It’s a myth that single homeless people can’t get rehoused by the council – most meet the Housing Act 1996 Part VII 189 (1)(c) & (1)(d) and Homelessness (Priority Need for Accommodation) Order 2002 criteria and the council has to provide temporary housing immediately until you’re rehoused
For example, less than half of council flats in Islington have more than one bedroom so obviously most are for single people and couples.
If you have a physical disability; mental health problems; learning difficulties; old age; were in care; have been in prison or remand; have been in the armed forces; left your home because of violence or domestic violence; are homeless because of fire, flood, or a similar disaster; are pregnant; or under 18 years of age, then you’re entitled to get rehoused by the council and temporary housing immediately.
Most single homeless people are in at least one of these categories, many are in more than one. Are homeless charities informing homeless people about their right to get rehoused by the council? Not at all.
The council has to rehouse you and provide temporary housing immediately if you are all of the following:
• You’re homeless
• You’re eligible for assistance based on your immigration status
• You have a priority need for housing
• You have not become homeless intentionally
• You have a local connection with the borough
I’m exhomeless, not a housing solicitor. To the best of my best of my knowledge this information is correct, but if you’ve spotted any errors or inaccuracies please leave a message in the comments below so I can correct them.
In priority need
You have a priority need for housing if any of the following apply to you or a member of your household:
Housing Act 1996 Part VII section 189
(1)(a) You’re pregnant
(1)(c) You’re vulnerable as a result of old age
(1)(c) You’re vulnerable as a result of mental illness
(1)(c) You’re vulnerable as a result of mental handicap
(1)(c) You’re vulnerable as a result of physical disability
(1)(c) You’re vulnerable as a result of other special reason – include anything that makes you vulnerable such as drink, drugs, abuse, sexually assaulted or raped while homeless, trafficked, victim of modern slavery, prostitution, etc. None of these are specifically mentioned in the legislation so think carefully why it makes you vulnerable to argue your case.
(1)(d) You’re homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster
Homelessness (Priority Need for Accommodation) (England) Order 2002
3 (1) Aged 16 or 17
4 (1) Under 21 and at any time age 16-18 were in care, accommodated or fostered.
5 (1) Aged 21+ and vulnerable as a result of having been looked after, accommodated or fostered
5 (2) Vulnerable as a result of having been in the navy, armed forced or air forces
5 (3)(a) Vulnerable as a result of having been in prison
5 (3)(b) Vulnerable as a result of having been committed for contempt of court or any other kindred offence
5 (3)(c) Vulnerable as a result of having been on remand
6 Vulnerable as a result of leaving accommodation due to violence or threats of violence which are likely to be carried out
Are you vulnerable?
The case of R v Camden LBC, Ex parte Pereira  31 HLR 317 determined that when assessing priority need, the council must ask themselves whether you’ll be less able to fend for yourself than an ordinary homeless person:
“When homeless [will be] less able to fend for himself than an ordinary homeless person so that injury or detriment to him will result where a less vulnerable man would be able to cope without harmful effects.”
The council decides if you’re vulnerable by looking at:
- If you can cope with being homeless
- How any disability or illness you have affects your daily life
- What support you would get from friends, family or other services
- The risk of harm to you compared to the risk of harm to other homeless people
For more information on the definition of “vulnerable” see housingrights.org.uk/news/homelessness-priority-need-and-meaning-vulnerability-reassessed
It’s important that you think carefully about this before you go to the council. For example
- Explain how being homeless is making your health conditions worse
- Explain how being homeless is causing your mental health to deteriorate
- Explain your care needs – eg that you need someone to remind you to eat, to cook for you, remind you to wash yourself, wash your clothes, wear clean clothes, take your medication properly, help to go to the toilet, keep your home clean and tidy when you last had somewhere to live, encourage you to socialise with others, help you if you get anxious going to new places or talking with people you don’t know, mobility problems, disability adaptations you need, etc
- You’re not eating properly because you have mobility problems and can’t walk to soup kitchens in order to eat
- You’re not able to take your medication as you should because you don’t have access to water. You need to take your medication with food but can’t because you’re unable to eat at regular meal times as soup kitchens are open at different times every day
- You have a condition which means you need to go to the toilet often such as incontinence, IBS or fibroids. Not having a toilet means you end up covered in wee / poo / blood
- You’re sleeping rough and can’t sleep at night because it’s so cold and noisy and then can’t function during the day and are neglecting yourself as a result
- Being homeless is causing you to drink too much / turn to drugs to numb the pain
- Explain how having been in care / the armed forces / prison makes you more vulnerable than someone homeless who hasn’t
- You’re fleeing violence and are traumatised – explain what help you’re getting eg counselling, mental health services, etc
Not sure you’re in priority need?
