Homelessness and Social Housing Allocation (Wales) Act 2026

PART 1 — HOMELESSNESS

Help to prevent homelessness

Meaning of “threatened with homelessness”

1

• (1) Section 55 of the Housing (Wales) Act 2014 (anaw 7) (“the 2014 Act”) (meaning of homeless and threatened with homelessness) is amended as follows.

• (2) In subsection (4), for “it is likely that the person will become homeless within 56 days.” substitute

— (a) the person has received written notice requiring the person to give up occupation of the person’s accommodation, (b) an application has been made to the High Court or the county court for an order for possession of the person’s accommodation by another person, or (c) it is likely that the person will become homeless within 6 months (whether paragraph (a) or (b) applies or not).

• (3) After subsection (4) insert—

(5) Subsection (4)(a) applies only to notice requiring a person to give up occupation of accommodation given by a person who appears entitled to give such notice in respect of the accommodation, regardless of— (a) whether the notice is otherwise valid, and (b) the merits of any potential claim for possession of the accommodation by the person who gave the notice.

Help to prevent an applicant from becoming homeless

2

• (1) The 2014 Act is amended as follows.

• (2) Omit section 65 (meaning of help to secure).

• (3) In section 66 (duty to help prevent an applicant from becoming homeless)—

• (a) for subsection (1) substitute—

(1) This section applies if a local housing authority is satisfied that an applicant is threatened with homelessness and eligible for help. (1A) The authority must help to secure that suitable accommodation does not cease to be available for occupation by the applicant by taking reasonable steps likely to achieve that purpose. (1B) Subsection (1A) does not require the authority to secure an offer of accommodation under Part 6 of the Housing Act 1996 (c. 52) (allocation of housing) or otherwise provide accommodation.

;

• (b) in subsection (2), for “(1)” substitute “(1A)”.

Assessment of needs and plans for securing accommodation and support

Duty to assess and notice of outcome of assessment

3

• (1) The 2014 Act is amended as follows.

• (2) In section 62 (duty to assess)—

• (a) in subsection (3), after “applies” insert “and, in sections 85, 86 and 88 only, includes a person who has applied to a local housing authority for accommodation or help in retaining or obtaining accommodation but the authority has decided not to carry out an assessment of the person’s case”;

• (b) in subsection (5)(c)—

• (i) the words from “to retain” to the end become sub-paragraph (i);

• (ii) after “available” insert

, or (ii) to overcome any barrier to living independently

;

• (c) in subsection (5), after paragraph (c) insert—

(ca) the support needed by the applicant to make communication with the applicant in the exercise of functions under this Chapter accessible to the applicant;

;

• (d) in subsection (6)—

• (i) for paragraph (a) substitute—

(a) seek the views of the applicant on the matters that it must assess under paragraphs (a) to (ca) of subsection (5) and have regard to those views;

;

• (ii) for paragraph (b) substitute—

(b) make inquiries relevant to the assessment regarding the personal characteristics and circumstances of the applicant and any member of the applicant’s household.

;

• (e) in subsection (7), for “subsections (5) and (6)” substitute “subsection (5)”;

• (f) omit subsections (9), (10) and (11).

• (3) In section 63 (notice of the outcome of assessment)—

• (a) in the heading, after “assessment” insert “and decisions”;

• (b) before subsection (1) insert—

(A1) If a local housing authority decides not to carry out an assessment of the case of a person who has applied to the authority under section 62, the authority must notify the person and inform the person of the reasons for its decision.

;

• (c) in subsection (1), after “its assessment)” insert “in respect of the matters described in section 62(4) and in paragraphs (a) to (d) of section 62(5)”;

• (d) in subsection (4)—

• (i) after “subsection” insert “(A1),”;

• (ii) in paragraph (a), after “review of the” insert “assessment or”.

Prevention, support and accommodation plans

4

• (1) The 2014 Act is amended as follows.

