How legally binding is Cork City Councils 'Carer's agreement'??

paddyjnr

I need to move back home to my mother's council house of 50 years and become a sub-tenant as I have got into great difficulty due to losing my house and failed marriage. It also makes a lot of sense that I can be there for my sick mother as well.
The problem is the Cork city Counsel will only allow me enter on a carer's agreement which states that in the event of anything happen I vacate the family home. Please keep in mind I grew up there and spent 21 years of my life in this house.
If signing is my only option as it seems to be before they will allow me in, will I do this and try make a claim afterwards or is there any other route I can go down....
I would really appreciate any help as I am seriously at my wits end regarding housing, there seems to be no answer to my problem....

kitchenkid

It should be fine - obviously they are protecting your mother as primary tenant, if something happens her and you have a housing need they will deal with your needs then I guess. Seems logical enough.

D3PO

theres always an answer.

What the council are proposing is very straight forward in their eyes you have no claim or requirment for housing and as such should something happen the agreement lets them get the house back as you have in their eyes no rights to be there.

Now there are plenty of gaps in your post, so its hard to really let you know your housing options. I mean its impossible to distingush your situation, are you working ? why did you lose your house ? etc etc

If its a case that you meet the criteria and none of us have a clue if you do for housing then you need to contact your local CWO (Community Welfare Officer) and discuss your housing situation and sort something out.

Its reeally not possible to advise you much on the very bare bones post you have made.

Gatling

As from your thread originally posted in the state benefits forum ,
You have Zero rights to the house if something happens to your mother ,
What you need to do is get yourself on to the housing list in your own right if you haven't already ,

paddyjnr

okay I am on illness benefit and I lost my house through a failed marriage and job loss, my house is in a different county which is still in the process of being repossessed 3 years later but an order was submitted to vacate by the Family court... The house is in serious negative equity therefore it was impossible for me to keep it on with my illness benefit...
While all this is happening, the council will not put my name on the housing list until they have written confirmation from the bank that is no longer in my name...
I am due to be put on the housing list very soon just waiting on letter from bank...

D3PO

so yeah as it stands you have no qualification for housing becasue you have housing until the repossesion happens its pretty straight forward.

What you need to do is the following. Sign the carers agreement, let due process happen with your current house (Do not under any circumstances hand back the keys, doing so will prevent you getting on the housing list as counciles will deem you as intentionally homeless)

once your home is repossessed contact your CWO and get yourself on the housing list.

Gatling

paddyjnr wrote: »

okay I am on illness benefit and I lost my house through a failed marriage and job loss, my house is in a different county which is still in the process of being repossessed 3 years later but an order was submitted to vacate by the Family court... The house is in serious negative equity therefore it was impossible for me to keep it on with my illness benefit...
While all this is happening, the council will not put my name on the housing list until they have written confirmation from the bank that is no longer in my name...
I am due to be put on the housing list very soon just waiting on letter from bank...

Pretty standard stuff from the council unfortunately despite your situation ,
The down side is once on the list you could be looking at 8+year wait to be housed by them ,
You might be entitled to rent allowance have you checked that out ?

paddyjnr

D3PO wrote: »

so yeah as it stands you have no qualification for housing becasue you have housing until the repossesion happens its pretty straight forward.

What you need to do is the following. Sign the carers agreement, let due process happen with your current house (Do not under any circumstances hand back the keys, doing so will prevent you getting on the housing list as counciles will deem you as intentionally homeless)

once your home is repossessed contact your CWO and get yourself on the housing list.

So I should go ahead and sign it so???? I think it could be my only option as well... It's just the worry of it all being homeless down the road should anything happen to mam in the near future...

paddyjnr

Gatling wrote: »

Pretty standard stuff from the council unfortunately despite your situation ,
The down side is once on the list you could be looking at 8+year wait to be housed by them ,
You might be entitled to rent allowance have you checked that out ?

Yes I am entitled to 27 euros a week rent allowance which it is virtually impossible to get any place of half decent standard for... With my illness I really have to be careful who I share with as well so ideally it would suit me to be by myself...

