Homelessness Advice

What to do if you are homeless or are threatened with homelessness.

 

Definition of homelessness

Homelessness is legally defined by the following under the The Housing Act 1996:

• Have no accommodation to stay in. You could be street homeless, but you don't have to be to be legally homeless.
• Have no legal right to stay in the accommodation, e.g. squatting or 'sofa surfing.'
• Are experiencing domestic violence or are being threatened with violence.
• Cannot gain entry to own accommodation.
• Have nowhere to put your caravan, boat or mobile home legally.
• Not reasonable for you to continue to live in your accommodation, e.g. overcrowded or dangerous damp and mould.

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Are you threatened with homelessness?

Here are a list of reasons you might become homeless or be threatened with homelessness:

• Have received a section 21 eviction, which gives you 56 days to leave.
• Have received a section 8 eviction, which could give your landlord the right to evict you between 2 weeks and 2 months, depending on the terms that you have broken.
• Your parent, relative or friend has said that you can no longer stay in their accommodation.
• Being threatened with homelessness means that you are likely to become homeless in 56 days.

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What to do when you become homeless or are threatened with homelessness.

If you're threatened with homelessness:

• Inform your local council if you have received an eviction notice or are at risk of losing your home.
• They may have a prevention duty if you are threatened with homelessness.
• The council will first consider ways to keep you in your accommodation, e.g. requesting an extension from the landlord or helping to cover the cost of rent increases through a discretionary housing payment (DHP).
• A homeless prevention officer (HPO) will inform you of your options for finding alternative accommodation, e.g. applying to the housing register, finding privately rented accommodation or requesting emergency/temporary accommodation.
• Look for alternative and more affordable accommodation, either through the council or privately.
• If you're struggling to pay rent, see if you're eligible for the housing element of Universal Credit.

If you're homeless:

• Tell your local council. They will have a homelessness team who will be able to advise and support you.
• Make a homeless application, either by ringing the homelessness department at the council or completing an application on their website.
• Ring the 24 hour council emergency homelessness number if out of hours.
• You might be offered interim or emergency accommodation, that is if you are legally homeless, meet immigration conditions and have a priority need. Emergency accommodation is short term whilst the council assesses your situation and can often be hostels or hotel rooms.
• You might then be offered temporary accommodation whilst the council looks for somewhere permanent for you to stay, which can take some time. For families with children, this will usually be self-contained, meaning you will not have to share a bathroom or kitchen with others.

If you're street homeless you can let StreetLink know your location. They have an outreach service that can help offer you some support.

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Things to be aware of when asking the council for help:

Priority need:

• Emergency accommodation is usually provided by the council to those with priority need.
• This means that at least one of the following applies to you:
  • Pregnant or have a dependent chid.
  • Victim of domestic abuse.
  • 16 or 17 and cannot live at home.
  • Under 21 and were in care after you turned 16.
  • Have a physical or mental health condition which makes you vulnerable.

Intentional homelessness

• This means that your homelessness was caused by something you deliberately did or did not do, such as:
  • Not paying rent even when you could have afforded it.
  • Not claim benefits to help with rent.
  • Committing antisocial behaviour.
  • Giving up suitable accommodation.
  • Being evicted for a fault caused.
• You can also be found to be intentionally homeless if you reject a suitable housing offer, including emergency, temporary or permanent accommodation offered by the council.
• If the council considers you intentionally homeless they may drop their duty to house you altogether. However, you can appeal their decision and the council may have to provide some help for you to find accommodation that isn't council housing.

Suitability review

• If the council offers you temporary or permanent accommodation, which you consider to be inappropriate, you can apply for a suitability review within 3 weeks of the offer.
• Reasons for requesting a suitability review might include:
  • The property is unsafe e.g. mould and damp or structural damage.
  • It is inappropriate for your mental and physical health, e.g. an above ground floor property when you have disabilities that affect your mobility.
  • Is too expensive.
  • Too far away from place of work, school or places for regular appointments, where specialist care is received.
• We would recommend that if you wish to apply for a suitability review, you do so after you have accepted a housing offer from the council. That way you avoid being made intentionally homeless.

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If you are having difficulties, please contact the Friends, Families and Travellers helpline on 01273 234 777. We are open:

• Monday to Friday
• From 10.00am to 4.30pm
• Closed on Bank Holidays

Correct as of October 2024