Housing

Introduction

The options for protection available under the civil and criminal law have a number of limitations to their effectiveness, therefore it is likely that many women will continue to rely on alternative safe accommodation for longer term protection from violence for themselves and their children. While there are a number of options, the most viable option is likely to be through the homeless provisions of the Housing Act 1996 (see below) and with help from the local authority housing department. Clients that are council tenants should contact their Local Housing Office; clients that are private sector tenants or owner-occupiers should contact one of the Local Service Centres. (See contact information in Part 2.)

Staying with family or friends

Staying with family or friends is often a first option when women flee from violence at home, however, staying with family and friends may not always be appropriate. Women can feel they will be harshly judged by their family, which can lead to increased feelings of shame and guilt. It is also often only safe for a short period of time as women are often traced and pressured by their abuser. Also, it may not be possible for her to be accommodated for very long, this is especially true if she has children.

Renting privately

Privately rented accommodation is an option in theory, but for many women this is difficult, e.g. for women on benefits, as not all landlords welcome claimants; and for women with children, as many landlords do not accept children. It can be expensive and, therefore, may only be an option for a woman entitled to Housing Benefit through low income or through being on Income Support

Temporary accommodation: refuges and hostels

Women’s refuges provide safe temporary accommodation. This may be the only option to vulnerable women who are in immediate danger of being pursued by their abusers. Refuges provide a high level of casework support, practical help, advice and counselling. (However, most refuges do not take women that have a current drug or alcohol problem.) Not all refuges have public telephone contact numbers and their addresses are highly confidential. They can, however, be accessed through the National Women’s Aid and Refuge Helpline Number: 0808 2000 247. It should be noted that in some refuges local women are not accepted for safety reasons.

If women fleeing domestic violence agree to be temporarily accommodated in a hostel, the priority should be to find a women-only hostel. A woman can go to a women-only hostel directly without approaching a Homeless Person Unit. They can contact Shelter Housing Aid Centre vacancy line on 020 7404 2614, Shelter Emergency Housing on 0800 446441 and Young Women Christian Association (hostels for women throughout London) on 020 7837 3420.

Local authority duties under the Housing Act 1996

The local authority has a duty to help women who cannot live in their home (permanently or temporarily) because of violence. Under the Homelessness Act 2002, local authorities have a number of temporary duties:

·        The local authority has a duty to secure interim accommodation, e.g. in a bed and breakfast, refuge or hostel, whilst it investigates whether it has a further duty, if it believes an applicant may be homeless or is threatened with homelessness and is eligible for assistance and is in priority need.

·        The local authority has a duty to provide accommodation to ,applicants that fit all the following criteria: homeless or threatened with homelessness; eligible for assistance; in priority need; not intentionally homeless; and unable to access other ‘suitable accommodation’. (Local connection is not needed when a person is homeless due to domestic violence.)

·        An accepted applicant will be eligible to bid for permanent accommodation via the Choice Based Lettings Scheme, whilst in temporary accommodation.

A local authority can fulfil its duties to homeless applicants by temporarily housing them in its own accommodation or by giving advice and assistance to help applicants secure access to privately rented accommodation, if it is satisfied that suitable accommodation is available in its area.  The privately rented accommodation can be in the area of client’s choice and the local authority may be able to assist financially towards the deposit and rent in advance. 

Domestic violence and homelessness

The Homelessness Act 2002 has broadened the definition of homelessness for women experiencing domestic violence. In the context of domestic violence, a person is homeless if they do not have accommodation that is available to occupy, without fear of domestic violence. Domestic violence is now defined as violence or threats of violence from a person who is associated with the person under threat. An ‘associated person’ is defined in the Code of Guidance to the Act (and the definition is the same as under Part IV of the Family Law Act 1996, amendment in section 4, Domestic Violence Crime and Victims Act 2004).

Newham Housing Department’s policy defines domestic violence to include actual physical violence, the threat of violence and mental cruelty. Mental cruelty is defined as a pattern of humiliating and threatening behaviour within an abusive relationship, where it would not be reasonable for her to remain in the same household.

Priority need for housing

Homeless people are in ‘priority need’ for accommodation if they are pregnant, have dependent children, are vulnerable (this can be due to old age, mental illness, disability or other special reason, such as domestic violence) or are homeless as a result of an emergency. Once a local authority has established that the applicant is homeless and in priority need, it must then decide if she is homeless intentionally. Local connection is not necessary when a person is homeless due to domestic violence.

The Code of Guidance gives guidance to local authorities on how they should implement the Homelessness Act 2002. The code does not have force of law but local authorities should have regard to it in exercising their functions relating to homelessness and the prevention of homelessness. It makes a number of specific references to the needs of women and children experiencing domestic violence, including good practice recommendations on making enquiries, injunctions, local connection, referrals to other areas, women’s refuges and the vulnerability of women without children who are at risk of violence.

Permanent accommodation

Part VI of the Homelessness Act 2002 requires local authorities to decide who does and who does not qualify for re-housing through local authority permanent accommodation. Asylum seekers and people from abroad that are subject to immigration control do not qualify. The local authority allocations scheme must give ‘reasonable preference’ to a number of groups, including people who are homeless (or threatened with homelessness) and in priority need.

Women and children seeking re-housing because of domestic violence should apply to be put on the housing register list to access permanent accommodation via Choice Based Lettings which will be either through nomination to a housing association or from the local authority’s housing stock.

Housing people with immigration restrictions

The Asylum Act 1996 removed entitlement to local authority accommodation and assistance under homelessness legislation for people with immigration restrictions, i.e. people with no recourse to public funds. It is always advisable to establish a woman’s immigration status before making referrals on their behalf (see Section 13 on Immigration). Also, if already housed, those subject to immigration control cannot be allocated a new tenancy.

