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PRACTICE NOTES
Part VII of the Housing Act 1996 (HA 1996) sets out the law on homelessness for local housing authorities (LHAs) in England and 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 in order for them to be able to determine what duty is owed. Some applicants’ circumstances are such that they require accommodation immediately, even before the LHA is able to complete its enquiries. HA 1996 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: • an applicant seeks a review pursuant to HA 1996, s 202 of an unfavourable decision, or • an applicant seeks an appeal pursuant to HA 1996, s 204
PRACTICE NOTES
This Practice Note provides guidance on the concept of ‘local connection’ as set out in section 199 of the Housing Act 1996 (HA 1996) in England and section 81 of the Housing (Wales) Act 2014 (H(W)A 2014) in Wales as amended by the Homelessness Reduction Act 2017 (HRA 2017) with effect from 3 April 2018. This concept is used to assist a local housing authority (LHA) when dealing with housing applications, as it permits LHAs to make referrals to other LHAs where a housing applicant lacks a local connection to the referring LHA. This is designed to prevent an LHA from being overwhelmed with housing applications. This Practice Note also provides information relating to the relevant legislation and guidance in both England and Wales. Statutory guidance was issued for England on 22 February 2018 to coincide with the coming in force of HRA 2017 on 3 April 2018. Importance of local connection A homeless person (applicant) may apply to any LHA for housing assistance. However, that does not mean that the LHA which receives the application
PRACTICE NOTES
This Practice Note covers the strategic statutory duties imposed on a local housing authority (LHA) to assess and assist those who are homeless or threatened with homelessness. It covers the obligation on each LHA to review homelessness in their area, then produce and implement a bespoke strategy to deal with the results of the homelessness review. It covers prevention of homelessness, the advice that should be given to applicants, together with the enquiries that ought to be made when an LHA suspects that an applicant may be homeless. Homelessness—legislation and guidance The statutory schemes covering the duties imposed on an LHA to assess and assist homeless persons (and those threatened with homelessness) are set out within Part VII of the Housing Act 1996 (HA 1996) (as amended by the Homelessness Reduction Act 2017 (HRA 2017)) in England and Part 2 of the Housing (Wales) Act 2014 (H(W)A 2014) in Wales. However, both in England and Wales, there has been a greater emphasis in recent years on more strategic measures to tackle
PRACTICE NOTES
This Practice Note covers priority need in the context of homelessness applications. It explains that a local housing authority (LHA) has a duty under the Housing Act 1996 (HA 1996) to provide accommodation if a person is homeless (and not intentionally homeless), eligible for assistance and has priority need. It describes categories of homeless people that may be owed this duty. In order to meet the test for priority need, vulnerability must also be established. This Practice Note discusses the concept of vulnerability and how it should be assessed. Duty to provide homeless accommodation Under HA 1996, priority need status will be central to determining which set of duties apply to a homeless applicant. An LHA will be under the main housing duty under HA 1996, s 193(2) if it accepts that an applicant is eligible, homeless, not intentionally homeless, and in priority need. The LHA will be under the initial ‘interim housing duty’ if it has reason to believe that an applicant may be eligible, may be homeless and may be in
PRACTICE NOTES
This Practice Note sets out guidance upon the standards applicable to accommodation offered by a local housing authority (LHA) in discharge of its housing duty under Part VII of the Housing Act 1996 (HA 1996), including the question of how suitability is assessed. For information on how an applicant may go about challenging suitability, see Practice Note: Homelessness review and appeal. Statutory guidance was issued on 22 February 2018 to coincide with the coming in force of the Homelessness Reduction Act 2017 on 3 April 2018, and is updated regularly. This guidance is referred to throughout this Practice Note as the ‘Homelessness code of guidance for local authorities’ (the Code). Discharging the housing duty All accommodation secured by an LHA in discharge of its housing duties under HA 1996, Pt VII must be suitable. That includes accommodation secured in discharge of an LHA’s interim powers and duties, such as the duty under HA 1996, s 188(1) to secure accommodation pending a final decision as to the duty owed to a potentially
PRACTICE NOTES
