Threatened with Homelessness

If you need help from us because you are threatened with homelessness we will first look at whether we can help you stay in your present home. For example, this could involve negotiating with a landlord who wants his or her property back or perhaps providing budgetary advice to stop you losing the home you own.

Whatever housing difficulties you may face, we will work with you to see if homelessness can be prevented.

Eligibility for assistance

People subject to immigration control within the meaning of the Asylum and Immigration Act 1996 are not eligible for assistance unless they belong to one of a number of categories specified by the Office of the Deputy Prime Minister. See the link below to 'If you are from Abroad' for more information.

If you fall within one of the categories that would normally make you eligible for assistance, but already have accommodation, however temporary, you are not eligible for assistance.

You will be considered to be homeless if, for example: 

• You have no accommodation that you are legally entitled to occupy in the UK or elsewhere.
• You cannot return home because of violence or the threat of violence if you remain living there.
• You cannot gain entry to your home. 

You will be considered to be 'threatened with homelessness' if you are likely to become homeless within 28 days. 

Threatened eviction by a private landlord or mortgage lender 

If you live in private rented accommodation you will not be accepted as homeless until your landlord has served you with the correct form of Notice requiring you to leave, such as a Court Order for Possession. If you are a homeowner, your mortgage lender will usually be required to obtain a Court Order for Possession.

Our Housing Advisor can advise you as to whether the correct procedures have been followed, telephone (01296) 585167. 

Court Orders for Possession 

If your landlord/mortgage lender gets a Court Order for Possession, they must obtain an eviction warrant before you have to leave your home. In such circumstances you should not leave before an eviction date has been set and there is somewhere for you and your family to go.

It is wise to take legal advice from a solicitor if you think that your landlord wants to evict you. A list of solicitors working within the Legal Aid framework is available from the Citizens Advice Bureau or from AVDC reception, see address book 

The threat of violence 

If you cannot return home because of violence or the threat of violence, you can make a homeless presentation to any local authority, which will then investigate your application.

If you are accepted under the homelessness legislation, the local authority that accepted you cannot refer you to another authority if it would result in you being at risk from violence or the threat of violence. 

Are you in 'priority need'?

You will be considered to be in ‘priority need’ if you: 

• Have a dependent child or children living with you. 
• Have someone in the household who is pregnant.
• Are considered vulnerable due to age (ie 16/17 years or elderly), illness, mental or physical handicap or some other special reason.
• Have someone living with you who is vulnerable due to age, mental or physical handicap or illness, or some other special reason.
• Are a young person, over 18, who used to be in the care of the local authority.
• Recently left prison and are considered to be vulnerable.
• Recently left the Armed Forces and are considered to be vulnerable.
• Are homeless due to an emergency such as a fire or flood.
• Our investigations if you are not in a 'priority need' category 

If we believe you to be homeless, but not in priority need, we will investigate your circumstances to determine whether you are unintentionally homeless. During this period we do not have a duty to provide you with temporary accommodation.

If we find you to be unintentionally homeless you can apply to join our Housing & Transfer Register.

Contact our Housing Advisor on 01296 585167 for advice about private rented accommodation, hostel accommodation and Registered Social Landlords. 

Our investigations if you are a 'priority need' 

We will arrange temporary accommodation for you if you are homeless, in a priority need category, and we need time to investigate your circumstances before deciding on the type of help that we can give you. This may be in a hostel in Aylesbury  or in other privately managed accommodation either in Aylesbury or another town depending on the availability of vacancies. If you are placed in temporary accommodation we offer two options to help you store your belongings. You can either rent a garage or use containerised storage with a local removal company.

Your homelessness officer will advise on the cost of both options and how each scheme works.

It is important to pay all your accommodation charges regularly and any other agreed payments that may relate to past debts. Remember that you must be up to date with your accommodation charges before we can offer you a permanent home.

Homelessness Liaison Officer

Our Homelessness Liaison Officer provides support during what is inevitably a difficult time by acting as a link between people in temporary accommodation and the Council.

The Officer is based at Aylesbury New Lodge and also keeps in touch with families in our other accommodation.

Please do not hesitate to call the Homelessness Liaison Officer on 01296 585119 if you have any problems or worries.

Are you homeless through no fault of your own?

You are considered intentionally homeless when you have deliberately done something, or failed to do something, that has led to you becoming homeless. Examples could be that you: 

• Failed to pay your rent or mortgage.
• Stopped co-operating with your family, if sharing with them, while waiting for another home.
• Violated your tenancy conditions. 

We will write to you, stating our reasons, if we decide that you are intentionally homeless.
If you are intentionally homeless you can still apply to join the Housing & Transfer Register

Do you have local connections with the Aylesbury Vale area? 

If you are homeless, or threatened with homelessness within 28 days, we will investigate your connections with Aylesbury Vale.
If you do not have a local connection we may ask another local authority, where you do have links, to assist in finding alternative accommodation for you.
An exception may be made if you had to leave home because of the threat of violence.
For an explanation of what is a local connection with Aylesbury Vale see How the Housing Register Works.

What if you disagree with our decision?

In deciding whether you are homeless, we carefully consider the facts and make every effort to ensure that our decision is fair and reasonable. Nevertheless, you have a legal right to a review if you disagree with us.

Before requesting a review you are encouraged to discuss your case with your Homelessness Officer.

Within seven days of receiving written notification of our decision you may also write to the Housing Needs and Advice Manager (or the Senior Homelessness and Advice Officer) asking for a reassessment of your case.

Date Updated: 12/05/08