Voluntary surrender process/Social housing

C

corkwoman

Guest
Hi All

I’m new to this site and just need some help if i Voluntary surrender my house can i look for social housing my husband works full time i don’t we have 4 children. I rang the Council but got different answers from the two people i spoke to so I’m lost if anyone can shine some light on this please do as we don’t know what to do next.

Thanks
 
If you give up your home voluntarily you may not be eligible for social housing.

Take proper legal advice before proceeding.
 
In 2011 the rules were changed so that when the lender and borrower agree that the mortgage is unsustainable, you can have a Housing Needs Assessment.

Start with the Social Housing Assessment Regulations.

These were then amended by the SHA(Amendment) (No 2) Regulations 2011

I have merged these two together so that they are easier to follow . This is the relevant extract



[FONT=&quot]Housing need criteria[/FONT]
[FONT=&quot]23. In determining a household’s need for social housing support, the housing[/FONT]
[FONT=&quot]authority of application shall have regard to the following matters relating to[/FONT]
[FONT=&quot]the household’s current accommodation—[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot](ee) whether it has been concluded, under the Mortgage[/FONT]
[FONT=&quot]Arrears Resolution Process set out in the Code of[/FONT]
[FONT=&quot]Conduct for Mortgage Arrears 2011 issued under[/FONT]
[FONT=&quot]section 117 of the Central Bank Act 1989 (No. 16 [/FONT][FONT=&quot][/FONT]
[FONT=&quot]of 1989), that the mortgage on the accommodation is[/FONT]
[FONT=&quot]unsustainable for the mortgagee[/FONT][FONT=&quot], [/FONT]

I am familiar with one case where the council officials told the applicant on a few occasions that she could not apply while she still owned her house despite having the letter saying her mortgage was unsustainable and despite her showing the legislation to the council officials.

Brendan
 
I have been told by a certain county council that they would only consider a person once a court order for possession was obtained by the lender.
 
Time said:
I have been told by a certain county council that they would only consider a person once a court order for possession was obtained by the lender.
Click to expand...

High Time

This used to be the position, but it is no longer the position. Unfortunately the local authorities don't seem to be aware of it.

Brendan
 
Brendan Burgess said:
High Time

This used to be the position, but it is no longer the position. Unfortunately the local authorities don't seem to be aware of it.

Brendan
Click to expand...

If the rules have changed Corkwoman needs to write to the council, tell them of the rule change, document it if possible and get confirmation from them in writing that it's ok to give up her house. Never rely on anything you have a conversation about.
 
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