Homelessness Reduction Act Ian Peacock 10 June 2019

Homelessness Reduction Act 2017 Private Member’s Bill passed with Government support Modelled on Welsh experience and Housing (Wales) Act 2014 Act amended the homelessness provisions in Part 7 of the Housing Act 1996 Most provisions came into force on 3 April 2018 Increased focus on prevention of homelessness New duties on local housing authorities and changes to existing duties

New or amended duties Most significant new or amended duties Expanded duty to provide advisory services New referral duty Duty to assess and agree a plan Duty to prevent homelessness Relief duty owed to all eligible persons who are homeless Existing duties to those in priority need under sections 190 and 193 take effect once the relief duty has come to an end

Advisory services Section 179 amended to expand the scope of advisory services Information and advice is to be given on: Preventing homelessness Securing accommodation when homeless The rights of those who are homeless and threatened with homelessness and the duties of authority under Part 7 Any help that is available from authority or from anyone else for persons in authority’s district who are homeless or may become homeless How to access that help

Advisory services The service must be designed to meet the needs of persons in authority’s district including the needs of: Persons released from prison or youth detention accommodation Care leavers Former members of the armed forces Victims of domestic abuse Persons leaving hospital Persons suffering from a mental illness or impairment Any other group identified by authority as being at particular risk of homelessness in its district

Referral duty New duty on public authorities specified in regulations to refer cases to local housing authority Duty arises if specified public authority considers person is or may be homeless or threatened with homelessness Duty is to ask person to agree to local housing authority being notified and how person may be contacted If person agrees and identifies a local housing authority to which person would like notification to be made, the specified public authority must notify the local housing authority Regulations specifying particular authorities came into force on 1 October 2018

Referral duty The specified public authorities include: The governor or director of a prison, a young offender institution or a secure training centre A youth offending team A provider of probation services A designated officer at a Jobcentre Plus office A social services authority An NHS trust or foundation trust in connection with provision of emergency department and urgent treatment centres and in-patient treatment The Secretary of State for Defence in relation to members of the armed forces

Threatened with homelessness A person is threatened with homelessness if it is likely that they will become homeless within 56 days (extended from 28 days) A person is also threatened with homelessness if: A valid section 21 notice has been given to person in respect of the only accommodation they have that is available for their occupation That notice will expire within 56 days

Section 21 notices A section 21 notice may not be valid due to: Failure to use prescribed form of notice Notice cannot be served within 4 months of start of tenancy and proceedings must be brought within 6 months of service Failure to comply with tenancy deposit provisions Failure to provide energy performance certificate and gas safety certificate Failure to supply How to rent booklet Retaliatory eviction Unlicensed properties

Duty to assess and agree a plan Duty owed to those who are homeless or threatened with homelessness and eligible Duty to make an assessment of applicant’s case including: Circumstances that caused applicant to become homeless or threatened with homelessness The housing needs of applicant What support would be necessary for applicant to be able to have and retain suitable accommodation

Duty to assess and agree a plan Following assessment authority must try to agree with applicant: Any steps applicant is required to take for the purposes of securing that they have, and are able to retain, suitable accommodation The steps authority is to take under Part 7 for those purposes Authority must record in writing any agreement reached (or, if agreement not reached, why not reached, steps considered reasonable for applicant to be required to take and steps to be taken by authority)

Duty to prevent homelessness Duty is owed if authority is satisfied applicant is threatened with homelessness and eligible Duty to take reasonable steps to help applicant to secure that accommodation does not cease to be available for their occupation Authority must have regard to assessment of applicant’s case in deciding what steps to take Duty replaces existing section 195 and applies regardless of whether applicant has a priority need or became threatened with homelessness intentionally

Duty to prevent homelessness Authority can give notice bringing duty to an end if: Applicant has suitable accommodation available for occupation and reasonable prospect of having suitable accommodation available for at least 6 months (or longer if prescribed) Authority has complied with duty and period of 56 days has ended (except where valid section 21 notice given that will expire within 56 days or has expired and is in respect of only accommodation available for applicant’s occupation) Applicant has become homeless

