Factsheet 89 Homelessness - Age UK

Factsheet 89

Homelessness

January 2016

About this factsheet
This factsheet gives information about homelessness. It explains how
your local authority can help you if you are homeless and the
circumstances in which it has a duty to rehouse you.
Information on the allocation of council and housing association housing
can be found in factsheet 8, Council and housing association housing.
Information about private rented housing is contained in factsheet 63,
Finding private rented accommodation.
Information on housing intended specifically for older people is in
factsheet 64 Specialist housing for older people and factsheet 2, Buying
retirement housing.
For information on your rights as a tenant see our range of factsheets on
tenants’ rights.
The information in this factsheet is applicable to England and Wales.
Please contact Age Scotland or Age NI for information applicable to
those nations. Contact details can be found on page 28.
.

Page 1 of 30

Contents 3
4
1 Recent developments – England and Wales 6
2 Recent developments - Wales 7
3 Introduction 9
4 Disputes with a landlord, harassment, threats of eviction 10
5 Help from your local authority 12
6 Who is homeless? 14
7 Local authority duties 15
7.1 Priority need 16
7.2 Who is intentionally homeless? 17
7.3 Local connection 18
8 Emergency and temporary accommodation from the council 20
9 Offers of settled accommodation 22
10 Suitable accommodation 23
11 Challenging the decision 23
12 Emergency accommodation 23
12.1 Hostels and night shelters 24
12.2 Women’s refuges 24
12.3 Staying with friends 25
12.4 Bed and Breakfast (B&B) 28
Useful organisations 28
Age UK
Support our work

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1 Recent developments – England and Wales

 A number of significant housing cases have come before the UK
Supreme Court in the past year. The Court’s decisions in these cases will
affect the criteria that local authorities (councils) apply when they assess
what duty they owe to someone who is homeless and limit their ability to
give ‘out-of-area’ offers of accommodation where they have a duty to
accommodate.

The decisions are as follows:

In Hotak v Southwark LBC; Kanu v Southwark LBC; Johnson v
Solihull MBC, the Court heard three cases concerning the vulnerability
‘test’ that local authorities may apply to decide whether someone who is
homeless or threatened with homelessness has a “priority need” for
accommodation. In determining whether such a person was vulnerable,
local authorities had been considering whether they would be less able
to cope while homeless than an actual or hypothetical homeless person.
As an actual or hypothetical homeless person is likely to be relatively
vulnerable anyway, the Court said that the comparison must instead be
with “an ordinary person if made homeless”. The Court also held that a
local authority can take “third-party support”, including support from a
family member, into account when deciding whether an applicant would
be less able to cope while homeless than an ordinary person if made
homeless, but only if it was satisfied that such support would be provided
“on a consistent and predictable basis”. For more information, see
section 7.1.

In Haile v Waltham Forest LBC, the Court looked at the issue of
intentional homelessness and whether “a subsequent event…occurring
after the deliberate homelessness can break the chain of causation”. It
found that a homeless mother, who had left a hostel for single people
before the birth of her child on account of bad smells, could not be said
to have become homeless intentionally as she would have been obliged
to leave the hostel anyway after giving birth. The Court considered an
earlier decision in Din (Taj) v Wandsworth LBC, in which it was found
that it would be irrelevant to consider “subsequent hypothetical events” if
the definition of intentional homelessness was satisfied at the time the
person ceased to occupy their accommodation. In Haile, the Court held
that Din remains binding, but that the birth of the appellant’s child was
not a “subsequent hypothetical event”. It could not reasonably be said
that she would not have been homeless by the time of the local
authority’s decision on her case if she had not left the hostel when she
did. The birth of her child was therefore “a later event constituting an
involuntary cause of homelessness”. More information on intentional
homelessness is given in section 7.2.

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In Nzolameso v City of Westminster, the Court considered the practice
of giving out-of-area offers of accommodation. Section 208 of the
Housing Act 1996 requires local authorities to secure accommodation for
homeless persons within their own district “so far as is reasonably
practicable”. However, in areas where there is a shortage of affordable
accommodation, out-of-area placements have become common. The
Court held that local authorities must have regard to the Children Act
2004, specifically section 11(2), when deciding where to place homeless
families. This section says that local authorities must have regard to “the
need to safeguard and promote the welfare of children” when
discharging their functions. Reasonable practicability was also held to
place local authorities under a stronger duty than simply being
reasonable; they were told that they must “generally and where possible,
try to place the household as close as possible to where they were
previously living”. More information is given in section 10.

2 Recent developments - Wales

 Significant new legislation – the Renting Homes (Wales) Bill –has been
passed by the National Assembly for Wales. According to the Welsh
Government, the legislation “will make it simpler and easier to rent a
home, replacing various and complex pieces of existing legislation with
one clear legal framework”. A central plank of the legislation concerns
new “occupation contracts”. Except for a limited number of exceptions,
the legislation will replace “all current tenancies and licences with just
two types of occupation contract”:

 a “secure contract – modelled on the current secure tenancy issued
by Local Authorities”; and

 a “standard contract – modelled on the current assured shorthold
tenancy used mainly in the private rented sector”1.

