Office of Public Sector Information
(1) A person is homeless if he has no accommodation available for his occupation, in the United Kingdom or elsewhere, which he—
(a) is entitled to occupy by virtue of an interest in it or by virtue of an order of a court,
(b) has an express or implied licence to occupy, or
(c) occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of another person to recover possession.
(2) A person is also homeless if he has accommodation but—
(a) he cannot secure entry to it, or
(b) it consists of a moveable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted both to place it and to reside in it.
(3) A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy.
(4) A person is threatened with homelessness if it is likely that he will become homeless within 28 days.
Accommodation shall be regarded as available for a person’s occupation only if it is available for occupation by him together with—
(a) any other person who normally resides with him as a member of his family, or
(b) any other person who might reasonably be expected to reside with him.
References in this Part to securing that accommodation is available for a person’s occupation shall be construed accordingly.
(1) It is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to domestic violence against him, or against—
(a) a person who normally resides with him as a member of his family, or
(b) any other person who might reasonably be expected to reside with him.
For this purpose “domestic violence”, in relation to a person, means violence from a person with whom he is associated, or threats of violence from such a person which are likely to be carried out.
(2) In determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation, regard may be had to the general circumstances prevailing in relation to housing in the district of the local housing authority to whom he has applied for accommodation or for assistance in obtaining accommodation.
(3) The Secretary of State may by order specify—
(a) other circumstances in which it is to be regarded as reasonable or not reasonable for a person to continue to occupy accommodation, and
(b) other matters to be taken into account or disregarded in determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation.
(1) For the purposes of this Part, a person is associated with another person if—
(a) they are or have been married to each other;
(b) they are cohabitants or former cohabitants;
(c) they live or have lived in the same household;
(d) they are relatives;
(e) they have agreed to marry one another (whether or not that agreement has been terminated);
(f) in relation to a child, each of them is a parent of the child or has, or has had, parental responsibility for the child.
(2) If a child has been adopted or has been freed for adoption by virtue of any of the enactments mentioned in section 16(1) of the [1976 c. 36.] Adoption Act 1976, two persons are also associated with each other for the purposes of this Part if—
(a) one is a natural parent of the child or a parent of such a natural parent, and
(b) the other is the child or a person—
(i) who has become a parent of the child by virtue of an adoption order or who has applied for an adoption order, or
(ii) with whom the child has at any time been placed for adoption.
(3) In this section—
“adoption order” has the meaning given by section 72(1) of the Adoption Act 1976;
“child” means a person under the age of 18 years;
“cohabitants” means a man and a woman who, although not married to each other, are living together as husband and wife, and “former cohabitants” shall be construed accordingly;
“parental responsibility” has the same meaning as in the [1989 c. 41.] Children Act 1989; and
“relative”, in relation to a person, means—
the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of that person or of that person’s spouse or former spouse, or
the brother, sister, uncle, aunt, niece or nephew (whether of the full blood or of the half blood or by affinity) of that person or of that person’s spouse or former spouse,
and includes, in relation to a person who is living or has lived with another person as husband and wife, a person who would fall within paragraph (a) or (b) if the parties were married to each other.
(1) Every local housing authority shall secure that advice and information about homelessness, and the prevention of homelessness, is available free of charge to any person in their district.
(2) The authority may give to any person by whom such advice and information is provided on behalf of the authority assistance by way of grant or loan.
(3) A local housing authority may also assist any such person—
(a) by permitting him 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.
(1) The Secretary of State or a local housing authority may give assistance by way of grant or loan to voluntary organisations concerned with homelessness or matters relating to homelessness.
(2) A local housing authority may also assist any such organisation—
(a) by permitting them 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.
(3) A “voluntary organisation” means a body (other than a public or local authority) whose activities are not carried on for profit.
(1) This section has effect as to the terms and conditions on which assistance is given under section 179 or 180.
(2) Assistance shall be on such terms, and subject to such conditions, as the person giving the assistance may determine.
(3) No assistance shall be given unless the person to whom it is given undertakes—
(a) to use the money, furniture or other goods or premises for a specified purpose, and
(b) to provide such information as may reasonably be required as to the manner in which the assistance is being used.
The person giving the assistance may require such information by notice in writing, which shall be complied with within 21 days beginning with the date on which the notice is served.
(4) The conditions subject to which assistance is given shall in all cases include conditions requiring the person to whom the assistance is given—
(a) to keep proper books of account and have them audited in such manner as may be specified,
(b) to keep records indicating how he has used the money, furniture or other goods or premises, and
(c) to submit the books of account and records for inspection by the person giving the assistance.
(5) If it appears to the person giving the assistance that the person to whom it was given has failed to carry out his undertaking as to the purpose for which the assistance was to be used, he shall take all reasonable steps to recover from that person an amount equal to the amount of the assistance.
