Housing Options Guide

Homelessness

The Council’s Duty Towards Homeless Persons

Homelessness is something that can happen to anyone, from all walks of life.
Local authorities have a legal duty to help homeless people:

Firstly by interviewing you and assessing your housing situation and providing you with housing advice and assistance.
Secondly, by offering you temporary or permanent accommodation - provided your circumstances meet the criteria set out in Part II of the Housing Scotland Act 1987 as amended by the Housing (Scotland) Act 2001.

In South Ayrshire, people presenting themselves as homeless are interviewed by skilled and experienced staff at the specialised Homelessness Service:

Homeless Service
80–88 Kyle Street,
Ayr, KA7 1RZ
Tel: 01292 611600.

If you are homeless out with office hours contact the Homelessness Standby Service on :- Freephone 0808 1003151

Applicants homeless from outwith the immediate locality of Ayr can be initially interviewed by staff in the following local area housing offices :-

Prestwick
Troon
Maybole
Girvan

If required a follow up interview will later be carried out by the specialised Homelessness Service at Kyle Street in Ayr.

To be accepted as a homeless person for permanent re-housing under the 1987Act you must:

Be homeless or threatened with homeless within 2 months and
Have a priority need and
Not have made yourself intentionally homeless and
Have a local connection with South Ayrshire.

More detailed guidance can be found in the Scottish Government’s Code Of Guidance on Homelessness” May 2005

The code provides guidance on how local authorities interpret each of these criteria.

However, key points to note about each of these criteria are listed below.

Homeless

This means the applicant and anyone who would reasonably be expected to
live with them, falls within the following categories:

They have no accommodation anywhere in Scotland, England or Wales which he or she is entitled to or permitted to occupy.
OR
Is going to be in such a homeless situation within 2 months.
OR
It is unreasonable to expect the applicant to go on living in their present
home

(e.g. due to threats of violence from another member of the household, or
because the accommodation is so substandard that it presents a real danger to the health of the applicant).

Priority Need

You would be classed as being in priority need if you are:

Pregnant or the partner of someone who is pregnant.
A person with dependent children.
Homeless or threatened with homelessness because of an emergency such as a flood, fire or any other disaster.

Vulnerable for another reason, such as:

Being over 60 years old
Chronic illness or serious mental health problems.
Being 16 or 17yrs old or a young person up to and including the age of 21 who was previously looked after by the local authority (i.e.“in care”).
Other special reasons e.g. being at risk of sexual or financial exploitation, domestic violence or racial harassment.

Intentionality

The council must satisfy itself that the applicant did not deliberately do something or fail to do something which resulted in them becoming homeless.

e.g. failing to pay your rent or mortgage for no proper reason; voluntarily giving up a tenancy for no proper reason or being forced to flee your home due to your own criminal or unlawful behaviour.

Local Connection

The applicant must have a local connection with the South Ayrshire area by reason of close family association or recent residential history.
i.e. Living in South Ayrshire for 6 months out of the last 12 or 3 years out of the last 5.

However, applicants in special circumstances are assessed on a case by case basis. This includes people fleeing domestic violence or someone who has no local connection with any other area in the United Kingdom.

Assessment of Homeless Persons

When a person is assessed as being homeless, temporary accommodation will be secured, or if the person has no local connection, they may be referred to another authority.

The council aims to reach a final decision on each application as quickly as possible, most cases are assessed within 28 days.

The assessment period for applications allows Homeless officers enough time to make the necessary enquiries to verify the circumstances of applicant.

Homeless Officers regularly keep applicants informed on the progress being made with the assessment of their application.

Applicants who are unhappy with the final decision that is made on their application have a statutory right to get the decision reviewed.

Applicants are also advised that they have a right to seek independent legal advice.

Appeals against any homeless decision should be submitted in writing within 21 days of the decision to:

Homeless Review Officer
Department of Social Work Housing and Health
Holmston House
3 Holmston Road
AYR
KA8 3BA

The letter of appeal should outline as much detail as possible why the applicant believes the decision is wrong.

Temporary Homeless Accommodation

At any one time about 150 homeless applicants are registered with the Council. In any given year approximately 650 applicants do not fulfil the criteria to obtain permanent accommodation and are only given temporary accommodation and advice and assistance.

