Rehousing when someone is displaced by poor conditions
Local authority duties to rehouse someone is displaced by a prohibition order, demolition order or compulsory purchase.
When a local authority must rehouse someone
An occupier is entitled to rehousing by a local authority if they are displaced from residential accommodation by either:[1]
a prohibition order
a demolition order
compulsory purchase
redevelopments or improvements after the land was compulsory purchased
This is set out in the Land Compensation Act 1973.
The local authority only has a rehousing duty if suitable alternative residential accommodation on reasonable terms is not available to the displaced person.
The duty only applies to people living in the property at the time of the making of the order or the decision to acquire the land or redevelop.[2] It would not include someone who moved in after that date.
Overlap with homelessness duties
The rehousing duty in the Land Compensation Act is separate from a local authority's duty to accept a homeless application. There is no requirement that the person meets the other criteria a local authority would normally consider as part of a homeless application. For example, they do not need to have a priority need.
Prohibition orders
A prohibition order can prohibit use of a residential property, HMO or communal areas. This is usually because the property is not safe to live in.[3] A prohibition order can set restrictions on the occupiers of a property. For example, it could state the children are not allowed to live there.
A local authority has a duty to rehouse someone who has been displaced by a prohibition order if no other suitable accommodation is available.
A local authority can also issue an emergency prohibition order to prevent the use of the property with immediate effect.[4] Emergency prohibition orders are not included in the list of housing orders that would trigger a rehousing duty.
Someone displaced by an emergency prohibition order could make a homeless application to the local authority.
Find out more about local authority enforcement action.
Demolition orders
A local authority can make a demolition order in certain situations, including when there are category 1 or 2 hazards under the Housing Health and Safety Rating System.[5] A demolition order might be used where the property is unsafe and remedial works are not possible.
A local authority has a duty to rehouse someone who has been displaced by a demolition order if no other suitable accommodation is available.
Compulsory purchase
A compulsory purchase order allows a public authority to acquire land without the consent of the landowner. Compulsory purchase might be used to allow major infrastructure works to be completed or to clear areas of poor-quality housing.
A local authority has a duty to rehouse someone who has been displaced by compulsory purchase if no other suitable accommodation is available.
When a local authority does not have a rehousing duty
The local authority does not have a duty to rehouse a displaced person if they were:[6]
a trespasser
a 'short-life user' permitted to use the land pending demolition or improvement
The duty does not apply where displacement is a result of compulsory purchase in response to a blight notice under the Town and Country Planning Act 1990.[7] A blight notice can be issued by a person who is subject to compulsory purchase to require the purchasing public authority to buy the land earlier than they had intended to.
Accommodation provided under the duty
Accommodation provided by the local authority should be suitable for the person's needs. It does not need to be on the same terms as the accommodation the person has been displaced from. The person could be accommodated in a different area.
Local authorities are entitled to put the applicant into temporary accommodation awaiting rehousing. Where the local authority made a compulsory purchase and the applicant refused two offers of permanent accommodation, the local authority had fulfilled its duty by providing bed and breakfast accommodation until more suitable accommodation was available.[8]
Where a person is rehoused following displacement, this is not treated as an allocation of housing[9] Direct offers outside of the usual allocations procedure can be made.
A local authority can choose give priority to displaced people in its allocations policy. A displaced person does not automatically have any priority over those on the waiting list or those being housed as homeless.[10]
Compensation for people displaced by a housing order
A person displaced by a housing order might be entitled to compensation. This could be through a:
home loss payment
disturbance payment
A home loss payment can be granted when a person was in occupation of the property as their only or main residence for a one-year period prior to displacement.[11]
A disturbance payment can be made to compensate an occupier for reasonable expenses in moving from their property.[12]
A person can still receive compensation if they were rehoused by the local authority.
Find out more about compensation for people displaced from their home.
Homelessness applications
A person who has been displaced from their home might need to make a homeless application if they are not otherwise entitled to rehousing. For example, if:
the local authority has not made an order
the occupiers were displaced by a different type of order
the occupiers moved in after the order was made
When someone is homeless due to poor conditions
A person does not need to have no accommodation to be legally homeless. Homelessness can include if someone has accommodation but cannot stay there. This includes where:
the person is unable to access the accommodation
the person has legal right to occupy the accommodation
the accommodation is not reasonable for the person to continue to occupy
A person might have no legal right to occupy the accommodation if a prohibition order has been made that states they cannot live there.
Find out more about when someone is legally homeless.
Local authority duties where someone is homeless
A local authority must accept an application if it has reason to believe someone might be eligible based on their immigration status and either homeless or threatened with homelessness.
It must arrange interim accommodation if it has reason to believe the person might be:
homeless
eligible
in priority need
Find out more about the homeless application process.