Further information on the legislation can be found on the National
Assembly for Wales website at:

www.senedd.assembly.wales/mgIssueHistoryHome.aspx?IId=12055

1 Renting Homes, 24 November 2015, Welsh Government website:
www.gov.wales/topics/housing-and-regeneration/legislation/rentingbill (last accessed 14
December 2015)

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 Earlier housing legislation in Wales – the Housing (Wales) Act 2014 –
became law in September 2014. The law addresses a broad range of
housing matters, including:

 “Reform of homelessness law, including placing a stronger duty on
local authorities to prevent homelessness”2. For example, “people will
be able to receive advice and assistance at an earlier stage due to
the extension of the definition of “Threatened with Homelessness”
from 28 days to 56 days”3 – i.e. a local authority will have a duty to
help if someone is threatened with homelessness within the next 56
days, rather than 28 as before. This means that homelessness
applications can be considered at an earlier stage, giving more scope
for finding a solution before the situation becomes an emergency.
The legislation also allows authorities “to use suitable
accommodation in the private sector” as a way of discharging their
housing duties.

 The “introduction of standards for local authorities on rents, service
charges and quality of accommodation”4. This is in relation to “both
existing and new accommodation which is provided by local housing
authorities”5.

 The introduction of a “compulsory registration and licensing scheme
for private rented sector landlords and letting and management
agents”6. Further information on this can be found in Factsheet 63,
Finding private rented accommodation.

Further information on the Housing (Wales) Act 2014 can be found on
the Welsh Government’s website at:

www.gov.wales/topics/housing-and-regeneration/legislation/housing-act

2 Housing (Wales) Act 2014, 15 July 2015, Welsh Government website:
www.gov.wales/topics/housing-and-regeneration/legislation/housing-act (last accessed
10 December 2015)

3 Housing (Wales) Act 2014, Frequently Asked Questions, Welsh Government, 17
September 2014

4 Housing (Wales) Act 2014, 15 July 2015, Welsh Government website:
www.gov.wales/topics/housing-and-regeneration/legislation/housing-act (last accessed
10 December 2015)

5 Local Housing Authority Standards: Quality of Accommodation, 21 April 2015, Welsh
Government website: www.gov.wales/topics/housing-and-
regeneration/legislation/housing-act/specific-elements/local-authority-standards-whqs
(last accessed 10 December 2015)

6 Housing (Wales) Act 2014, 15 July 2015, Welsh Government website:
www.gov.wales/topics/housing-and-regeneration/legislation/housing-act (last accessed
10 December 2015)

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3 Introduction

You don’t have to be living on the streets to be considered homeless.
You may be living in accommodation that is not suitable for you any
more, or you may have been told to leave your home by your landlord or
the court (see section 6).

If you are homeless or threatened with homelessness, your local council
may have a legal duty to help you. Depending on your circumstances,
the council may have to do one or more of the following:

 take reasonable steps to secure that you do not lose your home

 provide you with advice and assistance in any attempts you may make to
secure that you do not lose your home

 accommodate you on an ‘interim’ basis while it looks into your case
further

 accommodate you for such period as it considers will give you a
reasonable opportunity of securing accommodation and/or provide you
with advice and assistance to do so

 provide you with long-term accommodation – this is known as the ‘full’
housing duty (sometimes called the ‘main’ housing duty), but please note
that it can be ‘discharged’ by an offer of an assured shorthold tenancy in
the private sector7 (see section 9 for more information).

If you are homeless or you are concerned about becoming homeless,
you should get advice immediately (see Useful organisations for contact
details of advice agencies). Most councils nowadays seek to prevent
homelessness wherever possible and the earlier you approach your local
council for assistance, the greater the chance it will be able to help you
remain in your home or find another home without the need for you to
make a homeless application.

In England

The legal framework relating to homelessness in England is contained in
Part 7 of the Housing Act 1996 as amended by the Homelessness Act
2002 and the Localism Act 2011. The legislation sets out five ‘tests’ to
establish what duty, if any, a person is owed if they are homeless (see
section 7).

7 It should be noted that the ability for local councils to discharge their duties in this way
is afforded by different legislation in England and Wales. In England it is via the
Localism Act 2011; in Wales via the Housing (Wales) Act 2014

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Local authorities are required to have regard to the Homelessness Code
of Guidance for Local Authorities (2006). This is statutory guidance
issued by the government to assist local authorities in making decisions
under the homelessness legislation and goes into more detail than the
Act. However, please note that some terms found in the guidance have
been challenged by the courts; for example, it sets out a ‘test’ for
vulnerability which the Supreme Court has said should not be used. See
sections 1 and 7.1 for more information.

On 8 November 2012, the Government issued further guidance (the
Supplementary Guidance on the homelessness changes in the Localism
Act 2011) to explain the changes to homelessness legislation introduced
by the Localism Act 2011 and by the Homelessness (Suitability of
Accommodation) (England) Order 2012.

In Wales

The relevant legislation on homelessness is detailed in Part 2 of the
Housing (Wales) Act 2014. This Act has amended and consolidated all
previous homelessness legislation in Wales.

Local authorities are required to have regard to the Welsh Government’s
statutory guidance – Code of Guidance for Local Authorities on the
Allocation of Accommodation and Homelessness (April 2015) – when
making decisions under the homelessness legislation. The guidance
offers further information and clarification of the relevant legislation in
order to assist local authorities in their decision making.

4 Disputes with a landlord, harassment, threats
of eviction

If you are threatened with eviction, contact an advice agency or the
council’s housing options/homelessness service immediately (see Useful
organisations at the back). If you are living in sheltered accommodation
and experiencing problems, contact your local Age UK or Age UK’s
national Advice line. In Wales, contact your local Age Cymru or the Age
Cymru Advice line (see page 28 for contact details).

