Housing: options, issues, problems and homelessness

When getting your own place is your choice

Moving out and getting the keys to your own home is an exciting moment in any person’s life. But at times it can be daunting and overwhelming: new responsibilities, lots of unfamiliar words, people and companies wanting money from you…Don’t worry though, you’re not alone. This guide will take you step-by-step through the process.

First things first…

There are two main options:

  • Buying your own place
  • Living in a property owned by someone else and pay the owner (“renting”)

Types of property

  • Privately owned; or
  • Local authority housing.

Renting a privately owned property

Officially, you should be 18 to rent a property. In reality, most private landlords will be happy to take your rent if you:

  • pay your rent on time
  • don’t cause any bother
  • keep the place clean

The essentials

Before you move in, you’ll need:

  • the first month’s rent
  • a deposit (some boroughs will help you out with your deposit – it’s worth checking with your local * to see if they will.)

Considerations

  • Do you have enough money to pay future rent?
  • Do you have enough money to pay the bills (gas, electricity, water, Council Tax, TV licence, phone/internet connection)?
  • Housing Benefit may be available for you. See * for more information.

!!!WATCH OUT!!!
Make sure you are given receipts for any money you pay to a landlord. They may be all smiles when you hand over your cash but if there’s any future argument between you they will chance into a different person. At least if you have a receipt you can both be sure of what’s been paid.

The official bits and pieces

Here’s a term which rolls off the tongue easily: Assured Shorthold Tenancy

You’re probably wondering what it is and what it means. Let’s take a look…

  • A written legal agreement.
  • Made between you and the landlord
  • Signed by you and the landlord
  • It contains the rights the landlord has over the property
  • It contains the rights you have 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 AST UNLESS you decide to renew for another fixed amount of time OR if not, it will roll over and may continue to run weekly or monthly

!!!WATCH OUT!!!
If a landlord wants to enter an informal agreement with you (which probably won’t be in writing) or doesn’t want to enter a tenancy agreement with you then you may be setting yourself up for difficulties in the future. A landlord may be smiling when you hand over your money but if you have any problems with the landlord or the property and you don’t have a formal agreement then you won’t have a leg to stand on.

Getting out of the property – your decision

When the six- or 12-month period has ended, don’t enter into another agreement.

Getting out of the property – the landlord’s decision

If the Assured Shorthold Tenancy has continued beyond the six- or 12-month fixed period, your landlord can write to you 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 waited the right amount of time at each stage.

Your rights: the reality

Although you do have rights, realistically it will be difficult for you to enforce them.

Why?

It’s very simple for a landlord to go through the court process and get the property back.

Don’t worry too much though as it’s in the landlord’s interests to have the property filled – think ££££££!

Problems

If you have any problems with the property or the landlord isn’t sticking to his side of the bargain it’s either time to get out or time to complain.

Make sure you keep all records of complaints – they may come in handy if your landlord doesn’t sort the problems out for you.

Environmental Health Services or the Local Authority may be able to get involved if you have problems with your landlord or tenancy.

Buying a property

If you have a salary it is well worth looking into a mortgage at the earliest opportunity as it the long run it will probably work out cheaper than renting.

It may be possible to buy a home run through a special scheme operated by the housing association.

Local authority property

Unless you’re in great need, it is extremely difficult to get local authority property.

You’ll need to put your name on the local authority’s housing register.

If you are lucky enough to be given local authority housing, you’ll get what is known as a Secure Council Tenancy. It’s difficult to be evicted if you fall behind on your payments.

Housing Association property

Unless you’re in great need, it is extremely difficult to obtain housing association property. You’ll need to put your name on the register. It’s better than a normal private tenancy but if you miss two monthly payments you could be evicted.

Staying with friends

If you decide to stay with friends or relatives or even remain in the family home after the age of 18, then the Housing Benefit rules might require you to pay rent and you may also have to pay council tax. You need to look into this.

