Homelessness

What to bring with you

Please bring the following documents with you:

• ID card or passport for every family member
• eviction letter
• tenancy agreement
• letters from a doctor about your health
• proof of pregnancy
• proof of income for example bank statements, wage slips or proof of benefits.

Homeless assessment

We will look at why you are homeless or facing homelessness and at your housing and support needs.

We will ask you to tell us about:

• details of where you have lived before
• size and location of housing
• what you can afford
• any special needs relating to disability or ill health

We might decide that you don’t qualify for an assessment because we think you’re not facing homelessness, or that immigration restrictions mean we can’t help. If this is the case, you will be given a letter to explain the reasons for the decision.

We do not have to offer emergency accommodation to everyone who is homeless, and we will look at the following five conditions to decide whether you qualify for emergency accommodation.

1. You are legally homeless, for example:
   • you have been evicted from your home
   • you are asked to leave by friends or family
   • you must leave due to violence
   • you can’t stay due to fire or flood
   • you are sleeping on the streets
2. You meet immigration conditions, you will usually qualify if you are:
   • a British or Irish citizen living in the UK
   • an EU citizen working in the UK
   • an EU citizen with settled status or permanent residence
   • from outside the EU but allowed to claim benefits

   If you’ve recently lived abroad, you may need to show you’re now settled in the UK, even if you’re British.

3. You are in priority need, if you are:
   • a family with children under 16 years (or under 19 years if still dependent on you)
   • pregnant
   • a care leaver aged 18-20 years
   • homeless due to a fire, flood or other disaster
   • classed as vulnerable (if, for example, you’re disabled or have a serious health condition or you’re at risk of domestic abuse)

   You could be in priority need if you’re aged 16-17 years. In these circumstances, Kent Social Services will have the main duty to accommodate and support you.

   If we think you might meet the first 3 conditions you qualify for emergency accommodation when homeless.

4. You’re homeless through no fault of your own. We may have to provide you with emergency accommodation if you are homeless through no fault of your own. If it is your fault that you’re homeless (which is called being ‘intentionally homeless’) this would not necessarily be the case. This would include if you:
   • were evicted for antisocial or criminal behaviour
   • didn’t pay the rent or mortgage when it was affordable
   • left or gave up your home when you could have stayed
5. You usually need a connection to the area. This is called a ‘local connection’ and includes if you:
   • live (or lived) in the area - for six out of the last 12 months, or three out of the last five years.
   • have family in the area - your close family must have lived in the area for at least five years. Close family is normally limited to parents, children, brothers or sisters
   • work in the area - full or part time work (paid or unpaid) count, but casual work doesn’t
   • were in care in the area (homeless applications made after 3 April 2018 only) - you have a local connection with a council:
     • that owes you leaving care duties
     • where you were in care for two continuous years before your 18th birthday, some of which was before you turned 16 years old

If you don’t have a local connection where you’ve asked for help, we can refer you to a different council where you do.

You qualify for longer term housing if the council decide you meet all five conditions.

If you have been given a notice to leave your accommodation, known as a section 21 notice, please contact us to seek housing advice as soon as possible. We will work with you to ensure your notice is valid, and where possible negotiate with your landlord to prevent you from becoming homeless.

In the meantime, read the following information to understand the process and what you need to do.

Process

Your landlord does not need a reason to end your assured shorthold tenancy (AST) but the section 21 notice must:

• be on a Form 6A
• follow certain rules to be valid

How much notice must you be given?

A section 21 notice must give you at least two months notice. If your rent is due quarterly or every six months, you’re entitled to three or six months notice.

What does the notice look like?

The notice must be on a form 6A if your tenancy started or was renewed on or after 1^st October 2015. If your tenancy began before this date, some of the rules in this section may not apply.

How to check a section 21 is valid

1. Check the form and the dates:
   • your landlord can’t give you a valid section 21 notice during the first four months of your original contract
   • the notice must be on a Form 6A if your tenancy started or was renewed on or after 1^st October 2015
2. Find out if your deposit is protected because a section 21 notice is invalid if either:
   • your deposit is not protected in a scheme
   • it was protected more than 30 days after your most recent contract started

   If your landlord breaks these rules, they can only serve a valid section 21 notice if they return your deposit first.

3. Check your tenancy related documents*

• gas safety certificate
• energy performance certificate
• a record of any electrical inspections within the past five years
• How to rent: the checklist for renting in England

Your section 21 notice may be invalid if you receive these documents after being issued with a notice.

What happens after the notice expires?

Your landlord can apply to a court for a possession order if you stay past the date given on your notice. Your landlord must do this within six months of giving you the section 21 notice. Do contact us to seek housing advice if you haven’t already done so.

What happens if I am taken to court?

After your landlord applies to the court, they will send you papers and a defence form. The papers will inform you which type of possession proceedings your landlord is using.

You should complete and return the defence form to the court if you want to challenge the eviction or ask for more time to stay.

The court can decide to:

• dismiss the case if the section 21 notice is not valid
• order you to leave if the notice is valid

If the court orders you to leave, it usually gives you two weeks to leave the property. You will probably also have to pay your landlord’s court costs.

Bailiffs

If you don’t leave by the date set out in the possession order made by the court, your landlord can apply to the court bailiffs to evict you. The bailiffs will hand deliver a court document called a Form N54 which will notify you of the time and date of the eviction.

Mosaic Resource Centre

From Monday 27 September 2021 Tunbridge Wells Churches will be serving a lunchtime meal for those in need from the Mosaic Resource Centre, 46 Quarry Road, Tunbridge Wells, TN1 2EZ. This will be open from 12.30pm to 1.30pm, Monday to Thursday and most of the food that is served is given as donations. A £1 contribution is requested from those that attend.

Porchlight will also be operating a drop-in service from the Mosaic Centre for anyone who is rough sleeping from 12pm to 2pm on Tuesdays and Thursdays. You do not need to be registered with the Porchlight helpline in order to attend this drop in.

Porchlight

Porchlight’s Kent outreach service works directly with people sleeping rough or who are without accommodation. They operate a 24-hour on call service through their outreach team. You can refer yourself or someone you are aware of that is sleeping rough

St Augustine’s church

The church is on Crescent Road, Tunbridge Wells, TN1 2LY opposite the entrance to the car park. 
A bag of food can be provided on request. Please contact the parish office: 01892 522525 Monday to Friday, 10am to 1pm.

Salvation Army

The Salvation Army, Tunbridge Wells Corps, is based on Bayhall Road, Royal Tunbridge Wells, TN2 4UT (near the Royal Oak Pub). On Wednesdays and Thursdays before midday they offer hot meals, clothing and toiletries and they also have a shower that can be used.

Shelter

Shelter is a national charity that campaigns for homeless people’s rights. They have a free phone advice line and can advise people on issues regarding housing.

Citizens Advice

Citizens Advice is a national organisation that gives independent advice on a wide range of issues such as welfare benefits and housing. If you disagree with a decision that the council has made regarding your homeless application they may be able to help you to request a review of the decision and give you legal advice.