Homelessness in Wales—interim duties
Produced in partnership with Alexander Campbell, Barrister of Field Court Chambers
Homelessness in Wales—interim duties

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 in Wales—interim duties
  • Duty to accommodate pending enquiries
  • The LHA’s compliance with the interim duty
  • The legal nature of the accommodation
  • Suitability of accommodation
  • Termination of interim accommodation
  • Ending of interim duty
  • Accommodation pending review
  • Power to accommodate pending appeal

Part 2 of the Housing (Wales) Act 2014 (H(W)A 2014) sets out the law on homelessness for local housing authorities (LHAs) in Wales. It sets out the different duties which an LHA will have towards different homeless applicants. Naturally, it takes time for an LHA to conduct enquiries into a homeless applicant’s circumstances for them to be able to determine what duty is owed. See Practice Note: Homelessness and threatened with homelessness in Wales.

Some applicants’ circumstances are such that they require accommodation immediately, even before the LHA can complete its enquiries. H(W)A 2014 makes provision in certain circumstances requiring LHAs to provide accommodation on an interim basis. This Practice Note covers the circumstances in which that interim duty arises and how it is discharged.

It also covers the power that an LHA has, once it has completed its enquiries, to provide interim accommodation in circumstances where:

  1. a homeless applicant seeks a statutory review of the homelessness decision which the LHA has reached (see H(W)A 2014, s 85)

  2. a homeless applicant appeals to the County Court against the outcome of a review carried out under H(W)A 2014, s 85 (see H(W)A 2014, s 88)

The law on homelessness which is contained in H(W)A 2014 is similar to the law on homelessness in England, which is governed by Part VII of the Housing Act 1996