Homelessness and threatened with homelessness in Wales
Produced in partnership with Alexander Campbell of Field Court Chambers
Homelessness and threatened with homelessness in Wales

The following Local Government practice note produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • Homelessness and threatened with homelessness in Wales
  • The meaning of homelessness
  • The statutory definition of homelessness
  • Accommodation in the UK or elsewhere
  • The type of accommodation
  • Available for occupation
  • Nature of the person’s occupation
  • Accommodation to which entry cannot be secured or moveable accommodation which cannot be placed
  • Reasonableness of continuing to occupy existing accommodation
  • Threatened with homelessness

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. proceedings for possession

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property and Coronavirus (COVID-19)—social housing tracker.

Homelessness law in Wales is governed by Part 2 of the Housing (Wales) Act 2014 (H(W)A 2014), legislation emanating from the Welsh Parliament 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

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