The Homelessness Reduction Act 2017 came in to force in England on the 3rd April 2018. This placed a new duty on councils to give very specific advice and information if you are homeless or at risk of being homeless and are experiencing domestic abuse or mental health issues, leaving hospital or leaving care, if you’ve recently left prison or youth detention, or if you have been in the armed forces.
The aim of this page is to set out how the new law works in practice. It is part of our information on housing.
Why is this important?
The Homelessness Reduction Act is one of the biggest changes to the rights of homeless people in England for 15 years and effectively adds two new duties to the original statutory housing duty:
Duty to prevent homelessness
Duty to relieve homelessness
Statistics show that nearly 2 out of every 5 people in prison will need help in finding a place to live when leaving prison and 3 in 5 say that having a place to live was important in stopping them from re-offending in the future.
The Homelessness Reduction Act will ensure that local authorities must take “all reasonable steps” to prevent homelessness on the proviso that applicants who are either homeless or threatened with the loss of their home “co-operate” with their local council.
What can you expect?
Every person asking a local council for help with housing will be offered a meeting with a housing officer. The council will decide if you’re eligible for help (for example if you’re a British national or have a permanent right to reside in the UK) and, if you are eligible, the council must offer help if you’re:
At risk of losing your home, referred to a a prevention duty
Already homeless, referred to as a relief duty.
The council have a duty to help you regardless of whether you have a priority need (for example if you have disabilities or dependent children) or if they think you have made yourself intentionally homeless.
If you are homeless, the council may have to provide you with temporary housing. Both the prevention duty and relief duty last for up to 56 days and during this time, the council will work with you to prevent or resolve your homelessness.
Key points of the new law
Some of the key elements of the new law are:
That an individual is classed as ‘threatened with homelessness’ if it is likely that they will become homeless within the next 56 days (this was previously 28 days under the Housing Act 1996).
Local councils have to give everyone who is homeless, or at risk of being homeless, advice and information about homelessness, free of charge.
The council must carry out an assessment in all cases where an eligible applicant is homeless or threatened with homelessness. This is regardless of whether there is any priority need or possible intentional homelessness.
Certain public authorities (see below) will have a duty to refer individuals (with the individuals consent) who are homeless or at risk of becoming homeless to the relevant local authority. These public authorities include:
Prisons
Young offender institutions
Secure training centres
Secure colleges
Youth offending teams
Probation providers (CRC’s and NPS)
Referral from prison/probation and local connection for prison leavers
Every prison, probation provider etc will have the discretion to tailor their referral process to best suit their own situation and resources. For prisons, this is likely to mean putting a system in place to identify that an individual is homeless or at risk of becoming homeless well in advance of their release date. It’s more than likely that assessments will be carried out by a visiting partner agency.
In determining which local authority you will come under, you’ll still need to establish that you have a local connection such as previous residence, employment or family associates within a certain district. Being in prison (whether you’ve been convicted or held on remand) does not establish residency within the area the prison is situated and, as such, does not create a local connection.
Where you meet the criteria for relief duty (you are already homeless) and there is a local connection, the prison will direct you to their local authority. However, where you meet the criteria for relief duty but do not have a local connection to the prison, you will be referred to the local authority where you do have a local connection.
The housing assessment
Once a referral has been made to a local authority, they must carry out an assessment on applicants who are homeless or threatened with homelessness. This is regardless of whether there is any priority need or possible intentional homelessness (for example in the case of people who are being released from prison).
The assessment must include details of:
The circumstances that caused you to become homeless or threatened with homelessness
Your housing needs including, what accommodation would be suitable for you and anybody you reside with or might reasonably be expected to reside; and
What support would be necessary for you and any other relevant person to have, to be able to retain suitable accommodation.
A written copy of the assessment will be given to you and the council will then ‘try’ to agree:
Any steps you are required to take for the purposes of securing and retaining suitable accommodation. For example, you might have to agree to get debt advice if you have rent arrears; and
Any steps the local authority have to take.
When an agreement is reached this will be recorded in writing. If no agreement is reached, the council must set out:
Why they could not agree
Any steps the council consider it would be reasonable to require the applicant to take
The steps the council are to take.
Your case will be kept under continuous review until the local authority determines that they no longer owe a duty. However, you can ask that the decision to end their duty is reviewed.
Your housing plan
It’s important that you follow your housing plan. If you don’t you might not get any further help from the council.
If you can no longer follow your plan or you need the council to change it, you should tell them what you want changed and why. For example your plan may say that you have to widen your property search area but you can’t because you need to live close to family to get help with childcare.
Your housing plan will set out the steps the council will take to either find you somewhere to live or help you keep your home.
If you’re homeless this could include:
Helping you to get emergency housing such as a hostel
Giving you details of landlords who are willing to accept people on benefits
Checking if you can get help with rent costs – for example helping you claim benefits or paying off some of your rent arrears
Giving you help to find a private rented home – for example by giving you a deposit or rent in advance.
If you’re going to be homeless this could include:
Contacting your landlord to see if an agreement can be reached so you can stay in your home
Checking what benefits you’re entitled to so you know how much rent you can afford
Giving you help to get a private rented home – for example giving you a deposit or rent in advance.
Deliberately and unreasonably refusing to cooperate
Your personalised housing plan will place certain obligations on you, as well as on the local authority.
If the local authority believes that you have ‘deliberately and unreasonably refused’ to cooperate with the plan they will provide you with a ‘relevant warning’ notice setting out the reasons for the failure and warning of their intention to serve a notice if the steps highlighted aren’t taken. If, after a ‘reasonable period’ the local authority considers that you have still unreasonably refused to take the specified action, they may serve you with a notice to end the duty they have.
In determining whether someone has deliberately and unreasonably refused to cooperate, decision makers must have regard to your needs and circumstances.
Challenging a homeless application decision
If you disagree with a council’s decision about your homeless application, you can challenge it by asking for a review. You must normally ask for a review within 21 days of getting your decision.
Asking for a review
It’s best to write to your local authority asking them to review their decision. Make sure you keep a copy of your letter for evidence. You’ll need to explain why you think the council’s decision is wrong and provide them with any evidence you have to support your request.
Before you get your review decision
After requesting a review, the council may ask you to meet with a housing officer for more information. Make sure you go to the meeting; it’s your chance to make sure the council fully understands your situation and why you disagree with their decision. It’s worth taking a copy of your evidence with you, so that you can refer back to it. You can take someone with you to take notes or just for support.
Getting your review decision
The council should write to you with their decision within 8 weeks. They should write within 3 weeks if you’re challenging a decision about your housing plan.
If you disagree with the council’s review decision you can also appeal to the county court. You must do this within 21 days of getting the decision.
Complaining about the council
If you remain unhappy with the council’s decision after challenging it, you can complain. Check the council’s website for details on how to make a written complaint.
Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.
Crisis – Offer help to anybody who is homeless or been homeless in the previous 2 years
Shelter – Run a national helpline and provide online advice for people facing a housing crisis
Centrepoint – The UK’s leading charity for homeless young people
More information
For practical information – We have more information on housing
To discuss this issue with others – Read and share your experiences on our online forum
There are quite a lot of services in prison and outside which help people to find somewhere to live
Housing problems are not always easy to sort out – allow lots of time, and keep going back till you get something sorted out
It’s better not to go to lots of different organisations for help at the same time
If you think that someone has ignored an important fact about your situation, tell them, or ask how to appeal against their decision
Introduction
It is well understood that housing problems cause huge difficulties for people who have convictions, and that a lack of housing gets in the way of people being able to move forward with their lives and leave their offending behind them. Sadly, this does not mean that it is made easy for people with convictions to find somewhere to live, though in some areas there have been big efforts put in to improve matters.
There are some very good arrangements made in a few prisons to help people, such as a monthly session which all local housing providers come to, and befriending and through the gate services which meet people before release from prison and help them to find a place to live, and take them there on release. There are also organisations outside prisons helping with finding and keeping housing.
Getting help in prison
Housing advice services
There should be a housing advice service in every prison. These are run by organisations such as Shelter, Nacro, St Giles Trust, Foundation, St Mungo’s, or Depaul UK.
They are likely to be in the prison every week, but not every day. In most cases, you need to book an appointment with them. They may ask if you want an appointment if you have said at induction that you will probably have nowhere to live on release. Otherwise, it is up to you to request an appointment. It is worth doing this at least 6 weeks before you are due to leave.
A few housing advice services have prisoners working with them. They have been trained to help other prisoners, and usually do things like helping them to write letters or to fill in forms. They can be a good source of information for other prisoners who need help with housing.
Citizens Advice staff often work in prisons and can advise prisoners about their housing rights, how to end a tenancy, or how to find somewhere to live, though they are usually benefits experts rather than housing experts.
Resettlement officers
Often, resettlement officers build up quite a lot of knowledge about housing on release.
Drugs workers
People in the drug teams (DART or Integrated Drug Treatment Service teams) may have links to local housing services, and it is often part of their role to help people leaving prison to sort out their housing problems.
Other agencies
Other groups may help with housing as well as other issues, such as church groups and voluntary organisations. Look out for their leaflets in prison, or ask your Offender Supervisor or Manager if these groups help with sorting out housing problems.
Mentors, befrienders, and through-the-gate schemes
These are all schemes aimed to help prisoners to cope when they leave prison. The scheme may help with finding housing and plan to give the person support for a while after they leave prison. It’s possible that a mentor or befriender may be someone who has been an offender themselves, and now wants to help other offenders with practical help and advice. Through-the-Gate schemes do help with housing, and will arrange to meet prisoners at the gate when they leave, and will take them to their accommodation, or to get help with finding somewhere to go if they have not yet got anywhere to live.
Getting help in the community
Probation services
Probation teams may bring in housing advice services to their offices, to help people with housing problems. The service is likely to be available on particular days of the week in each probation office, and appointments may need to be made in advance. Some provide advice over the phone or through Probation Officers. Some areas fund other organisations to provide this service – for example, in Kent the Kent, Surrey, Sussex Community Rehabilitation Company has three contracts to provide ‘accommodation, aid and advice‘ service.
A few Probation Trusts have links with private landlords or with supported housing organisations, and also have rent deposit or bond guarantee schemes to help people get started in private rented properties. Support from a Probation Officer to say that you are able to manage a tenancy is useful, particularly if the Probation Officer can say they will give you support and help you if there are any problems.
