If you have any questions

Tel: 01843 577277

email: housing@
thanet.gov.uk

Homelessness decisions and your rights

Making a homeless application

All councils have a legal duty to consider any application from someone who states that they are homeless, or likely to be homeless within 28 days. 

You can apply either yourself or someone else can act on your behalf.  We will ask you to complete a housing application form, which allows you to confirm your personal details. 

There are several things that we have to consider before we can decide how best to help you. These include:

• Whether your homelessness can be prevented.
• If you are eligible
• Your personal circumstances, including family size, age and health
• Why you are homeless
• Your connection with this area
• If you are able to obtain private housing.

If we believe that you may be homeless and in priority need, we have a duty to provide you with temporary accommodation until we have made a decision.

Homeless Decision

Once we have all the information we need to make a decision, we will tell you in writing.  However, if we think that we won’t be able to help you as you would like, you will have the chance to put your case before we send the decision letter.

We will try to write to you with a decision as quickly as possible.

There are many different reasons we are unable to accept many people for emergency housing.  For example we may find that you:

• Are not homeless
• Are not in priority need for rehousing
• Are not eligible and
• Have no local connection with this area.

If we make a decision like this you can appeal

Intentionally homeless?

We do not have a duty to provide permanent housing if you cease to occupy or are forced to leave accommodation as a consequence of a deliberate act or omission by yourself where the accommodation would otherwise have been available to you.

For example, if you have become homeless because you did not pay your rent or mortgage and you could afford to do so.  This means that you have done something deliberately that causes you to be homeless and therefore you could be considered intentionally homeless. 

If you are found to be intentionally homeless, we will not accept a duty to house you permanently even if you have children. 

We can only offer help for a short while and offer advice on how you can find your own accommodation.

The rent deposit scheme may be available to you. Please see the Rent Deposit leaflet.

Reviewing a homeless decision

If you wish to appeal against any decision we make regarding your homeless application, you have the legal right to request a review of your case.  If you want to do this, you must contact us within 21 days of the date of the decision letter.

We review cases in two stages:

Stage One – A senior officer of the council who has not been involved in making the original decision will review your case.  You should let him or her know why you are appealing against the decision.  At the end of this leaflet there is a list of independent agencies that can help you with this.

If you are unhappy with our review once the review procedure is completed, you can apply to the County Court on a point of law.  However, to do so you must write to the court within 21 days of you receiving a written decision from us.  You can also apply directly to the court if we take more than 56 days to review your case.

Other useful numbers:

• Citizens Advice Bureau - 01843 225973
• Breakthrough - 01843 230222
• Connections Kent and Medway -01843 232273