No place like home

For whatever reason, you may find that you don’t have anywhere to live. Although this is probably a frightening time, help is available for you. Your age may affect what happens.

What is homelessness?

There are certain rules about what makes you homeless:
You must:

  • be homeless;
  • be eligible for help;
  • be what is described as in priority need;
  • have a local connection; and
  • not be intentionally homeless.

Be Homeless

You must not have anywhere to live.

This applies to you if you expect to be made homeless in the next 28 days.

If you’re about to be or have been made homeless from your parents’ or guardians’ home the homelessness officer will expect to see something in writing from the head of the household saying why you have had to leave.

Eligible for assistance

You must meet nationality and residence criteria.

Priority need

You are in priority need if you are:

  • Pregnant
  • have children
  • are under 18 and have left home in fear of violence
  • vulnerable because of your age, health or other special reason

Local connection

You must live or work in the local borough.
If there is no local connection you may be transferred to another area where it is considered that you have a local connection.

Intentional homelessness

This means that social services and the Housing Authority can’t/won’t and don’t have to find you somewhere to live because in their opinion it is your fault that you don’t have anywhere to live.

If this happens, you should speak to a housing specialist as soon as you can such as *** because they may be able to appeal against the decision.

Help! I’m under 16 and don’t have anywhere to live. What can I do?

The best thing to do is contact your local social services department. They will look into why you can’t go home or why you don’t have anywhere to live. They will be able to help you and take steps to find accommodation for you.

I don’t know how to get in touch with social services. What should I do?

The following places should provide contact details for your local social services:

  • Yellow pages
  • Police station
  • Internet
  • Directory enquiries

Help! I’m 16/17 and don’t have anywhere to live. What can I do?

There are two options.

  • Social services
  • Housing Authority

How do I know which one to contact?

Social services

Social services has a responsibility to find you somewhere safe to live if you are or have ever been “looked after” by them in the past.

Social services may also have a responsibility to find you somewhere safe to live if they decide that you should now become a “looked after” child.

Housing Authority

To receive help from the Housing Authority you must:

  • be 16 or 17; and
  • have finished your full-time education.

What will the Housing Authority do?

The Housing Authority will find you somewhere to live in the short-term or long-term.

Why should the Housing Authority bother to help me?

Because of your age you are classed as being in priority need.

They’ll find you somewhere temporary to live whilst they consider your personal circumstances and whether social services should be helping you.

I’ve contacted Social Services and the Housing Authority and both have refused to help me. What should I do?

This should NOT happen. If you have contacted both and you still have nowhere to go or it’s not safe for you to return home, the Housing Authority should find you somewhere to stay while the two departments decide who is going to take responsibility for you.

I’m 17/18 and have nowhere to live who can help me?

Social services – if you’re a care leaver and still in full-time education. The department may even help towards the cost.

Housing Authority – register and they will assess whether you are eligible for urgent or immediate help or whether you will be placed on the housing waiting list.

Apparently I’m intentionally homeless. What does this mean?

You’ve probably been told this after an assessment by the Housing Authority. It means that they can’t/won’t and don’t have to find you somewhere to live because in their opinion it’s your fault that you have nowhere to live.

If this happens, speak to a housing specialist as soon as you can such as *** because you may be able to appeal against the decision.

It’s also worth contacting social services again as they may have a responsibility to help you find accommodation and may be able to give you support so that you can look after yourself.

For more information, contact Glenn Craig on 01206 578282

Definitions

Landlord

A person who charges you money to let you live in their property.

Tenant

A person who pays money to a landlord to live in the landlord’s property.
Letting agency: an organisation which the landlord appoints to act on the landlord’s behalf.

Rent

Money paid to a landlord so that a person can live in the landlord’s property.

Tenancy agreement

A legal agreement between a landlord and tenant about the rules and rights of living in the property.

Deposit

Money paid to a landlord before renting a house to make sure that the house will be kept for you. It may also be used to cover any damage you may cause to the property.

Notice

Advance warning.

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.