Cheshire East Council has certain responsibilities towards people who are homeless or threatened with homelessness.  Cheshire Peaks & Plains Housing Trust has agreed to assist the Council to perform its homelessness duties.  

The Trust must consider five criteria to determine whether Cheshire East Council owe a homeless housing duty to an applicant:

 

Eligibility

Homelessness

Priority Need

Intentional Homelessness

Local Connection

 

The process of considering these criteria is called a homeless investigation and it is our duty to complete this investigation within 28 working days.  At the end of this investigation the applicant will receive a written homeless decision.

 

Am I Eligible?

 

You are eligible for housing assistance if you have lived continuously in the UK, Republic of Ireland, Channel Islands or the Isle of Man for at least the last 5 years or are habitually resident.  You must also be one of the following:

·         A British citizen

·         A citizen of a country from the European Economic Area

·         Accredited with immigration status giving you the right to reside in the UK

 

You are also eligible for housing assistance if you live outside the UK, and:

·         Are a national of a country from the European Economic Area and have “Worker” status; or the “Right to Reside” in the UK

·         Are eligible to claim a state benefit (also known as “Public Funds”)

 

If you do not meet these criteria advice and assistance will be given about the help available from other agencies.

 

Am I Homeless?

 

Generally, homeless people are those who have nowhere to stay or will have nowhere to stay within the next 28 days. People also considered homeless might:

·         Have no accommodation in this country or anywhere in the world to occupy

·         Have the right to live in a property but cannot gain access

·         Live in movable accommodation, like a boat or a caravan, but with nowhere permanent to moor or park

·         Have accommodation but due to some exceptional circumstances it would unreasonable to continue to occupy this

·         Live separately from someone with whom they would normally reside, because there is nowhere they can live together

·         Have a home, but fear violence from someone.

·         Further evidence of applicant’s specific circumstances or a visit to current accommodation may be required

 

Am I in Priority Need?

 

You or someone who normally lives with you may be in priority need due to:

·         Physical disability

·         Mental disability

·         Age

·         Fear of violence or abuse

·         Experience of a disaster, such as flood or fire

·         Pregnancy

·         Dependent children, under 16 (or up to 19 years old and still in full time education)

 

It is the duty of the Trust, working on behalf of Cheshire East, to prove that the legal definition of a priority group is met.  Proof of pregnancy, residency of children, or medical confirmation of a condition may be requested at interview.

The need for temporary accommodation may be considered at this point in the investigations. If temporary accommodation is required, it may be necessary to consider options outside Cheshire East if suitable accommodation is not available locally.

 

What is Intentional Homelessness?

The Housing Act states that those who have deliberately done or failed to do something that has caused the loss of accommodation may not be owed a homeless housing duty.  Examples of intentional homelessness include:

·         Selling a home where there was no risk of loss already

·         Failure or refusal to make mortgage or rental payments, when it would have been affordable to do so

·         Voluntarily leaving accommodation

·         Eviction due to violent or threatening behaviour

·         Eviction due to anti-social behaviour, nuisance or harassment towards neighbours

·         Leaving a job with tied accommodation if it would have been reasonable to continue in the employment

 

The Trust investigates the circumstances of each case fully and applicants will be expected to cooperate in these enquiries and to provide any relevant supporting evidence.

 

Must I have a local connection to Cheshire East?

 

A full housing duty will only be offered to:

·         Residents of Cheshire East for 6 of the last 12 months

·         Residents of Cheshire East for 3 of the last 5 years

·         Those with permanent employment in Cheshire East

·         Those with close relatives living in Cheshire East (who have been resident for the last 5 years)

Re-housing in Cheshire East without a local connection would only be considered where it might be considered unsafe for someone to reside in an area where they have a connection, or for other special circumstances.

 

What if I don’t have a Local Connection or if don’t want to live in Cheshire East?

 

If you do not meet any of the local connection criteria or you wish to move an area outside Cheshire East, we can help by referring your application to other areas.

 

What is a Homeless Decision?

 

You will receive a letter outlining how our advisors have investigated your homelessness and if they agree that you meet all of the five criteria. If you meet the criteria then your letter will confirm your offer of a homeless housing duty.  If you do not meet all of the criteria you will receive a letter explaining why and how we made this decision.

 

What is a Homeless Housing Duty?

 

The Trust will ensure that accommodation is continuously available for successful applicants until permanent accommodation is found.

 

This duty ends when:

·         Applicants cease to be eligible for assistance

·         A privately rented property is offered

·         A Trust property is offered

·         A Housing Association property is offered

·         Temporary accommodation is lost through an applicant’s own actions

·         A suitable offer of accommodation is refused

 

What if I don’t agree with the Homeless Decision?

 

The Trust’s decisions and offers of accommodation are made in accordance with the Housing Act 1996 (as amended).

 

If you feel that any homeless decision or offer of property is incorrect you can appeal/review. Full details of how to appeal will be given when you receive decisions or offers but the first step to a review is to contact: Housing Strategy Manager, Planning and Development – Housing, Town Hall, Macclesfield, Cheshire, SK10 1DR within 21 days of receiving your homeless decision letter.

 

If you are homeless or think you might be homeless soon contact The Housing Options Team on 0300 123 5031, email housing1@cheshireeast.gov.uk.

http://www.cheshireeast.gov.uk/housing/homelessness.aspx