Housing and homelessness
In this guide:
Housing
The options:
- Buying a property
- Renting a privately owned property
- Local authority property
- Housing Association Property
- Staying with friends
Buying a property
For anyone with an earned income it is well worth looking into a mortgage at the earliest opportunity as economically it compares favourably to renting. However, it may not be possible for an under 18 to purchase a property.
It may be possible to buy a home run through a special scheme operated by the housing association.
Renting a privately owned property
Theoretically an individual can not rent a property (be a tenant) until they are 18 years old.
In reality, most landlords will be happy to take rent money from someone who will pay on time, not cause any trouble and keep the property in good condition.
Requirements
Normally, the young person will need:
- one month’s rent; and
- a deposit (it may be possible to obtain help in paying the deposit from the local borough council).
Considerations
The young person needs to ensure that they have enough money to pay the rent on a weekly or monthly basis and that they have enough money to pay the bills.
If the person does not have enough money, they may be entitled to Housing Benefit (see the Housing Benefit section).
Agreements between landlord and tenant
The most common form of agreement between a landlord and tenant is known as an Assured Shorthold Tenancy.
Key aspects of an Assured Shorthold Tenancy
- A written agreement
- Made between the young person and the landlord
- Signed by the young person and the landlord
- Contains the rights the landlord has over the property
- Contains the rights the young person has over the property
- Normally it runs for a fixed amount of time (either six months or 12 months)
- When the fixed six- or 12-month period has ended, so does the Assured Shorthold Tenancy UNLESS the young person decides to renew for another fixed amount of time OR if not, it will roll over and may continue to run weekly or monthly.
Ending an Assured Shorthold Tenancy
By the young person
When the six- or 12-month period has ended, the young person does not have to enter into another agreement.
By the landlord
If the Assured Shorthold Tenancy has continued beyond the six- or 12- month fixed period, the landlord can write to the young person saying that (s)he’d like to end the agreement (this is called Notice). (S)he also has to apply to a court asking for the property back.
The landlord does not have to give any reasons as to why the property should be given back.
The court has to give the property back to the landlord if the landlord has filled in the forms properly and has waited the right amount of time at each stage.
Young person’s rights: the reality
Although the young person does have rights, realistically it will be difficult for them to be enforced.
Why?
It is very simple for a landlord to go through the court process and get the property back.
Things a young person should watch out for
Landlords will probably be very friendly and accommodating to begin with but if things go wrong or there is a dispute, this will change. Therefore, it is important that the young person receives the following pieces of advice:
- Be cautious about landlords who prefer to make informal agreements and do not have a formal tenancy agreement.
- Make sure receipts are ALWAYS given for any payments made - rent, deposit etc.
- Make sure the landlord accepts the duty (which should be contained in the Assured Shorthold Tenancy) to carry out repairs to the property.
Local authority property
Unless an individual is in great need, it is extremely difficult to obtain local authority property.
The young person needs to put their name on the register.
If successful, the young person will enter into a tenancy agreement known as a Secure Council Tenancy. This type of tenancy means that it is difficult for a young person to be evicted if they fall behind on payments.
It is possible for a young person to inherit their parents’ tenancy if the parents die when the young person is still living at home.
Housing association property
Unless an individual is in great need, it is extremely difficult to obtain housing association property.
The young person needs to put their name on the register.
It is better than a normal private tenancy. However, if two monthly payments are missed the young person could be evicted.
Staying with friends
If a young person decides to stay with friends or relatives or even remain in the family home after the age of 18, then they must be aware that Housing Benefit rules might require them to pay rent and they may be required to pay council tax.
Failure to look into this may result in problems.
Homelessness
For whatever reason, a young person may find that they do not have anywhere to live.
The young person’s age may affect what happens and the help available.
Under 16s
The best thing to do is contact the local social services. They will look into why the young person can’t go home or why the young person doesn’t have anywhere to live. They will be able to provide help and take steps to find accommodation.
Contacting social services
Contact details can be found in the following places:
- Yellow pages
- Police station
- Internet
- Directory enquiries
16 and 17 year olds
There are two options:
Social services - run by the local authority eg Essex County Council
Housing Authority – run by the local council eg Colchester Borough Council
The criteria for homelessness:
The person must:
- be homeless;
- be eligible for assistance;
- be in priority need;
- have a local connection; and
- not be intentionally homeless.
Homeless
The young person must be without anywhere to live.
This includes individuals who expect to be made homeless in the next 28 days.
If an individual is being made homeless from their parents’ or guardians’ home the homelessness officer will expect to see something in writing from the head of the household saying why the young person has had to leave.
Eligible for assistance
The individual must meet nationality and residence criteria.
Priority need
This includes:
- Pregnant people
- People who have children
- People who are under 18 and have fled home in fear of violence
- Individuals who are vulnerable because of their age, health or other special reason
Local connection
The young person needs to live or work in the local borough.
If there is no local connection the individual may be transferred to another area where it is considered the young person has a local connection.
Intentional homelessness
It is considered that it is the young person’s fault that they do not have anywhere to live. The young person will be given a further 28 days in the accommodation and will then be evicted. If an individual is intentionally homeless, accommodation will not be found for them.
This means that social services and the Housing Authority can’t/won’t and don’t have to find the young person somewhere to live because in their opinion it is the young person’s fault that they do not have anywhere to live.
If this happens, the young person should speak to a housing specialist as soon as they can such as *** because they may be able to appeal against the decision.
It’s also worth contacting social services again as they may have a responsibility to help the young person find accommodation and may be able to give the young person support so that they can look after themselves.
If accommodation has already been allocated before a finding of intentional homelessness is made, a young person will be given a further 28 days in the accommodation and will then be evicted.
Social services or the Housing Authority
Social services
Social services has a responsibility to find a young person somewhere safe to live if they are or have ever been “looked after” by them in the past.
Social services may also have a responsibility to find the young person somewhere safe to live if they decide that the young person should now become a “looked after” child.
Housing Authority
The young person must:
- be 16 or 17 years old; and
- have finished full-time education.
What will the Housing Authority do?
Find the young person somewhere to live in the short term or long term.
Because of the young person’s age they are classed as being in priority need. Housing will find somewhere temporary for the young person to live whilst they consider the young person’s personal circumstances and whether social services should be helping them.
What happens if social services and the Housing Authority have both refused to help?
This should NOT happen. If the young person has contacted both departments and still has nowhere to go or it is not safe for the person to return home, the Housing Authority should find them somewhere to stay while the two departments decide who is going to take responsibility for the young person.
17 and 18 year olds
Social services can help care leavers who are still in full-time education. The department may even help towards the cost.
The Housing Authority can help if the young person puts their name on the register. The department will assess whether the person is eligible for urgent or immediate help or whether they will be placed on the housing waiting list.
For more information, contact Glenn Craig on 01206 578282
Useful organisations
Shelter
88 Old Street
London EC1V 9HU
Tel: 020 7505 2000
Freephone helpline: 0808 800 4444
Fax: 020 7505 2169
E-mail: info@shelter.org.uk
Website: www.shelter.org.uk
Who Cares Trust
Kemp House
152-160 City Road
London EC1V 2NP
Tel: 020 7251 3117 (admin)
E-mail: mailbox@thewhocarestrust.org.uk
Website: www.thewhocarestrust.org.uk
Citizens Advice Bureau
Look in the yellow pages, visit your local library or visit www.adviceguide.org.uk for details of your nearest office.