Maximising the use and effectiveness of Section 5 referrals

The number of homes let by RSLs has grown hugely in recent years, now comprising 40 per cent of all the social housing stock. However, while LAs let 28 per cent of all homes to homeless people, the comparable figure for RSLs is only 14 per cent, albeit a share of lets which has been rising.

Good practice on Section 5 referrals is not widely shared. There are some excellent examples of good working arrangements between RSLs and LAs but also examples where roles are confused.

Scottish Executive guidance makes clear that when a Section 5 referral is made the only reason an RSL can reject the referral is if appropriate accommodation will not be available within a reasonable period, usually six weeks. Where LAs and RSLs cannot agree a referral then the decision can go to an arbiter.