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If you have just been arrested your housing situation may not be a high priority. However, you should think about your housing situation especially if you live alone.
I rent my accommodation and I'm on remand
If you rent your accommodation from a private landlord, the Housing Executive or a housing association you should get 52 weeks' housing benefit while on remand . If you have been told that you aren't eligible for housing benefit get advice immediately.
If you are still on remand after 52 weeks your housing benefit will stop and you will have to give up your lease if you can't pay your rent. If you rent your accommodation with a partner your arrest may make no difference to your housing situation. Your partner can apply for housing benefit on his or her own.
The Housing Executive sometimes asks tenants to end the tenancy early. You are under no obligation to do so. However, if you are unable to pay your rent you will have to give up your lease. You may want to arrange a nominated occupant to live in your home during your absence. A nominated occupant is a family member or friend who is responsible for paying the rent until your release. However, a nominated occupant will not receive housing benefit and has to pay the full rent. Contact your local Housing Executive District Office for more information.
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I own my home and I'm on remand
If you own your home you can't get housing benefit to pay your mortgage repayments. You may be able to apply for help from income support. The rules on getting help with your mortgage interest payments are complicated.
You may be able to get help from the Land & Property Services to pay your rates. This is known as housing benefit (Rate Rebate) .
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I'm about to go to court
You should talk to your solicitor about the possible outcomes of your case. If you will probably be found guilty you should try to organise your housing options before your trial. If it is likely that you may spend time in prison there are a number of options available to allow you to keep your accommodation. Your options will depend on:
- the length of your sentence,
- whether you have previously spent time on remand,
- your financial position.
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I've been sentenced to time in prison
If you are sentenced to more than six months in prison you will not receive any housing benefit after the date of your sentencing. If you are sentenced to less than six months and have not spent any time on remand you will receive housing benefit for 13 weeks. This should enable you to pay for your accommodation while in prison if you receive 50% remission. You will not get any housing benefit if you receive a six month sentence if you have spent some time on remand.
If you rent your home you should consider the possibility of a 'caretaker tenancy'. You can get a family member of friend to take over the tenancy while you are going to be in prison. However, a 'caretaker tenant' can't get housing benefit and will have to pay the full rent. Keep your local Housing Executive District Office informed about your housing benefit and tenancy.
If you own your own home you may be able to take a mortgage payment holiday. You should talk to your lender as soon as possible. You will have to get your lender's permission before you change your mortgage repayments.
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I'm about to be released
If you are about to leave prison you should ensure you have suitable accommodation waiting for you. If you have lost your accommodation while in prison you should try to get accommodation arranged before you are released. Your accommodation upon release is a key part of the resettlement plan you will work on with prison and probation staff.
You can only get a place in a probation hostel if the probation team arrange a place before you are released. Apply well in advance since hostels are sometimes full.
If you think you may have a problem with accommodation upon release you shouldn't wait until just before your release before you start making arrangements.
Special circumstances
If you are a higher risk prisoner your accommodation options may be restricted when you are released. It is possible that you will have to stay in a probation hostel.
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I want to apply as homeless
If you are going to be homeless when you are released you can apply to the Housing Executive up to 28 days before your release. However, the Housing Executive will only assess you when you go to your local District Office when you have been released. The Housing Executive has a legal duty to give housing advice and assistance to anyone who asks in Northern Ireland.
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Other housing options
You can also apply to be housed by either the Housing Executive or a housing association by using the Selection Scheme.
Renting from a private landlord can be an attractive option if you are leaving prison. You can find and move into a place quickly. You have the option of renting for a short period. The type and availability of private housing varies widely as does the cost of renting privately.
Making sure that you have accommodation when you are released from prison is extremely important. Housing can be very complicated but there are advice services available within the prison to help you plan your future accommodation. Advice is also available from the Housing Executive, Housing Rights Service, or NIACRO .
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Homelessness Checklist
