Homelessness and looking for accomodation
Council help for the homeless
Introduction
Local authorities have a legal duty to secure accommodation for
people who are homeless, eligible for assistance and
vulnerable.
They also have a general duty to provide advice and assistance to
anyone who is homeless.
These legal duties are set out in Part VII of the Housing
Act 1996, as amended by the Homelessness Act 2002 and the Homeless
[Priority Need for Accommodation] [England] Order 2004. In
making their housing policy Local Authorities must also refer to
the Code of Guidance issued by the government.
Once an applicant has been assessed and accepted as a homeless
person, they are placed on the housing waiting list and their
priority is determined in accordance with the council's
Allocation Policy [see
Council
housing waiting list].
Does the council have a duty to house you as a "homeless
person"?
The following information is only a brief outline of the main
issues and should not be treated as comprehensive advice. There are
always exceptions to the rules and you should seek individual
advice.
Who is, or is not, "homeless" under Part VII of the Housing
Act 1996, the Homelessness Act 2002 and the Homeless [Priority Need
for Accommodation] [England] Order 2004 is defined in law.
There are five basic questions that the council will ask to decide
whether they have a duty to house you. The council must decide
whether you are:
- Homeless
- Eligible
- In Priority Need
- Intentionally homeless
- Have a local connection
Homeless
The legal definition of homelessness is that you have no
accommodation available to you, anywhere in the world, which is
reasonable for you to occupy. You are homeless if you have no
accommodation that day, or you are threatened with being homeless
within 28 days.
The phrase "reasonable for you to occupy" means
that there are situations where you may actually have accommodation
but it is not reasonable for you to stay there.
For instance it may not be safe for you to stay where you are
living due to the threat of domestic violence.
In assessing "reasonable for you to occupy", the
council look at all the factors including the affordability of the
accommodation. When assessing affordability the council carry out a
full investigation including why you left previous addresses and
why you took your present accommodation.
The interpretation of "the threat of homelessness within 28 days"
varies from local authority to local authority.
In Kensington & Chelsea where accommodation is extremely
scarce, the council will usually expect you to stay where you are
living as long as possible before they consider housing you.
For example, if your landlord is legally required to obtain a court
order to make you leave your accommodation, then the council will
usually expect you to remain there until the court order is
granted.
Even then they may say that you must remain in your accommodation
until you receive the notification from the bailiffs stating when
they are coming to take possession of the property.
If you are not homeless, then the council has a duty to provide you
with advice and assistance.
If you are homeless, as defined above, then the council will check
whether you are eligible for assistance.
If you are uncertain about your rights, or the next step to take,
you should take advice from an advice agency or solicitor.
Eligibility
In order to be eligible for assistance a person
must not be excluded by coming within certain categories of
"persons from abroad".
For example, if you have only been granted a time limited stay
without the right of recourse to public funds then you are not
eligible to apply to the council for help with housing.
This area of law is too complex, and potentially hazardous, to list
all the categories and exceptions. If you are a "person
from abroad" then you should be very careful about making
an application for council housing because if you are not eligible
it could endanger your immigration status.
If you are unclear in any way about your immigration status in this
country then you should seek advice. [see
Useful Contacts].
If you are not eligible then the council has a duty to provide you
with advice and assistance. If you are homeless or destitute but
not "eligible for assistance", then you may still be able to get
emergency help from Social Services. For full contact details see
the "Intentionally Homeless" section at the end of this page.
If you are homeless and eligible for assistance, then the council
will decide whether you have a priority need.
Priority Need
Due to the chronic shortage of accommodation, the council can
only house those people who are vulnerable in some way. You are in
"priority need for accommodation" if, due to your
personal circumstances, you are more vulnerable than the average
person. The following categories define who is in "priority
need".
- Children. If you have dependant children who
reside or might reasonably be expected to reside with you
- Pregnancy
- Emergency and disaster, such as fire or flood
or some other similar calamitous event
- Vulnerability
This may be due to age [over 60 years of age], severe mental or
physical health problems, disability or special circumstances, such
as domestic violence or racial harassment.
The Homeless [Priority Need for Accommodation] [England]
Order 2004 has extended the categories of vulnerable
people to include: 16 & 17 year-olds; care leavers aged 18-21
years old; people who are vulnerable because they have had to flee
accommodation due to threats of violence; and people who are
vulnerable as a result of becoming institutionalised, for example,
through being in the army or in prison.
For this purpose, vulnerability means "less able to fend for
oneself so that injury or detriment will result where a less
vulnerable man will be able to cope without harmful effects."
