# Getting on Council Housing List after Voluntary Surrender



## Earlydays (19 Feb 2013)

We are meeting with our bank to hopefully voluntarily surrender our house which I have got advice about in a different thread. 

But my query now is about getting housing once we have done this as we couldn't afford our mortgage let alone afford €1000 rent in Dublin. I have got some information saying that they will not put us on the housing list until our house is sold which could take 2-3 years!!! And we cannot claim rent allowance if we're not on the housing list!!


My question is has anyone any experience with or know of any options open to us?


*please note we fully intend to work with the bank & honor our loan but we cannot until we move as I cannot work were we are living as I'd only be paying a child minder & in Dublin I'd have free child care.


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## Time (19 Feb 2013)

You need to get a letter from your lender stating that your mortgage is unsustainable.
Once you have this you can then apply for local authority housing.

The problem is getting the letter from the lender.


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## Earlydays (19 Feb 2013)

Time said:


> You need to get a letter from your lender stating that your mortgage is unsustainable.
> Once you have this you can then apply for local authority housing.
> 
> The problem is getting the letter from the lender.





Thanks for reply. Yeah I knew about the letter to say the mortgage is unsustainable but even if you have this they still won't put you on the list cos you still own a house!! Now that's only from information I've gathered!!
Plus any suggestions on the best way to get this letter from the bank???


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## Time (19 Feb 2013)

The rules were changed in the last few months.

Under the old rules, you had to be in possession of a repossession order before you would be considered for housing, now just the letter of unsustainability is needed. If they are not going to play ball get the refusal in writing stating their policy and escalate that through the council complaints procedure and then to the ombudsman if necessary. 

You need to get legal advice before you surrender.

See http://www.askaboutmoney.com/showthread.php?t=173010

http://www.askaboutmoney.com/showthread.php?t=173329


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## Earlydays (19 Feb 2013)

You need to get legal advice before you surrender.

We have gotten a lot of advice but to be honest it seems like every case is being dealt with differently. But like I said we are not looking to run away from our debt we are willing to work with the bank in the future when our circumstances change..


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## Time (19 Feb 2013)

What I was meaning was in regards to surrendering your house and looking for social housing you may need legal advice as surrendering may be regarded by many councils as making yourself deliberately homeless.


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## Earlydays (19 Feb 2013)

Time said:


> What I was meaning was in regards to surrendering your house and looking for social housing you may need legal advice as surrendering may be regarded by many councils as making yourself deliberately homeless.







Apologys. Yes I rang the council today & all they'll say is you have to make an application & then they'll get back to us!!! We have a meeting with FLAC in 2 weeks so hopefully they can help. A friend of a friend was in a similar predicament after voluntarily surrendering home and local TD got them on the housing list!!


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## Bronte (20 Feb 2013)

Earlydays you need to be very careful on this.  Ringing up the council is all very well, but you'd need confirmation in writing.


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## Earlydays (20 Feb 2013)

Bronte said:


> Earlydays you need to be very careful on this.  Ringing up the council is all very well, but you'd need confirmation in writing.







I know but very difficult to get information & it really seems to be a case of you don't know until your in the application process!! 
Have you Any ideas on how we should broach this subject? And can you just clarify what we would need in writing?? Thank you.


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## Kev (21 Feb 2013)

Earlydays said:


> I know but very difficult to get information & it really seems to be a case of you don't know until your in the application process!!
> Have you Any ideas on how we should broach this subject? And can you just clarify what we would need in writing?? Thank you.



Write to your council and tell them to contact your bank give them authority to do, give them all the information you have in writing about your present home ie unable to meet mortgage payments and you are going to be made homeless.  Let them chase the bank for you.


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## Bronte (21 Feb 2013)

I think you should send a letter to your county council and say you're able to lose your home and will be applying for social housing/getting on list/rent allowance etc and that you need to know from them what you need to get from your bank in order to be eligible. Tell them you've heard that if you have a letter of 'unsustainability' from your bank that would do, but you need them to confirm. - send by registered post.

I don't think the suggestion of the Co. Co. talking to the bank is a goer.


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## porterbray (21 Feb 2013)

There is no way a council is going to chase a bank for you. I would consider contacting one of the councillors in the area you are moving to, as they would have experience in how the council's housing policy operates


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## Kev (22 Feb 2013)

They are public servants, you pay for them to service you therefore why not make them work you.  Also as mentioned above contact councillors or TD you also pay  for them to work for you, so get them working....


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## Bronte (22 Feb 2013)

Kev said:


> They are public servants, you pay for them to service you therefore why not make them work you.


 
This is ridiculous. Firstly the county council are not going to deal with the bank, secondly the bank has no relationship with the council, thirdly the bank cannot discuss the OP's business with the council, fourthly it's not the business of the council to sort out this situation for the OP. 

What the council does need to do is inform the OP of his rights in relation to housing. Which means 'we need this bit of paper from your bank confirming your mortgage is unsustainable and then we'll look at your case and put you on the housing list/allow you rent allowance. And then armed with this knowledge OP needs to get his bank to give him that bit of paper/documentation/confirmation.


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## porterbray (22 Feb 2013)

Totally agree Bronte, the council is there to provide housing for those in need, it is up to the applicant to prove that need. The council should tell you what proof they require, it is up to the applicant to source and provide this documentation.

Different councils may look for different documentation, that is why you should contact local councillors in addition to the council concerned as they will be familiar with the particular council's requirements


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