D3PO

paddyjnr wrote: »

So I should go ahead and sign it so???? I think it could be my only option as well... It's just the worry of it all being homeless down the road should anything happen to mam in the near future...

If god forbid something happens to your mother in the enar future you should hopefully be on the housing list at that point at which stage the council will be forced to act in someway to house you RA, RAS, Council housing

if god forbid that were to happen prior to your house being repossessed you need to move back into that house of yours and stay put until you are removed from it and the council have made arrangements for you.

It doesnt matter if your soon to be ex wife is there or whatever know your options. If that doomsday scenario happens then you move back in there end of story and deal with the fallout from there.

paddyjnr

D3PO wrote: »

If god forbid something happens to your mother in the enar future you should hopefully be on the housing list at that point at which stage the council will be forced to act in someway to house you RA, RAS, Council housing

if god forbid that were to happen prior to your house being repossessed you need to move back into that house of yours and stay put until you are removed from it and the council have made arrangements for you.

It doesnt matter if your soon to be ex wife is there or whatever know your options. If that doomsday scenario happens then you move back in there end of story and deal with the fallout from there.

Thank you for the advice, I was thinking along those lines that maybe I should just take it a day at a time because it is just so frustrating and soul destroying for me to have to come to this...
I once really had everything and never needed to rely on anything from the state but they can be really nasty and uncooperative to my needs now
It really is starting to drag me down....

D3PO

Dont let it drag you down, you have enough going on right now between a sick mother and a marriage breakup. Focus on the here and now and stop thinking about the what ifs.

It might be worth speaking to a counciller. Having somebody far removed to listen to you can be a massive release valve for people. Your mentla health needs to be looked after aswell as everything else.

Gatling

Do you have any children at all ,

Your currently entitled to € 485 pm if you have children you would be nearly entitled to €700

D3PO

Gatling wrote: »

Do you have any children at all ,

Your currently entitled to € 485 pm if you have children you would be nearly entitled to €700

Entitled to it for what ? Have you read the thread or are you just jumping in with half the facts.

Gatling

D3PO wrote: »

Entitled to it for what ? Have you read the thread or are you just jumping in with half the facts.

He's entitled to rent supplement from € 485 -700+ depending on if theres children ,
And the current repossion situation

MouseTail

Gatling wrote: »

He's entitled to rent supplement from € 485 -700+ depending on if theres children ,
And the current repossion situation

He is not. He has already stated he is not entitled to RA as he is still the co owner of a house.

D3PO

Gatling no he isnt . Please read the thread before comeing in half cocked with a response. Its not very helpful for the OP in whats already clearly a very stressful situaiton to them.

Gatling

paddyjnr wrote: »

Yes I am entitled to 27 euros a week rent allowance which it is virtually impossible to get any place of half decent standard for... With my illness I really have to be careful who I share with as well so ideally it would suit me to be by myself...

D3PO wrote: »

Gatling no he isnt . Please read the thread before comeing in half cocked with a response. Its not very helpful for the OP in whats already clearly a very stressful situaiton to them.

What part of the above did you not read or understand D3PO,

Apologies to the op ,

Op have you spoken to your cwo or citizens advice

paddyjnr

D3PO wrote: »

Dont let it drag you down, you have enough going on right now between a sick mother and a marriage breakup. Focus on the here and now and stop thinking about the what ifs.

It might be worth speaking to a counciller. Having somebody far removed to listen to you can be a massive release valve for people. Your mentla health needs to be looked after aswell as everything else.

