Homeless - What help can I get from the Council?

Transcription

1 Booklet No. 28 Homeless - What help can I get from the Council? Printed by Media Creation Tandridge District Council. March 2014.

2 We can provide this document in a range of languages and formats on request. Please contact Tandridge District Council on It is also available on the Tandridge website Homeless - What help can I get from the Council? Introduction Losing your home is a stressful experience. Most people manage to find somewhere else to live without help, but this is not always possible. This leaflet outlines what the Council s duties are should you become homeless. It is important you make every effort to get advice as early as possible and do everything you can to keep your home. This is a general guide to homelessness and how we deal with cases. It cannot be taken as a statement of law. Before you make any important decisions, please seek advice. The Council s duties to help are under the Housing Act 1996 Part VII (Homelessness) as amended by the Homelessness Act This is the legislation the Council uses to make decisions about homelessness. The section intentional homelessness outlines why in some circumstances we do not have a duty to help you if you lose your home when you have not made every effort to keep it. It is an offence knowingly or recklessly to make a false statement, or to knowingly withhold information relevant to your application. If you are convicted of doing that you can be fined. We have a separate guide to finding accommodation in Tandridge, which outlines the various options available and help we can give. Homeless - what do I do? If you are about to become homeless, we can offer you a housing options interview to discuss your options. You can request an appointment by contacting a Housing Needs Adviser - see page 8 for contact numbers. If you are already homeless there is no need to make an appointment - just phone or call into the Council Offices, Oxted. -2-

3 To help us deal with your situation you must provide the following documents: Any Notice to Quit, Notice Seeking Possession or Eviction Warrant you have received. Any Court Orders regarding your home. Any tenancy agreements you have. Birth certificates for each member of your household. Divorce papers (if applicable). Proof of pregnancy (if applicable). Proof of income for you and your partner. Passports. Child Benefit book (if there are children in your household). To help decide whether the Council has a duty to find an alternative home for you, the Housing Needs Officer will look at whether you: Are eligible for assistance. Are homeless or likely to be homeless within 28 days. Have a priority need for assistance. Became homeless or threatened with homelessness intentionally. Have a local connection with the Tandridge District. While the Council is considering your case, emergency accommodation may be provided if you have nowhere else to stay. Who is eligible for assistance? You will generally be eligible for assistance if you: Are not subject to immigration control. Are normally resident in the UK. There are others within these groups who are also not eligible for assistance. This area is particularly complex and subject to change and an assessment has to be made for each case. The Council cannot generally provide help for people who have no right to live in the United Kingdom. -3-

4 What if I am an asylum seeker? Asylum seekers whose claim for asylum was made after 2 April 2000 are not eligible and should apply to the UK Border Agency (UKBA). Some asylum seekers who claimed asylum before 3 April 2000 may be eligible and would need to approach the Housing Needs Section for advice. For further advice contact Asylum Aid Tel: Open on Mondays 2pm-4:30pm and Thursdays 10am-12:30pm Website: Migrant Helpline - Tel: Refugee Council London One Stop Service Tel: Website: Who is homeless? People are homeless if: They have nowhere to stay that night. They have been staying where they have no legal right to remain. They have a home, but are at risk of violence if they remain there. They have nowhere they can live with their family or people with whom they normally live. If any of these circumstances apply or are likely to apply within the next 28 days, the Council will have a duty to provide appropriate advice and assistance to help prevent you becoming homeless. What is priority need? Not all people who are homeless have a priority need for assistance. You will be in priority need if you, or a member of your household, are: Pregnant or have a dependant child or children living with you. Vulnerable as a result of old age. Vulnerable due to a serious medical/psychiatric condition or physically disabled. Homeless as a result of an emergency, such as a fire or flood. 16 or 17 years old. A care leaver aged 18 to 20. Vulnerable as a result of fleeing violence or threats of violence. Vulnerable as a result of an institutionalised background, caused by, for example, having been in prison, in care or having served in the armed forces. -4-

5 If you are homeless, but do not have a priority need for assistance, the Council will not be able to provide you with accommodation or emergency housing. We will assess your housing needs and offer you appropriate advice and assistance to help you find a home. How do you become intentionally homeless? You could be regarded as being intentionally homeless if you had a home you could have stayed in, but gave it up deliberately, or lost it through your own fault. For example it may be that you: Lost your home because you deliberately failed to pay the rent or monthly mortgage repayments, even though you had the money. Did not follow advice on retaining your home given by qualified advisors such as the Citizens Advice Bureau or a solicitor. Were evicted because you broke the terms of your tenancy agreement. Made an arrangement with your landlord, relative, or friend to be evicted. Failed to follow the advice and assistance given by the Council to help you find other accommodation. If the Council believes you have become intentionally homeless we only have a duty to ensure accommodation is available for you for a limited period, even if you are in one of the priority need groups. In this case you will be expected to find your own accommodation, having received advice and assistance from the Housing Needs Officer. If you have children you may be referred to Social Services if the welfare of the children may be at risk. Social Services will not necessarily provide accommodation. What is meant by local connection? If you, or your family, live in the Tandridge District, or you have permanent employment in the area, you may be considered to have a local connection. There are government guidelines about what can be considered a local connection, which the Council will take into account when assessing your case. Residence with, or employment by, the armed forces does not count as a local connection, neither does residence in a prison, hospital, or institution. -5-

