reasons to refuse a council property
(Except perhaps in retrospective cases). The tenants have just recently received an order to vacate using section 21. Deposit not protected ? The Planning Objection Company Ltd. (trading as iObject.co.uk), E-BOOK - How to object to planning applications - A Guide, The FREE planning objection cheat sheet - basic advice and tips for your planning objection, The FREE planning objection cheat sheet Permitted Development Edition. You may wish to move house because: You have changed where you work. You can if you wish use the TTV letter template here to assist you [letter link need – Letter refusing an offer of a council home]. Many translated example sentences containing "redressement refusé" – English-French dictionary and search engine for English translations. Members of The Tenants' Voice can access exclusive deals not found anywhere else ! If they miss this deadline, they can’t legally refuse permission for the exchange, but you must still get their written consent before you swap homes. eGuide – Get Repairs to Heating and Hot water Units, Deposit Recovery Claims – Claim your deposit back, How long you may have to wait to hear about an offer, What to do if the home you’ve been offered is unsuitable, The location and area of the home they are offering, Whether the condition and repair of the property is suitable, That the property is the appropriate size for you/your family, Whether the home is right depending on any disabilities or health conditions you may have, Proximity to any community or support services you may rely on, Other social/personal factors that may make the accommodation unsuitable, Whether a council offers you a home depends on a number of factors such as availability of council homes in your area and what your priority level is compared to other applicants, You might be offered a place very quickly – but it can also take years; much depends on the area you live in or are applying to live in, If you receive an offer the council will have taken various factors into consideration and hopefully offered you a suitable council home; that is why it is important to ensure you include all relevant information and facts about your situation and personal circumstances (ie. Here are six scenarios when you might want to reject a bequest. Our team comprises private practice Professional Members of the Royal Institution of Chartered Surveyors (RICS), Professional Members of the Royal Town Planning Institute (RTPI), planning officers and independent planning specialists. The council has offered you a home but you don’t think it’s suitable. Try our FREE tool ! I have been in my council house for 8 years now and haven't had a refit, the kitchen was a state when I first moved in, no wall cupboards etc. In the event successionnis permitted, it may be that if the property is too large for the individual to whom it is succeeded to, the council can offer a diffierent prooerry in its place. If you don’t believe the home the council is offering is suitable you are well within your rights to challenge the decision. It is also possible that the council got some things wrong when assessing your application and didn’t take some factors into account properly, such as: The facts about your housing request and personal needs They deemed you ineligible when in fact you are eligible They missed the fact that you are homeless If your property is in such a poor condition that no one could live in it, banks and building societies won’t lend on it. Police can force entry to your home without a warrant if a serious or dangerous incident has taken place. Get 10% off end of tenancy cleaning ! If the property owner refuses to accommodate, the next step should be to find others in the locality opposing the use variance and band together for united opposition. Si la péninsule compte bon nombre de bâtiments patrimoniaux ayant besoin d’amour, on y trouve tout autant de projets ralliant la sauvegarde du passé et le développement. The council will usually offer the home to the person who has the highest level of priority in their scheme. Explore our library of advice guides. If you need professional assistance to object to a planning application - contact us without delay! The Tenants' Voice does not provide legal advice and our content does not constitute a client-solicitor relationship. Get your tenancy deposit protected ! You are living in the private sector and have a short assured tenancy agreement. Applying for a Council House Exchange. This means that your tenancy will come to an end and you will have to leave the property. You are sharing amenities with another household. The Valuation Office Agency (VOA) for England and Wales deems the following reasons acceptable for making a challenge: There have been changes to your property since the original valuation, such as part of it being demolished, or if it has been converted into flats. However, you will need to think very carefully about doing this. This can happen, but generally the council should offer you a home that is suitable for you and your family based on the information you have given them during the application process. More information on ... but often there are good reasons why it may not. What are valid reasons for objecting to a planning application? Employers have to respect employee's rights to refuse the COVID-19 vaccine with retribution from their employers, an HR expert has said. Councils have responsibility for a wide range of functions, including maintenance of roads, parks and cemeteries, water supply, sewerage, and stormwater drainage. Councils and housing associations can only refuse permission for a tenancy exchange on certain legal grounds, including if: your landlord has started eviction proceedings you work for your landlord and your home was provided in connection with your job If you have occupied the property for less than 2 years, the freeholder can refuse to extend the lease, but it is often possible to negotiate a lease extension even so, although you may have to pay more to do so. If you refuse this offer of housing, your priority for homelessness will be removed as the Council will have discharged its duty to you in terms of homeless legislation. Choose carefully