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Tenants’ rights to rehousing by the Council
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1. Introduction
In some circumstances, your local council may have a legal duty to help you if you are homeless or threatened with homelessness. This may include providing temporary accommodation, helping you find somewhere else to live or, in some cases, securing longer-term accommodation.
There are strict rules about this, and to be eligible you need to satisfy the requirements.
Demand for social housing and temporary accommodation greatly exceeds supply in many parts of the country. As a result, councils must apply the statutory rules carefully and may decide that they do not owe a housing duty in your case.
Let’s now look at the criteria you need to satisfy to be eligible for rehousing.
2. Are you homeless?
One of the first things the council will consider is whether you are homeless or threatened with homelessness.
You do not have to be sleeping on the streets to be homeless. For the purposes of the homelessness legislation, you may also be homeless if you have nowhere you are legally entitled to occupy, or if it would not be reasonable for you to continue living where you are.
Examples include:
- you are fleeing domestic abuse or other violence;
- the property is so unsafe that it is not reasonable to remain there;
- severe disrepair or serious health hazards make it unsuitable to occupy.
Being served with a landlord’s notice does not necessarily mean you will be immediately rehoused. However, it may mean that the council owes you duties to help prevent your homelessness, particularly if you are likely to lose your home within the next 56 days.
Some councils may advise tenants to remain in the property until a court has made a possession order or a warrant for possession has been issued. The reason is often that, if you leave too early without suitable alternative accommodation, the council may decide you became homeless voluntarily.
This approach has been criticised because it can result in tenants remaining in unsuitable situations for longer than necessary and may increase rent arrears and court proceedings.
Remaining in the property until eviction may have financial consequences. If you cannot afford the rent, you may build up arrears, lose some or all of your tenancy deposit, face a county court judgment affecting your credit record and lose the opportunity to obtain a favourable landlord reference.
However, in practice, the severe shortage of social housing and temporary accommodation means that some councils are unable to offer accommodation until the applicant’s situation has become very urgent.
Do not wait until you have been evicted before contacting the council. If you think you may become homeless, seek advice as early as possible. The earlier you contact the council, the more opportunities there may be to prevent you from losing your home.
If you are hoping that the council will help you because you are homeless, do not simply move out of your accommodation without first obtaining advice.
If you leave accommodation that it would have been reasonable for you to continue occupying, the council may decide that you became intentionally homeless, which could significantly reduce the help it has to provide.
Before moving out, speak to the council’s homelessness team or obtain independent housing advice, unless there is an urgent reason why you cannot safely remain in the property.
You should not normally be classed as intentionally homeless if:
- you have been illegally evicted by your landlord;
- it would not be reasonable to remain because of domestic abuse or the threat of violence;
- the property is so unsafe or in such poor condition that it is not reasonable to continue living there (although you should obtain legal advice before moving out if possible); or
- there is some other compelling reason why it would not be reasonable for you to remain.
Every case is different. If you are thinking of leaving your home before you are legally required to do so, you should always seek advice first.
3. Are you in Priority Need?
One of the questions the council will ask is whether you have a priority need. This is important because it affects the housing duties the council owes you. However, it is only one of several tests. You will also need to satisfy the eligibility, homelessness and (in many cases) intentional homelessness tests discussed elsewhere in this guide.
If you are homeless, eligible for assistance and have a priority need, the council will usually have a duty to secure temporary accommodation while it considers your application. If it later decides that it owes you the main housing duty, it must normally secure suitable accommodation for you, although this may not necessarily be permanent social housing.
For the council to owe its main housing duty, you will normally need to show that:
- you are eligible for assistance (for example, because of your immigration status);
- you are homeless;
- you have a priority need;
- you did not become homeless intentionally; and
- where relevant, you have a local connection with the area (although this is mainly relevant if the council is considering referring your application to another authority).
You may have a priority need if, for example:
- you have dependent children living with you;
- you are pregnant;
- you are aged 16 or 17 (subject to certain exceptions);
- you are a care leaver aged 18 to 20 in circumstances covered by the legislation;
- you are homeless because of an emergency such as a fire or flood; or
- the council considers you to be vulnerable because of your personal circumstances.
The question of whether someone is “vulnerable” is often the most difficult part of the priority need test and depends on the individual’s circumstances. We discuss this in more detail below.
4. Having children or being pregnant
This is one of the most common reasons why tenants claim and are successful in being rehoused. You will be in priority need if you have dependent children who usually live with you or if you are pregnant.
You will normally be in priority need if you have one or more dependent children who normally live with you.
This includes children under 18 for whom you are responsible, such as:
- your own children;
- stepchildren;
- foster children; or
- other children who are part of your household.
If your children normally live with the other parent, you will not usually be treated as having dependent children for homelessness purposes. However, if there is a shared care arrangement or other special circumstances, you should explain these to the council.
If you are pregnant, tell the council when making your application and, if possible, provide medical confirmation of your pregnancy, such as a MAT B1 certificate or a letter from your GP or midwife.
