If you are homeless or believe you may be threatened with homelessness, this leaflet will give you a general idea of what to do and how the Council can help.
Losing your home is a stressful experience. Most people manage to find somewhere else to live without help, but this is not always possible. Depending on your circumstances, if you are threatened with, or about to become homeless we may be able to help you, but you should do everything you can to keep your home.
It is important to remember you may be able to remain in your home. You should never assume you do not have a right to remain - seek advice.
If you are worried about losing your home you should contact the Housing Advice Centre and arrange an appointment to see a housing advisor who can advise you of your rights. This will enable you to consider the most appropriate action.
There are precise rules on homelessness. To help decide whether the Council has a duty to find alternative accommodation a housing advisor will have to look at whether you or a member of your household:
re eligible for assistance
are homeless or likely to be homeless within 28 days
have priority need for assistance
became homeless intentionally
have a local connection with the Borough of Spelthorne
Am I homeless?
You are defined as homeless if:
you have no accommodation anywhere that you can legally occupy
you cannot gain entry to your property
it is not "reasonable" for you to continue living there, taking into account the general housing situation in the area
you are at risk of violence if you remain there
You are threatened with homelessness if it is likely that you will become homeless within 28 days.
Am I eligible for assistance?
Not all homeless people are eligible for help. Asylum seekers, or persons subject to immigration control for example, are excluded unless they fulfil specific status conditions. Similarly, persons who fail the 'Habitual Residency Test' set out by the Home Office are not eligible for housing assistance.
Am I in priority need?
You will be in priority need if:
you have dependent children under 16 years old or 17-19 year olds who are in full time education, living with you
you or a member of your household are pregnant
you are 16 or 17 years of age and Social Services do not have a duty to assist you
you are 18, 19 or 20 years of age and were looked after, accommodated or fostered when aged 16 or 17
you or a member of your household are assessed as vulnerable due to long-term illness, mental health, physical disability, old age, or because of other special needs
you are vulnerable as a result of being looked after, accommodated or fostered; or as a result of fleeing violence (or threats of violence); or as a result of spending time in the armed forces; or as a result of having been in prison or remanded in custody
you are homeless due to fire, flood or similar emergency
If you are homeless but do not have a priority need for assistance the Council will offer advice but will not be able to help you with emergency accommodation. Please see the back of this leaflet for contact details of other organisations who may be able to help.
If you are believed to be in priority need you will initially be given emergency accommodation, which is likely to be Bed & Breakfast accommodation. There is a charge for emergency accommodation, however if you are in receipt of Income Support, most of the charges will be met by Housing Benefit. The Council will then investigate your circumstances further, including looking at the reasons why you have become homeless to determine whether you are intentionally or not intentionally homeless.
What is intentionally homeless?
You could be found intentionally homeless if you had a home that you could have stayed in, but gave it up deliberately, or lost it through your own fault. This could be some time ago and not necessarily your last address. Some examples are listed below:
Deliberately not paying your rent or mortgage even though you had the money to do so
Not following advice given to you by either a Housing Advice Centre, Citizens Advice Bureau or solicitor
Getting evicted because you broke the terms of your tenancy agreement
Making an arrangement to be evicted in order to take advantage of the homeless legislation
Failing to follow advice and assistance given by the Council to help you find alternative accommodation
If you are homeless through no fault of your own, and in circumstances beyond your control, then it is unlikely you will be treated as intentionally homeless.
If you think you may lose your present home, get advice immediately. It is important you do not leave, whilst you have a right to remain there.
If you are considered to be intentionally homeless, the Council is not required to find, offer or arrange housing for you. However if you are in priority need the Council will provide emergency accommodation for a limited period to allow you time to find alternative accommodation, and will give you advice and assistance in your efforts to find somewhere to live.
What is a local connection?
You may be considered to have a local connection if you or anyone living with you:
have resided in the Borough of Spelthorne for 6 months in the past year or 3 years in the past 5 years
have a close family member living in the Borough of Spelthorne, who has lived here for the last 5 years and is still resident. Close family member includes mother, father, son, daughter, brother or sister
are employed permanently within the Borough of Spelthorne
If you have no local connection with our area we may refer you to another Council with which you do have a connection. That Council will have a duty to provide you with accommodation in its area. If you have a local connection to more than one area you can say which you would prefer to be referred to.
What happens next?
Once the Council has completed all of its enquiries and a decision about your case has been made the Council will write to you to inform you of this decision.
If you are in priority need, found not intentionally homeless and have a local connection with the Borough of Spelthorne, the Council will arrange temporary accommodation for you, and put you on a separate list within the Spelthorne Housing Register from which the Council will aim to permanently rehouse you within 2 years (more information about the Housing Register is available in other leaflets).
Right to a review
If you are unhappy about the decision made regarding your case you may request a review within 21 days of the date of notification. The decision letter will inform you of the details of how to do this. A review must normally be completed within 56 days of the request.
How to apply for help
How to contact the Council
In person: come to the Housing Advice Centre at the Council offices - opening hours: 10.00 am - 4.00 pm Monday, 11.00 am - 3.00 pm Tuesday to Friday, Late Night Opening 5.00 pm - 7.00 pm Thursday.
Phone: 01784 446380/1/2/3/4/5 - phone hours 9.00 am - 5.00 pm Monday to Friday, till 7.00 pm Thursday.
Address: Housing Needs Section Spelthorne Borough Council Knowle Green Staines, TW18 1XB
Other useful contacts
Spelthorne Rentstart (a registered charity which assists homeless single people and childless couples) Community Link, Knowle Green, Staines Telephone: 01784 446422 more details
Spelthorne Citizens Advice Bureaux Citizens Advice Bureau Community Link Knowle Green Staines TW18 1XA Tel: 01784 444220 more details 1b Staines Road West, Sunbury Tel: 01932 765041 more details
Surrey Women’s Aid Domestic Violence Helpline 01483 776822
West Sussex & Surrey Shelter Housing Aid Centre 01293 419255
Surrey Social Services Emergency Duty Team (deals with emergency homelessness cases for the Borough of Spelthorne outside normal office hours) Tel: 01483 517898
Women’s Aid National Helpline 08457 023468
Refuge 24 Hour Helpline 0870 5995443
Shelterline 0808 800 4444
This leaflet is not intended to give an authoritative interpretation of the law, nor does it cover all cases. If you are in any doubt about your legal rights you would be well advised to seek further information or independent legal advice. Graphical Version l
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