(6) He must first serve on the person to whom the assistance was given a notice specifying the amount which in his opinion is recoverable and the basis on which that amount has been calculated.
(1) In the exercise of their functions relating to homelessness and the prevention of homelessness, a local housing authority or social services authority shall have regard to such guidance as may from time to time be given by the Secretary of State.
(2) The Secretary of State may give guidance either generally or to specified descriptions of authorities.
(1) The following provisions of this Part apply where a person applies to a local housing authority for accommodation, or for assistance in obtaining accommodation, and the authority have reason to believe that he is or may be homeless or threatened with homelessness.
(2) In this Part—
“applicant” means a person making such an application,
“assistance under this Part” means the benefit of any function under the following provisions of this Part relating to accommodation or assistance in obtaining accommodation, and
“eligible for assistance” means not excluded from such assistance by section 185 (persons from abroad not eligible for housing assistance) or section 186 (asylum seekers and their dependants).
(3) Nothing in this section or the following provisions of this Part affects a person’s entitlement to advice and information under section 179 (duty to provide advisory services).
(1) If the local housing authority have reason to believe that an applicant may be homeless or threatened with homelessness, they shall make such inquiries as are necessary to satisfy themselves—
(a) whether he is eligible for assistance, and
(b) if so, whether any duty, and if so what duty, is owed to him under the following provisions of this Part.
(2) They may also make inquiries whether he has a local connection with the district of another local housing authority in England, Wales or Scotland.
(3) On completing their inquiries the authority shall notify the applicant of their decision and, so far as any issue is decided against his interests, inform him of the reasons for their decision.
(4) If the authority have notified or intend to notify another local housing authority under section 198 (referral of cases), they shall at the same time notify the applicant of that decision and inform him of the reasons for it.
(5) A notice under subsection (3) or (4) shall also inform the applicant of his right to request a review of the decision and of the time within which such a request must be made (see section 202).
(6) Notice required to be given to a person under this section shall be given in writing and, if not received by him, shall be treated as having been given to him if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.
(1) A person is not eligible for assistance under this Part if he is a person from abroad who is ineligible for housing assistance.
(2) A person who is subject to immigration control within the meaning of the [1996 c. 49.] Asylum and Immigration Act 1996 is not eligible for housing assistance unless he is of a class prescribed by regulations made by the Secretary of State.
(3) The Secretary of State may make provision by regulations as to other descriptions of persons who are to be treated for the purposes of this Part as persons from abroad who are ineligible for housing assistance.
(4) A person from abroad who is not eligible for housing assistance shall be disregarded in determining for the purposes of this Part whether another person—
(a) is homeless or threatened with homelessness, or
(b) has a priority need for accommodation.
(1) An asylum-seeker, or a dependant of an asylum-seeker who is not by virtue of section 185 a person from abroad who is ineligible for housing assistance, is not eligible for assistance under this Part if he has any accommodation in the United Kingdom, however temporary, available for his occupation.
(2) For the purposes of this section a person who makes a claim for asylum—
(a) becomes an asylum-seeker at the time when his claim is recorded by the Secretary of State as having been made, and
(b) ceases to be an asylum-seeker at the time when his claim is recorded by the Secretary of State as having been finally determined or abandoned.
(3) For the purposes of this section a person—
(a) becomes a dependant of an asylum-seeker at the time when he is recorded by the Secretary of State as being a dependant of the asylum-seeker, and
(b) ceases to be a dependant of an asylum-seeker at the time when the person whose dependant he is ceases to be an asylum-seeker or, if it is earlier, at the time when he is recorded by the Secretary of State as ceasing to be a dependant of the asylum-seeker.
(4) In relation to an asylum-seeker, “dependant” means a person—
(a) who is his spouse or a child of his under the age of eighteen, and
(b) who has neither a right of abode in the United Kingdom nor indefinite leave under the [1971 c. 77.] Immigration Act 1971 to enter or remain in the United Kingdom.
(5) In this section a “claim for asylum” means a claim made by a person that it would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention for him to be removed from, or required to leave, the United Kingdom.
(1) The Secretary of State shall, at the request of a local housing authority, provide the authority with such information as they may require—
(a) as to whether a person is or has become an asylum-seeker, or a dependant of an asylum-seeker, and
(b) to enable them to determine whether such a person is eligible for assistance under this Part under section 185 (persons from abroad not eligible for housing assistance).
(2) Where that information is given otherwise than in writing, the Secretary of State shall confirm it in writing if a written request is made to him by the authority.
(3) If it appears to the Secretary of State that any application, decision or other change of circumstances has affected the status of a person about whom information was previously provided by him to a local housing authority under this section, he shall inform the authority in writing of that fact, the reason for it and the date on which the previous information became inaccurate.
(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 shall secure that accommodation is available for his occupation pending a decision as to the duty (if any) owed to him under the following provisions of this Part.
