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Forum Home  →  Discussion  →  Other areas of social welfare law  →  Thread

Housing related debt and housing allocations policies

JustinM1
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Caseworker, Central and South Sussex Citizens Advice

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Hi. I am aware of the case of Joseph v LB Newham (2009) (https://www.lgo.org.uk/decisions/housing/allocations/14-018-396) whereby if a client has a statute barred debt they should not be penalised regarding the housing register. Does anyone have any information about other debts. In particular I am interested in debts that are in an IVA/bankruptcy etc and that the client is paying but the LA is still not allowing them to bid on housing.
Kind regards

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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I’m certainly no expert on this but from what I understand, the Localism Act enables local authorities to decide their own restrictions on being able to get on the housing register and this can include rent arrears and debts but they must also have a policy of being flexible in granting exceptions to any blanket rule.

Sections 5.1 and 5.2 of our factsheet Council and housing association housing has more information about this, and section 11 has more about challenging such a refusal.

JustinM1
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Caseworker, Central and South Sussex Citizens Advice

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Many thanks for this. The case i referred to (Joseph v LB Newham (2009)) was about blanket policies of having housing related debt and someone being a qualifying person. In this instance it was with debts that were statute barred. However my case involves someone who has entered into an IVA and the housing related debt is part of the IVA. He has approximately another 5 years to go on the IVA so he will not be ‘qualified’ for this period. I am assuming that the council are aware of the debt and the IVA (and didn’t object at any creditors meeting) so I was hoping that there may also have been a complaint/case law on this.
Many thanks
Justin

Paul_Treloar_AgeUK
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There might well be but unfortunately our housing person isn’t available at the moment so I don’t know much more than what’s in the factsheet.

Main thing is that a review request must be made within 21 days of the refusal hence why I thought it best to encourage your client to ask them to look again at their decision to at least get the ball rolling in time.

You could try calling Shelter perhaps?

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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The council in the complaint you linked has a policy where if the debtor “has been keeping to a repayment arrangement for at least the last 13 weeks” then they may be allowed to join the scheme. Our local housing associations have the same policy. If yours does also, then after 3 months of IVA instalments he could qualify?

More problematic is where an old rent debt is included in a DRO, and making any further payments at all could be an offence. I think we’ve generally managed to negotiate an exception with the housing provider, without the need for a formal complaint.

Anyway, it’s something we have run past NHAS when it has come up.

JustinM1
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Caseworker, Central and South Sussex Citizens Advice

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Many thanks for this