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Leaving home permanently - What are my housing rights?

Catherine Orr Deas responds

These will vary according to your situation and you should seek specialist advice about your housing rights. You can ask about this at the National Domestic Violence Helpline on 0808 2000 247 or Shelter on 0808 800 4444. Or you could contact your local branch of Citizen's Advice Bureaux. You can also get advice from your local authority housing department.

Your permanent housing options may include:

  • Applying for permanent local authority housing
  • Applying for an exchange or transfer
  • Privately renting or buying homes

Applying for permanent local authority housing

Where can I make my application?

  • You could make a homeless application to your existing local authority if you want to remain in the same area. Some local authority housing officers tell survivors of domestic violence who’ve been made homeless that they must leave the local area. This is not the case and it’s up to you to decide whether you think it is safe (or safe enough) for you to remain in the same area.

  • Some women need to escape violent homes but don’t wish to give up positive things connected to being in a specific area (such as children’s schools, family, community and/or friendship support, work, childcare etc). It may also be the case that you’re in the process of getting a civil injunction to try to keep your ex partner from abusing you or that you’re getting help from the police and criminal courts and so feel protected enough to remain in your local area.

  • If the area to which you are 'previously connected' (usually the place where you experienced domestic violence) is unsafe for you to stay in because staying there would put you at risk of further violence then you can make a homeless application to any local authority in the UK.

  • You don’t need to make that application to the area you’ve moved to temporarily (e.g. where the refuge is).

It’s worth finding out more information on the following issues before you make your final decision:

How likely are they to accept my application?

  • If you don’t have children you should be aware that different local authorities have very different practices regarding providing permanent accommodation to single people made homeless by domestic violence. It would probably be better to try to approach a sympathetic local authority.

How long am I likely to have to wait before I receive a permanent offer of accommodation?

  • Waiting times can vary from a few months to several years depending on the availability of accommodation in a particular area and the number of people making applications to that area.

If I have to live in local authority temporary accommodation before I’m offered permanent accommodation where is this likely to be?

  • Some local authorities accept responsibility for housing applicants and then place them in temporary accommodation that’s miles away from the local area whilst they’re waiting for permanent accommodation to become available. This can be very disruptive to family life and can make it much harder to rebuild your life again.

  • Where you’re going to live is one of the most important aspects of your future life and it’s helpful to consider all the relevant factors before you make long-term decisions about your future housing. Once you’ve decided where to make your application you need to contact the homeless persons unit in that area.

  • It’s helpful to get additional support in making a homeless application from an advocate such as a women’s refuge worker (even if you are not living in a refuge).

  • You may be asked to provide a written statement about why you’re homeless and in need of housing and you’ll need to attend an interview with the housing department if you’re to be accepted onto their housing list.

  • You’re more likely to be successful in a homeless application if you have children as this gives you ‘priority need’ status. There are other factors which affect your application and you can get more information on this from a housing advice centre or a domestic violence agency.

  • You should not be asked for ‘proof’ of violence as this is not a legal requirement under housing law. However it will help your application if you can provide documentation (e.g. letters or reports) from agencies such as the health service, the police, domestic violence projects etc.

  • Local authorities are only obliged to make homeless applicants one offer of ‘suitable accommodation’. If you’re made an offer that you don’t think is suitable, you can challenge the suitability of the offer. Use a housing advocate to do this if possible. Don’t just turn the offer down because this will mean that the local authority no longer has a duty to house you and you will be defined as ‘intentionally homeless’.

  • If your application is turned down and you think this decision is unfair you have the right to appeal this decision. You should seek advice and support from a housing advice advocate or solicitor before appealing these decisions.

  • If you’re appealing decisions you need to act within 21 days or you’ll lose your right to appeal. The local authority have to give you information on how to appeal these decisions.

Applying for an exchange or transfer from your existing local authority or housing association property

If you have an existing tenancy with a local authority or housing association you may wish to consider applying for an exchange or transfer (swapping your existing property for a different one owned by the same Authority or Association) on the grounds that you're experiencing domestic violence.

Some local authorities operate fast track direct exchanges and/or transfers for tenants experiencing domestic violence. You can seek advice from your housing officer (or independent advisors such as Women's Aid or Refuge) about this option.

It's possible that you may need to go into temporary accommodation whilst you're waiting for the transfer or exchange to be arranged and you may therefore need to apply for temporary dual housing benefit to cover the cost of both rents.

Privately renting or buying homes

If you decide to rent privately, you may be eligible for housing benefit.

Your local housing department can give you advice on tenancy agreements and information about places to try. You may need to go into temporary accommodation until you find something suitable.

Some local authority housing advice workers try to encourage women made homeless by domestic violence into the private sector. This is much quicker than making a homeless application but offers less security. If you can only afford this option by claiming housing benefit , you need to think about how this will affect your future work/career opportunities. You many not want to risk becoming dependent on benefits in the long term.

You may be in a position to consider buying somewhere to live but this will inevitably take time so you'll need to make other interim arrangements

See our section on temporary accommodation for further information.

Back to Practical help

This article was last reviewed by Catherine Orr Deas in December 2005.
First published in February 2003.

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