Homelessness assessment

Homelessness can mean many things and can happen for many reasons. It’s not your fault. There are different kinds of support and groups that can help you. 

The Housing Executive assesses whether someone is homeless. They will consider whether you are homeless under the legal definition.

You may be at risk of homelessness if you:

• live in unsafe housing
• have health problems that have been affected by your living conditions
• must leave your home within 28 days
• do not have your own home and are staying with friends or family

The Housing Executive is also responsible for tackling and preventing homelessness. They can give you information about your housing options and the duties they owe to you.

Contact the Housing Executive for help

The Housing Executive must look into your situation if they believe you might be homeless. Contact the Housing Executive if you: 

• do not have a home
• cannot stay in your home
• must leave your home within 28 days

The Housing Executive will:

• ask about where you’re living
• find a way to help you stay in your home (only if this is safe)
• talk to you about temporary housing
• start a homelessness assessment to see if they need to give you accommodation

It can take about five weeks for the Housing Executive to do the assessment. Depending on your circumstances, they might have to give you somewhere to stay during this period. Speak to us if the Housing Executive refuses to give you temporary accommodation.

Starting the homelessness assessment

In doing their assessment, the Housing Executive will look at four tests. If you pass these four tests, you will meet the legal definition of being homeless. This will also decide what support the Housing Executive must give you.

The tests look at whether you:

• are homeless or threatened with homelessness (homelessness)
• are eligible for assistance (eligibility)
• are a vulnerable person (priority need)
• made yourself homeless (intentionality)

What a homelessness assessment involves

1. Homeless test

This test checks your current housing situation. The Housing Executive might:

• ask for your most recent address
• talk to your current or previous  landlord
• talk to the people you lived with to find out why you had to leave
• ask for proof that you’re experiencing homelessness 

Proof of experiencing homelessness can include:

• an eviction notice from a landlord
• proof you're living in temporary housing
• statements from people you lived with who told you to move out
• police reports showing you were harassed or victimised in your home
• medical reports showing you have health problems because of your home
• reports from teachers or social workers showing that your children have health problems as a result of your living situation
• statements from someone you talked to about being subject to abuse in your home (for example, a solicitor or counsellor)

2. Eligibility test

This test checks to see if there’s a reason you cannot get homelessness support. This includes if you:

• cannot apply for help with housing because of your immigration status
• have been involved in antisocial or unacceptable behaviour

Unacceptable behaviour  usually  covers the past two years and can include:

• criminal or nuisance behaviour that  upsets your neighbours
• behaviour at a former address or in temporary housing
• behaviour of someone else in your household or a visitor to your home

If you’re in temporary housing when you fail this test, you may be able to stay if you ask for a review of the decision. Our advisers can help you with this process. As part of the review, you will have to explain the reason for your behaviour and how your behaviour changed. For example, if you:

• have a disability
• got treatment or counselling
• now have support services that help you cope  
• were diagnosed with or treated for a specific illness
• were in a situation that affected your behaviour, which has now changed 

3. Priority need test

This test checks if you might be more vulnerable than the average adult if you faced homelessness.

 You will pass this test if you:

• are pregnant
• are younger than 20 and at risk of sexual or financial exploitation
• have dependent children younger than 16, or younger than 18 and in full-time education or a government training scheme
• are homeless or are at risk of homelessness due to violence
• are homeless because of a natural disaster (for example, a flood)
• have medical reports stating you’re vulnerable due to old age, illness, disability or health

4. Intentionality test

This test looks at whether you did or failed to do something that led to your homelessness. The Housing Executive must prove that you made yourself homeless. It’s not your responsibility to prove otherwise. 

The Housing Executive will decide you’re intentionally homeless if:

• your deliberate actions led to you losing your home, and
• you could have kept living in that home

The Housing Executive might say you’re intentionally homeless if you:

• decided not to pay rent when you could afford to
• were evicted because of antisocial behaviour
• ignored advice that would’ve helped you stay in your home

Take care not to get into a situation where the Housing Executive considers you intentionally homeless. If you’re having problems in your home, before you leave: 

• get proof of your situation
• get advice on your housing options
• apply for a homelessness assessment and get your homelessness points 

If you leave without points or proof, the Housing Executive may say you’re intentionally homeless.

You are not intentionally homeless if you lost your home for specific reasons. For example, you:

• had to leave because of someone you lived with
• followed bad advice that led to you losing your home
• were evicted because you complained about the property
• caused antisocial behaviour due to a mental health condition or disability
• could not afford your rent because your situation and needs changed

After the homelessness assessment

Passing all four tests

If you pass all four tests, you’re a ‘full duty applicant (FDA).’ This means you can get: 

• temporary housing while you wait for a home
• 70 housing points, often called ‘homeless points’
• two reasonable offers of long-term accommodation

Depending on your situation, the Housing Executive may also:

• store your belongings while you wait for a home
• pay for your travel costs to temporary housing

Not passing a test

Failing to pass one of the tests will mean a 'negative decision'. The Housing Executive will send a decision letter explaining:

• which test you did not pass and why
• how you can ask for a review of the decision

A negative decision means that the Housing Executive does not need to give you support. They do not need to offer you long-term accommodation. Private housing may be an option for you.

Reviewing a negative decision

If you do not pass all four tests, you can ask for a review of the decision, often called a ‘homelessness review’. A more senior person at the Housing Executive will look at your application. 

You or your representative has 40 days from the date you get the decision letter to ask for a review. But it's not just about asking for a review. The review should explain why you should pass the tests that they say you failed.

Get help from our advisers to ask for and submit a review. We want to help you get the right decision. 

The Housing Executive might have to give you temporary accommodation while they review your decision. If they fail to do this, we can advise you on challenging their decision. 

Appealing a negative decision in court

The next step after asking for a review is a court appeal. This isn't possible for everyone.

Our expert housing advisers can look at your case and submit extra evidence. We can make legal arguments in a review request without going to court so contact Housing Rights as soon as you get a negative decision. 

You can appeal to the county court if you do not pass the review. But you can only appeal on a point of law, not because of your situation and needs. Your options are much more limited if the review is unsuccessful.