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Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
congratulations on your forthcoming child.
May I confirm if you presently live in council or housing association provided accommodation or private rented accommodation please?
thank you. Do you live in the property with anyone else or on your own?
thank you. Do you believe your home would meet the definition of being " overcrowded" based on the tests set out at the following link?
https://england.shelter.org.uk/housing_advice/repairs/check_if_your_home_is_overcrowded_by_law
thank you. May I clarify, you have looked at the above link and based on the measurements the property is overcrowded based on the information contained on that link?
Thank you - do I understand correctly therefore that the house is overcrowded because it is smaller that the measurements on the above link?
thank you. It is likely will need to get a tape measure and carry out some measurements to see if the house meets the definition of being overcrowded by comparing the measurements you obtain to the minimum measurements provided on the above link.
If you find that the property is smaller than the minimum allowed measurements required as above, then the property will be overcrowded for the purposes of statutory law and as such, you can apply to the local authority on the basis that you are technically homeless even though you are not. In other words, it forces the council to treat you as being homeless even though you do have a roof over your head because the property is overcrowded.
This would mean that you should be treated as a priority for either temporary or permanent accommodation on the housing list and if you have not ready made an application to join the housing list with the local authority, in any event, may wish to consider doing so
I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.
as above, if you are able to demonstrate overcrowding, you can notify the local authority that your current property is overcrowded under the statutory definition and as such, they should treat your application as currently homeless with children which would make you a priority on the waiting list and should improve your chances of securing accommodation
you can contact the housing charity Shelter who can often support you in terms of bidding:
https://england.shelter.org.uk/get_help
that accommodation would meet the statutory definition of overcrowding given at a rent of 7.46 square metres is suitable for occupation by one person. From what you describe, you are 2.5 people (children under 10 count as 0.5 people).
As such, you should be able to make an application to the local authority to register as technically homeless on grounds of overcrowding which should allow you to prioritise your application
as above, you will need to consider notifying the local authority that you are technically homeless on the grounds of overcrowding which should give you higher priority in your application. this cannot be done online but will need you to notify the council
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