Youth Offending Teams or Services
Most Youth Offending Teams have someone who takes the lead on helping to solve housing problems, or acting as a link with housing experts.
Council Housing Options, Housing Advice, or Homelessness services
Your local council must offer you advice if you are homeless or think you might become homeless. They have a duty to prevent people becoming homeless. They should see anyone who is actually homeless (without a roof over their head) on the day that they ask for help. For anyone who thinks they may become homeless, the council should make sure you see someone before you do lose the accommodation you have now, as long as it is within 4 weeks of the date when you think you will lose the accommodation.
Council services will ask about your history – where you have lived and why you left there – and what your needs are. If you need somewhere to live urgently, supported housing may be the only quick solution. Not all supported housing is in hostels, and more is now self-contained. Staff there will help you to find long term accommodation, and support if you need it.
Council services may offer you a list of hostels and Bed & Breakfast, but they are expected to do more than this to help you find somewhere you can stay, and somewhere that is suitable to your needs.
More and more Councils have put their housing advice services into Customer Services Centres. If the general help that a Customer Services person is giving you is not likely to help you to find somewhere to live when you need it, ask to see someone who is more of a specialist. Find the details of your local council here.
Drug services and Drug Intervention Programme teams
Drug treatment providers are not usually experts in housing but they should be able to refer you to someone who is. A few DIP teams have a housing or resettlement worker, and they usually have very good links with housing providers. Recovery centres and other places and support groups used by people who have had drug or alcohol problems will also link people into housing services, and may provide some help to sort out housing issues.
Other advice services
There are Citizens Advice Bureaux in every major town and city, and some in smaller places too. They are not housing experts but have very good information about how to solve housing problems, and about housing and benefit rights. Other advice services may exist in your area – ask at the library or at the council where you can get the help you need, or use one of the websites below:
Shelter has offices for the whole of England and Wales. It also has a helpline (0808 800 4444) which is open 8am-8pm Monday-Friday and 8am-5pm Saturday-Sunday (calls are free from UK landlines and main mobile networks).
Nacro has a Resettlement Advice Service offering confidential advice for serving or former prisoners, and other ex-offenders. Nacro itself provides a number of housing services across the country. The phone line is open Monday to Friday 9am-5pm on 0300 123 1999 or you can e-mail helpline@nacro.org.uk.
Housing – Going into prison and preparing for release
Top tips
Hang on to your home if you have one before going into prison if at all possible – it can be pretty hard to find housing if you have nowhere to go when you come out
Tell staff at induction you are ‘No Fixed Abode”, if you have nowhere to go when you come out – don’t hide this, as it’s probably making things much more difficult for you
You don’t have to tell your landlord if you have gone into prison, but this can be extremely useful
It is your responsibility to tell the prison that you are paying rent and need to do something about your tenancy while you are in prison
You need to tell the housing benefit office that you want to claim housing benefit (for up to 13 weeks for a short sentence, or up to 52 weeks on remand) and your address has changed
If you can’t pay the rent while you are in prison and want to end the tenancy, you will need to tell the landlord
People on remand may be able to claim benefits to cover mortgage interest, but not sentenced prisoners
Start paying off rent arrears when you get into prison, as it will help your case when you are looking for somewhere to live
Housing advice staff are there to help you – request an appointment with them at least 6 weeks before you are due to leave prison
Housing advisers or other people working in prisons can help with all the things that need doing to either make sure you keep your home, make sure you end a tenancy without getting into rent arrears, or plan to have somewhere to live when you come out
As soon as you go into prison
It is not necessary to tell your landlord that you are in prison, but it is a good idea, so that the landlord does not think you have moved out or abandoned the property. If the landlord thinks you have moved out, and has no way of contacting you, he or she may start eviction proceedings without you knowing.
The prison should do a housing needs assessment within 4 days of the person going into prison. You will need to tell the person doing it:
Whether you have a home where you need to keep paying rent (or the mortgage), so that you have a home to come out to
The address of the home you were living in before you came into prison
Who you rent it from, or if you own it, who you pay mortgage payments to
Whether there is anyone else living there who could pay the rent or mortgage – for example your partner, a son or daughter or other family member, or a lodger or sub-tenant
If you do not think you will have anywhere to live when you come out
Personal details such as National Insurance number and any other names you might have used in the past
If you do not think you will have anywhere to live when you come out of prison, start the action when you go into prison. There are two important things to do right at the start of the sentence:
1. Tell the person who fills in the Housing Needs Assessment at induction that you will probably have nowhere to go when you leave prison. This should mean that someone from a housing advice service that runs in the prison gets in touch with you before you are due for release, to offer help to find somewhere to live.
2. Get your name on the council waiting list for the area you want to live in. The advantage of this is that if there are problems with your application, you’ll find out in good time, and can do something about the problems
Rent arrears: If there are rent arrears, start paying off the rent arrears whilst you are in prison
Poor behaviour as a tenant in the past: Write to the council or housing association to tell them about work you have been doing in prison to learn how to be a good tenant. This might be a course called something like “Trusted Tenant” or “Practical Housing Units” or “Good Tenant training”, or you could include work you might have been doing as a peer mentor within the housing advice service.
Keeping your tenancy
If you have a home of your own when you go into prison, it is important to try to hang on to it so you have a home to go to when you come out. This means that you need to make sure the rent is paid for the time that you in prison. You are treated as though you are away from home temporarily, as long as you intend to return to your home.
Whether you can get benefit to pay the rent depends on how long you are going to be in custody, and who else is living in the property.
Benefits
If you are a housing association or private tenant who is facing a prison sentence or a period on remand, then there are some important issues that you need to consider regarding your tenancy and any housing benefit claim that you have.
Few problems should arise if you hold your tenancy with another person. If your housing benefit claim ends due to the length of your sentence (see below), the other joint tenant can become the claimant (depending upon their eligibility), if they are not already so. You would need to inform your landlord and the housing benefits department about this and any other change in circumstances. If you hold the tenancy in your name alone, you can continue to claim housing benefit for a certain period of time depending upon the nature and duration of your detention (see below)
People on remand
Anyone going into prison on remand can usually get Housing Benefit to pay for their home for up to 52 weeks (1 year), as long as:
They are expected to pay rent for their home and were on benefit just before going into prison
They are not expected to be in prison on remand for longer than 52 weeks
There is no-one else in the home who could claim Housing Benefit to pay the rent (someone else who usually lives there and is not a sub-tenant)
The person intends to go back to that home when they leave prison
This will not happen automatically. The housing benefit office needs to be sent a change of address form. This is called the Notification of remand in custody form (HCTB6) and it needs to be sent to the local council’s housing benefit office within 14 days of going into custody. The form tells the housing benefit office that you are in prison, intend to return to your home on release, and do not have any income whilst you are in prison. The council has discretionary powers to extend this period in exceptional circumstances. If you then receive a sentence for a period which takes you over the limit for eligibility for housing benefit (see below) your housing benefit entitlement will cease on the date you are sentenced.
Sentenced people
Anyone going into prison for less than 13 weeks can usually claim housing benefit while they are in prison, as long as:
They are expected to pay rent for their home and were getting Housing Benefit just before going into prison
They are not expected to be in prison for longer than 13 weeks (so it could be sentence of just under 26 weeks)
There is no-one else in the home who could claim housing benefit to pay the rent (someone else who usually lives there and is not a sub-tenant)
The person intends to go back to that home when they leave prison
A form must be filled in to let the Housing Benefit office know that you have changed your address. This is the Change of status/custodial sentence (HCTB7) form, which is used when someone goes into prison for the first time. It can also be used for someone who was on remand just before but now has a sentence of less than 26 weeks, so their status is different. It should be sent to the housing benefit office within 14 days (at most) of receiving the sentence. The form tells the housing benefit office that you are in prison, intend to return to your home on release, and do not have any income whilst you are in prison.
For people with a sentence of less than 12 months in prison, if they qualify for Home Detention Curfew (HDC), it is possible that they may be released within 13 weeks. HDC allows prisoners serving sentences, which would otherwise take them over the 13 week period to remain eligible for housing benefit. If entitled to HDC, a person with a sentence of up to 10 months could still keep their housing benefit claim provided that the time spent in prison is not extended, e.g. with a 10 month (40 week) sentence you serve 20 weeks, which is made up of 12 weeks in prison and then 8 weeks on HDC (i.e. at home), therefore keeping you within the 13 week limit away from home. The HCTB7 form must be filled in at the start of the sentence. When released on HDC, the form to fill in is the HCTB8 Release from Custody/Change of Circumstances.
This form should also be sent to the housing benefit office if there is any change in the home, for example that someone who was living there has moved out, or the tenancy has been ended by the landlord (using a court order).
Paying the rent while in prison if you were not on benefit before going in to prison
If you were not claiming housing benefit before you went into prison (for example, because you were working and earning too much to qualify), you may become entitled once you are in prison, for up to 52 weeks on remand or for a sentence of less than 26 weeks. You will need to write to the housing benefit office for a claim form, or you could ask for one from a prison housing adviser, or download one from the DWP website.
Deciding to give up your rented home
If you are sentenced to more than 26 weeks (6 months) in prison and have no income, and there is no-one else staying in your home who could pay the rent, you may have little choice but to end your tenancy. The alternative is to tell the landlord that you will repay the arrears when you are released, but this could be a lot of money to find:
If the rent for a one person flat is £70 a week, the amount owed after 6 months would be £1,820, and after a year would be £3,640
If the rent is £85 a week, the amount owed after 6 months would be £2,210 and after a year would be £4,420
Building up big rent arrears can stop people being able to be housed in the future, whether it is a council, housing association, or private tenancy.
The options are to:
Rent out the property – if the tenancy agreement allows that
Ask a family member to stay in the home and pay rent
End the tenancy
If the tenancy is to be ended, it is usually necessary to give 4 weeks’ notice to the landlord. If you are on housing benefit, it needs to be claimed for the notice period. This is usually possible if you have been claiming before going into prison. The form to fill in is HCTB8 Release from Custody/Change of Circumstances.
If the tenancy is ended, it may be possible to get a council or housing association landlord to agree to re-house you when you leave prison. You must ask for this agreement to be put in writing by the landlord.
If you have lost your tenancy for whatever reason and you have not arranged with the landlord to store or remove your furniture, the landlord when taking the property back will remove and dispose of the goods either immediately or after a short time in storage.
