UK Homelessness Law: Housing Act 1996 lec 2

• The presentation provides definitions and legal framework for homelessness within the UK.
• It addresses eligibility, duties of local authorities towards applicants, and statutory definitions of homelessness.

Broad legal framework

• Homelessness law is based in Part 7 of the Housing Act 1996, incorporating updates from the Homelessness Reduction Act 2017.
• The Homelessness Code of Guidance supplements the Housing Act 1996.
• Part 6 of the Housing Act 1996 concerns allocations of social housing.
• Other relevant laws may apply to specific groups with regards to asylum support, Children's Acts and regulations, Community Care Law (Care Act 2014), and Mental Health Act 1983.

Duty to make inquiries and notify applicant

• Local authorities must inquire into applications from those who may be homeless or threatened with homelessness to determine assistance eligibility based on s.183 & 184(1) HA 1996.
• The threshold for this duty is low, and notification of decisions with reasons must be given to the applicant, especially if adverse, per s.184.

Eligibility exclusions

• Some people are excluded from housing assistance based on immigration status per s.185 Housing Act 1996 and associated regulations.
• Excluded groups include individuals from abroad ineligible for housing assistance, those subject to immigration control without leave to remain (unless in a "prescribed class").
• EU/EEA nationals and British citizens not habitually resident in the UK may also be excluded.

Local authority duties for eligible applicants

• For applicants threatened with homelessness, prevention duty requires reasonable steps to prevent homelessness for up to 56 days under s.195(2).
• A housing needs assessment, as well as a personalized housing plan, also need to take place under s.189A and s.189A(1).
• For applicants who are homeless, a relief duty exists for up to 56 days to secure suitable accommodation.
• The Local Authority must determine whether there is a duty to provide immediate accommodation under s.188.
• If homelessness persists after 56 days, evaluating the necessity of applying the ‘main' housing duty per s.193.

Full housing duty: s.193(2) elements

• This applies after the 'relief' duty, and mandates a housing authority secure suitable accommodation if the applicant is eligible for housing assistance.
• The applicant must be homeless, in priority need, and not intentionally homeless.
• The person, if lacking a local connection, may be referred to another local authority.

Threatened with homelessness, s.175 HA 1996

• A person is threatened with homelessness if they are likely to become homeless within 56 days per 175(4).
• It also applies if a valid notice has been given under section 21 of the Housing Act 1988 or will expire within 56 days, and the person would have no other place to reside per 175(5).

Statutory definition of homeless

• Per sections 175-178 of the Housing Act 1996, homelessness is defined if a person does not have accommodations to occupy in the UK or elsewhere.
• Homelessness is also defined as not having available accommodation that one is legally entitled to occupy.
• Or a person is entitled to, but is unable to secure entry.
• This also applies when having accommodation as a moveable structure without a place to put it
• Having accommodation, entitlement, and ability, but it not being reasonable to continue to occupy

Conditions negating homelessness

• Not Homeless, if accommodation is available.
• If accommodation is 'available' for occupation.
• If the applicant possess some right to occupy the accommodation.
• If the applicant have physical access.
• If it would be reasonable to continue to occupy it and residence will continue.
• If the applicant can place and live in the accommodation if moveable.

Accommodation criteria

• 'Accommodation' is not legally defined, and may mean shelter with some permanence as determined by the courts in Puhlhofer 1986.
• Crisis accommodations such as women's refuges and hostels may meet the accommodation definition.
• A temporary hostel is considered accommodation if staff provide support, as ruled in Hodge v Folkestone & Hythe DC - 2023.
• Ali & Others v Birmingham City Council, Moran v Manchester City Council (2008) found a women's refuge not reasonable to indefinitely occupy.

Available for occupation

• Accommodation must be available in the UK or elsewhere with consideration of whether the application is able to access it.
• Accommodation availability extends to all members of the applicant's household, including family residing with the applicant per [s.176 (a)] or anyone reasonably expected to reside with the applicant per - [s.176(b)].

Entitled to occupy

• The applicant must be legally entitled to live on the premises (i.e. tenants).
• Licensees may be entitled to a 4 week's notice before the license is revoked.
• In most residential tenancies, the procedure landlord must follow the court eviction order proceedings.

Can secure entry

• The applicant must be able to enter the accommodation.
• This condition is not met if the locks have been changed.
• A disaster has limited access.

Reasonable to continue to occupy

• This is the most vital element in determining homelessness.
• This test is also relevant in cases of "intentional" homelessness.
• Reasonability is dependent on accommodation over time, and to look to the future

Approach on 'not reasonable to occupy'

• Ali & others v Birmingham; Moran v Manchester City Council involves applicants living in severely overcrowded housing, in which courts apply the test to the foreseeable future.
• Nasibah Safi v Sandwell Borough Council [2018] case stipulates the LA should ask 2 questions: Is applicant able to occupy the space reasonably at present and the foreseeable future, and if not, how long can they reasonably stay at present.
• R (Elkundi & others) v Birmingham CC & R(Imam) v Croydon [2022] concerns the suitable accommodation to do so in reasonable period of tie.
• Courts will review the Lady Hale judgement of Ali v Birmingham and Moran v Manchester.

Factors in determining the unreasonableness to occupy

• Courts will consider the size, type, and quality, ability to afford, and appropriateness relative particular characteristics including health.
• This also includes the applicant's physical and emotional health.
• Length of time applicant is likely to occupy if not accepted as homeless is also considered. "Rowe v Haringey LBC holds the court should not limit on what the determination may be.
• General housing market including demand and availability of housing is considered.

Affordability

• Local authorities should not regard accommodations as affordable, if the person can't meet basic needs given a residual income.
• In Samuels v Birmingham City Council (2019), affordability assessments should evaluate indefinite accommodation availability, and there is no "sufficient flexibility" given state benefits and expenditure.

Factors considered include notice to tenant

• Local authorities should not consider the case if the applicant can stay until the eviction.
• Code 6.33 covers cases where a tenant has received proper notice under the Housing Act of 1988.

Other factors relevant to continuous occupation.

• Physical environmental conditions.
• General housing situations in the area.
• If the place is overcrowded.
• If a relationship has broken down.

Statutory rule and definition of domestic abuse where accommodation deemed unreasonable

• The accommodation is likely to lead to the same abuse against a family member if that family member resides there
• The meaning, and application of this, is laid out in the Domestic Abuse Act of 2021.
• Violence can be both between partners or from an external source.

Domestic abuse legislation and code compliance

• Code of Guidance 2021 reflects domestic abuse as statutorily defined in legislation.
• The framework acknowledge some may require local authorities to carry out assessments for homeless, some are more prone as women are shown to be in instances of domestic abuse.
• Local authorities are recommended and can advise possible legal remedies.

Statutory meaning of abusive behavior

• Abusive action can can take the physical form of sexual or threaten physical safety of abuser’s actions including coercion.
• This may be done as coercive through behaviour that has psychological damage including economic abuse from the perpetrator in a single incident
• Or a consistent pattern that does need a behaviour to amount to abuse.

Explore the UK's legal framework on homelessness, focusing on the Housing Act 1996 and the Homelessness Reduction Act 2017.The quiz covers key definitions, local authority duties, and factors determining homelessness status and accommodation suitability. Understand the criteria for 'threatened with homelessness' and the role of the Homelessness Code of Guidance.