Housing - Your Rights
Do you need to leave home because you are being abused by your partner?
Do you have anywhere safe to go?
Are you worried about what you will do in the long-term for a home?
Domestic Violence and Housing Rights
The Homelessness Act 2002 makes major changes to housing law and means that more people than ever before can get help from their respective local council.
Housing law is very complicated and involves a lot of jargon. But do not be put off asking for help. Women’s Aid, and your local council housing department can help you.
Are you experiencing or being threatened with domestic violence or abuse?
You may feel you have to leave your home because of physical or sexual violence, threats, abuse or intimidations making it impossible for you to stay in your home if you take action against the person responsible.
If you become or are threatened with homelessness as a result of domestic violence, you will not lose the right to claim benefits and the council may have a duty to house you.
What are my rights?
If you are being abused by the person you live with or by someone you have been associated with, for example an ex-partner or ex-husband, you have the right to leave home and be entitled to emergency or temporary accommodation. You can do this while you decide what to do next. Leaving temporarily will not affect your right to return home or rights in the tenancy or ownership of your home.
How can I do this?
To get temporary accommodation either contact a local Women’s Aid organisation or go to your local council housing department which should have a 24 hour service.
You are entitled to emergency accommodation usually in a refuge or bed and breakfast accommodation, if the council believe you fit certain criteria. To meet these you must be:
Even if you have a roof over your head you can still be homeless because it is considered unsafe to stay there if you are at risk of violence or abuse.
Try and take your children with you when you leave home. In an emergency you can contact the police, social services or the Samaritans who can put you in touch with a local Women’s Aid organisation for refuge and support.
Contacting your local Women’s Aid organisation
Local Women’s Aid organisation provide information, support and practical help about your options and safe temporary accommodation for women and their children who need to leave home because they are experiencing domestic abuse. There are refuges for women and children from specific cultural or ethnic backgrounds, for example Black, Asian, Irish, Jewish or Latin American women. Most Women’s Aid refuges can offer some adaptations for disabled women and children who have different needs. You can go into most refuges 24 hours a day and your children can go with you. You can stay for as long as you need.
If you need to stay in a refuge you can contact your local refuge directly (the number will be in the local telephone directory). Alternatively the police, social services, Citizen’s Advice Bureau or your local housing department will be able to put you in touch with a local refuge. You can also call the Freephone 24 Hour National Domestic Abuse Helpline on 0808 2000 247 (run in partnership between Women’s Aid and Refuge).
What should the council do?
Your local council housing department has a legal duty to provide you with advice about finding somewhere to live and also with temporary accommodation if you are homeless due to domestic abuse. The council may try to persuade you to return home or go and stay with relatives or friends. However, you must remember that you should never be told that you are not entitled to help on the grounds that you left home of your own choice. Never accept this as a reason for refusal of help. Get advice on what to do from Women’s Aid or a solicitor.
Can the council force me to go back home?
No. You may be told that you have to get an injunction (a court order) to keep your violent partner away from you or out of the home so you can return. You do not have to do this unless you want to. If the council put pressure on you to do this they must still provide you with temporary accommodation while you get legal advice or go to a solicitor. You local Women’s Aid organisation can put you in touch with a solicitor who is experienced in family law and in obtaining injunctions.
Will they believe what I say?
The council may tell you they want evidence that you have experienced physical abuse. If you do not have evidence at this stage they cannot use this as an excuse for not providing you with temporary accommodation. The law says that they should provide you with emergency housing first and then make their enquiries.
What if I come from another part of the country?
If you have applied to a housing department for help, they should never force you to return to your home area if you believe you will be at risk of abuse. Neither can they refer you to another ‘council’ if you have suffered abuse within that council’s area and a referral will probably lead to further abuse of a similar kind.
You local council housing department has a legal duty to offer you temporary accommodation whilst they make their enquiries. The law, which gives you the right to temporary accommodation, is the Housing Act 1996 and the Housing Act 2002. You have this right if you rent accommodation from the council, a housing association, a private landlord, or if you own your own home.