It is unlikely that you will have to move out immediately just because you
are told to do so by a landlord or mortgage lender. Your rights will
depend on whether you are a tenant, a licensee or a homeowner. If your
property is being repossessed because your landlord has failed to keep
up with their mortgage payments, your rights will depend on whether
your tenancy was granted before or after the mortgage was granted and,
if the latter, whether your landlord obtained their mortgage lender’s
consent.

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In most cases, a landlord or lender will have to give you proper written
notice and get a court order if they want you to leave. If you are a lodger
in your landlord’s home or staying with relatives or friends, they can ask
you to leave and do not have to go to court to evict you. You only have to
be given ‘reasonable notice’ - 28 days’ notice is usually deemed to be
sufficient, but it could be longer or shorter depending on your
circumstances. If it is likely that you will become homeless within the
next 28 days (or 56 days if you live in Wales), you may be able to get
help from the council (see section 5).

In most cases, it is illegal for your landlord to evict you without a court
order. It is also against the law for your landlord to harass you or
withdraw services from you with the intention of forcing you to leave your
home or making it impossible for you to live there in peace and comfort.
Acts of harassment may include threats or physical violence,
disconnecting the energy supply or refusing to carry out vital repairs. If
you are being harassed or threatened with illegal eviction, contact your
local council or an advice agency (see Useful organisations). See
Factsheet 68, Tenants’ rights – security of tenure for more information
about your rights as a tenant.

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Important
You do not always have to leave your home just because you are
told to do so.

If you are a tenant, you may be able to challenge a landlord’s ‘claim
for possession’ depending on your circumstances and the reason
why possession is being sought. See Factsheet 68, Tenants’ rights
– security of tenure for more information.

If you are struggling to keep up with your mortgage payments, you
may be able to challenge a lender’s claim at various stages and you
may be entitled to financial help. Contact a specialist debt charity
such as StepChange for assistance (see Useful organisations for
contact details).

If you have been asked to leave your home by a spouse, civil
partner or partner, you may still have rights to stay there temporarily
or permanently, even if they are the legal owner of the property or if
the tenancy agreement is in their name only. You should seek
advice immediately if you are in this position (see Useful
organisations).

Noise and neighbour nuisance

If you are experiencing neighbour nuisance such as noise or
harassment, an informal approach such as a letter or a chat may be
enough to resolve the situation. If this does not work or if you are
suffering serious harassment, there are other people who might be able
to help such as your landlord, the police or a mediation service. See
Factsheet 9, Anti-social behaviour in housing, for more information.

5 Help from your local authority

Your local council has a legal duty to ensure that “advice and information
about homelessness, and the prevention of homelessness, is available
free of charge to any person in [its] district”. If you are homeless or
threatened with homelessness (i.e. likely to become homeless within 28
days, or 56 days if you live in Wales), further duties may be owed
depending on your circumstances.

However, it may be the case that no further duty is owed because of your
immigration status or because you are a UK citizen who has recently
returned from abroad. You should seek advice if you are in this situation
(see Useful organisations). Information for UK citizens who have
recently returned from abroad or are considering returning is contained
in Factsheet 25, Returning from abroad.

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Remember that being eligible for assistance does not necessarily mean
that you will be housed by the council. In addition, the council must be
satisfied that you have a priority need for housing (see section 7.1) and
that you are not intentionally homeless (see section 7.2) before it will
have a duty to ensure that suitable accommodation is available. It may
however have a duty to provide ‘interim accommodation’ while
investigating these matters further (see section 8).

6 Who is homeless?

You are homeless if you have no accommodation that you can occupy in
the UK or elsewhere or if you are threatened with homelessness within
28 days (56 days if you live in Wales).

In some circumstances, you may be treated as homeless if you have
accommodation but it is not reasonable for you to continue to live there.
The local authority should take the following factors into consideration
when deciding whether it would be reasonable for you to continue to live
in the accommodation:

 Violence or threats of violence – the law says that it is not reasonable for
a person to continue to occupy accommodation if it is probable that this
will lead to domestic violence, other violence or threats of violence likely
to be carried out against them, someone who lives with them, or
someone who could be reasonably expected to live with them. In both
England and Wales, the respective homelessness Codes of Guidance
say that domestic violence includes threatening behaviour and
psychological, sexual, financial and emotional abuse.

 Physical characteristics of the property – e.g. if you are a wheelchair
user and have difficulty accessing your home or if you now need a carer
but there is insufficient space for them. Be aware that you may be
treated as intentionally homeless (see section 7.2) if you give up
accommodation because you do not think it is suitable – the council may
disagree with you or say that you failed to explore options that would
have enabled you to continue living in the property. For more information
on adaptations, see Factsheet 13, Funding for home improvements and
Factsheet 42, Disability equipment and home adaptations. In Wales,
please also see Factsheet 13, but note that there is a separate Age
Cymru version of Factsheet 42.

 Condition of the property – e.g. if it is damp, particularly if your doctor
has advised you not to return to it, or if it is unsafe. However, it may be
reasonable to continue to occupy unsafe accommodation if your local
council is taking steps to actively enforce safety standards. See
Factsheet 67, Tenants’ rights – repairs, for more information on how to
get safety standards enforced in rented accommodation.

