03. Does it matter how I become homeless?

The way you became homeless will affect how long the council has to help you for. You may be entitled to only very short-term accommodation if the council decides that you are eligible for assistance, in priority need and 'intentionally homeless'. This may happen if:

  • you chose to leave a home you could have stayed in;
  • you didn't pay the rent when you could have afforded to;
  • the council offered you a suitable place to live, but you didn't accept it;
  • you made yourself homeless to take advantage of the system; or
  • you were evicted because of deliberate actions or behaviour by you or someone else in your household.

However, the council should not claim that you are intentionally homeless if:

  • your home was unfit to live in;
  • you lost your home because you couldn't pay your rent or mortgage after losing your job or not getting your benefit paid on time;
  • you left your previous home because you did not know you had the right to stay there; or
  • you were evicted because of something someone in your household did that you did not know about, or that you had no control over.

Even if the council says you are intentionally homeless, it still has to house you for a short time as long as you are eligible for assistance and in priority need. But this will only be long enough for you to find somewhere else to live (usually 28 days).

If the council says you are intentionally homeless, you need to get expert advice about what to do as the law is very complicated.

What is a 'local connection'?
The council will also check whether you have a 'local connection' with the area before agreeing to help you. You will have a local connection if you (or someone in your household) have:

  • lived in the area for at least six months in the last year, or three years in the last five years;
  • a job in the area;
  • a close relative who has lived in the area for some time and you want or need to live near them; or
  • another reason - for example, you need to be near your child's school.

If you have no local connection, you still have the right to apply as a homeless person. The council may decide that another council should take responsibility for housing you. But you cannot be sent there until the proper procedures have been followed, and the other council has agreed to help you. If you do not agree with the decision, you should get advice.

The council cannot send you back to somewhere where you would be at risk of domestic violence.

Even if you are not in priority need, as long as you meet the other conditions the council must still give you advice and help you to find somewhere else to live. You will also be able to apply for permanent housing, depending on how urgent your need is.


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