Office of Public Sector Information
C1Pt.II (ss. 24-43) excluded (26.7.1993) by 1993 c. 23, s. 4(1)(5), Sch. 1 para. 8; S.I. 1993/1655, art. 2.
Pt.II (ss. 24-43) modified (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 4, (with Sch. 1 para. 8); S.I. 1993/1655, art. 2.
C2Pt.II (ss. 24-43) restricted (19.8.1996) by 1996 c. 49, s. 9; S.I. 1996/2127, art. 2, Sch.Pt. I
(1)A person is homeless if he has no accommodation in [F1the United Kingdom or elsewhere].
(2)A person is to be treated as having no accommodation if there is no accommodation which he, together with any other person who normally resides with him as a member of his family or in circumstances in which the local authority consider it reasonable for that person to reside with him—
(a)is entitled to occupy by virtue of an interest in it or by virtue of an order of a court, or
(b)has a right or permission, or an implied right or permission to occupy, or in England and Wales 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 any other person to recover possession.
[F2(2A)A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy.
(2B)Regard may be had, in determining whether it would be reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the area of the local authority to whom he has applied for accommodation or for assistance in obtaining accommodation.]
(3)A person is also homeless if he has accommodation but—
(a)he cannot secure entry to it, or
(b)it is probable that occupation of it will lead to violence from some other person residing in it or to threats of violence from some other person residing in it and likely to carry out the threats, or
[F2(bb)it is probable that occupation of it will lead to—
(i)violence; or
(ii)threats of violence which are likely to be carried out,
from some other person who previously resided with that person, whether in that accommodation or elsewhere, or]
(c)it consists of a movable 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; or
(d)it is overcrowded within the meaning of section 135 and may endanger the health of the occupants [F3; or
(e)it is not permanent accommodation, in circumstances where, immediately before the commencement of his occupation of it, a local authority had a duty under section 31(2) in relation to him.]
(4)A person is threatened with homelessness if it is likely that he will become homeless within [F42 months].
[F5(5)For the purposes of subsection (3)(e), “permanent accommodation” includes accommodation—
(a)of which the person is the heritable proprietor,
(b)secured by a Scottish secure tenancy,
(c)secured by an assured tenancy that is not a short assured tenancy,
(d)where paragraph 1 or 2 of schedule 6 to the Housing (Scotland) Act 2001 (asp 10) is satisfied in relation to the person, secured by a short Scottish secure tenancy.]
F1Words in s. 24(1) substituted (1.4.2002) by 2001 asp 10, s. 3(1)(a); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)
F2S. 24(2A)(2B), 24(3)(bb) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 65(2)
F3S. 24(3)(e) and preceding word “or” inserted (30.9.2002) by 2001 asp 10, s. 3(1)(b); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)
F4Words in s. 24(4) substituted (1.4.2002) by 2001 asp 10, s. 3(1)(c); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)
F5S. 24(5) inserted (30.9.2002) by 2001 asp 10, s. 3(1)(d); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)
(1)The following have a priority need for accommodation—
(a)a pregnant woman or a person with whom a pregnant woman 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 any other disaster.
(2)The Secretary of State may by order made by statutory instrument—
(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 the order has been laid before and approved by resolution of each House of Parliament.
(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)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.
(3)For the purposes of subsection (1) or (2) 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.
(4)Regard may be had, in determining for the purpose of subsections (1) and (2) whether it would have been reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the district of the local authority to whom he applied for accommodation or for assistance in obtaining accommodation.
(1)Any reference in this Part to a person having a local connection with a district is a reference to his having a connection with that district—
(a)because he is, or in the past was, normally resident in it and his residence in it is or was of his own choice; or
(b)because he is employed in it, or
(c)because of family associations, or
(d)because of any special circumstances.
(2)Residence in a district is not of a person’s own choice for the purposes of subsection (1) if he became resident in it—
(a)because he or any person who might reasonably be expected to reside with him—
(i)was serving in the regular armed forces of the Crown, or
(ii)was detained under the authority of any Act of Parliament, or
(b)in such other circumstances as the Secretary of State may by order specify.
(3)A person is not employed in a district for the purposes of subsection (1)—
(a)if he is serving in the regular armed forces of the Crown, or
(b)in such other circumstances as the Secretary of State may by order specify.
(4)An order under subsections (2) or (3) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1)If a person (“an applicant”) applies to a local authority for accommodation, or for assistance in obtaining accommodation, and the authority have reason to believe that he may be homeless or threatened with homelessness, they shall make such inquiries as are necessary to satisfy themselves as to whether he is homeless or threatened with homelessness.
