The truth about Homelessness Applications - Councils WON'T tell you this
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- Опубликовано: 11 сен 2024
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Councils WON'T tell you this! - How can you get a council to ACTUALLY house you? It all starts with making a homeless application...
It is important to say that this is not legal advice - homelessness is a legal issue, you should always seek qualified legal advice if you are affected by homelessness. These videos are simply there to raise awareness of homelessness issues.
I'm up in Scotland and I'm being moved about like livestock. I was made homeless in Livingston, just outside Edinburgh. I've been in Glasgow, Aberdeen and now I'm stuck near Edinburgh airport. I've got no way of making proper meals as you're not allowed any appliances like microwaves etc. I'm relying on getting over to a friend to do my washing which is less than ideal. I can't commit to work at the minute because, as of tomorrow and just like every week, I could easily end up in Glasgow or 100+ miles up north. The situation is an absolute joke. As thankful as I am to have a roof over my head, the constant uncertainty takes such a massive toll on you mentally it's exhausting. I am unintentionally homeless so I'm the top band of priority for housing, however that doesn't seem to speed up the process as there are so many others in my position. I get out every day because sitting in the hotel room would drive me insane, and I'm walking past new housing developments popping up all over the place that are not affordable for someone in my position. They are also not to be used as council housing, so it's just another frustration.
Who do I turn to when my local council is acting illegal and my councillors, 3 different solicitors and MP are essentially siding with the council and turning a blind eye to legal points I make. I have given the council more than reason to believe I am homeless and in priority needs and they offer me an interview before accepting a relief duty. I clearly see no how they can get away with it. I really give up on this country now. If you could offer private consultations, I would be more than willing to pay.
This is the 1st Honest video i have seen on this topic ..... Amazing
Lol, yeah, there's definitely a gap in the market for someone to actually say what homelessness services are really like, it's a shame so many organisations are complicit with unlawful council practices
I’m in a temporary accomodation but the house is better than the offer they have gave me. I’m gutted because the offer was in a area I thought was a good area and was one of my areas I want to appeal it but don’t think I will stand a chance because it’s in a area I had down as exceptable 😭
Hi Lennon, be very careful when considering turning down properties - the text book answer is to accept the property you've been offered and then ask for a review of the suitability of it - but bear in mind there are really only certain things that would be a successful argument - often around safety and disabilities.
Some councils won't consider pregnant women until after the baby has been born. They also look at how long someone has lived in the local authority area.
The very first compensation payment we got for someone was for a pregnant mum with a child who had been badly beaten by their partner - left homeless for 2 months by the council and not housed until after the baby was born.
They can look at how long someone has lived in the area but not in the initial duty to provide temporary accommodation - local connection doesn't come into it until later, but down the line the council A can refer someone to council B if the person doesn't have a local connection to council A but does to council B and it is safe to do so - there are a number of other myths around local connection so well worth looking at the chapter on it in the Homelessness Code if Guidance (just Google 'Homelessness Code of Guidance PDF' and it will be the first search result). It gets more complicated if someone is applying for social housing but isn't homeless as the local connection criteria tend to be much stricter.
I have been living in supported housing for 18 months. I have no legal tenancy agreement in place with my private landlord who has made it quite clear that he can ask me to leave at any point in time with no period of notice. Am I considered to be homeless? Great videos, thank you!
if you're landlord is getting rent then legally it's a tenancy, even if there's no tenancy agreement. But if it's supported accommodation you might be on a license - either way you won't be homeless as you have somewhere with a legal right to occupy.
My guess is that it's 'supported accommodation' where the landlord gets the higher rate housing benefit but you probably don't actually get any support - in some hostels you'll get priority on the housing register but it depends.
I'm not sure how you can go about finding out - in theory your local council should tell you how to get on the housing register, but in some supported accommodation you will just be stuck and if you leave it they can say you're intentionally homeless. This is one of the reasons why supported accommodation is so shitty.
What area do you live in - i might know a local service that can help.
@@homelessnessbestpractice Thanks so much for getting back so quickly. I have emailed you so as to keep some anonymity. When you said "My guess is that it's 'supported accommodation' where the landlord gets the higher rate housing benefit but you probably don't actually get any support.." you nailed it! Any help or advice you can give via email would be *SO* welcome. Thank you again!!
I need to touch base with this guy. I’ve been homeless since 27th September. I thought I’d made a homeless application, but not heard a peep out of anyone. I’m overwhelmed with the amount of information and struggling to get up to speed. Can anyone help me?
