Discussion on homelessness and what is homelessness?
Homelessness means not having a home. Even if you have a roof over your head you can still be homeless. This is because you may not have any rights to stay where you live or your home might be unsuitable for you.
In England and Wales the Housing Act 1996 states that people are homeless if any of the following apply:
- There is no accommodation anywhere in the world in which they have a right to live
- They have accommodation but cannot gain entry to it
- Their home is moveable, such as a houseboat or caravan, and they have nowhere to place it
- They have accommodation, but it is not 'reasonable' to continue living there, for example, in cases of violence
- There is nowhere for the whole household to live together
In Scotland the Housing (Scotland) Act 1987 amended by the Housing (Scotland) Act 2001, states that people are homeless if there is no accommodation they are entitled to occupy. Entitlement means having:
- either an interest in it (i.e. they are the owner or the tenant); or
- an express or implied license to occupy (in Scotland, a right or permission, or an implied right or permission to occupy); or
- some other enactment or rule of law giving the right to remain in occupation or restricting the right of another person to recover possession.
Further, in Scotland a person is also considered to be legally homeless if they have accommodation but: they cannot secure entry to it;
- (in the case of, for example, a caravan) they have nowhere they are entitled both to place it and live in it; or
- it is probable that occupation will lead to violence, or threats of violence which are likely to be carried out; or
- it is overcrowded and may endanger the health of the occupants.
In Northern Ireland, the Housing (NI) Order 1988 updated by the Housing (NI) Order 2003 states that:
A person is homeless if he has no accommodation available for his occupation in the UK or elsewhere. A person shall be treated as having no accommodation if there is no accommodation which he, together with any other person who normally resides with him as a member of his family or in circumstances in which it is reasonable for that person to reside with him.
Across the UK, a person is also considered to be 'threatened with homelessness' if it is likely that they will become homeless within 28 days (eg because of eviction due to rent or mortgage arrears). In Scotland, this period was extended to 2 months in the 2001 Housing (Scotland) Act).
If you are in Single Living Accommodation (SLA) or you are facing eviction from Service Family Accommodation (SFA) and you are hoping to obtain Social Housing (Council/Housing Association), send a copy of the 'Certificate of Cessation of Entitlement to Occupy SLA/ SFA' or 'notice to vacate' to the Homeless Persons Unit of your Local Authority. The certificate is obtained from your Unit/local Housing Information Centre (HIC) at Defence Infrastructure Organisation (DIO). A copy of this document can be found within the Related Pages/Links section.
What to do if you are homeless:
Go to your local council and tell them that you wish to apply under the provision of the Housing Act 1996/Homeless Order 2002 for an assessment as a homeless person. The Housing Act is covered in the Related Pages/Links section.
What the Local Authority should do:
The Local councils have legal duties to assist homeless people in some way, either through temporary re-housing or by giving advice and guidance.
Are you in a Priority Need category?
The main homelessness duties in the 1996 Act apply only to applicants who have a priority need for accommodation. The 1996 Act and the Homeless Order 2002 provide the following categories of applicant have a priority need for accommodation.
- A pregnant woman
- 16/17 year olds, 18/21 year olds who have been looked after by Social Services in the past
- A person who lives with dependant children under 16, or 16-18 in full time education
- A person who is vulnerable because of old age, mental illness, physical disability, violence, threats of violence
- A person who is homeless, or threatened with homelessness because of flood or fire
- A peson who is vulnerable as a result of having served a custodial sentence
- A person who is vulnerable as a result of having been a member of Her Majesty's regular naval, military or air forces. (England only)
- A person formerly serving in the Regular Armed Forces who has been homeless since leaving the Forces (Wales only)
If the council recognise you as Priority Need, they will help you find permanent accommodation. It may not necessarily be a council flat/house from the outset as temporary accommodation may have to be utilised prior to allocation of more permanent accommodation.
Are you in Non-Priority Need?
Single people, or couples under State retirement age without children and who are not considered vulnerable, do not normally fit the criteria of those in ‘priority need’ in England. This is the same in Wales except for those who have not been able to secure stable accommodation since leaving the services and have a local Welsh connection.
If the council recognise you as Non-Priority it will not have a legal obligation to house you, however you will be offered appropriate advice and assistance on other housing options.
How can the council decide that I am intentionally homeless?
It is up to the council to prove that you are intentionally homeless, not for you to prove that you aren't. The council has to make enquiries into the reasons you became homeless and must be satisfied that all the following points apply:
- you deliberately did (or didn't do) something
- that caused you to leave accommodation
- which you could otherwise have stayed in, and
- it would have been reasonable for you to stay there
If the council recognises you as Intentionally Homeless it will only offer you appropriate advice and assistance.