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 Affordability – your accommodation may become unaffordable following
a drop in your income after retirement, meaning that you can no longer
meet the costs of rent, heating, repairs etc. For information on financial
help related to housing costs see Factsheet 17, Housing Benefit and
Factsheet 21, Council Tax (in Wales, see Age Cymru’s version of the
Council Tax factsheet – 21w).

 Type of accommodation – e.g. if you are staying with friends and family
on a temporary basis or in emergency accommodation such as a
women’s refuge (see section 12 for more information).

The above is not intended as a complete list. If there are any other
reasons why you feel it is not reasonable for you to continue living in
your home, you should contact your council or an advice agency. The
Code of Guidance for England says that “authorities will need to take
account of all relevant factors when considering whether it is reasonable
for an applicant to continue to occupy accommodation” (the Welsh Code
of Guidance has similar wording). However, local authorities are also
allowed to take account of the general housing circumstances in the area
when deciding what is reasonable.

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Note
It is not unheard of for a local authority to refuse to look into a
person’s homelessness application until they have received an
eviction warrant from the court. This is often the third stage of the
eviction process and is covered in more detail in Factsheet 68,
Tenants’ rights – security of tenure. Local authorities have also been
known to require a person to stay in their property until the actual
date of eviction. However, the respective homelessness Codes of
Guidance in England and Wales discuss whether it would be
reasonable for a tenant who has been given a valid notice to quit or
notice seeking possession to continue to occupy their property. This
is generally the first stage of the eviction process.

The English Code of Guidance says that “housing authorities should
not adopt a general policy of accepting – or refusing to accept –
applicants as homeless or threatened with homelessness when they
are threatened with eviction but a court has not yet made an order
for possession or issued a warrant of execution” (similar information
can be found in the Welsh version). If the person is an assured
shorthold tenant and the local authority is satisfied that a) the
landlord intends to seek possession and b) there would be no
defence to this claim, the guidance says that it is unlikely to be
reasonable for the person to continue to occupy the accommodation
beyond the date given in the notice requiring possession (the
section 21 notice). If you are in this position but your local council is
saying that you are not homeless or threatened with homelessness,
seek advice from Shelter or a local advice agency such as your
local Citizens Advice or Age UK (or, in Wales, your local Age
Cymru).

7 Local authority duties

Your local council has a legal duty to ensure that “advice and information
about homelessness, and the prevention of homelessness, is available
free of charge to any person in [its] district”. If you are homeless or
threatened with homelessness (i.e. likely to become homeless within 28
days in England or 56 days in Wales), further duties may be owed
depending on your circumstances.

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If a local authority has reason to believe that you may be homeless or
threatened with homelessness, it must look into whether you are eligible
for assistance (see section 5). If it is satisfied that you are eligible, it must
look into whether any duty is owed to you under the homelessness
legislation and, if so, what that duty is. This will depend on whether you
have a “priority need” for accommodation and whether you “became
homeless intentionally”. Further information on what these terms mean is
given in sections 7.1 and 7.2.

If a local authority is satisfied that you are:

 threatened with homelessness,

 eligible for assistance,

 in priority need, and

 not homeless intentionally (in Wales, local authorities have a power
rather than a duty to apply an intentionality test)

It must take “reasonable steps” to ensure that you do not lose your
home. If it is satisfied that you are threatened with homelessness and
eligible for assistance, but finds that you are not in priority need or that
you became homeless intentionally, the council shall provide advice and
assistance in any attempts you may make to ensure that you do not lose
your home.

If a local authority is satisfied that you are homeless and eligible for
assistance, but also finds that you are not in priority need and that you
became homeless intentionally, it will have a duty to provide you with
advice and assistance in any attempts you make to find new
accommodation. It will also have a duty to do this if it finds that you are in
priority need but became homeless intentionally, but in these
circumstances it must provide you with accommodation for such a
period as it considers will give you a reasonable opportunity to find
new a new home. The council has a power but not a duty to provide this
accommodation if it finds that you are not in priority need but nor are you
homeless intentionally.

If a local authority is satisfied that you are:

 homeless,

 eligible for assistance,

 in priority need, and

 not homeless intentionally

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It will owe you what is called the ‘full’ housing duty. This means that it
must find you a place to live, although this may not be a permanent
council or housing association home, at least initially. You may be placed
in temporary accommodation while you wait for an ‘allocation’ of social
housing (see Factsheet 8, Council and housing association housing, for
more information), and, in both England and Wales, the main housing
duty can be ended by way of an offer of an assured shorthold tenancy in
the private sector.

A local authority must carry out its inquiries with reasonable speed and
notify the applicant of its decision in writing. In England, the authority
should aim to complete inquires within 33 days; in Wales, the guidance
advises that “it is the view of the Welsh Government that wherever
possible, Local Housing Authorities aim to complete each stage of the
assessment and notify the applicant of their decision within 10 working
days”.

If you are unhappy with a decision made by a council in relation to a
homeless application, you usually have a right of appeal by way of an
internal review (see section 11).

Note
If a local authority is under the full housing duty, but neither you nor
anyone you could reasonably be expected to live with has a local
connection to the area, it may seek to refer to you a local authority
area with which you do have a local connection. See section 7.3
below for more information.

7.1 Priority need

The following groups are considered to be in priority need for
accommodation:

 pregnant women or people who live with or might reasonably be
expected to live with a pregnant woman

 people who live with dependent children or might reasonably be
expected to live with them

 people who are homeless or threatened with homelessness because of
an emergency such as a fire, flood or similar disaster

 people who are vulnerable because of old age, mental illness, physical
disability or other special reasons (or people with whom such a person
lives or might reasonably be expected to live)

 people who are homeless because of violence or threats of violence that
are likely to be carried out.

