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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 31734
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Morning, Can you help me with the housing, I'm in Oxford,

Customer Question

Hello morning
JA: Hi. How can I help?
Customer: Can you help me with the housing
JA: Where are you? It matters because laws vary by location.
Customer: I'm in Oxford
JA: What steps have you taken so far?
Customer: Hello, can you help me with housing, next month I want to give birth, my house is very small
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I really need your help
Submitted: 16 days ago.
Category: Law
Expert:  Joshua replied 16 days ago.

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.

Expert:  Joshua replied 16 days ago.

congratulations on your forthcoming child.

May I confirm if you presently live in council or housing association provided accommodation or private rented accommodation please?

Customer: replied 16 days ago.
Private rent in Cowley Road
Customer: replied 16 days ago.
Thank you
Customer: replied 16 days ago.
Hello
Expert:  Joshua replied 16 days ago.

thank you. Do you live in the property with anyone else or on your own?

Customer: replied 16 days ago.
Live with my partner and my 1 year baby
Customer: replied 16 days ago.
regarding council housing, next month I want to give birth to my second child, the house we live in now does not fit the four of us, I want to prepare a place for the children
Expert:  Joshua replied 16 days ago.

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

Customer: replied 16 days ago.
that means I live in a flat with my partner and my child, soon the second child will be born, we eat and sit on the bed. There is no place for children to play, we live in front of a public road, it will be even more noisy, if we cook the aroma in the house .
Customer: replied 16 days ago.
Flat
Expert:  Joshua replied 16 days ago.

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?

Customer: replied 16 days ago.
I've seen
Customer: replied 16 days ago.
now what should I do?
Expert:  Joshua replied 16 days ago.

Thank you - do I understand correctly therefore that the house is overcrowded because it is smaller that the measurements on the above link?

Customer: replied 16 days ago.
I also don't know what size the house is? Thank you for your time
Expert:  Joshua replied 16 days ago.

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

Customer: replied 16 days ago.
Thank you
Expert:  Joshua replied 16 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 16 days ago.
the house I bid on is now pending
Customer: replied 16 days ago.
I'm stress
Expert:  Joshua replied 16 days ago.

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

Customer: replied 16 days ago.
How many ways have I tried, earlier, if I want to bid for housing, my application is pending, who else should I ask for help?
Expert:  Joshua replied 16 days ago.

you can contact the housing charity Shelter who can often support you in terms of bidding:

https://england.shelter.org.uk/get_help

Customer: replied 16 days ago.
I've measured the place we live
Customer: replied 16 days ago.
length
Expert:  Joshua replied 16 days ago.

  1. Thank you. Is this the only room other than perhaps a bathroom?
  2. From what you say you and a partner live in the accommodation and your child? How old is your child?
  3. Are you and your partner both named on the tenancy?

Customer: replied 16 days ago.
Bathrooms
Customer: replied 16 days ago.
1 year old
Both of us
Expert:  Joshua replied 16 days ago.

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

Customer: replied 16 days ago.
Now I can't bid anymore, housing is pending
Expert:  Joshua replied 16 days ago.

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

Customer: replied 16 days ago.
Thank you
Expert:  Joshua replied 16 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Expert:  Joshua replied 15 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.