Son facing eviction from Brighton home before dad is cremated (From The Argus)
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Son facing eviction from Brighton home before dad is cremated
1:40pm Monday 3rd December 2012 in News By Tim Ridgway, Local government reporter
James Creighton faces eviction from the flat he has lived in since 1989 after the death of his father
A griving son is being threatened with eviction from his family home before his father has even been cremated.
Jamie Creighton has lived in the same local authority-owned house since 1989 with his mother and father.
However, after caring for his father until he died last month, Brighton and Hove City Council has threatened him with an eviction notice claiming the two-bedroom property in Normanhurst, Grove Hill, Brighton, cannot be passed over to him.
The local authority says the two-bedroom property is under-occupied, adding that it has more than 12,000 people on its housing waiting list.
But Mr Creighton, who was a full-time carer for his ill father, claims it will mean he is homeless and jobless in the run-up to Christmas.
The 45-year-old said: “I’m not sleeping, I’m not eating – I’m in constant shock and it’s really affecting me “All I ask is for the council to have a little compassion. He’s not even cremated yet.
“I’ve got my father’s death, I was his full time carer so I have a job to find and now I have to find somewhere to live without having any time to get a deposit together.
“They are making one person homeless to house two people.”
Family members
The issue revolves around the Government’s 1985 Housing Act, which states possession of council houses can only be transferred between family members once.
The local authority claims the legal possession of the home passed from a joint-tenancy between Mr Creighton’s parents to solely his father when his mother died.
This means, after his father James, 81, died on November 11, Mr Creighton cannot take it over.
There have been a number of similar cases in recent years in the city.
It was so contentious that more than 30 of Brighton and Hove’s elected housing representatives wrote to the Queen in 2010 asking for the sub-clause in housing succession law to be reviewed.
A council spokesman said it was not able to comment on individual cases.
National rules
In a statement, the spokesman added: “Our rules around succession rights are laid down under national legislation and have to be applied fairly to everyone and this becomes even more important in a city where demand massively outstrips supply.
“We are clear about our policy and this is that there is one succession right to a council tenancy.
“In the case of joint tenants, where one tenant dies then the surviving tenant succeeds as a sole tenant and this then uses the succession right.
“The council is sympathetic to people left in occupation that are unable to succeed, and always offers appropriate advice and assistance to help them find a suitable home.
“We do understand that the period following bereavement can be emotionally difficult for relatives, and try to be as sensitive as possible.”
Talking point: To what extent should councils have more flexibility when it comes to allowing people to stay in their family home?
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Comments(43)
Tom V
says...
1:51pm Mon 3 Dec 12
It's a sad situation but council houses are there for people who truly need them and a family could live there. The council, in this case, could try to find him a one-bedroom home and allow him to mourn his father in peace.
Corn Hill
says...
1:59pm Mon 3 Dec 12
That flat has been his HOME for nearly quarter of a century.
Proud to be British?
tooned_in
says...
2:00pm Mon 3 Dec 12
best wishes to you Mr Creighton
egym64
says...
2:06pm Mon 3 Dec 12
Tom V wrote:I agree.
I am sympathetic, especially as he's only just lost his father. They should give him x months to secure a new home but I don't believe council housing should be seen as an inheritance. No one's entitled to live in the same house for years unless they own it.
It's a sad situation but council houses are there for people who truly need them and a family could live there. The council, in this case, could try to find him a one-bedroom home and allow him to mourn his father in peace.
Their are too many people living in overcrowded Council properties.
They should give him time for his Fathers funeral and then move him into temporary accommodation until he finds work. The Credit Union can help him save for a deposit with the Council run deposit scheme. He's not ill/disabled/has kids so there's no need for him to have a 2 bedroom flat. Those days are long gone!!
kkj
says...
2:14pm Mon 3 Dec 12
tooned_in wrote:As stated in the report, this is enshrined in law, its not a council policy.
