ILR housing situation

[Sheen786]

Hello,

My husband and I are in a desperate situation where he is due to apply for his spouse visa extension next year September.
I am currently 32 weeks pregnant and our tenant and landlord contract is going to be renewed as the property management company is changing.
We do not know if they accept child in the flat.

Also, there is risk of carbon monoxide levels in the flat as my midwife has advised the test to check this the result is 6 which should normally be less than 4.
My husband and I both do not smoke and there is perhaps issue with boiler emitting toxic gas and there is serious issue of mold in the property.

If this issue is not resolved or landlord under new contract does not accept a baby in the flat, we will be homeless.

Is it safe to approach the council on this matter as we need emergency solution in regard to housing at present. As I have high risk pregnany also. Due to go on maternity leave in August. So do not have money to find separate accommodation and my parents house is overcrowded.

Would the home office scrutinise us for approaching council or obtaining council flat?
Would home office understand this situation as we do not wish to rely on public funds but find ourselves in this situation where we have to approach the council.

Any guidance will be appreciated. As I already have history of anxiety and depression for which my GP have records of.

[JB007]

Read the relevant part of Public Funds - Homelessness Assistance. I assume he is NRPFs?
https://www.gov.uk/government/publications/public-funds


Landlords are responsible for your safety, so get that sorted asap.

Smoke and carbon monoxide alarms

All properties must have:

working smoke alarms on every floor used as living accommodation
a carbon monoxide alarm in all rooms using solid fuels – such as a coal fire or wood burning stove

Landlords must make sure that alarms are working on the first day of the tenancy. After that, tenants should take responsibility for their own safety and test alarms regularly to make sure they are working and replace the batteries where needed. Landlords must pay for the cost of a broken or faulty alarm.

https://www.gov.uk/government/publicati ... -safe-home


The landlord cannot tell you to leave and the contract wil roil on to a periodic tenency. Only a court to tell you to leave and the Section 21 has to be written in a certain way, otherwise it is not legal and they have to start again. https://nearlylegal.co.uk/section-21-flowchart/
Once the court has ordred you to leave (which can take many months) the landlord needs to go back to the courts to get bailiffs and some councils will not do anything until the bailiffs have been. It will be very stressful and you will likely have to pay the £500 court cost.

Before that, the council have to accept you as homeless and if they do, they will tell you find another private rental. If you can both have public funds, and if you don't find another private rental, it is likely you will end up in a hotel room with other homeless people and that hotel could be many miles away.

Unless you are in an area somewhere up north, it is likely the council will have very long waiting lists for council properties.

[JB007]

I should add that even if you can have public funds (homelessness assistance) the council can find you a private rental somewhere and that it their requirement done, even if you refuse that rental. Read Shelters website.