The majority of homeless applicants locally are single people or childless couples, but homelessness can affect any type of household. Vulnerable homeless applicants may require additional forms of support to help them through these difficult periods in their lives. The Council has established a Homeless Tenancy Support scheme. Support workers will provide practical help and support to people while in temporary accommodation and in settling into permanent accommodation The Council’s housing staff, also work closely with other Council staff and all the relevant local agencies to ensure that appropriate support is provided.

The type of accommodation used by the Council to house homeless applicants includes:

Direct Access Accommodation offering cooking and laundry facilities. A breakfast club is available within the facility.
Local bed & breakfast establishments.
A council hostel in Ayr with private rooms, en suite shower and shared
facilities.
A council hostel of self contained flats in Troon.
A hostel in Ayr for single people owned and run by Blue Triangle Housing
Association.
A hostel in Ayr owned and run by Women's Aid.
Fully furnished flats owned by the council or R.S.L’s.
Unfurnished flats owned by the council or R.S.L’s

Accommodation is provided to the applicant until a decision is reached on their application.

For households that are not going to be offered permanent accommodation, temporary accommodation and advice and assistance will be offered for a reasonable period to allow the household to secure alternative accommodation.

Due to the high demand placed on the council’s homeless service you can’t choose the temporary accommodation you wish to stay in. However, if you have certain medical requirements, such as difficulty climbing stairs, the council will try to place you in suitable accommodation.

You may find you stay in more different types of accommodation before a decision is made on your application or before you get your own permanent council tenancy.

However, your application will be dealt with as quickly as possible and you will be moved through the system as quickly as possible.

The length of stay in any one type of accommodation varies depending on a number of factors including, the number of homeless applications received by the council, the number of vacant properties allocated to homeless people and the type of accommodation required by individual homeless households.

Rent Charges in Temporary Homeless Accommodation

Direct Access Accommodation

The charge for staying in Direct Access accommodation varies depending on what your income is.

If you are on low pay, receive income support or any other state benefits you should qualify for housing benefit towards the costs.

However, there is a charge of £5.90 per person for using amenities, which is not covered by housing benefit and therefore everyone must pay.

The Breakfast Club facility is currently available and provides a healthy breakfast, free of charge to all residents.

Bed & Breakfast

The charge for staying in bed and breakfast accommodation varies depending on which establishment you are staying in and what your income is.

If you are on low pay, receive income support or any other state benefits you should qualify for housing benefit towards the costs.

However, there is a charge of £8.35 for using amenities and for breakfast, which is not covered by housing benefit and therefore everyone must pay.

Each adult in a household pays £8.35 per week, each child is charged £2.45 per week if they are over 2 years of age. This charge applies whether you take advantage of breakfast in the hotel or not.

Hostels

Rent levels are determined by the Homelessness Service provided in South Ayrshire, and the council has a statutory duty to provide this service.

The rent in hostels varies depending on whether it is council owned or not, what type of accommodation it is (e.g. room only or self contained flat) and what the costs of managing the accommodation and providing the furnishings & facilities available at the hostel are.

On top of the rent charge there is a small amenity charge not covered by housing benefit. Like bed & breakfasts, everyone must pay the amenity charge no matter what their income is.

Residents can apply for housing benefit to help cover their rent.

Temporary Furnished flats

Rent levels are determined by the Homelessness Service provided in the area, and the council has a statutory duty to provide this service.

The rent charged to applicants in this type of accommodation is generally much higher than for general needs housing. This is because the charges have to cover the costs of managing the accommodation and providing the furnishings & appliances.

Rent is charged weekly unlike, permanent tenancies, which are charged on a fortnightly basis. Again, tenants can apply for housing benefit to help cover the their rent. However, tenants are responsible for paying their own gas, electricity, council tax and telephone bill whilst staying in the accommodation.

Unfurnished Flats

The rent charged in unfurnished flats is similar to that charged in other council tenancies, since no furniture or appliances are supplied.

Tenants are also responsible for paying their own gas, electricity, council tax and telephone bill whilst staying in the accommodation.

Permanent Offers of Housing

If you are accepted by the council under the Homeless Act, you will only receive two offers of permanent accommodation.

If both offers are refused then you will have to vacate your temporary accommodation and find your own accommodation, since the council will have fulfilled it’s obligation to them under the 1987 Act.

However, you can appeal against the offer, provided you have a very good reason not to accept the offer.

