Introduction to homelessness in Wales

Part 2 of the Housing (Wales) Act 2014 prescribes homelessness rules for Wales. The Act also legislates on other areas of housing, including the regulation of the private-rented sector.

These provisions apply to homelessness applications made to local authorities in Wales on or after 27 April 2015.

Applications made before 27 April 2015 were governed Part 7 of the Housing Act 1996 until any duty is discharged or ended.[1]

Regulations under Part 2 of the Housing (Wales) Act 2014 specify details on:

• eligibility for help[2]

• intentional homelessness[3]

• suitability of accommodation[4]

• challenging LA decisions[5]

Statutory Code of Guidance for Local Authorities in Wales is in effect from 24 March 2016. Part 2 provides guidance on exercising homelessness functions. Part 1 provides guidance on exercising allocation functions under Part 6 of the Housing Act 1996.[6]

This Code replaces the Code of Guidance for Local Authorities on the Allocation of Accommodation and Homelessness issued in April 2015.

The Code is not legally binding but failure to have regard to it can lead to the quashing of homeless decisions as unlawful under public law. Advisers can quote what the Code says on any particular issue to support a case, and the courts can require authorities to justify any departure from it.[7]

In England and Wales, lower courts are bound to follow precedents established in higher courts when deciding analogous cases. Decisions of the High Court, Court of Appeal and Supreme Court are binding on the County Court. Decisions of County Court are not binding but may be persuasive and can be useful to quote when negotiating with local authorities.

There is no case law on the homelessness provisions of the Housing (Wales) Act yet. Case law developed under the Housing Act 1996 should remain binding in relation to those parts of the Welsh legislation which are unchanged, although caution may need to be exercised in relation to areas where the aspects of the previous law have been modified.

The Housing (Wales) Act 2014 and the Housing Act 1996 both contain provisions for local connection referrals between local authorities.[8] Under these provisions, applicants can be referred between Welsh and English authorities.

The Housing (Wales Act sets out rules for applicants in Wales on:

• establishing a local connection

• referral conditions and procedures

• duties of the respective authorities when dealing with such cases

The provisions in Part 2 of the Housing (Wales) Act 2014 apply to homelessness applications made to local authorities in Wales on or after 27 April 2015.

For the law applicable to applications made in Wales before that date, contact Shelter Cymru.