In England, the Housing Act 1996 Part 7 governs the provision of housing and advice to persons who are homeless. In Wales, the provision of such housing and advice is governed by Housing (Wales) Act 2014 Part 2. In both England and Wales, an authority is not obliged to offer any advice or assistance to persons who have not applied for assistance or those, who have applied, who are not eligible or who are not homeless or threatened with homelessness: Housing Act 1996 s184 and Housing (Wales) Act 2014 ss61, 62.
In both England and Wales, where an authority have a reason to believe that an applicant, who is eligible, may be homeless or threatened with homelessness and may have a priority need they must secure that accommodation is available for his or her occupation until the conclusion of their inquiries into the application: Housing Act 1996 s188(1) and Housing (Wales) Act 2014 s68(2). In Wales, authorities must continue to provide this accommodation, even once their inquiries have concluded, up until either a period of 56 days has elapsed or the applicant has been offered suitable accommodation by the authority: Housing (Wales) Act 2014 s69(2) and ss73 and 74.
In England, where an applicant is homeless but does not have a priority need an authority must provide him or her with advice and assistance: Housing Act 1996 s195(5). In Wales, in such circumstances, the authority must provide the applicant with accommodation, to help the applicant to secure suitable accommodation, for a period of 56 days unless before then suitable accommodation is offered to the applicant: Housing (Wales) Act 2014 ss73 and 74.
In both England and Wales, where an applicant is homeless, has a priority need for accommodation and did not become homeless intentionally an authority must secure that suitable accommodation is made available for the applicant’s occupation: Housing Act 1996 s193(2) and Housing (Wales) Act 2014 s75(2). In Wales, authorities, who have not decided to have regard to whether someone is intentionally homeless when deciding what duty is owed, must secure that suitable accommodation is made available for the applicant’s occupation if they are homeless and have a priority need: Housing (Wales) Act 2014 s75(2). Authorities in Wales who have decided to have regard to whether someone is intentionally homeless, must nonetheless secure that suitable accommodation is made available for the applicant’s occupation if the applicant is homeless, has a priority need, became homeless intentionally and is either pregnant, has a dependant child, has not attained the age of 21 or is a care-leaver and has not attained the age of 25 and, in each case, the authority has not previously secured the applicant with accommodation under section 75 in the preceding five years of the authority making its decision as to what duty is owed: Housing (Wales) Act 2014 s75(3).
In England, where an applicant is found to be homeless, to have a priority need but became homeless intentionally (ie by a deliberate act or omission of the applicant that is not made in good faith or in ignorance of a relevant fact) the authority must provide advice and assistance and secure that accommodation is available for a reasonable period to give the applicant an opportunity to secure accommodation: s190(2). Likewise, authorities in Wales, which have decided to have regard to whether someone is intentionally homeless and are not obliged to secure accommodation under section 75, must secure that suitable accommodation is available to applicants for a minimum period of 56 days from the date that is decided that they are not owed the main duty under Housing (Wales) Act 2014 s75(2): Housing (Wales) Act 2014 s69(5),(6).
In England, if a person has a priority need and is threatened with homelessness, the authority must provide such advice and assistance to help prevent the applicant losing his or her accommodation: Housing Act 1996 s195(5). In Wales, this duty applies irrespective of whether the applicant has a priority need: Housing (Wales) Act 2014 s66.
Any accommodation provided by an authority must be suitable but can be provided by the authority or by a third party (eg a private landlord): Housing Act 1996 s206 and Housing (Wales) Act 2014 s64(1). It must, so far as is reasonably practicable, be provided within the authority’s own area: Housing Act 1996 s208 and Housing (Wales) Act 2014 s91.
An authority may refer an applicant to another authority’s area where the applicant does not have a local connection to the authority, but does have a local connection to another authority’s area and would not be at risk of violence (domestic abuse in Wales) if moved to the other authority’s area: Housing Act 1996 s198 and Housing (Wales) Act 2014 s80.
In England, the obligation under section 193(2) to secure that such accommodation is available can only come to an end in specified circumstances:
1)where the applicant, having been warned of the consequences of refusal or acceptance, refuses an offer of suitable accommodation, or
2)is provided suitable accommodation under Housing Act 1996 Part 6, or
3)is made an offer of an assured shorthold tenancy, or
4)ceases to be eligible for assistance, or
5)becomes homeless intentionally from accommodation made available to him or her, or
6)ceases voluntarily to occupy accommodation that is available for his or her occupation: ss193(6)‒(7F).
In Wales, the duty under section 75 comes to an end if:
1)the applicant accepts an offer of accommodation under Housing Act 1996 Part 6 or of an assured or assured shorthold tenancy; or
2)the applicant, having been given notice in writing of the possible consequences of refusal or acceptance, refuses an offer of accommodation under section 75, Housing Act 1996 Part 6 or an assured shorthold tenancy; or
3)the applicant becomes intentionally homeless from suitable accommodation made available under section 68 or section 75; or
4)the applicant has ceased voluntarily to occupy as his or her only or principal home accommodation provided under section 68 or section 75; or
5)the applicant is no longer eligible for assistance; or
6)a mistake of fact led to the applicant being notified that the duty under section 75 was owed to the applicant; or
7)the application has been withdrawn; or
8)the applicant has unreasonably failed to co-operate with the authority in connection with the exercise of its functions: Housing (Wales) Act 2014 ss76 and 79.
Generally, where an applicant disagrees with a decision of the authority s/he may request that the authority review their decision rather than make an application for judicial review: Housing Act 1996 s202 and Housing (Wales) Act 2014 s85. If the applicant is dissatisfied subsequently with the outcome of the review s/he must appeal to the county court rather than bring a claim for judicial review: Housing Act 1996 s204 and Housing (Wales) Act 2014 s88. The authority may provide the applicant with accommodation pending the outcome of both its review and the appeal in the county court: Housing Act 1996 s188(3) and s204A and Housing (Wales) Act 2014 s69(11) and s89. The authority’s discretion in such cases, however, is very wide.
The leading guides on the homelessness legislation are Arden, Bates and Vanhegan, Homelessness and Allocations, 10th edn, Legal Action Group, 2017 and Luba, Davies and Johnston, Housing Allocation and Homelessness: Law and Practice, 4th edn, Jordans, 2016.