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Housing - Adur Homes Services
Looking for housing? - What do I do if I'm about to become, or am already homeless?
How can Adur District Council help if you are homeless or about to become homeless?
- Housing advice and the prevention of homelessness
- What happens if I need to make a homelessness application?
- Am I eligible for assistance?
- Am I homeless or threatened with homelessness?
- Am I in priority need?
- Who is intentionally homeless?
- What happens if the Council says I am intentionally homeless?
- Do I have a local connection?
- What is temporary accommodation?
- The council's decision (including guarantee deposit scheme)
- What can I do if I am unhappy with a decision made about my case? (including reviews and appeals)
- How can I get a permanent home?
- Will I get help with removals and what will happen to my belongings/pets?
- Finally ...
Housing advice and the prevention of homelessness
The council will always try to help you keep your home if possible. If you think your home is at risk or you may lose your home, ask to speak to a member of the Housing Advice and Options Section straight away, or telephone for an appointment on (01273) 263010 / 263223 or send housing options an e-mail
What happens if I need to make a homelessness application?
Certain people who are homeless or threatened with homelessness have a right to help from the council. Not everyone is entitled to be housed.
For all applicants, we will give advice and assistance to help you with your housing problem.
The law says that the council does not have to arrange even short-term temporary accommodation for homeless people unless they are :
- eligible for assistance, and
- homeless, and
- in priority need.
The council also has to look at why you have become homeless and if you have a local connection with this area.
If you think you need to make a homelessness application please either phone the Homelessness Section on (01273) 263204 / 263352 or send the homelessness section an e-mail to arrange an appointment. Before the interview, you must fill out the Housing Options form we will supply and bring along the documents we will need.
Am I eligible for assistance?
The law says that in general, a person subject to 'immigration control' is not eligible to get help with rehousing. There are, however, a number of exceptions to this and the government has made special arrangements for asylum seekers. If you are in any doubt, please ask to speak to a member of the Housing Advice and Options Section (telephone numbers as above).
Am I homeless or threatened with homelessness?
Under the Housing Act 1996 Part VII, you are 'homeless' if :
- You have no accommodation you are entitled to occupy (by permission as a tenant or owner); or
- Your family have to live apart because you do not have somewhere you can all live together; or
- You have a home but cannot gain entry to it; or
- You have a home but you are in danger of violence from a partner, ex-partner with whom you live or used to live, or are in danger of violence from a close relative; or
- You have a home but it is unreasonable for you to go on living in it.
You are treated as threatened 'with homelessness' if it is likely you will be homeless within 28 days.
If you are losing your home or are worried that you may become homeless, please contact the Housing Advice Section (01273) 263010 as soon as possible. Do not wait until you receive notice or are threatened with homelessness. With early advice, you may be able to save your home, get extra time or at least help minimise debt.
Am I in priority need?
Again the Housing Act 1996 Part VII, sets out the groups of people who are generally seen as having a priority need. You are likely to be in priority need if :
- You have dependant children under 16 normally living with you; or
- You have dependant children under 19 normally living with you who are still in full time education; or
- You or a member of your household is pregnant; or
- You are homeless following a fire, flood or similar emergency; or
- You or a member of your household are considered 'vulnerable' because
of :
- Old age;
- Mental illness or handicap; or
- Physical disability; or
- Other special reasons.
- You are aged 16 or 17 and not a relevant child
- You are 18 to 21 and a relevant child
- You are vulnerable as a direct result of :
- Being subjected to violence connected to your present accommodation
- Serving in the regular armed forces and have been homeless since discharge
- Having been detained in lawful custody and have been homeless since release
The council will expect to get information to show that you fall within one of the above groups. This may include checking with your G.P., speaking to schools, the Benefits Agency or anyone else who may be able to help.
Who is intentionally homeless?
The council will also look at why you have become homeless. If you are homeless because of something you have done (or not done) and this leads to you being asked to leave your home, you could be told you are 'intentionally homeless'.
If you have become homeless through no fault of your own and in circumstances beyond your control, then it is unlikely you will be treated as intentionally homeless.
If you think you may lose your home, it is important you get advice as soon as possible.
Do not leave whilst you have a right to stay as this may affect what help you receive in the longer term - Always seek advice before giving up your home.
What happens if the council says I am intentionally homeless?
The council does not have a legal duty to re-house someone who is found intentionally homeless.
If the council have already provided temporary accommodation this will normally be extended for a 'reasonable period' (usually 14 to 28 days) to allow you to make other arrangements.
The council will provide you with advice to help you find other accommodation, however, you will be responsible for getting and keeping your new home.
Do I have a local connection?
If you are 'eligible', 'homeless', 'in priority need' and not 'intentionally' homeless, then the council must look at whether you have a local connection with this area.
You will usually have a connection if :
- You have lived in the area for six out of the previous 12 months, or three out of the previous five years; or
- You are permanently employed in the area; or
- You have close family (mother, father, brother, sister or adult children - who have lived in the area for at least five years); or
- You have any other special connection with the area.
