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Homelessness

If you are homeless ...
Under the Housing Act 1996 and the Homelessness Act 2002 we have a duty to find homes for certain homeless people. If we have a duty to find you a home, we will offer you temporary accommodation - at first this is likely to be bed & breakfast accommodation. We will also put you on a waiting list for a permanent home (a housing association property).

Do we have a duty to find you a home?
By law we have a duty to find you a home if all the following apply to you.

• You are homeless
• You are in a class of people who are eligible for assistance (help)
• You have a priority need for housing
• You have not become homeless intentionally
• You have a local connection with Elmbridge, or you have no local connection with any council in this country.

We explain what these mean below.

Are you homeless? - By law, you are homeless if you do not have accommodation in which you have a right to live. This includes accommodation abroad.
Are you eligible for assistance (help)? - Most UK residents are eligible for assistance. However, you might not be eligible if any of the following apply.

• You are a visitor to this country
• You are a student from another country or a sponsored immigrant
• You are an illegal immigrant
• You are seeking asylum
• You claimed asylum, but the Home Office refused to give you asylum
• You are not habitually resident in this country or Ireland
• The Home Secretary has said you no longer have a right to stay in this country.

If you are eligible for assistance we will help you find a home. This does not mean we will actually give you somewhere to live. We may only do that if you also have a priority need for housing and are unintentionally homeless. If you do not have a priority need for housing or we decide you have become homeless intentionally, we will not house you. Instead, we will help you find a home by giving you information about hostels, night shelters, housing associations and private landlords.

Do you have a priority need for housing? - You have a priority need for housing if one of the following applies.

• You are pregnant or a member of your household who is eligible for assistance is pregnant
• You are 16 or 17 years of age
• Someone in you household is under 16 (or under 19 if they are in full-time secondary education)
• you or a member of your household who is eligible for assistance are vulnerable due to
• old age - we normally consider anyone aged 60 or older to be vulnerable;
• being 18-21 and having previously been in the care of Social Services;
• having been in this country's armed forces;
• having been in prison or custody;
• having left your accommodation because of violence or threats of violence;
• mental illness or disability;
• physical disability; or
• another special reason that puts you at a greater risk of harm than most people.
• You are homeless because of fire, flood, or a similar disaster. (If your home can be repaired, we will usually only give you somewhere to stay until the repairs are done.)

 
Are you intentionally homeless? - We will not give you a home if you have become homeless intentionally. You could be intentionally homeless for example, if you have been evicted because you did not pay your rent when you could have done, or you have given up your home without a good enough reason.

Do you have a local connection with Elmbridge? - If you are unintentionally homeless, have a priority need for housing and are eligible for housing assistance, we must decide which council should find you a home. We will offer you a home if any of the following apply.

You have a connection with Elmbridge because:

• you have lived here for at least six out of the last twelve months, or three out of the last five years;
• you have a close relative (parent, child, brother or sister) who has lived in Elmbridge for the past five years;
• or you have a permanent job in Elmbridge.
• ou have a connection with Elmbridge for some other special reason.
• You have a local connection with another area only, but someone in your application might experience domestic violence if they return there.
• You have no local connection with any part of the UK. For example, if you have recently come here from another country.

If none of these apply to you, we will not offer you somewhere to live. Instead, we will refer you for housing to a council you have connections with.

If we have a duty to find you a home - If the law says we must find you a home, we will meet our responsibilities by offering you temporary accommodation. At first, this is likely to be in a bed and breakfast hotel; later we could move you to another type of temporary accommodation, such as a self contained flat. We will also put you on a priority waiting list; when it's your turn, we will offer you an assured tenancy with a housing association. We have hundreds of homeless people waiting for a permanent home and we must give priority to those with the greatest need for permanent accommodation. So, depending on your circumstances, you may have to wait a very long time for a housing association property.

Where our temporary homes are - Most of our temporary homes are in Elmbridge. However, because of a severe shortage of suitable properties in Elmbridge, we are having to use properties in other parts of Surrey and West London. We will discuss your personal circumstances with you before we decide where to place you.

If you refuse our offer of accommodation - If we offer you a suitable home and you refuse it without a good enough reason, we will not offer you somewhere else to live. This means you will have to find your own accommodation.

How long will we give you a temporary home for? - If we have a duty to house you, we will normally provide you with a temporary home until one of the following happens.

• We offer you another temporary home
• We offer you a suitable longer-term home
• You find yourself somewhere else to live
• You are an asylum seeker and the Home Office refuses your claim for asylum
• You are evicted from your temporary home because you have not paid the rent or you have broken the hotel rules.

If we don't have a duty to find you a home - If we do not have a duty to find you a home, we will give you advice and information to help you in your search for accommodation. If we have decided you have a priority need for housing but are intentionally homeless, we will also offer you accommodation for a very short time (usually around two weeks). This is to give you time to find somewhere to live.

What you should do if you are homeless - If you are homeless or you think you might be homeless in the next four weeks, please contact the |Housing needs team. Our doors are open Monday to Friday 9 am to 5 pm (Monday-Friday). If you become homeless outside these times, you can ring 01483 517898.

• You should bring the following with you when you apply. If you don't, we may not be able to help you.
• Proof of identity including the birth certificates (full version) and passports of all the people in your application.
• Proof that you are or will be homeless, such as:
• a notice to quit from your landlord, friend or relative;
• letters from the building society showing that it intends to repossess your home; and a court order or bailiff's warrant.
• Proof of income and savings including:
• wage slips, benefit books, P45, bank statements and savings books.
• Proof of where you and all the people in your application have lived for each of the last five years, including: tenancy agreements, rent books or receipts for rent, postmarked letters, bills, bank statements, driving licences, and medical cards.
• If relevant, documents proving: you are married, you are divorced, you have custody of children, you are pregnant, you are asking for or have been given asylum.

What will happen if you apply for housing? - We will interview you and make detailed enquiries to confirm what you have told us and to see if you qualify for a temporary home. You must not deliberately mislead us or withhold relevant information. We will also try to stop you becoming homeless. We will tell you what you can do to keep or get back into your home. If you lose your home because you do not follow our advice, you could be intentionally homeless. We will not give you a home if you are intentionally homeless.

If you are homeless while we are making our enquiries - If we cannot prevent you from becoming homeless, we will make enquiries to find out if we have a duty to find you a home. If we think we might have, we will offer you somewhere to stay until we finish our enquiries. If we offer you a place to stay, it will be in a bed and breakfast hotel in Elmbridge.

Our decision - When we have finished our enquiries, we will give you our decision and the reasons for it in writing.

If you disagree with our decision - If you disagree with our decision, you can ask us to review it. You have 21 days from the date you get our decision in which to ask us to reconsider. You must make your request in writing. By law we must review our decision within seven weeks of your request.

If you think our reviewed decision is legally wrong, you can appeal to the County Court. The court has the power to change our decision if it is legally wrong. You can get help with your appeal from a law centre, Citizens' Advice Bureau or a private solicitor.