Appeals must be made in writing within 21 days of an offer to :-

The Homelessness Manager
Homeless Service
80–88 Kyle Street,
Ayr, KA7 1RZ

If your appeal against an offer is turned down by the council, you must either accept the next offer or move out of their temporary accommodation and find your own accommodation.

If an appeal against an offer is successful, the offer will be withdrawn and the applicant will remain in temporary accommodation until another vacancy arises.

What to do if you are Homeless or threatened with homelessness within 2 months

If you are unable to secure your own accommodation or you are threatened with losing your accommodation within the next 2 months, you should seek advice from one of the homeless officers at the Homelessness Service as soon as possible.

This can be done by calling in to the office in person or by phone :-

Homeless Service
80–88 Kyle Street,
Ayr, KA7 1RZ

Tel :- 01292 611600.

Depending on your circumstances, you will either be offered an appointment with a Housing Options Officer or a Homeless Officer.

If you are unable to get to Ayr, you can make a homeless presentation at the
following area housing offices :-

Prestwick
2-6 The Cross,
Prestwick, KA9 1AN
01292 671 666

Troon
Municipal Buildings,
South Beach,
Troon,
KA10 6EJ
01292 313 555

Maybole
64 High Street,
Maybole,
KA19 7BZ
01655 882 124

Girvan
17-19 Knockcushan Street,
Girvan,
KA26 9AG
01465 712 299

Office Hours (Monday – Thursday 8.45 a.m.–4.45 p.m., Friday 8.45 a.m.– 4.00 p.m.)

If you are homeless out with office hours contact the Homelessness Standby Service on :- Freephone 0808 1003151

Attending a homeless interview

Attending a homeless interview is very important. It will give you useful information and advice and should result in you knowing quickly whether you may be entitled to temporary accommodation.

In addition to assessing your application, your Homeless Officer is also responsible for providing you with advice & assistance on any issues relevant to your homelessness.

Discussions are private and confidential.

It is very important that you provide the Officer with full details of your circumstances. Something you might think is not important could make a big difference to the way your case is handled.

In particular, essential information you will be asked for includes the following:

Full details of any medical conditions and regular treatment or medication you receive – it is very important that you give full details during this interview.
Full details of any areas within South Ayrshire where it would be unsafe for you to live.
Full details of why you might need to be considered for housing in any particular areas.

It is also very important that you let your Homeless Officer know of any future changes in your circumstances.

In providing this information at the interview, or as soon as any changes take place, you will assist us provide for your individual needs properly.

It is also important that you are honest and frank about your circumstances in the interview, withholding certain information could prevent you from being given temporary accommodation, which you are entitled to.

Likewise, lying about your circumstances, in the interview is a criminal offence and could lead to temporary accommodation being withdrawn and even charges being brought against you.

Verification of your circumstances and identification may be required, e.g. a letter from your current or most recent landlord, passport, driving license, etc.

Attending a Housing Options Interview

This Council is committed to working towards the prevention and alleviation of homelessness in South Ayrshire. Access to quality accurate advice and assistance is an important element in the prevention of homelessness and in enabling service users to make informed choices on their housing options.

The Housing Options Officer can provide you with information and advice on the full range of Housing Options available to you, working in partnership with other advice and information providers.

Increasing your chances of being housed quickly

Whether you are accepted under homeless legislation or not, you are advised to complete a separate council waiting list housing application in addition to your application under the Homeless Persons Act.

This will increase you chances of getting housed, since your name will be on both the council’s homeless list (if you are accepted) and the council’s waiting list. (See Applying)

Application forms are available from all area housing offices.

Details of how the mainstream allocation system operates are given below.

You should also apply for housing with a number of Registered Social Landlords (Housing Associations and Local Housing Companies).
Details of how to apply to Registered Social Landlords operating in South Ayrshire are given in 'What are Registered Social Landords ' of the Housing Options Guide.

For other Agencies providing housing advice and support see Housing Advice and Support Agencies

Homeless Information Pack

Homeless - Useful Advice and Information (104KB)
Homeless - Your Permanent Accommodation (190KB)
Homeless - Your Homeless Appointment - What Happens Next? (120KB)
Homeless - Your Temporay Accommodation (110KB)

Homeless Review Procedure - Making an appeal against your homeless decision (86KB)
Homeless - Housing Advice and Support in South Ayrshire (162KB)