Legal Definition

You would be considered legally homeless if:-

• You have nowhere to live in the UK (or anywhere else in the world)
• You are unable to stay in your home because of violence, or threats of violence, abuse, harassment, threats of serious overcrowding, very bad conditions, or because you can’t afford your housing costs
• There is nowhere you or your family can live together
• You don’t have permission to stay where you are living, eg you are a squatter
• You have been locked out of your home and have been prevented from returning

What should you do?

If you are homeless, or are likely to become homeless in the next 28 days, you should contact your local council housing department and ask for the person dealing with homelessness. Make sure you keep a clear record about who you are speaking to and the date (it may be a good idea to give the council a letter and keep a copy for yourself). The council must allow you to apply as a homeless person but it is only obliged to help you if you are ‘eligible for assistance’. How much help you receive will depend on your circumstances.

You may also want to contact an independent advice service which should be able to help you find out if you are entitled to assistance or, help you stay in your home if you are not yet homeless.

What will the Council do?

The council has a legal responsibility to house become how are, or about to become, legally homeless.

The Council will check
 

• That you are legally homeless and that you have not become intentionally homeless.
• That you are eligible for assistance
• That you are in a priority group
• Whether you have a local connection in the area (ie you have live or have lived in the area for some time, have a job or close relatives in the area or need to live in the area for a special reason)

The Council may provide you with somewhere to live whilst they make a decision. This would normally be a bed and breakfast hostel, hostel, flat or house (depending on your circumstances).

Eligibility for Assistance

You will not be considered for assistance if:
 

• You are an asylum seeker
• You are from abroad and have limited rights to remain in the UK, have stayed longer that you should have, you are not entitled to claim public funds, ie income support.
• You are in the UK illegally

What is a Priority Need?

The rules about priority need in England are:

• You are responsible for dependent children under 16 (or under 19 if still in full time education or unable to support themselves)
• You or someone you live with is pregnant
• You have become homeless as a result of a disaster, ie flood or fire
• You are aged 16 or 17 (unless you are under the care of social services)
• You are aged between 18 and 20 and used to be in care

The Council should also look to see if you would be classed as a vulnerable person. This includes would include someone who has a mental health difficulty or a disability (or if you live with someone).

What to do if the council refuses to help

If the council refuses to help they must tell you why in writing. You should get independent advice to help you find out if the decision is incorrect and can be reviewed or appealed.

The Council may consider you to be intentionally homeless if:

• You chose to leave a home could have stayed in
• You were at fault for losing your home
• You deliberately became homeless to take advantage of the system

What sort of help the Council will give you

If the council has found that you are homeless they must immediately provide you with accommodation. This may initially be emergency accommodation (eg a hostel) until a more long-term solution can be found.

Long-term accommodation can include:

• Council Tenancy: normally for an initial period of 12 months, after which it would automatically become a secure tenancy.
• Assured Tenancy: usually offered by a housing association or private landlord
• Qualifying offer: an assured shorthold tenancy with a private landlord for a fixed term.

You should take independent advice before accepting or rejecting any council offer.