I cant believe they can evict this gentleman so easily when I had nightmare neighbours who sold drugs, took drugs, had anti social people including heroin users & alcoholics injecting and disgarding needles in stairwells, police out almost every other day (no word if a lie) and they couldnt evict this repeat offender.....however if you share with a family member who passes ...yep your out mate!!! disgusting behaviour from b&h city council...they really need to address their policies..
best wishes to you Mr Creighton
Maybe they could or should have been a bit more sensitive over the way they have handled it, but without knowing the full facts of the case, its pure supposition.
tooned_in
says...
2:18pm Mon 3 Dec 12
redwing
says...
2:34pm Mon 3 Dec 12
What's that's got to do with it?
They're evicting him because the joint tenancy his parents held was amended to a sole tenancy for his widowed father and that action has used up the family's succession rights.
They are as good as putting him on the street. He's been a carer, his paid employment record is poor. Getting a job is probably a dream and without that he's no hope of getting a private landlord to accept him as a tenant, never mind finding a deposit/advance rent.
If underoccupation is really the issue the council could offer him a tenancy of a one-bedroom or studio flat, but instead they're kicking him out, passing the buck and hiding behind unfair regulations.
A decent home should be a basic human right.
We're a sad country in a sad world.
mfc1960
says...
2:36pm Mon 3 Dec 12
Morpheus
says...
2:38pm Mon 3 Dec 12
Surely, creating a family home should imply some stability even with a council house.
Algeria Touchshriek
says...
2:42pm Mon 3 Dec 12
BNP hate immigrants, the snot Greens seem to hate everybody who doesn't vote for them.
I hope it all works out for this poor chap.
Crystal Ball
says...
2:48pm Mon 3 Dec 12
In principle, the Council are correct, but, they should be a bit more sensitive and understanding to the position the chap is in now his Father has passed away.
John Steed
says...
3:03pm Mon 3 Dec 12
Crystal Ball wrote:noted that he was a full time carer, so now he is unemployed and being evicted, in these circumstances the council probally have a duty to house him, agreed however not nessacarily in a two bed room flat, let us hope that he takes priority over the overspill from london being placed out of the metropolis in advance of the changes in housing benefit next year, when LA,s will have a duty to house, but the housing benefit levels will not pay city rents so they are taking over houses here there and every where.
Sympathies to this chap.
In principle, the Council are correct, but, they should be a bit more sensitive and understanding to the position the chap is in now his Father has passed away.
Unbias
says...
3:10pm Mon 3 Dec 12
Tom V wrote:Very well said.
I am sympathetic, especially as he's only just lost his father. They should give him x months to secure a new home but I don't believe council housing should be seen as an inheritance. No one's entitled to live in the same house for years unless they own it. It's a sad situation but council houses are there for people who truly need them and a family could live there. The council, in this case, could try to find him a one-bedroom home and allow him to mourn his father in peace.
Joshiman
says...
3:56pm Mon 3 Dec 12
nd who will get the flat?Guess? Obvious
Hove Actually
says...
4:05pm Mon 3 Dec 12
Strange that they claim the one and only legal possession passed between the same person, sounds like a very strict interpritation to me and one I wonder if they would apply to a GLBTG or Traveller or Ethnic or Immigrant or disabled person
Andy R
says...
4:33pm Mon 3 Dec 12
Algeria Touchshriek wrote:Never mind, I'm sure you'll get back to us with exactly how it's anything to do with the Greens once you managed to work it out. Along with the skinny on how you can divine anyone's voting habits just by looking at a photo of them.
It just goes to prove my pointthat the snot Greens are a party of hate. BNP hate immigrants, the snot Greens seem to hate everybody who doesn't vote for them. I hope it all works out for this poor chap.
Doh.......
Maxwell's Ghost
says...
5:27pm Mon 3 Dec 12
The wards which elected Greens had an ABC1 demographic, the wealthier corss-section of the city.
This is why there is such a kick back because that demographic is not representative of the city in general.
But I agree, you cannot tell by looking at someone if they voted Green.
Algeria Touchshriek
says...
5:40pm Mon 3 Dec 12
ShorehamBeachcomber
says...
6:23pm Mon 3 Dec 12
Jimmy Stewart's Imaginary Rabbit
says...