If in doubt, apply anyway. You don’t ask, you don’t get.
Tell the council about all the health problems you have, even if you think they don’t quite count as a disability.
Many homeless people are autistic or have ADHD but are undiagnosed and unaware, most likely diagnosed with depression, severe anxiety and panic attacks. If you’re autistic or have ADHD, you’re in priority need under Housing Act 1996 189 1(c).
A small study by Pritchard in 2010 found that 65% of long-term roughsleepers were diagnosed with autism.
Print the results at a day centre with computers or the library, give it to your GP and ask to be referred for autism and/or ADHD assessment. The waiting list of autism and ADHD assessment is up to 2 years, but ask your GP to refer you to a general psychiatrist and you should get an appointment within a month and a working diagnosis of autism and/or ADHD. You then use that as evidence that you’re in priority need for a council flat.
If you don’t have a GP, register. You can search for GPs in your area on nhs.uk/Service-Search/GP/LocationSearch/4
A GP cannot refuse to refer you because you’re homeless, even when you don’t have an address or ID, see londonhomelessinfo.wordpress.com/doctor
Eligible for assistance based on your immigration status
The council have a “habitual residence” test – you are British, Irish or have indefinite leave to remain in UK.
If you are from EU and have been in the UK for at least 5 years, apply for European Settlement Scheme and then you are automatically habitually resident in UK. If you’re Eastern European you can get help to apply from Eastern European Resource Centre, 238-246 King St, Hammersmith, London W6 0RF Tuesday – Saturday 11:30-1:30 (last client at 1) & 2-6:30 (last client at 6). 020 8741 1288 EUSS@eerc.org.uk
If you’ve been in the UK for less than 5 years the council won’t rehouse you. But I feel you are priority need they have to provide temporary accommodation for 56 days.
If you have been in the UK less than 5 years and are disabled, have mental health issues, autism, learning difficulties, or a drink or drug problem which makes you vulnerable, ask Social Services of the council where you are homeless to assess your care needs. It’s called a Care Act assessment. They look at what help you need such as someone to remind you to eat, to cook for you, remind you to wash yourself, wash your clothes, take your medication properly, help to go to the toilet, keep your home clean and tidy when you last had somewhere to live, encourage you to socialise with others, help you if you get anxious going to new places or talking with people you don’t know, mobility problems, disability adaptations you need, etc.
When Social Services do a Care Act assessment they have to look at your housing and get you somewhere to live and pay the rent even when you can’t get benefits. Ask a disability charity to help you apply to Social Services as they know the Care Act. Google “disability action” and the name of the council where you are homeless. In Westminster, Action on Disability actionondisability.org.uk In Camden, Camden Disability Action camdendisabilityaction.org.uk
Not intentionally homeless
Two common examples are if you are evicted from your home because you did not pay your rent when you could have, or you gave up your last home when it was reasonable for you to continue living there.
Local connection – which council do you apply to?
You apply to the council where you have a local connection:
• You’ve lived there for at least 6 out of the last 12 months, or 3 out of the last 5 years
• You’re connected to the borough through a close relative (parent, child, brother or sister) who has lived there for the past 5 years
• You have a permanent job in the borough
• You’re connected to borough for some other special reason
• Your connection is with another area but you or someone in your application might experience domestic violence or violence if you/they return there
• You’re not connected to any council in the UK; for example, because you have recently come here from abroad
Westminster council’s policy is that you must have been in Westminster for 3 years, if you haven’t it’s at their discretion
Camden council’s policy is that you must have been in Camden for 3 years camden.gov.uk/documents/20142/0/Summary+of+housing+allocations+scheme+at+October+2017%5B2%5D.pdf/5cf6bdb4-4862-c8a9-970a-ade5bd39d181
Kensington & Chelsea council’s policy is that you must have been in Kensington & Chelsea for 5 years
Southwark council’s policy is that you must have been in Southwark for 5 years, or need to be near a close relative who’s lived in Southwark for over 5 years to receive or provide care. Except if you’re a homeless veteran.
