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Hi Guys
After four months of being homeless the council have put me forward with a housing association and offered me a one bedroom flat. The housing association are telling me the property is suitable for 2 persons and that having my two children overnight would constitute overcrowding! In other words, no matter what agreement I have with my ex partner, I STILL can't have my children overnight!
According to shelter (and to their website) children under 10 only count as half persons so they can stay overnight - I can sleep in the living room.
Does anyone know what my legal standpoint is? I don't want to accept the property only to find that if I let my children sleep overnight I am breaking their rules, face eviction and find that the council are no longer obliged to help.
Please could someone reply tonight it's very urgent and the housing association are saying they need a decision by tomorrow! It's only been two working days since they told me all of this I feel extremely pressured to make a decision.
I would take the property for now. Firstly, it gives you some breathing space while having somewhere to stay. Secondly, I would guess that the rules on overcrowding are for people staying permanently, not an overnight stay, but I'd also check with the Citizens Advice Bureau on this. Additionally, to evict you, I think they may have to go through a court to do this where you might be able to argue that what you are doing is unreasonable. As I said above though, speak to the CAB for more advice on this.
Appreciate you have probably already had to make a decision, but Shelter's helpline is excellent for legal housing advice.
I can't see that you will have problems having your children to stay overnight. Dads have all sorts of arrangements in place for their children to stay and it needn't be forever. I would take it, after all, you have waited for so long to get a place.
Hi There,
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I agree with the above take the property, I don't think the council would give you a larger home as your children aren't permanantly living with you, If you take the property then at least you have somewhere to live and can work on the other issues while you comfortable.
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I think as said if the council did try and evict you they would have to go through court and you could argue your case, I would also imagine they would have to warn you first too.
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GTTS
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