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Other priority groups include young people in particular circumstances
and people who become vulnerable as a result of serving in the armed
forces or having been in custody.

Councils can decide who is vulnerable. For example, the council may
decide that you are not vulnerable if you are over State Pension age but
in good health and have no special needs. The Code of Guidance states
that old age alone does not constitute vulnerability8.

Following the decision in Hotak v Southwark LBC; Kanu v Southwark
LBC; Johnson v Solihull MBC, the vulnerability of a homeless person
(the ‘applicant’) should be assessed by comparison with an ordinary
person if made homeless, not an ‘ordinary homeless person’. The
English Code of Guidance says that the vulnerability ‘test’ should be
“whether, when homeless, the applicant would be less able to fend for
him/herself than [the ordinary person if made homeless] so that he or
she would suffer injury or detriment, in circumstances where a less
vulnerable person would be able to cope without harmful effects”.

This test does not appear in the legislation and the Supreme Court
pointed out that terms such as “fend for him/herself” may mean different
things to different people. However, it is still a good idea to tell your local
authority why you think you would be less able to cope while homeless
than an ordinary person if made homeless and what injury or detriment
you would be likely to suffer as a result. You should submit as much
supporting evidence as possible, such as letters from medical
professionals, reports from social workers and relevant hospital records.
The Supreme Court suggested that you would need to be “significantly
more vulnerable than ordinarily vulnerable” as a result of being made
homeless to have a priority need for accommodation.

If you think you are in a priority need group but the council does not
agree with you, seek help from an advice agency (see Useful
organisations).

7.2 Who is intentionally homeless?

‘Intentionally homeless’ means that the council believes it was your fault
that you became homeless. For example, if you chose to leave
accommodation that was suitable when you could have carried on living
there or you lost your accommodation because you did not pay the rent
or mortgage. However, if you were unable to pay your rent or mortgage
because of financial difficulties, you should not be treated as intentionally
homeless. You should seek advice if you think it was not reasonable for
you to stay in your accommodation but the council says that it was (see
Useful organisations).

8 This is true of both the English and Welsh Code of Guidance documents. The January 2016
separate versions for each country are cited above in section 3. Page 15 of 30

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Homelessness

Note
When a council decides that a person has a priority need for

housing but has become homeless intentionally, it has a duty to
provide temporary accommodation for a “reasonable period”. What
counts as a reasonable period should depend upon the person’s
individual circumstances. You will have a right of appeal in relation
to the length of time that this accommodation is granted for (see
section 11).

7.3 Local connection

If a local authority is under the full housing duty but neither you nor
anyone you could reasonably be expected to live with has a connection
to the local area, it may try and refer to you a local authority area with
which you do have a connection. But it should only do this if you have no
local connection to its council area and not simply because your
connection to another area is stronger. It should not do this if you or
someone you might reasonably be expected to live with is at risk of
violence or domestic violence in the other local authority area.

A local authority can only make a referral to another local authority if it
has accepted that you are homeless, eligible for assistance, in priority
need and not intentionally homeless, and therefore owed the full housing
duty. Many applicants are turned away by local authorities at the point of
application because they do not have a local connection, but this is
unlawful: a person can make a homelessness application to any local
authority regardless of local connection, which should only be
considered once full housing duty has been accepted.

You should be considered as having a local connection with a council if
you:

 have lived in the council’s area for six months out of the past 12 months,
or three years out of the past five (this must be of your “own choice” and
not, for example, a result of imprisonment or other form of detention)

 work in the area

 have close family who have lived in the area for more than five years
(although a referral should not be made on the basis of a family
association if the person objects)

 have a connection with the area for other reasons, for example you need
specialist medical treatment there.

The homelessness Code of Guidance for England says that “if an
applicant, or any person who might reasonably be expected to live with
the applicant, has no local connection with any district in Great Britain,
the duty to secure accommodation will rest with the housing authority
that has received the application”. The wording in the Welsh guidance is
almost identical.

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Note
You will have a right of appeal in relation to a referral on local
connection grounds. See section 11 for more information.

8 Emergency and temporary accommodation
from the council

When you apply to the council for housing as someone who is homeless,
it may take a while to decide whether you are owed full housing duty. For
example, the council may need to establish whether you have a priority
need or became homeless intentionally.

If the council has reason to believe you may be homeless, eligible for
assistance and in priority need, it will have an interim duty to
accommodate you while it investigates your case further. In practice, this
usually means providing ‘emergency’ accommodation such as a place in
a Bed & Breakfast or hostel. Regarding this, the homelessness Code of
Guidance for England says:

Housing authorities should avoid using Bed &Breakfast (B&B)
accommodation wherever possible. Where B&B accommodation has
been used in an emergency situation, applicants should be moved to
more suitable accommodation as soon as possible.

The wording in the Welsh guidance is very similar.

If you have dependent children or a pregnant woman in your household,
you should only be placed in B&B accommodation “if there is no
alternative accommodation available and then only for a maximum of six
weeks”. For more information on the suitability of accommodation
provided or arranged by the council, see section 10 below.