(2)If the authority are so satisfied, they shall make any further inquiries necessary to satisfy themselves as to—
(a)whether he has a priority need, and
(b)whether he became homeless or threatened with homelessness intentionally;
and if the authority think fit, they may also make inquiries as to whether he has a local connection with the district of another local authority in Scotland, England or Wales.
C1S. 28 extended (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 2 (with Sch. 1 para. 8); S.I. 1993/1655, art. 2.
(1)If the local authority have reason to believe that an applicant may be homeless F1. . ., they shall secure that accommodation is made available for his occupation
[F2(a)] pending any decision which they may make as a result of their inquiries under section 28.
[F3(b)where the applicant has, under section 35A, requested a review of a decision of the authority, until they have notified him in accordance with section 35B of the decision reached on review.]
(2)This duty arises irrespective of any local connection which an applicant may have with the district of another local authority.
F1Words in s. 29(1) repealed (30.9.2002) by 2001 asp 10, s. 3(2); S.S.I. 2002/321, art. 3, Sch. (subject to transitional provisions and savings in arts. 3-5)
F2Words in s. 29(1) renumbered as para. (a) (1.4.2002) by virtue of 2001 asp 10, s. 4(1)(a); S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)
F3S. 29(1)(b) inserted (1.4.2002) by 2001 asp 10, s. 4(1)(b); S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3)
C1S. 29(1)(b) restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 para. 1(1)(f) (with s. 159); S.I. 2002/2811, art. 2, Sch. (with transitional provisions in arts. 3-6)
S. 29(1)(b) restricted (8.1.2003) by 2002 c. 41, s. 55(4)(a) (with s. 159); S.I. 2002/2811, art. 2, Sch. (with transitional provisions in arts. 3-6)
(1)On completing their inquiries under section 28, the local authority shall notify the applicant of their decision on the question whether he is homeless or threatened with homelessness.
(2)If they notify him that their decision is that he is homeless or threatened with homelessness, they shall at the same time notify him of their decision on the question whether he has a priority need.
(3)If they notify him that their decision is that he has a priority need, they shall at the same time notify him—
(a)of their decision on the question whether he became homeless or threatened with homelessness intentionally, and
(b)whether they have notified or propose to notify any other local authority under section 33 that his application has been made.
(4)If they notify him—
(a)that they are not satisfied—
(i)that he is homeless or threatened with homelessness, or
(ii)that he has a priority need, or
(b)that they are satisfied that he became homeless or threatened with homelessness intentionally, or
(c)that they have notified or propose to notify another local authority under section 33 that his application has been made,
they shall at the same time notify him of their reasons.
[F1(4A)They shall also notify him—
(a)that he may request a review of the decision and of the time within which such a request must be made, and
(b)of the advice and assistance that is available to him in connection with any such review.]
(5)The notice required to be given to a person under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.
F1S. 30(4A) inserted (1.4.2002) by 2001 asp 10, s. 4(2); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)
C1S. 30 modified (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 3(4) (with Sch. 1 para. 8); S.I. 1993/1655, art. 2.
(1)This section applies where a local authority are satisfied that an applicant is homeless.
(2)Where they are satisfied that he has a priority need and are not satisfied that he became homeless intentionally, they shall, unless they notify another local authority in accordance with section 33 (referral of application on ground of local connection) secure that [F1permanent] accommodation becomes available for his occupation.
(3)[F2In any other case], they shall—
(a)secure that accommodation is made available for his occupation for such period as they consider will give him a reasonable opportunity of himself securing accommodation for his occupation; and
(b)furnish him with advice and [F3assistance of such type as may be prescribed], in any attempts he may make to secure that accommodation becomes available for his occupation.
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(5)For the purposes of subsection (2), “permanent accommodation” includes accommodation—
(a)secured by a Scottish secure tenancy,
(b)secured by an assured tenancy that is not a short assured tenancy,
(c)where paragraph 1 or 2 of schedule 6 to the Housing (Scotland) Act 2001 (asp10) is satisfied in relation to the applicant, secured by a short Scottish secure tenancy.]
F1Words in s. 31(2) inserted (30.9.2002) by 2001 asp 10, s. 3(3)(a); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
F2Words in s. 31(3) substituted (30.9.2002) by 2001 asp 10, s. 3(3)(b)(i); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
F3Words in s. 31(3)(b) substituted (30.9.2002) by 2001 asp 10, s. 3(3)(b)(ii); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
F4S. 31(4) repealed (30.9.2002) by 2001 asp 10, s. 3(3)(c); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
F5S. 31(5) inserted (30.9.2002) by 2001 asp 10, s. 3(3)(d); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
(1)This section applies where a local authority are satisfied that an applicant is threatened with homelessness.
(2)Where they are satisfied that he has a priority need and 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.