Keeping your owner-occupied home
The mortgage can be paid while in prison, if you are on remand for up to 52 weeks (1 year) or on bail. Income Support, Pension Credit or income-related Employment and Support Allowance should cover the interest on the mortgage, but not the capital. You must also tell the lender that you will not be able to pay the full amount due whilst in prison, and get them to agree to accept interest-only payments for a while.
There are no benefits to cover mortgage costs if you have been sentenced.
If you cannot pay the mortgage whilst in prison, the options are to rent out the home, or give up ownership of the property.
Remember that your gas, electric, water and council tax accounts require attention whilst you are away from home. Council tax benefit could remain payable depending upon the length of remand or sentence.
Planning to go back to the home after prison
If the house or flat is going to be kept for you to return to, some things have to be thought about, as well as whether the rent or mortgage can be paid:
Security: Does the property look as though someone is still living there? Is the place secure, so that it is not easy to break into? If a break-in does happen, can you call on someone to go and get repairs done, to make it secure again?
Insurance: Are belongings insured, in case of a break-in or damage?
Fuel and other bills: Is the fuel still switched on, and will you be able to pay for gas and electricity whilst you are in prison, or when you come out?
Does the property look as if it has been abandoned? It is a good idea to ask a friend or relative to call into the place, and check that the property is okay. It is also important that the post is sent on to you, so that any letters from the landlord (or lender) are dealt with quickly.
If you are likely to have nowhere to live when you leave prison
If you do not think you will have anywhere to live when you come out of prison, it’s important to tell someone this right at the start of the sentence. The main problems that people face are:
Rent arrears
Owing rent to a council or housing Association could mean that they refuse to let you go onto their list or to get an offer of a property. Paying off the arrears, even at the rate of £1 a week, could mean that the debt is cleared before you leave prison, or that the council or housing association see that you are serious about paying your rent and debts. Most councils and some housing associations will let someone go onto their list, and be offered a property at some point, if they have made a regular payment for at least 12 weeks. Most prisons have an arrangement for collecting £1 a week from earnings whilst in prison and paying off arrears outside the prison. Check if the prison will set this up. You might also need to check that it continues if you move between prisons.
A history of anti-social or criminal behaviour
Councils and housing associations will often refuse to house someone, or to let them go on their waiting list, if they have a history of anti-social behaviour or have been convicted for an offence which makes them seem a bad bet as a tenant – for example, dealing in drugs from their house, criminal damage, burglary in the local area, or making loud noise in the house. For some of these type of behaviour, it may be possible to show that you have changed your behaviour or learnt about what being a good tenant means through some of the things you have done during your prison sentence to reduce the possibility of re-offending. Some prisons run courses for prisoners on being a good tenant. If you have done one of these courses, a letter to the council or housing association about what you have learnt and how it will change your behaviour in the future would be a good idea.
There’s more information about what you can do to find somewhere to live on release in main housing section.
Get advice
The most important step to take is to make an appointment with someone who gives housing advice in the prison. There are more details here.
For many people owning their own home is something to aspire to. Renting can be seen as ‘lost money’ as you’re likely to pay the same in rent as you would for a mortgage but never own your own home. Renting can provide you with less security than owning your own home and may mean that you’re unable to make any alterations that turn a house into a home.
If you have an unspent conviction, then getting a mortgage or associated insurance product can cause problems and this information sets out how to deal with some of these issues.
It forms part of our information section on housing.
Why is this important?
Under the Rehabilitation of Offenders Act 1974, ‘spent’ convictions do not have to be disclosed to banks, building societies or mortgage brokers, irrespective of what questions they ask. However, if your conviction is ‘unspent’ then you will need to disclose it if you’re asked to do so.
Knowing what you legally need to disclose will ensure that you get the best mortgage for your needs and that you don’t run the risk of having your mortgage agreement or any insurance policy invalidated.
Obtaining a mortgage with a criminal record
Many mortgage experts say that it’s impossible to get a mortgage if you have a criminal record. However, in our experience, if you shop around you may be able to find one.
If your conviction is spent under the Rehabilitation of Offenders Act 1974, then legally, you do not need to disclose any information about previous cautions and/or convictions and, a lender will not be able to take them into account when deciding whether to offer you a mortgage.
Disclosing information about an unspent criminal record
The onus is on the lender to ask you about your convictions or criminal record. If they ask, then you are bound by a ‘legal declaration of truth’ and you must answer all questions accurately and truthfully.
If you’re asked about convictions and you fail to disclose one that is unspent then this could potentially lead to a further conviction if you were found to have lied. Also, if the lender were to find out, your mortgage agreement could be invalidated as well as any insurance policy connected to it.
You should bear in mind that it’s possible that a solicitor or mortgage broker who handles mortgage transactions may pass on information about your criminal record to the mortgage lender. The Law Society recommend that solicitors should pass on any ‘material facts’ to a lender.
What questions do lenders ask?
The majority of lenders will ask about criminal records. The questions vary, but some examples we’ve seen include:
“Have you ever been convicted, or have any prosecutions pending for any criminal offence (other than motoring offences)?”
or
“Have you or members of your family, or anyone normally residing with you, been subject to any declaration of bankruptcy, been convicted of, received a police caution for, or charged with (but not yet tried for) an offence (other than driving offences)? (Please note, convictions spent under the terms of the Rehabilitation of Offenders Act 1974 do not need to be disclosed). If Yes: please give details”
The first question is quite broad and suggests that you have to disclose spent convictions as well as unspent. However, under the Rehabilitation of Offenders Act, you do not have to disclose spent convictions and so if your criminal record is entirely spent, you would be entitled to answer “no”.
Some lenders will ask you to provide details of addresses over the past six years. If you’ve spent any significant periods of time in prison, this could flag up gaps in your address history and may mean that you’ll need to disclose your criminal record, even if you’ve not specifically been asked about them.
An example taken from an mortgage application form
Applying to a mortgage provider directly
One option when applying for a mortgage is to apply directly to a lender. We have set out below a table listing the questions that some mortgage providers ask in relation to convictions.
In putting this table together, we’ve looked at guidance provided to mortgage brokers (intermediaries) by the mortgage companies, which sets out their ‘lending criteria’. This advice is designed to help mortgage brokers understand whether a particular mortgage provider would accept a particular client. However, many of the big mortgage companies have specific sites for brokers which are not accessible to the public.
Many lenders offer applicants the chance to apply for an ‘in principle’ mortgage which often doesn’t ask about criminal records. However, when you go on to complete the full application form, you will normally find that the lender will ask you to provide details of any unspent convictions, so be prepared!
If you come across any differences to what’s in the table, or you have experience of a particular lender and the question they asked or how they dealt with a criminal record, please let us know by emailing advice@unlock.org.uk
Applying for a mortgage via a broker
For many people, the easiest way to apply for a mortgage is through a mortgage broker. If you’re upfront and honest with the broker about your criminal record, they’ll be able to concentrate their efforts on finding you a lender whose criteria you meet. Many brokers will have dealt with other customers who have a criminal record and should be quite knowledgeable about where your application is likely to be the most successful. Brokers must be registered with the Financial Conduct Authority.
What happens when you disclose unspent convictions?
Each lender will have their own lending criteria and the majority will deal with the disclosure of any unspent convictions on a case by case basis.
We are always keen to hear about the experiences of individuals who have applied for a mortgage with a criminal record as it helps us to improve our information to others. Let us know how you get on by emailing advice@unlock.org.uk.
What checks do mortgage companies do?
Mortgage companies do not generally check criminal records. They do not have access to the Police National Computer, and usually rely on the information you provide on your application form.
If a mortgage company wanted to get official confirmation, they could ask you to provide them with a basic disclosure, which would reveal unspent convictions.
The majority of lenders will do credit checks and will also check the CIFAS Register to check for any issues relating to fraud, money laundering or other financial crimes.
Most lenders will refuse anybody who has a poor credit rating as they need to be confident that you will be able to repay the loan. They will need to see evidence of stable employment, whether you’ve been able to repay loans in the past and whether you’ve had arrears for mortgage or rent.
Checking the information lenders hold about you
You are able to ask a lender to provide you with the details of all information they hold about you under the Data Protection Act. This is referred to as a subject access request and costs £10.
Insurance
For people with unspent convictions getting household insurance such as buildings and contents can be difficult. For a mortgage provider, buildings insurance is usually a requirement of them giving you a mortgage.
Some mortgage providers offer insurance alongside their mortgage product. You are not required to take this insurance, and particularly if you haven’t had to disclose your conviction to a mortgage broker, you may want to source your own cover separately. We have a list of insurance brokersthat may be able to assist you.
Discuss this with others
Read and share your experiences on our online forum.
Below you will find links to useful websites relating to this page. More specific details including addresses and telephone numbers) of some of the organisations listed below can be found here.
Financial Ombudsman – The Financial Ombudsman is the UK’s official expert in helping individuals sort out problems with banks, insurance and pensions
Money Advice Service – The Money Advice Service provides free and impartial money advice
Money Supermarket – Money Supermarket have a range of useful guides on their website relating to a range of financial products.
Compare the Market – Compare the Market have a range of useful articles and a mortgage eligibility calculator to help you work out how much you can borrow.
More information
For practical information – More information can be found under our section on housing
To read personal stories – You can read stories about this posted on theRecord, our online magazine, under the tag housing
To discuss this issue with others – Read and share your experiences on our online forum
This page was last fully reviewed and updated in January 2017. If you’ve spotted something that needs updating, please let us know by emailing the details to advice@unlock.org.uk
The rules around homelessness can be quite complex and the aim of this page is to provide some general information about the criteria you’ll need to meet to be deemed homeless or at risk becoming homeless and what help you’ll be able to get from your local council.
It’s important to know that not everybody who is homeless or at risk of becoming homeless is entitled to accommodation. However, everybody is entitled to advice from the housing service.
If you’re at risk of becoming homeless, you’ll need to get some help and advice at the earliest possible opportunity as it can take some time to organise emergency accommodation.
Homelessness – the basics
You can apply to the council to request somewhere to live if you’re homeless or you’ll be homeless within 8 weeks. How much help you’ll get will depend on your individual circumstances.
You don’t have to be sleeping on the streets to be considered homeless. You can apply for help even if you have somewhere to live but it’s not suitable. For example, if you’re staying on a friend’s sofa or your home is overcrowded.
You can apply for help if you’ve been given a valid section 21 eviction notice which ends within 8 weeks.
