Mums council tenancy

[chick1962]

Kazza, one of my friend has same problem with the council as his father passed away and it was his council house. However they have given friend a 6 month discretion and are trying to find him a suitable place in that time xxx


Sent from my iPhone using Talking Point

 

[Kazza-72]

Hi chick....I hope you're well

I've been misled and lied to by all sorts regarding this. Solicitors, cab, HO, I never wanted to keep a 3 bed flat, if be grateful for a 1 bed, I just need stability and be able to be close enough to my mums care home. I need to see her regularly otherwise she'll forget me


Sent from my iPhone using Talking Point

 

[angecmc]

Kazza, I am so sorry to hear how things are going for you, it really doesn't seem right to me. I know you are tired and must be feeling hopeless, but why not call your local MP or local paper, tell your story about how you have saved this country and especially your local authority a considerable amount of money by caring as long as you did for your Mum and how it can't be right that now they are taking the roof from over your head with no offer of a smaller flat. Perhaps the Alzheimer's society would be able to offer you someone to speak for you too. Xx

Ange

 

[chick1962]

Hi chick....I hope you're well

I've been misled and lied to by all sorts regarding this. Solicitors, cab, HO, I never wanted to keep a 3 bed flat, if be grateful for a 1 bed, I just need stability and be able to be close enough to my mums care home. I need to see her regularly otherwise she'll forget me


Sent from my iPhone using Talking Point

That is just terrible Kazza so what are the council doing? Have not read back yet Kazza xxx


Sent from my iPhone using Talking Point

 

[Kazza-72]

That is just terrible Kazza so what are the council doing? Have not read back yet Kazza xxx


Sent from my iPhone using Talking Point

Well last May I met the HO. I provided 12 months proof of residency. I asked to be put on to the tenancy and she said she would get back to me once shed spoken to her boss. I waited 3-4 weeks before I called her to find out what the next step was. She wasn't in the office and the customer service agent asked me what it was about. I told her it was regarding mums tenancy and she looked up my file. The HO added a note saying I will need to get POA to get on tenancy. So I applied for COP. After months of waiting it was granted in November. A few weeks after it was granted I contacted the council. A new HO had taken over and told that I cannot do that. Anyhow, solicitor at CAB told me I could. So I emailed him a few weeks after seeing him to instruct him to act. Took him 2 weeks to reply. Asked for copies of tenancy agreement and COP which I emailed straight away. 5 weeks passed by which time I was begging for a response. He passed me to colleague. She told me I can't assign as it means I would benefit as a deputy. I'm furious and upset. I've been let up the garden path by all concerned and I just want to close my eyes and go to sleep forever


Sent from my iPhone using Talking Point

 

[chick1962]

Oh Kazza, I never heard of such a shambles I have a friend who works at the council and will ring her later on today. I know different councils have different rules but maybe she can shed some light or can come up with something . I pm you later, once I have spoken with her. In the mean time just sit tight . Big hugs xxxx


Sent from my iPhone using Talking Point

 

[Kazza-72]

Thanks chick....I've all but given up. The time and money I've wasted and all for nothing it seems


Sent from my iPhone using Talking Point

 

[chick1962]

Have send you a PM Kazza xxxx


Sent from my iPhone using Talking Point

 

[Kazza-72]

I put in a subject access request to the council on 27 May as I am hoping there is something on there which will help me. Still not received anything yet and the 40 days is almost up. Is there anything I can do if they don't release the information?


Sent from my iPad using Talking Point

 

[Kazza72]

Does anyone know if an SAR can be refused? Just getting a little uneasy as it's almost 40 days since I submitted it online


Sent from my iPhone using Talking Point

 

[Grannie G]

I`ve no idea Kazza but I`d give them a nudge.

 

[nitram]

"Does anyone know if an SAR can be refused?"

In certain circumstances, yes.

Read details >>>HERE<<<

If you have a clear head and want to know all about SARs have a read through
>>>SUBJECT ACCESS CODE OF PRACTICE<<<
You may need a glass of your favourite tipple to recover after reading it!!

 

[Shedrech]

Hi Kazza72
I just read your post of 20/5 and I'm just wondering about this

told me I can't assign as it means I would benefit as a deputy

Have you contacted the DWP and COP yourself about this?
I phoned the DWP about another matter which may have involved a conflict of interest as Attorney, and they said that permission from the COP would be needed which implied that it might be granted (I didn't need to pursue the issue so didn't contact the COP) - so maybe it would be possible to gain permission in your case?
just a thought and apologies if I'm misunderstanding

just as an aside - I phoned the DWP and it only took 20 mins to get through, which for me was worth waiting - and I e-mailed them about another matter; that reply took 10 days (I wanted something in 'writing' so again worth the wait - but phoning and speaking to someone was really helpful as I could talk the issue through to make sure I was understanding correctly

best wishes

 

[Saffie]

Definitely ring the OPG. They oversee the Deputyship rather than the CoP who grant it.
Not all solicitors are totally up to speed where Deputyship are concerned and I found the OPG pretty understanding. You will at least have the correct information from them. It's not as if you are being 'given' the flat, you are just taking over the tenancy.
I've read this thread through and am so sorry for the stress you have been and still are going through. Good luck.

 

[Kazza72]

I am going to scream.....yet another new housing officer FGS


Sent from my iPhone using Talking Point

 

[RioDF]

Hi Kazza
I'm sorry to hear you are going through it at the moment I am in a similar position as you, I am currently trying to find out what my options are here and was wondering if everything worked out for you or not?

 

[Kazza-72]

Hi RioDF, still in limbo :-(


Sent from my iPad using Talking Point

 

[nita]

Kazza, it might be worth putting in an application to the CoP to have the right of tenancy assigned to yourself. Even if it is in your interests, it is not to the detriment of your mother, and she would wish you to be adequately housed. This should mean that you have the right to housing in a 1 bedroom flat. If you are on a low income, there are reduced fees for an application. I would strongly advise you to go down this route - you can also make an urgent application. If you can afford it, you could ask a solicitor to help you make the application.

 

[Kazza72]

Kazza, it might be worth putting in an application to the CoP to have the right of tenancy assigned to yourself. Even if it is in your interests, it is not to the detriment of your mother, and she would wish you to be adequately housed. This should mean that you have the right to housing in a 1 bedroom flat. If you are on a low income, there are reduced fees for an application. I would strongly advise you to go down this route - you can also make an urgent application. If you can afford it, you could ask a solicitor to help you make the application.

Hi nita, I have already been granted deputyship by the CoP, but when a went back to the council (after being told to do this) a different housing officer had taken over and she avoided me for weeks and sidestepped my request for a meeting for s further 4 months. When I finally got to see her she said I can't but took copy of COP. Mum is in s care home now. That housing officer has since left but none of that details of our meeting made it on to my file, the copy of the cop didn't get on there either. Now I'm just scared to approach them again as I've been led up he garden path and told so many different things.


Sent from my iPhone using Talking Point

 

[nita]

Hallo, kazza, you don't have to approach the council but the Court of Protection by making an application for them to make a decision on your applying for tenancy in your own right. Is it now too late for your mother to assign the tenancy - are you still living in her flat? As your mother does not have the capacity to assign ( the HO was right), you have to get the CoP involved on this particular point. Can the solicitor at CAB help you with this? The solicitor could then approach the council for a copy of the rules regarding assignment/succession.

This is the page with an application form:-

https://www.gov.uk/become-deputy/change-your-deputyship-or-make-a-oneoff-decision

You will see at the foot of the page, you can apply for help paying the fee.