Duty to prevent homelessness Authority can give notice bringing duty to an end if: Applicant has refused offer of suitable accommodation and there was reasonable prospect that suitable accommodation would be available for at least 6 months (or longer if prescribed) Applicant has become homeless intentionally from accommodation made available as a result of the duty Applicant is no longer eligible Applicant has withdrawn Part 7 application Duty can also be brought to an end in cases of applicant’s deliberate and unreasonable refusal to co-operate

Relief duty Duty is owed if authority is satisfied applicant is homeless and eligible for assistance Duty to take reasonable steps to help applicant to secure that suitable accommodation becomes available for their occupation for at least 6 months (or longer if prescribed) Authority must have regard to assessment of applicant’s case in deciding what steps to take If authority is satisfied applicant has a priority need and is not satisfied applicant became homeless intentionally, duty comes to an end after 56 days

Relief duty Authority can give notice bringing duty to an end if: Applicant has suitable accommodation available for occupation and reasonable prospect of having suitable accommodation available for at least 6 months (or longer if prescribed) Authority has complied with duty and period of 56 days has ended Applicant has refused offer of suitable accommodation and there was reasonable prospect that suitable accommodation would be available for at least 6 months (or longer if prescribed)

Relief duty Authority can give notice bringing duty to an end if: Applicant has become homeless intentionally from accommodation made available as a result of the duty Applicant is no longer eligible Applicant has withdrawn Part 7 application Duty can also be brought to an end: Where applicant refuses a final accommodation offer or a final Part 6 offer having been informed of consequences of refusal and right of review In cases of applicant’s deliberate and unreasonable refusal to co-operate

Reasonable steps Reasonable steps taken by authority pursuant to prevention or relief duties might include: Liaising with landlord or licensor to prevent eviction Taking steps to assist applicant at risk of violence or abuse to stay safely in their home Assisting applicant in tackling rent arrears Assisting applicant in search for accommodation Introducing or referring applicant to accommodation providers Assisting with rent deposit or providing rent guarantee Provision of emergency or other accommodation

Changes to existing duties The interim duty to accommodate under section 188 continues to apply only where authority has reason to believe that applicant may be homeless and eligible and has a priority need Where authority decides applicant does not have a priority need, the interim duty ends when applicant is notified either that no relief duty is owed or that no duty under section 190 or 193 will be owed once the relief duty ends Otherwise the interim duty lasts until the later of the relief duty coming to an end (or authority deciding it does not owe the relief duty) and authority deciding what other duty (if any) is owed

Changes to existing duties The main housing duty under section 193 only arises once the relief duty has ended The duty under section 190(2) to those who are homeless and eligible and have a priority need but became homeless intentionally only arises once the relief duty has ended Authority must have regard to assessment of applicant’s case in deciding what advice and assistance to give under section 190(2) The existing advice and assistance duties to those who are homeless and eligible but not in priority need are repealed

Local connection Referral of applicant’s case can now be made at relief duty stage If authority would be subject to relief duty but consider conditions are met for referral of case to another authority, they may notify other authority of their opinion Where notification given, notifying authority cease to be subject to any interim duty to accommodate and are not subject to relief duty But, in cases of apparent priority need, must secure accommodation until applicant notified of decision as to whether conditions for referral are met

Local connection If decided conditions are not met, notifying authority becomes subject to relief duty and, in cases of apparent priority need, an interim duty to accommodate arises If decided conditions are met: Applicant treated as having made Part 7 application to notified authority Notifying authority no longer owes Part 7 duties to applicant Notified authority bound by notifying authority’s decisions on homelessness, eligibility and intentional homelessness absent a change of circumstances or further information coming to light

Care leavers While authority have duty towards person under section 23C of Children Act 1989: If authority is local housing authority, person has local connection with their district Otherwise, person has local connection with districts of local housing authorities falling within authority’s area Where, by virtue of accommodation under section 22A of Children Act 1989, person was normally resident in district of authority for at least two years and was less than 16 for some or all of that time, person has local connection with district But local connection under that provision ceases when person becomes 21

New rights of review There are new rights of review in relation to: Any decision as to duty (if any) owed under new provisions Any decision as to steps authority is to take pursuant to relief duty or to give notice bringing relief duty to an end Any decision to give notice in the case of an applicant who has deliberately and unreasonably refused to co-operate Any decision as to steps authority is to take pursuant to prevention duty or to give notice bringing prevention duty to an end Any decision as to suitability of accommodation offered by way of a final accommodation order or a final Part 6 offer

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