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Statutory Homelessness

This guide explores the complexities of statutory homelessness, covering essential aspects such as applicant eligibility, assessment of homelessness status, priority needs, and interim accommodation under s.188 of the Housing Act. It examines the implications of intentionally homeless status and the temporary duty under s.190, along with considerations for local connection and the full housing duty per s.193. The document also addresses vulnerability factors, including addiction, and the legal precedents that shape these issues, providing resources for further support.

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Statutory Homelessness

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  1. Statutory Homelessness

  2. Is the applicant – Eligible?Homeless?Priority Need?Interim (s.188) AccommodationIntentionally Homeless?Temporary Duty (s.190)Local Connection?Full Housing Duty (s.193) Emergency housing - Five tests:

  3. Vulnerability and Addiction • Welsh code - recovery from alcohol or drug abuse as type of medical problem • R v Waveney DC ex p Bowers (1983) • self-induced alcoholism ≠ vulnerability • Crossley v City of Westminster (2006) CA ‘…drug addiction itself cannot amount to a special reason for vulnerability…’ – however risk of relapse and other factors important

  4. Longer term housing • 36,960 in TA in London (CLG report - Sept Quarter 2010 England) • 362,289 on LA waiting lists in London (CLG – Nov 2010) • 2009/10 – 8,000 LA lettings (new lettings inc supported) • 2009/10 – 27,000 PRPSH lettings (new lettings inc supported) • £87pwk avg PRPSH rent, £72pwk avg LA rent (1 bed - CORE data, compiled by TSA) • £127(outer London)-£550 pwk (central London) (London.gov.uk rent map)

  5. Resources Shelterline – 0808 800 4444 NHAS – consultancy and training – www.nhas.org.uk Shelter website – www.shelter.org.uk Shelter legal http://england.shelter.org.uk/legal

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