What constitutes 'making yourself homeless'?

Question

....my son-in-law is having lots of financial problems with the end result being that he will probably loose the family home....(the house is in his name alone) . Given that this transpires, and given that he then approach the local council for help, I understand that the council will only offer help if he has not ‘made himself homeless’...but what constitutes ‘making yourself homeless’?

If he defaults on the mortgage has he ‘made himself homeless’?

Likewise if he declarers himself bankrupt is that ‘making himself homeless’?

Indeed, what if a creditor makes him bankrupt where does he stand then regarding homelessness...is that 'making yourself homeless'?

Answer 1

Your son-in-law will be classed as making himself homeless.

'Unintentional homelessness' only applies in cases like - someone is in a private rented flat, and has to move because the owner of the flat is going to sell it; someone is fleeing domestic violence. Any sort of arrears - rent or mortgage - would mean that he would be classed as intentionally homeless.

My advice would be for your son-in-law (& family) to apply for council housing NOW. Anybody can apply for social housing. He should contact the housing department of his local council and ask to speak with a housing officer. They will be able to advise him of what his options will be when he can no longer stay in the family home. My guess is that he & his family will be offered temporary accommodation; this is short-term, emergency accommodation for people that have nowhere else to go, and will probably be a B&B, hostel, or possibly an empty council flat (usually in a less desirable area). This means that the council would be dealing with his homelessness situation; if your son-in-law was to refuse this accommodation, the council would have no further obligation to house him.

Your son-in-law should also contact any housing associations in the surrounding area. Housing Associations provide social rented housing (similar to council housing) but they have different ways of allocating their properties than the council, so he might actually have a better chance of getting a house with one of them.

The first step for him though should be to contact either the Citizen's Advice Bureau for general advice on money problems. You should also take a look at the Shelter website - www.shelter.org.uk - really really helpful resource with info on council obligations, housing options, that kind of thing.

I hope this helps.

Answer 2

The eligibility for council housing is keenly contested due to the dwindling stocks of social housing ,the majority of which have been sold off. To qualify for council housing if not already on the long waiting list you would have to be homeless. This usually means staying put in the present home and forcing legal proceedings to evict you and not being housed by family or friends.If he has a family they will be in a better position than not however it's all a big risk that really involves taking himself and his family to the brink and maybe beyond of real and actual homelessness. Bankruptcy and a mortgage arrears do not count as homelessness.A County court eviction from the property probably will however they are likely to be put in temporary accommodation which may not be in a place of their choosing.It would be more sensible to pursue private renting and claim housing benefit and income support though this would only apply if there are low or non wage earners.
My advice would be to get into rented accommodation prior to any declaration of bankruptcy and get the wheels moving on claiming whatever benefits they may qualify for but do a pre-determinacy check (benefits office will have the paperwork) on any potential rented property to see if they would be eligible for help.A talk with the local CAB is recommended at this point.

Answer 3

i'm pretty certain that having financial problems won't be classed as "making yourself homeless".it normally means something like if you just give up your home voluntarily.i've had problems in my past where i've ended up being homeless through not paying rent,and with me the council put me in a hostel,as i was single.depending on the size of the family in question,they should be offered a house or maybe a flat.it probably won't be as spacious as they need,but it's best to accept whatever is offered,as i think the council only offer you three properties.if you turn all three down then you're back to square one,so it's best to take the first one that comes along.after moving into the property,they can always apply for a transfer or a swap with someone else to a bigger property.hope everything works out for them.

Answer 4

My husband had an undiagnosed brain tumour which made him act oddly and not pay any bills (he insisted on being the one responsible for EVERYTHING, was a bit of a control freak) We lost the house as the mortgage wasn't paid and as my kids were under 18 they were housed in a hostel but neither my husband or I was. The council considered ourselves to be intentionally homeless. In the end the tumour killed him. A bad business altogether, so you have my sympathies and I hope someone here can help you.

Answer 5

No making yourself homeless is for example you give up your rented house at £50.00p.w and move into a property at £100.00 a week.
Once your son receives a letter telling him that he has to leave the house then he should take it to the council to be rehoused .
Your son should fill out a form from the D.H.S.S for help to pay the mortgage but they will not pay the interest.

Answer 6

Making yourself homeless means that it is losing the family home due to financial distress of the possessor. Thus, the only remedy is payment of the amount being demanded but money is really the money making it impossible to pay.

Answer 7

I fear that the view of the Local Authority is likely to be that your son-in-law will have made himself deliberately homeless through an act or omission. You may find this link of use: http://64.233.161.104/search?q=cache:Aq-nThjU9eEJ:www.crisis.org.uk/policywatch/pages/english_legislative_framework.html+site:www.crisis.org.uk+england+intentional+homelessness&hl=en&ct=clnk&cd=9

Answer 8

what they mean is, if you have become homeless through no fault of your own, this may be losing a tied house, having to vacate rented accommadation, or in the case of a youngster, having to leave the family home for their own safety.
losing the family home through mismanagement, or even being unlucky, probably not.

Answer 9

if the house is repossessed then he will be classed homeless .but he will only really get help if there are children .If he sells the house voluntarily he will be classed as making himself homeless

Answer 10

I guess you'd have to ask the local council. I think their oppinions and by laws vary by council.