Understanding the Housing Duty Assessment in Northern Ireland

If you’re facing homelessness or eviction in Northern Ireland, it’s essential to know about the Housing Duty Assessment. This assessment is the official process used by the Northern Ireland Housing Executive to decide if you qualify for help with housing. Understanding each step prepares you to get the support you need and avoid unnecessary delays.

What Is a Housing Duty Assessment?

The Housing Duty Assessment is a statutory process managed by the Northern Ireland Housing Executive (NIHE). Its purpose is to determine whether you are legally entitled to assistance with housing if you’ve lost, or are at risk of losing, your home. The assessment is governed by the Housing (Northern Ireland) Order 1988^[1], which lays out your rights as a renter and the responsibilities local authorities have toward people facing homelessness.

This assessment helps vulnerable renters, including those recently evicted, access short-term housing, advice, or long-term solutions. It ensures that support is targeted where it’s needed most.

Who Can Apply for a Housing Duty Assessment?

Anyone who is homeless, about to become homeless within 28 days, or living in unsafe/unhealthy housing has the right to ask for a Housing Duty Assessment through NIHE. Typical qualifying scenarios include:

• Your landlord has evicted you and you have nowhere else to stay
• Your home is unsafe due to disrepair or overcrowding
• You are escaping domestic abuse or severe harassment
• You are leaving care or are at risk after leaving an institution

Key Elements of the Assessment Process

The assessment reviews four main areas to decide if you qualify for help under the Housing (Northern Ireland) Order 1988:

• Eligibility: Your immigration status or past residency
• Homelessness: Whether you are actually homeless or at risk imminently
• Priority Need: If you are considered vulnerable (e.g. have children, are elderly, disabled, or fleeing abuse)
• Intentionality: Whether you became homeless through your own actions or deliberately

Based on these criteria, the Northern Ireland Housing Executive will decide the level of support they are legally required to provide.

How to Start Your Housing Duty Assessment

To begin, contact your local NIHE office or call their Housing Solutions team. You’ll usually need to:

• Attend an interview in person or over the phone
• Provide documentation (such as a notice to quit, eviction notice, utility bills, proof of identity, or medical evidence)
• Fill in required forms

Essential Forms for Your Application

• NIHE Homeless Application Form
  When to use: Submit this as soon as you know you’re homeless or about to be. It collects basic information and is the official start of the process.
  Where to find: Access and download the form from the official NIHE Homeless Application Form page.
• Notice to Quit
  When to use: If you’re being evicted, your landlord must serve this notice. It’s essential to provide a copy to NIHE with your homeless application. For more details on correct notice periods, visit the NI Direct eviction guidance.

If you’re unsure which documents to bring, the NIHE office can advise you based on your circumstances. Promptly gathering paperwork helps move your assessment forward quickly.

What Support Could You Receive?

If your assessment shows you are eligible, homeless, have a priority need, and did not cause your homelessness intentionally, NIHE has a duty to provide suitable accommodation. This can include:

• Emergency or temporary accommodation
• Advice and support for finding longer-term housing
• Help with applying for benefits or accessing local support services

If you don’t meet all criteria, NIHE must still offer general advice and information to assist you in resolving your housing situation.

What If You’re Facing Immediate Eviction?

If your landlord has served a notice to quit or you’re being asked to leave your home with little warning, contact NIHE immediately. While the assessment is pending, emergency accommodation may be arranged to prevent you from sleeping rough. Always keep copies of all correspondence and notices.

Your Rights and The Tribunal System

In Northern Ireland, residential tenancy disputes and appeals related to evictions are overseen by the Northern Ireland Courts and Tribunals Service. For eviction-related matters, the county court typically handles cases brought by landlords; however, housing duty disputes concerning homelessness decisions are reviewed by the internal NIHE review process, with further recourse to the courts if needed.

The main legislation protecting tenants in these situations is the Housing (Northern Ireland) Order 1988.^[1]

FAQ: Housing Duty Assessment in Northern Ireland

1. Who carries out the Housing Duty Assessment in Northern Ireland?
   The Northern Ireland Housing Executive (NIHE) is the body responsible for conducting the Housing Duty Assessment and deciding on legal responsibility to help those facing homelessness.
2. What documents do I need to apply for help if I’m made homeless?
   You should provide proof of identity, your Notice to Quit/eviction letter, recent utility bills, and any medical or vulnerability evidence. Completing the NIHE Homeless Application Form is required.
3. If I am refused help, can I appeal the decision?
   Yes. You have the right to request a written review within 21 days. Details on how to appeal will be in the decision letter from NIHE.
4. How quickly will I know if I am eligible for emergency housing?
   NIHE aims to make decisions promptly, especially for those with urgent need. Sometimes you may be offered emergency accommodation while your assessment is processed.
5. Does NIHE help with private rented accommodation as well?
   Yes. While not always able to prevent eviction, NIHE can offer advice and support in seeking new private rented accommodation or mediating with landlords.

Conclusion: Key Takeaways

• The Housing Duty Assessment helps NIHE decide who is legally entitled to urgent housing support in Northern Ireland
• Act fast and submit all required forms and supporting documents for the best chance at timely help
• If you face a negative decision, you are entitled to a review or to seek advice on your rights

Need Help? Resources for Renters

• Northern Ireland Housing Executive (NIHE) – Main Advice Portal
• NI Direct – Guide to Problems Renting and Eviction
• Law Centre NI – Free Specialist Housing Advice
• Northern Ireland Courts and Tribunals Service – Tribunal Information

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1. Housing (Northern Ireland) Order 1988 – statutory guidance and legal duties for homelessness support and renters’ rights.

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