Accessing Accommodation
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Introduction
This section of the toolkit focuses on the challenges that come with accessing accommodation and sets out practical steps and tips that individuals in need can follow. Accessing accommodation when homeless or in a vulnerable position can be both a daunting and difficult process. This toolkit is designed to break down the process of applying for accommodation and provides an overview on how individuals can access accommodation in both the short and long term.
The toolkit focuses on the following areas in relation to accessing accommodation and challenging the suitability of accommodation:
- Types of accommodation that can be accessed
- Priority Need
- Local Connection
- Requests for Reviews and Legal support
The toolkit is designed to provide guidance when accessing accommodation, determining when individuals (and their dependents) are eligible for assistance and requirements that should be met, and how to challenge the suitability of any accommodation once assigned.
Where possible, we have set out the process that will need to be followed to access accommodation or challenge the suitability of accommodation. We also cover how to seek further support and provide case study examples for each section.
Homeless application & process
Anyone can ask for homeless help and make an application for homelessness assistance, but whether they are granted assistance will depend on whether the local council they apply to decides if they qualify or not.
To apply, individuals must contact their local council, which can be in any form (i.e. face to face, in writing or via email). It is strongly suggested that applications are made in writing so that there is a paper trail of evidence that can be referred to later.
The council will then consider the application and must write to the applicant once they make a decision.
When assessing and deciding a homeless application, the local council will examine five aspects:
- If a person is homeless (i.e., if they’re legally homeless or will become homeless within the next 8 weeks).
- If they are eligible for assistance.
- If they are in priority need.
- If they are intentionally homeless.
- If they have a local connection to the area.
In the following sections we will further explore what is meant by priority need, intentionally homeless and local connection.
Types of accommodation that can be accessed
Depending on the situation and the circumstances surrounding a person’s homelessness, they may need to access either short-term or long-term accommodation.
1) Short-term accommodation
The need for short-term accommodation can be considered as an emergency in some circumstances. Local councils must provide emergency housing for most homeless families and some people without children who become homeless. It is meant to be a short term solution while the council (i) looks into an individual’s housing situation and (ii) decides how they will support an individual in the longer term. Anyone can ask for help but not everyone qualifies for emergency housing.
The relevant legislation means that there is an interim duty on a local authority to secure accommodation where enquiries are being made into a homeless application. The duty arises where a local authority has reason to believe that an applicant may be homeless, eligible for assistance and have a priority need (under section 188 Housing Act 1996).
In other situations, the need for short-term accommodation will be considered temporary (whilst an individual is waiting for longer-term support).
Emergency housing (interim)
A person can be eligible for emergency housing if they are legally homeless, eligible for help and are in priority need. The relevant sections of this toolkit explore what these mean.
Emergency accommodation is, however, only a short-term solution and will usually be up to 56 days (though this can be extended by 15 working days if further significant investigations are required to assess the person’s need) – if a person is given emergency housing by the council, during this time, they will consider how to help them in the long term.
To be provided with emergency housing by the council, an individual must meet the following conditions:
- they have nowhere safe to stay (which could include having no accommodation within the UK or abroad, fleeing violence, having been unlawfully evicted, overcrowding in current accommodation and/or uninhabitable housing conditions, amongst others);
- they have children, are pregnant, or have another priority need (see the section on Priority Need for further information); and
- they meet the immigration conditions.
Immigration conditions for emergency housing:
To meet the immigration conditions, an individual must have:
- British or Irish citizenship; or
- indefinite leave to remain in the UK; or
- refugee status or humanitarian protection; or
- settled status under the EU settlement scheme; or
- be a commonwealth citizen with a right of abode and the right to live, work claim benefits and apply as homeless in the UK,
- and be habitually resident (have lived in the Common Travel Area – the UK, Republic of Ireland, Channel Islands or Isle of Man for a reasonable period e.g. last 5 years and be living here for the foreseeable future).
If an individual has applied to the EU settlement scheme by 30 June 2021 and is still waiting for their application to be processed, they may still be able to get homeless support. However, for EU citizens who moved to the UK after 31 December 2020, they are unlikely to satisfy the immigration condition for the purposes of emergency housing unless they’re an Irish citizen or have settled or pre-settled status.
Certain extra conditions also apply for individuals with pre-settled status, although these are currently subject to review by the Supreme Court and should be considered on a case-by-case basis at the appropriate time, subject to whether they are still legal following Supreme Court’s decision.
The council is required try to find emergency accommodation within the area (or as close as possible to the area) if possible. The individual might be offered something in a different council area if there’s a lack of emergency options locally or if they have a local connection to another area (see the section on Local Connection for further information).
Finding emergency housing:
The council must consider:
- travel time to work and/or school;
- disruption to children’s education (if applicable); and
- any caring responsibilities and local support networks.
- If the accommodation will be affordable
The type of emergency housing granted can vary quite greatly from borough to borough and in some circumstances can be very basic without many practical supplies or household equipment being included. It may be in bed and breakfast accommodation which is very basic and can be one room for an individual and their family. Bathrooms and/or kitchens sometimes must be shared with other residents. Alternatively, it could be a basic studio flat. This can often mean that although a fixture/housing is provided, the individual(s) may still need additional support or supplies to practically live there e.g. if there is no bed or cooking utensils. The council must arrange storage for the applicants’ personal belongings if they can’t do this themselves (Section 211 and 212 of the Housing Act 1996). Please bear in mind that council usually charge for this.