If you are in a priority group but intentionally homeless, the council must
make sure that you have accommodation available for a reasonable
period of time to give you a chance to find accommodation. Most
councils consider 28 days to be reasonable, but a blanket policy of
offering a set number of days would be unlawful and each case should
be considered individually.

If the council has completed its enquiries and accepted a duty to re-
house you, you may be offered longer-term but still ‘temporary’
accommodation before receiving an offer – or ‘allocation’ –of settled
accommodation – see section 9 below. The accommodation must be
suitable for your needs (see section 10).

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Important
“Suitable” means that the accommodation must meet your needs,
but it might not always be what you yourself would have chosen. If
you think that the accommodation offered is not suitable for you,
you should seek advice before you reject it. If you refuse
accommodation that the council considers suitable, it may not give
you any more help. You do have a right to request a review of the
suitability of temporary accommodation provided. You are entitled to
accept the temporary accommodation and still request a review of
its suitability (this would generally be more advisable than refusing
the offer and requesting a review). You do not have the right to
request a review of the suitability of interim accommodation
provided before a full housing duty has been established, but you
may be able to challenge its suitability via judicial review. See
section 11 for more information.

9 Offers of settled accommodation

If the council has accepted that it has a duty to re-house you after you
make a homeless application, there are a number of ways in which this
duty can be brought to an end. The main ways are if you accept or
refuse an offer of suitable, settled accommodation or successfully bid for
a property under the council’s choice-based lettings scheme. For more
information about choice-based lettings, see Factsheet 8, Council and
housing association housing. Please note that a full housing duty cannot
be brought to an end by you losing your priority need status, but it will
end if you cease to be eligible for assistance by virtue of your
immigration status.

As settled accommodation, you might be offered:

 a council tenancy – this might be an introductory tenancy for 12 months.
Following this, it will automatically become a secure tenancy (in England
or Wales) or flexible tenancy (England only). A secure council tenancy
will provide you with strong tenancy rights.

 an assured tenancy with a housing association or private landlord –
assured tenants also have strong rights.

 an assured shorthold tenancy with a private landlord – people with this
type of tenancy have fewer rights than the other types mentioned above
and can be evicted relatively easily.

For further information on different types of tenancy, see Factsheet 68,
Tenants' rights -security of tenure.

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Note
You do have a right to request a review of the suitability of
accommodation that has been offered by the council. If you are
successful, the council will have to make another offer. You can
request a review regardless of whether you reject or accept an offer.
It is generally advisable to accept an offer and request a review,
even if you cannot see yourself living in the property. That way, if the
review is unsuccessful, you will at least have accommodation. If you
reject the offer, the council will have no further duty to assist you if
the review is unsuccessful. See section 11 for more information.

The use of assured shorthold tenancies with private landlords to
end a local authority’s housing duty

In England and Wales, a council can end its housing duty to you by
offering you an assured shorthold tenancy with a private landlord. In
England, authorities have this power via the Localism Act 2011, whereas
in Wales a very similar power is contained in the Housing (Wales) Act
2014. In England, the tenancy must be suitable (see section 10) and
have a fixed term of at least one year; in Wales, homeless people can be
offered private sector housing that “must be suitable” and “as long as it is
likely to last for six months”9.

As with an offer of a council or housing association tenancy, you have
the same right to request a review of the suitability of a private rented
sector offer. Again, you can request a review regardless of whether you
accept or reject the offer.

In England, if you become homeless within two years from the date you
accepted the offer, the council will have to house you again if you are still
eligible and did not make yourself intentionally homeless. You will be
treated as being in priority need even if your circumstances are different.
The Code of Guidance for Wales does not appear to make any
comments on this issue.

9 Housing (Wales) Act 2014, Frequently Asked Questions, Welsh Government, 17 January 2016
September 2014 Page 19 of 30

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Homelessness

10 Suitable accommodation

If a local authority is under any of the accommodation duties outlined
above - the interim duty to accommodate, duty to accommodate for a
reasonable period and the full housing duty - the accommodation that it
secures must be suitable. The homelessness Code of Guidance for
England says that “the accommodation must be suitable in relation to the
applicant and to all members of his or her household who normally
reside with him or her, or who might reasonably be expected to reside
with him or her”. The Welsh guidance contains very similar wording.

The criteria that the council has to consider when assessing suitability of
the accommodation include:

 your physical needs (including medical and disability needs)

 the condition of the property and whether it is or would be overcrowded,
which may require an assessment under the Housing Health and Safety
Rating System (HHSRS) . For more information about the HHSRS see
Factsheet 67, Tenants’ rights – repairs.

 affordability (the local authority should consider your financial resources,
the costs of the accommodation, any maintenance and child support
payments that you must make and reasonable living expenses)

 risk of violence or racial violence.

Location of the accommodation

Whether accommodation is provided on an interim, temporary or final
basis, its location will always be relevant. In deciding whether
accommodation is suitable the council must have regard to:

 the significance of any disruption to work, caring responsibilities or
education

 the distance of the accommodation from medical or other support that is
currently being provided and is essential to well-being and the
accessibility of these services from the accommodation

 the distance of the accommodation from local services, amenities and
transport and their accessibility.

Some local authorities place homeless households in B&Bs, hostels or
temporary accommodation outside of the local authority district. The law
also allows for an offer of a tenancy with a private landlord to be outside
the council’s own area (see below for more information on ‘private rented
sector offers’).