The next step- finding a permanent home
If you decide not to return home to your partner, you need to think about finding a permanent home. You can apply to the council for housing. Although councils are no longer required to maintain a single housing register for most this will remain the most practical option. The council will be required to consider every application for housing that meets its own procedural requirements. With a small number of exceptions everyone has the right to apply for available homes. The exceptions are those people who are ineligible for housing, namely people:
Where a local housing authority decides that a household containing children is not eligible for assistance (usually because of their immigration status) or has been found to be ‘intentionally’ homeless, help may be provided by the social services authority under the Children Act 1989.
A recent Court of Appeal case confirmed that social services authorities could use section 17 of the Children Act to provide financial assistance of accommodation in order to protect the welfare of children.
How will my application be dealt with?
This varies from one council to another. When you go to the housing department it is a good idea to take along a friend or a Women’s Aid representative for support. You will probably be interviewed by a Homelessness Officer. You will be warned against giving false information. Tell the officer that you cannot return home because of domestic abuse. Councils which are sympathetic to women in your situation, will accept your word that you have been abused. Others will ask for proof, for example injunctions, police or medical reports. Some councils may want to interview your abusive partner or question your neighbours to check your story. Some may try to get you to take out a court order to remove your partner from your home. You do not have to do this if you don’t want to.
Remember:
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Ask them to tell you exactly who they will interview or write to about you. If you want to object, do so.
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Suggest someone you would be happy that they could check with, e.g. a solicitor, social worker, friends, health visitor, doctor, etc.
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Anything you tell the council should be treated in the strictest confidence and you must tell them that you may be in danger if they are not extremely careful.
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A court order is not the answer for everyone and you may not feel this will make you any safer. You still have the right to emergency housing while you get legal advice.
What if they won’t help me?
If you have difficulty in getting temporary or permanent accommodation, contact either the Freephone 24 Hour National Domestic Violence Helpline, your local refuge organisation, a housing advice centre, law centre, or a solicitor who can give you legal advice under the Community Legal Service Fund. This Fund exists to help people who meet certain eligibility criteria and who cannot afford to pay for legal services. It replaces the civil legal aid scheme.
What if I come from outside the area?
If you are applying to a council outside your home area, they will usually want proof that you will be at risk of further violence if you return to your home area. If you have a ‘local connection’, this will help. A ‘local connection’ may be that you have family living in the area or that you work or have lived there recently. If you do not have a local connection, it can prove difficult to get a council to accept responsibility for housing you. You need to think carefully about how you can show that you will be at risk, if you return to your home area.
How will I know if the council will rehouse me?
You will have the right to be told how your application will be treated and whether and when housing may be offered. You will have the right to ask about the facts which have been considered when making a decision. You have a right of review of a decision with regards to:
The housing department will need to ensure that their review procedures are transparent and accessible to people in housing need. In order to comply with the Human Rights Act it will also be necessary to demonstrate that the review process is fair.
What if I have rent arrears?
The council should not refuse your application because of rent arrears when you have left home because of domestic abuse. However, the council may have a policy of not allocating a new home to you, if you and your partner jointly owed rent at your previous home. Some councils accept that if you leave home because of abuse you should not be held responsible for rent arrears. Others may be prepared to negotiate how much you should have to pay and let you do so in instalments. If the tenancy was in your partner’s name, you cannot be held legally responsible for rent arrears.
Will I be permanently rehoused?
This is possible but by no means certain. Every council must have a scheme for determining priorities in the allocation of housing and the council must give preference to those in priority need. These include:
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People living in unsanitary, overcrowded or unsatisfactory conditions
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People in temporary or insecure housing such as a refuge
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Families with dependent children
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Pregnant women and their households
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Households consisting of, or including someone with a particular need for settled accommodation on medical or welfare grounds and additional preference must be given where the person cannot reasonably be expected to find settled accommodations for themselves in the near future
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Households whose social or economic circumstances are such that they have difficulty in securing sheltered accommodation
Must I have a residence order for my children before applying for rehousing?