If you do not have a 'local connection', the council may refer your case to another council where you do have a local connection. If you have a local connection with more than one council you will be able to say where you would like to apply. If you have no local connection, the council will assist you itself.
What is temporary accommodation?
Under the terms of the Housing Act 1996 Part VII, the law says the council can only give temporary accommodation to homeless people.
The council uses a variety of 'temporary accommodation', however, in most cases this is likely to be :
- Self-contained or guest house accommodation; or
- A mobile home owned by the council; or
- A hostel owned by the council; or
- Other temporary accommodation.
You will be responsible for meeting the cost and making sure you do not break the rules whilst you are living in temporary accommodation (i.e., do not cause damage, or nuisance etc.). If you are on benefit or a low income you may get help to pay the weekly charge from Housing Benefit.
Due to the high level of demand from homeless people, in most cases the council will try to prevent homelessness or get 'extra time' to help keep the use of emergency accommodation to a minimum. Even so, most homeless applicants can expect to stay in emergency accommodation until other temporary accommodation can be found (e.g., mobile home/hostel).
If you refuse an offer of temporary accommodation that is considered reasonable for you to accept the council's duty to you will end and you will need to make your own arrangements.
For more information about temporary accommodation :
Tel : (01273) 263353 / 263354
or send an e-mail about temporary
accommodation
The council's decision
Once your case has been looked into, the council will write to you to tell you what decision has been made.
If you are :
- Eligible; and
- homeless; and
- in priority need; and
- you have not made yourself homeless; and
- there is nowhere suitable and available for you to live,
then the council will have a duty to make sure you have accommodation until you are able to be rehoused into secure accommodation or you find other suitable accommodation, whichever is sooner. This could be by providing temporary accommodation or by helping you to move to the private sector with a loan under the council's rent in advance/guaranteed deposit scheme.
If you do not have a local connection with this area, the council may refer you case to an area where you do have a connection. That council will then be responsible for making sure you have accommodation. (Please refer to the local connection section).
What can I do if I am unhappy with a decision made about my case?
In most cases, if you are unhappy about a decision made by the Homelessness Section you can request a review of the decision either by sending an e-mail to the homelessness section or by letter, detailing your reasons for requesting a review of the decision. A senior manager who has not been involved in you case before will deal with this.
You must ask for a review within 21 days of the date of the decision. Details of how to go about requesting a review are set out in the council's 'Homelessness Review & Appeal Procedure' notes. You can get a copy from the Homelessness Section at the Civic Centre.
If you are unhappy with a review decision, you have the right to 'appeal' to the County Court on a point of law. To do this you must make the Appeal within 21 days of the review decision.
If you intend to request a review or appeal, you may want to get independent legal advice. You can get free advice from the Citizens Advice Bureau or from Shelter's website (www.shelter.org.uk). You could also speak to a solicitor who will advise you on your rights.
The council does not normally continue to provide temporary accommodation whilst a review or an appeal is taking place, however, the council may choose to do so in exceptional circumstances.
How can I get a permanent home?
The council can only give you a permanent home if you come to the top of the Housing Register.
As soon as you move to temporary accommodation you must fill out a Housing Register application form to register your need for a permanent home.
If you are in temporary accommodation the council will only make one offer of permanent accommodation. Although we will try to make sure an offer is in an area you want, we cannot guarantee that this will be possible in all cases.
The council's housing policy says that they will not normally give someone a permanent home if they have rent arrears or other outstanding housing related debts. If you do owe money to the council you should contact your housing officer to make an arrangement to start repaying the debt. If you ignore the debt and do not make an effort to repay, the council is likely to take legal action and may withdraw temporary accommodation when your case is reviewed.
We cannot say exactly how long it will take before we can offer you a permanent home as we can only re-house you when suitable vacancies become available. However, in the majority of cases we are able to re-house permanently within two to three years.
Please contact the Lettings Section on (01273) 263316 / 263317 for further information.
Will I get help with removals and what will happen to my belongings / pets?
In exceptional circumstances the council may help with removals and storage, but only if we consider you cannot make suitable arrangements yourself.
If help with removals is agreed, this will only be provided to help you move from the place where you become homeless to your temporary accommodation. The council reserves the right to charge you for any removal or storage costs paid on your behalf.
You will be responsible for arranging/paying for removal expenses if you are moving from temporary accommodation to a permanent home.
Most temporary accommodation will not allow pets and you will need to make your own arrangements. In exceptional circumstances the council will help you arrange boarding for pets, however, you will be responsible for meeting the full cost of the weekly/monthly fees.
Finally ...
This information is not intended to give an authoritative interpretation of the law, nor does it cover all cases. If you are in any doubt about your legal rights seek independent advice.
You can find out more by contacting :
- Paul Spedding, Executive Head of Housing, Health and Community Safety
Te: (01273) 263363 : Fax : please ring
send the Executive Head of Housing, Health and Community Safety an e-mail
or - Jackie Leftwich or Gary Thurston, Housing Needs Managers
Tel : (01273) 263285 : Fax : please ring
send the Housing Needs Manager and e-mail
You should call or contact your local police station outside normal hours.
See also :
