Housing Executive's duty to homeless people

If you are homeless or about to become homeless you should apply to the Housing Executive for help. The Housing Executive has a duty to provide advice on homelessness and its prevention to anyone in Northern Ireland who asks for it.

The Housing Executive must investigate your personal circumstances if you state that you are homeless on the Housing and Transfer Application Form. The level of assistance you will receive from the Housing Executive depends on your personal circumstances.

When does the Housing Executive have to investigate my application?
What happens when I apply as homeless?
Why does the Housing Executive want to interview me?
How will the Housing Executive tell me their decision?
Can I challenge the decision?
What help will I get from the Housing Executive?
When will I get permanent accommodation?
What if the Housing Executive decides I'm not homeless?

When does the Housing Executive have to investigate my application?

The Housing Executive has a legal duty to give housing advice on homelessness and its prevention to anyone in Northern Ireland who asks for it.

The Housing Executive must make enquiries about your housing situation if it believes you are homeless or about to become homeless. The Housing Executive can't make assumptions about your personal circumstances. If the Housing Executive is refusing to accept your homelessness application you should get advice as soon as possible.

What happens when I apply as homeless?

When you apply as homeless, the Housing Executive will:

investigate your housing situation,
interview you and take all the details of your personal circumstances,
offer you temporary accommodation if they think you need it,
protect your belongings (like furniture) if you can't do it yourself,
write to you explaining their decision,
tell you that you are entitled to appeal their decision if you think it is incorrect,
provide you with Full Duty Applicant (FDA) status, worth 70 points, if you meet the four homelessness tests,
provide you with permanent accommodation if you are awarded FDA status,
provide you with temporary accommodation if you are entitled to permanent accommodation but none is available.

Why does the Housing Executive want to interview me?

The Housing Executive will interview you to examine the reasons why you are homeless. The interview will examine your personal circumstances and you should fully explain the reasons why you are homeless. You can bring a friend or an adviser with you to the interview for support. After interviewing you the Housing Executive will decide the level of assistance it must offer you.

How will the Housing Executive tell me their decision?

The Housing Executive must send you a decision letter within 30 days. The letter must include the reasons why the Housing Executive has decided you are not a Full Duty Applicant and not eligible for assistance as a homeless person.

If you haven't received a letter from the Housing Executive explaining the decision within 30 days, you should get advice.

Can I challenge the Housing Executive's decision?

If the Housing Executive decides that you are not homeless on or after 1 December 2010 you have a statutory right to have this decision reviewed. If the review is unsuccesful you may also be able to have your case heard on appeal by a County Court.

The new system for challenging homelessness decisions is quite complex. It is important that you seek advice from a specialist agency, such as Housing Rights Service, before proceeding with this option. There are strict legal time limits in place so, if you want to challenge the decision, you should get advice immediately.

What help will I get from the Housing Executive?

Help from the Housing Executive is not simply limited to permanent accommodation. You may be entitled to temporary accommodation while the Housing Executive makes their decision. You can appeal the Housing Executive's decision if you think they have made a mistake. The Housing Executive may be able to arrange temporary accommodation while you are appealing.

When will I get permanent accommodation?

The Housing Executive will provide permanent accommodation if it is satisfied that you are a Full Duty Applicant (FDA). This means that you are:

If no permanent accommodation is available when the Housing Executive makes their decision you are entitled to temporary accommodation until suitable permanent accommodation becomes available.

You don't have to accept the permanent accommodation the Housing Executive offers you, but you should think carefully before turning down an offer as you will only get three reasonable offers.

What if the Housing Executive decides I'm not homeless?

If the Housing Executive decides you aren't a Full Duty Applicant (FDA) you can challenge the decision. If your review and appeal are unsuccessful you may still be able to get Housing Executive or registered housing association accommodation by using the Selection Scheme . You will usually have to wait longer for accommodation if the Housing Executive has decided you don't meet the homelessness tests.

Renting privately may be an option if the Housing Executive decides you don't meet the homelessness tests. The quality of private rented accommodation varies and it is usually more expensive than Housing Executive or registered housing association accommodation.

If you think that the Housing Executive has not carried out its duties properly you should get advice as soon as possible . An adviser can look into your situation and may be able to put arguments to the Housing Executive on your behalf. Advice is available from Housing Rights Service.