Legalize
Legalize / United Kingdom / Public General Act

Homelessness Reduction Act 2017

Type Public General Act
Publication 2017-04-27
State In force
Department Statute Law Database
Source legislation.gov.uk
Reform history JSON API

Threatened homelessness

Meaning of “threatened with homelessness”

1

(5) A person is also threatened with homelessness if— (a) a valid notice has been given to the person under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) in respect of the only accommodation the person has that is available for the person's occupation, and (b) that notice will expire within 56 days.

Advisory services

Duty to provide advisory services

2

For section 179 of the Housing Act 1996 (duty of local housing authority to provide advisory services) substitute—

(179) (1) Each local housing authority in England must provide or secure the provision of a service, available free of charge to any person in the authority's district, providing information and advice on— (a) preventing homelessness, (b) securing accommodation when homeless, (c) the rights of persons who are homeless or threatened with homelessness, and the duties of the authority, under this Part, (d) any help that is available from the authority or anyone else, whether under this Part or otherwise, for persons in the authority's district who are homeless or may become homeless (whether or not they are threatened with homelessness), and (e) how to access that help. (2) The service must be designed to meet the needs of persons in the authority's district including, in particular, the needs of— (a) persons released from prison or youth detention accommodation, (b) care leavers, (c) former members of the regular armed forces, (d) victims of domestic abuse, (e) persons leaving hospital, (f) persons suffering from a mental illness or impairment, and (g) any other group that the authority identify as being at particular risk of homelessness in the authority's district. (3) The authority may give to any person by whom the service is provided on behalf of the authority assistance by way of grant or loan. (4) The authority may also assist any such person— (a) by permitting the person to use premises belonging to the authority, (b) by making available furniture or other goods, whether by way of gift, loan or otherwise, and (c) by making available the services of staff employed by the authority. (5) In this section— - “care leavers” means persons who are former relevant children (within the meaning given by section 23C(1) of the Children Act 1989); - “domestic abuse” means— 1. physical violence, 2. threatening, intimidating, coercive or controlling behaviour, or 3. emotional, financial, sexual or any other form of abuse, - “financial abuse” includes— 1. having money or other property stolen, 2. being defrauded, 3. being put under pressure in relation to money or other property, and 4. having money or other property misused; - “hospital” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act); - “regular armed forces” means the regular forces as defined by section 374 of the Armed Forces Act 2006; - “youth detention accommodation” means— 1. a secure children's home, 2. a secure training centre, 3. a secure college, 4. a young offender institution, 5. accommodation provided by or on behalf of a local authority for the purpose of restricting the liberty of children; 6. accommodation provided for that purpose under section 82(5) of the Children Act 1989, or 7. accommodation, or accommodation of a description, for the time being specified by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000 (youth detention accommodation for the purposes of detention and training orders).

Assessments and plans

Duty to assess all eligible applicants’ cases and agree a plan

3

(189A) (1) If the local housing authority are satisfied that an applicant is— (a) homeless or threatened with homelessness, and (b) eligible for assistance, the authority must make an assessment of the applicant's case. (2) The authority's assessment of the applicant's case must include an assessment of— (a) the circumstances that caused the applicant to become homeless or threatened with homelessness, (b) the housing needs of the applicant including, in particular, what accommodation would be suitable for the applicant and any persons with whom the applicant resides or might reasonably be expected to reside (“other relevant persons”), and (c) what support would be necessary for the applicant and any other relevant persons to be able to have and retain suitable accommodation. (3) The authority must notify the applicant, in writing, of the assessment that the authority make. (4) After the assessment has been made, the authority must try to agree with the applicant— (a) any steps the applicant is to be required to take for the purposes of securing that the applicant and any other relevant persons have and are able to retain suitable accommodation, and (b) the steps the authority are to take under this Part for those purposes. (5) If the authority and the applicant reach an agreement, the authority must record it in writing. (6) If the 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 consider it would be reasonable to require the applicant to take for the purposes mentioned in subsection (4)(a), and (c) the steps the authority are to take under this Part for those purposes. (7) The authority may include in a written record produced under subsection (5) or (6) any advice for the applicant that the authority consider appropriate (including any steps the authority consider it would be a good idea for the applicant to take but which the applicant should not be required to take). (8) The authority must give to the applicant a copy of any written record produced under subsection (5) or (6). (9) Until such time as the authority consider that they owe the applicant no duty under any of the following sections of this Part, the authority must keep under review— (a) their assessment of the applicant's case, and (b) the appropriateness of any agreement reached under subsection (4) or steps recorded under subsection (6)(b) or (c). (10) If— (a) the authority's assessment of any of the matters mentioned in subsection (2) changes, or (b) the authority's assessment of the applicant's case otherwise changes such that the authority consider it appropriate to do so, the authority must notify the applicant, in writing, of how their assessment of the applicant's case has changed (whether by providing the applicant with a revised written assessment or otherwise). (11) If the authority consider that any agreement reached under subsection (4) or any step recorded under subsection (6)(b) or (c) is no longer appropriate— (a) the authority must notify the applicant, in writing, that they consider the agreement or step is no longer appropriate, (b) any failure, after the notification is given, to take a step that was agreed to in the agreement or recorded under subsection (6)(b) or (c) is to be disregarded for the purposes of this Part, and (c) subsections (4) to (8) apply as they applied after the assessment was made. (12) A notification under this section or a copy of any written record produced under subsection (5) or (6), 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.

