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 was adopted in September 2010. A copy of the Policy can be found in Macclesfield Town Hall, Westfields in Sandbach or Crewe Municipal Buildings or can be downloaded; Cheshire East Homelessness Strategy (PDF, 1MB).

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.

If you are threatened with homelessness or are homeless tonight, it is important that you read the information below to understand what to expect from the Local Authority when a Housing options Advisor carries out a homeless test to determine what duty, if any, you are owed under the Housing Act.

If you wish to seek assistance from the Housing Options Team at Cheshire East Council then it is important to make contact as soon as possible with your nearest Housing Options Team. For further information about your local service, please contact the Housing Options Team.

There are five stages to be determined about an applicant during the homeless test. These stages are:

1. Eligibility
2. Homelessness
3. Priority Need
4. Intentional Homelessness
5. Local Connection

The process of considering these criteria is called a homeless investigation and we aim to complete this investigation within 25 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 Duty?

The Local Authority 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.