HOMELESSNESS SUPPORT

WHO CAN BECOME HOMELESS AND WHY?

It may come as a surprise to discover the diverse range of individuals who are classified as homeless. Homelessness extends beyond those who sleep on the streets. Legally speaking, anyone without a place to reside or whose current living situation is no longer viable or secure is deemed homeless.

This includes individuals who are living in temporary shelters, staying with friends or family, residing in cars or other vehicles, or even those who are sofa-surfing. Homelessness does not discriminate based on age, gender, race, or socioeconomic status. It affects people from all walks of life, including families with children, veterans, individuals with mental health issues, and those who have experienced domestic violence or other traumatic events.

Contrary to popular belief, not all homeless individuals are unemployed. Many people who are classified as homeless have jobs but are unable to afford stable housing due to rising rent prices, low wages, or other financial hardships. These individuals may be working multiple jobs or have irregular employment, making it difficult to secure permanent housing.

Furthermore, homelessness is not always a long-term situation. Many individuals experience temporary homelessness due to unforeseen circumstances such as job loss, eviction, or natural disasters. These individuals may find themselves without a place to live for a short period until they can regain stability and find suitable housing.

Homelessness also encompasses a wide range of challenges and vulnerabilities. Those without a stable residence often face difficulties accessing healthcare, education, and Social Services. They may also be at a higher risk of experiencing violence, substance abuse, and mental health issues. The lack of a permanent address can make it challenging to apply for jobs, receive mail, or access government assistance programmes.

Addressing homelessness requires a multifaceted approach that goes beyond simply providing shelter. It involves addressing the underlying causes of homelessness, such as poverty, lack of affordable housing, and systemic inequalities. It also requires comprehensive support services, including job training, mental health counselling, and access to affordable healthcare.

Recognising the diverse range of individuals who are classified as homeless is crucial to developing effective policies and interventions. By understanding the complexities of homelessness and the unique needs of different populations, society can work towards creating a more inclusive and compassionate approach to addressing this pressing issue.

There are several reasons why you may find yourself in this situation:

Your tenancy is coming to an end or you are facing mortgage repossession
You are going through a relationship breakdown
Your current home no longer meets your needs
You are temporarily staying in crisis accommodation, such as a hostel or refuge, or relying on a friend's sofa.
You have received a Section 8 or 21 notice from your landlord

If any of these apply to you, or if you are at risk of becoming homeless, it is important to reach out to the council and contact our team for immediate help and support.

Your local council have a legal responsibility to assist anyone who is homeless or at risk. However, not everyone is eligible for help.

GETTING HELP FROM YOUR LOCAL COUNCIL

If you require assistance, it is advisable to reach out to the housing department of your local council. This could be your district, borough, or city council, depending on your place of residence.

To find your local council, you can search on the GOV.UK website at www.gov.uk/find-local-council. They should be able to provide advice and support during regular office hours, and there should also be arrangements in place for 24-hour emergency coverage.

The council is obligated to assist you if you meet two specific criteria:

You are either homeless or at risk of homelessness. Homelessness includes situations where your current home is no longer suitable for you to reside in. Being at risk of homelessness means that you are likely to become homeless within the next eight weeks

You are considered "eligible for assistance" based on your nationality and immigration status. Generally, British citizens are eligible, but if you have recently returned from living abroad, you may not be eligible.

If you are a private tenant and have received a valid Section 21 notice that is set to expire within eight weeks, you are automatically considered at risk of homelessness.

A Section 21 notice is a legal notice that a landlord can serve to initiate the eviction process. Once the notice expires, the landlord can take the case to court to obtain a decision on whether you must vacate the premises. This applies to assured shorthold tenancies, which is the most common type of tenancy for private renters.

The landlord can only serve a Section 21 notice after the first six months of your tenancy or at the end of a fixed term.

MAKING A HOMELESS APPLICATION

The council is responsible for reviewing your situation and determining whether you are eligible for assistance if there is reason to believe that you may be homeless or at risk. This standard for taking action is not very high - the council should not dismiss you based solely on a first impression or without providing a formal written decision unless it is evident that you do not meet the criteria.

If you urgently need a place to stay, it is important to inform the council. They are obligated to provide emergency accommodation while they assess your case if they have reason to believe that you are homeless or at risk, eligible for assistance, and in priority need.

Typically, emergency accommodation may consist of a bed and breakfast or a hostel. However, the council should consider your individual circumstances when determining what would be suitable for you.

All the necessary contact information for your council should be publicly available, including how to reach them in case of an emergency. This information can usually be found on the council's website.

If the council refuses to review your case or provide emergency accommodation, it is advisable to seek advice from organisations such as Shelter, our specialist team at Your Advice Hub, or a local law centre.

f you are deemed to be in the category of 'priority need', it signifies that you would face significant challenges in finding a new home due to your age, health, or other circumstances. This classification also indicates that you would be at a higher risk of experiencing harm if you were to become homeless.

GET YOUR HOUSING SUPPORT TODAY!

Facing eviction or receiving a Section 8 or 21 notice from your landlord can be intimidating. Dealing with bedroom tax or health concerns or sofa-surfing can also be overwhelming without the right information or support.

Our skilled advisors are available for a low investment of £59 to help you quickly and easily access the necessary forms and discuss your case with your housing officer.

Let us guide you through the entire process today!

