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Hi,
Me and 2 young children (7 & 6) were evicted in September 2022 for rent arrears.
I have appealed the decision with a solicitor. I allowed 3 extensions at the councils request and today I received my final decision of intentional homelessness.
I will keep it as brief and to the point so you can get a better understanding of what occurred and led me to my homelessness.
My first year of renting I paid my rent on time every month without fail. Into my second year and I started a new job in the NHS who over paid me which resulted in my UC payment being £0 for 3 months. I ended up leaving after 2 months due to it triggering my mental health from things I witnessed. I then after leaving, received further random payments including a Covid payment which I paid 2 months rent arrears to my landlord with. Then the following month another £0 award so the random payments I was living off of at this point. All in all, I was now 4 months into rent arrears.
I had numerous meetings with an officer in my council explaining the difficulties I was facing and the mental breakdown I was going through due to it. My partner (wasn’t living with me) would take my card and spend my money to feed his alcohol addiction. Eventually, the council set me up a £150 per month payment plan with the landlords, I paid 1 month and contacted the council to have this lowered as I couldn’t afford to live and pay bills along with this payment and that it was unaffordable. The council started ignoring me for 3 months. Another council worker contacted me and did an income and expenditure form and said I couldn’t afford this £150 payment each month and to contact the lady who originally set it up - again, no response from her. I kept logging calls with the main phone line and never got anything back. I explained all of this to my landlords and sent them proof that I was trying to resolve but they said at this point they had enough of the communication issue with the council themselves and proceeded with the eviction instructing the bailiffs.
Eviction day came, we were placed into a hotel. Then 3 weeks later moved to a different borough 2 hours away from my children’s school but we made do and I ended up switching their schools. I chased the council for 7 months for a decision on my housing but got nowhere. Then I got a call to move again with my kids which we did and the next day got our decision as intentionally homeless and to leave within 28 days.
I found a solicitor to help with my appeal. She is going on the grounds of temporary aberration due to my anxiety and depression getting the better of me. I got my medical files to prove this and also explained the breakage in treatment due to my anxiety of social services. I was reported to them from my previous GP as I was seeking help for depression and they said I wasn’t fit to parent my children as I had them with me and broke down. Since this I have found it extremely here to get the help I needed and got through by myself.
The review officer requested a medical examination as lo and behold, the council lost all this information prior. Along with misinterpreting information and false information in the original decision letter.
Today, looking at my final decision letter after spending months providing documents to clarify and back my claim, there are more discrepancies in this letter which are as follows (unsure how relevant but I will list);
1. They have used my partners income even though he wasn’t living with me at the time.
2. The amounts they have estimated affordability for bills, rent, clothing, travel etc exceed my monthly income so would be impossible to even pay in full in the first place.
3. They have said although they acknowledge my mental health issues, because I have 2 children who I look after, this cannot be used as an exemption.
4. They said I could continue to occupy the accommodation even though the eviction was inevitable.
5. The review officer agreed with the original decision and didn’t find any discrepancy’s - knowing full well there was misinformation as I had to provide the correct documents to her to back this up.
My solicitor will be taking it to judicial review.
I am just at a loss with how they can presume that because I have 2 children, that I can’t suffer mental health?
Can they use another persons income at the time as my household income if they didn’t live there?
Can they use borrowed money from friends and family as income even if they can see this leaving my account again?
They haven’t mentioned in the decision anything about alcohol misuse at the time leading us into financial strain which plays a large part in the financial side of things.
They also haven’t taken into consideration my £0 awards for income each month nor the overpayment of wages which I have to pay back that caused the issues. It’s mentioned in the calculations, but hasn’t even been taken into consideration when it comes to the legality side of things.
The person I care for has their money paid into my bank which they are aware of, and they are still using this as my income and not theirs.
I fully appreciate rent is a priority bill, I’m not disputing that. But given all my circumstances at that present time, it’s evident I was in crisis, reached and participated in help, then let down by the council ultimately when we were mid-resolving my eviction and now because of that happening I am deemed intentionally homeless. I have shown that I am getting the correct support through my GP now. I have shown bills being paid. Rent being paid. And that now with the correct support in place my life is heading in the right direction making me see my responsibility’s more clearly and I’m able to act on them solely with no support.
They have also referred me to social services due to the children now being at risk. I’ve mentally and physically had enough and am just giving up with everything now.
