die she will succeed because brother hasnt lived with u for 12 months . after he can they would choose between thme who succeeds or if they dont the council does
documentation makes life a lot easier and may avoid a court hearing as councils fail to give sufficent weight to witness testimony. especially good are council records eg voter and dwp records and GP. and the absence of contradictory records.
i wont go into advice about homelessness and waiting list except to say
1get advice
2 that councils will say no priority need if they can get away with it and the courts have appallingly given then a very very wide margin. -
Posted in: Tenancy Succession of sibling
sorry1 forgot to say your brother will ahve to live with you for 12 months not as visitor and it be his main home b4 he qualifies a someone who can succeed
sorry2 overlooked not joint tenancy with girlfriend.
if u die she will succeed because brother hasnt lived with u for 12 months . after he can they would choose between thme who succeeds or if they dont the council does
documentation makes life a lot easier and may avoid a court hearing as councils fail to give sufficent weight to witness testimony. especially good are council records eg voter and dwp records and GP. and the absence of contradictory records.
i wont go into advice about homelessness and waiting list except to say
1get advice
2 that councils will say no priority need if they can get away with it and the courts have appallingly given then a very very wide margin. -
Posted in: Tenancy Succession of sibling
11 Assignment s91 HA85
Your tenancy can only be assigned to someone who could succeed you if you were to die.
To be able to succeed on death. They have to be a limited class of relative s113.
Your brother falls within that class.
Secondly the tenancy as to be a secure tenancy at the time and if you and your wife have moved out before the assignment the tenancy won’t be a secure tenancy. 1 will have to not move out until all resolved.
Thirdly it is almost a certainty that it is a term of the tenancy that you won’t assign the tenancy without the consent of the landlord council. So what is their policy?
12 Freedom of Information request
It would be prudent to get a friend to do a Freedom of Information request for the documents in 9 & 10 above and for him to give them to you. The council is obliged to supply within 20 days. -
Posted in: Tenancy Succession of sibling
1. general
law quoted can be found on http://www.statutelaw.gov.uk/
2. assumption
it is assumed you are a secure tenant and not an introductory tenant or a common law tenant in temporary accommodation.
it is also assumed all of you are adults
it is also based upon current benefit law and not what Ian Duncan Smith may change.
2Overcrowding 1
a distinction has to be made between stautory overcrowding and policy overcrowding
3 Overcrowding 2 – statutory overcrowding
see s326 housing act 1985 (the Housing Act 1985).
the 3 of you, as adults count as 3 people.
I assume you have 2 rooms which are either a bedroom or a living room and neither is under 70 sq feet and 1 room is at least 110sq feet. If this is untrue you are statutorily overcrowded and may have committed an offence.
If this is true you are not statutorily overcrowded.
4 overcrowding 3 – policy
You are however overcrowded for proper living standards but that is up to you. It will help transfer points but in the timeframe and the general silting up of transfers in places like Islington is likely to have no impact. However you should seek and obtain a copy of the borough’s full current transfer policies.
5 benefits ADHD brother
brother should get advice as to whether he should be getting ESA instead of Job Seeker’s Allowance and whether he is entitled to DLA.
6 Mother 1–
“disability that prevents her from doing simple everyday tasks” Who is looking after mother. Can she continue living independently . Is she getting all benefits entitled to?
7 Mother 2
what is mother’s status in her home? Is she a secure tenant? Is it appropriate for brother to be with mother in short term to ie at least next 12 months (evidenced ) and for transfer of mothers tenancy to him see assignment beneath
8 brother with you
check your tenancy agreement and tenants handbook. You should find it stated tjhere you have the right to have alodger. Even if it doesn’t say so, under s93 HA85 you have an unconditional right to take in lodgers. You might risk losing your home if it is a crime to take them in ie statutory overcrowding see ground 2 schedule 2 HA85 and also probably ground 1.
9.Moving out buying on mortgage and starting a family
you have been saving and hope to move out in 12-18m to buy a house and start a family. Do bear in mind you may have an extended period of only 1 income when starting a family and unless you have plenty this may cause financial problems maintaining a mortgage. You may not want to do this early in the acquisition. If 1 of you is working over ?24? Hours neither of you can claim any benefit to help with the mortgage even if you met the means test. You could claim a benefit ie HB to help with ordinary eg council rent if you met the means test.
10 succession
succession takes place only on death provided the tenancy is at the time of death a secure tenancy – (see paragraph 2 above 1st assumption). There can be no succession to your tenancy except through some extra statutory policy. If you were to die and your wife would be a successor despite it being as joint tenancy . The same applies vice versa. So when the survivor died your brother if still living wouldn’t succeed. See sections 87-9 HA85
The council will have a policy and procedure for adding people to tenancies and as to when they will allow an assignment of a tenancy.
11 Assi -
Posted in: Tenancy for life
the proposal is typical of a certain element in social housing that thinks in terms of units of accommodation rather than remembering that they are talking about people's homes and the community they are living in.
talk in commentary about "bad" tenants forgets/ignores that a lot of these in rent arrears are sad inadequates who need the support.
it is a pity that Malcolm overturned Novacold as these it had helped in mandatory were normally not completely beyonf=d help and we do not want to increase the potential for a revolving door