Where a local housing authority (LHA) believes that a person is homeless or may be threatened with homelessness, it has a duty to make inquiries into their eligibility for homelessness assistance and into what housing duty (if any) is owed to them under the Housing Act 1996 (HA 1996). For more information on the types of inquiries the LHA has to make, see Practice Note: Homelessness—planning services, strategies and reviews. This Practice Note considers the definitions of the terms 'homelessness' and 'threatened with homelessness’ as set out in HA 1996, s 175. For homelessness and threatened with homelessness in Wales, see Practice Note: Homelessness and threatened with homelessness in Wales. HA 1996 was amended by the Homelessness Reduction Act 2017 (HRA 2017). Pursuant to the Homelessness Reduction Act 2017 (Commencement and Transitional and Savings Provisions) Regulations 2018, SI 2018/167, which were made on 8 February 2018, HRA 2017 came into force on 3 April 2018. Among other things, HRA 2017 amended the definition of ‘threatened with
PRACTICE NOTES
This Practice Note sets out guidance upon the review and appeals procedure which applies once a local housing authority (LHA) has reached a decision under section 184 of the Housing Act 1996 (HA 1996) regarding the duty it owes to a homeless applicant. This includes a summary of the decisions which can be reviewed, how that review takes place, and guidance upon the appeals procedure which applies in respect of reviewable decisions. Statutory guidance was issued on 22 February 2018 to coincide with the coming in force of the Homelessness Reduction Act 2017 on 3 April 2018. This guidance is referred to throughout this Practice Note as the ‘Homelessness code of guidance for local authorities 2018’ (2018 Code). It applies to all applications and reviews requested from 3 April 2018. The local authority’s duty Where a person (applicant) applies to an LHA for accommodation, or for assistance in obtaining accommodation, and the LHA has reason to believe that the applicant may be homeless or threatened with
PRACTICE NOTES
This Practice Note explores the special provisions which apply to groups who are particularly vulnerable to homelessness and refers to the Homelessness code of guidance for local authorities (the Homelessness Code). For more information on vulnerability for the purposes of assessing a person’s priority need for accommodation, see Practice Note: Homelessness—priority need for accommodation. Local authority duties Part VII of the Housing Act 1996 (HA 1996) sets out the statutory framework for assessing whether or not a person will be owed a duty, and if so what duty, by a local housing authority (LHA) if they are homeless. See Practice Note: Homelessness—assisting the homeless post-3 April 2018. In 2002, the government amended HA 1996 homelessness legislation through the Homelessness Act 2002 (HA 2002) and the Homelessness (Priority Need for Accommodation) (England) Order 2002, SI 2002/2051 to: • ensure a more strategic approach to tackling and preventing homelessness, in particular by requiring a homelessness strategy for every LHA district, and • strengthen the assistance available to people who are homeless or threatened with homelessness by extending the priority need categories
NEWS
Homes England and Liverpool City Region Combined Authority (LCRCA) have signed a Strategic Place Partnership (SPP) agreement, committing £51m to regenerate a former gasworks site in Birkenhead. The funding will be used to unlock the Hind Street site by removing complex barriers to its development, including relocating Birkenhead’s gas supply and transforming the surrounding derelict land into a new community with over 1,500 homes, improved transport links, and green spaces. The project is being delivered by Wirral Council in partnership with developers Ion. Subject to planning approval, the project is expected to start on site in 2025 and be completed by 2027.
NEWS
Homes England, in collaboration with the Ministry for Housing, Communities and Local Government (MHCLG), hosted a symposium, attended by leaders from over 375 institutions. The meeting aimed to create new partnerships and secure new private investment to accelerate the scale of housebuilding and urban regeneration across England. Commenting on the event, Lords Minister for Housing and Local Government, Baroness Taylor of Stevenage, said that the ‘symposium builds on the billions of pounds already secured by this government to drive forward regeneration across our towns and cities and these new funds will help us deliver thousands of new homes’.
NEWS
Homes England and the Ministry of Housing, Communities & Local Government (MHCLG) have updated their Affordable Homes Programme (AHP) 2021–2026 guidance to include details of the £1.2bn bridge funding announced in March 2025. The update clarifies that this additional funding is available for bids starting on site in the 2026 and 2027 financial years, with projects requiring completion by 31 March 2029. This bridge funding is part of a larger £2bn government injection into the AHP announced on 25 March 2025, which is intended to support the delivery pipeline and boost confidence in new business opportunities.
NEWS
Homes England, Greater Manchester Pension Fund (GMPF), and West Yorkshire Pension Fund (WYPF) have announced a £91m in loan funding over four years for a major residential development scheme near Leeds city centre. Additionally, the West Yorkshire Combined Authority has provided a £5.7m grant from its brownfield housing fund. The project, a joint venture with Glenbrook, will deliver 618 apartments across five buildings, with amenities including a residents’ lounge, co-working area, gym, and commercial space. Construction is expected to be completed by the end of 2027.