Statutory Instruments
Housing, England
Made
13th March 2024
Laid before Parliament
14th March 2024
Coming into force
31st May 2024
The Secretary of State makes this Order in exercise of the powers conferred by section 210(2) and 215(2) of the Housing Act 1996(1).
1.—(1) This Order may be cited as the Homelessness (Suitability of Accommodation) (England) (Amendment) Order 2024.
(2) This Order comes into force on 31st May 2024.
(3) This Order extends to England and Wales.
2. For article 2 of the Homelessness (Suitability of Accommodation) (Amendment) (England) Order 2022(2) substitute—
“2.—(1) Article 4 of this Order expires on 1st June 2024;
(2) Article 5 of this Order expires on 1st June 2025.”.
Signed by authority of the Secretary of State for Levelling Up, Housing and Communities
Felicity Buchan
Parliamentary Under Secretary of State
Department for Levelling Up, Housing and Communities
13th March 2024
(This note is not part of the Order)
This Order amends the Homelessness (Suitability of Accommodation) (Amendment) (England) Order 2022 (“2022 Order”) (S.I. 2022/521) which made temporary modifications to the Homelessness (Suitability of Accommodation) (England) Order 2012 (“2012 Order”) (S.I. 2012/2601) and to the Homelessness (Suitability of Accommodation) (England) Order 2003 (“2003 Order”) (S.I. 2003/3326).
The modifications made by the 2022 Order apply until 1st June 2024 to certain persons who apply for homelessness assistance within two years of their arrival in the United Kingdom (“recent arrivals”).
Article 2 has the effect of extending the temporary modifications made to the 2012 Order by the 2022 Order but it does not extend temporary modifications made to the 2003 Order. As a result:
from 1st June 2024, recent arrivals with family commitments (meaning a household that includes a pregnant woman and/or families with children) must be treated like other homeless applicants with family commitments, and therefore may only be accommodated in B&B accommodation for 6 weeks or less and if no other accommodation is available for occupation by them; and
until 1st June 2025, when determining whether the location of accommodation is suitable for a recent arrival for the purposes of Part 7 of the Housing Act 1996 (“the 1996 Act”) (c. 52), a local housing authority is only required to take into account the significance of any disruption that would be caused to any relevant caring responsibilities rather than the factors listed in article 2 of the 2012 order. Relevant caring responsibilities are responsibilities of the recent arrival or a member of that person’s household for persons with whom there are family associations.
A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen.
S.I. 2022/521, amended by S.I. 2023/509.