Homelessness

Losing your home is a stressful experience. Most people manage to find somewhere else to live without help but this is not always possible. Depending on their circumstances, people who are threatened with or about to become homeless can be helped by Medway Council but they should do everything they can to keep their home.

It is important to remember that potentially homeless people may be able to stay in their homes. They should never assume they do not have the right to remain. Anyone who is worried about losing their home should seek advice. To help decide whether the council has a duty to find alternative accommodation, it has to consider whether a person or a member of their household:

• is eligible for assistance,
• is homeless or likely to be homeless within 28 days,
• has a priority need for assistance,
• became homeless intentionally,
• has a local connection with Medway.

The council will need information to help it decide what help can be provided. When someone says they are homeless, it must make a full investigation of their circumstances.

A person is homeless if:

• they have no accommodation anywhere that they can legally occupy;
• they cannot regain entry to their property;
• it is not reasonable for them to continue living in their home, taking into account the general housing situation in the area;
• they are at risk of violence if they remain in their home.

They are considered to be threatened with homelessness if it is likely that they will become homeless within 28 days.

Who is eligible for assistance?

Not all homeless people are eligible for assistance from the council. Asylum seekers or people subject to immigration control, for example, are excluded unless they fulfil specific status conditions. Similarly, people who fail the habitual residency test set by the Home Office are not eligible for housing assistance.

What is priority need?

People are considered to be in priority need if they:

• have dependent children under the age of 16 years (or 17-19 years if they are in full time education) living with them;
• or a member of their household is pregnant;
• are 16 or 17 years old and the Children's Services Directorate does not have a duty to assist them;
• are 18, 19 or 20 years old and were looked after, accommodated or fostered when they were aged 16 or 17;
• or a member of their household is assessed as vulnerable due to:
  
  
  • long-term illness,
  • mental health needs,
  • physical disability,
  • other special needs,
  • old age;
• are vulnerable as a result of:
  
  
  • being looked after, accommodated or fostered,
  • fleeing violence (or threats of violence),
  • spending time in the armed forces,
  • having been in prison or remanded in custody;
• are homeless due to fire, flood, or similar emergency.

People who are homeless but do not have a priority need will be offered advice but cannot be provided with emergency accommodation by the council.

What is intentional homelessness?

Someone can be intentionally homeless if they had a home that they could have stayed in but gave up deliberately or lost through their own fault. This could have happened some time ago and the home need not necessarily have been their last address. Some examples are:

• deliberately not paying the rent or mortgage even though they had the money to do so;
• not following advice given by either a housing advice centre, Citizens Advice Bureau or solicitor;
• getting evicted because they broke the terms of their tenancy agreement;
• making an arrangement to be evicted in order to take advantage of the homelessness legislation;
• leaving accommodation which is available to them and is reasonable for them to continue to live in.

Anyone who is homeless through no fault of their own and in circumstances beyond their control is unlikely to be treated as intentionally homeless.

If they are considered to be intentionally homeless, Medway Council will only provide emergency accommodation for a limited period to allow time to find alternative accommodation and will give them advice and assistance in their efforts to find somewhere to live.

What is a local connection?

A person may be considered to have a local connection if they or anyone living with them has:

• lived in Medway for six months in the past year or three years in the past five years;
• a close family member living in Medway, who has lived here for the last five years and is still resident: close family members include mother, father, son, daughter, brother or sister;
• a permanent job in Medway.

People without a local connection may be referred to another council with which they have a connection. That council will have a duty to provide accommodation in its area. If someone has a local connection to more than one council's area, they can say which council they would prefer to be referred to. This will not be done, however, if they will be at risk of domestic violence in that council's area. There are also exceptions for certain people, e.g. armed forces personnel.

What should you do if you think you are homeless or about to become homeless?

Contact Medway Council using the contact details below or use the online form.

To help the council deal with your claim, you will need to provide certain documents. These may include:

• notice to quit,
• court orders,
• tenancy agreements,
• birth certificates,
• divorce papers,
• proof of pregnancy,
• proof of income,
• passport,
• child benefit book.

What temporary housing is likely to be offered?

Unfortunately there is a very high demand for housing in Medway and because of this there is a strong possibility that the council may only be able to provide bed and breakfast accommodation. Every effort will be made to avoid this if at all possible. Alternatively, the council can assist anyone who may be interested in trying to find their own accommodation.

Visiting housing services

There is a dedicated housing reception at the address below. It is open:

• Monday, Tuesday, Thursday and Friday - 9am to 4pm
• Wednesday - 12noon to 5.15pm

If you have a disability and it is difficult for you to visit, please let use the contact details below to arrange for someone to come to you.

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