Housing

Housing

Homelessness Acts Test

• Eligibility - housing
• Homeless - housing
• Priority need - housing
• Local connection - housing
• Intentional homelessness – housing (also “intentionality”)
• Documents required - what to bring with you

Eligibility - housing

Some people are not eligible for assistance under the homelessness legislation, for example, because you do not usually live in the U.K or are subject to some form of immigration control. You are likely to be eligible for assistance if:

• You usually live in the U.K, Republic of Ireland, Channel Islands or Isle of Man and are not subject to any form of immigration control.
• You usually live in the U.K, Republic of Ireland, Channel Islands or Isle of Man and are subject to immigration control, but your right to stay here is not subject to any time limit or condition(s).
• You have been given refugee status, or exceptional leave to remain here, as a result of an application for asylum.
• You are an asylum seeker who applied at port of entry when you first came to the U.K and have not yet received a decision on your asylum application.
• You are an asylum seeker, who applied for asylum prior to 5th February 1996.
• If you are not eligible under the above criteria you may still be entitled to help from Social Services.

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Homeless - housing

The law says you are homeless if you meet one of the following conditions:

• You have nowhere to live.
• You have no legal right to stay in your home and you have been told to leave.
• You have somewhere to live, but cannot get into it.
• You have somewhere to live, but someone else who lives there has been violent towards you or is likely to be violent towards you.
• Your home is a caravan or a houseboat and you have nowhere to legally park or moor it.
• You have somewhere to live, but nowhere for your household, who normally live with you.
• You have been made homeless as a result of an emergency, such as fire, flood or some other disaster.

We will consider you to be threatened with homelessness if you are likely to become homeless within the next 28 days.

This may be because:

• You have been taken to court by your landlord and the court has said you must leave.
• You have been living with friends or relatives who have told you to leave.

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Priority need - housing

You will be considered to be in priority need if you, or someone who normally lives with you, meet any of the following criteria:

• You are pregnant.
• You have dependent children under 16 who normally live with you.
• You have dependent children under 19 if in full time education or training and are unable to support themselves and who normally live with you.
• You are homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster.
• You are aged 16 or 17, not living with your parent or guardian and not already being assisted by social services.
• You are under 21 and were in care when you were 16 or 17.
• You are vulnerable.

You might be considered vulnerable if you, or someone who normally lives with you, are less able to fend for yourself, and as a result would be more likely to suffer harm due to homelessness. Some things that are taken into account when assessing vulnerability are:

• Your age.
• Your physical or mental health or disability status.
• Whether you are at risk of violence or threats of violence likely to be carried out.
• Any time spent in care.
• Any time spent in the armed forces.
• Any time spent in prison.
• Any other special reasons that make you less able to fend for yourself.

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Local connection - housing

To have a local connection you or someone who normally lives with you, must meet one of the following:

• You have lived in the borough for six out of the last 12 months, with the exception of interim or temporary accommodation provided to you by another local authority.
• You have lived in the borough for three out of the last five years, with the exception of interim or temporary accommodation provided to you by another local authority.
• You have permanent employment in the borough.
• You have a close relative who has lived in the borough for the last five years. Close relatives may include parents, children, brothers or sisters.
• Exceptional circumstances which the council will accept as a local connection.

We may refer you to another council and ask them to assist you, if:

• You have no local connection with Hammersmith and Fulham, but do have a local connection with the other council.
• You made a homeless application to another borough in the last five years and were placed in Hammersmith and Fulham by that borough.
• While these arrangements are being made, we may offer you interim accommodation if this is required. (Interim accommodation is temporary accommodation provided while we are carrying out our enquiries).

If you have no connection with any area, we may have a duty to help you to obtain accommodation.

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Intentional homelessness – housing (also “intentionality”)

If you are found to be intentionally homeless you will be entitled to advice and assistance to help you to prevent you from losing your home, if you have one.

If you are already homeless then you may be entitled to accommodation for a reasonable period of time, usually 28 days, while you find accommodation of your own. The council will not house you permanently, even if you have children.

You may be considered intentionally homeless if:

• You have deliberately done something, or failed to do something, that you knew would result in your losing your accommodation.
• In order to receive assistance under Part VII of the Housing Act 1996 you have entered into an arrangement that requires you to leave your accommodation.
• We are unlikely to consider you intentionally homeless if we decide that:
• It was not reasonable for you to continue to occupy your accommodation.
• You left your accommodation because of violence or fear of violence.
• Your accommodation went with your job and you lost it through no fault of your own.

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Documents required - what to bring with you

To help with these enquiries you will be required to provide the following documents. (Please note that all documents must originals, copies cannot be accepted).

Identity:

• Full birth certificate /passport of everyone on your application. All birth certificates will be verified to check their authenticity.
• National Insurance Card.

Addresses:

• Any official documents which are dated/postmarked, which show all your addresses for the last five years, e.g. bank statements, letters from the Department for Work and Pensions (DWP) and Inland Revenue etc.

We would need to see at least one for every year if you have been at the same address.

• Tenancy agreement for the address in which you currently live, and also for the previous addresses for the last five years.

Proof of immigration status:

• U.K passport/birth certificate.
• EEC passport/national ID card.
• Other passport stamped with 'Indefinite Leave to Remain' plus letter from the Home Office granting the 'Indefinite Leave'.
• Proof of Refugee Status or 'Exceptional Leave to Remain'.
• Photographic identification issued by the Home Office.

Source of income:

• Income Support or other welfare benefit book (for those in receipt of benefits).
• Pay slips for the last three months (for those working).

Proof of pregnancy:

• Document from GP/hospital confirming pregnancy and the expected date of delivery.
• Maternity book.

Proof of medical condition:

• Name, address and telephone number of doctor/consultant/agency responsible for your medical care.
• Also any letters from doctor/consultant regarding your medical condition.

Care/control/residence of children:

• Any documents confirming care/control/residence/guardianship of a minor who appears on the application.
• Proof of child benefit for the minor.
• Proof of full time education for a child over the age of 16 if still in full time education.

Proof of Homelessness:

• Notice to quit
• Court order/bailiff’s warrant
• Letter asking you to leave

Please note that the person asking you to leave may be required to attend the office for an interview to complete and sign the Confirmation of Homelessness Form. In such circumstances they would need to come into the office with confirmation that they are the legal occupiers of the property e.g. tenancy agreement; and  photographic identification e.g. passport/driver’s licence). In many cases we may also visit you and the person asking you to leave in order to verify the details of your homelessness.

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