If you’ve just moved to one of these boroughs or have a long wat to go until you’ve been in the borough long enough, consider moving to another borough that doesn’t have such a policy and apply once you’ve been homeless there for 6 months
I haven’t checked other London boroughs, so google the council’s housing allocations policy to find out if they require you to have been in the borough a minimum number of years to have a local connection
Temporary accommodation immediately
Under Housing Act 1996 Part VII section 188 Interim Duty to Accommodate , the council must provide temporary accommodation immediately the day you apply.
In London temporary accommodation usually means a private rented studio flat, or it could be a B&B.
If you can’t share communal areas because of your disability, ask for a studio flat as a reasonable adjustment under the Equality Act 2010. For example, if you’re autistic or have psychosis and being forced to share communal areas with strangers makes you unwell.
Where do you apply?
You apply at your council’s Housing Team.
Take ID and any evidence you have.
Ask your GP for a letter about your health problems and how being homeless is making your health worse. If you don’t have a GP, register with one. A GP cannot refuse to register you because you don’t have ID or an address.
Ask any soup kitchens you go to write a letter about how vulnerable you are.
If you don’t have any paperwork, make a Data Protection Act request to your GP / social services / probation / armed forces etc for your records. They have one month to provide them.
The legislation – Housing Act 1996 Part VII & Homelessness (Priority Need for Accommodation) (England) Order 2002
Make sure you take a printout of this legislation with you when you apply as homeless as the council will try to fob you off and refuse to rehouse you.
Housing Act 1996 c. 52 Part VII Interim duty to accommodate Section189
189 Priority need for accommodation
(1) The following have a priority need for accommodation—
(a) a pregnant woman or a person with whom she resides or might reasonably be expected to reside;
(b) a person with whom dependent children reside or might reasonably be expected to reside;
(c) a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside;
(d) a person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster.
The Homelessness (Priority Need for Accommodation) (England) Order 2002
Priority need for accommodation
2. The descriptions of person specified in the following articles have a priority need for accommodation for the purposes of Part 7 of the Housing Act 1996.
Children aged 16 or 17
3.—(1) A person (other than a person to whom paragraph (2) below applies) aged sixteen or seventeen who is not a relevant child for the purposes of section 23A of the Children Act 1989.
(2) This paragraph applies to a person to whom a local authority owe a duty to provide accommodation under section 20 of that Act (provision of accommodation for children in need).
Young people under 21
4.—(1) A person (other than a relevant student) who—
(a) is under twenty-one; and
(b) at any time after reaching the age of sixteen, but while still under eighteen, was, but is no longer, looked after, accommodated or fostered.
Vulnerability: institutional backgrounds
5.—(1) A person (other than a relevant student) who has reached the age of twenty-one and who is vulnerable as a result of having been looked after, accommodated or fostered.
(2) A person who is vulnerable as a result of having been a member of Her Majesty’s regular naval, military or air forces.
(3) A person who is vulnerable as a result of—
(a) having served a custodial sentence (within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000)(1);
(b) having been committed for contempt of court or any other kindred offence;
(c) having been remanded in custody (within the meaning of paragraph (b), (c) or (d) of section 88(1) of that Act).
Vulnerability: fleeing violence or threats of violence
6. A person who is vulnerable as a result of ceasing to occupy accommodation by reason of violence from another person or threats of violence from another person which are likely to be carried out.
Providing temporary accommodation immediately
Housing Act 1996 c. 52 Part VII Interim duty to accommodate Section 188
188 Interim duty to accommodate in case of apparent priority need
(1) If the local housing authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they shall secure that accommodation is available for his occupation pending a decision as to the duty (if any) owed to him under the following provisions of this Part.
(2) The duty under this section arises irrespective of any possibility of the referral of the applicant’s case to another local housing authority (see sections 198 to 200).
(3) The duty ceases when the authority’s decision is notified to the applicant, even if the applicant requests a review of the decision (see section 202). The authority may secure that accommodation is available for the applicant’s occupation pending a decision on a review.
What type of housing will the council provide?
The most common type of housing councils provide is social housing – a council or housing association flat. See blue lines in chart for other types of housing the council may provide.
Homeless and have a dog?
Ask the council to provide temporary accommodation that accepts dogs:
- Private rented housing from a landlord that allows pets
- Dog friendly hostel Central London
- North West London
- West London
- East London
- South West London
- South East London
What if the council decides you’re not in priority need or are intentionally homeless?