(2) The duty under this section arises irrespective of any possibility of the referral of the applicant’s case to another local housing authority (see sections 198 to 200).
(3) The duty ceases when the authority’s decision is notified to the applicant, even if the applicant requests a review of the decision (see section 202).
The authority may continue to secure that accommodation is available for the applicant’s occupation pending a decision on a review.
(1) The following have a priority need for accommodation—
(a) a pregnant woman or a person with whom she resides or might reasonably be expected to reside;
(b) a person with whom dependent children reside or might reasonably be expected to reside;
(c) a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside;
(d) a person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster.
(2) The Secretary of State may by order—
(a) specify further descriptions of persons as having a priority need for accommodation, and
(b) amend or repeal any part of subsection (1).
(3) Before making such an order the Secretary of State shall consult such associations representing relevant authorities, and such other persons, as he considers appropriate.
(4) No such order shall be made unless a draft of it has been approved by resolution of each House of Parliament.
(1) This section applies where the local housing authority are satisfied that an applicant is homeless and is eligible for assistance but are also satisfied that he became homeless intentionally.
(2) If the authority are satisfied that the applicant has a priority need, they shall—
(a) secure that accommodation is available for his occupation for such period as they consider will give him a reasonable opportunity of securing accommodation for his occupation, and
(b) provide him with advice and such assistance as they consider appropriate in the circumstances in any attempts he may make to secure that accommodation becomes available for his occupation.
(3) If they are not satisfied that he has a priority need, they shall provide him with advice and such assistance as they consider appropriate in the circumstances in any attempts he may make to secure that accommodation becomes available for his occupation.
(1) A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.
(2) For the purposes of subsection (1) an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.
(3) A person shall be treated as becoming homeless intentionally if—
(a) he enters into an arrangement under which he is required to cease to occupy accommodation which it would have been reasonable for him to continue to occupy, and
(b) the purpose of the arrangement is to enable him to become entitled to assistance under this Part,
and there is no other good reason why he is homeless.
(4) A person who is given advice or assistance under section 197 (duty where other suitable alternative accommodation available), but fails to secure suitable accommodation in circumstances in which it was reasonably to be expected that he would do so, shall, if he makes a further application under this Part, be treated as having become homeless intentionally.
(1) This section applies where the local housing authority—
(a) are satisfied that an applicant is homeless and eligible for assistance, and
(b) are not satisfied that he became homeless intentionally,
but are not satisfied that he has a priority need.
(2) The authority shall provide the applicant with advice and such assistance as they consider appropriate in the circumstances in any attempts he may make to secure that accommodation becomes available for his occupation.
(1) This section applies where the local housing authority are satisfied that an applicant is homeless, eligible for assistance and has a priority need, and are not satisfied that he became homeless intentionally.
This section has effect subject to section 197 (duty where other suitable accommodation available).
(2) Unless the authority refer the application to another local housing authority (see section 198), they shall secure that accommodation is available for occupation by the applicant.
(3) The authority are subject to the duty under this section for a period of two years (“the minimum period”), subject to the following provisions of this section.
After the end of that period the authority may continue to secure that accommodation is available for occupation by the applicant, but are not obliged to do so (see section 194).
(4) The minimum period begins with—
(a) if the applicant was occupying accommodation made available under section 188 (interim duty to accommodate), the day on which he was notified of the authority’s decision that the duty under this section was owed to him;
(b) if the applicant was occupying accommodation made available to him under section 200(3) (interim duty where case considered for referral but not referred), the date on which he was notified under subsection (2) of that section of the decision that the conditions for referral were not met;
(c) in any other case, the day on which accommodation was first made available to him in pursuance of the duty under this section.
(5) The local housing authority shall cease to be subject to the duty under this section if the applicant, having been informed by the authority of the possible consequence of refusal, refuses an offer of accommodation which the authority are satisfied is suitable for him and the authority notify him that they regard themselves as having discharged their duty under this section.
(6) The local housing authority shall cease to be subject to the duty under this section if the applicant—
(a) ceases to be eligible for assistance,
(b) becomes homeless intentionally from the accommodation made available for his occupation,
(c) accepts an offer of accommodation under Part VI (allocation of housing), or
(d) otherwise voluntarily ceases to occupy as his only or principal home the accommodation made available for his occupation.
(7) The local housing authority shall also cease to be subject to the duty under this section if—
(a) the applicant, having been informed of the possible consequence of refusal, refuses an offer of accommodation under Part VI, and
(b) the authority are satisfied that the accommodation was suitable for him and that it was reasonable for him to accept it and notify him accordingly within 21 days of the refusal.
(8) For the purposes of subsection (7) an applicant may reasonably be expected to accept an offer of accommodation under Part VI even though he is under contractual or other obligations in respect of his existing accommodation, provided he is able to bring those obligations to an end before he is required to take up the offer.
