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Hello

House has an adviser who, rather pleasantly, likes to ask House rather interesting questions. Today this excellent adviser asked something along the lines of ‘If a Court grants a suspended possession order (ie possession in 14 days but suspended on the terms of rent plus x) in regards to a fixed term tenancy then when that fixed term tenancy ends and a new statutory periodic tenancy arises is the order of any effect. Does the order ‘carry over’ to the new statutory periodic tenancy in that if the tenant doesn’t pay their rent can the LL apply for a warrant? Does section 7 (7) help even though the fixed term hadn’t come to an end at the making of the order?

House didn’t really have an answer for said adviser. Any assistance appreciated!

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The excellent Mr Flack has set up a Social Welfare Law wiki. It’s early days but as such things only grow by users contributing House would recommend anyone with an interest in Social Welfare Law at least having a look and joining the wiki if interested in contributing. Sharing good practice, tips, training, links and law can only be a good thing House reckons. House has been working on a Handy Links page so please have a visit.

You can find the Wiki HERE

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Poor old Mr Fidler

Soo many things House could say about the name but it was nice to see that the High Court ruled against Mr Fidler who is it seems taking his case off to the Court of Appeal.

In a television interview Mr Fidler thought it was perfect normal for a hay bale dealer to have giant bales covering his entire residence and then remove them 4 years later, apparently.  

I bet he wishes he’d built it under a barn now and didn’t have to remove anything…

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Below excerpt from one Local Authority’s Housing Allocations Policy. On reading it does anyone else apart from House think that it’s not exactly compliant with section 167 (2C) of the Housing Act 1996, p.16 of The Code of Guidance HERE or THIS Court of Appeal Case.

Rent arrears

If you have rent arrears (missed rent payments) of less than £500, we will accept you onto the combined register as long as you meet other conditions.

However, in exceptional circumstances, you may be eligible to join the register if your arrears are over £500 (if the senior Housing Needs officer agrees) or above £1000 (if the Housing Needs manager agrees) in the following circumstances.

• There must be urgent reasons for rehousing which mean you are eligible to be placed in banding A

• Where it is practical and reasonable, you must normally have entered into, and kept to for six months, an agreement to pay off the arrears.

When making decisions on whether to put someone with rent arrears onto the register, we will take account of things such as the exact level of arrears and the reason they missed the rent payments.

If you fail to keep to the agreement to pay off the arrears, you will no longer be eligible to stay on the register, unless we believe there are good reasons.

We would normally expect you to pay off any arrears before we could offer you accommodation. However, if you are staying in expensive temporary accommodation and you have kept to an agreement to pay off your arrears, the Tenancy Services manager, the Homeless and Housing Advice manager and the Housing Needs manager can make a decision on your case.

Or maybe House is wrong and it’s all fine and dandy…

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If you’re Homeless or threatened with homelessness in 28 days and want assistance from a Local Authority then a Local Authority should treat you in accordance with the Housing Act 1996, particularly Part VII. In addition to this they should take note of guidance contained within the Homelessness Code of Guidance.

Unfortunately for you the Department for Community and Local Government don’t like  Local Authorities acting in accordance with the Law. The reasons for this are many, one of them is that it messes up their nice statistics such as these taken from here.

Now preventing homelessness can be a good thing (and House does, in certain circumstances, see the value in Rent Deposit schemes) but as the CLG don’t enquire too much as to how LA’s reduce homelessness LA’s will often refuse to assist you in accordance with the Law. For example if you are homeless and give the LA reason to believe you are homeless then if you are told to go away and you do you won’t be recorded as a homeless statistic because the LA won’t have taken a ‘homeless approach from you’. Great for the stats, bad for you.   

This is not to say the LA won’t help anyone, that’s because it would look rather too suspicious and the CLG don’t really won’t everyone to know they are quite aware that LA’s aren’t helping people as they should.

Further to this, House has reason to believe that some organisations that you might seek advice from in order to challenge the LA won’t help you to the best of their ability because they receive funding from the LA and this might be withdrawn if they complain to the LA too much.

This is why House likes to show tricks commonly used to get people to go away. You can see some tricks HERE. Other tricks will be  published by House in due course.

Sadly it would appear that homeless people aren’t valued much by society so this isn’t likely to change anytime soon.

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Ilegal

I’ve finally stop slacking and updated the link for Ilegal.  Go visit so that I’m not alone in asking lots of questions about financial eligibility!

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FOS

Just a quicky, have added a link for the Financial Ombudsman Service under ‘other places’. Some interesting, although not overly new, stuff on the mis-selling of PPI something that House is sure many of us folks have come across.

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