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THE COUNCIL’S DUTY TO YOUR HOMELESSNESS CASE

Once you have made contact with the council and initiated a case, you must undergo an interview. The purpose of this interview is for the council to determine whether you meet the required criteria to receive assistance, specifically if you are homeless or at risk of homelessness and eligible for support. You may be interviewed multiple times.

The council holds the responsibility of gathering the information they need to make a decision. This may involve reaching out to relevant individuals such as your landlord or a family member with whom you reside. Regardless of the information gathered, you should have the opportunity to present your own case and challenge any findings that you disagree with. It is advisable to disclose any relevant information to the council from the outset.

At this stage, the reason behind your homelessness or risk of homelessness is not of primary concern. Unless you are seeking emergency accommodation, your personal circumstances, including your level of vulnerability, should not be a determining factor.

The law is unequivocal - if the council is "satisfied" that you are homeless or at risk and eligible for assistance, they are obligated to provide support. This implies that they acknowledge that you meet the necessary criteria. The council is required to provide you with a written decision, clearly outlining the reasons if they believe the criteria are not met. They must also inform you of how you can request a review of a negative decision and specify the deadline for doing so (typically 21 days).

KEY THINGS TO REMEMBER WHEN CONTACTING THE COUNCIL

Homelessness encompasses more than just sleeping on the streets. There are various forms of homelessness, and the council should not deny assistance based on property ownership or tenancy if it is not feasible for you to stay there
Assistance should be readily available at all times. Councils should operate a comprehensive service during regular office hours and have provisions in place for 24-hour emergency coverage. If unsure, refer to the council's website or contact the local police for guidance
The threshold for initiating a case is set low. The council should conduct an interview and make an official decision on your situation if there is a "reason to believe" that you may be homeless or at risk. This standard for taking action is not demanding. The council should only reject your case without investigation if it is evident that you are not homeless or at risk
The reasons behind your homelessness or risk are irrelevant at this stage. It is unlawful for the council to refuse to open a case or provide support on the grounds of you being "intentionally" homeless. The circumstances leading to your homelessness when you initially approach the council do not matter. Unless you require emergency accommodation, being in priority need is also inconsequential
If you are dissatisfied with a decision, you have the right to challenge it. Once the council opens a case for you, you can request an internal review of most decisions they make. This includes decisions regarding your eligibility for emergency accommodation or any form of support. If the council refuses to open a case, seek our advice from our team. Although you cannot request a review of this decision, there are alternative avenues to challenge it.

HOW TO PREPARE FOR YOUR COUNCIL INTERVIEW

The idea of an interview can be overwhelming. However, we have compiled a brief checklist of items to gather that can expedite the processing of your application and increase your chances of success.

Proof of identity and immigration status of all household members, such as birth certificates, passports, or residence permits
Evidence of your current or previous residence, such as tenancy or license agreements, utility bills, or Council Tax bills in your name. Alternatively, a letter from an official source addressed to you will suffice
Documentation explaining why you are homeless or at risk of homelessness, such as correspondence from your landlord, a mortgage lender, the court, or even family and friends if you are living with them
Proof of income, including benefit letters and wage slips
Letters from any professionals involved in your care, such as doctors, Social Workers, or domestic violence advocates
If applicable, crime reference numbers and copies of police reports

Please note that this checklist may not cover everything, so feel free to bring any additional documents that you believe may be relevant and helpful to your case.

However, do not worry if you are unable to bring everything on the list. It is the responsibility of the council to request the necessary documents. You are not required to prove your case, although you should always be allowed to fully explain your circumstances.

THE LOCAL COUNCIL’S DUTY OF CARE TO YOU

If the council determines that you are homeless or at risk of homelessness and meet the eligibility criteria, they are obligated to provide support for a specific period of time, typically eight weeks, as part of their homelessness prevention or relief responsibilities. This support is tailored to your individual needs and circumstances. Most individuals receive advice and assistance, although you may also receive an offer of social or private rented housing.

To gain a comprehensive understanding of your situation and requirements, the council will conduct a thorough assessment. This assessment will consider the reasons behind your homelessness, your housing needs, including suitable housing options, and the support necessary for you to secure and maintain suitable housing.

Based on this assessment, the council will develop a personalised housing plan and take reasonable measures to assist you in accordance with this plan. If you anticipate requiring significant support, it is important to inform the council so that it can be reflected in your plan. You may also argue that the most reasonable course of action for the council would be to offer you housing, particularly if you would face challenges in finding suitable housing on your own. In such cases, social housing may be advocated for to provide you with greater security.

In certain situations, the council may have a complete duty to rehouse you, as well as anyone you may reasonably be expected to live with.

The plan includes tasks that you will be expected to complete. Failure to follow these steps may result in the council withdrawing their support.

Since the plan is tailored to your specific situation, the outcome will be unique to you. Here are some of the actions the council may take to assist you:

Providing financial or other forms of support to help you secure private rented accommodation
Offering a safe place to stay if you are at risk of violence, abuse, or homelessness
Attempting mediation if you have been asked to leave by your family
Assessing whether you are eligible for any assistance to help with rent payments

Typically, support is available for a maximum of eight weeks. However, this duration may be shorter if the council is able to swiftly resolve your case or if you fail to comply with the steps outlined in your personalised plan. In certain circumstances, the support period may be extended.

If you are dissatisfied with the actions being taken by the council, it is possible to request a formal review. However, it is important to note that this must be done within 21 days of receiving notification. It is not possible to seek a review of the steps you are required to take.

If you find yourself in this situation, it is advisable to seek guidance from reputable sources such as Shelter, our team at Your Advice Hub, or a local law centre.

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