DCLG issues guidance on Localism Act changes to homelessness legislation

The Department for Communities and Local Government has issued supplementary statutory guidance on the changes that the Localism Act 2011 makes to the homelessness legislation.

Sections 148 and 149 of the 2011 Act amend Part 7 of the Housing Act 1996.

The principal effect of the changes is to amend the way in which the duty on authorities to secure accommodation under section 193(2) of the 1996 Act can be brought to an end with an offer of suitable accommodation in the private rented sector.

The DCLG guidance says: “These changes will allow local authorities to end the main homelessness duty with a private rented sector offer, without the applicant’s consent. The duty can only be ended in the private rented sector in this way with a minimum 12 month assured shorthold tenancy.”

The Department added that if the household becomes unintentionally homeless within two years of taking the tenancy, then the reapplication duty (section195A(1)) applies.

The guidance “explains in practice how the new power, that allows private rented sector offers to be made to end the main homelessness duty, should work and what local authorities should do as a consequence of the new power’s introduction”.

The document also explains the requirements of and provides guidance on the Homelessness (Suitability of Accommodation) (England) Order 2012.

The Order requires local authorities to put in place arrangements to ensure that private rented sector offer accommodation is suitable.

Both sections 148 and 149 of the 2011 Act and the Order came into force today (9 November).

The guidance, which can be read here, supplements parts of the Homelessness Code of Guidance for Local Authorities (published in July 2006) which deal with qualifying offers and reasonable to accept an offer. The DCLG said the two documents should be read in conjunction with each other.