It’s worth applying for help even if you’re not sure you’ll get it – councils have to make decisions on a case by case basis.
If you’re not a British Citizen, applying for homeless help could affect your right to stay in the UK. You may want to seek legal advice before applying to your local council.
If you’re aged 16-17 or you’ve currently been living in care, social services will usually have to help you with housing.
If you can’t stay in your home because of violence, threats or any other abuse, you can apply for homeless help.
Are you eligible for help?
You will usually be eligible for help if:
You’re a British or Irish citizen living in the UK.
You’re an EEA national living and working in the UK.
You’ve been given exceptional leave to remain in the UK, or indefinite leave to enter or remain, or are a refugee who was granted asylum and came here before April 2000.
If you’re not from the UK or you’re a British Citizen and recently returned to the UK, the rules are complex. It’s best to get some further advice from your local Citizen’s Advice Bureau.
Are you legally homeless or threatened with homelessness?
You’re deemed to be legally homeless if:
You have nowhere to live in the UK or abroad.
You have a home but you can’t access it – for example, if your landlord has unlawfully evicted you by changing the locks.
It wouldn’t be reasonable for you to stay in your home – for example, because of violence, poor conditions or you can’t afford it.
You have nowhere you can keep your home because it is moveable – for example, it’s a caravan or house boat.
You’re classed as threatened with homelessness if:
You have to leave your home within 8 weeks.
You’re given a valid section 21 notice to leave your home and the notice ends within 8 weeks.
What help can you get?
If you qualify for help the council will first check if they can help you find a new home if you’re already homeless. If you’re threatened with homelessness, they’ll see if they can help you stay in your home.
You’ll usually be given help for 8 weeks. if you’re threatened with homelessness and have become legally homeless you’ll get help for another 8 weeks. You’ll be given help to find a new home.
The council has to work with you to put together a written housing plan, saying exactly how they’ll help you stay in your home or find a new one. For example, if you’re threatened with homelessness, they might be able to negotiate with your landlord so you can stay in your home. If you’re already homeless, they might be able to give you a deposit to get private rented housing.
If the council can’t help you to stay in your home or find you a new one, they’ll check if they can give any other help. This might be finding you emergency housing which could be bed and breakfast accommodation or hostel accommodation.
Certain public authorities have a duty to refer individuals who are homeless or at risk of becoming homeless to the relevant local authorities where the individual has come from:
Prison
Young offender institution
Secure training cetnre
Secure college
Young offending teams
Probation providers (CRC’s and NPS)
If you’re leaving any of the above, you should be referred to a local council for a housing assessment.
Are you in priority need?
You’ll be in priority need if you’re
The main carer for a child – this will usually include a child aged 16 to 18 if they’re in full-time education or training.
Pregnant or living with someone who is.
Homeless because of an emergency – for example, a fire or flood.
16 or 17 and you’re not living with your family and social services can’t help you.
18 to 20 and you are living in care.
You will also be in priority need if it would be more difficult for you to cope with being homeless because of your needs. This is known as being ‘vulnerable’. You might be vulnerable for example because of a disability or old age.
Have you made yourself intentionally homeless?
The council won’t usually be prepared to help with longer-term housing if they believe that you’ve made yourself intentionally homeless. This includes if you:
Give up a home you could have stayed in for no good reason.
Refused to make rent or mortgage payments.
Made arrangements with someone to become homeless – for example, getting family to evict you when you didn’t have to move out.
Were evicted because of noise, damage to your house, drug dealing or violence.
Do have a local connection?
The council will only have to provide you with housing if you have a local connection. The council will accept that you have a local connection to your area if:
You’ve been resident in the area for at least 6 of the last 12 months or 3 years of the last 5 years.
You have close family in the area.
You have a job or you’re in the armed forces in the area.
Being in prison or on bail in the area does not qualify as having a local connection. It is unlikely that a stay in supported housing in the area would qualify you either.
If you have no local connection with the area, and you are in priority need and not intentionally homeless, the council which you have applied to as homeless can send you back to an area where you do have a connection, but not if you would be at risk of violence wherever you lived in that area. If you have no local connection with any area then you can apply to any local authority.
Challenging a homeless application decision
If you disagree with the council’s decision about your homeless application you should challenge it by asking for a review. You can ask for a review of most decisions, including if:
The council says they don’t have to help you with housing.
If the council says they can’t give you help to keep your home or find a new one.
If you’re not happy with your housing plan.
The council says you don’t have a local connection.
You think the housing you’ve been offered is unsuitable.
You’ll normally have to request a review within 21 days of getting your decision. The council may provide you with housing whilst they review their decision but you’ll need to ask for this when you request your review.
Discuss this with others
Read and share your experiences on our online forum.
Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.
Crisis – Offer help to anybody who is homeless or been homeless in the previous 2 years,
Shelter – Run a national helpline and provide online advice for people facing a housing crisis.
Centrepoint – The UK’s leading charity for homeless young people.
More information
Practical self-help information – We have information on housing.
Discuss the issue – Read and share your experiences on our online forum.
Get involved
Help us to add value to this information. You can:
Supported housing can be provided in a hostel, or ordinary flats or houses, and it can be short or long term accommodation
Support is aimed at helping people to learn the skills needed for living in their own place eventually as well as managing their stay
Staff may be there all the time or only part of the time, so it’s important to look for a scheme that has the type of staff support that you want
Most councils have a directory of supported housing on their website but may also have a booklet with all this information
In some places, all applications to get into supported housing have to go through the Council, and have more chance of success if someone like a Probation Officer supports the application
If it is necessary to have an interview before a place can be offered, these can take place in prison, before release, and sometimes can be done by phone or by video link
Supported housing schemes mostly have rules about who they will house and who they will not usually house
Charges for supported housing can usually be covered by Housing Benefit, but there is almost always an extra charge for food and other things that HB does not cover.
The BASS scheme offers accommodation for people leaving prison as a way of leaving earlier than they might otherwise
Introduction
In supported housing, you are offered accommodation and support, and must live in specific accommodation to receive support. The support is usually offered by the organisation managing the accommodation, but sometimes by a different organisation. The accommodation can be a room in a shared house or hostel with staff on site, a self-contained bedsitter or flat in a large building with staff on site, or it can be dispersed – an ordinary individual flat or house which has visiting staff. Staff may work office hours only, or there may be staff on duty 24 hours a day, or in the office during the day and sleeping on site at night.
Most supported accommodation is short term, either for short periods such as up to 3 months, or, as in most cases, for up to 2 years. It can also be permanent, but this is most likely in schemes for people with severe mental health problems, learning disabilities, or particular long term health problems. It is usually offered to single people only, but there are some schemes which offer accommodation to someone who needs support along with their family.
Supported housing often provides people with somewhere to live because they were homeless, but it can also be specialist accommodation for people who need help and possibly training to try to make sure they don’t become homeless in the future.
What sort of support is offered?
Housing support aims to help people to build ordinary living skills, while they are in the supported accommodation, and for the future, when people move on to independent accommodation. It could be about practical things – such as paying the rent, claiming benefits, or learning to cook or clean – or it can mean help to cope emotionally, with living with other people, or learning to manage a mental health problem or a drug or alcohol problem. The main purpose is to make sure that people learn how to hold down a tenancy of their own in the future.
Supported housing staff also help residents to learn how to use ordinary services like health services, leisure centres and libraries, and help people to make a start on getting a job, or going to college.
For people who have been through the criminal justice systems, support also means offering help to not re-offend, or to attend appointments with a Probation officer or Drug Intervention Programme worker.
Finding supported housing for people with a criminal record
Supported housing is mostly provided by not-for-profit (“voluntary”) organisations. Some supported housing is owned by the Council or a Housing Association, but often it is managed by a voluntary organisation.
Directories of supported housing can be found on almost all local Council websites, and on the following sites or numbers:
There may also be a list in a leaflet or booklet given out by the Housing Options or homeless service run by the local council.
Accommodation for people on bail, Home Detention Curfew or Intensive Alternative to Custody order
The Bail Accommodation and Support Scheme (BASS) offers supported housing for people who are on bail or Home Detention Curfew (HDC) but either do not have a suitable address, or need some extra support. You must have been bailed by the courts or released from prison, initially on an electronic tag, but this scheme is not used for anyone with criminal offences of a sexual nature, or for someone who comes with a high or very high risk of harm, to themselves or others. The accommodation is provided only while the person is on bail, HDC, or IAC.
The accommodation is usually provided in a shared house, with 2 or 3 people in the house, each with their own bedroom and shared communal space (kitchen, living room, and shared bathroom). Some accommodation is for 1 person only, which allows people to be reunited with their children for short periods of time. Living there with a partner is not allowed, though.
The houses and flats are furnished, with bedding, and there is a basic food and toiletries pack provided for the first day. There is also normally a pre-paid mobile phone.
How long you stay depends on what sort of order you are on, and what stage you move into this accommodation. It usually lasts till the trial date for bail, with a 7 day leeway if you are found not guilty. For someone on HDC, it lasts till the end of the order, again with 7 days to find somewhere else to live. In either case, at the end of the stay, Stonham staff will work hard to help to find other accommodation.
If people live in their own accommodation but need support, regular support visits can be arranged whilst people are on bail, HDC, or IAS.
To get a place in the BASS scheme, referrals are usually made by the Offender Management Unit or Through the Gate resettlement team in prisons, Probation Officer in courts or Offender Manger in the community if someone is already on a tag but they cannot stay any longer where they have been living. For more information, visit https://www.nacro.org.uk/services/bass/nacro-bass or call 0300 555 0264 or 07423 434032.
Applying for supported housing
There are 4 main ways of getting a place in supported housing:
Applying over the phone
Applying using an application form
Someone else making a referral – they will usually need you to fill in an application, and will add their comments to that form, saying why you need a place in supported housing. The referral can be made by a Probation officer or DIP worker, social worker, an advice or support worker, or someone at the homeless service, but it can usually be made by any agency that is helping you to find the right place to stay.
Applying through a “gateway” run by the local Council – Gateways are systems where all applications for supported housing go through one team, usually at the Council. This means that only one application form has to be filled in, and the Gateway system organises a referral to only those schemes that would fit the needs of the person needing a space. Where there is a Gateway system, it is not usually possible to apply directly to the supported housing organisation instead of or as well as going through the Gateway. Some Gateways give priority to applicants who are supported by particular organisations, including the homeless team, Probation, Youth Offending Teams, and the team that is responsible for buying in substance misuse services.