Me and 2 young children (7 & 6) were evicted in September 2022 for rent arrears.
I have appealed the decision with a solicitor. I allowed 3 extensions at the councils request and today I received my final decision of intentional homelessness.
I will keep it as brief and to the point so you can get a better understanding of what occurred and led me to my homelessness.
My first year of renting I paid my rent on time every month without fail. Into my second year and I started a new job in the NHS who over paid me which resulted in my UC payment being £0 for 3 months. I ended up leaving after 2 months due to it triggering my mental health from things I witnessed. I then after leaving, received further random payments including a Covid payment which I paid 2 months rent arrears to my landlord with. Then the following month another £0 award so the random payments I was living off of at this point. All in all, I was now 4 months into rent arrears.
I had numerous meetings with an officer in my council explaining the difficulties I was facing and the mental breakdown I was going through due to it. My partner (wasn’t living with me) would take my card and spend my money to feed his alcohol addiction. Eventually, the council set me up a £150 per month payment plan with the landlords, I paid 1 month and contacted the council to have this lowered as I couldn’t afford to live and pay bills along with this payment and that it was unaffordable. The council started ignoring me for 3 months. Another council worker contacted me and did an income and expenditure form and said I couldn’t afford this £150 payment each month and to contact the lady who originally set it up - again, no response from her. I kept logging calls with the main phone line and never got anything back. I explained all of this to my landlords and sent them proof that I was trying to resolve but they said at this point they had enough of the communication issue with the council themselves and proceeded with the eviction instructing the bailiffs.
Eviction day came, we were placed into a hotel. Then 3 weeks later moved to a different borough 2 hours away from my children’s school but we made do and I ended up switching their schools. I chased the council for 7 months for a decision on my housing but got nowhere. Then I got a call to move again with my kids which we did and the next day got our decision as intentionally homeless and to leave within 28 days.
I found a solicitor to help with my appeal. She is going on the grounds of temporary aberration due to my anxiety and depression getting the better of me. I got my medical files to prove this and also explained the breakage in treatment due to my anxiety of social services. I was reported to them from my previous GP as I was seeking help for depression and they said I wasn’t fit to parent my children as I had them with me and broke down. Since this I have found it extremely here to get the help I needed and got through by myself.
The review officer requested a medical examination as lo and behold, the council lost all this information prior. Along with misinterpreting information and false information in the original decision letter.
Today, looking at my final decision letter after spending months providing documents to clarify and back my claim, there are more discrepancies in this letter which are as follows (unsure how relevant but I will list);
1. They have used my partners income even though he wasn’t living with me at the time.
2. The amounts they have estimated affordability for bills, rent, clothing, travel etc exceed my monthly income so would be impossible to even pay in full in the first place.
3. They have said although they acknowledge my mental health issues, because I have 2 children who I look after, this cannot be used as an exemption.
4. They said I could continue to occupy the accommodation even though the eviction was inevitable.
5. The review officer agreed with the original decision and didn’t find any discrepancy’s - knowing full well there was misinformation as I had to provide the correct documents to her to back this up.
My solicitor will be taking it to judicial review.
I am just at a loss with how they can presume that because I have 2 children, that I can’t suffer mental health?
Can they use another persons income at the time as my household income if they didn’t live there?
Can they use borrowed money from friends and family as income even if they can see this leaving my account again?
They haven’t mentioned in the decision anything about alcohol misuse at the time leading us into financial strain which plays a large part in the financial side of things.
They also haven’t taken into consideration my £0 awards for income each month nor the overpayment of wages which I have to pay back that caused the issues. It’s mentioned in the calculations, but hasn’t even been taken into consideration when it comes to the legality side of things.
The person I care for has their money paid into my bank which they are aware of, and they are still using this as my income and not theirs.
I fully appreciate rent is a priority bill, I’m not disputing that. But given all my circumstances at that present time, it’s evident I was in crisis, reached and participated in help, then let down by the council ultimately when we were mid-resolving my eviction and now because of that happening I am deemed intentionally homeless. I have shown that I am getting the correct support through my GP now. I have shown bills being paid. Rent being paid. And that now with the correct support in place my life is heading in the right direction making me see my responsibility’s more clearly and I’m able to act on them solely with no support.
They have also referred me to social services due to the children now being at risk. I’ve mentally and physically had enough and am just giving up with everything now.
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