I have a counsellor and he is very good to listen to me and help me with all the extra resentments I am beginning to build up . When I see how hard I worked most of my life and everything I owned just gone . I thought at least they would look favorably on me for trying or for all the taxes I've paid and the fact that I want to look after a sick mother. But no they sooner help people who know how to scam the system. I don't have any kids . I'm just by myself which makes my situation worse regarding housing. The're is nothing in place for a separated man whose normal. home is at the hands of the greedy bankers. Thank you all and God bless you.

paddyjnr

Gatling wrote: »

What part of the above did you not read or understand D3PO,

Apologies to the op ,

Op have you spoken to your cwo or citizens advice

I haven't spoken to either as of yet but I am meeting my mum's social Worker tomorrow who wants to addres this situation for us both and try come to some sort of agreement with city council so that's good news. Please guys don't be arguing over it. It was a genuine mistake that people may of picked me up wrong as I am not that great with forums or expressing myself correctly on them. I have not received any rent allowance because I am still not on the housing list but when I get on it which I am expecting soon I believe I will be entitled to 27euro's for shared accommodation.

paddyjnr

I have also contacted the offices of a few TD's but they seem busy at the moment and expressed my concerns to their secretaries who seem to think I haven't a leg to stand on regarding this issue... My Mum is now refusing to move back home unless I can be there for her so whether this will make a difference or not I don't know... She says she is willing to go to old folks home and leave the state take care of her... She is quiet upset too by the whole thing...

MouseTail

Paddy, I think you need to be pragmatic and realistic, the Council will not give you rights to your mams house whilst you are a coowner on the house with your ex wife, you should move in under the Carers Agreement, and do all you can to resolve the issue with your house. Have you entered the MARP process with the bank? Have they begun reposession procedures, so you have a separation agreement that deals with this? You need to be proactive, and not bury your head in the sand.

paddyjnr

MouseTail wrote: »

Paddy, I think you need to be pragmatic and realistic, the Council will not give you rights to your mams house whilst you are a coowner on the house with your ex wife, you should move in under the Carers Agreement, and do all you can to resolve the issue with your house. Have you entered the MARP process with the bank? Have they begun reposession procedures, so you have a separation agreement that deals with this? You need to be proactive, and not bury your head in the sand.

I know there is so much to do to find out all this stuff but I don't even know what questions to ask the bank or whether my solicitor can find this out. She doesn't even call me back when I try contact Her and then I wonder if she's the one I should be contacting. To be honest there is truth in what you are saying about burying my head in the sand but it is out of fear more than anything. I don't want the banks harassing me on top of everything else because they will be looking for money I don't have. I emailed my solicitor asking if she would get information on it. I am completely useless when it comes to all this stuff.

Gatling

Man your seriously not doing yourself any favours here ,
Start making calls asap

MouseTail

I can understand that. Your first priority is to get your mam home and settled. This must be very distressing for her. The Social Worker should discuss a package with you, what sort of support will be available to you as a Carer eg home help, applying for Carers Allowance, home adaptations etc.

You should then contact keepingyourhome.ie. I know you do not want to keep your home, but they are a free, Government backed service that will discuss the options open to you, the stages involved in the repossession process and the implications for you.

Electric Sheep

As far as I know, you can't inherit a council house from your mother. After she passes, there will be many families with children on the housing list ahead of you that will have priority on getting that house.

paddyjnr

MouseTail wrote: »

I can understand that. Your first priority is to get your mam home and settled. This must be very distressing for her. The Social Worker should discuss a package with you, what sort of support will be available to you as a Carer eg home help, applying for Carers Allowance, home adaptations etc.

You should then contact keepingyourhome.ie. I know you do not want to keep your home, but they are a free, Government backed service that will discuss the options open to you, the stages involved in the repossession process and the implications for you.

My mum wont be released from hospital until Monday so I have a little time to get things moving...okay I like the sound of this, I am going to contact this crowd by phone tomorrow and find out what stage the repossession is at and maybe they can tell me how to go about things from there.... thank you...

ted1

paddyjnr wrote: »

okay I am on illness benefit and I lost my house through a failed marriage and job loss, my house is in a different county which is still in the process of being repossessed 3 years later but an order was submitted to vacate by the Family court... The house is in serious negative equity therefore it was impossible for me to keep it on with my illness benefit...
While all this is happening, the council will not put my name on the housing list until they have written confirmation from the bank that is no longer in my name...
I am due to be put on the housing list very soon just waiting on letter from bank...

