Homelessness and Allocations

Andrew Arden KC is the former head of Arden Chambers, UK. Justin Bates KC is a barrister at Landmark Chambers, UK.

Preface
Table of cases
Table of statutes
Table of statutory instruments
Table of European legislation
Table of international conventions

1. The history and policy of the provisions
Introduction
National Assistance Act 1948
Housing (Homeless Persons) Act 1977; Housing Act 1985, Part 3
Housing and Planning Act 1986
Asylum and Immigration Appeals Act 1993
Housing Act 1996, Parts 6 and 7
Between 1996 and 2002 Acts
Homelessness Act 2002
Between 2002 and 2011 Acts
Localism Act 2011
Housing (Wales) Act 2014
Homelessness Reduction Act 2017
Brexit and Beyond
Conclusion

2. Homelessness
Introduction
Accommodation
Accommodation available for occupation
Rights of occupation
Restriction on entry or use
Reasonable to continue to occupy
Threatened with homelessness

3. Priority need
Introduction
Immigration
Pregnancy
Dependent children
Vulnerability
Emergency
Other categories

4. Intentional homelessness
Introduction
Principal definition
Deliberate act or omission
In consequence
Cessation of occupation
Available for occupation
Reasonable to continue to occupy
Extended definition – collusive arrangements

5. Local connection
Introduction
Conditions for referral
What is a local connection?
When are the local connection provisions applicable?
Relief duty
Duty to secure housing
Resolution of disputes
Cross-border referrals
Notification duties
Reviews
Accommodation pending resolution and protection of property

6. Protection of property
Introduction
To whom is a duty owed?
When is the duty owed?
What is the duty?
The power to protect property
Notification of cessation of responsibility

7. Homelessness decisions
Introduction
Applications
Enquiries
Decisions
Review
Review procedure

8. Discharge of homelessness duties
Introduction
Interim accommodation
Accommodation pending review
Assessment and plan
Duties to those threatened with homelessness
Relief duty
Other duties to the intentionally homeless
Other duties towards the unintentionally homeless in priority need
Alternative provisions under the Homelessness Reduction Act 2017 – England

9. Allocations
Introduction
Meaning of ‘allocation’
Eligibility and qualification
Applications for housing
The allocation scheme
Procedure
Internal review and challenge
Allocations by private registered providers of social housing (England) and registered social landlords (Wales)

10. Enforcement
Introduction
Substantive law
Procedural law

11. Other statutory provisions
Introduction
Care Act 2014/Social Services and Well-being (Wales) Act 2014
Immigration and Asylum Act 1999
Children Act 1989/Social Services and Well-being (Wales) Act 2014
Local Government Act 2000/Localism Act 2011/Local Government and Elections (Wales) Act 2021
Other statutory provisions

12. Ancillary provisions
Introduction
Homelessness strategies
Provision of advice and assistance
Aid to voluntary organisations – England
Codes of Practice
Criminal Offences

Annex: Immigration Eligibility
Appendices:
Part 1 England: Statutes
Part 2 England: Statutory Instruments
Part 3 Wales: Statutes
Part 4 Wales: Statutory Instruments
Index