7 to 8 years its not a joke it could be longer!! Iv had it i really have.. I'm still here sofa surfing now... I fucking hate it.. you just don't know how dark I feel right now.. sad a fuck really is..
How could someone like myself go about getting assistance with their housing application from someone like yourselves? I feel like dealing with my housing officer at Dorset Council is an uphill battle sometimes and having someone on my side who knows the ins and outs of the system would be great.
Sorry for commenting on an old video but I’ve only just come across your channel. I have been placed in a council owned hostel with my child. Some people have been here for almost 2 years which terrifies me. The council have not replied to my emails or given me a decision about whether they owe me longer term duty. They put us in a B& B in August. Then moved us to a hostel in September and have been ignoring me ever since. Any advice would be greatly appreciated.
Sorry for your struggles. Have you spoken with your local Citizens Advice? Maybe they could offer you further insight into the system and help you get a reply. Best wishes.
Sorry to hear this, if you are just not getting a reply and you've given the council reasonable opportunity to do so (which obviously sounds like you have), I would make a formal complaint and potentially contact your local councillor. Councillor details will be on the council's website and if you find them on your social media you can often find out when they hold their clinics where you can talk to them about it.
Under the Homelessness Reduction Act there isn't technically a time limit on decisions, but the Guidance implies that councils should usually be able to make a decision when the 56 day relief duty ends (and should only take longer if your situation is complicated)
Hi, I had my homelessness application interview last Tuesday they took all the details and they said I need to fill income and expenses form I don’t why they ask for this please help thanks
It sounds really good that they must house you, but if it is the same as in Australia there are just not enough homes. Here in Tasmania we deal with one department that then accepts your application and then passes onto housing providers in the area you have chosen to be housed in, or one of the areas you selected. You re then coded into a level of need and then you wait.
There certainly aren't enough homes in England either, but ensuring that the law is followed puts pressure on councils to act. In Bedford Borough they have increased temporary accommodation capacity 6-fold since we started complaining about failures to follow the law. This is only stage one - the ultimate aim is to put pressure on central government to build enough homes, but allowing councils to get away with gatekeeping etc. only serves to hide the scale of the problem from central government, so central government can legitimately say they don't actually know how bad it is.
@@homelessnessbestpractice I hate it when someone seems to bypass the rules, sometimes you wonder how they seem to get exactly what they want., in an area that they want, when other people seem to wait forever.
@@meme-sw1pc Yeah there's a huge amount of pot luck in the process - even when the law has been followed (for example in England councils can now discharge their main homelessness duty into the private sector in a 12 month tenancy as opposed to cheaper social housing for indefinite tenancies.
My own opinion is that a huge amount of division and resentment felt in the UK at the moment derives from injustices like these
There are so many empty houses all over uk !!! Don’t know why the rumours are circulating that there are NO houses ! The houses just need to be fixed n people can live in them !
If a homeless person sends an email which details everything you mentioned in this video would the duty (most of my clients go into relief - single - no dependents - semi healthy) be triggered on receipt of the email?
I was arguing yes until I realised it was taking councils 3-4 weeks to conduct their full homelessness assessment, at which point, the client is already half way through their 56 day relief duty and had minimal support from the council.
Short answer is, yes, it's triggered as soon as someone applies for help with housing and gives the council reason to believe they may be homeless, not when the housing officer gets round to reading it. If there's a systemic issue with delays in the council you could raise a question at your next housing committee and ask them if they are aware of the issue.
What about uninhabitable homee with reports from the people that work in repairs for council thats visited the house , medical reports and disability , also whats classed as uninhabitable
Hi GG - it gets complicated with disrepair issues. Have Environmental Health been involved, and if so, have they identified any hazards? Disabilities can occasionally leave someone homeless in their own home if their disability is made significantly worse by the accommodation, or if it means they can't get up the stairs or something. Ordinarily this will lead to an occupational therapist assessment, but some properties cannot be adapted which might mean the council's housing team need to step in.
