Tenants Handbook - Housing advice and homelessness
CHAPTER 13 - HOUSING ADVICE AND HOMELESSNESS
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- Am I eligible for assistance?
- Am I intentionally homeless?
- What kind of temporary accommodation will I be offered?
- Can I appeal if I am not happy with the Council's decision on my application?
- How do I get housing and homelessness advice?
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HOUSING ADVICE
The Council provides a housing advice service to anyone, not just our tenants. We will provide information to you to enable you to make informed decisions about your housing options.
A key aim is to provide services to homeless people or those threatened with homelessness in
To try and prevent homelessness occurring, we will offer advice on:
- Relationship breakdown and the implications for housing
- Parental evictions
- Landlord and tenant rights
- Escaping domestic abuse
- Dealing with harassment or violence from others
- Illegal eviction and disrepair
- Discretionary housing benefit
- Referrals to the Citizens Advice Bureau for independent legal or financial advice
- Alternative temporary accommodation
- Alternative housing options, such as the private rented sector, home ownership options, voluntary organisations or supported housing options
The housing advice service is also able to give you contact details for more specialist advice or advocacy.
A directory of services is available, listing information and contact details for statutory and voluntary agencies. The directory does not recommend or rate any of the services included. Information leaflets and the directory of services are available in the Customer Service Centre or on our website.
HOMELESSNESS
You should contact a Housing Advice/Homelessness Officer for advice if you are homeless or threatened with homelessness within 28 days to discuss your situation and to decide if you need to make a homelessness application.
You should bring important, relevant documents with you, such as a court eviction order, notice from your landlord and, if applicable, any rent statements. You will also need to bring some form of identification for each member of your household, such as a birth certificate, medical card or driving licence.
Applying as a homeless person is not the same as being on the Hampshire Home Choice Scheme for permanent council housing. Accommodation for homeless people is normally temporary accommodation with shared facilities.We are required by law to fully investigate any homeless application made to find out what duty we may have towards a homeless person. We will investigate whether the applicant is:
- Eligible for assistance
- Homeless or threatened with homelessness within 28 days
- In priority need
- Intentionally homeless
- Has a local connection to the
Winchester district
Most people are eligible for assistance. However, you are probably not eligible for
assistance if:
- You are an asylum seeker. Most asylum seekers get temporary housing arranged by the Home Office
- You are from abroad and have limited rights to remain in the
UK or you have stayed longer than the time you were allowed - You are from abroad and you are not entitled to claim public funds, for example, Income Support
- You are a
UK citizen, but you have not lived in the UK for a long time. You are strongly urged to get advice. Adult Services may have a responsibility towards you - We think you came to the
UK illegally. We can investigate your immigration status and inform the immigration authorities, if necessary - You are a European national from outside the European Union, who has no right of residence in the
UK
If you are not eligible for assistance, we will not be able to help you, but you may be able to get help from Hampshire County Council's Adult Services Department. See page 88 for contact details.
The legal definition of homelessness covers more than being out on the streets. You will be considered homeless if:
- You have nowhere to live in the
UK or anywhere else in the world - You can not stay in your home because of violence or threats of violence towards you
- You have nowhere you can live together with your family or anyone else who lives or could reasonably be expected to live with you, for example, your children, partner or a carer
- You do not have permission to stay where you are, for example, you are a squatter
- You have been locked out of your home and not allowed back in
- You live in a boat, mobile home or caravan and there is nowhere you are allowed to put it
- You have somewhere to live, but it is not reasonable for you to stay there. This may be because of actual or threats of violence, abuse or harassment, or because of serious overcrowding or very bad conditions, or because you cannot afford your housing costs
If you have more than 28 days before you have to leave where you are living, you should still contact us for advice.
You are in priority need if you:
- Are responsible for dependent children, usually those under 16 or under 19 if they are in full-time education or are unable to support themselves
- Or someone you live with is pregnant
- Are homeless as a result of flood, fire or other disaster
- Are 16 or 17 years old, unless Adult Services has a responsibility towards you
- Are 18 to 20 years old and leaving care. If you are a student in full time, higher or further education whose accommodation is not available during the holidays, Adult Services may have a responsibility towards you
- Are vulnerable
When deciding whether you are vulnerable, we will consider whether your personal circumstances make it particularly difficult for you to find and keep accommodation. We have discretion in deciding who is vulnerable and will contact any relevant professional to help us make a reasonable decision.
For example, we may decide that you are vulnerable because you:
- Or someone you live with, is an older person
- Or someone you live with, has a physical or mental illness or disability
- Have been in care and are over 21 years old
- Have been in the Armed Forces or prison in the past
- Can no longer stay in your home because someone has actually, or threatened you, with violent or abusive behaviour. This also applies to anyone facing harassment due to his/her gender, ethnic origin or religion
- Or someone you live with is vulnerable for another special reason
We may decide that you have made yourself homeless if we believe that:
- You chose to leave a home which you could have stayed in; or
- It was your fault you lost your home; or
- You arranged to be made homeless to take advantage of the system; or
- We helped you to get suitable accommodation which you didn't take up
When deciding if you are intentionally homeless, we may look at why you left your previous accommodation if it was only temporary.
If you are homeless through no fault of your own and in circumstances beyond your control, then it is unlikely you will be treated as intentionally homeless.
We are not required to find, offer or arrange permanent housing for you if you are intentionally homeless. However, we will give you advice and assistance to help you find somewhere to live.
We will consider whether you have a local connection with the
You will usually have a local connection if you or anyone who lives with you:
- Has normally resided within the
Winchester district for six months in the past year or three years in the past five years; or - Has permanent employment within the
Winchester district; or - Has family who have lived within the
Winchester district for the last five years; or - Has any other special connection with the
Winchester district
The following does not count as a local connection:
- Residence with or employment by the Armed Forces
- Residence in prison, hospital or other institution or therapeutic setting
- Casual employment
- Temporary placement within the
Winchester district by another local authority
We may refer you to another Council where you do have a local connection if you do not have a local connection with the
What kind of temporary accommodation will I be offered?
While we are considering your application, you may be offered temporary accommodation, normally at one of our hostels. You will be expected to pay to live there, but you may be eligible for help if you are on benefits or a low income.
We must provide temporary accommodation that is suitable for you and all the members of your household. You will need to provide us with information, such as a letter from your doctor, if you have any particular needs to be taken into consideration.
If you think the temporary accommodation we are offering you is unsuitable, you have the right to ask for a review of our decision.
Can I appeal if I am not happy with the Council's decision on my application?
You have the right to request a review if you are not happy with our decision and you must do so within 21 days of being notified of our decision. You can only make a request later than 21 days if you have a good reason for not doing so sooner, for example, because of illness.
You may wish to ask for help and advice about requesting a review or appeal from the Citizens Advice Bureau, Shelter Housing Advice or a solicitor.
This information is not a complete explanation of the law. If you are in doubt about your legal rights, you should seek assistance from a solicitor. Refer to the directory of services on our website for contact details.
How do I get housing and homelessness advice?
If you require advice, our
- Through the Customer Service Centre
- By e-mail to housing@winchester.gov.uk
- By calling in to the City Offices on Monday, Tuesday, Thursday or Friday between 9.00am and12.00pm or 1.00pm and 4.00pm for an interview with the duty officer
You will be seen in a private interview room to ensure confidentiality and you can also request to see a male or female member of staff if you prefer.
