This page is targeted at housing professionals. Our main site is at www.shelter.org.uk

Collusion

This content applies to England

A brief discussion of collusion and the effect it will have on an homelessness application.

Collusion

If a person enters into an arrangement that requires her/him to leave accommodation that it would have been reasonable to continue to occupy, and the purpose of the arrangement is to enable the person to take advantage of the homelessness provisions, then s/he will be found intentionally homeless, unless there are other good reasons for the homelessness.[1]

This is to avoid collusion between family or friends, landlords or tenants.[2] The Homelessness Code of Guidance suggests that good reasons might include overcrowding and an obvious breakdown in relations between the applicant and her/his host or landlord.[3] Authorities will need to be satisfied that collusion exists and cannot merely rely on hearsay or unfounded suspicions.[4]

Applications made before 3 April 2018

The current Homelessness Code of Guidance was introduced on 3 April 2018 and the references on this page are to this Code. For applications made before this date, the recommendations of the 2006 Code of Guidance should apply.

[1] s.191(4) Housing Act 1996.

[2] para 6.16 Homelessness Code of Guidance, MHCLG, Feb 2018.

[3] para 9.29 Homelessness Code of Guidance, MHCLG, Feb 2018.

[4] para 9.28 Homelessness Code of Guidance, MHCLG, Feb 2018.

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