@@homelessnessbestpractice yeah I've been trying to get environmental health to come, there are so many safety hazards, but its hard to get one, also what about making things easy to clean? because I have mental health and physical health I can't stand for too long for example my back won't let me, would DFG grant help with that? like grout and chasing exposed electricity trunks and stuff? or do they not care about that stuff, it's something that's not only a hazard but hard as hell to clean with physical pain, oh and making as much storage as possible because the house is very small, like the kitchen for example has very few cupboards didn't make use of the wall space, and the same with the bathroom it's narrow and small so nothing can be placed on the floor, yet they didn't bother making a niche or something for cleaning products and necessities that don't fit in the stereotypical slim line cupboards, I know they deal with bathroom adaptations I'll try to get a bath big enough to fit a removable/swivel chair and the toilet also needs adaptation but the rest is a necessity but they don't mention it, they say people with severe mental health can get it but I'm soo unsure of what for, either way I know ill need as much help as I can get
Hi, I was served a section 21 and made a homeless application via email to the council based on 2 grounds. (1), am facing homelessness (2) accommodation not reasonable to occupy. Also, I submitted all evidence with the application. The council recently called me and ask me to attend an interview in 2 weeks. Is this right or should the council have accepted a duty based on having reason to believe. Then making any further enquiries via an interview? Thanks
Yes Camexplora, the homelessness application is triggered when you give the council reason to believe you may be homeless / may be threatened with homelessness. If it were the case that you were likely to become homeless 56 days later then the council could give you an interview some time later (although given the prevention duty is all about taking swift action to stop you becoming homeless, an efficient council would want to meet you asap.
But if you are saying as well as facing a s.21 eviction your accommodation is already unreasonable to continue to occupy, then the council has a legal duty to make immediate inquiries to establish if any other duty is owed to you.
This LGO case summarises this principle nicely - the individual gave the council reason to believe his accommodation may have been unreasonable to continue to occupy in November through unaffordability, but the Council just advised him to come back when was evicted:
www.lgo.org.uk/decisions/housing/homelessness/20-010-166?fbclid=IwAR09RysuxkPOFGQTq3UcWltnAGAOEdicY4KmIQPKIZmNMGyYk3G8nrO_cm8
@@homelessnessbestpractice Thank you. The sad thing is I cannot get any decent solicitor to argue my defence. The solicitor told me I was not legally homeless and that the council the council are dealing with a lot of applicants, thus come back when I get a decision. I have attempted suicide because of my situation and all authorities are aware of this. It is difficult getting a decent letter from my GP, my mental health team are not taking me serious and my MP and councillor have contacted the council already. At this point I just don’t know what the hell to an feel like ending it all .
Hi, firstly thank you for the informative video. I have a question if you have time. I filed a homeless application June last year and have been back and fourth with the council. I’ve had to get solicitors and the ombudsman involved. I was given “prevention duty” which ran out November 2021. With no outcome. I have been given “relief duty” which ends next week and I’ve not been offered anywhere to live either temp or private and I’ve looked myself. My housing officer has said “there’s nothing temporary available in london” and I cannot afford to private rent here. I am priority as I have a son, I am homeless and he goes to school in london hence why I need to stay here. My question is what happens when this relief duty ends next week and I have nowhere to live? I am struggling to sleep at night not knowing what’s next for me and my son. The ombudsman are on the councils case hence why they are “trying to help me”. Thank you if you answer.
Hiya, as well as the answer already given in the Better Homelessness Practice Facebook group, a solicitor is going to share a detailed answer to your question in the near future, so keep an eye out.
Hi do you have any information about single applicants who are under 35s? Applying for help but told only ellegible for 'shared housing rate' despite fleeing abuse? And also having anxiety and panic disorder
good question, i've just done a video about this: ruclips.net/video/f06LY5hYyvM/видео.html
Can a family of 4 (2 adults & 2 children (boy & girl) under 2 live in 1 bedroom sharing with two other adults in the 3 bedroom house?
Q. A rough sleeper that has been verified by the boroughs outreach team & who has submitted a homeless app has been closed by that borough due to no local connection, is this correct? I thought the duty should remain with that borough & at their discretion, a referral made to the borough where the rough sleeper has a local connection. Until another borough picks up the RS, should the duty remain with the initial borough? Hope that makes sense.
yeah it makes sense. Under what grounds does the person have a local connection to another borough? The short answer is the 1st council needs to continue it's inquiries until it's satisfied that the individual is homeless and eligible, and then carry out a s.189 A assessment and PHP and only then can it make the referral - granted that could all be done in a day if they were efficient, but the other council would likely take at least a few days to accept the referral. If s.188 applies in the meantime, the 1st council has a duty to provide interim accommodation
Hello. Thank you for the imformation. I have a few questions but would like to ask them privately. Hence, is there a medium through which I can contact you?
