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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 814
Experience:  Experienced solicitor
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Hi, I applied for council house an included all my household

Resolved Question:

Hi, I applied for council house an included all my household (two children , me and my disable uncle who is more then one year has been living with me...) my uncle has lower disability care element as for his mental disorders and He is not able to live alone...as he has never had his own children I care about him...Bu council exclude him from application and told he has to claim separate. Do Council has right to do it- to say me with who I have to live and to push me to leave my disable uncle?
Submitted: 3 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

The law relating to allocations is very complex. Have you received a letter from the local authority justifying the decision they have taken about not letting your uncle be part of your household as far as allocating local authority accommodation is concerned? Also are you in receipt of means tested benefits? I ask this because if you are then you will be entitled to free help from a solicitor through legal aid. Has your uncle been living with you and if so for how long?

Customer:

I ma receiving working tax and child tax credits, housing benefit as well. probably it means i am entitled for free legal advice...

Customer:

My uncle has been living with me since august 2013

Customer:

Council did not send me any explanation just new claim for my uncle and bidding reference number for me (for two bedroom0

LondonlawyerJ :

It might be a good idea to write to them requesting written reasons for their decision not to consider your uncle to be included in your household. What is your position with housing at present? Will you want your uncle to be included with you if it means a longer wait for housing?

Customer:

Recently I am renting from private landlord but there is no urgent need to move...I just know that i can not leave my uncle alone...He does not have kids, just me and my mom (her sister)...My mom moved into my house as well on february...therefore i need anyway to change my application details...maybe now, when my mom(his sister) is living with me, will be easier? Anyway they are like joint tenants, not my dependants...

LondonlawyerJ :

Ok. You should write to the council then explaining why it is you want your uncle on it. It might be worth mentioning that by you caring for your uncle within your own household you will be saving the public purse (ie the council's own money). It might well be a different situation now that your mother is there too.

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