If your family circumstances change after making your application—for example, you become pregnant or a child comes to live with you—tell the council immediately, as this may affect the duties it owes you.
5. If you are aged 16 or 17
If you are 16 or 17 and have nowhere safe to live, you should contact both your local council’s Housing Department and Children’s Services (formerly Social Services) as soon as possible.
In most cases, Children’s Services has the main responsibility for providing accommodation and support for homeless 16- and 17-year-olds. This is because anyone under 18 is still legally a child.
However, if you need somewhere safe to stay immediately, the Housing Department should not simply turn you away. It should arrange emergency accommodation if necessary while Children’s Services assesses your circumstances.
If either department tells you that the other one is responsible, do not give up. Ask them to liaise with each other. The law expects the Housing Department and Children’s Services to work together to ensure that homeless young people receive appropriate help.
6. If you are a care leaver aged 18 to 20
This generally applies if you were looked after, accommodated or fostered by the local authority for at least 24 hours while you were aged 16 or 17.
This could include time spent:
- with foster carers;
- in a children’s home;
- in supported accommodation arranged by Children’s Services; or
- in other accommodation where you were being looked after by the local authority.
If you have recently left care, tell the council this when making your homelessness application. Your personal adviser or leaving care team may also be able to help you with your application and provide supporting evidence.
7. If you are classed as vulnerable
Either you or a member of your household could be classed as vulnerable if one or more of the following apply:
- old age;
- physical illness or poor health;
- a physical disability or learning disability;
- mental ill health;
- domestic abuse or other violence;
- having recently left care, prison or the armed forces; or
- another special reason affecting their ability to cope.
However, you will not automatically be classed as vulnerable just because you come within one of these groups.
So how does the Council decide if you are vulnerable or not? They will consider things such as:
- how well you would be able to cope if you became homeless;
- how any physical or mental health condition affects your day-to-day life;
- what support you receive from family, friends or support services; and
- whether becoming homeless would place you at significantly greater risk of harm than an ordinary person.
Medical and other professional evidence is often very important. If possible, speak to your GP, consultant, psychiatrist, social worker, support worker or other professional before making your application. Ask them to provide a letter explaining how your condition affects your daily life and why becoming homeless would make you particularly vulnerable.
The council should look at the combined effect of all your circumstances. You may not qualify because of one issue alone, but several health, disability or social factors taken together may mean that you are vulnerable.
8. Making your application
You need to be careful when making your application that you provide as much relevant information and supporting evidence as you can.
Although the council has a duty to investigate your circumstances, the more evidence you provide, the easier it will be for the council to understand your situation and reach the correct decision.
Depending on your circumstances, useful evidence might include:
- your tenancy agreement;
- any notice served by your landlord;
- possession orders or other court documents;
- medical letters or reports from your GP, consultant or mental health professional;
- letters from social workers, support workers or probation officers;
- evidence of pregnancy or dependent children;
- proof of your identity and immigration status; and
- any photographs or reports showing that your accommodation is unsafe or in serious disrepair.
If you cannot provide all of this straight away, do not delay making your application. Tell the council what evidence you have and explain if further information will follow.
If your application is based on vulnerability or medical problems, supporting evidence from healthcare professionals or other agencies can be particularly important.
Ideally, you should seek help from someone experienced in homelessness law before making your application or, if that is not possible, as soon as you can afterwards.
You can find sources of help in our article here.
9. If the council refuse your application
The council should investigate your application as quickly as possible. How long this takes will depend on your circumstances and how much information needs to be gathered. Straightforward cases may be decided quite quickly, while more complex applications can take considerably longer.
If the council has accepted that you may be homeless, eligible for assistance and in priority need, it should normally provide temporary accommodation while it completes its enquiries. This can make the waiting period much easier than if you have nowhere to stay.
If the council decides that it does not owe you the housing duty you believe you are entitled to, it must give you its decision in writing and explain the reasons.
If you think the decision is wrong, you will usually have the right to request a review. In most cases, this request must be made within 21 days of being notified of the decision.
In some cases, the council has a discretion to continue providing temporary accommodation while a review is being carried out. If it refuses to do so, that decision can sometimes be challenged.
Homelessness law is a specialist area. If you are considering requesting a review, or challenging the council’s decision, it is well worth obtaining advice from a solicitor or specialist housing adviser as soon as possible.
Do not ignore the council’s letter or assume the decision cannot be challenged. Read it carefully, note any deadlines and keep copies of all correspondence. If you disagree with the decision, seek advice as soon as possible, as missing the 21-day review deadline can make it much harder to challenge the decision.
You may qualify for Legal Aid, particularly if you are homeless or facing homelessness. A solicitor or advice agency will usually be able to tell you whether you are likely to be eligible. You can also check this online here.
Although the homelessness rules can seem complicated, many applicants are successful once they understand what evidence is needed and how the system works. If you think the council has misunderstood your circumstances or applied the law incorrectly, do not be afraid to seek advice. Early specialist advice can often make a significant difference to the outcome of your case.
This is the end of this article.
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