• (2) After section 63 (notice of the outcome of assessment) insert—

(63A) (1) If a local housing authority considers that it owes a duty to an applicant under the following provisions of this Chapter, the authority must prepare and maintain a prevention, support and accommodation plan (“a plan”) for the applicant. (2) A plan comprises— (a) the written records required by this section, and (b) any written information or advice for an applicant that the local housing authority considers appropriate. (3) A plan may consist of one document or a collection of documents, any of which may be revised in accordance with this section. (4) The local housing authority must have regard to its assessment under section 62 in relation to the applicant and any member of the applicant’s household when preparing and reviewing the plan. (5) The local housing authority must record in writing— (a) the authority’s assessment of the matters described in paragraphs (b), (c) and (ca) of section 62(5), (b) any views of the applicant in relation to those matters, and (c) any steps the authority is to take to communicate with the applicant in the exercise of its functions under this Chapter in a way that is accessible to the applicant. (6) The local housing authority must— (a) seek to identify the outcome the applicant wishes to achieve from the authority’s help, (b) record the outcome in writing, and (c) in preparing and reviewing a plan, have regard to whether the exercise of any function under this Chapter could contribute to the achievement of the outcome. (7) The references to steps to be taken in the following subsections are references to steps taken for or in connection with the purpose of securing that the applicant and any other member of the applicant’s household have and are able to retain suitable accommodation. (8) The local housing authority must try to agree with the applicant— (a) any steps the applicant is to take, and (b) the steps the authority is to take in the exercise of any of its functions (including the social services functions of the authority). (9) If the local housing authority and the applicant reach an agreement, the authority must record it in writing. (10) If the local housing authority and the applicant cannot reach an agreement, the authority must record in writing— (a) why they could not agree, (b) any steps the authority considers it would be reasonable for the applicant to take, and (c) the steps the authority is to take in the exercise of any of its functions (including the social services functions of the authority). (11) The local housing authority must record in writing any other steps of which it is aware that another public authority has agreed to take in relation to the applicant. (12) The local housing authority must— (a) give a copy of any document comprising or forming part of a plan to the applicant; (b) notify the applicant in writing of— (i) the right to request a review of the plan, and (ii) the time within which such a request must be made (see section 85). (13) The local housing authority must keep under review the appropriateness of any agreement reached under subsection (8) or steps recorded under subsection (10)(b) or (c) during the period in which the authority considers that it owes a duty to the applicant under the following provisions of this Chapter or that it may do so. (14) If the authority considers that any agreement reached under subsection (8) or any step recorded under subsection (10)(b) or (c) is no longer appropriate— (a) the authority must notify the applicant, in writing, that it considers the agreement or step is no longer appropriate, and (b) subsections (8) to (12) apply again. (15) A notification under this section or a copy of any document comprising or forming part of a plan, if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority’s office for a reasonable period for collection by or on behalf of the applicant. (63B) (1) If a local housing authority is under a duty to maintain a prevention, support and accommodation plan for an applicant, the authority must review its assessment under section 62 and the plan if any of the circumstances described in subsection (2) apply. (2) The circumstances are that— (a) a period of 8 weeks has passed without a review since completion of the first plan or the last review of the plan; (b) the local housing authority has reason to believe that the circumstances of the applicant, or any member of the applicant’s household, have changed in a way that may affect— (i) accommodation needs, (ii) support needed to help retain accommodation, or (iii) entitlement to help under this Chapter; (c) it appears to the local housing authority that a duty owed to the applicant under section 66 or 76A(2) has or is likely to come to an end because the applicant is homeless.

Reviews

Right to request a review

5

• (1) The 2014 Act is amended as follows.

• (2) In section 84 (notice that duties have ended), after subsection (1), insert—

(1A) Where a local housing authority offers accommodation in the discharge of any duty under this Chapter, it must notify the applicant of the right to request a review of the suitability of the accommodation whether or not the offer is accepted.

• (3) For section 85 (right to request a review) substitute—

(85) (1) An applicant has the right to request a review of the matters in subsection (2), subject to subsections (4) to (7). (2) The matters that may be reviewed are— (a) a decision of a local housing authority as to the applicant’s eligibility for help; (b) a decision of a local housing authority not to carry out an assessment of a person’s case under section 62; (c) an assessment by a local housing authority of the housing needs of the applicant and any member of the applicant’s household; (d) an assessment by a local housing authority of the support needed for the applicant and any member of the applicant’s household— (i) to retain accommodation which is or may become available; (ii) to overcome any barrier to living independently; (e) a prevention, support and accommodation plan; (f) a decision of a local housing authority that a duty is not owed to the applicant under section 66, 68 or 75 (duties to applicants who are homeless or threatened with homelessness); (g) a decision of a local housing authority that a duty is not owed to the applicant under section 76A(2) (duty to provide help to retain suitable accommodation); (h) a decision of a local housing authority that a duty owed to the applicant under section 66, 68 or 75 has come to an end; (i) a decision of a local housing authority that a duty owed to the applicant under section 76A(2) has come to an end; (j) a decision of a local housing authority under section 80 to notify another local housing authority in Wales or England of its opinion that the conditions for referral are met in respect of the applicant; (k) a decision under section 80(5) that the conditions for referral of a case are met; (l) a decision of a local housing authority about the suitability of accommodation offered to the applicant in, or in connection with, the discharge of any duty under this Chapter (whether or not the applicant has accepted the offer). (3) If an applicant makes a request to a local housing authority for a review, the authority must (subject to subsections (4) to (7)) review any matter in subsection (2) that appears to the authority to be relevant, whether the applicant specifies the matter to be reviewed or not. (4) An authority has no duty under this section to review a decision reached on an earlier review. (5) An authority has no duty under this section to review a prevention, support and accommodation plan unless the request for review is made at any time during which the authority is required to maintain the plan. (6) An authority has no duty under this section to review the suitability of accommodation offered to the applicant in, or in connection with, the discharge of any duty under this Chapter unless the request for review is made at any time— (a) before the offer is accepted by the applicant and while the offer remains open, and (b) if the applicant has accepted the offer— (i) at any time when a duty under section 66, 68 or 75 applies to the applicant, or (ii) before the end of a period of 6 months beginning with the first day on which the accommodation is available for occupation by the applicant. (7) An authority has no duty under this section to review any other matter unless the request for review is made before the end of the period of 21 days (or such longer period as the authority may in writing allow) beginning with the day on which the applicant is notified of the authority’s assessment or decision.

