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If you had safe and secure accommodation before going into custody, you should try to maintain it, if possible, for the duration of your prison term.
This is important if you are sentenced to a short time in prison or on remand, as you may be released back into the community straight from the court.
It may not always be reasonable to keep your home, especially if you are serving a long sentence and maintaining your home gets you in serious debt. The decision to keep or give up your home will depend on your personal circumstances and the type of housing you have. Discuss your options with a prison housing adviser or resettlement officer as soon as you can.
Renting privately
Maintaining private rented accommodation can be quite costly, but it is not impossible. If you rent privately, you will need to notify your landlord of your absence and let your landlord know that you intend to return to your home after release. You should telephone or write a letter to your landlord or ask a resettlement officer to liaise with your landlord for you.
If you do not tell your landlord what is happening, he/she may assume you left the property and lease it to somebody else.
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Renting from the Housing Executive or a housing association (social landlord)
You will not automatically lose your Housing Executive or housing association house by being placed in custody.
However, if you are in custody for an offence which also breaches your tenancy terms, the Housing Executive or housing association may consider asking you to leave your house.
Notifying your landlord of your absence should be your first step if you want to keep your home. Let the Housing Executive or housing association know that you intend to return to it after release. You should ask a prison housing adviser to liaise with your landlord on your behalf. If you do not let your landlord know that you are not currently living in the property, they may think that you have abandoned the property and could terminate your tenancy,
In certain circumstances, your social landlord may allow you to appoint somebody to live in your home and pay the rent in your place. This means the Housing Executive or housing association agrees to your nominated occupant living in your home during your absence.
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Owning your home
If you own your home and pay a mortgage on it, you will need to notify your mortgage provider that you are in prison, as this may mean that you may not be able to keep up with the mortgage payments.
Depending on the nature of your custody, you may be eligible for some help with your mortgage costs . Alternatively, you may try negotiating with your lender about freezing your payments for the duration of your prison term. If you miss your mortgage payments while in prison, you will end up in debt and your house may eventually get repossessed.
If you are a homeowner, ask your resettlement officer for additional support with debt and mortgage problems.
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Help with housing costs
Depending on your circumstances, you may be able to claim help with your housing costs to enable you to keep your home. This may be in the form of housing benefit if you are renting your accommodation from a social landlord, local housing allowance if you are renting privately or mortgage interest relief and mortgage support if you pay a mortgage for your home.
As a tenant, you will only be able to claim housing benefit or local housing allowance if you are:
- imprisoned on remand,
- your total time in prison is not expected to exceed 13 weeks.
As a homeowner, you will only be able to get help with mortgage payments if you are on remand. Sentenced prisoners cannot get mortgage interest relief or mortgage support. If you expect your home to be vacant for a considerable period, you may also be able to request that you stop paying your rates until you return. If you need to claim help with housing costs while you’re in prison, seek advice as soon as possible.
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