A house is serious negative equity has no beating in you being able to keep it. Negative equity only occurs when you sell it.
What you ate saying is that you could no longer afford to pay the agreed amount. If the house value had risen you still couldn't afford it.

Can someone who is an illness benefit and not able to work get classed as a career? It doesn't make sense to me.

Mrs OBumble

ted1 wrote: »

Can someone who is an illness benefit and not able to work get classed as a career? It doesn't make sense to me.

They are being classed as a carer in terms of why they are allowed to move into the mother's council house. (Council tenants cannot just take house-mates willy-nilly.) With the OP being ill as well, the HSE / social worker / GP should be arranging a bunch of support to help the OP "care" for his/her mother. Having one live-in person will make this a lot easier.


OP - the council staff are not actually being nasty to you, they are simply applying the law, and looking after your mother's interests and those of other people on the housing list who need a family home more than you do. There is a very clear principle that children do not "inherit" their parent's council tenancies, for a very good reason.

You need to get on the housing list in your own right as soon as you can. Don't be so despondent about your chances - there is social housing for elderly and disabled that is not available to families, and you might actually get offered a house sooner than families would.

Also, when you get on the housing list, make sure to tick the box that says you are interested in voluntary housing: this is social housing provided by non-profit associations rather than the council, it means that you will never have the chance to buy the house, but is the same as council housing in terms of house-for-your-lifetime. And being willing for it increases your chances.

When your mother does finally die, the council will not kick you out the next week. There will be a process for moving and it could well take months, during which the council will be very motivated to help you get suitable housing. So I wouldn't even bother about thinking about this possibility at the moment. Focus on fixing up your own house-situation, and helping your mother make the best of the time she has.

paddyjnr

Mrs OBumble wrote: »

They are being classed as a carer in terms of why they are allowed to move into the mother's council house. (Council tenants cannot just take house-mates willy-nilly.) With the OP being ill as well, the HSE / social worker / GP should be arranging a bunch of support to help the OP "care" for his/her mother. Having one live-in person will make this a lot easier.


OP - the council staff are not actually being nasty to you, they are simply applying the law, and looking after your mother's interests and those of other people on the housing list who need a family home more than you do. There is a very clear principle that children do not "inherit" their parent's council tenancies, for a very good reason.

You need to get on the housing list in your own right as soon as you can. Don't be so despondent about your chances - there is social housing for elderly and disabled that is not available to families, and you might actually get offered a house sooner than families would.

Also, when you get on the housing list, make sure to tick the box that says you are interested in voluntary housing: this is social housing provided by non-profit associations rather than the council, it means that you will never have the chance to buy the house, but is the same as council housing in terms of house-for-your-lifetime. And being willing for it increases your chances.

When your mother does finally die, the council will not kick you out the next week. There will be a process for moving and it could well take months, during which the council will be very motivated to help you get suitable housing. So I wouldn't even bother about thinking about this possibility at the moment. Focus on fixing up your own house-situation, and helping your mother make the best of the time she has.

Yes you are correct and thank you for your long positive reply, the more I look at the situation , the more I realise why it can't be passed down, I think I will just go in on the careers agreement and do what I can, in the meantime I can try to sort out my own issues without her worrying, this has already caused undue stress to her as she doesn't understand the whole legal thing as like I didn't before I came on to this forum.
I now have a very clear view as to where my priorities lie, thanks to you all on here.

paddyjnr

ted1 wrote: »

A house is serious negative equity has no beating in you being able to keep it. Negative equity only occurs when you sell it.
What you ate saying is that you could no longer afford to pay the agreed amount. If the house value had risen you still couldn't afford it.

Can someone who is an illness benefit and not able to work get classed as a career? It doesn't make sense to me.

The mortgage stands at 250,000 euro and the valuation for the family court last year was 175,000. it is also in arrears of more than 20,000 as it lay idle while I was hospitalised for my illness which was over two years...
I am being classed as a career by the city council, ie Careers agreement which they want me to sign... I am not a career...