Newham Housing Department’s Domestic Violence Policy

Under Newham’s Housing Department Domestic Violence Policy, clients needing help with housing should first contact one of the Local Service Centres. 

If the woman experiencing domestic violence is a council tenant then her Community Housing Officer will need to be informed. The tenant will be referred to Newham’s Domestic Violence Agency for a risk assessment to be carried out. If the outcome of the assessment states that it is not safe for the tenant to remain in the property it may be possible for temporary accommodation to be offered. This decision is made by the Community Housing team, which is part of Newham Homes

For non-council tenants a homeless prevention and advice officer will see the woman and discuss a range of options with her at the Housing Options Centre. If the woman decides that she needs to leave home, and is not interested in the options that are offered then the adviser will refer her to a assessment officer to deal with the homeless application based in the same office. She may then be placed in bed and breakfast or other temporary accommodation.

It is important to advise clients that they are liable for the rent at bed and breakfast and other temporary accommodation. If they are on low income, Income Support or Job Seekers Allowance they should make an application for Housing Benefit to pay the rent.

If the woman is found at the bed and breakfast accommodation by the perpetrator of the domestic violence, the Homeless Person Unit may have a duty to move the applicant and usually this will be to another bed and breakfast.

Perpetrators of Domestic Violence

Newham Council will not tolerate domestic violence by our tenants against their partners or others who live with them. We work with the police and other agencies to use existing legal remedies against any tenant using domestic violence.

Newham Council has a domestic violence policy aimed at helping victims of domestic violence. The council supports victims in taking action against perpetrators. Perpetrators of domestic violence may have other tenancy action taken against them and can be given lower priority or excluded from the waiting list when applying for council housing. The Domestic Violence Policy and Procedure is available as a separate document. Other legal action (such as Anti-Social Behaviour Orders) may be considered where domestic violence affects the community.

Advice and assistance will be given in all cases with the aim of stopping the domestic violence and the anti-social behaviour.

Newham re-housing policy

Both public and private sector applicants are considered for re-housing under the Council’s published allocation scheme, which is a ‘choice-based’ system where the onus is on applicants to apply (bid) for vacant properties that are advertised on a weekly basis. Applicants will be eligible to bid for properties if they have some degree of housing need, such as overcrowding or medical needs. Ongoing domestic violence would be regarded as such a need. Thereafter, bids are prioritised in accordance with the length of time bidders have been registered on the waiting list.  

Emergency re-housing in individual cases may also be agreed, and this would usually apply where a senior police officer recommends that a move is a necessity to prevent the applicant and/or members of the family being placed at risk. Emergency re-housing is dealt with outside the normal, choice-based, allocation scheme and applicants are made a direct offer of suitable accommodation. Only one reasonable offer is made under this scheme. 

In all cases, re-housing is not usually considered where the applicant has outstanding debts to the Council, such as rent arrears.

Both public and private sector applicants that are being re-housed as a racial, sexual, domestic violence or other harassment cases in exceptional circumstances only, are entitled to offers of equivalent type to the property they are moving from. This does not include equivalent floor level, access to garden, heating facilities, or size of rooms

Both public and private sector applicants can also be moved outside London under The LAWN scheme, which is a partnership between authorities in London and councils in the West and North of England who are still experiencing low demand on housing stock.  This is now becoming sparser but it is still possible to move clients under rent deposit scheme people to private sector housing in an area of their choice.  The council can offer financial assistance to pay for: Travel expense to view the property, removal costs plus 4 weeks rent in advance and 4 weeks rent as deposit.

Public and private sector applicants can also make an application to another borough by nomination through the HOMES scheme, providing there are no current rent arrears. (Although HOMES is very rarely able to secure a home within Greater London.) Women fleeing domestic violence can approach another local authority directly for assistance.

For clients re-housed in Newham, the Community Housing Officer dealing with the case should be kept informed of the client’s case progress and whereabouts.

 Joint tenants should always seek legal advice before making a decision to determine their tenancy.

Avoiding homelessness: remaining in her own home

It may be possible for the victim of domestic violence to remain in her present home and prevent herself from becoming homeless. If she wishes to remain in her current home, she should consult a solicitor to look at her legal rights to the home. She should consider whether she feels safe enough to stay in the property and try to get her partner to leave. If, as is most likely, he is not willing to do so, she may wish to apply for an occupation order through the courts to exclude him from the house (see previous section on civil protection).

If the woman is living in an extended family, that is, with her in-laws, she should not assume that the head of the household is the owner, it could be her husband. However, getting an occupation order or asking the partner to leave, may not be practical in this situation, especially if the rest of the family are also abusing her.

Research has shown that many women do not feel safe staying in their own homes. Even if a woman does, she may be at risk during the process of getting legal protection and may need alternative temporary accommodation in a refuge or local authority temporary accommodation, whilst she applies for non-molestation or occupation orders.

Transfer of the tenancy to the woman’s name

If you are a tenant, a joint tenant or cohabiting with a tenant it is now possible to apply under Part IV of the Family Law Act for the tenancy to be transferred to the applicant’s sole name. Unless there is a Court Order in place which permits other persons to occupy the property the tenant has the right to determine who will or who will not be part of the household and can order anyone occupying the property to leave.

Owner occupiers

If the matrimonial home is privately owned, the woman needs to find out whom the property is owned by. If it is in her partner’s name, her solicitor needs to serve a notice to the land registry to put a claim on the property.