Homelessness
All Councils have certain legal duties under the
provisions of the Housing Act 1996 Part VII (as amended by the
Homelessness Act 2002) to assist people who are in danger of
becoming homeless. Not everyone qualifies for full re-housing
assistance under this legislation and the Councils Housing Options
Section can advise you as to what assistance you might be entitled
to.
If you are homeless now, or in danger of
losing your accommodation, you should contact the Housing Options
Section as soon as possible on 01900 702660.
The Housing Options Service can provide advice
and assistance to anyone who is experiencing problems with their
accommodation. If, for example, you have received a notice to quit
from your landlord, have mortgage or rent arrears or have other
housing related problems you should seek advice as soon as
possible.
You may be advised initially over the telephone
or, if the situation requires longer more detailed advice, you may
make an appointment to see a Housing Options Officer.
It is our aim to help you stay in your
accommodation and we will be happy to contact your landlord or
mortgage provider to negotiate on your behalf. We have a range of
homelessness prevention measures that we can use to assist you if
you are in danger of losing your accommodation;
- Homelessness Prevention Fund
- Debt Advice
- Advocacy with landlords
- Bond Guarantee’s
- Referral’s for support
- Signposting to other relevant agencies
Emergency
Accommodation
If you have nowhere to stay tonight you may be eligible to be
provided with emergency accommodation, however this will depend on
your personal circumstances. The Council does not have a duty to
provide emergency accommodation to everyone who is homeless and you
will need to contact the Housing Options Service for an assessment
of whether you meet the criteria for accommodation to be
provided.
If it is not possible to prevent you from
becoming homeless you may wish to make a full homeless application.
There are five tests that the law requires all Councils to apply to
a homeless application in order to determine what duty, if any, may
be owed to you.
- Are you eligible for assistance
- Are you actually homeless, or are going to be within the next
28 days
- Do you have a priority need for accommodation
- Are you intentionally homeless
- Do you have a local connection to the Allerdale Borough Council
area
Eligible
The rules about who qualifies as being eligible
for assistance are complicated but generally you will NOT be
eligible for assistance from the Housing Options Service if;
- You are from abroad and are subject to immigration control
- You are from abroad and are not habitually resident in the
UK
- You are a British citizen but you have not been habitually
resident in the UK for a number of years
If you are unsure of your eligibility please
contact the Housing Options Section. We will ask you to provide
identification in the form of a passport, driving licence or birth
certificate. You will also be asked to provide any documents which
you have been issued by the Immigration Service that show your
immigration status.
Homeless
You may be considered to be homeless if any of
the following apply to you, either now or in the next 28 days;
- you no longer have a legal right to stay in your home
- you have somewhere to live but you cannot gain entry to it
- you have fled your home through fear of violence
- You and your family have nowhere that you can stay
together
- Your home is a caravan or boat and you have nowhere to legally
place it and live in it
There may be other situations that apply to you
which are not listed above. Each applicant will have their
individual circumstances taken into account on application.
Priority Need
You may be considered to have a priority need if you;
- Are homeless because of an emergency (e.g. flood, fire)
- You have dependent children who normally reside with you
- Are pregnant (certificate of confinement will be required)
- Are aged 16/17 years old and are not considered as a ‘Child in
Need’ by Social Services
- Are aged between 18 and 20 and have formerly been in
‘Care’
You may also have a priority need under the
legislation if you are considered to be ‘vulnerable’. To determine
if you are vulnerable we may request information from other
agencies – including supporting letters.
To be provided with temporary
accommodation you must not only be homeless but must also be deemed
to have a priority need.
Intentionally
Homeless
The Council will not have a duty to provide
housing for you if you are found to be intentionally homeless. You
may be found to be intentionally homeless if you have deliberately
done something, or failed to do something, which has caused you to
become homeless. For example, if you lose your home because you did
not pay your rent or mortgage despite being able to afford to do
so.
If you are found to be intentionally homeless we
will give you advice and assistance to help you find somewhere else
to live.
Local Connection
You will be considered to have a local connection
with Allerdale Borough Council are if;
- You have lived in the Allerdale Borough Council area for 6 out
of the last 12 months or 3 out of the last 5 years
- You have close relatives, who you have a genuine connection
with, who have lived in the Allerdale Borough Council area for the
last 5 years
- You are employed in the Allerdale Borough Council area
All five tests will require enquiries by the
Housing Options Officers to verify what you have told us. This may
require contact with your Family, your Doctor, Social Worker or
other Support Worker, The Police, other Government agency or
department, or any other relevant source of information that is
needed to determine the Council’s duty.
What Happens Next?
The Council no longer has any housing stock and
therefore, in order to satisfy the re-housing duty that may be owed
to a person who has qualified for assistance, we have partnered
with the Housing Associations who have houses in the Allerdale
Borough Council area in an internet based system called Cumbria
Choice.
If you have made a full homeless application and,
following the Housing Options Officers enquiries, you are accepted
for the full re-housing duty you will be granted Band ‘A’ status
within the Cumbria Choice system for re-housing. Band ‘A’ is the
highest category status within the Cumbria Choice system and you
will then be able to bid for properties – as advertised weekly. For
more information about how Cumbria Choice works please follow the
link below.
http://www.cumbriachoice.org.uk/Data/ASPPages/1/30.aspx
If you are accepted for the full re-housing duty
you will be provided with temporary accommodation, if you have
nowhere else to stay, until either you have been re-housed or the
Council otherwise discharges it’s duty towards you.