Homelessness Duty

Statutory guidance for local authorities is structured around this sequence of duties, moving from early intervention to a firm duty to house. Its chapter structure reflects the stages: 'Chapter 12: Duty in cases of threatened homelessness (the prevention duty)', followed by 'Chapter 13: Relief duty', with a further chapter giving 'Guidance on housing authority duties and powers to secure accommodation for applicants; how they arise and are brought to an end, including under the main housing duty.' Whether the strongest duty is owed also depends on 'priority need' — guidance on 'the categories of applicant who have a priority need for accommodation if they become homeless' is set out in its own dedicated chapter.

The main housing duty itself is defined in the Housing Act 1996. It applies where the local housing authority 'are satisfied that an applicant is homeless and eligible for assistance, and are not satisfied that the applicant became homeless intentionally', and 'are also satisfied that the applicant has a priority need.' Where it applies, 'they shall secure that accommodation is available for occupation by the applicant.' The duty is not indefinite: it ends if the applicant, among other things, 'ceases to be eligible for assistance', 'becomes homeless intentionally from the accommodation made available for his occupation', or 'accepts an offer of accommodation under Part VI (allocation of housing).'