If you have a tenancy of your own and know that you could be facing a prison sentence, you may be able to keep your tenancy. There are some things you'll need to consider, however.
If you have a local authority tenancy:
- You may be able to sign over to someone else who has lived with you for at least 12 months or sub-let your tenancy.
- If you're in receipt of Universal Credit, this may still be paid to your landlord if you're held on remand for up to six months.
- Think about the security of the property:
- Does someone else have a key?
- Do you have any pets that will need to be cared for?
- Have you made plans to redirect your mail?
If you receive a sentence longer than 13 weeks, you'll be asked to end the tenancy.
If you have a private let:
- Think about how long you have left on your current lease.
- Tell your landlord you may be facing a sentence. They may be prepared to allow your tenancy to continue if they'll still receive Local Housing Allowance.
Universal Credit
You may be able to continue getting Universal Credit or make a claim for the first time if you go to prison or are on remand.
You won’t be entitled to claim if:
- You’re likely to be on remand for more than 26 weeks.
- You’re likely to be in prison for more than 13 weeks (including any time on remand).
- You’re not intending to return home on release.
- You’re claiming as a couple and you’ve split up.
- The property is going to be rented out.
You can find out more about benefits and prison on GOV.UK
When remanded into custody from a temporary accommodation address:
- accommodation will be withdrawn, and all personal belongings will be disposed of per the Occupancy Agreement.
What should you do:
- ask the SPS officer to contact Fife Council to advise that you are in custody
- provide the name and contact details of a friend or family member who can be contacted by Fife Council to uplift your personal belongings
- contact a friend or family member and ask them to contact Fife Council on your behalf to arrange uplift of personal belongings
- request an appointment with a prison officer to meet with Fife Council Housing Services to discuss options.
NOTE - Consent will be required from you to allow the uplift of belongings.
Home Detention Curfews (HDC)
We won't provide a temporary accommodation address for the purposes of HDC.
If applying for HDC, it'll be your responsibility to identify an address.
Fife Council can provide:
- advice re suitability of address proposed
- effect on Universal Credit/council tax
- anti-social behaviour - repercussions
Request an appointment with a prison officer to meet with Fife Council Housing Services to discuss options.
Advice on Homelessness
If you will be released from custody without accommodation:
- request an appointment with a prison officer to meet with Fife Council Housing Services to discuss options.
What can we offer:
- advice and legal rights with regard to accessing local authority or housing association accommodation
- homelessness assessment
- private letting agencies
- support requirements
- financial / benefit advice
- if unable to return to a previous address.
What can you expect if accessing Fife Council homeless accommodation on your day of liberation:
- accommodation in a hostel, project, shared property or sole occupancy property
- Fife Council operate a Fife-wide policy with regard to temporary accommodation and you must therefore be willing to accept accommodation wherever there is availability.
What can you expect in temporary accommodation:
- hostel or project
- this will include shared kitchen, bathroom and lounge facilities with access to a TV
- shared property
- this will include shared kitchen, bathroom and lounge facilities, bedding, and towels (this is subject to change)
- sole occupancy property
- this will include only white goods, bed and sofa
- it will be your responsibility to access bedding (including duvet and pillows), towels, small electrical items (e.g. kettle, toaster), cutlery & crockery, pots & pans, and television.
Temporary Accommodation Info
- Depending on when you arrive in Fife, it may not always be possible to carry out the necessary gas safety checks on day of release. This may mean that you're without heating and hot water for a day, or a weekend if it's a Friday release.
- If suitable accommodation can be found prior to release, the information will be passed via your prison officer the day before release.
Support to Sustain a Tenancy
What can you expect from your Fife Council Housing Officer:
- assistance with paperwork for Universal Credit and Council Tax
- weekly visits to check on tenancy and pick up on any repairs required / concerns
- link to the Homeless Persons Officer for advice with regard to resettlement into permanent housing
- tenancy assistance - e.g. occupancy agreement, form filling, assisting with mail, arranging appointments
- referrals for tenancy support.