So for instance, if you are vulnerable due to ill health, the
council will want to see a doctor's letter explaining how your ill
health affects your ability to cope and whether, if you are street
homeless, you are more likely to suffer harm than the average
street homeless person.
If you are not in "priority need", then the council still has a
duty to provide you with advice and assistance.
If the council has reason to believe that you are homeless,
eligible for assistance, and in priority need, then they have a
duty to provide you and your family with temporary accommodation
straightaway, while they further investigate your application.
If you are homeless, eligible for assistance, and in priority need,
the council will then look to see whether you are intentionally
homeless.
Intentionally homeless
You may be considered to be "intentionally homeless" if you have
lost your home through something you deliberately have, or have
not, done.
If you are "intentionally homeless" then the council has a duty
to secure accommodation for you for a limited period, to allow you
reasonable time to make your own arrangements.
So, for instance, if you lost your home due to rent arrears,
because even though you had the money you simply could not be
bothered to pay the rent, then you would be considered
intentionally homeless.
Alternatively, if you give up secure accommodation elsewhere in the
country in order to move to Kensington & Chelsea to, say, look
for work, then you are likely to be considered intentionally
homeless.
However, if you have lost your accommodation through your own
actions then you may not be intentionally homeless if you acted in
good faith, or in ignorance of the facts.
If you are held to be intentionally homeless then it is recommended
that you seek independent advice [see
Useful Contacts].
If you are homeless, eligible for assistance and in priority need
but you are intentionally homeless then the council has a duty to
provide, or continue to provide, temporary accommodation for a
reasonable period while you find alternative accommodation.
If you are homeless, eligible to apply and in priority need but
considered to be intentionally homeless, you may still be eligible
for some form of assistance from Social
Services.
You should apply to your local social services office. The main
offices are as follows and their opening times are Monday to
Thursday 9am to 5pm, Friday 9am to 4.45pm:
North
The Westway Information Centre
140 Ladbroke Grove
London W10 5ND
Tel: 020 7361 3013
Fax: 020 7598 4411
Centre
Social Services
Town Hall
Hornton Street
London W8 7NX
Tel: 020 7361 3013
Fax: 020 7361 2148
Earls Court
Social Services
282 Earls Court Road
London SW5 9AS
Tel: 020 7361 3013
Fax: 020 7598 4953
South
Social Services
Chelsea Old Town Hall
King's Road
London SW3 5EE
Tel: 020 7361 3013
Fax: 020 7361 4115
An emergency Duty Social Worker can be contacted out of office
hours on Tel: 020 7373 2227.
If you are homeless, eligible for assistance, in priority need and
not intentionally homeless then the council will look to establish
your local connection.
Local connection
Having established that you qualify for housing, it is your
connection to the area, which establishes which Local Authority
should house you.
Your "local connection" could be that you may
have lived in the area a long time, or work in the area, or have
family in the area.
It may be that although you satisfy all the criteria for being
housed, you do not have a local connection with the Royal Borough
of Kensington & Chelsea. In this case you may be referred to
the appropriate local authority. This will only be done if it is
safe to do so - factors that may be considered in such cases are
domestic, or any other threat of violence, racial harassment,
etc.
A major exception to the "local connection" rule is where it would
not be reasonable for a person to return to the area if it is
probable that it will lead to further violence against them.
If you do not have a local connection anywhere then, the local
authority to which you apply must accept any duty to accommodate.
If you have more than one local connection, the Council cannot
choose to refer you to another local authority if it thinks that
you have a stronger local connection elsewhere.
If you are homeless, eligible for assistance, in priority need, not
intentionally homeless and have a local connection in Kensington
& Chelsea, then the council will provide you with
accommodation.
If you are unable to make your own arrangements for storage
of your possessions, you should make this known in the
early stages of your approach. The Council has a duty to protect
your possessions if you are unable to do so.
How to Apply
In normal working hours, which are Monday, Tuesday and Thursday
9am to 4.45pm, Wednesday 12pm to 4.45pm and Friday 9am to 4.15pm,
you should go to:
Homelessness and Advice Section
Housing Reception
Second Floor
Town Hall
Hornton Street
London W8 7NX
Or Tel: 020 7361 3008
You take a ticket and wait in line.