(3)[F1In any other case] they shall furnish him with advice and [F2assistance of such type as may be prescribed], in any attempts he may make to secure that accomodation does not cease to be available for his occupation.
(4)Nothing in subsection (2) shall affect any right of a local authority to secure vacant possession of accommodation, whether by virtue of a contract or of any enactment or rule of law.
(5)In section 31 and in this section, “accommodation” does not include accommodation
[F3(a)]that is overcrowded within the meaning of section 135 or which may endanger the health of the occupants.
[F4(b)that does not meet any special needs of the applicant and any other person referred to in section 24(2), or
(c)that it is not reasonable for the applicant to occupy.]
[F5(6)Regulations made by virtue of section 31(3)(b) or subsection (3) above may make different provision for different purposes and different areas.
(7)Before making any such regulations, the Scottish Ministers shall consult—
(a)such associations representing local authorities, and
(b)such other persons,
as they think fit on the proposed regulations.
(8)In exercising their functions under section 31 or this section in respect of a person falling within section 25(1)(b), the local authority shall have regard to the best interests of the dependent children referred to in that provision.]
F1Words in s. 32(3) substituted for words and paras. (a)(b) in s. 32(3) (30.9.2002) by 2001 asp 10, s. 3(4)(a)(i); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
F2Words in s. 32(3) substituted (30.9.2002) by 2001 asp 10, s. 3(4)(a)(ii); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
F3Words in s. 32(5) renumbered as para. (a) (1.4.2002) by virtue of 2001 asp 10, s. 3(4)(b)(i); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)
F4S. 32(5)(b)(c) inserted (1.4.2002) by 2001 asp 10, s. 3(4)(b)(ii); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)
F5S. 32(6)-(8) inserted (30.9.2002) by 2001 asp 10, s. 3(4)(c); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
(1)The provisions of—
(a)section 31(2) so far as requiring that accommodation is to be permanent accommodation (within the meaning of section 31(5)), and
(b)section 32(5)(b),
do not apply in such circumstances as may be prescribed.
(2)Where—
(a)accommodation has been provided under section 31(2), and
(b)by virtue of subsection (1) above, that accommodation is not permanent accommodation (within the meaning of section 31(5)) or does not meet the special needs of the applicant and any other person referred to in section 24(2),
section 26 does not apply.]
F1S. 32A inserted (30.9.2002) by 2001 asp 10, s. 3(5); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in art. 3-5)
(1)If a local authority—
(a)are satisfied that an applicant is homeless and has a priority need, and are not satisfied that he became homeless intentionally, but
(b)are of opinion that the conditions are satisfied for referral of his application to another local authority,
they may notify that other local authority in Scotland, England or Wales of the fact that his application has been made and that they are of that opinion.
(2)The conditions of referral of an application to another local authority are—
(a)that neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,
(b)that the applicant or a person who might reasonably be expected to reside with him has a local connection with that other local authority’s district, and
(c)that neither that applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic violence in that other local authority’s district.
(3)For the purposes of this section a person runs the risk of domestic violence—
(a)if he runs the risk of violence from a person with whom, but for the risk of violence, he might reasonably be expected to reside, or from a person with whom he formerly resided, or
(b)if he runs the risk of threats of violence from such a person which are likely to be carried out.
(4)The question whether the conditions for referral of an application are satisfied shall be determined by agreement between the notifying authority and the notified authority, or in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order made by statutory instrument.
(5)An order may direct that the arrangements shall be—
(a)those agreed by any relevant authorities or association of relevant authorities, or
(b)in default of such agreement, such arrangements as appear to the Secretary of State to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.
(6)No order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
(1)Where, in accordance with section 33(1), a local authority notify another authority of an application, the notifying authority shall secure that accommodation is available for occupation by the applicant until it is determined whether the conditions for referral of his application to the other authority are satisfied.
(2)If it is determined that the conditions for referral are satisfied, the notified authority shall secure that [F1permanent] accommodation becomes available for occupation by the applicant; if it is determined that the conditions are not satisfied, the notifying authority shall secure that [F1permanent] accommodation becomes available for occupation by him.
(3)When the matter has been determined, the notifying authority shall notify the applicant—
(a)whether they or the notified authority are the authority whose duty it is to secure that [F1permanent] accommodation becomes available for his occupation, and
(b)of the reasons why the authority subject to that duty are subject to it.
[F2(3A)The notifying authority shall also notify him—
(a)that he may request a review of the determination and of the time within which such a request must be made, and
(b)of the advice and assistance that is available to him in connection with any such review.]
(4)The notice required to be given to a person under [F3this section] shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.
[F4(5)For the purposes of subsection (1), “accommodation” has the meaning given in section 32(5).
Housing (Scotland) Act 1987