If your homelessness has not been prevented after 56 days of the relief duty then you will be issued with a homeless decision within a maximum of 15 days.
You are homeless but do not have a priority need
The council will only have a housing duty towards you if you have a priority need as defined by law. This includes:
- You are pregnant.
- You have dependent children living with you or which might reasonably be expected to live with you.
- You have become homeless or threatened with homelessness as a result of a flood, fire or other disaster.
- You are aged 16 or 17 and are not a “relevant child” or a child in need who would be covered by the Children Act 1989 (except a person who is in full-time education and whose term-time accommodation is not available during a vacation – “a relevant student”).
- You are aged under 21 and were looked after, accommodated or fostered between the ages of 16 and 18 (except a “relevant student”).
- You are aged 21 or over and vulnerable as a result of having been looked after, accommodated or fostered between the ages of 16 and 18 (except “a relevant student”).
- You are vulnerable due to “old age, mental or physical disability or other special reason”.
- You are vulnerable as a result of having been a member of her Majesty’s regular navy, military or armed forces.
- You are vulnerable as a result of having served a custodial sentence, being committed for contempt of court or other offence or being remanded in custody.
- You or a member of your household is vulnerable as a result of ceasing to occupy accommodation because of violence or harassment from another person that are likely to be carried out.
If you do not have a priority need then the council will offer you advice and assistance to find your own accommodation.
You are homeless and have a priority need but are homeless intentionally
This means that you have done or not done something that has led to the loss of your accommodation. In this case the council has a duty to accommodate you for a reasonable period while you find your own accommodation and to offer you advice and assistance to do so.
You are eligible, homeless, in priority need and not homeless intentionally but do not have a local connection
You may have a local connection if:
- You have lived in an area by choice for 6 out of the last 12 months or 3 out of the last 5 years.
- You have a family connection in the area.
- You have permanent employment in the area.
- You have a connection to the area for another “special reason”.
If you do not have a local connection to Birmingham then the council has the right to refer you to a local authority where you do have a connection. We will offer you temporary accommodation until the referral is accepted.
You are eligible, homeless, in priority need, not intentionally homeless and you have a local connection.
This is also known as a ‘full duty’. This means that the council must make you an offer of suitable permanent accommodation. Until that offer is found we must find suitable temporary accommodation if required. The shortage of housing in the city means that you may be waiting a long time for your permanent offer especially if your household requires a large property. To avoid a long wait you can consider all other housing options.