• (4) In section 86 (procedure on review)—

• (a) in subsection (2), for paragraph (a) substitute—

(a) require the review to be carried out by a person with the appropriate level of seniority who was not involved in the assessment, decision or plan under review,

;

• (b) in subsection (4)—

• (i) in paragraph (a), for “decision” substitute “assessment, decision or plan”;

• (ii) omit

or (b) to confirm that reasonable steps were taken.

• (5) In section 88 (right of appeal to county court on point of law)—

• (a) in subsection (1), for “or, as the case may be, the original decision or a question as to whether reasonable steps were taken” substitute “on review or, as the case may be, the original assessment, decision or plan”;

• (b) in subsection (4), after “decision” insert “on review or the original assessment, decision or plan”;

• (c) in subsection (5)(a), omit “against the authority’s decision”.

Reform of duties to secure accommodation

Duty to secure accommodation for eligible homeless persons with a local connection to Wales

6

• (1) The 2014 Act is amended as follows.

• (2) Omit—

• (a) section 73 (duty to help to secure accommodation for homeless applicants);

• (b) section 74 (circumstances in which the duty in section 73 ends).

• (3) For section 75 (duty to secure accommodation for applicants in priority need when duty in section 73 ends) substitute—

(75) (1) A local housing authority must secure that suitable accommodation is available for occupation by an applicant if— (a) subsection (2) applies, (b) subsection (4) does not apply, and (c) subsection (7) does not apply. (2) This subsection applies if the local housing authority is satisfied that— (a) the applicant— (i) is homeless, or (ii) has suitable interim accommodation that was made available for occupation by the applicant (whether because of steps the authority has taken or not) at a time when the applicant was homeless or threatened with homelessness, and (b) the applicant is eligible for help. (3) For the purpose of subsection (2)(a)(ii), accommodation is interim if— (a) it is secured under section 68, (b) the applicant intends, when beginning to occupy the accommodation, to occupy it— (i) until the application for help under this Chapter is concluded, or (ii) for a period of less than 12 months beginning with the first day the accommodation is available for occupation, or (c) the person making the accommodation available for occupation intends, when beginning to do so, that it is available for occupation by the applicant— (i) until the application for help under this Chapter is concluded, or (ii) for a period of less than 12 months beginning with the first day the accommodation is available for occupation. (4) This subsection applies if the local housing authority is satisfied that— (a) neither the applicant nor any member of the applicant’s household has a local connection to the area of any local housing authority in Wales, and (b) none of the circumstances in subsection (5) apply. (5) The circumstances are that the applicant or any member of the applicant’s household— (a) is at risk of suffering abuse in an area outside Wales— (i) to which the applicant or other member of the applicant’s household has a local connection, (ii) in which the applicant or other member of the applicant’s household is living or was living, and (iii) is in Wales in relevant circumstances, is living in the area outside Wales where there is a risk of abuse or is living in another area outside Wales for the purpose of seeking refuge from abuse, or (b) falls within a prescribed category of person. (6) In subsection (5)(a)(iii), the relevant circumstances are that immediately before coming to Wales the applicant or other member of the applicant’s household was— (a) living in the area outside Wales where there is a risk of abuse, or (b) living in another area outside Wales for the purpose of seeking refuge from abuse. (7) This subsection applies if— (a) the applicant is a prisoner serving a custodial sentence, and (b) the local housing authority is satisfied that there is no reasonable prospect of the applicant being released from detention before the end of a period of 6 months beginning with— (i) the day the application for help under this Chapter is made, or (ii) if a duty is owed to the applicant under section 66 at any time after the application is made, the day the duty under section 66 comes to an end. (8) Subsection (9) applies if the applicant is— (a) a prisoner, or (b) residing in approved premises. (9) The duty in subsection (1) is to be interpreted as a duty to secure that accommodation is available for occupation by the applicant when the applicant is released from detention or no longer required to reside in approved premises (as the case may be).

• (4) In section 142(3)(b)(ii) (orders and regulations), after “section” insert “75(5)(b),”.