The most common reason people do not get help is that they do not think the word applies to them. Sleeping on a sister's sofa is not "homeless" in most people's heads. Under the Housing Act 1988 it can be — and that definition is what opens the door.
Quick facts
- Counts as homeless
- Staying with friends or family because you have nowhere else to go
- Also counts
- Hostels, refuges, temporary B&B or hotel stays
- Adults
- Your local authority is responsible
- Under 18
- Tusla must provide accommodation
- Care needs
- The HSE
- Legal right to housing?
- No — but the council has a general responsibility
You may be homeless even with somewhere to sleep tonight
The legal test has three limbs. You are considered homeless if "There is no accommodation available that you and any other person who normally lives with you, can reasonably stay in. This is in your local authority's opinion."
Or "You are living in a hospital, county home, night shelter or other such institution, and you are living there because you have no suitable accommodation".
Or "You are unable to provide accommodation from your own resources. This is in your local authority's opinion." "This definition of homelessness is outlined in the Housing Act 1988 ."
In practice that generally includes "Staying in an emergency hostel or refuge", "Staying in bed and breakfast or hotel accommodation on a temporary basis" and "Staying temporarily with friends or family because you have nowhere else to go".
That last line is the one to read twice. Couch-surfing is homelessness for this purpose, and saying so to the council is how the process starts.
Who has to help
"There is no legal right to housing in Ireland. However, local authorities have a responsibility to provide housing for adults who cannot afford it themselves, and Tusla must provide accommodation for children who are homeless or in need of care."
Adults. "Local authorities do not have a statutory obligation to house people, but they do have general responsibility under the Housing Act 1988 to provide housing for adults who cannot afford it for themselves."
Children. "Tusla is responsible for providing accommodation for children under 18 who are homeless or in need of care. This is outlined in the Child Care Act 1991."
Care needs. "The Health Service Executive (HSE) has general responsibility for the health and in-house care needs of homeless people."
What to do today
Contact your local authority's homeless services the same day and say plainly that you are homeless, including if you are staying with someone temporarily.
If you are about to lose a tenancy rather than already out of it, act before the date: a notice of termination can open routes like Tenant in Situ and the expedited Local Authority Home Loan — but only while you are still in the property.
Money for a deposit or first month's rent can come from the Additional Needs Payment, and you do not need to be on a social welfare payment to ask for it.
Common questions
Am I homeless if I am staying with friends?
You may be. Staying temporarily with friends or family because you have nowhere else to go is generally treated as homelessness, alongside hostels, refuges and temporary B&B or hotel stays.
Is there a legal right to housing in Ireland?
No. But local authorities have a general responsibility under the Housing Act 1988 to provide housing for adults who cannot afford it, and Tusla must provide accommodation for children who are homeless or in need of care.
Who helps a homeless young person under 18?
Tusla. It is responsible for providing accommodation for children under 18 who are homeless or in need of care, under the Child Care Act 1991.
Who decides if I count as homeless?
Your local authority. Two of the three limbs of the legal definition turn on the local authority's opinion — whether accommodation is available that you can reasonably stay in, and whether you can provide it from your own resources.
Can I get help with a deposit?
You can ask a Community Welfare Officer about the Additional Needs Payment, which can cover a rent deposit or rent in advance and does not require you to be on a social welfare payment.