An overview of the Homelessness Reduction Act 2017
By: Expert Advice
Tags: Homelessness, Law, Housing And Family Online, Housing, Homeless

An overview of the Homelessness Reduction Act 2017

A long form article to explain the new duties the council are under to assist those who are homeless or threatened with homelessness

[Extent: England only]

This article is based on the our Homelessness Special Update email from April 2018.

The law on homelessness changed on 3 April 2018 when the Homelessness Reduction Act 2017 (amending Part VII, Housing Act 1996) came into force.

The key changes are set out below. Advisers will also need to be familiar with the new Code of Guidance which is in force from 3 April 2018.

Advisory services for vulnerable groups

Local councils have to provide free advisory services. The services have to be targeted to meet the needs of vulnerable groups, such as victims of domestic abuse and care leavers. Local authorities can outsource these services (s.179, Housing Act 1996).

Early intervention

A person will be “threatened with homelessness” if they are:

likely to be homeless in 56 days or

they have received a s.21, Housing Act 1988 notice which will expire within 56 days.

Previously, a person was only threatened with homelessness if they were likely to be homeless in 28 days (s.195, Housing Act 1996).

This change in the law should stop councils from refusing to take applications where clients have received a s.21 notice but possession proceedings have not yet been issued at court.

Where a client is treated as “threatened with homelessness” there will come a point where it is no longer reasonable to continue to occupy their current accommodation and they should be treated as homeless.

Advisers should note that the Code of Guidance (para 6.35) makes it clear that it is unlikely to be reasonable for a client to continue to occupy a property (so that they should be treated as homeless) at the expiry of a valid section 21 notice if:

it is clear that the landlord intends to seek possession and efforts to keep their home will be unsuccessful and

there would be no defence to possession proceedings

The Code also says that local councils should not consider it reasonable to remain in occupation until a warrant is issued by the court. This section of the Code appears to apply to all those subject to a possession order not just where section 21 has been used (Code of Guidance, para 6.37).

Assistance to all applicants

A local council will have to assess and agree a plan for all applicants who are eligible and homeless or threatened with homelessness applicants. It does not matter if the applicant is in priority need. (Eligibility concerns a person’s immigration status and the rules remain unchanged.) The council should consider:

what caused an applicant to be homeless or threatened with homelessness

an applicant’s housing needs

what support an applicant needs to get and keep a home.

The housing plan should include:

“required steps” (something that must be done) and

“recommended steps” (something an applicant is encouraged to do).

A local council will have to take ‘reasonable steps’ to:

help the person keep their current accommodation (“the prevention duty”) or,

if they are already homeless, help them secure accommodation for 6 months (“the relief duty”)

The prevention duty is set out in s.195, Housing Act 1996. It can be discharged after 56 days unless the client has a valid s.21 notice which will expire within 56 days and their accommodation is not secured for the next 6 months (e.g. through negotiation with the landlord).

The relief duty is set out in s.189B, Housing Act 1996. It can be discharged after 56 days even if the council haven’t been able to help the client secure alternative accommodation (see below where a client would be owed the main housing duty).

A local council will only have a duty to provide interim accommodation pending the outcome of a homeless application to those they have reason to believe may be eligible, homeless and in priority need (s.188, Housing Act 1996). Advisers should note that the low threshold for the interim duty to apply remains (“reason to believe”). The interim duty can arise whilst the local council is performing the relief duty.

Main housing duty under s.193(2) to secure accommodation arises after 56 days

A local council will still have to secure that accommodation is available to all eligible applicants in priority need who are not homeless intentionally under “the main housing duty” (s.193(2), Housing Act 1996). This duty will now arise after 56 days (s.193, Housing Act 1996).

During the initial 56 days, the local council will have a duty to help the person keep their current accommodation or help them secure accommodation for 6 months (s.189B, Housing Act 1996).

The s.193(2) duty will not arise if, after having been informed of the consequences and right to review of suitability, the client refuses:

a Part VI final offer of accommodation (this is an offer of accommodation via a local authority allocation scheme which states that is a final offer) or

an offer of a private rented sector assured shorthold tenancy for a fixed term of at least 6 months under the relief duty (s.193A).

Advisers should note that if the main housing duty were to arise, the local council could only discharge their duty using a private rented sector offer if, amongst other matters, it was for a fixed term of at least 12 months.

It is anticipated that many local councils will try to make a private rented sector offer to those who would be owed the main housing duty in the relief stage as it is likely to be easier for them to find a 6 month fixed term offer.

Deliberate and unreasonable refusal to cooperate can end assistance

A local council can end the new prevention and relief duties early by warning an applicant and then giving notice that they have deliberately and unreasonably refused to take any step agreed or recorded by the council in the housing plan.

If a person would ordinarily have been owed the main housing duty after 56 days (because they are in priority need and not homeless intentionally), the local council will still have a duty to secure accommodation but this will not be under s.193(2) and can be ended more easily by a private rented sector offer of a 6 month fixed term (s.193B, s.193C, Housing Act 1996).

Referral

Some public authorities will be required to refer people to their local council if the public authority thinks they may be homeless or threatened with homelessness. This includes prisons, youth offender institutions and teams, Jobcentre plus, social services, emergency services and hospitals providing inpatient care. The person has to agree to the referral (s.213B, Housing Act 1996). The Code of Guidance states that a referral will not constitute a homeless application but that local councils should respond to all referrals.

Comment

We would be interested to hear from advisers on how their local councils are approaching the new duties, particularly their approach to the housing plan. The Code of Guidance doesn’t go into detail on “reasonable steps” applicants should take as part of the housing plan and we are keen to know what is happening locally. Please send us details of your experiences to eathousing@citizensadvice.org.uk (for Citizens Advice advisers only).

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