Most supported housing schemes ask for an interview, either when you apply or when there is going to be a vacancy. You will usually need to provide information about where you have stayed before, and which organisations you are regularly in touch with, such as Probation or a drug or alcohol treatment service. Supported housing staff will need to know what level of risk there might be in offering you a room, and what help and support you will need to be able to stay there successfully.
For people in prison, it is quite possible to apply for supported housing before release. This can mean that a supported housing provider accepts the referral and agrees to house you when you are released, if there is a space at that point.
Why might you not get a place in supported housing?
The main reasons for not being able to get into a particular supported housing scheme are:
There are no spaces free at the moment
You do not fit the criteria for the scheme. For example:
– The scheme is intended for people aged 16-25, and this person is 28.
– The person has a mental health problem, and needs a lot of support, but this scheme offers only low level support, with staff only there during the day
You have stayed there before and left under a cloud
The most common problems which might stop people going back to a place where they had stayed before are that the person did not pay the rent or service charge there in the past, or that their behaviour meant that they broke the house rules.
Almost all supported housing caters for people who have a criminal record, but some may not offer to house someone who has committed particular crimes. Other reasons for not allowing someone with a criminal record to go into supported housing are linked to a concern about risk for other residents, visitors, neighbours or staff. This could be because:
They are known to be violent or to have been violent in the past
They have a conviction for setting fire to a building or other structure
They are known to have sold drugs
They have taken drugs or used alcohol in a way that has been very risky for other residents
They have allowed visitors in who have made the lives of other residents more difficult or risky
Another common barrier is that there may need to be a face-to-face interview with you, but the staff in the supported housing scheme do not have time yet to go to the prison to do the interview. In this case, it is worth trying to persuade them to do an interview over the phone or using a video link. There should be equipment for video links in all prisons. Another option is for the housing advice service in the prison to do the interview and collect detailed information from you, to help the supported housing service make a decision before release about whether they can house you.
Being accepted for supported housing does not mean that a space will always be available when the person is released from prison. Some supported housing schemes may keep a bed for a few days when someone is about to be released. In some areas, the council may pay for the bed to be kept for a person coming out of prison for a few days.
Paying for supported housing
Supported housing charges can mostly be met by Housing Benefit, but there is almost always part of the charge, known as a service charge, that is not covered by benefits. This pays for personal items, such as food, and for the communal areas. Service charges vary hugely from place to place.
For people who are working, or who want to get a job, or anyone else who cannot claim housing benefit, supported housing costs can be very hard to pay for. They are often much higher than the rent for an ordinary flat because the costs cover staffing, as well as furniture, heating and bedding etc. Some supported housing organisations have special arrangements to help people who are working to pay the costs above any housing benefit that can be claimed.
Private-rented housing
Top tips
Private landlords look for tenants who can pay the rent and who will be decent tenants
Private rented accommodation often offers more choice and can be obtained more quickly than much social rented housing
Private landlords can let their properties through agents or directly
Many good landlords register with accreditation schemes, and voluntarily agree to provide accommodation to a good standard and to treat tenants well
You may need to pay a holding deposit which means no-one else should take up the tenancy while your references are being checked and the tenancy agreement is being drawn up. However, sometimes a property is marketed by more than one estate agent and despite you paying for it to be “reserved”, someone else might still beat you to it
Most landlords ask for a month’s rent in advance, and a deposit, and some ask for an administration fee as well
Deposits must be paid into a deposit protection scheme
Help can be given to pay the deposit through a rent deposit or bond guarantee scheme
Single people under 35 may be unable to afford a flat or house on their own if they have to claim Housing Benefit to pay the rent
Introduction
Private landlords rent their housing on the basis of who can pay for it, not who is in housing need. It may be more expensive than social housing (council or housing association housing) and often offers less security because tenancies are usually offered for a fixed term. However, it is usually more easily available as people do not have to wait in a long queue for private rented housing. It can be cheaper than rents in hostels and usually offers accommodation that is more self-contained, though it is possible that you will need to share with others.
There is a huge variety of types of landlords in the UK. Landlords range from the person who owns only one property to those who have thousands. Many have estate agents managing their properties, but others manage it all themselves. You’ll find they can have very different attitudes to their tenants, including a variety of attitudes towards people with an offending background.
The quality and conditions of private rented properties can also be very different. There are some basic rules, though. People who move into a private rented property should not have to put up with bad conditions, and the local council can take action to get repairs done. There is more information about what to do about getting repairs done, and other rights, for private tenants, on GOV.UK and Shelter.
Where to find out what is available
The most common ways to find out what is available to let in the private rented sector are:
These can be found in every town or city. As with landlords, there is a big variation, with some small and friendly agencies, and some huge ones with lots of landlords on their books. Some estate agents own property as well as managing it for other owners. Many have their own websites as well as shops on the main streets. They are likely to find tenants for properties advertised with them, check references, collect rent and tenancy deposits, manage properties for landlords, arrange repairs and provide tenancy agreements and inventories.
Lettings or Accommodation Agencies or Bureaux
These are agencies which let accommodation for landlords and estate agencies. They may do exactly what estate agents do, but some do nothing other than find tenants for places advertised with the agency.
Newspapers
Local newspapers carry adverts for houses and flats for rent. These are usually in the back of the paper, and in a daily paper, are likely to be in the paper only once or twice a week.
Local shops
Corner shops often have cards in the window for flats and houses for rent
Housing offices
Council and housing association housing offices may advertise private houses or flats for rent
Rent deposit or bond guarantee schemes
Some of these schemes advertise accommodation to let as well as offering bonds and deposits (see below).
A few Probation services have links with private landlords to help people coming out of prison or other offenders who need somewhere to live.
Finding a good landlord
It is worth knowing about accreditation schemes, which are run by local councils, landlord associations, or by colleges. Landlords who join accreditation schemes voluntarily agree to provide accommodation to a good standard, and to treat tenants in a good manner. There is likely to be a code of practice which landlords sign up to, and some schemes provide training for landlords and agents.
Typically, if a tenant complains and the complaint is proved, the landlord risks having their accreditation taken away. An accredited landlord or agent will show the symbol for the accreditation scheme they belong to on their website and on their shop-front if they have one. The main accreditation schemes are:
To find housing through an agency, you will need to register with them. They will ask how much you are prepared to pay, where you want to live, and what sort of property you want. They may also ask for references (for example from an employer and current or previous landlord), and for information about your job and how much you earn. There is no limit to the number of agencies that you can be registered with. They are not allowed to charge for registration (in England and Wales).
To find housing directly from a landlord, you will need to give references (typically from an employer and current or previous landlord).
When a flat or house comes up, the next step is a visit to the property. There are important questions to ask at the visit, such as:
What sort of tenancy agreement is being offered
How long the tenancy is for
Whether the flat is being let furnished or unfurnished
What charges will have to be paid before moving in
If there are any charges later on if the tenancy is renewed
How much the rent is and when/how often it has to be paid
Whether other people live in the same property and if so, whether they have a separate tenancy or a joint tenancy between everyone in the house, and how electric and gas bills are paid
How any repairs are reported and dealt with
If the tenancy is accepted, you will almost always need to pay a deposit and the first month’s rent in advance before moving in. There may also be a charge from the agent. This can be an administrative charge for preparing the tenancy agreement, making an inventory (a list of furniture and furnishings in the property), and for phone calls, postage, and other costs of setting up a tenancy agreement (note that it is not legal to charge this in Scotland).
The landlord or agency may ask for a “holding deposit”, while your references are checked and the tenancy agreement is drawn up, and the property should not be offered to anyone else while these things are being done. However, sometimes a property is marketed by more than one estate agent and despite you paying for it to be “reserved”, someone else might still beat you to it. Once the tenancy agreement is signed, the holding deposit must be deducted from the deposit that is charged to cover the full period of the tenancy. Holding deposits cannot usually be repaid if you decide not to move in, but should be repaid if the landlord or agent decides not to offer the tenancy for some reason.
What information will landlords or agents need
The landlord or agent may use an application form to collect all the information needed. A good example of a form that might be used can be found on landlordzone.co.uk.
This is the type of information that landlords may ask for:
Your name, and of anyone else applying to be housed with you
Dates of birth, and National Insurance numbers, for everyone who wants to live together (and proof of the NI number on a NI card, payslip, or P45/P60)
Proof of identity – a driving licence, passport, or other form of proof with a photograph of the main applicant
Current address for each person wanting to live together
Previous addresses for the main applicant (usually for the last 5 or 6 years)
Any history of evictions, and whether the person is disabled
Name of one or two people who can give a character reference
Proof that you are living at your current address – a gas or electricity bill, bank statement, phone bill with that address on
Employment details
Bank details
Criminal convictions
Landlords may ask you to tell them if you have a criminal record. Applying for housing is covered by the Rehabilitation of Offenders Act, so you are only obliged to disclose anything that is unspent at the point of application.
It is unusual for landlords to require any proof of convictions, and landlord or agent cannot check this out other than through credit checking agencies (who don’t have information about convictions specifically, but will involve details regarding financial crime). A landlord could technically require you to provide a copy of a basic disclosure, which discloses unspent convictions, but this is not common practice amongst landlords.
Some landlords use the council’s systems for vetting applicants for their housing. If there is a form to fill in, it may say that you give consent, by signing the form, to the landlord or agency to get information from others (and to do a credit check).
It is usually a good idea to be open with landlords or agents, and many landlords and agents do house people with criminal records. If it is discovered that you gave false information when you applied for a tenancy, this can give the landlord grounds to go to court and ask for you to be evicted. Another problem is that if you do have unspent criminal convictions, the landlord’s insurance may not be valid if this is not disclosed. In the event of a refused claim, the landlord may seek to recover the money from you if they can prove that you lied to them.
Deposits, rent in advance, and lettings agency charges
Most landlords and agencies ask for a deposit. This provides a bit of insurance for the landlord in case the tenant does not pay rent or causes any damage in the property. Deposits are repaid at the end of the tenancy, as long as there is no damage or missing items, and no rent unpaid.