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The law says that local authorities must provide accommodation in their
own area “so far as reasonably practicable” and the homelessness Code
of Guidance documents for both England and Wales state that, wherever
possible, accommodation should be provided as close to a homeless
person’s previous address as possible. Both the Code of Guidance for
Wales and the supplementary guidance that was brought in in England
after the Localism Act came into force state that:

Where accommodation which is otherwise suitable and affordable is
available nearer to the authority’s district than the accommodation
which it has secured, the accommodation which it has secured is not
likely to be suitable unless the authority has a justifiable reason or the
applicant has specified a preference.

Both sets of guidance also state that a local authority should seek to
maintain a homeless person’s established links with doctors, social
workers and other key services and support where possible. The
Supreme Court emphasised these obligations in its decision in
Nzolameso v City of Westminster (see section 1).

If you are made an offer of accommodation that is outside your local
authority area, you should seek advice from Shelter or a local advice
agency such as Citizens Advice as soon as possible. You will have a
right to request a review of the suitability of the offer (unless it is interim
accommodation, in which case the situation is slightly different – see
section 11 below) and an adviser should be able to help you to present
your case.

You should gather as much information as possible about your
household’s work, education and caring commitments and the
medical/support services that you are accessing. Explain why it would be
difficult to maintain these links if you were moved out of the area and
why they are essential to your well-being. If you are accessing services
that are available across the country, explain why it is important that you
stay with your specific service, for example if you have been with the
same GP for a number of years and they know you very well. If the
accommodation that is being offered is a considerable distance from
your previous home, ask the council to justify why it is not offering you
something closer.

Remember that you can request a review of an offer whether you accept
it or not. It is generally advisable to accept an offer and then request a
review, as at least you will have somewhere to stay if the council do not
agree that the accommodation is unsuitable.

Private rented sector offers

There are regulations setting out what checks a council must make
before offering you a private tenancy:

 the property must be in a reasonable physical condition

 any electrical equipment provided must be safe

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 it must have a current gas safety record and a valid energy performance
certificate

 it must be licensed if the accommodation is a house in multiple
occupation (HMO) (for more information about HMOs see Factsheet 67,
Tenants’ rights – repairs)

 the landlord must be a ‘fit and proper person’, e.g. they must not been
convicted of certain criminal offences.

Important
If you think the accommodation is not suitable for you, you should
seek advice before you reject it. If you refuse the accommodation
that the council considers suitable for you, it may not give you any
more help. You can ask the council to review its decision about
suitability of the accommodation after you move in (see section 11).

11 Challenging the decision

If you are not happy about the local authority’s decision on your
application, in most cases you can ask for a review. Get advice to find
out if you have good grounds to ask for a review and how to prepare
your case. Normally, you have 21 days to do this. This is a tight deadline
- if you are having difficulty obtaining advice, you should make sure you
request the review first and then obtain advice. Do not miss the deadline
for requesting the review. Once the review has been completed, if you
are still not satisfied with the outcome, you can get further advice about
challenging the decision in court.

Note
There are some local authority decisions that do not carry a right of
review. For example, local authorities do not have to review the
suitability of accommodation provided on an interim basis (see
section 8). If you have been placed in interim accommodation that is
not suitable for you, you may be able to challenge its suitability by
way of judicial review. Contact an organisation such as Shelter or
your local Citizens Advice if you are in this position.

You may also be able to complain to an Ombudsman service if you think
that the council did not follow the correct procedures or did not act fairly,
but you should first exhaust the local authority complaints procedure.

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In England, you will need to contact the Local Government Ombudsman;
in Wales, you should contact the Public Services Ombudsman for Wales.
See Useful organisations for contact details. Both organisations expect
your complaint to be made no later than 12 months after you became
aware of the issue at hand, but may consider older complaints in
exceptional circumstances, such as if ill health prevented you from
complaining sooner.

If you feel you have been discriminated against, get advice. A public
body such as a local authority is not allowed to discriminate on the
grounds of age, disability, gender reassignment, marriage/civil
partnership, maternity and pregnancy, race, religion or belief, sex and
sexual orientation.

For more information see Factsheet 79, The Equality Act 2010: the
Public Sector Duty.

12 Emergency accommodation

12.1 Hostels and night shelters

If you are unable to get help from the council, you may be able to get a
place in an emergency hostel or night shelter.

Emergency hostels and night shelters usually provide accommodation
for just a few nights, but they may have a resettlement worker who can
support you in gaining more permanent accommodation. They usually
accept people without money but will expect you to claim benefits to pay
for accommodation. You may have to share your bedroom and other
facilities such as kitchens or bathrooms. Some hostels close during the
day. Call Shelter (see Useful organisations) to find out if there are any
vacancies in your area or contact a local advice centre, library or your
council for details. Be aware that in some areas all referrals to
emergency accommodation need to be made by the council.

12.2 Women’s refuges

These are for women who have to leave home because of violence or
threats of violence. They are usually ordinary houses shared by women
and children. Women do not have to go to a refuge in their own area and
the address is kept secret to protect residents. The refuge staff will help
you to claim benefits and find more permanent housing. Contact
Women’s Aid for assistance (see Useful organisations).

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12.3 Staying with friends

Staying with somebody you know may be your best option in an
emergency. It will give you more time to find something more suitable or
more permanent. You may be able to use the telephone in your local
advice agency office or day centre to contact your friends and/or
relatives.

