Homelessness
 
Five Tests to determine Local Authority’s duty:
 
1.      Is the person eligible?
 
If subject to immigration control, unlikely to be eligible, although there is still a duty to give
advice and assistance.
 
2.      Is the person statutorily homeless or threatened with homelessness?
 
Do not have to be roofless to be homeless. If notice to quit served and likely to become
statutorily homeless in less than 28 days, person will satisfy this test.
 
Where the person has no accommodation in which they are legally entitled to live and
that is available for their household (includes everyone who is expected to live with the
person). This would apply if they have no access (eg locks have been changed) or it is
not reasonable for them to occupy (eg where there is a risk of violence). Can also apply if
living in a caravan, mobile home or boat where there is no available place to pitch or
moor.
 
3.      Is the person in priority need?
 
Priority based on circumstances: pregnancy; children involved; homeless due to
emergency like fire or flood; vulnerability due to old age, mental or physical illness or
disability, young people in certain circumstances, release from prison, leaving armed
forces, or some other special reason.
 
4.      Is the person intentionally homeless?
 
If the person has deliberately done or failed to do something that directly led to them
losing their last settled accommodation (eg breached terms of tenancy agreement) they
might fail this test.
 
Losing a home through rent arrears might not be considered deliberate if there were
reasons why the person could not afford the rent.
 
The LA have a duty to advise and assist, and to protect the property of people who fail
this test.
 
5.      Does the person have a local connection?
 
Local connection can be established if the person was a previous resident in the LA area,
if they have work (paid or unpaid), family or other connections in the area (eg religious or
other community connections).
 
If a person fails this test, the LA can refer the person to another relevant authority and the
previous four tests, if already satisfied, will not need to be satisfied again.
 
 
Timescales:
 
An interview and initial assessment should be made the same or the next working day.
If there is an interim duty to accommodate the person, this should happen the same day.
Enquiries should take place and a decision made within 33 working days.
A written decision should be issued within 3 working days of completing enquiries. This
decision is called a section 184 letter.

CLICK HERE to view a flow chart of the above subject.