(4) In deciding what advice and assistance is to be provided under this section, the authority must have regard to their assessment of the applicant's case under section 189A.

Duties to those who are homeless or threatened with homelessness

Duty in cases of threatened homelessness

4

(195) (1) This section applies where the local housing authority are satisfied that an applicant is— (a) threatened with homelessness, and (b) eligible for assistance. (2) The authority must take reasonable steps to help the applicant to secure that accommodation does not cease to be available for the applicant's occupation. (3) In deciding what steps they are to take, the authority must have regard to their assessment of the applicant's case under section 189A. (4) Subsection (2) does not affect any right of the authority, whether by virtue of contract, enactment or rule of law, to secure vacant possession of any accommodation. (5) If any of the circumstances mentioned in subsection (8) apply, the authority may give notice to the applicant bringing the duty under subsection (2) to an end. (6) But the authority may not give notice to the applicant under subsection (5) on the basis that the circumstances in subsection (8)(b) apply if a valid notice has been given to the applicant under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) that— (a) will expire within 56 days or has expired, and (b) is in respect of the only accommodation that is available for the applicant's occupation. (7) The notice must— (a) specify which of the circumstances apply, and (b) inform the applicant that the applicant has a right to request a review of the authority's decision to bring the duty under subsection (2) to an end and of the time within which such a request must be made. (8) The circumstances are that the authority are satisfied that— (a) the applicant has— (i) suitable accommodation available for occupation, and (ii) a reasonable prospect of having suitable accommodation available for occupation for at least 6 months, or such longer period not exceeding 12 months as may be prescribed, from the date of the notice, (b) the authority have complied with the duty under subsection (2) and the period of 56 days beginning with the day that the authority are first satisfied as mentioned in subsection (1) has ended (whether or not the applicant is still threatened with homelessness), (c) the applicant has become homeless, (d) the applicant has refused an offer of suitable accommodation and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed, (e) the applicant has become homeless intentionally from any accommodation that has been made available to the applicant as a result of the authority's exercise of their functions under subsection (2), (f) the applicant is no longer eligible for assistance, or (g) the applicant has withdrawn the application mentioned in section 183(1). (9) A notice under this section must be given in writing and, 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. (10) The duty under subsection (2) can also be brought to an end under sections 193B and 193C (notices in cases of applicant's deliberate and unreasonable refusal to co-operate).

Duties owed to those who are homeless

5

(189B) (1) This section applies where the local housing authority are satisfied that an applicant is— (a) homeless, and (b) eligible for assistance. (2) Unless the authority refer the application to another local housing authority in England (see section 198(A1)), the authority must take reasonable steps to help the applicant to secure that suitable accommodation becomes available for the applicant's occupation for at least— (a) 6 months, or (b) such longer period not exceeding 12 months as may be prescribed. (3) In deciding what steps they are to take, the authority must have regard to their assessment of the applicant's case under section 189A. (4) Where the authority— (a) are satisfied that the applicant has a priority need, and (b) are not satisfied that the applicant became homeless intentionally, the duty under subsection (2) comes to an end at the end of the period of 56 days beginning with the day the authority are first satisfied as mentioned in subsection (1). (5) If any of the circumstances mentioned in subsection (7) apply, the authority may give notice to the applicant bringing the duty under subsection (2) to an end. (6) The notice must— (a) specify which of the circumstances apply, and (b) inform the applicant that the applicant has a right to request a review of the authority's decision to bring the duty under subsection (2) to an end and of the time within which such a request must be made. (7) The circumstances are that the authority are satisfied that— (a) the applicant has— (i) suitable accommodation available for occupation, and (ii) a reasonable prospect of having suitable accommodation available for occupation for at least 6 months, or such longer period not exceeding 12 months as may be prescribed, from the date of the notice, (b) the authority have complied with the duty under subsection (2) and the period of 56 days beginning with the day that the authority are first satisfied as mentioned in subsection (1) has ended (whether or not the applicant has secured accommodation), (c) the applicant has refused an offer of suitable accommodation and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed, (d) the applicant has become homeless intentionally from any accommodation that has been made available to the applicant as a result of the authority's exercise of their functions under subsection (2), (e) the applicant is no longer eligible for assistance, or (f) the applicant has withdrawn the application mentioned in section 183(1). (8) A notice under this section must be given in writing and, 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. (9) The duty under subsection (2) can also be brought to an end under— (a) section 193A (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage), or (b) sections 193B and 193C (notices in cases of applicant's deliberate and unreasonable refusal to co-operate).

(1) If the local housing authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they must secure that accommodation is available for the applicant's occupation. (1ZA) In a case in which the local housing authority conclude their inquiries under section 184 and decide that the applicant does not have a priority need— (a) where the authority decide that they do not owe the applicant a duty under section 189B(2), the duty under subsection (1) comes to an end when the authority notify the applicant of that decision, or (b) otherwise, the duty under subsection (1) comes to an end upon the authority notifying the applicant of their decision that, upon the duty under section 189B(2) coming to an end, they do not owe the applicant any duty under section 190 or 193. (1ZB) In any other case, the duty under subsection (1) comes to an end upon the later of— (a) the duty owed to the applicant under section 189B(2) coming to an end or the authority notifying the applicant that they have decided that they do not owe the applicant a duty under that section, and (b) the authority notifying the applicant of their decision as to what other duty (if any) they owe to the applicant under the following provisions of this Part upon the duty under section 189B(2) coming to an end.

;

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.