though because if you are on a waiting list system and refuse an offer, you may be moved down the list, and if you are on a bidding system you may be suspended from making further bids. Home Security for Renters The Council follows a written policy in determining an application for a property licence . If you are injured or suffer damage to your property and believe it is because of council action (or inaction) you may wish to seek legal advice. loss of value to your property (the Council cannot reject a planning application on the grounds that it will reduce the value of your house if built). The owner of the property now wants to re-mortgage the property to release equity for improvements or potentially for other reasons (within the five years discount period). We advise all tenants to act respectfully with their landlords and letting agents and seek a peaceful resolution to problems with their rented property. The Council can only take into account 'material planning considerations' when looking at your comments. Where a lease is protected by the Landlord and Tenant Act 1954 (the Act) a landlord may only refuse a tenant a new lease upon certain grounds as set out in s.30(1). New court rulings mean that disabled tennents will be exempt from this charge, allowing an extra room for their carer. We will try to offer you a property in the areas you have chosen but this will depend on the availability of properties. Whether a council offers you a home depends on a number of factors, such as the supply of suitable properties in the area you are seeking housing and how many other applicants are applying that may be deemed to be of greater need. They can also enter your property if they have just arrested you, for the purposes of searching evidence. When you take on a tenancy with the council and move into a council home there may be reasons the council will feel the need to evict you. The council will tell you that you wont get anywhere because they want you to go private to free up another property. Finally, one of the most popular reasons that people tend to object is, the effect of construction (i.e. If you live in property that's reserved for an education worker but you aren't one, you can be evicted and re-housed if the property is needed for a new education worker. b) You have children who rely on you financially and they need somewhere to live. If so, kindly rate the answer and provide feedback. Council - or social housing. However the following is a broad list of opportunities which can be put forward as the basis for objection. Leasehold flats with no management company in place are often a no-go for mortgage lenders. An easement on your property is a proprietary right of another person or entity (such as the owner of a neighbouring property or Council) to use your property for a particular purpose. Topics ranging over moving, deposits, repairs, safety and dealing with your landlord. If you refuse the property, you may receive two further offers of accommodation, but if you refuse all three, no further offers will be made for a period of 12 months. Lenders may refuse to grant a mortgage outright for homes above a certain level in high-rise flats. It’s generally also okay to put in a hot tub – but do check with the council before taking the plunge. ... refuse to vary a licence. The fire service. Homeless People - council duty to re-house. An easement on your property is a proprietary right of another person or entity (such as the owner of a neighbouring property or Council) to use your property for a particular purpose. After all, you may only get one shot and there is no guarantee the council will find you a council home more to your liking. Property is uninhabitable if it is derelict, partly derelict, not weatherproof or not secure. Browse the full all categories below ! After all, you may only get one shot and there is no guarantee the council will find you a council home more to your liking. This should include: During the selection process the council should take these elements into account bearing in mind your application form and the information it contains. The council has secured the usual right to buy discount as a registered charge against the property for five years. Criteria varies, but can range from the fourth to the twentieth floor. The ultimate resource collection ! dust, noise, nuisance caused by construction traffic etc.). You can also re-apply, without paying a fee to the council. Unsuitable council home offers. The Tenants' Voice works in conjunction with Deposit Recovery Claims to assist tenants. Win up to 3x the amount as compensation! If you will become homeless within 28 days your local authority (council) only has to re-house you immediately if you are one of the following: a) You are a pregnant woman, (this includes anyone living with you). Tenant Tools and Resources As noted by HousingConnections.org: “A general rule of thumb is that you shouldn’t spend more than roughly thirty percent of your income on rent, but that rule doesn’t factor in all of your expenses, and usually, neither do affordability calculators.” Claim your discount Now ! Professional Planning Objection Services - Start here! I have contacted the council regarding this but I don't want them to fob me off so I would like to know what my rights are. Premier article de cette série. 