This Notice is to advise you that with effect from Wednesday 1st July 2015, Ceredigion County Council will be applying the "Test of Intentionality"
Notice to persons approaching the council for assistance when homeless or threatened homelessness
New Housing legislation, HOUSING (WALES) ACT 2014 came into force in Wales with effect from 27th April 2015. This significantly changes the law around how Local Housing Authorities deal with applications from persons who are homeless or at risk of homelessness.
A specific change relates to persons who the Local Authority may decide, after investigation of the facts, have made themselves intentionally homeless. Ceredigion County Council currently assess intentionality and will continue to do so for all client groups identified below.
From Wednesday 1st July 2015, Ceredigion County Council will be applying the "Test of Intentionality" to the following client groups:
- A pregnant woman or a person with whom she resides or might reasonably be expected to reside
- A person with whom a dependent child resides or might reasonably be expected to reside
- A person who is vulnerable as a result of some special reason (for example: old age, physical or mental illness or physical or mental disability), or with whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside
- A person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster, or with whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside
- A person who is aged 16 or 17 yrs
- A person who is homeless as a result of being subject to domestic abuse or with whom a person who falls within sub-paragraph (i) resides (other than the abuser) or might reasonably be expected to reside
- A person who has attained the age of 18, when the person applies to a local housing authority for accommodation or help in obtaining or retaining accommodation, but not the age of 21, who is at particular risk of sexual or financial exploitation, or with whom a person who falls within sub-paragraph (i) resides (other than an exploiter or potential exploiter) or might reasonably be expected to reside
- A person who has attained the age of 18, when the person applies to a local housing authority for accommodation or help in obtaining or retaining accommodation, but not the age of 21, who was looked after, accommodated or fostered at any time while under the age of 18
- A person who has served in the regular armed forces of the Crown who has been homeless since leaving, or with whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside
- A person who has a local connection with the area of the local authority and who is vulnerable as a result of one of the following reasons –
- Having served a custodial sentence within the meaning of Section 76 of the Powers of Criminal Courts (Sentencing) Act 2000
- Having been remanded in or committed to custody by an order of a court
- Having been remanded to youth detention accommodation under Section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,or a person with whom such a person resides or might reasonably be expected to reside
For further information regarding this notice, please ask to speak to a housing / homelessness options officer.
Contact tel. No 01970 633396 or e-mail email@example.com
Preventing homelessness is our priority and we can offer help whatever the reason:
- Asked to leave by family or friends
- Notice received from landlord
- Rent arrears
- Mortgage repossession
- Any other reason which threatens homelessness
Asked to leave by family or friends:
- I will arrange a visit to the family home or friends home to discuss the reason/s why the person threatened with homelessness has been asked to leave. Try and find compromises and reduce any problems
- Negotiate an extension of the time the person is allowed to stay and within that time help find alternative accommodation
If the person has a priority need, and cooling off period is all that is needed, an offer of temporary accommodation will be made by the Council whilst the situation/dispute is being resolved.
In the future we hope to offer a mediation service which will be offered to both the applicant and their parent/s.
Notice received from landlord
I will endeavour to speak with the applicant's landlord and establish why notice has been served and asked to leave. It may be possible to solve any difficulties and allow the tenant to remain in the property.
- Advise about the validity of the notice
- Speak to Housing Benefit Department if there is a delay in payment
Advise applicants that whatever their debts to other sources, any difficulties experienced in paying rent should be seen as a priority.
I will liaise with the letting agents/landlords on behalf of the applicant to arrange an agreed payment plan to pay off the arrears.
If the applicant has a priority need the Council may consider giving financial assistance to pay off the rent arrears, depending on the amount and the circumstances as to why the applicant has accrued rent arrears. It will be a type of loan that the applicant will have to pay back at an agreed rate. This will only be offered if the landlord will allow the tenant to remain in the property for at least six months.
Speak with Housing Benefit Department about the applicant's claim and support a discretionary housing payment application.
Referral will be made to the Citizens Advice Bureau where specialist advisors will give relevant advice in relation to debts and negotiate with the lenders.
Advice relating to the threat of homelessness due to mortgage arrears referrals are made to the relevant agencies that will be able to give expert advice.
Leaflets and basic advice will be given to the applicant.
Applicant will be advised that mortgage payments are a priority debt and must be paid.
- Identify the best solution for the applicant
- Maintain tenancy
- Remain living with family or friends
- Make a referral to Ceredigion Care Society so applicant can access the bond scheme should they qualify
- Ensure the applicant has a joint housing application form in which Ceredigion County Council and Tai Wales & West Housing
- Sanctuary Scheme (possible development)
- Complete housing application forms for Housing Associations
- Apply for Discretionary Housing payments
- Source alternative accommodation