6:32pm Mon 3 Dec 12
Crystal Ball wrote:Agreed. The compassionate approach would be to have reassured him that he would NOT be made homeless, but that he would have to move to 'more suitable' accommodation once it became available. In turn his larger property could then be used for a family.
Sympathies to this chap.
In principle, the Council are correct, but, they should be a bit more sensitive and understanding to the position the chap is in now his Father has passed away.
As others have said you can't 'own' a council property and pass it down to your descendants, but they didn't have to be quite so heavy-handed about it.
Valerie Paynter
says...
8:16pm Mon 3 Dec 12
Where I live this happened to a woman when her mother died. A 2-bed like this man. She had been sole carer. i believe she eventually got a one bed flat in the same building from the council and this is as it should be.
If this man has been a sole carer and saved the council a huge amount of money that would otherwise have been needed to pay for home help or a residential home place for his father, then he and those in similar situations should be entitled to a one-bed council flat.
I do not believe he will not be evicted before Christmas. He may be getting ugly pressure though. And the council need to negotiate a proper outcome that does not see him homeless.
lola67
says...
8:26pm Mon 3 Dec 12
for the record i was in full time employment up until i stopped and became a full time carer for my father,this is where i think my problems started,ie if id still carried on working i could have saved for a deposit and moving would have not been a problem.
the trouble is being on carers allowance you obviously cant save and so im faced with no money for a deposit etc.
i would give my right arm to find a job at the moment instead of feeling the way i do.
j.
Dirk Von Roden
says...
8:31pm Mon 3 Dec 12
Think about it LOL
The 85 Law was made by guess who?? "The Tories"!!!
lordenglandofsussex
says...
9:06pm Mon 3 Dec 12
Brighton_Toffee
says...
9:29pm Mon 3 Dec 12
lola67 wrote:My sympathies (subject to you truly being the subject of this article).
thankyou all so much for your messages of support,
for the record i was in full time employment up until i stopped and became a full time carer for my father,this is where i think my problems started,ie if id still carried on working i could have saved for a deposit and moving would have not been a problem.
the trouble is being on carers allowance you obviously cant save and so im faced with no money for a deposit etc.
i would give my right arm to find a job at the moment instead of feeling the way i do.
j.
Sadly, it would seem, BHCC is applying the letter of the law in this case rather than the spirit.
However: if you have been a full time carer for whatever reason have you ever considered contacting the Carers Centre for support?
Their number is 01273 746222 and, whilst they cannot wave a magic wand they might be able to help.
Good luck
http://www.thecarers
centre.org/
mictrix
says...
9:40pm Mon 3 Dec 12
Dirk Von Roden wrote:i don't think anyones got a clue what the hell your on about...stupid person
I am a "Royalist" but if this is the case "the poperty can not be passed on to a relative and under occupancy as well " lets think who lives in an under occupied property that belongs to the state? has been passed down for generations ?
Think about it LOL
The 85 Law was made by guess who?? "The Tories"!!!
mictrix
says...
9:43pm Mon 3 Dec 12
Hove Actually wrote:exactly...
The answer is for everyone to learn from this a bass the tenancy onto the child once one of the parents die.
Strange that they claim the one and only legal possession passed between the same person, sounds like a very strict interpritation to me and one I wonder if they would apply to a GLBTG or Traveller or Ethnic or Immigrant or disabled person
lola67
says...
9:46pm Mon 3 Dec 12
Brighton_Toffee wrote:thank you,i will give them a call in the morning.
lola67 wrote:My sympathies (subject to you truly being the subject of this article).
thankyou all so much for your messages of support,
for the record i was in full time employment up until i stopped and became a full time carer for my father,this is where i think my problems started,ie if id still carried on working i could have saved for a deposit and moving would have not been a problem.
the trouble is being on carers allowance you obviously cant save and so im faced with no money for a deposit etc.
i would give my right arm to find a job at the moment instead of feeling the way i do.
j.
Sadly, it would seem, BHCC is applying the letter of the law in this case rather than the spirit.
However: if you have been a full time carer for whatever reason have you ever considered contacting the Carers Centre for support?