No. The following court case may help you to understand the law and will be useful, if you have problems around residence orders.
In 1982 a court case (R v LB Ealing ex parte Sidhu OBD) established in law that councils are not allowed to require custody orders (now replaced by residence orders), before offering housing to a woman and her children homeless because of domestic violence. This now applies to residence orders, which have replaced custody orders under the Children Act 1989.
The Children Act does not allow courts to grant an order in respect of a child unless there is a dispute between parties, e.g. where there is no agreement about who should have care of the child, or in other circumstances when not making an order would have a detrimental effect on the child. If your ex-partner does not want care of the children, you will not need a residence order, and are unlikely to be able to get one even if applied for. The Children Act Advisory Committee have indicated that going to court for residence order to ensure priority needs housing is not sufficient reason to be granted an order. The council should not be requiring the order in the first place and to demand it would be contrary to the central principles of the Children Act.
Do I have any choice in the home I get offered?
Not always. The council should take into account where you would like to be housed, for example, near to relatives or away from your partner. They are only obliged to make you an offer of suitable accommodation, but the property should be large enough to accommodate your needs and in good repair. Be very careful about refusing an offer for housing and before doing so get advice from your local Women’s Aid organisation or a housing advice centre. Also check if there is an appeal procedure. You will need to be clear about your reasons for refusing. You may not get another offer if you cannot show that the accommodation was unsuitable.
What if I no longer live with my partner but have to leave home because of harassment?
The council may still be able to help you.
The Housing Act 1996 says it is unreasonable for you to continue to occupy your home if this will lead to domestic abuse against you by someone who must be ‘associated’ with you. Associated persons are defined as follows:
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Those who are or have been married to one another
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Cohabitants and former cohabitants
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Those who live or have lived in the same household other than by reason of one of them being the other’s employee, tenant, lodger, boarders or certain relatives (e.g. grandparents, in-laws, brother, sisters)
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Those who have agreed to marry one another
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In relation to a child, each person who is a parent or has or had parental responsibility for the child
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Certain persons in relation to an adopted child
Can I make my partner leave my home?
You may be able to apply for an injunction (a court order) to exclude your partner or ex-partner from your home under the Family Law Act 1996 Part 1 V. This is called an occupation order.
Under this Act, there are two types of order you can apply for: an occupation order and a non-molestation order. You can apply for both types of order together, but to get either of them you must be an ‘associated’ person.
An occupation order determines who can live in the house, and can order a violent or abusive partner to leave the home. If you are not already a joint tenant or co-owner, you can only apply for an occupation order if you are or have been married or cohabiting with your abuser. It is only a temporary housing solution, usually made for six months initially, and then it may be renewed depending on your status. If you are cohabiting but are not the legal tenant or owner, the maximum period is one year.
A non-molestation order can order your partner or ex-partner to stop doing particular actions or behaviour or to stop general pestering or threatening of you or your children. A non-molestation order can be made for six months, and can be renewed for an indefinite period.
Unless you are on benefit, have only a very low income or a small amount of savings you may have to pay a contribution to the cost of obtaining the court order. You can get more information about how to get an injunction from Women’s Aid, a housing advice centre or a solicitor specializing in family law.
What other options do I have?
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You can apply direct to a local housing association for re-housing. You can get a list from your local council of housing associations and registered social landlords in the area.
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You can look for a property from a private landlord and your local council can provide advice and assistance about how to do this.
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You may be in a position to consider buying your home. Some housing associations have a shared ownership scheme which allows you to purchase a percentage of your home and rent the remainder.
If you are still uncertain about your housing rights, contact your local citizen’s advice bureau or women’s refuge. You do not have to be staying in a women’s refuge to get help and support from your local Women’s Aid organisation.