Monday, 21 December 2009

Ah, my Keeper has responded

This is very nice of them. Thank you Council. I have of course responded. I started by thanking him for the email. My questions are not italilised and are in bold.

A local authority has duties to homeless people, and these duties are set out in homelessness law (mainly the Housing Act 1996, as amended by the Homelessness Act 2002).

A local authority will sometimes have a duty to provide housing to a homeless family. This duty is often described as ‘the full housing duty’.

When you were evicted from your accommodation with the Church, Camden Council accepted this kind of ‘full’ duty to you and your family.

When it accepts a full housing duty, local authorities must continue to house an applicant until one of the following happens:

1 The applicant obtains a Council or housing association flat through the Council’s housing allocations scheme; or

Obviously, as you know, I would like my son to live in a council flat with me, with a secure tenancy.

2 The applicant obtains an assured tenancy with a private landlord, or an assured shorthold tenancy (through a ‘qualifying offer’) with a private landlord; or
What does this mean in terms of the council offering us permanent accommodation?

3 The applicant refuses a reasonable offer of alternative temporary accommodation, or the applicant refuses a suitable offer of Council or housing association accommodation through the Council’s housing allocations scheme; or
What does this mean in terms of the Choice Based Letting System? Years ago I was shortlisted for two properties. The second time I had the first refusal and although not noted in my notes, cried my eyes out because up three narrow flights and into a narrow flat, I could not get access for my bicycle. My bicycle is a very important part of my life as you know. My son will tag along behind it as soon as I can afford the piece of equipment to allow him to do so. For the time being, he still sits on the back.
I have not been shortlisted for any flat since then, three years ago. Why not?

4 The applicant voluntarily ceases to occupy their temporary accommodation as their principal or only home; or

5 The applicant becomes intentionally homeless from their temporary accommodation; or

How?
6 The applicant cease to be eligible for housing (eligibility relates to immigration status); or

I imagine that each of these categories may raise some questions. Please feel free to call me if you have any questions about any of them.

Apologies for not calling with these questions. My ex has not returned my son as arranged. I feel very vulnerable and do not wish to talk to anyone following my conversation with him.(This is true reader) I do need to know however, to understand, where my son and my lives stand with regard to secure housing.

It is, of course, difficult for me to speak on behalf of Pathmeads, especially as I have not had sight of their full letter.

However, bearing in mind the legal framework summarised above, I assume that Pathmeads intend, in the two statements quoted in your letter, that:

1 If Camden has not offered you alternative temporary accommodation, or you have not yet made a successful bid for accommodation through Home Connections, by the time they have told you they would like you to move from your current temporary accommodation, they may be able to allow you to stay in your accommodation until you are offered alternative temporary accommodation, or until you have made a successful bid (whichever is sooner).

2 If Camden’s duty to accommodate you has ceased, for one of the reasons summarised above, Pathmeads will take the necessary action to regain possession of their accommodation.

I hope these comments do provide you with the clarification you have requested. Please let me know if they do not.

Thank you very much for your seasonal greetings. I wish you the very best for Christmas too


A nice letter, you will avow. The operators of the Hand, like I've said, can be nice but the system just does my head in. The mess in my flat would reflect this for you. I must be happy though. This time last week I thought we were being forcibly evicted today.

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