If you are homeless or are in danger of becoming homeless after 3rd April 2018 a new legislation applies, it can be found here.
Homelessness (Our duty pre-April 2018)
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 Housing Options Section can advise on the help you may be entitled to.
I am or am about to be made homeless
If you are homeless now, or in danger of losing your accommodation, you should contact the Housing Options Section on 01900 702660 or firstname.lastname@example.org. We may be able to advise you over the telephone however, if the situation requires more detailed advice you may need an appointment to see a Housing Options Officer.
Our Housing Options service can provide help and advice to anyone who is experiencing problems with their accommodation such as notice to quit from your landlord, mortgage/rent arrears or other housing problems.
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. There are a range of homelessness prevention measures that we can use to help you if you are in danger of losing your accommodation:
• Homelessness Prevention Fund
• Debt advice
• Advocacy with landlords
• Bond Guarantees
• Referrals for support
• Signposting to other relevant agencies
• Emergency accommodation
If you have nowhere to stay tonight
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?
Details of each of the five criteria are below:
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.
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.
• You may be considered to have a priority need if you:
• Are homeless because of an emergency (e.g. flood, fire).
• 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.
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.
• You will be considered to have a local connection with Allerdale Borough Council if:
• You have lived in the Allerdale Borough Council area for six out of the last 12 months or three out of the last five years.
• You have close relatives, who you have a genuine connection with, who have lived in the Allerdale Borough Council area for the last five 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 and another housing association called Westfield Housing.
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 nominated as priority homeless to Cumbria Choice and to Westfield Housing. You will be given the highest banding with these housing associations and should be re-housed via this nomination. Please ensure that you are registered with these housing associations. See the information below on how to register.
If you are accepted
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 its duty towards you.
For more information about how Cumbria Choice works please visit the Cumbria Choice Website. Or download paper application below and post it to one of the Housing Associations listed on the back. Please be aware that making an online application is faster, so if your housing situation is urgent you would be advised to apply online.
Westfield Housing Association, are not part of Cumbria Choice but also have properties in Workington and surrounding areas. You will need to print a paper copy of their application and return to the address on the application. Download the paper application below.
You may also want to consider private sector housing as not everyone can be re-housed with the housing associations. We do not have an accredited landlord’s scheme, but we do provide a list of landlords who allow us to advertise their properties and this form can be downloaded here. Please note that this is not a list of vacancies.