Homelessness

Step 1: Where are you looking to live?

In the area covered by Derbyshire Dales District Council?

Continue to step 2

Step 2: The Derbyshire Dales connection

You can only usually get help from our homelessness service if you have a 'connection to the Derbyshire Dales'. You have this connection if:

• you have lived in Derbyshire Dales for at least six of the last 12 months; or

• you have lived in Derbyshire Dales for at least three of the last five years; or

• you have a parent, brother or sister who has lived in Derbyshire Dales for at least five years; or

• you work in Derbyshire Dales.

But you may also qualify if you have not got a connection if you:

• have no similar connection to any other council either; or

• if you have a very special reason for being in Derbyshire Dales.

Continue to step 3

Step 3: Can we help?

You may get help from us if you qualify through a Derbyshire Dales connection. But we must also agree that you are:

• Homeless, threatened with homelessness or living in unreasonable conditions; and

• eligible through citizenship or immigration status.

Are you homeless, threatened with homelessness or in unreasonable conditions?

It's obvious that you're homeless if you live on the street, or in temporary accommodation. But you also count as 'homeless' in other situations - even if you have a roof over your head for that night.

We can class you as 'homeless' if you:

• are 'roofless' - meaning you have nowhere to sleep tonight; or
• are threatened with becoming 'roofless' within the next 28 days; or
• have no legal right to occupy your home, and have been asked to leave by your landlord, or the householder within the next 28 days; or
• have a legal right to occupy your home but your landlord has evicted you illegally; or
• live in something 'moveable' (like a caravan of boat) but have nowhere to park or moor it; or
• can show that it is 'not reasonable' to continue living where you do - because, for example, the council say it's unfit for habitation, or it's very overcrowded, or the landlord is harassing you; or
• you are living in fear of violence - it could be domestic violence, racial or homophobic harassment, or threats from your landlord, for example.

Are you eligible?

You are eligible if you have lived continuously in the United Kingdom, Channel Islands, Isle of Man or Republic of Ireland for at least the last five years or are 'habitually resident’ here - and:

• you are a British citizen; or
• you are a citizen of any country in the European Economic Area; or
• your immigration status gives you the right to live in the UK.
• You are also eligible if you live outside the United Kingdom, Channel Islands, Isle of Man or Republic of Ireland and:
• you are a national of any country in the European Economic Area and you have the status of a 'worker'; or the 'right to reside' in the United Kingdom; or
• you are getting income support, or income-based job seeker's allowance; or
• you left Montserrat after 1 November 1995 because of the effect of the volcanic eruption

Step 4: Your household

We also have a legal duty to help people who are homeless or threatened with homelessness, but we don't have to provide accommodation for all these people.

We may have a duty to provide you with temporary accommodation if you are classed as being in 'priority need', although there are important exceptions to this.

You are in priority need if you are:

• pregnant
• have dependent children.
• 16 or 17 years old - excluding ‘relevant children’ under the Children (Leaving Care) Act 2000, and ‘children in need’ who are owed a duty under section 20 of the Children Act 1989.
• Care-leaver aged 18, 19 or 20 years old who was looked after, accommodated or fostered when aged 16 or 17, and who is not a ‘relevant student’.

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 in the following cases:

• People aged 21 or over who are vulnerable as a result of being looked after, accommodated or fostered by the local authority, and who are not ‘relevant students’.
• People who 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.
• People who are vulnerable as a result of old age, mental illness or handicap, physical disability or other special reason.
• People who are homeless as a result of a disaster, such as flood or fire.

If, after investigating your circumstances, we decide to provide you with temporary accommodation, it will be available for you until a settled home can be found (ie until you have been successful in bidding for a property under the Home-Options (opens in a new window) system).

Step 5: What should you do?

Contacting the Homeless Section

The Homelessness section can be contacted at the Town Hall on 01629 761311 or 01629 761117.

Normal office hours are: Monday to Friday 9.00 a.m. to 5.00 p.m with an appointment system in place during 9.00am and 1.00pm.

Please visit Community Housing or telephone 01629 761311 or 01629 761117 to book an appointment.

We will make every effort to interview immediately and make temporary housing arrangements where someone has lost their home.

General comments or queries can be sent via email to: homelessness@derbyshiredales.gov.uk

What to bring to the interview

• Identification showing your national insurance number

• name of your doctor

• details of your address or last address

• details of other organisations that are helping you.

