The Homelessness (Suitability of Accommodation) (Wales) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

When discharging a housing function to secure that accommodation is available for an applicant who is homeless, or threatened with homelessness, under Part 2 (Homelessness) of the Housing (Wales) Act 2014 (“the 2014 Act”), a local housing authority (“authority”) must ensure that the accommodation is suitable. Section 59 of the 2014 Act (suitability of accommodation) specifies certain matters to be taken into account when determining suitability for the purposes of Part 2 of the 2014 Act.

By section 59(3)(a) of the 2014 Act, the Welsh Ministers have the power to specify circumstances in which accommodation is, or is not, to be regarded as suitable for a person. By section 59(3)(b), the Welsh Ministers may also specify matters which an authority must take into account, or disregard, in determining whether accommodation is suitable.

This Order is divided into three parts. Part 1 specifies matters which authorities must take into account in determining the suitability of accommodation. Part 2 specifies when B&B and shared accommodation are not suitable to be used for temporary accommodation. Part 3 specifies when private rented sector accommodation is not suitable for discharging the duties under section 75 of the 2014 Act. This Order comes into force on 27 April 2015.

This Order applies to a household which the authority has reason to believe, or is satisfied, is owed a duty under sections 68, 75 or 82 of the 2014 Act.

Part 1 of this Order applies to households containing persons who are, or may be in priority need. Article 3 specifies matters to be taken into account, where appropriate, in determining whether accommodation is suitable for a person. These matters relate to the health needs or disability of an applicant or a member of the applicant’s household, and the proximity of social services, medical facilities and other essential support. Possible disruption to employment, education or caring responsibilities must also be considered, as must the proximity of any relevant domestic abuse perpetrator or victim.

Part 2 applies to interim accommodation made available, under the duties in section 68 of the 2014 Act, to those who are, or may be in priority need. It also applies to temporary accommodation provided, under the duties in sections 75 and 82 of the 2014 Act, to those in priority need.

Article 4 of Part 2 specifies when Bed and Breakfast (“B&B”) accommodation is not to be regarded as suitable accommodation for a person who is, or may be, in priority need. B&B accommodation is defined as commercially provided accommodation which, whether or not breakfast is provided, is not self contained or which involves sharing certain amenities with another household.

Article 5 provides that shared accommodation is not to be regarded as suitable for a person who is, or may be in priority need unless it meets the higher standard as defined in article 2 of this Order.

Articles 4 and 5 are subject to the exceptions in articles 6 and 7.

Article 6 sets out the exceptions to articles 4 and 5 for all types of accommodation.

Article 7(1) sets out the exceptions to article 4 on the use of B&B accommodation. These exceptions relate to minimum standards, duration of occupation, and the choice of the applicant. Except where the higher standard is required (and subject to the exceptions in article 6), B&B accommodation must be of at least the basic standard to be regarded as suitable for the purposes of providing temporary accommodation for households who are or may be in priority need under Part 2 of the 2014 Act. The basic standard requires that the B&B accommodation must meet all statutory requirements. Some examples are fire and gas safety, planning permission and HMO licencing (where required). The premises must also be managed by a fit and proper person.

Article 7(2) sets out the exceptions to article 5 on the use of shared accommodation. These relate to minimum standards of accommodation, duration of occupation, and the choice of the applicant. It also provides an exception for some refuges from domestic abuse.

Article 7 also specifies circumstances in which accommodation is not to be regarded as suitable. It does this by specifying higher minimum standards for shared B&B and shared accommodation which is used for longer periods of temporary accommodation for households who are, or may be in priority need of accommodation.

In calculating the total period of time during which a household containing a person in priority need has been housed in B&B accommodation, an authority is to disregard any period spent in such accommodation where such an applicant was being housed by another local housing authority prior to the conditions for a referral being met in accordance with sections 80 to 83 of the 2014 Act. Those sections provide that, where an authority is of the opinion that the conditions for a referral are met and that an applicant has a local connection with the area of another local housing authority, it may refer the applicant to that authority and, if the conditions for referral are met, the second local housing authority is subject to the duty under section 73 of the 2014 Act in respect of the applicant.

Part 3 of the Order relates to private rented sector accommodation offered in discharge of an authority’s duties to homeless applicants in priority need of accommodation as provided by section 76(3) and (4) of the 2014 Act. Article 8 specifies circumstances in which such accommodation is not to be regarded as suitable.

Article 9 makes provision for revocation of the previous suitability Orders in Wales made under Part 7 of the Housing Act 1996. Paragraph (2) makes transitional and saving provisions for those applicants who have applied before this Order has come into force.