Homelessness

You may be considered to be threatened with homelessness if you are likely to become homeless within 28 days, i.e.

• you have no legal rights to remain in your home, OR
  
• you have accommodation that it is not reasonable for you to occupy OR
  
• you have no accommodation available for your whole household, OR
  
• you have accommodation but are unable to secure entry to it OR
  
• you are homeless due to domestic violence

You will be asked for proof that you are homeless or threatened with homelessness within 28 days.  For example, proof may be an official Notice to Quit from your landlord or court order or a letter from your friend or family detailing the dates you stayed with them, the reason why and date that they want you to leave.

We will advise you on your legal right to remain at your home even after you have been asked you to leave.  If you leave your home before you are legally obliged to do so (usually by court order) this may prove detrimental to any application for assistance that you make to this or any other council.

If you are homeless from a friend or relative’s accommodation, the Council will try to negotiate with them to help you for a while longer to give us more time to assess your situation and, if need be, arrange alternative accommodation.  A home visit will be arranged to all applicants within the notice period.  This notice period must be seen as reasonable and 28 days is seen an expected period.  If appropriate you may also be referred for family mediation.

If you are not considered to be homeless we will not be able to provide temporary accommodation for you but you will be given general advice about your housing options.

Eligible

Certain categories of person are not ‘eligible’ for assistance under homeless legislation, because they do not usually live in the UK or are subject to some form of immigration control.  If you are not ‘eligible’ for assistance then the Council will have no duty to provide you with temporary accommodation even if you are threatened with homelessness and in priority need.  The Council can however give you further advice on other possible options.

Priority Need

Unfortunately we cannot provide temporary accommodation to everyone who applies.  If we are satisfied that you are homeless and eligible for assistance, we will then consider whether or not you are vulnerable and therefore in 'priority need'.  We may consider you to be in priority need for accommodation if:

• you are 16 or 17 years old
  
• you are 18 to 20 years old and were accommodated by social services between the ages of 16 and 18
  
• you have dependent children who live, or might reasonably be expected to live, with you
  
• you, or any member of your household is pregnant
  
• you are threatened with homelessness as a result of an emergency such as flood, fire or other disaster.
  
• you are vulnerable as a result of old age, mental illness or physical disability, the risk of violence, or institutionalisation i.e. following long periods of imprisonment or service in the armed forces.
  
• Vulnerability –  you are less able to fend for yourself or more liable to harm when homeless than any other homeless person would be, and you are less able to fend for yourself in finding accommodation, and you are less able to fend for yourself in keeping accommodation.

If you are considered to be homeless, but not in priority need, the Council will not have a duty to provide temporary accommodation, but you will be given advice on other housing options.

If you are considered to be homeless and in priority need, it will then be decided whether you are intentionally homeless.

Intentionally Homeless

We will consider the reasons for your homelessness and if your accommodation was lost due to your own actions (or inactions) and would otherwise have been available and reasonable for you to continue to occupy, you may be considered to be intentionally homeless.  We do not have a duty to provide temporary accommodation to intentionally homeless people, other than to provide or continue to provide temporary accommodation for a reasonable amount of time and further advice to enable you find alternative accommodation.  If you have dependent children we will ask you if you would like us to refer you to Social Services for an assessment under the Children Act.

If you are found to be homeless, eligible for assistance, in priority need and not intentionally homeless, it will then be decided whether you have a local connection with this Borough.

Local Connection

You will have a local connection with the Borough if:

1. You have lived in the Borough for 6 months out of the last 12 months, or 3 years out of the last 5 years.
   
2. You have permanent employment in the Borough.
   
3. You have immediate family e.g. parents, adult brother(s), sister(s) who have lived in the Borough for the last 5 years.
   
4. Other special reasons can be considered at the discretion of the Council.

If you have no local connection with this Borough, you will be referred to another Council where you do have a connection.  You will not be referred to another Council if you would be under threat of violence in the Council’s area.  You may be provided with accommodation while the referral is being considered.

Notification Of The Decision

The Council will try its best to make a decision regarding your homelessness application as soon as possible, usually within 33 working days.  You will be notified of the decision in writing.

If we decide that we do not have a duty to provide you with temporary accommodation, the reasons for the decision will be given.  If you think the decision is wrong, you have a legal right to request a review our decision.  A review request must be made within 21 days of receipt of the letter.  If you are still unhappy with the decision, you have the right to appeal to the County Court on a point of law.

If it has been established that you are homeless, eligible, in priority need and have nowhere to stay whilst your application is being processed you will be offered temporary accommodation until a decision has been made on your application.  This accommodation will be what is available at the time and is considered to be a suitable for the needs of your household.  This could be a refuge, hostel or accommodation in the private sector. 

Further Information

If you are homeless or threatened with homelessness you should contact the Housing Adviser (01372 732436) in the first instance, who will be able to give you further advice. 

Homeless young people (16 &17 yrs) and care leavers – Housing Services and Surrey Social Services have joint procedures in place to assist homeless young people and care leavers.  The young person can either contact Social Services on 01372 832500 or Housing Services on 01372 732436.

Hostels for single homeless people – Housing Services offers advice to single homeless people on the how to access hostels.  Advice is also available on how to find private rented accommodation, entitlement to Housing Benefit and how to register on the Housing Needs Register.  For information and advice contact the Housing Adviser in the Housing Services Division on 01372 732436.  

Related Pages

Housing Homepage
Homelessness