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Homeless right to housing

Who is entitled to accommodation under the homelessness legislation?

Eden Housing Association will make enquires to decide on the type of help it can provide. The questions that will be asked are listed below.

Are you eligible to be considered for assistance?

If you are subject to immigration control you may not be eligible for assistance. Most other people will be eligible.

Are you homeless or threatened with homelessness within 28 days?

You are homeless if you have no accommodation available in the United Kingdom or elsewhere. This means:

  • you have no accommodation you are legally entitled to occupy; or
  • you have accommodation but it is not reasonable for you to continue to occupy it

Are you in priority need?

You are in priority need if:

  • you are pregnant, or a person with whom a pregnant woman resides or might reasonably be expected to reside.
  • you have dependant children, or a person with whom dependant children might reasonably be expected to reside.
  • you are vulnerable as a result of old age, mental illness or handicap, physical disability or other special reason.
  • you are homeless as a result of a disaster, such as flood or fire.
  • you are 16 and 17 year old and not the responsibility of Children's Services.
  • you are a Care-leaver aged 18, 19 or 20 years old who were looked after, accommodated or fostered when aged 16 or 17 years, and who are not 'relevant students'.
  • you are aged 21 years or over, who is vulnerable as a result of being looked after, accommodated or fostered by the Local Authority, and who are not 'relevant students'.
  • You are vulnerable as a result of fleeing violence (or threats of violence)
  • People who are vulnerable as a result of spending time in the Armed Forces or having been in prison or remanded in custody.

Priority need is automatic for the first six groups. For the others, priority need will be determined on each individual case employing the test of 'vulnerability' according to the definition established by case law and the code of guidance.

Are you intentionally homeless?

You are intentionally homeless if:

  1. you have deliberately done, or failed to do, something and as a result are no longer entitled to occupy accommodation.
  2. you have not taken advice and information about accommodation that is available in the district.

Do you have a local connection with Eden?

If you do not have a local connection with Eden the duty to provide accommodation might rest with another Local Authority.

Eden Housing Association decision

When Eden Housing Association has the answers to questions above it can decide if it has a duty to provide you with temporary accommodation. These are the decisions and duties.

  • Decisions You are not eligible for assistance.
    Duties Advice and assistance
  • Decisions You are eligible for assistance and you are not homeless.
    Duties Advice and assistance
  • Decisions You are eligible for assistance and you are homeless, but not in priority need.
    Duties Advice and assistance
  • Decisions You are eligible for assistance, you are homeless, in priority need and homeless intentionally.
    Duties: Accommodation for a reasonable period to enable you to find your own accommodation plus advice and assistance.
  • Decisions You are eligible for assistance, you are homeless, in priority need, not homeless intentionally.
    Duties Advice and assistance to enable you to find other accommodation. If none available, temporary accommodation provided until more permanent accommodation can be found.
  • Decisions You are eligible for assistance, you are homeless, in priority need, not homeless intentionally but no local connection
    Duties Accommodation until referral accepted by Council where you have a local connection


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