12.4 Bed and Breakfast (B&B)

These are privately run and can be more expensive than hostels. Some
B&Bs do not accept people claiming housing benefit and you will need
money for rent in advance. You may not be allowed to stay in your room
during the day and there may be no cooking facilities. Your local housing
advice centre or council should have lists of B&Bs.

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Useful organisations

Citizens Advice Bureau (CAB)
England or Wales go to www.citizensadvice.org.uk
Northern Ireland go to www.citizensadvice.co.uk
In England tel 0344 411 1444
In Wales tel 03444 77 20 20

National network of advice centres offering free, confidential,
independent advice, face to face or by telephone.

Department for Communities and Local Government
www.gov.uk/government/organisations/department-for-communities-and-
local-government

The Department for Communities and Local Government has a useful
website for more information in England. Free information materials can
be downloaded (in Wales, see the entry for ‘Welsh Government’ below).

Equality Advisory Support Service
www.equalityadvisoryservice.com
Tel 0808 800 0082

The Government has commissioned a new Equality Advisory Support
Service (EASS) to replace the EHRC Helpline.

Gov.uk
www.gov.uk

Gov.uk is the government website that provides online information on
variety of subjects and services.

Homes and Communities Agency
www.homesandcommunities.co.uk
Tel 0300 1234 500

The Homes and Communities Agency has responsibility for the
regulation of social housing in England (see the ‘Welsh Government’
entry below for Wales).

Housing Advice Services

The availability and quality of housing advice varies from area to area.
Local councils have a legal duty to ensure that advice and information
about homelessness and how to prevent homelessness is available in
their local area. Contact your local council as soon as possible if you are
worried you may become homeless.

In some areas there may be a specific housing advice or housing aid
centre, providing advice on a range of housing issues. Your local council
or CAB should be able to tell you if there is a housing advice centre in
your area.

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Housing Ombudsman Service (HOS)
www.housing-ombudsman.org.uk
Tel 0300 111 3000

Investigates complaints made by tenants of registered social landlords in
England (including local authorities) that are members of the scheme in
regard to their landlords functions (in Wales, see the entry for ‘Public
Services Ombudsman for Wales’ below).

From 1 April 2013 a complaint has to go first to a ‘designated person’
such as an MP, a local councillor or a designated tenant panel, who will
try to resolve the complaint. If the designated person cannot resolve the
complaint, they will refer it to the HOS. Complaints can only be referred
to the HOS directly by the tenant if either they waited eight weeks after
exhausting their landlord’s procedure, or the designated person either
refused to refer the complaint, or agreed for the tenant to make a
complaint directly.

Live Fear Free
www.livefearfree.gov.wales
Tel 0808 8010 800

Free 24-hour helpline service for Wales. It is a gender neutral and
confidential helpline providing support to anyone who is experiencing
domestic abuse. They can provide assistance in both Welsh and
English.

Local Government Ombudsman
www.lgo.org.uk
Tel 0300 061 0614 or 0845 602 1983

For advice on making a complaint. In Wales, see the entry for ‘Public
Services Ombudsman for Wales’ below.

Public Services Ombudsman for Wales
www.ombudsman-wales.org.uk
Tel 0300 790 0203

The Ombudsman looks to see whether people have been treated unfairly
or have received a bad service from a public body, such as a local
authority.

Shelter
www.shelter.org.uk
Tel 0808 800 4444 (free call)

A national charity providing telephone advice to people with housing
problems on tenancy rights, homelessness, repairs and housing benefit.

Shelter Cymru
www.sheltercymru.org.uk
Tel 0845 075 5005

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StepChange Debt Charity
www.stepchange.org
Tel 0800 138 1111

StepChange offers free and independent debt advice, and can help you
explore your options including setting up a debt management
(repayment) plan.

Tai Pawb
www.taipawb.org
Tel 029 2053 7630

An organisation in Wales that promotes equality and social justice in
housing. They work in partnership with the providers and receivers of
housing services, local authority partners, third sector (voluntary
organisations) and the Welsh Government.

Welsh Government
www.wales.gov.uk
Tel 0300 060 3300 or 0300 060 4400 (Welsh)

Their website has information on housing and homelessness, including a
link to the Code of Guidance for Local Authorities on the Allocation of
Accommodation and Homelessness (April 2015). The Welsh
Government also has responsibility for the regulation of social housing in
Wales.

Welsh Women’s Aid (WWA)
www.welshwomensaid.org.uk
WWA manage the 24-hour Live Fear Free Helpline – see its entry for
contact details. Contact this helpline if you are looking for emergency
refuge information, advice or support.

Women’s Aid
www.womensaid.org.uk
Tel: 0117 944 4411

Women's Aid is a national domestic violence charity that helps up to
250,000 women and children every year.

24-hour national domestic violence helpline is run in partnership with
Refuge: 0808 2000 247 (Freephone)

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Age UK

Age UK provides advice and information for people in later life through
our Age UK Advice line, publications and online. Call Age UK Advice to
find out whether there is a local Age UK near you, and to order free
copies of our information guides and factsheets.

Age UK Advice
www.ageuk.org.uk
0800 169 65 65
Lines are open seven days a week from 8.00am to 7.00pm

In Wales contact

Age Cymru
www.agecymru.org.uk
0800 022 3444

In Northern Ireland, contact

Age NI
www.ageni.org
0808 808 7575

In Scotland, contact Age Scotland by calling

Silver Line Scotland
www.agescotland.org.uk
0800 470 8090
(This is a partnership between The Silver Line and Age Scotland)

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