Housing Act 1985

Main definitions E+W

58 Homelessness and threatened homelessness. E+W

(1) A person is homeless if he has no accommodation in England, Wales or Scotland.

(2) A person shall be treated as having no accommodation if there is no accommodation which he, together with any other person who normally resides with him as a member of his family or in circumstances in which it is reasonable for that person to reside with him—

(a) is entitled to occupy by virtue of an interest in it or by virtue of an order of a court, or

(b) has an express or implied licence to occupy, or Scotland has a right or permission or an implied right or permission to occupy, or

(c) occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of another person to recover possession.

[F1 (2A) A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy.

(2B) Regard may be had, in determining whether it would be reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the district of the local housing authority to whom he has applied for accommodation or for assistance in obtaining accommodation.]

(3) A person is also homeless if he has accommodation but—

(a) he cannot secure entry to it, or

(b) it is probable that occupation of it will lead to violence from some other person residing in it or to threats of violence from some other person residing in it and likely to carry out the threats, or

(c) it consists of a movable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted both to place it and to reside in it.

(4) A person is threatened with homelessness if it is likely that he will become homeless within 28 days.

Textual Amendments

F1 S. 58(2A)(2B) inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 14(2)

59 Priority need for accommodation. E+W

(1) The following have a priority need for accommodation—

(a) a pregnant woman or a person with whom a pregnant woman resides or might reasonably be expected to reside;

(b) a person with whom dependent children reside or might reasonably be expected to reside;

(c) a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside;

(d) a person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster.

(2) The Secretary of State may by order made by statutory instrument—

(a) specify further descriptions of persons as having a priority need for accommodation, and

(b) amend or repeal any part of subsection (1).

(3) Before making such an order the Secretary of State shall consult such association representing relevant authorities, and such other persons, as he considers appropriate.

(4) No order shall be made unless a draft of it has been approved by resolution of each House of Parliament.

60 Becoming homeless intentionally. E+W

(1) A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

(2) A person becomes threatened with homelessness intentionally if he deliberately does or fails to do anything the likely result of which is that he will be forced to leave accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

(3) For the purposes of subsection (1) or (2) an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.

(4) Regard may be had, in determining whether it would have been reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the district of the local housing authority to whom he applied for accommodation or for assistance in obtaining accommodation.

61 Local connection. E+W

(1) References in this Part to a person having a local connection with the district of a local housing authority are to his having a connection with that district—

(a) because he is, or in the past was, normally resident in that district, and that residence is or was of his own choice, or

(b) because he is employed in that district, or

(c) because of family associations, or

(d) because of special circumstances.

(2) For the purposes of this section—

(a) a person is not employed in a district if he is serving in the regular armed forces of the Crown;

(b) residence in a district is not of a person’s own choice if he becomes resident in it because he, or a person who might reasonably be expected to reside with him, is serving in the regular armed forces of the Crown.

(3) Residence in a district is not of a persons’ own choice for the purpose of this section if he, or a person who might reasonably be expected to reside with him, became resident in it because he was detained under the authority of an Act of Parliament.

(4) The Secretary of State may by order specify other circumstances in which—

(a) a person is not to be treated for the purposes of this section as employed in a district, or

(b) residence in a district is not to be treated for those purposes as of a person’s own choice.

(5) An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.