(9) A person who ceases to be owed the duty under this section may make a fresh application to the authority for accommodation or assistance in obtaining accommodation.
(1) Where a local housing authority have been subject to the duty under section 193 in relation to a person until the end of the minimum period, they may continue to secure that accommodation is available for his occupation.
(2) They shall not do so unless they are satisfied on a review under this section that—
(a) he has a priority need,
(b) there is no other suitable accommodation available for occupation by him in their district, and
(c) he wishes the authority to continue securing that accommodation is available for his occupation;
and they shall not continue to do so for more than two years at a time unless they are satisfied on a further review under this section as to those matters.
The review shall be carried out towards the end of the minimum period, or subsequent two year period, with a view to enabling the authority to make an assessment of the likely situation at the end of that period.
(3) They shall cease to do so if events occur such that, by virtue of section 193(6) or (7), they would cease to be subject to any duty under that section.
(4) Where an authority carry out a review under this section they shall make such inquiries as they consider appropriate to determine—
(a) whether they are satisfied as to the matters mentioned in subsection (2)(a) to (c), and
(b) whether any of the events referred to in subsection (3) has occurred;
and on completing the review they shall notify the applicant of their determination and of whether they propose to exercise, or continue to exercise, their power under this section.
(5) The authority may at any time, whether in consequence of a review or otherwise, give notice to the person concerned that they propose to cease exercising their power under this section in his case.
(6) The notice must specify—
(a) the day on which they will cease exercising their power under this section, and
(b) any action that they intend to take as a result,
and must be given not less than the prescribed period before the day so specified.
(1) This section applies where the local housing authority are satisfied that an applicant is threatened with homelessness and is eligible for assistance.
(2) If the authority—
(a) are satisfied that he has a priority need, and
(b) are not satisfied that he became threatened with homelessness intentionally,
they shall take reasonable steps to secure that accommodation does not cease to be available for his occupation.
This subsection has effect subject to section 197 (duty where other suitable accommodation available).
(3) Subsection (2) does not affect any right of the authority, whether by virtue of a contract, enactment or rule of law, to secure vacant possession of any accommodation.
(4) Where in pursuance of the duty under subsection (2) the authority secure that accommodation other than that occupied by the applicant when he made his application is available for occupation by him, the provisions of section 193(3) to (9) (period for which duty owed) and section 194 (power exercisable after minimum period of duty) apply, with any necessary modifications, in relation to the duty under this section as they apply in relation to the duty under section 193.
(5) If the authority—
(a) are not satisfied that the applicant has a priority need, or
(b) are satisfied that he has a priority need but are also satisfied that he became threatened with homelessness intentionally,
they shall furnish him with advice and such assistance as they consider appropriate in the circumstances in any attempts he may make to secure that accommodation does not cease to be available for his occupation.
(1) A person becomes threatened with homelessness intentionally if he deliberately does or fails to do anything the likely result of which is that he will be forced to leave accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.
(2) For the purposes of subsection (1) an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.
(3) A person shall be treated as becoming threatened with homelessness intentionally if—
(a) he enters into an arrangement under which he is required to cease to occupy accommodation which it would have been reasonable for him to continue to occupy, and
(b) the purpose of the arrangement is to enable him to become entitled to assistance under this Part,
and there is no other good reason why he is threatened with homelessness.
(4) A person who is given advice or assistance under section 197 (duty where other suitable alternative accommodation available), but fails to secure suitable accommodation in circumstances in which it was reasonably to be expected that he would do so, shall, if he makes a further application under this Part, be treated as having become threatened with homelessness intentionally.
(1) This section applies if the local housing authority would be under a duty under this Part—
(a) to secure that accommodation is available for occupation by an applicant, or
(b) to secure that accommodation does not cease to be available for his occupation,
but are satisfied that other suitable accommodation is available for occupation by him in their district.
(2) In that case, their duty is to provide the applicant with such advice and assistance as the authority consider is reasonably required to enable him to secure such accommodation.
(3) The duty ceases if the applicant fails to take reasonable steps to secure such accommodation.
(4) In deciding what advice and assistance to provide under this section, and whether the applicant has taken reasonable steps, the authority shall have regard to all the circumstances including—
(a) the characteristics and personal circumstances of the applicant, and
(b) the state of the local housing market and the type of accommodation available.
(5) For the purposes of this section accommodation shall not be regarded as available for occupation by the applicant if it is available only with assistance beyond what the authority consider is reasonable in the circumstances.
(6) Subsection (1) does not apply to the duty of a local housing authority under—
section 188 (interim duty to accommodate in case of apparent priority need),
section 190(2)(a) (limited duty to person becoming homeless intentionally), or
section 200(1), (3) or (4) (interim duties where case is considered for referral or referred).
Housing Act 1996