Local authority main housing duty

A local authority owes a homeless applicant the main housing duty when the relief duty ends and the authority are satisfied the applicant is:[1]

• homeless

• eligible for assistance

• in priority need

• not intentionally homeless

Find out more about when the relief duty ends.

When a local authority owes the main duty to an applicant, the authority must secure accommodation for the applicant until the duty ends.[2] This is usually referred to as temporary accommodation.

The main duty might end, for example, when the authority makes an offer of settled accommodation.

A local authority does not owe the main duty to an applicant who turned down a suitable final accommodation or final part 6 offer under the relief duty.[3]

The duty is owed by the authority to which the application was made unless the authority makes a local connection referral.[4]

Find out more about local connection referrals.

When a local authority owes the main duty to an applicant, the authority must secure temporary accommodation for the applicant until the duty ends. For example, the main duty might end when the authority makes an offer of settled accommodation.

Most homeless applicants owed the main duty will be placed in temporary accommodation initially. The local authority may require the applicant to move from one temporary accommodation to another before a permanent offer is made.[5]

Any accommodation secured under the main duty must be suitable.[6] The main housing duty is ongoing, so if one temporary accommodation ends, the authority is under a duty to find the applicant somewhere else to stay on a temporary basis until the duty can be lawfully brought to an end.

Any accommodation must be sufficient to accommodate the applicant and anyone who normally resides, or might reasonably be expected to reside, with them.[7] Normally this duty is met by the provision of a single unit of accommodation, but it could be met by the provision of two separate units of accommodation (such as two adjoining flats or two separate rooms in a hostel, whether self-contained or not), if they are located to enable the family to live together in practical terms.[8]

The authority can discharge its duty to make accommodation available by providing accommodation itself, through another landlord or by providing advice and assistance that is sufficient to secure accommodation.[9] Alternatively, it may be possible for the applicant to be 'homeless at home'.

Accommodation provided by local authority

If the accommodation is from its own stock, any tenancy offered is non-secure, unless the authority notifies the tenant that it is secure and it is an offer made under Part 6 through its allocation scheme. [10] The authority can consider using its own hostels, where it operates them,[11] or leasing accommodation from private landlords.[12]

Accommodation provided through another landlord

Where the authority provides accommodation through another landlord, this may be a private registered provider of social housing (PRPSH) or a private landlord.[13]

The authority can provide financial assistance, such as a finder's fee or a one-off payment to prevent an eviction, to private landlords in order to secure accommodation for homeless people.[14]

Lodgings, hostels, women's refuges, and mobile homes may also be considered, but authorities must consider the suitability of such accommodation, especially if it is possible that the accommodation will be secured for more than the short term.[15]

Where the accommodation is secured from a private registered provider of social housing, the tenancy will be an assured shorthold tenancy unless the tenant is notified that the tenancy will be an assured tenancy.[16]

Possession of an assured tenancy occupied under main duty

A landlord can serve a valid section 8 notice on an assured tenant to start the possession process. The landlord must have a reason for evicting the tenant, called a ground for possession.

A private landlord of an assured tenancy occupied as temporary accommodation under the main housing duty can seek possession by using ground 5G.

The court must award possession on ground 5G where the tenant had at any time occupied the property as an assured tenant under the main housing duty and:[17]

• the local authority has notified the landlord that the tenancy is no longer required for the main housing duty

• the date on the notice is within 12 months of the date the local authority notified the landlord

Find out more about section 8 notices.

Advice and assistance

The authority might discharge its duty by offering advice and assistance that enables the applicant to secure accommodation themselves. This could be, for example, by giving mortgage advice, or by giving advice on shared equity schemes.

The advice and assistance must result in suitable accommodation actually being secured; the duty is not discharged if it does not result in accommodation becoming available.[18]

Homeless at home

If an applicant has been found to be homeless because it is not reasonable for them to continue to occupy accommodation, then remaining in that accommodation, as ‘homeless at home’ can be a discharge of duty for a period whilst the local authority takes steps to secure other accommodation. How long that period can be depends upon the applicant's particular circumstances, but the point will come where it is unreasonable for the applicant to remain there any longer.[19]

An applicant may be homeless because they normally occupy a caravan, houseboat, or other moveable structure, but have no place where they are entitled to put it.[20] In such circumstances, the authority is not required to provide equivalent accommodation, or a place for the applicant to put their accommodation.

However, the authority must consider whether this would be the most appropriate solution for the applicant, and whether such options are reasonably available. This is particularly relevant if the applicant is a Gypsy or Traveller who has an aversion to bricks and mortar accommodation.[21]

Where applicants are not homeless intentionally and have gained priority need status through a household member who is a restricted person, the duty towards them is discharged differently than to other applicants owed the main housing duty.

A 'restricted person' is someone who is subject to immigration control and is not eligible for assistance under Part 7.[22]

The duty continues until it is ended by one of the circumstances set out in section 193 of the Housing Act 1996.

These include where the applicant:

• accepts an offer of accommodation

• refuses certain offers

• stops being eligible for assistance

Find out more about when the main housing duty ends.

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