Tenancy deposits must be put into a special account by the landlord. This is called the tenancy deposit protection scheme, set up by the Government for all new tenancies after April 2007. There are slightly different rules for tenancies that existed before April 2012, but for all tenancies set up after April 2012, the landlord must pay the money into a Government-backed deposit scheme within 30 days of receiving it, and must give the tenant information about:
who the landlord is and their address
where the money is placed (in which tenancy deposit scheme) and how much was paid in
a copy of the deposit protection certificate signed by the landlord
the address of the tenancy
information about the tenancy deposit scheme and how to get the money back at the end of the tenancy
Shelter’s website tells you more about the Tenancy Deposit Scheme, including how to check if your deposit has been protected through one of these schemes, and what to do if there are problems such as the landlord refusing to repay it at the end of the tenancy:
There is also help around to pay deposits in most parts of England. The local council or a local advice agency may have a scheme to do this (a Rent Deposit Scheme, or Bond Guarantee Scheme). They work in one of 2 ways:
• A rent deposit scheme offers the person a loan. This is usually sent to the landlord or agent directly. The loan may not cover the whole of the deposit (some schemes offer a sum of £50 or so). It needs to be repaid during the period of the tenancy or at the end of the tenancy. Some schemes help tenants to save up to repay the deposit by signing them up to Credit Unions.
• A rent or bond guarantee scheme offers the landlord a guarantee, which means that money is paid out only if the tenant does not pay the rent or causes damage. There will usually be a limit on the amount that the landlord or agent can claim, and a time limit, for example 6 months or a year after the tenancy starts.
Some deposit schemes are designed to help particular groups, such as families helped by the Council because they were homeless or about to become homeless. Other schemes, such as some run by the probation service, or by Crisis or Shelter, were particularly set up to help people with convictions, drug or alcohol users, single homeless people, or young people. Often, these schemes also provide advice on benefits and on tenants’ rights, help to get furniture, and other practical advice or help. They may also provide support for people who need help to manage their tenancy to start off. They may also provide training for tenants or landlords, and offer advice for landlords if things start to go wrong, all aimed at helping tenants to keep their homes.
The Crisis Rent Deposit Scheme website has a list of many of the rent deposit or guarantee schemes. There are also a few rent deposit schemes or bond guarantee schemes run by Probation services, Youth Offending Teams, or Drug Intervention Programme teams.
Rent in advance is not usually paid through deposit schemes. If it is paid, the tenant would usually be expected to repay it out of the first months’ housing benefit. Before April 2013, it was sometimes possible to get a crisis loan through the Social Fund, but this is no longer available and has been replaced by schemes arranged by each local authority.
Affording the rent
There are many changes to benefit rules going through at the moment, so it is important to check that anyone who needs to claim Housing Benefit to be able to pay the rent is aware of the key changes affecting them.
Shared accommodation rate
Single private tenants aged under 35: most single people aged under 35 who have to claim Housing Benefit (also called Local Housing Allowance) to pay their rent can now only claim enough to pay the rent in a shared privately-rented flat or house. This is called the Shared Accommodation Rate. The rule does not apply to everyone. The rule does not apply to anyone living in supported housing provided by a charity or voluntary organisation.
Exemptions from the Shared Accommodation Rate: Importantly, anyone who fits into the categories below should be able to get enough Housing Benefit for a 1 bedroom flat or house because of the following exemptions until they reach the age of 35:
People aged under 25 who have been in care: they are exempt from SAR until they are 22 years old.
People aged 25-34 who have spent at least 3 months in a homeless hostel: they are exempt, as long they were offered and accepted support. The 3 months do not have to have been spent in the same hostel or to have been one lot of 3 months, so there could have been a month or so in one place and a couple of months in another place, with a period spent somewhere else (such as in prison) in between. The hostel must provide accommodation that is not self-contained, and must provide food or shared kitchen where residents do their cooking. It can be a hostel for homeless people, a women’s refuge, or a hostel intended for drug or alcohol rehabilitation, as long as it offers support at the hostel. It is important to note that time spent staying in Approved Premises (known as bail or Probation hostels) for people who pose a risk of serious harm to the public and need high levels of Probation or other supervision) will not count towards this exemption. Each local council has a list of the hostels whose residents would be seen as exempt from this rule. The hostel staff must confirm that the person who is claiming the exemption did stay there and when.
People aged 25-34 who are subject to Multi-Agency Public Protection Arrangements (MAPPA): they are exempt as long as the MAPPA arrangement is being applied. This exemption applies only to people under MAPPA levels 2 or 3.
Anyone with a severe disability premium: they are exempt if they are entitled to the middle or higher rate element of the Disability Living Allowance
The process for claiming the exemption is different for different groups of people:
To claim the exemption because of a stay in a hostel: the claimant must apply for this and must be able to show the Council’s benefit officer that they did stay in one or more hostels for a total of 3 months. In most areas, hostel staff have forms that will help people staying there (or who have stayed there in the past) to make a claim.
To claim the exemption for a MAPPA client: Probation staff will automatically tell the housing benefit office (on a form designed for this purpose) that their client is at MAPPA level 2 or 3.
There is further guidance available about what shared accommodation means, what is meant by the term “hostel” and “support”, and many other parts of this rule, via Homeless Link, NHAS and Shelter.
Under-occupation rule (“Bedroom Tax”)
From April 2013, people living in self-contained accommodation get Housing Benefit to cover only the cost of the bedrooms they need. This is known as the ‘bedroom tax’ but the proper term is the ‘under-occupation rule’. This rule applies to all tenants, not just private tenants, including council and housing association tenants
If there is a couple or a single person, they will have enough benefit to pay the rent only for a 1 bedroomed place (or a room in a shared house if they are under 35). If they have children, the children are expected to share a bedroom until they are 16 if they are the same sex, or until they are 10 if they are not the same sex. The main exemption is for someone who needs a spare bedroom for a carer to stay overnight.
Moving in
Once the offer of a property is accepted, the tenancy is likely to start very soon. It is very important to make a housing benefit claim straightaway as the rent will be due from the start.
Councils have lists of the housing associations with properties in the area
Local councils usually have rights to decide who should be housed in some of the local housing association accommodation so you should apply to the local authority as well.
You can apply directly to as many housing associations as you want as long as they hold waiting lists of their own, or through the council
Spent convictions don’t have to be disclosed on housing application forms
Ask for a leaflet about the Housing Allocations Policy, to see how applications will be dealt with and what situations or groups of people get priority for housing
Get help to make a bid – if the housing association has a bidding system, the applicant must make bids to be considered for any vacant house or flat
The tenancy may start within a few days of accepting an offer, so it’s really important to get Housing Benefit sorted out when signing up for the tenancy
What are housing associations?
Housing associations offer similar types of housing as local councils. Like councils, they are non-profit-making landlords, and they usually let their properties to people in housing need. They can choose to specialise in some types of housing, for example for older people, younger people, or people with disabilities. People do not usually have to live in a particular area to apply to them.
Getting on the waiting list
In many areas, there is now a central system for applying to housing associations in the area. This is often called a Common Housing Register, and it is usually managed by the council. There may be only one application form to fill in for all the different housing providers, and in some areas, applications to all housing associations go through this central system.
Local councils also nominate people for housing by the housing associations with properties in the area. To be nominated by the council for a housing association letting, applicants usually need to be at the top of the list – either in urgent need, or with priority for some other reason.
Some housing associations also take applications directly. If you are applying directly, you can apply to as many housing associations as you want.
Councils give out information about the housing associations which have properties in the local area and how to apply for their housing, as well as who is likely to be nominated by the council for housing association homes. This information may be on the council website, as well as in a leaflet. There is also useful information on Shelter’s website.
It’s important to apply for accommodation that fits the size of your household. If you are a single person or are applying as part of a couple, you will not get enough housing benefit to pay the full rent if the house or flat has more than 1 bedroom, even if you need this sometimes for your children.
Information needed to make an application
Housing associations need similar information as application forms to councils. See a separate section on applying to councils for more information.
Disclosing a criminal record
Application forms ask the applicant to say if they have a criminal record, and if it is not a spent conviction, to supply more information. Spent convictions do not have to be disclosed. The sentence in the form will say something like:
If you or anyone who wants to be rehoused with you has any criminal convictions which are not spent as explained in the Rehabilitation of Offenders Act 1974, you must tell us about them here. You must set out all of the details of the conviction in full.
If accommodation is provided and then it is discovered that false information was given in order to get somewhere to live, the housing association can ask for the person to be evicted (but this can only be done through the courts).
Housing allocation policies
For nominations from the local council, housing associations must follow the council’s Allocations Policy, though they may also have their own rules about which nominations they will accept.
For anyone applying directly to a housing association, the housing association will use their own rules, but they must do this in a fair and transparent way. Housing associations usually have their policy (“lettings” or “allocations” policy) on their website, and may give out leaflets with a summary of the policy.
Housing association refusals
Housing associations can refuse to rehouse some applicants, as long as this fits in with their published policy. They should consider each case individually, and not make rules about particular groups. It is common for housing associations to follow roughly the same principles as local councils, but some are much stricter than local councils.
Housing associations may decide not to house people where there have been problems such as:
rent still owed to this or another housing association
serious nuisance or annoyance to neighbours
a conviction for an offence committed in the house or flat or local area – such as selling drugs from the property, causing damage to the property, or burglary from a neighbour’s house
a conviction or a caution for an offence which makes the person seem unsuitable to be a tenant
court action taken within the last 2 years for problems to do with a tenancy
eviction from a house or flat with this or another housing association
Can you check what information the housing association holds about you?
An applicant accepted onto the waiting list is entitled to see their entry and to receive a copy of what is held about them. The right covers all information recorded about you, including information held on computers, in e-mails, and in printed or handwritten documents, as well as pictures and video or audio recordings. There may be a charge for this, up to a maximum of £10.
Choice Based Lettings schemes
Many housing associations join in with local councils in the local Choice Based Lettings schemes, which means that the first step is for applicants to bid for the house or flat they want to live in. These schemes work like this:
This is what you need to know about Choice Based Lettings schemes:
There is a weekly list of vacant properties advertised in housing offices, on the internet, in the local paper, or in advice centres
The advert says what size of family could apply, for example a 1 person household, or a family with 5 people, and whether there are any restrictions such as being over 40, or needing accommodation with adaptations for a disability
Anyone interested in living in that property makes a bid. This can be done in a number of ways: over the phone, over the internet, by post, by text, or at a housing office. There will be a deadline for bids to be received each week. It is usually possible to bid for more than one property each week, up to a limit (often 3).