For out of office hours emergencies Tel: 020 7373
2213
You should take as much documentary evidence with
you as possible as this will speed your application. The council's
checklist is as follows and, where applicable, the information
required may include:
- Proof of identification for all family members, e.g. full UK
birth certificates, passports, European ID cards or
immigration/Home Office papers
- Proof of pregnancy
- Proof of residency for the last six months/five years
- Licence agreement/Tenancy agreement/Notice to Quit/Possession
Summons/Possession Order/Bailiff's Warrant
- Letter from parents/relative/friend saying that they can no
longer accommodate you
- Rent Book or receipts/any other proof of rent
- Marriage certificate/divorce papers
- Injunction Orders/Custody Orders
- Contract of employment/Letter terminating employment
- Wage slip/Benefit books/Bank statements/Savings
accounts
You should also provide evidence of any health problems that the
family may suffer, such as a letter from your doctor. Any medical
information will be useful. If you do not have medical information,
the council will consider contacting your doctor directly with your
signed authorisation.
Right of Review or Appeal
If you disagree with the council's decision, for example, their
refusal to accept you as homeless because they believe you to be
"intentionally homeless"; or, perhaps, their decision to refer you
to another authority; or the suitability of the offer of
accommodation; then you have the right to request a review.
You must request a review within 21 days of
notification of the decision. The council must review
their original decision and notify you in writing of the outcome of
the review and the reasons for their decision within 8 weeks of
your request.
If the council stand by their decision on review then you have the
right of further appeal only on a point of law to
the County Court. There are strict time limits for such appeals;
normally 21 days from the final decision made on review.
Beyond this, there may be one final right of appeal to the High
Court called a Judicial Review.
Such cases are exceptional and for you to win a Judicial Review,
the court must either be satisfied that the council's decision was
not made in accordance with it's Allocations Policy [see
Council
housing waiting list], or that not only was the council's
decision wrong but, that no reasonable authority could have made
the decision. Again, there are strict time limits for lodging such
applications; normally 3 months from the date of the decision being
challenged.
Should you wish to challenge the council's offer of accommodation
you should consider the matter very carefully because if the
statutory review fails then the council can decide
that it no longer has any duty to house you and can withdraw the
offer of accommodation. It is therefore advisable to consider
accepting the offer and then requesting a review.
For example, you may wish to appeal the suitability of an offer on
the basis that the property is located out of the borough and you
need the support of your family living locally. In order to make
your case, it is always helpful to get letters of support from such
people as your doctor, or other health worker, social worker, or
children's school.
If you do wish to appeal the suitability of an offer of
accommodation, then it is recommended that you seek independent
advice immediately from HASKC or another local housing advice
provider, or firm of solicitors [see
Useful Contacts].
If you do wish to appeal an offer of accommodation as unsuitable to
your needs, then it is recommended that you accept the offer of
accommodation and then appeal immediately. This is because if you
lose your appeal then the council are likely to say that they no
longer have any duty to house you. Accepting the offer of
accommodation will not prejudice your appeal.
Practicalities
If Kensington & Chelsea does accept you as homeless then the
council will have a duty to provide you with temporary
accommodation. Unfortunately, due to the acute shortage of flats
available within the local area most temporary accommodation is
located outside of the borough. In the majority of cases, the
accommodation will be a self-contained flat. Only in emergency
cases, and then for a limited period, would the accommodation be a
bed & breakfast hotel.
Priority for being rehoused in the borough is given to people
with severe health problems, employment locally, or heavy family
commitments e.g. several children at local schools.
It is impossible to say how long you will remain in
temporary accommodation, as it depends on your
priority and the prevailing local circumstances. However, in most
cases it is likely to be between one and two years.
Once Kensington & Chelsea have accepted you as homeless, their
legal duty is to secure accommodation for you and your family. Your
details will be put on the Common Housing Register
[see Council
Housing waiting list] and you will be eligible to bid for
properties on the HomeConnections scheme. Your likelihood of
placing successful bids will depend upon the points you have been
awarded to reflect your priority. [see
Council
Housing waiting list].
You will be eligible to bid for permanent
accommodation which matches the recommendations of
your needs assessment, a copy of which will have
been provided to you when you are accepted onto the waiting list.
The offer of accommodation should be suitable to your needs, as
detailed in your Needs Assessment. If you believe that your Needs
Assessment is incorrect you should bring it to the attention of the
council as soon as you receive it.
Vacant properties which are advertised on Home Connections are
owned by a number of registered social landlords, such as the
Tenants Management Organisation [which now manages all the council
stock], or a local Housing Association.
In addition to the traditional way of allocation of housing on the
basis of priority points, the council has introduced a Choice Based
Lettings Scheme, called Home Connections [see
Council
Housing waiting list].
Further information
Further information can be found on the council's website:
www.rbkc.gov.uk