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What is legally homeless?

You are homeless if you have no accommodation that you are legally entitled to live in. The accommodation needs to be available for you to live in and it must be reasonable for you to carry on living in it. 'You' not only means you - it includes you and anyone else who normally lives with you.

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As soon as you realise you may become homeless in the next 56 days (8 weeks) you need to contact your council’s housing department. If the council doesn’t know about you or your housing problems it has no duty to help you. It is only by contacting the council that you can start getting some help. Someone who is already helping you, such as a social worker or probation officer, can tell the local council about your housing problem for you as long as you give your permission to them to do this. This is called a referral. If you agree to someone else making a referral for you it is important you check it contains everything the council needs to know about your situation. Ask to see the paperwork to be sure. This is because the council cannot make an accurate decision about your case without all the information about your situation. Unless someone refers you to the council, you need to call and make an appointment at the council as soon as you can. You can ring the housing department and arrange an appointment for another day - this can be best because you probably won’t have to wait so long. You can ring the housing department and arrange an appointment for another day - this can be best because you probably won’t have to wait so long. You might prefer to go straight to the council’s housing office without an appointment but they may ask you to come back another day or you may have to wait for many hours to be seen. Local council housing departments are very busy places so it is important to get there early in the day if you haven’t made an appointment. You may have to wait to be seen for several hours. You can find your council’s contact details and address via the Shelter website. When you go to your council housing department for help, staff must help you if they believe you are threatened with homelessness. Everyone has the right to make an application for help with a housing problem. You might not get help because of your immigration status. For more on this see the section called the Eligibility assessment. You need to make sure you get to see a housing officer. Lots of councils now have such a shortage of housing that the receptionist will often try and send you away as soon as you arrive. Make sure you stand your ground and explain that you know you have the right to make an application for help with housing. You need to make sure you get to see a housing officer. Lots of councils now have such a shortage of housing that the receptionist will often try and send you away as soon as you arrive. Make sure you stand your ground and explain that you know you have the right to make an application for help with housing. If you can ask someone to go with you to give you some moral support this would be a good idea.

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First the housing officer will ask you questions to work out if your immigration status entitles you to help with your housing. This is often called ‘eligibility’ or being 'eligible'. We talk more about this in the next section. Make sure you take as much evidence of your situation as you can find. The housing officer will need as much information as possible to make a decision about what type of help the council should give you.

If you possibly can, make sure you take:

Proof of identity such as your passport, ID card or driving licence,

Eviction notice and tenancy agreement if you have been told to leave your home by your landlord, or a letter from the adult you live with stating they have asked you to leave, Proof of your income, such as bank statements, pay slips and all benefits, Proof of your children’s identity, such as their birth certificates and your child benefit letter, Proof of your pregnancy, such as a letter from your midwife or your MATB1 form, Proof of any medical condition you have, such as a letter from your doctor or hospital or copies of your prescriptions, Proof of your immigration status such as a passport or other document that shows you have the right to live in the UK. If you don’t have this you need to read the section called Eligibility assessment to work out what to do next. If you do not have any of these things the council must assess you anyway – they can’t send you away just because you haven’t got documents. But it will make your application more likely to succeed if you take as much as you can. To work out if your local council has a duty to help you or not they will need to carry out an assessment. This assessment might be done on the day you first visit or you might get asked to go back another day. The assessment can take a couple of hours. You will be asked questions about:

Yourself and your family,

Your immigration status,

Your address history,

Your health,

What has led you to be threatened with homelessness.

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