The following Local Government guidance note Produced in partnership with Alexander Campbell, Barrister of Field Court Chambers provides comprehensive and up to date legal information covering:
Homelessness law in Wales is governed by Part 2 of the Housing (Wales) Act 2014 (H(W)A 2014), legislation emanating from the National Assembly for Wales which came into force on 27 April 2015.
H(W)A 2014, s 62(1) imposes a duty on a local housing authority (LHA) as defined in H(W)A 2014, ss 99, 145, as the county council of a county or county borough in Wales to carry out an assessment of a person’s case under H(W)A 2014, Pt 2 if certain conditions are met. One such condition is that it appears to the authority that the person may be ‘homeless or threatened with homelessness’.
The terms ‘homeless’ and ‘threatened with homelessness’ are defined in H(W)A 2014, s 55. Although H(W)A 2014 is a relatively recent piece of legislation, the terms ‘homeless’ and ‘threatened with homelessness’ are not new ones they feature in section 175 of the Housing Act 1996 (HA 1996) which applies to homelessness in England and which—until the coming into force of H(W)A 2014—also applied in Wales. There is, therefore, a considerable amount of case law on the meaning of the terms in HA 1996, s 175 (and related sections of the HA 1996 ) which continues to be applicable to H(W)A 2014, s 55 and which is therefore relevant and cited throughout this Practice Note.
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