People who are not able to bid for themselves (for example someone in prison) may be able to ask someone else to bid for them – this usually has to be arranged beforehand.
The housing officer then weighs up the different bids that have come in. They may have to take into account people who are homeless or who have priority because of a medical problem or an urgent need to move. If not, they will usually decide that the person who has been waiting the longest will be offered the property.
The last steps in the process are:
The housing officer will let the successful bidder know (but not usually the unsuccessful bidders, as there may be too many bids to respond to).
The successful bidder gets an offer and has to respond within a few days to say whether they want to move into the property or not.
Some housing associations use a points system to decide who is at the top of the list. In this case, the applicant does not bid but waits to get a letter or phone call telling them they have come to the top of the list. The decision about who will be offered the property will depend on a combination of the person’s need for housing and length of time on the list or on the waiting list.
There is more detail about how allocations policies and bidding systems work in the section on applying to the council.
Getting an offer of a property
The housing officer makes an offer of a house or flat to the applicant (usually over the phone, or in writing if the person can’t be contacted by phone). The property might have to be viewed soon after getting the offer (perhaps only 2 days). A housing officer may go with the applicant to see the property. The applicant needs to decide if they are going to take the property within a day or so. They will then need to go in to the housing office to sign for the tenancy. This process could take up to an hour, and might include getting benefit advice and help to fill in Housing Benefit forms.
With bidding systems, if the offer is refused, the applicant can go on to bid for any other properties they are interested in. With other systems – such as a points system – the application may be sent further down the list if the offer is refused.
Moving in
Once the offer of a property is accepted, the tenancy is likely to start very soon. This could be in less than a week’s time, depending on whether the sign-up has happened at the start of the week or later in the week. So it is very important to make a Housing Benefit claim straightaway as the rent will be due from the start.
Useful links
Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.
National Homeless Advice Service (NHAS) – NHAS provides free expert advice, training and support to housing professionals working in local councils, voluntary advice agencies, local Citizens Advice and public authorities in England.
Applying to the council for housing
Summary
There are quite long waiting lists for council housing in most areas, though not everywhere. It is worth applying anyway because this can help you to get on housing association lists too. Some places have lists of housing with shorter waiting lists, sometimes called “readily available” or “always available”. These might be flats such as in tower blocks, and because there is a shorter waiting list, it’s possible to be housed quite quickly in one of these properties if the council has them.
Not all councils have their own housing any more, but they will still keep a waiting list. People on this list will be either nominated to a housing association (usually if they have some form of priority), or placed on a list to wait for a home from one of the housing associations, or told they can start bidding for properties from one of the housing associations.
The rest of this section looks at applying for housing from a council that still has its own housing. It also tells you about how councils can set the Allocations Policy for nominations to housing associations.
It is important to note that the council’s allocations policy does not cover who gets homeless priority. This is part of a different set of rules, and is covered in a separate section on homelessness.
Top tips
There are long waiting lists in lots of places, but it’s good to get on the waiting list as soon as you can
Ask for a leaflet about the housing allocations policy, so you can see how it works in your area
Allocations policies say who will get priority for getting a council house, but there is a different set of rules about whether people get priority if they are homeless
Get help with filling in the application form if needed – it’s best to get the right information onto the form from the start
You can use a recent photo as proof of identity
Someone who knows you well (like a Probation Officer or support worker) can give a reference for you, to confirm that you are who you say you are and that you could hold down a tenancy
Spent convictions don’t have to be disclosed on housing application forms but convictions will normally be requested, in which case you must disclose your unspent convictions
You have the right to challenge a decision refusing to let you go on a council housing waiting list, and you should get a letter telling you why you have been refused
You may have to re-apply each year
Your application may be deferred if you are in prison – you need to let the council know at least 6 weeks before you are due for release, to activate the application
In lots of places, you need to make a bid to say you are interested in a particular house or flat – and you can often get help to make bids if you are in prison
Getting on the waiting list
Most councils keep a waiting list for housing (sometimes known as a housing register). It may be the same waiting list for all the housing associations in the area, and in a few places, private landlords join in with this too. There may be only one application form for all the housing associations, and it may also be used by other councils in the area, if there is a joint Choice Based Lettings Scheme (see more about this in the later section).
Application forms
The first step is to complete an application form. It is more and more common for councils to expect people to apply by filling a form online. You can find the form on the council website or on a site which is just about applying for council housing in that area. If you are in a prison with no internet access, you can ask for a paper copy of the form to be sent to you. Check that a Consent Form has been sent for you to sign at the same time.
The GOV.UK website can tell you which council to apply to if you put in a postcode in the area you want to live in (for example for the place you are staying at temporarily or the postcode for a friend or family member). This also gives some basic information about applying for and living in council housing.
Other places to get advice are Shelter, the Citizens’ Advice Bureau in your area, or the Homelessness or Housing Options service.
Choosing the size of accommodation you need
It’s important to apply for accommodation that fits the size of your household. If you are a single person, or are applying as part of a couple, you are not likely to get enough Housing Benefit to pay the full rent for a house or flat with more than 1 bedroom, even if you need this so your children can stay with you occasionally. If you need to claim Housing Benefit, in most cases you will not get benefit to cover the rent for more bedrooms than you need for yourself and any family who live with you permanently.
Restricting who is allowed on the list
Some councils have restrictions on who can apply to them for housing. Councils may decide that houses or flats will only be offered to people who come from the area, or that they will not house people with particular criminal histories, or that some types of accommodation are for people in particular age bands. The Government is also proposing to change the rules so that you must have lived in the area for 2 years to be able to be housed there in council or other social housing.
Information needed to get on the waiting list
The information usually needed when applying is:
Your name, and the names of anyone else applying to be housed with you
Dates of birth, and National Insurance numbers, for everyone who wants to live together (and proof of the NI number on a NI card, payslip, or P45/P60)
Current address for each person wanting to live together
Previous addresses for the main applicant (usually for the last 5 years)
Details about your current home, and why you want to or need to move
Any disability or other medical, welfare or other problems which mean you need to move (this is particularly important) or need support
Ethnic origin, and whether you are a British citizen or not
Where you want to live
Whether you or anyone wanting to live with you has any criminal convictions (this only relates to unspent convictions)
Name of one or two referees
Proof of identity – a driving licence, passport, or other form of proof with a photograph of the main applicant
Proof of living at the current address – a gas or electricity bill, bank statement, phone bill with that address on
Providing the information needed if you are in prison
If you are homeless or in prison at the time of applying and can’t get references from a previous or current landlord, most councils will accept a character reference and other information from someone like a Probation Officer, a housing support worker or someone else who has known you for some time, and is not a relative. The point of this is to confirm that you are who you say you are, and that the referee thinks you are capable of holding down a tenancy.
If you do not have a passport, a driving licence or another proof of identity with a photo, the proof of identity can be a photo taken recently. This needs to be attached to the application form so that you can be recognised and your identity confirmed.
If you are due to be released from prison, the council may ask for the expected release date, copies of release papers, and the name and contact details of your Probation Officer.
It is a criminal offence to give false information in order to get somewhere to live from the council, or to withhold information deliberately. If accommodation is provided and then it is discovered that false information was given in order to get somewhere to live, the council can ask you to be evicted (but this can only be done through the courts).
Once you are registered
Once an application is registered, you will be sent a letter confirming your registration number and registration date. You will also have a PIN number and user name if you have registered online. It is important to keep all this information safe.
If in prison, the local council may defer (freeze) the application because an offer of accommodation could not be accepted whilst you are in prison. If this happens, the council should be contacted before release (6 weeks before would be good) and the application is then made “live”. The waiting time will then date back to the original registration date, so it is still worthwhile getting your application in as soon as possible.
Disclosing a criminal record
Application forms all ask the applicant to say if they have a criminal record, and if it is not a spent conviction, to supply more information. Spent convictions do not have to be disclosed. The sentence in the form will say something like:
“If you or anyone who wants to be rehoused with you has any criminal convictions which are not spent as explained in the Rehabilitation of Offenders Act 1974, you must tell us about them here. You must set out all of the details of the conviction in full.”
Spent and unspent convictions
Spent convictions are those which can be ignored after a specified amount of time. The amount of time depends on the sentence, and the more serious the conviction, the longer the period of rehabilitation that is expected before people can be rehabilitated and start with a clean slate. Unspent convictions must be mentioned on the form. To work out whether your record is spent, visit www.disclosurecalculator.org.uk.
Consent forms
You might be asked to fill in a consent form to allow the council to send off to other organisations to get more information. This is likely to be the case if:
You say you have a criminal record, or
are known by housing staff to have a criminal record or to have committed anti-social behaviour, or
there are gaps in the housing history filled in on the application form
Some councils have, in the past, introduced policies that involve them writing to the local police force to ask what a conviction was for, if the person has mentioned that they have a criminal record, or if there is a gap in the person’s housing history and the council want to find out if someone was in prison during that period. The council should not ask for this information about all applicants who have convictions; only those where they think the convictions may be relevant to their eligibility for housing. The council should also not ask you to prove your criminal record by asking you to get what is known as “a subject access request”. This means forcing someone to find out information that is held about them by the Police, which is illegal under Section 56 of the Data Protection Act 1998.
When the council has the information it needs, it will then decide whether you can go onto their waiting list or register. The decision will depend on what their housing allocations policy says.
Can you check what information the council holds about you?
An applicant accepted onto the Housing Register is entitled to see their entry and to receive a copy of what is held about them. The right covers all information recorded about you, including information held on computers, in e-mails, and in printed or handwritten documents, as well as pictures and video or audio recordings. There may be a charge for this, up to a maximum of £10.
For information the council has got from other organisations, such as the Police, Social Services, or Probation, they may write to ask that organisation if they give permission for the information to be shown to you.
Council housing allocations policies
Many councils are in the middle of rethinking their allocation policies. This is because the law has recently changed, through the Localism Act 2011.
Under the Homelessness Act 2002, councils could refuse to allow someone to go on their list (and could refuse to house them) only if
they were either someone who was not allowed to use public services because they came from abroad (this is a very short summary of the rules in this case) or
because they were not suitable to be a tenant because of earlier “unacceptable behaviour” such as rent arrears or criminal or anti-social behaviour
The Localism Act 2011 keeps the rules about those from abroad, but now allows councils to decide for themselves who can or cannot qualify for their waiting list or register. This came into force in June 2012, but as some councils have not yet changed their policies, the notes below explain what to do if the council refuses to let someone apply for housing under the old rules, and then under the new rules.