Their number is 01273 746222 and, whilst they cannot wave a magic wand they might be able to help.
Good luck
http://www.thecarers
centre.org/
Dealing with idiots
says...
1:52am Tue 4 Dec 12
http://present.brigh
ton-hove.gov.uk/mgEP
etitionDisplay.aspx?
ID=360&RPID=6033530&
HPID=6033530
Freeloaders
says...
3:10am Tue 4 Dec 12
jackie1959
says...
6:02am Tue 4 Dec 12
julesgemini
says...
8:59am Tue 4 Dec 12
lola67
says...
9:26am Tue 4 Dec 12
jackie1959 wrote:thanks jackie,
My thoughts go out to you Jamie,I am so sorry you are being treated this way,it's disgusting! I know people who have 3-4 bedroom houses,brought their family up in them,family has grown up,flown the nest,one spouse died,so they are now living alone,with 2 or 3 bedrooms left empty,why aren't they forced to move out,and go into a one bed property! It stinks.Lets hope that someone who reads your plight,is maybe kind enough to offer you a job and you manage to get on your feet.Good luck for the future,and condolences on your sad loss.x
regarding this under occupancy rule,the council said to me that even if they could pass the tenancy to me they would still get me out because im 1 person in a 2 bedroom flat,yet i know several people in my area who are doing just that! 1 guy even requested to the council he wanted a 1 bedroom flat and they did nothing.
to be honest i dont care how many bedrooms i have or where i am,i just want some time to get over my fathers death and get back to work,it sickens me to think that they have started the ball rolling before my dad was laid to rest,clearly not being sensitive!
Capt. Sensiblé
says...
6:16pm Tue 4 Dec 12
lola67 wrote:Good luck mate, really feel for you, must be horrible to lose your old man and be faced with this, take care of yourself pal.
Brighton_Toffee wrote:thank you,i will give them a call in the morning.
lola67 wrote:My sympathies (subject to you truly being the subject of this article).
thankyou all so much for your messages of support,
for the record i was in full time employment up until i stopped and became a full time carer for my father,this is where i think my problems started,ie if id still carried on working i could have saved for a deposit and moving would have not been a problem.
the trouble is being on carers allowance you obviously cant save and so im faced with no money for a deposit etc.
i would give my right arm to find a job at the moment instead of feeling the way i do.
j.
Sadly, it would seem, BHCC is applying the letter of the law in this case rather than the spirit.
However: if you have been a full time carer for whatever reason have you ever considered contacting the Carers Centre for support?
Their number is 01273 746222 and, whilst they cannot wave a magic wand they might be able to help.
Good luck
http://www.thecarers
centre.org/
Cash Cow
says...
2:55am Mon 10 Dec 12
Cash Cow
says...
2:56am Mon 10 Dec 12
Cash Cow
says...
2:58am Mon 10 Dec 12
NickBrt
says...
6:26am Mon 10 Dec 12
jackie1959
says...
9:58am Mon 10 Dec 12
Cash Cow wrote:Your a nasty little piece of work,aren't you!!
Sorry! Merry Christmas Jamie.
Cash Cow
says...
5:06pm Mon 10 Dec 12
jackie1959 wrote:Whats nasty about wishing somebody a Merry Christmas? Perhaps you need to take a look at yourself dear!
Cash Cow wrote:Your a nasty little piece of work,aren't you!!
Sorry! Merry Christmas Jamie.
jackie1959
says...
5:42pm Mon 10 Dec 12
Cash Cow
says...
12:03am Tue 11 Dec 12
jackie1959 wrote:You replied very quickly to someone who apparently is not worth bothering with, oh righteous one, though I think you missed the point of my comment, although sarcastic, actually in support of Jamie. Whatever you think and say there is no denying some people are discriminated against while others are favoured, depending on who they are and where they are from, especially in Brighton. In this case I believe Jamie should be left alone and given the support he now deserves, and when I wished him a Merry Christmas I meant it.
Reading your other comments DEAR! You are not worth bothering with anymore.Do me a favour,and go crawl back under the stone you came from.
leobrighton says...
1:49pm Mon 3 Dec 12