Who is eligible for temporary accommodation?
Part VII of the Housing Act 1996 sets out the legal duties that all Local Authorities have to people approaching as homeless. Under this Act, we may have a legal duty to provide accommodation to you if:
- you are Eligible
- you are Homeless
- you, or someone on your application, have a Priority Need
If you do not agree with the Council’s decision then you do have the right to request an internal review of your case.
Eligibility
Certain categories of people are not eligible for housing assistance. You are likely to be eligible for housing assistance if:
- you usually live in the United Kingdom and are not subject to any form of immigration control
- you usually live in the United Kingdom and are subject to immigration control but your right to stay here is not subject to a time limit or other conditions
- you have been given refugee status or exceptional leave to remain or leave to remain in the United Kingdom following an asylum application
Homeless
We will consider you homeless if:
- you have nowhere to live
- you have been living somewhere, but you have no
- legal right to stay there and have been told to leave
- you have somewhere to live, but cannot get into it
- you have somewhere to live, but someone else who lives there has been violent towards you, or is likely to be violent towards you
- your home is a caravan or a houseboat and you have nowhere to legally park it or moor it
- you have been made homeless as a result of an emergency, such as fire, flood or some other disaster
Priority Need
We may consider you to have Priority Need if:
- you are 16 or 17 years old
- you are 18 to 20 years old and were in care or fostered between the ages of 16 and 18
- you have dependent children who are under 16, or under 19 if they are in full time education, who live with you
- you, or any member of your household is pregnant
- you are at risk of violence
- you have been made homeless as a result of fire, flood or some other disaster
- you are at greater risk of harm when homeless
You may be at greater risk of harm because:
- you are an older person (over 60 years old as a guide)
- you suffer from mental illness, disability, or physical illness
- you are at risk of domestic or other violence
- you are over 21 but used to be in care or fostered
- you have served a custodial sentence or served in the armed forces
Intentionally Homeless
We will consider you to be intentionally homeless if you lost your last accommodation through your own fault. This may be the case if:
- you have voluntarily left accommodation that was reasonable for you to occupy
- you failed to pay your rent or mortgage
- you did not follow advice given by this Council or your legal advisers
- you have been evicted for anti social behaviour
- you are a perpetrator of domestic violence
- you failed to accept a suitable offer of accommodation
Local Connection
We will consider you to have a connection with the London Borough of Richmond if:
- you have lived in the borough for six out of the last twelve months
- you have lived in the borough for three of the last five years
- you are in permanent employment within the borough
- you have a close relative who currently lives in the borough and has lived in the borough for the last five years (e.g. mother, father, sister or brother)
- you are an asylum seeker who has been provided with accommodation in the borough under Section 95 of the Immigration & Asylum Act of 1999, and you have been granted Indefinite Leave to Remain
- you have special circumstances
If you do not have a connection with the London Borough of Richmond, then we will refer your case to the local authority where a connection exists.
The above description of the conditions of eligibility for accommodation by the London Borough of Richmond is for general guidance only. As each case is assessed on an individual basis, you should seek advice from us if you are homeless or threatened with homelessness; we will then explain the full conditions of eligibility to you.