In this article, Lis Bradshaw looks at this new piece of legislation and how it affects local authorities in respect of their homelessness functions.
The act came into force on 31 July 2002. It amends and adds to local authorities’ duties established in Part VII Housing Act 1996, clarifies the appeal process and establishes new categories of applicants in priority need.
Homeless Strategy
It imposes a duty on local authorities to publish after consultation a homeless strategy by 31 July 2003.
Local Authority Duties
• It imposes a further duty on local authorities when dealing with applications from those not in priority need but accepted as homeless and unintentionally homeless. Prior to the act all the local authority had to do was give advice and assistance. Post act they may secure accommodation.
• For applicants who are intentionally homeless, but not in priority need and are threatened with homelessness, the act imposes a further duty that a local authority should take reasonable steps to ensure the property remains available for occupation. Pre-act a local authority just had to give advice and assistance.
• Now if an applicant has been accepted as homeless, in priority need and unintentionally homeless due to violence, and if the applicant has no local connection, the applicant should not be referred to another local authority if the return would lead to other violence.
• There is now no minimum period that a local authority is subject to the duty. Prior to the act the minimum period was two years. Now the duty continues until it is discharged. It is discharged in the following circumstances:
- If an applicant accepts an assured tenancy (not an assured shorthold tenancy) from a private landlord.
- If they refuse an offer from the local authority.
- If the applicant accepts a qualifying offer of an assured shorthold tenancy from a private landlord. For an offer to be a qualifying offer it has to be made with local authority approval, for a fixed term and with an accompanying letter stating that the applicant has no obligation to accept and if accepted the local authority will have discharged their duty.
• Offers of accommodation made by the local authority and qualifying offers must be:
- suitable
- reasonable for the applicant to accept.
- The Act imposes a new duty on local authorities when they decide that the applicant requires no assistance, or is intentionally homeless or is intentionally threatened with homelessness. If there is a child under eighteen years the local authority should refer to social services. Social services can then refer the matter back to the housing department – local authority for assistance and advice. The housing department can only do what is considered reasonable in the circumstances.
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