People leaving prison or youth detention

Keeping your home whilst in prison

If you have a home before going into prison, it is sensible for you to try and keep your home, as finding a new home when leaving prison may not be easy.

It will be easier for you to keep your home if you are on remand or serving a short sentence.

You will need to keep paying your rent.  If you have been receiving support to pay your rent through Housing Benefit or the housing element of Universal Credit this may, in some circumstances, continue to be paid whilst you are in prison.  More information can be found at: 

Benefits and prison: Universal Credit - GOV.UK

You can also telephone Benefits at Torridge District Council on 01237 428700

Can I be evicted whilst in prison?

If you rent your home, you must tell your landlord about your absence and whether you intend to return home after release.  It is preferable to put this in writing (a text or email is acceptable) so that you can keep a record.  If you do not tell your landlord about your absence, they may think you have abandoned your home and take action to end your tenancy.

A landlord does not have to agree to continue the tenancy, but if they wish to end the tenancy, they will need to follow due legal process.

A Registered Provider (social landlord) will not automatically end your tenancy because you are absent.  They will consider the nature of your offence, how long you will be absent and whether you have breached your tenancy.  If you have committed a serious offence, a social landlord may ask you to leave your home.  They will have to follow the correct legal process to end your tenancy.

If you are living in supported accommodation, you must tell your accommodation provider about your absence, or they will think you have abandoned your accommodation.  Whether you can return will depend on how long you will be absent and the type of agreement you have.

If you own your home

If you own your home and have a mortgage, you may be able to get financial assistance to help you pay the interest.  More information can be found at: 

Benefits and prison: Support for Mortgage Interest - GOV.UK

If you will be homeless when released from prison

You should tell prison staff (usually resettlement officers) if you will not have any accommodation on release.

With your consent, the prison can refer you to a local housing authority for help (known as a duty to refer).  This referral should be made around 56 days before you are due for release.  You may receive more help if you are referred to a local housing authority in an area to which you have a local connection.

The local housing authority will want to try and speak to you to find out more about your circumstances before you are released, so that they can agree a plan for helping you.  You may be offered temporary accommodation, although this will depend on your circumstances and is not a certainty.

For more information go to Homeless or at risk of homelessness? | Torridge District Council.

If the local housing authority cannot provide you with temporary accommodation on release and you will be homeless and under probation supervision, the prison may be able to arrange short term accommodation for you.