• If you are subject to immigration control bring any paperwork you have that shows you have the right to live in the UK.

Please bring two things that show your identity. At least one of them must show your national insurance number.

Documents showing your national insurance number:

• P45 or P60
• payslip, salary statement or works pension statement or completed certificate of earnings
• letter from the Inland Revenue about tax
• letter (not handwritten) from the Department of Work & Pensions (DWP) about benefits
• national insurance number card (not handwritten)
• social security order book that includes your national insurance number - for example a retirement pension book, or income support book
• bank statement that shows direct debit for class 2 national insurance contributions or receipt of income support or jobseeker's allowance
• proof of address over the previous 5 years

Other identification

Other forms of identification include:

• birth or marriage certificate

• divorce annulment or separation papers in your name

• driving licence

• credit card, debit card or cheque card

• recent bank or building society statement

• passport; residence permit or alien's registration certificate

• a recent gas, electricity, phone (landline only) or water bill in your name

• letter from doctor, solicitor, social worker, probation officer or the Inland Revenue

• certificate of employment in HM forces or merchant navy

• medical card or TV licence in your name

• notification of prison discharge.

If you haven't got identification

We can still start to help you but your choices of accommodation will be limited and the whole process will take longer.

When you come to our offices 

Go to the reception counter and ask for a Homelessness Officer or Housing Assistant. The member of staff will ask a few basic questions - your name, date of birth, national insurance number and so on. You'll then be asked to wait for a full interview to look into your circumstance in more detail. This should be in no more than 30 minutes although it could be longer in busy periods.

Homeless Emergency

If you are homeless owing to an emergency situation, outside of office hours or at the weekend, please call Derbyshire County Council for advice and assistance - telephone  0845 6058058

Step 6: The interview

The interview will help us decide what sort of advice and help we need to give you, and whether, by law we have to find you somewhere to live.

As well as checking whether you are eligible and homeless, we look at two main things:

Do you count as a homeless family?

We must make sure that you meet the legal definition of a homeless family. The children must live in your household permanently - it does not count if they live somewhere else but visit you. If you have no children but are pregnant, we need proof of your pregnancy - a medical letter for instance.

Are you 'intentionally homeless'?

You could be classed as intentionally homeless if we think that your situation could be your own fault. For example you could have been evicted for rent arrears because you chose to spend you money on non-essentials rather than pay your rent. Or you may have lost your home because of your anti-social behaviour, or because you caused domestic violence for instance.

The service you get depends on the answers to those two questions.

Step 7: The decision

We may be able to give you a decision there and then about the sort of service we'll give you. Or it may take a day or two to look into your circumstances. If this happens we'll find you temporary accommodation until we decide.

If we do not agree that you are homeless

We do not have to help you - but we may give you advice about how to find a home, or put you in touch with other agencies.

If we agree that you are homeless but do not count you as a homeless family?

If your circumstances mean that you do not count as a homeless family, we will ask you to use another part of the homelessness service.

If we do count you as a homeless family?

The law says that the service you get depends on whether or not you are 'intentionally homeless'. You could be classed as intentionally homeless if we think that your situation could be your own fault. For example you could have been evicted for rent arrears because you chose to spend you money on non-essentials rather than pay your rent. Or you may have lost your home because of your anti-social behaviour, or because you caused domestic violence for instance.

If you are not intentionally homeless

We (or another council if appropriate) have a legal duty to find you somewhere to live. And we must arrange temporary accommodation while you wait for a home.

Our legal duty to you

If you have a priority need, and are not intentionally homeless: we (or another council if appropriate) have a legal duty to find you somewhere to live, and must arrange temporary accommodation while you wait for a home.

This legal duty lasts until one of these things happens:

• you have successfully bid for a property through Home-Options (opens in a new window); or
• you refuse a 'reasonable' offer of somewhere to live; or
• you voluntarily leave the temporary accommodation; or
• we evict you from the temporary accommodation - for anti-social behaviour for example; or
• you are subject to immigration control and your 'leave to remain' runs out.

If you are intentionally homeless

By law we must give you advice and assistance, and find you temporary accommodation for a 'reasonable period' (usually up to 28 days). We will help you register with Home-Options (opens in a new window). 

Please note: We will carry out some checks to see if you would be a good tenant - if you successfully bid for a property through Home-Options (opens in a new window), the landlord of that property may wish to interview you and also take up references. If you have a record of anti-social behaviour or other tenancy problems the landlord may decline to offer you the property.