Get a housing solicitor and ask for a review of the decision. If the council don’t change their decision, appeal.
Other options for a flat are St Mungo’s Clearing House and sheltered housing.
If you know any other ones, leave a message in the comments section below.
Sheltered housing are council and housing association one bedroom and studio flats for people over 55, like a council estate but with a warden onsite and a communal hall.
The only requirement for sheltered housing is that you’re over 55.
To find your local sheltered housing, google the name of your council and “sheltered housing”
St Mungo’s Clearing House
Clearing House have housing association flats for people who are sleeping rough or have slept rough, initially on a 2 year probationary tenancy which is renewed.
It looks like they’re hard to let one bed or studio flats for rough sleepers provided by housing associations as part of the Rough Sleepers Initiative (RSI).
Clearing House don’t accept self-referrals. You have to be referred by one of their commissioned services. Ask a soup kitchen to refer you, if they’re not part of the Clearing House scheme, they can join by doing an induction session.
To apply for a Clearing House flat you need a CHAIN Number, a number homeless outreach workers such as St Mungo’s No Second Night Out and Thames Reach give you when they spot you sleeping rough. If you’re sleeping rough and don’t have a chain number, call StreetLink on 0300 500 0914 or if you have a smartphone you download the StreetLink app on free wifi. I’ve been told the StreetLink number is always on answerphone and that they don’t turn up when you call them.
I’ve been told by a couple of rough sleepers who asked St Mungo’s to be rehoused by Clearing House that St Mungo’s denied all knowledge of the existence of Clearing House and they only agree to rehouse easy cases – people who don’t have any issues.
If St Mungo’s or one of the homeless charities they take referrals from try to fob you off, show them the Clearing House website and stand your ground.
To apply for a Clearing House flat, the homeless project fills in an online form.
mungos.org/our-services/clearing-house gives details of available Clearing House flats. When we checked, two flats were available. One in Hackney with “significant ASB issues involving drug use and serious neighbour disputes”. The other in a “known drugs hot-spot in the heart of Dalston, both dealing and using prevalent as well as drinkers frequenting the area. Ideally suited to somebody working or robust. So not suitable for anybody in recovery or particularly vulnerable.”
Another flat says: “Small studio flat / bedsit with kitchen hob and cooking facilities in the room. Not enough room for a washing machine in the flat, so client would need to be able to afford and travel to-and-from the launderette to wash their own clothes. Small bathroom with shower cubicle. Block has occasional antisocial behaviour; people slamming doors and the occasional smell of cannabis in the communal hallways.”
We hear from somebody rehoused by Clearing House that his flat is a 2 trial year let, after which he can move to a permanent housing association flat. We don’t know whether it’s just this particular flat that is a 2 year trial tenancy, or all Clearing House flats are like this.
Feel free to share your thoughts and experiences in the comments section below
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/ Amersham / Anerley / Banstead / Barnehurst / Barnes / Barnes Bridge / Battersea Park / Beckenham Hill / Beckenham Junction / Bellingham / Belmont / Belvedere / Berrylands / Bethnal Green / Bexley / Bexleyheath / Bickley / Birkbeck / Blackfriars / Blackheath / Blackhorse Road / Bowes Park / Brentford / Brentwood / Brimsdown / Brockley / Bromley North / Bromley South / Brondesbury / Brondesbury Park / Broxbourne / Bruce Grove / Bushey / Bush Hill Park / Caledonian Road & Barnsbury / Cambridge Heath / Camden Road / Canada Water / Cannon Street / Canonbury / Carpenders Park / Carshalton / Carshalton Beeches / Castle Bar Park / Caterham / Catford / Catford Bridge / Chadwell Heath / Chafford Hundred / Chalfont & Latimer / Charlton / Cheam / Chelsfield / Cheshunt / Chessington North / Chessington South / Chingford / Chipstead / Chislehurst / Chiswick / Chorleywood / City Thameslink / Clapham High Street / Clapham Junction / Clapton / Clock House / Coulsdon South / Coulsdon Town / Crayford / Crews Hill / Cricklewood / Crofton Park / Crouch Hill / Crystal Palace / Dagenham Dock / Dalston Junction / Dalston Kingsland / Dartford / Denmark Hill / Deptford / Drayton Green / Drayton Park / Ealing Broadway / Earlsfield / East Croydon / East Dulwich / Eden Park / Edmonton Green / Elmers End / Elmstead Woods / Elstree & Borehamwood / Eltham / Emerson Park / Enfield Chase / Enfield Lock / Enfield Town / Epsom Downs / Erith / Essex Road / Ewell East / Ewell West / Falconwood / Feltham / Fenchurch Street / Finchley Road & Frognal / Forest Gate / Forest Hill / Fulwell / Gidea Park / Gipsy Hill / Goodmayes / Gordon Hill / Gospel Oak / Grange Park / Grays / Greenford / Greenwich / Grove Park / Gunnersbury / Hackbridge / Hackney Central / Hackney Downs / Hackney Wick / Hadley Wood / Haggerston / Hampstead Heath / Hampton / Hampton Court / Hampton Wick / Hanwell / Harlesden / Harold Wood / Harringay Green Lanes / Harrow & Wealdstone / Harrow-on-the-Hill / Hatch End / Haydons Road / Hayes / Hayes & Harlington / Headstone Lane / Heathrow Central / Herne Hill / Highams Park / Hither Green / Homerton / Honor Oak Park / Hornsey / Hounslow / Hoxton / Ilford / Imperial Wharf / Isleworth / Kenley / Kensal Green / Kensal Rise / Kent House / Kentish Town / Kentish Town West / Kenton / Kew Bridge / Kew Gardens / Kidbrooke / Kilburn High Road / King’s Cross / Kingston / Kingswood / Knockholt / Ladywell / Lea Bridge / Lee / Lewisham / Leyton Midland Road / Leytonstone High Road / Limehouse / London Fields / Loughborough Junction / Lower Sydenham / Malden Manor / Manor Park / Maryland / Maridian Water / Maze Hill / Mill Hill Broadway / Mitcham Eastfields / Mitcham Junction / Moorgate / Morden South / Mortlake / Motspur Park / Mottingham / New Barnet / New Beckenham / New Cross / New Cross Gate / New Eltham / New Malden / New Southgate / Norbiton / Norbury / North Dulwich / Northolt Park / North Sheen / Northumberland Park / North Wembley / Norwood Junction / Nunhead / Oakleigh Park / Ockendon / Orpington / Palmers Green / Peckham Rye / Penge East / Penge West / Petts Wood / Plumstead / Ponders End / Purfleet / Purley / Purley Oaks / Putney / Queens Road Peckham / Queenstown Road Battersea / Rainham / Ravensbourne / Raynes Park / Rectory Road / Reedham / Richmond / Rickmansworth / Riddlesdown / Romford / Rotherhithe / St Helier / St James Street / St Johns / St Margarets / St Mary Cray / St Pancras / Sanderstead / Selhurst / Seven Kings / Shadwell / Shenfield / Shepherd’s Bush / Shoreditch High Street / Shortlands / Sidcup / Silver Street / Slade Green / South Acton / Southall / South Bermondsey / Southbury / South Croydon / South Greenford / South Hampstead / South Kenton / South Merton / South Ruislip / South Tottenham / Stamford Hill / Stoke Newington / Stonebridge Park / Stoneleigh / Stratford / Stratford International / Strawberry Hill / Streatham / Streatham Common / Streatham Hill / Sudbury & Harrow Road / Sudbury Hill Harrow / Sundridge Park / Surbiton / Surrey Quays / Sutton / Sutton Common / Swanley / Sydenham / Sydenham Hill / Syon Lane / Tadworth / Tattenham Corner / Teddington / Thames Ditton / Theobalds Grove / Thornton Heath / Tolworth / Tooting / Tottenham Hale / Tulse Hill / Turkey Street / Twickenham / Upminster / Upper Holloway / Upper Warlingham / Vauxhall / Victoria Waddon / Wallington / Waltham Cross / Walthamstow Central / Walthamstow Queen’s Road / Wandsworth Common / Wandsworth Road / Wandsworth Town / Wanstead Park / Wapping / Waterloo / Waterloo East / Watford High Street / Watford Junction / Welling / Wembley Stadium / West Brompton / Westcombe Park / West Croydon / West Drayton / West Dulwich / West Ealing / West Ham / West Hampstead Thameslink / West Norwood / West Ruislip / West Sutton / West Wickham / Whitechapel / White Hart Lane / Whitton / Whyteleafe / Whyteleafe South / Wimbledon Chase / Winchmore Hill / Woodgrange Park / Woodmansterne / Wood Street / Woolwich Arsenal / Woolwich Dockyard / Worcester Park