You are gem sir
My question i was living in manchester same house for 10 yr now they move us to oldham in temporary accommodation which is like abandon building for years i lose my job bcoz i am in oldham now job was nearly now 1hr40 min away before that it was 40 min walk away
I want to move back to manchester i have 3 kids 1 is new born 1 is 8 1 is 9 all born same house going to school same school
Wife patent of mantel health
City council saying 1 thing if u need in manchester look for private property i dnt want in same area atleast thry can put me inanchester anywhere
Please guide me bcoz of them i am jobless and homeless too 😔
Really sorry to hear that Tayyab - my first suggestion is to try to find a competent professional who is willing to challenge the council on your behalf or a solicitor who can get legal aid. There are some things you can do but it's very difficult to challenge councils on the location of accommodation they provide in this situation.
I have give the LA my section 21
My if
My bank account statements
My proof of benefits
Now they want my daughters birth certificate which I don’t have
They have not put Mei in temporary accommodation
I been homeless since end January 2023
Daughter in school here
Lived here over 20 years
Done homeless application over 8 weeks ago
Sleeping in my car
British citizen my daughter born under LA I’ve applied to!
Your best bet is to email your local MP AND Councillor and explain what has happened and ask them to help immediately.
Is the government obliged to house pensioners if they are homeless
Hiya, check out the livestream from the 4th January - we tackled the question there.
I have proven that I am homeless I am sleeping in my car with my daughter please help me
What happens after the relief duty
The prevention and relief duty complicate things a lot but they actually don't really make much difference to whether the council has a duty to house you or not.
Basically, let's assume you're already homeless when you ask a council for help with housing and give them reason to believe you may be homeless. This triggers the homelessness application (s.184).
The relief duty kicks in, which is a duty to help people find accommodation, but it is important to understand this doesn't actually mean housing them, it could be something as useless as telling people to look for private rented accommodation and giving them a list of hostels, so it is not really much use in reality and is something councils should have been doing anyway.
But crucially, what it means is that the council can't accept the full duty to house someone until after the 56 day period has ended, even if it is obvious from day 1 that the council will have a duty. And what this means is that people end up waiting 56 days longer catastrophising about the council evicting them from temporary accommodation any second. Councils used to have to reach the final decision within 33 days, now they can't make a decision until after 56 days, and there is no upper limit, so some council officers now take months to do it.
To make sense of this, it's important to understand when the duty to house someone actually kicks in, which is when you trigger s.184 and also give the council reason to believe you may be homeless, may be eligible for assistance, and may be in priority need. The relief duty runs along side the duty to provide temporary accommodation. If this duty doesn't kick in, the relief duty won't make much difference. And if it does, the council can only make a final decision within the 56 day period if is is a negative one if it turns out you're either not homeless, not eligible or not in priority need.
As a case worker, and having spoken to various solicitors, I basically act as though the relief duty doesn't really exist and simply focus on the 5 part test - if you do it this way the only difference it makes is delaying the decision, which works in your favour if you're homeless, eligible and in priority need but also intentionally homeless, because it means the council will need to house you for 56days + a couple more weeks when the 56 day period ends, but for everyone else it just adds to the stress and clogs up temporary accommodation with people who the council will have to house but can't actually get on and do so until the 56 day period ends.
In the council areas i know about, you can however still get on the housing register and may even get band B during this period, so as well as making the homeless application it's also really important to get on the housing register by ensuring you've completed the forms and submitted all the documents they need.
Sorry about how confusing this is, I have no idea why they thought inventing the relief duty was a good idea, it makes the process way more complicated and I don't think anyone gets housed that wouldn't have done so before it came in a few years ago.
@@homelessnessbestpractice what if you are accepted for a main housing duty
If the main housing duty has been accepted the relief duty should have ended already - the main housing duty means the council has a duty to provide you with safe, settled , suitable accommodation (although you will probably stay in temporary accommodation until you get it). This could be either in social housing or in the private rental sector providing the rent is affordable, the tenancy lasts at least 12 months and the property is reasonably decent.
@@homelessnessbestpractice Thankyou how do you stay away from the private rented sector considering the fact it will be abit expensive I have a child
@@homelessnessbestpractice Also Thankyou can I ask you my case worker also asked for my Universal credit payment before making an decision s184 I was wondering why