Homelessness
According to the Housing Act 1996 (as amended by the
Homelessness Act 2002) all Local Authorities must have a
Homelessness Strategy in place and Cheshire East's policy is
currently out for consultation. Comments and feedback on the policy
must be made by the 13th August 2010 to The Policy and
Monitoring Officer, Housing Department, Macclesfield Town
Hall, Macclesfield.
A copy of the Policy can be found in Macclesfield Town Hall,
Westfields: Sandbach or Crewe Municipal Buildings or can be
downloaded; Cheshire East
Draft Homelessness Strategy (PDF, 659KB).
Under Part VII of the Housing Act 1996 (as amended by the
Homelessness Act 2002) Cheshire East Council has certain
responsibilities towards people who are homeless or threatened with
homelessness.
From 1st April 2010 Cheshire East Council will be
solely responsible for carrying out homeless tests to determine
whether you are homelessness or threatened with homelessness within
28 days. The information below gives you advice on the stages of
the test that the organisations will use to determine what duty, if
any, you are owed under the Housing Act.
There are five stages to be determined about an applicant during
the homeless test. These stages are:
- Eligibility
- Homelessness
- Priority Need
- Intentional
Homelessness
- Local
Connection
The process of considering these criteria is called a homeless
investigation and it is our duty to complete this investigation
within 28-33 working days. At the end of this investigation the
applicant will receive a written homeless decision.
What is a Homeless Decision?
You will receive a letter outlining how our advisors have
investigated your homelessness and whether they agree that you meet
all of the five criteria and have passed the homelessness test. If
you pass the homelessness test, then your letter will confirm your
offer of a homeless duty. If you do not pass the test you will
receive a letter explaining why and how we made this decision and
the next steps.
What is a Homeless Housing Duty?
The partners will ensure that accommodation is continuously
available for successful applicants until permanent accommodation
is found.
This duty ends when:
- An applicant voluntarily ceases to occupy his
main housing duty accommodation
- An applicant refuses suitable accommodation
provided in performance of the duty.
- An applicant ceases to be eligible for
assistance.
- An applicant becomes intentionally homeless
from his main housing duty accommodation.
- An offer is accepted under Part VI of the
Housing Act.
- An offer under Part VI of the Housing Act is
refused.
- An applicant accepts an offer from a private
sector landlord including an assured tenancy or a qualifying
offer.
What if I don't agree with the Homeless Decision?
Any of the decisions and offers of accommodation made by one of
the organisations are made in accordance with the Housing Act 1996
(as amended).
If you feel that any homeless decision or offer of property is
incorrect you can appeal. Full details of how to appeal will be
given when you receive your homeless decision.
If you are homeless or think you might be homeless soon
contact us as soon as possible.