Housing and the council’s obligations’ to you

As a victim of domestic violence you can approach Any local authority in the UK and ask for help with housing.
The law says that the council should consider you homeless if you have no accommodation that you have a right to occupy. However, if even you do have accommodation that you have a right to occupy (e.g. a joint tenancy), the council should consider you homeless if you cannot return there because it is likely that you, or anyone else you live with (e.g. one of your children), will be at risk of violence or domestic abuse.
This is usually done by making a homeless application to that council under part VII of the Housing Act 1996 (HA 1996) and The Homelessness Act 2002

Under HA 1996 domestic violence is defined
As violence from another person or threats
From another person which are likely to be
Carried out’. This includes actual violence
And threats of violence and includes
Violence inside or outside the home. There
Is no need for violence to have already
Taken place. The Homelessness Code of
Guidance 2006 makes it clear that
domestic violence is not just physical violence
and specifically states that it
should be understood to include threatening
behaviour, violence or abuse (psychological,
physical, sexual, financial or emotional).
Local authorities must have regard to the
Code of Guidance before making a decision
and cannot require proof of domestic violence
before they will act




Councils have to accept homelessness applications in any form. This means that you should be able to apply:
· in person
· by telephone
· in writing.

However, most councils prefer homeless people to apply in person at the council offices so that they can be interviewed. If the council is insisting that you apply in a certain way and you are unable to do this for any reason, it may be acting illegally, and you should seek further advice

The council will interview you about what has happened. They should offer you the choice of being interviewed by a person of the same sex. If you feel that the person interviewing you is not being sympathetic or not taking you seriously, tell them, or ask to speak to their manager
The council may ask you for some evidence of the violence, for example a crime reference number. However, if you cannot supply evidence, it should take your word that you have been a victim of violence or threats of violence. It may ask you to sign a statement stating what has happened. Sometimes councils ask for a formal document, called a statutory declaration, detailing your circumstances; this should not really be necessary, but it is sometimes easier to get one than argue with the council about it. The local county court or a solicitor can draw up a statutory declaration (a solicitor may charge for the service, but county courts will usually do it for free).

The council will then make further inquiries into your situation to establish if it has to rehouse you. It may contact the police, your friends and relatives, your landlord, your doctor, or anyone else you have told about or who may know about the violence. However, it should not contact the person who has been violent against or threatened you, as this could put you at risk. It should normally complete its inquiries and make a decision (which it must give to you in writing) within 33 working days.





After making its enquiries, the council has to inform you in writing of the decision it has made. The decision letter (sometimes known as the notification letter) has to be sent to you or made available for you to collect from the council offices. The decision letter must say:
· what decision the council made
· the reasons why the council made that decision
· that you have the right to request a review of the decision within 21 days and how you can do so.

If you haven't received a decision letter yet, the council may still be investigating your situation. If you are told verbally of the council's decision, ask the person you speak with to confirm it in writing and get advice. An adviser can check the reasons why the council made the decision and help you to request a review within the time limit.
If you are in short-term accommodation (eg you are staying in a refuge) because you have left your home because of violence or threats of violence, you should also be considered to be homeless.


It is also possible to apply for housing with other local authorities but you can only apply to one council as a homeless person/family, which just means you go onto the council’s waiting list and while you might be eliable for additional points or a higher band you will not be as priory as say a homeless case. It is useful to ask the council your thinking of applying to as an additional council how long you might possibly have to wait for re-housing should to make an application.

The council has a duty to protect your property when it is at risk of damage or loss and you are not able to protect or deal with it yourself, for example because you can't afford to arrange removals or storage. This duty applies from the point you make an application as homeless and the council believes you may be eligible for help. It applies to your property and the property of anyone else included in your application.
The council has to do what is reasonable to prevent loss or damage to your property.

The council can:
· arrange removals
· arrange storage
· gain entry to a property to recover your belongings.

The council can make charges for the protection of your property, and most councils do this. Charges may be waived by some councils for people on low incomes or benefit. It is likely to be cheaper and more practical for you to arrange removals and storage yourself if you are able to.
If the council loses touch with you, or the duty to protect your property ends, the council may be able to dispose of your property. It has to follow specific procedures in order to do this. If it does not do so you may be able to take court action to get compensation. Get advice if this happens to you.

The council no longer has a responsibility to protect your property when:

· it considers there is no longer a danger of damage or loss to your property
· it finds you don't meet the criteria for help with accommodation
· it has fulfilled all its responsibilities towards you.

Even if the council has no further obligation to provide accommodation for you, it can choose to continue to protect your property. The council has to inform you in writing if it decides it has no further duty to protect your property.