3. Legal action against a local council starts with a formal complaint, followed by a "Notice of Claim," before you can file a lawsuit. Effect on the value of properties in the area - particularly you own. One way of reducing your council tax bill is to get your property revalued and moved into a cheaper band. You must appeal to the Residential Property Tribunal, normally within 28 days. The redesign should take into consideration the reasons for refusal and look to counter these. This means you bid for empty council and housing association properties that your council advertises. Get Repairs to Heating and Hot water Units. You are a Home Starter living in a house that is too big for your needs. Some examples of when the landlord may refuse to consent to a sublet or assignment is if they require the prospective subtenant to fill out an application form and the subtenant does not do so or refuses to do so. When you receive an offer the council will give you a short time to decide whether to accept or not. An IMO (Interim Management Order) transfers the management of a residential property to the Local Authority for a period of up to twelve months. If council’s reasons appear to have a reasonable basis, we will not investigate further. ©2020 The Tenants' Voice is a trademark owned by Deposit Recovery Claims Ltd. If you have any further questions, please do not hesitaye to ask. For the reasons given above I respectfully submit that no properly directed Court has authority to try me for refusing to pay Council Tax. In some cases it is possible to delay or prevent the eviction by appealing to the council, but it is not commonly achieved. Sample letter of objection to a planning application, The applicant's personal circumstances or other private matters. health complaints, disability, low income etc), If you don’t think the home is suitable, you can challenge the decision – but, Refusing an offer might result in losing priority points and even expulsion from the waiting list. Loss of light or overshadowing; Overlooking/loss of privacy; Visual amenity (but not loss of private view) Adequacy of parking/loading/turning; Highway safety 1. Many councils have a choice-based letting scheme. Under the EPAA, if a Council officer seeks entry on an urgent basis, they have rights to use reasonable force to gain entry to the premises. There are a number of reasons that you may be able to get a council tax discount. This is due to the fact that historically, lenders have had concerns about high-rise properties being able to retain their value in … Can a tenant object to a planning application? Challenging a decision might also result in you being expelled from the waiting list altogether. For more information, explore the articles in our All advice category. if the applicant has fallen on hard times and will sell the site to the highest bidder to make money). For more ways to reach us, please visit our contacts page. Common examples include easements for service, roads, the erection of scaffolding or use of airspace for a crane swing by developers and rights of carriageway. Here are 18 reasons why your property might be unmortgageable, and some solutions for selling your house even if it is unmortgageable: The property is uninhabitable. Just received a letter from the council saying they have been informed that the house I let out is in a state of disrepair and will need to be inspected. If you turn down an offer of housing your council thinks is suitable, they could refuse to find you another home. If you don’t believe the home the council is offering is suitable you are well within your rights to challenge the decision. They housed us in the end. You may need to apply to court to force your landlord to give consent. Even well behaved pets increase the likelihood of damage to a property, while leaving a dog in a new property while you go out to work all day means there is a chance of your pet causing noise and becoming a nuisance to the neighbours. Find out more about what to do if you're offered housing because you're homeless. You might be able to refuse a council home if you don't think it's suitable for your needs, but it’s important to check - some councils might remove you from their waiting list. If you are in a housing association / council property with more bedrooms that you are entitled to, you will be subject to pay bedroom tax, or have his deducted from your housing benefit which is 14% of your rent. If you have been accepted as homeless the council may also discharge its duty to find you housing. These grounds are as follows: (a) The tenant has breached their repairing covenants and the property is in a state of disrepair; (b) […] There are a number of reasons that you may be able to get a council tax discount. eGuide – Get your tenancy deposit protected ! L’automne dernier, Le Soleil vous a présenté une série mettant en lumière le patrimoine menacé de la Gaspésie. Read the article ! You can appeal to a tribunal if you’re stopped from buying your home because it’s suitable for housing elderly people.. You must appeal within 56 days of the council turning down your application. You may rent out part of your house, but you may not move to a different property and rent out the council house. The answer to this question will depend on the situation. Full Profile Login to follow 17th Sep 2020 9:00 AM Subscriber only 0. What can Council do whilst on my Property? If your local council, or any of its members, is negligent in fulfilling its oath of office, you can pursue legal action. I've heard that council's are responsible for refurbishing kitchens and bathrooms every 7-10 years. All materials submitted with a DA are open for public review at Council Chambers. Long list of reasons to refuse $1.5M Brunswick Heads DA Liana Boss . I hope this answers your question. All you could probably do is turn down the property and appeal stating your case and reasons for rejection. See also: Good reasons to change your will. When our private landlord evicted us because he didnt want the baby there, they told me that we couldnt have anything as DH worked, but if I were to find myself on benefits give them a ring! There are many reasons you may wish to exchange your council house and, as a council or housing association tenant, you have as much right to move as anyone paying rent to a private landlord. Moving in ? The most common of these (although not an exhaustive list) are shown below: Reasons. You have a local connection to the Falkirk Council area, for example, family reasons or employment. In other areas, the council or housing association makes you an offer of a new home. Worries or hearsay about possible future expansion or alternative uses of the application site - unless future plans are included in the application documentation. The bottom line is, if you don’t really have any priority needs your request may never be successful. Toowoomba Regional Council has explained why it wants to refuse a development application for a 500-lot housing estate in Glenvale. If you need to move house for medical reasons you will need to join our council home waiting list.