Threatened with homelessness

A person is threatened with homelessness if it is likely that s/he will become homeless or will fall within one of categories of homelessness set out in the legislation, within two months. [1]

Although the statutory definition of someone threatened with homelessness is someone likely to become homeless within two months, the Code of Guidance stresses that authorities should be ready to advise and assist people as soon as the possibility of their becoming homeless becomes known to the authority. It states that local authorities should not wait until the person is actually homeless before providing assistance. [2]

The legislation states that it must be likely that the applicant will become homeless in two months to be treated as threatened with homelessness. [3] Once a repossession order has been granted, the applicant should be treated as homeless. [4]

If an authority has reason to believe that there may be a threat of homelessness it must make inquiries to confirm this, and then may decide to investigate whether the applicant became threatened with homelessness intentionally. [5]

Local authorities have a duty to take reasonable steps to make sure that accommodation does not cease to be available for those who are unintentionally threatened with homelessness, and to give advice and assistance to others threatened with homelessness. [6] The purpose of this advice and assistance should be to support attempts by the applicant to secure that accommodation does not cease to be available for his/her occupation. [7]

This does not prevent authorities from taking possession proceedings against council tenants, however local authorities should bear in mind their strategic responsibility for preventing homelessness and repeat homelessness when considering action in any particular case. [8]

The Code of Guidance places strong emphasis on the importance of prevention of homelessness. [9] It stresses the importance of publicising homelessness services provided by the authority and others so that those at risk of homelessness can get help as soon as possible. [10] A local authority has a statutory duty to ensure that advice and information about homelessness and the prevention of homelessness, and related services in its area, are available free of charge. [11]