Homelessness and Prevention

The Council operates a homelessness prevention and tenancy relations service and our first priority is to prevent your homelessness. Advice and assistance will be given both before and during any homeless application to carry out this duty. This may include assisting you to remain in your present accommodation through mediation/negotiation with your landlord. Help to find suitable alternative accommodation through other housing options available to you.

Making a homeless application
How will I know if I can be considered as homeless?
What should I do if I am homeless or think I am going to be homeless ?
What if I am Homeless today?
Will the Council have to house me if I am homeless?
What happens if I am accepted as owed a duty to re-house?

Making a homeless application

We have a duty to investigate applications by people who claim they are homeless.

The Housing Act 1996 Part VII (Homelessness) as amended by the Homelessness Act 2002 sets out the law on homelessness. The law is complex, but this guide will explain to you the duties the Council has towards you if you are homeless, or likely to become homeless within 28 days.

How will I know if I can be considered as homeless?

The Council must give everyone as much advice and assistance as possible. If you are homeless or think you are threatened with homelessness the first thing the Council will do is to arrange for you to have an interview with an experienced caseworker to see if you meet these conditions.

• You have nowhere to live in the United Kingdom or anywhere else in the world.

• You have a home but cannot return to it because you, or a member of your family would be at risk of violence from a person who is associated with you there.

• You have a home but have been locked out and cannot secure entry to it.

• Your home is a mobile home, caravan, boat or other moveable structure and have nowhere to put it legally.

• You are living with friends or relatives and have been asked to leave.

• You have a home but it is unreasonable for you to continue to live there.

What should I do if I am homeless or think I am going to be homeless ?

If you think you are homeless or likely to become homeless you should contact the Council’s Housing Options Service.

You can contact the service by telephone or by calling at the Council’s Greyfriars House Office in person. Advice drop-in sessions are held Monday, Tuesday, Wednesday and Friday between 9.00 am & 12.00 midday. This is a first come first seen service with allocated time slots and you may have to wait. At busy times these tend to fill up early, so you may be asked to return another day.

If you are homeless or threatened with homelessness and we have reason to believe that you meet the criteria for assistance you will be given an interview appointment usually within 10 working days (in certain circumstances a home visit may be carried out).

However if your situation is an emergency you will be given an appointment the same day.

What if I am Homeless today?

Interim accommodation will be arranged for you if we have reason to believe that you may:

• be homeless;

• be eligible for assistance and

• have a priority need

• Note: Interim accommodation may be bed & breakfast type accommodation.

Will the Council have to house me if I am homeless?

No, the Council does not have to house everyone who is homeless or threatened with homelessness. The precise duty owed by the Council depends on the following set of tests. These are whether an applicant:

• Is actually homeless within the terms of the legislation.

• Is eligible for assistance under the Act.

• Falls within one of the defined priority need categories.

• Did not make themselves homeless intentionally within the terms of the Act.

• Has a local connection with the authority where the application is made.

These tests determine the extent of the duties and rights under the 1996 Act as amended.

If you are a person from abroad or a person subject to immigration control (within the meaning of the Asylum and Immigration Act 1999) you are not entitled to any help with housing.

If you are homeless and in ‘priority need’ but decided ‘intentionally homeless’, the Council will only have a duty to provide temporary accommodation for a limited period and advice and assistance to enable you to find your own accommodation.

Applicants to whom no re-housing duty is owed are now entitled to a greater level of advice and assistance this will be based on an assessment of their individual housing needs

Right to a Review

A decision will always be given in writing. You have the right to request a review of the Council’s Decision. A leaflet explaining this procedure will be included with the decision letter. A copy of this leaflet is also available on request.

What happens if I am accepted as owed a duty to re-house?

In discharging its duty under Section 193 the Council will provide temporary accommodation. This may be a self contained unit, a private sector letting, or a temporary Housing Association tenancy. This accommodation would continue as temporary accommodation until you accept a Homeselect property or other qualifying offer. If you refuse any offer of suitable temporary accommodation, we could discharge any duties owed to you under homelessness legislation. The Council will cease to be subject to a duty under Section 193 if:

• you become homeless intentionally from the accommodation made available for you

• you accept a Homeselect property, or other qualifying offer

• you voluntarily cease to occupy the accommodation available

• you refuse a suitable Homeselect property or

• other suitable temporary accommodation.

You will be registered on the Council’s Homeselect Scheme. Those Homeless applicants who receive a S193 duty to re-house will normally receive priority for up to 12 months from the date of decision. (Notification of your banding will be sent to you separately in writing from the Homeselect Team). During the priority period you should be actively bidding for Homeselect properties of all types. Reviews of bidding will be carried out and if it is considered that you have not exercised your right to bid reasonably a direct final offer will be made. ( In all cases we reserve the right to submit bids on your behalf after a period of 3 months from the date of this letter).

If you refuse this offer when it was reasonable for you to accept it, the Council will be considered to have discharged its duty to you under Section 193 (6) of the above act. In addition, if you occupy temporary accommodation, which the Council has found for you the temporary accommodation may also be brought to an end. You may remain on the Homeselect Register but your priority will be reviewed.

You will receive one final offer of suitable accommodation from the Homeselect Register. If you refuse this offer when it was reasonable for you to accept it the Council will be considered to have discharged its duty to you under Section 193(6) of the above act. In addition if you occupy temporary accommodation which the Council has found for you, pending such an offer, the temporary accommodation may also be brought to an end. You may remain on the Homeselect Register but your priority will be reviewed.

However under Section 202 of the Act you can request a review of the suitability of a final offer, whether or not you have accepted the offer. A request for review should be made within 21 days of receiving a final offer.