Councils must publish their allocations policies and must provide anyone who asks with a copy of it, at least in summary. There will usually be a copy of the policy on the council website. You are also entitled to ask for information which will help you to assess how your application is likely to be treated, whether you will have any priority (under rules about “reasonable preference”), whether you can be housed, and how long it might take.
Some groups get priority
Council allocation policies must give some priority to people who fall within certain groups (or give “reasonable preference” to some groups). These include people who are homeless and in “priority need” because they are in a family with children, a pregnant woman, under 18s, or have some other special need, and also people living in very unhealthy or overcrowded accommodation, or people who need to move because of medical problems.
As well as setting the policy for allocating the council’s housing (where the council still has its own housing), each council’s allocations policy sets out who will get priority for nominations to housing associations. This is particularly important where the council no longer has its own housing and all lettings of social rented houses or flats are done by housing associations for properties they have in the area. It is also important when new houses and flats are being let by a housing association, as in many cases, the arrangement will be that the council can propose who gets a proportion of the properties, often up to half of the properties being let. This allows local councils to make sure that the people most in need are likely to be offered housing.
What to do if you are not allowed on to the council’s waiting list or housing register
The old rules (may still be in use)
Under the old rules, the council could decide that your tenancy record or a history of anti-social or criminal behaviour means that you are not suitable to be a tenant because of “unacceptable behaviour”. You would usually be told that you are not eligible to go on the waiting list, but some councils say that the person can go on the list but their application is suspended or deferred. Technically, these two things are different, but in practice they mean the same: the person will not be offered any housing until they can show that their behaviour has changed.
Examples of what is considered to be unacceptable behaviour for someone wanting to be a council tenant are:
serious or persistent rent arrears from a former tenancy
serious nuisance or annoyance to neighbours
domestic violence
harassment, violence and intimidation to council or other staff
damage to a house or flat
selling drugs from a house or flat
a conviction for an offence committed in the house or flat or in the local area – such as burglary from a neighbour’s house, keeping stolen goods in their home, or assaulting a local shopkeeper
Each case has to be considered individually, so councils are not allowed to make a rule which would apply to all people with convictions, or to anyone convicted of a particular type of crime. Decisions must be based on evidence that the person with rent arrears had built up serious or persistent rent arrears, or that the person who had a record of nuisance, harassment or crime had been guilty of behaviour that would be serious enough for them to be evicted very quickly if they were a council tenant. All decisions could be challenged by asking for a review of the decision, in writing, within 21 days of receiving a letter giving the decision. (All decisions to say that an applicant is ineligible to go on the waiting list must be given in writing, with a note saying how to ask for a review.)
The Police sometimes provide information about convictions which do not affect the person’s ability to be a good tenant. Under the old rules, information about these sorts of crimes should not be taken into account in deciding whether the person can be allowed onto a council waiting list. If you think that the council has used information about convictions which have nothing to do with housing, you can ask for the decision to be reviewed.
If the council refuses to let you join the waiting list because of “unacceptable behaviour”, there are several ways to change or challenge this:
Check whether the council has evidence that the rent arrears built up because of your own actions or decisions, and not because of factors outside your control (for example, Housing Benefit not being paid on time)
Ask for information about what crime or anti-social behaviour is being taken to show that you have been guilty of unacceptable behaviour which is serious enough that you would have been evicted if you had been a tenant already
Ask for information about when the crime or poor behaviour being taken into account happened
If the rent arrears are not at a serious level (the council may define the level they see as serious in their policy), or if the crime was not one which could lead to a speedy eviction if the person had been a tenant, or was committed a long time ago, then it may be worth asking for a review of the decision that you are ineligible to join the waiting list.
If the council confirms its decision that you’re ineligible to apply because of rent arrears or previous/current behaviour, you can ask for the decision to be reviewed at any time if you can show that your behaviour has changed. This could be by:
Showing that you are committed to paying your rent by regularly paying rent or something off the arrears. This can be as little as £1 a week, and usually needs to be paid for 12 or 13 weeks in a row. Paying a little off the rent arrears each week when someone is in prison is usually taken as proof that the person is committed to paying their rent
Providing evidence that your behaviour has changed – a letter from a Probation Officer, or housing support worker, or a drugs worker would be important here
Councils could also decide to allow you on the waiting list but then not allocate you a property because of new information about your unacceptable behaviour. The same challenges as above can be made to try to get the decision changed.
New rules from 2012
Under the new rules, the council can decide who does and does not qualify for the waiting list. People who do not qualify could include, for example, those who would have been found to be ineligible under the old rules such as people who have been convicted of selling drugs, or those who have been found guilty of violence towards housing or other council staff, or anti-social behaviour. It can also include people who do not have a local connection with the area.
Councils are advised not to disqualify groups of people who are mentioned in their Homelessness Strategy as likely to be at risk of homelessness and needing special help to make sure they find somewhere to live, or those who have medical or welfare grounds for getting extra priority. However, an individual applicant could be disqualified even though they have an urgent or a medical need for housing.
Some councils have decided to exclude people who have:
as little as £100 rent arrears
been guilty of breaking any rule in their tenancy agreement within the last 3 years
any unspent conviction or recent anti-social or criminal behaviour
been found to be intentionally homeless
Anyone who has been disqualified can make a new application, but it is up to you to show that the circumstances have changed. As above, this can be done by
Showing you are committed to paying something off the arrears.
Providing evidence that your behaviour has changed – a letter from a Probation Officer, or housing support worker, or a drugs worker
As in the old rules, anyone who is disqualified must be told this in a letter, and must be told what grounds have been used for making the decision. You can ask for a review of the decision and must be told what the result of the review is. After that, there is no right of appeal to an independent court or tribunal.
Who does the review?
Reviews often have 2 stages. The first stage is for a senior housing officer, someone who was not involved in the original decision, to look at it, and review all the information collected and what decision was made. If the decision is not changed at this stage, you can ask for another stage, for an elected councillor to look at the decision again.
Deciding on who will be housed in a particular property
The process
Many councils now decide who will get a particular property by first asking applicants to bid for the house or flat they want to live in. These are called Choice Based Lettings schemes, and they usually work as shown below:
This is what you need to know about Choice Based Lettings schemes:
There is normally a weekly list of vacant properties advertised in housing offices, on the internet, in the local paper, or in advice centres
The advert says what size of family could apply (for example a 1 person household, or a family with 5 people) and whether there are any restrictions, such as being over 40, or needing accommodation with adaptations for a disability
Anyone interested in living in that property makes a bid. This can be done in a number of ways: often by phone, over the internet, by post, by text, or at a housing office. There will be a deadline for bids to be received each week. It is usually possible to bid for more than one property each week, up to a limit (often 3).
People who are not able to bid for themselves (for example someone in prison) may be able to ask someone else to bid for them – this usually has to be arranged with the council beforehand.
After the bids have been received, the housing officer weighs up the different bids that have come in. They may have to take into account people who are homeless or who have priority because of a medical problem or an urgent need to move. If not, they will usually decide that the person who has been waiting the longest will be offered the property.
The last steps in the process are:
They will usually let the successful bidder know (but not all councils let unsuccessful bidders know as there may be too many to do this).
The successful bidder gets an offer and has to respond within a few days to say whether they want to move into the property or not.
Getting priority
Allocation policies give priority in several different ways. Some give priority for people with the highest points, but most give priority to people in different bands. The example below is for a council policy which has 5 bands. People who do not have an urgent, high or medium need to move (Bands A, B or C) are unlikely to be offered a property in most cases.
Band A: Urgent Need – Such as people who are homeless and in a priority group, or have a life-threatening medical condition, or live in a property which is dangerous, or have to move because of violence Band B: High Need – Such as people who need to move because of overcrowding and their house is in very bad condition, and they have a medical need to move, or people in a priority group who are at risk of becoming homeless soon Band C: Medium Need – Such as single homeless people, or people whose health is being made worse by the conditions in the house where they are living, or whose home is overcrowded, or people who are ready to leave (temporary) supported housing Band D: Low Need – Such as people who do not have an urgent need to move but who are working in the area, or making a community contribution in the area Band E: Reduced Priority – Such as people who have rent arrears, have no local connection with the area, have had a tenancy before but did not look after their house very well, or broke tenancy conditions, or have refused 2 reasonable offers of housing in the last year.
Anyone who thinks they have been put in the wrong band can ask for this to be looked at again.
Some councils give priority to people who show that they are trying to find work, or are working, or that they are “making a community contribution”. This could be by doing volunteer work with a local charity, or in a local community group, but it would also include time spent being a representative for people who live in supported housing or being part of a service user group for people with substance misuse problems.
Points systems
A few councils use a points system to decide who is at the top of the list. In this case, the applicant does not bid but waits to get a letter or phone call telling them they have come to the top of the list. The decision about who will be offered the property will depend on a combination of factors like the person’s need for housing, and the length of time they have been on the list or in housing need.
Quota systems
Some councils use a system which allocates a property to the next person in a particular group (this is called a “quota system”).
Getting an offer of a property
The housing officer makes an offer of a house or flat to the applicant (usually over the phone, or in writing if the person can’t be contacted by phone). The property might have to be viewed soon after getting the offer (perhaps only 2 days). If you don’t turn up to the viewing, your application might be downgraded.
A housing officer may go with you to see the property. You need to decide if you are going to take the property. You will then need to go in to the housing office to sign for the tenancy. This process could take up to an hour, and might include getting benefit advice and help to fill in Housing Benefit forms.
With bidding systems, if the offer is refused, you can usually go on to bid for any other properties you are interested in. With other systems – such as a points system – the application may be sent further down the list if the offer is refused.
Moving in
Once the offer of a property is accepted, the tenancy is likely to start very soon. This could be in less than a week’s time, depending on whether the sign-up has happened at the start of the week or later in the week. So it is very important to make a Housing Benefit claim straightaway as the rent will be due from the start.
Other things that need to happen when moving in are: having meters read, a gas fitter coming out to turn the gas on, and arranging for furniture to be delivered. Councils may provide a furniture pack, with the cost of this covered in the rent and by Housing Benefit.
Useful links
Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.
National Homeless Advice Service (NHAS) – NHAS provides free expert advice, training and support to housing professionals working in local councils, voluntary advice agencies, local Citizens Advice and public authorities in England.
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