radical index: housing & homelessness advice

Written By The Elegists

Housing Crisis England and Scotland

Template and Information for Homeless Application : https://england.shelter.org.uk/housing_advice/homelessness/get_help_from_the_council/sample_homelessness_application_email

Letter Template Asking for Review: https://england.shelter.org.uk/housing_advice/homelessness/get_help_from_the_council/letter_template_review


Homelessness Advice

You have the right to ask your council for help if you are homeless or about to lose your home. The council must help if you're homeless or facing homelessness in the next 8 weeks.

For this, you must meet immigration and residence conditions.

You might be:

  • facing eviction and struggling to find a place to live

  • sofa surfing with family or friends because you have nowhere to go

  • facing or experiencing domestic violence in your home


Council Help:

You are LEGALLY HOMELESS if you are experiencing domestic abuse or violence at your  home (from either partner or family member(s) ).

If you receive an EVICTION NOTICE (Section 21) CONTACT YOUR COUNCIL IMMEDIATELY - they can check you notice and give you the right support

You might be entitled to EMERGENCY HOUSING 

If you are under 18 years old, the council must make sure you have a safe space to live (if it stable to live with either parent)


How the Council helps

The council can:

  • check that your eviction notice is valid

  • try to help you stay in your home by talking to your landlord

  • work with you to find another place to live

  • give you emergency housing

You're likely to get more help if you have a priority need but everyone must get some support


How to check if your eviction notice is valid

Legally Landlords can evict tenants who have an assured SHORTHOLD TENANCY using either Section 21 or Section 8. 


Landlord can use a Section 21 notice to evict tenants either:

  • after a fixed term tenancy ends - if there’s a written contract

  • during a tenancy with no fixed end date - known as a ‘periodic’ tenancy

When given a Section 21 or Section 8, you MUST also receive Form 6A - this form provides all the information of why a tenant has received section 21 and 8. It assists and guides both tenants and landlords of their rights during eviction process


Here is some information on how to determine if your eviction notice is valid


If your eviction notice is valid…

A housing officer will usually try to talk your landlord to find out:

  • why you were given notice

  • what the landlord plans to do

  • if the eviction can be stopped


If your eviction notice is not valid

The council might say your landlord has to give you a valid notice before they can help you.

But they should look at other things that could mean you cannot stay in your home.


Tell the council if, for example:

  • you cannot afford the rent

  • you are at risk of harassment, abuse or violence

  • there are bad conditions and overcrowding in your home

Make sure your DEPOSIT is protected. https://www.gov.uk/deposit-protection-schemes-and-landlords


Rent increases


Your landlord cannot increase your rent during a fixed term unless either:

  • you agree to it

  • your contract has a rent review clause 


A rent review clause sets out:

  • when an increase can happen

  • how much notice you'll get

  • a method for rent increases – for example, a formula for calculating the new amount


If your fixed term has ended, your landlord can give you 1 month's notice of a rent increase.

You can have an assured shorthold tenancy without a written agreement but most tenancies start with a contract.

Your landlord must give you a written statement of terms if you ask for it. This means:

  • the start date of tenancy

  • rent amount and date due

  • any rent review clause

  • the length of any fixed term agreement


You also have the right to the name and address of your landlord.

A written tenancy agreement can give you extra rights or responsibilities.


Repairs and safety checks

Before you move in your landlord must give you the latest copy of the:

  • gas safety record

  • electrical safety check

  • energy performance certificate (EPC)


Your landlord must arrange for:

  • repairs the landlord is responsible for

  • gas safety checks by a Gas Safe engineer each year

  • electrical safety checks by a qualified electrician every 5 years

Deposit protection

Your landlord or agent have 30 days from when they get your deposit to:

  • protect it in a tenancy deposit scheme

  • give you information about the scheme

Your landlord may not be able to give you a section 21 notice if your deposit is not protected or protected late. 

You should get a full refund of the deposit when the tenancy ends unless the landlord has a legal reason to keep your deposit.


What information you are entitled from your Landlord

Your landlord or agent must give you their contact details and those for the deposit protection scheme.

They must also give you a scheme leaflet and written information about: 

  • the deposit amount and address of the tenancy 

  • returning your deposit and when deductions can be made

  • how to use the scheme's dispute resolution service if you cannot agree  

  • what happens if you get no response from your landlord when the tenancy ends

Your landlord or agent must sign a certificate to confirm the information is accurate.


The Elegists
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