The council should be informed if the applicant or anyone in their household needs to self-isolate or is at higher risk of infection or illness due to COVID-19 so that this can be considered as part of the assessment on where to place them.
If the applicant is pregnant or has children, they shouldn’t have to stay in a privately owned bed and breakfast, where a bathroom, toilet or kitchen must be shared with another household unless there’s nothing else available. Where there is nothing else available, the council must move the applicant to somewhere more suitable within 6 weeks (The Homelessness (Suitability of Accommodation) (England) Order 2003).
If no local emergency housing is available, the applicant could be placed in accommodation out of the corresponding borough. It is important that the council is informed of any reasons why the applicant cannot live in a particular area or if the applicant has any health or medical issues affecting the type of accommodation that is needed or the location.
At what point can an individual access emergency housing?
It is possible for individuals to ask for help before they need emergency housing, i.e. when they are at risk of losing their home. The council might be able to help an individual stay in their current home or find somewhere else to live and to avoid them becoming homeless.
The council must help a person if they are legally homeless or at risk of losing their home. A person counts as threatened with homelessness if either:
- they’re likely to be homeless within the next 8 weeks; and/or
- they’ve had a valid eviction (section 21) notice that ends in the next 8 weeks.
So how does it work?
The council may require payment in respect of the costs for emergency housing and a service charge towards the utilities. However, the council will take into account an individual’s household income and financial situation before deciding on the contribution that an individual will make towards the housing costs.
The council will usually provide support to help an individual to claim certain government benefits that they may be entitled to, i.e. housing benefit, universal credit etc. in order to help cover these costs.
The UK Government Website provides detail of the types of housing benefit and financial support that might be available and contains detail of the eligibility criteria for these.
Temporary/short term accommodation
Once the council has assessed the homeless application and established it can help the applicant, it may place the applicant in temporary housing on a short-term basis if it doesn’t have suitable longer term housing available at that time.
Any temporary accommodation offered can include a room in a bed and breakfast, self-contained accommodation, a private flat and a council/housing association flat. However, it is likely to be a bedroom size smaller than the applicant would normally be entitled to. For example, if a 2 bed is needed then the applicant may be offered a studio or a 1 bed flat as temporary accommodation.
The individual can be placed in the temporary accommodation for months and in some cases years depending on the shortage of longer term housing in the area. It is possible that the council might also ask the individual to move to different temporary accommodation during this time.
If the applicant has a low income and needs help to pay rent, it is possible to make the following claims which aim to provide the applicant help in this matter:
- housing benefit – if the applicant rents from the council or a housing association; or
- universal credit housing component – if the applicant pays the rent to a private landlord.
There is sometimes a shortfall between the rent total and the amount of housing benefit or universal credit than can be received. If the applicant can’t afford the full charge, it is possible to apply to the council for a discretionary housing payment to top up the rent.
Further advice and information can be sought by reaching out to the National Homelessness Advice Service and Citizens Advice Bureaux.
2) Long-term accommodation
If someone qualifies for emergency housing help, they might be able to get longer-term housing if they didn’t cause their homelessness. This is known as being ‘intentionally homeless’. Please see the ‘intentionally homeless‘ section for more information on this.
Types of long-term accommodation that can be offered:
Long-term accommodation means what someone is provided with will be on a permanent basis – if their application is successful and they qualify for longer-term housing, they will usually get one of the following:
- a tenancy with a council;
- a tenancy with a private landlord; or
- a tenancy through a housing association.
Although long-term accommodation is the goal for many clients, this doesn’t necessarily guarantee that a council flat will be provided by the local authority. Long-term accommodation in the private rental sector is often offered by the council, which brings with it additional costs e.g. paying bills.
The council should let an individual visit the accommodation before they decide whether to accept it. Once in the accommodation, the council may also carry out further investigations into the relevant tests for homelessness.
Floating Support
Floating support, also called tenancy sustainment support helps people who might otherwise struggle to cope or to live independently in their own home. It is focused on preventing vulnerable people from losing their home and, in the case of people who have slept rough, can prevent a return to the street. Support is delivered by skilled case workers who visit people in their homes or meet them somewhere close by. Floating support does not generally come bundled with long-term accommodation but it can be requested when contacting the council.
When will someone hear if they qualify for longer-term housing and what happens if they don't?
The council should inform individuals of their decision whilst they are currently benefitting from the emergency housing they provide them with (and usually within 3 months).
If the council decides a person does not qualify for longer-term housing, they must send a letter stating this and an explanation of the reasons for their decision. They might decide this because they determine that the person is not in priority need or that they are intentionally homeless. Even if someone receives a negative decision from the council, they can still seek support and information from them on how best to find suitable accommodation or other avenues they could pursue. An individual could also contact an organisation such as Shelter if the council say they can’t or won’t help.
If a person is in priority need but the council decides they’re intentionally homeless, they must continue to provide emergency housing for a reasonable period, usually a few weeks.
The council must give reasons for their decision and provide further information on how an applicant may review the council’s decision. An applicant should ask for a review within 21 days of the council’s decision if they think it is wrong. An applicant can usually get free legal help with this which is highly encouraged – details of how to get free legal advice and representation for housing problems including eviction and homelessness can be found here. Please see Requests for Reviews and Legal support for further information on this.