Homelessness Advice and
Assistance: The Law

The Housing Act 1996 Part VII (amended by the Homelessness Act 2002) sets out the legal duties that the Council has to people who are homeless or threatened with homelessness. The Council does not have to provide housing to all homeless people but has to if someone is:
Eligible to receive assistance

Homeless or threatened with homelessness within the next 28 days

In priority need; and

Not intentionally homeless; and

Have a local connection with Redcar & Cleveland

Eligible to receive assistance

You will be automatically eligible for assistance if you are:

  • A British Citizen who has never lived abroad, or
  • A citizen of a foreign country who has unrestricted permission to live in the UK for an unlimited period of time
  • A recognised refugee or other class of person specified as eligible by the Secretary of State
If you are concerned that you may not be eligible for assistance, we can discuss this further with you.

Homeless or threatened with homelessness

You could be considered Homeless if, for example:

  • You have no accommodation anywhere in the UK or elsewhere
    This includes circumstances where:
a. You have somewhere to live, but are unable to get into the property
b. You have somewhere to live, but there is a threat of Violence a. You have been issued with a Legal Notice from your landlord requiring you to leave your home
b. You have been served a Court Summons due to mortgage arrears

Priority Need

You (or a member of your household) are in priority need if:

  • You are pregnant
  • You have dependant children living with you
  • You are vulnerable due to old age, mental illness, physical disability or other special reason
  • You are 16 or 17 years old
  • You are a care leaver aged between 18 and 21
You are vulnerable as a result of having spent a long period in an institution, ie
  • Armed Forces, Hospital, Prison, Local Authority Care
You are a person who is homeless due to an emergency such as a fire, flood or other disaster

Not Intentionally Homeless

You may be considered as being intentionally homeless if:

  • You have deliberately given up a home you could have continued to live in, or
  • You have been evicted for antisocial behaviour or rent arrears
  • You had a home which was available for you to live in but deliberately did something or failed to do something which you knew would result in you losing your home
  • You have entered into an arrangement where you have no security or where you are required to leave your home with the intention of as making a Homeless Application
The Council will only have limited duties to you and your household if you are found to be intentionally homeless.

Local Connection

You are considered to have a local connection if:

  • You have lived within the Borough of Redcar & Cleveland for 6 out of the last 12 months (or at least 3 years out of the last 5) or
  • You have permanent employment within the Borough of Redcar & Cleveland or
  • You have a close relative (mother, father, brother, sister, son or daughter) who has lived in the Borough for the last 5 years
  • You have been serving in HM Forces and on discharge would like to return to the area in which you consider to have a local connection
If you do not have a local connection within this Borough, but do have a local connection in another area we will ask the Council for that area to help, provided that it is safe for you to return to that area.

Please note that you will still receive advice and assistance in finding accommodation even if you do not meet all five criteria. However, the Council's obligations to you and your household will be limited where you are intentionally homeless.

Your Right to Review

If you disagree with the outcome of your homeless application, you have the right to request a review of the decision made. The request must be made in writing within 28 days of receiving a decision on your application.
An additional leaflet is available explaining this procedure:

PDF icon Homelessness_Appeals_Procedure_leaflet.pdf (170KB)

Appeals can be made in writing we have prepared an appeals form to help you:

RTF icon Appeals_form.rtf (74KB)

Alternatively telephone (01287) 612444 to request copies of the leaflet and form.

The information on this page is also available as a leaflet.

PDF icon Homeless_Application_leaflet.pdf (302KB)

Alternatively contact (01287) 612444 or (01642) 774774 to request a copy.

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