6 Telling you our decision Once we have completed our enquiries, we will write to tell you our decision and how we reached this. This will include details on the duty the Council has, if any, to provide you with accommodation. In most cases we aim to provide you with the decision within 33 working days, if we receive all the necessary information and documents from you and other agencies quickly. Providing accommodation We will have a duty to help you with accommodation, if we are satisfied that you: Are eligible for assistance. Are homeless. Are in a priority need group. Did not become homeless intentionally. Have a local connection with Tandridge. The Council cannot provide permanent accommodation immediately for a family which is homeless, but has a duty to arrange temporary accommodation until permanent accommodation is available or until this duty otherwise ends. This temporary accommodation is likely to be in the Council s hostel or one of its designated temporary accommodation units. It could also be an offer of private rented accommodation, if this is considered appropriate. Ask for the leaflet What can I expect from temporary accommodation for more details. You will be expected to join the Council s Housing Register to secure permanent accommodation. Tandridge operates a Choice Based Lettings scheme (CBL) called Home Choice. CBL aims to help applicants take a greater role in choosing their home. Like in the private rented sector, available social rented (council and housing association) homes are advertised and applicants can express their interest in advertised homes in the areas where they would like to live. The Council will no longer offer properties to applicants just because they are on its housing lists. You will only be offered the tenancy of a particular property if you have registered a bid for it. For further information please ask for a copy of the leaflet The Housing Register. -6-

7 No local connection with Tandridge? If we have accepted a duty to help you with housing, but you do not have a local connection, we may refer you to another council with which you do have a connection. That council will have a duty to provide you with accommodation in its area. If this happens, the Housing Needs Officer will explain how the referral procedure works. What happens if you are not happy with the accommodation offered? Initially it may be difficult to provide you with the type of accommodation you want. If you are unhappy with the accommodation offered while the Council is investigating your application, please discuss your concerns with a Housing Needs Officer who will try to help. Please get professional advice before you refuse, as the Council is likely to have done all that is required by law and will not have to make you another offer. If you are unhappy with the temporary accommodation you have been offered after the Council has given you a letter to say it accepts a duty to house you, you have a right to request a review of the suitability of the accommodation. Please talk to a Housing Needs Officer to see if we can find a more suitable alternative. If not, you can request a review within 21 days of your offer by writing to the Housing Needs Manager stating the needs of you and your family and why the accommodation offer is unsuitable. You can still request a review even if you accept the offer made. You may wish to take advice from the Citizen s Advice Bureau, Shelter or an independent solicitor. What if you are not happy with the Council s decision? First you should discuss your concerns with the officer who has made the decision. If you are unable to resolve the matter you will have 21 days from the date of your decision letter to request a review of your case. This request must be made in writing to the Housing Needs Manager, who will normally arrange for you to be advised of the decision on this review within 56 days. Further information about how you can get advice on reviews can be found on the Shelter (independent housing advice agency) website What happens if you are homeless, but not in priority need? The Council does not have a duty to provide housing for you, but it has a duty to assist you in finding alternative accommodation. An officer will talk to you about your needs, the availability of accommodation in the area and your rights to welfare benefits. -7-

8 More information? For advice and further information contact Housing Needs. Housing Needs Officers (Cover surnames) A-G H-R S - Z Senior Homelessness and Advice Officer Write to: Housing Needs & Advice Services Tandridge District Council Offices 8 Station Road East Oxted, Surrey RH8 0BT homelessnesss@tandridge.gov.uk Fax: Website: Independent advice and help Independent advice is available from: Citizens Advice Bureau 1st Floor Library Building, 14 Gresham Road, Oxted RH8 0BQ Tel: Soper Hall, Harestone Valley Road, Caterham CR3 6YN Tel: The Citizens Advice Bureau is also able to provide a list of independent solicitors in the area. Shelter (independent housing advice service) The Orchard, 1-2 Gleneagles Court Brighton Road, Southgate Crawley RH10 6AD Tel: Shelterline Tel: (freephone) 8am-8pm Mon-Fri 8am-5pm Sat & Sun Website: -8-