Accommodation
Housing Act 1996, Parts VI and VII
Click to access the Housing Act 1996 [opens in new window].
Part VII of the Housing Act 1996, as amended by the Priority Needs Order 2001 and the Homelessness Act 2002 sets out the homelessness legislation.
A wide body of case law supports the legislation and affects its interpretation (see, for example, http://www.ardenchambers.com/ [opens in new window]). There is also a code of guidance on homelessness to which authorities “must have regard” when carrying out their homelessness functions.
Part VII sets out the circumstances under which local housing authorities have a duty to provide temporary or permanent accommodation.
To trigger a permanent re-housing duty an applicant must demonstrate that s/he:
- is eligible for assistance
This relates to immigration status and habitual residence status in the UK – e.g. asylum seekers are not eligible for assistance under the homelessness legislation. This is a complex area and this website does not provide detailed coverage of this area of the legislation. See sections 185–187, part VII of the Housing Act 1996.
- is homeless
The Act and case law have established statutory definitions of homelessness. Homelessness has a much wider definition than not having a roof over one’s head. See Is the Applicant Homeless?
- is in priority need
Certain groups of individuals have a priority need as set out in the legislation and in the 2001 Priority Needs Order. Only individuals within these groups are entitled to the main ‘housing duty’. See Does the Applicant Have a Priority Need?
- is not intentionally homeless
An applicant must not have caused his/her homelessness. The definition of intentional homelessness is set out in the Act and has evolved through case law. See Is the Applicant Intentionally Homeless?
- has a local connection
Having a local connection is not a pre-requisite for assistance, but will generally determine which housing authority has responsibility for providing accommodation. See Does the Applicant Have a Local Connection?
Points to note
- If an authority has “reason to believe” a person is homeless or threatened with homelessness (i.e. likely to become homeless within 28 days) they have a duty to carry out initial enquiries into a homeless application.
- Where they have reason to believe the applicant is eligible for assistance, homeless and in priority need, they should provide interim accommodation pending completion of their enquiries into his/her homelessness.
- Under section 184 of the Act, a local authority must provide each applicant with a written decision in respect of their application. (See Challenging Decisions and Making Appeals for more on this.)
- The duty is on the local authority to carry out its enquiries and not on the applicant to prove that s/he is homeless.
- The Act does not specify what form a homeless application should take. A phone call from a young person in a YOI, a housing assessment and covering letter from an accommodation officer, or a simple letter directly from a young person will all suffice, as long as it is made clear that the communication is intended to trigger a homeless application under part VII of the Housing Act. On receipt of any such application the housing authority must begin its enquiries into the application. An authority cannot insist on an interview with the applicant prior to starting its enquiries.
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