According to section 175 of the Housing Act 1996 part VII, a person is homeless if he/she has no accommodation in the U.K. or elsewhere. Therefore applicants with accommodation anywhere in the world are not considered homeless.
A person can be considered to be threatened with homelessness if such threatening situations are likely to arise within the next 28 days. However an evicted applicant is not homeless until execution of the possession warrant.
Section 10 of the Homeless Persons Act 2002 addresses those that claim to be homeless and who are at risk of violence. Housing is not available if it thought that the applicant’s presence would lead to violence, but is available if there are threats of domestic violence that are likely to be carried out against them.
As a homeless person you are entitled to free advice and information from your local authority, concerning many areas such as benefits etc.
Unfortunately some homeless persons will find themselves ineligible for access to homeless provisions. The Housing Act 1996 section 185 takes into account immigration status and habitual residence, those that don’t qualify for housing benefit will also not receive the previously mentioned advice and assistance.
When a local authority receives an application from someone who may be considered homeless, or threatened with homelessness, it is firstly the job of the local authority to establish whether the applicant is eligible, i.e. falls Into the category of what is considered homeless. The local authority must notify you the applicant in writing of its decision. If this decision is not in the applicant’s favour then reasons are given and there is a right to seek a review. Local authorities should complete their enquiries within 33 working days from the start of the investigation.
If you are considered by the local authorities to be homeless, eligible for assistance and in priority need then they are obliged to provide secure temporary accommodation, although this could be in any local authority, but it must be suitable, bed and breakfasts are generally last resort these days. The duty to provide temporary housing ends when the local authority gives its decision.
Applicants gain the status of priority need under certain circumstances. A pregnant woman and a person with whom she may reasonably be expected to reside with are considered to be in priority need, as is a person with whom dependant children reside. A person considered ‘vulnerable’ is entitled to the status of priority need. The term vulnerable however is not a well defined one and so vulnerability claims are dealt with on a case by case basis. The obviously vulnerable are the aged (generally over 60), those with physical of mental disabilities and those with whom they are reasonably expected to reside. Also considered vulnerable are those that have been looked after, accommodated or fostered by a local authority, also those who are homeless as a result of violence or threats of violence or those at risk of sexual abuse from a person with whom they are associated. Persons homeless as a result of natural disasters and the like are considered to be in priority need. Homeless 16 and 17 year olds, care leavers between 18 and 21, as well as those having served in the armed forces or those that have been in prison are to given priority need, although the length of time served and other conditions are taken into account.
There are instances where a person is classed as being intentionally homeless. If an applicant is eligible for assistance but is homeless intentionally, then the local authority is obliged to provide assistance and advice in attempts to find housing. In the event that the applicant is in priority need, the local authority must provide temporary accommodation for a length of time deemed reasonable in which to find suitable housing.
You are homeless intentionally if you are incapable of handling your own affairs due to disabilities etc. Also if your home was lost, because of mortgage /rent arrears as a result of ‘real’ financial difficulties. You are also homeless intentionally if you have left accommodation in order to receive local authority assistance, if you sell your home when there is no risk of losing it, if you simply refuse to make mortgage/rent payments, if you neglect affairs and pay no heed to qualified advice, or if you are evicted because of anti-social behaviour. Those that are not priority need and not homeless intentionally are entitled to advice and assistance that the local authority thinks is appropriate only after an assessment of the applicant’s individual needs. This was introduced in the latest Homelessness Act 2002 and demonstrates a significant shift from the general to specific advice. Those that are unintentionally homeless but are not in priority need, will find that they are entitled to temporary housing for a limited period, enough time to provide an opportunity to find longer term housing. A case of intentional homelessness is required to be followed up by a personal assessment of the applicants housing needs, and that person is then given specific advice on how to go about getting secure accommodation. The new Act also states the duty to secure accommodation for the intentionally homeless in priority need will cease when that person is no longer eligible for assistance, if that person refuses an offer of suitable accommodation, if they have been offered an assured tenancy, or a final offer.
Since the introduction of the Homelessness Act, local authorities are not able to use their own housing stock in order to provide houses for the homeless; this was not possible under the Housing Act 1996, however, the homeless person will still not benefit from a secure tenure until the accommodation is offered under the Housing Act 1996 Part VI.
If an applicant or anyone within their household has no local connection with the local authority, then it may refer the applicant to another local authority with which one member of the household may have a local connection. A local connection can be found by a current or previous residence, a family association, a current place of employment etc.
The right to request a review of a decision is available if the decision is not in the applicants favour. The applicant also has the right to request a review of the suitability of the accommodation.
Councils are nowadays using innovative private sector leasing (PSL) schemes to encourage private landlords to lease their properties to the council rather than letting in the private market. PSL is becoming an increasingly popular way to attain temporary accommodation. The use of PSL in London has nearly doubled in just one year from 1,915 properties in 2001/02 to 3,538 properties in 2002/03. If this trend continues use of PSL is going to overtake the use of housing association leasing schemes. A number of schemes to turn temporary accommodation into permanent homes are being developed.
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