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England

Local authority help for homeless veterans

Local authority homelessness duties to people who have served in the armed forces.

This content applies to England

Applying as homeless to a local authority

A local housing authority must accept a homeless application when it has reason to believe a person who has approached them might be either:[1]

  • homeless

  • threatened with homelessness in 56 days

The local authority must then make inquiries into whether the person is eligible based on their immigration or residence status and what duty, if any, it owes them.

Use our interactive tool to check if someone is legally homeless or threatened with homelessness.

Find out if they are eligible for assistance using our homeless rights checker.

Service leavers

A member of the armed forces who is given notice to leave service accommodation should receive a Certificate of Cessation of Entitlement to Occupy Service Accommodation six months before discharge.

The certificate confirms the date when the person’s entitlement to occupy service accommodation ends.

The Homelessness Code of Guidance states that local authorities should not insist on a court order to confirm that entitlement to occupy has ended before accepting that the person is homeless.[2]

Local authority homelessness inquiries

A local authority must make inquiries to determine what duties it owes to a person who is eligible and homeless or threatened with homelessness.[3]

Priority need

A person can have a priority need for homelessness if they are vulnerable as a result of serving in the regular naval, military or air forces.[4]

A veteran might also have priority need if they are vulnerable for another reason, or because of several factors in combination.[5] For example if they are vulnerable because of a disability or mental health condition.

Find out more about priority need of veterans.

Evidence of service

Guidance from the veteran’s charity STOLL encourages local authorities to ask homeless applicants about their service in the armed forces, or about service by any members of their household or even a separated spouse.

The local authority might request evidence that a homeless veteran has served in the armed forces.

The most common ways a homeless veteran can provide evidence of service are by supplying:

  • a copy of a Certificate of Cessation for Armed Forces Accommodation

  • discharge papers

  • a veteran’s ID card

Intentional homelessness

When deciding if it owes the person a long term housing duty, a local authority must make inquiries into whether a homeless applicant became homeless, because of something they did or failed to do.[6]

Find out more about intentional homelessness in homelessness applications.

Local connection

Someone who is already homeless and does not have a local connection to the area they have applied to can be referred to another area where they do have a local connection.[7]

A member of the armed forces can have a local connection to the area they have been posted to.[8]

Find out more about local connection in homelessness applications.

Local authority homelessness duties

The duties a local authority owes to a homeless person vary depending on the outcome of their inquiries.

Prevention and relief duties

When the local authority is satisfied that a person is eligible and either homeless or threatened with homelessness, it must assess their needs and put together a Personalised Housing Plan.[9]

The plan confirms the steps the local authority must take to either:

  • help prevent the person becoming homeless (the prevention duty)[10]

  • help them secure accommodation if they are already homeless (the relief duty)[11]

These duties do not require the local authority to actually provide accommodation. Steps the authority can take could include helping the applicant look for private rented housing or making a referral to a supported housing provider.

If the person is homeless but has no local connection to the local authority they have applied to, the authority might be able to refer them to another local authority.

Find out more about the homeless application process.

Emergency housing

A local authority must provide interim accommodation to the person and their household if it has reason to believe that they might:[12]

  • be homeless

  • be eligible

  • have a priority need

The local authority does not need to be satisfied that the person meets these criteria, only that there is a reason to believe this is the case.

Find out more about interim accommodation.

Long term housing

A local authority owes a long term housing duty to someone who is:[13]

  • eligible

  • homeless

  • in priority need

  • unintentionally homeless

If a person does not have a local connection to that local authority, the authority can refer them to another local authority where they do have a connection. The second local authority owes them the long term duty.

Find out more about the main housing duty.

Armed forces covenant duty

The armed forces covenant is an agreement by the government that members of the armed forces should not be disadvantaged due to their time spent in service.

When carrying out certain functions relating to housing and homelessness, such as assessing a homeless application, local authorities are required to consider the armed forces covenant.[14]

A local authority performing a housing related function must have regard to:[15]

  • the obligations of, and sacrifices made by members of the armed forces

  • the principle that it is desirable to remove disadvantages experienced by members of the armed forces

  • the principle that special provision for service people might be justified for members of the armed forces

A relevant housing function includes when the local authority:[16]

  • allocates social housing properties

  • processes homeless applications

  • formulates homelessness and tenancy strategies

  • awards Disabled Facilities Grants

Homelessness duty to refer

Some public authorities must notify a local authority that a person who has engaged with them might be homeless or at risk of homelessness. This is known as the duty to refer.

The Ministry of Defence is subject to the duty to refer in relation to members of the Royal Navy, the Royal Marines, the regular army and the Royal Air Force.

When the Ministry of Defence becomes aware that any member of these services is homeless or threatened with homelessness, it must make a referral to a local authority housing department. It must obtain the person's consent to make the referral.

Find out more about the duty to refer.

Check if a referral should be made using the homelessness referral checker.

Housing support for serving members of the armed forces

The Homelessness Code of Guidance states that the principal responsibility for providing housing information and advice to service personnel lies with the armed forces up to the point of discharge.

Defence Transition Services is responsible for delivering housing information and advice to service personnel up to the point of discharge.

Some people who have served in the forces for a long period or who are medically discharged might be offered resettlement assistance.[17]

Find out more about where to get help with housing as a veteran or service leaver.

Last updated: 6 March 2023

Footnotes

  • [1]

    s.184(1) of the Housing Act 1996.

  • [2]

    para. 24.8 Homelessness Code of Guidance, MHCLG, Feb 2018.

  • [3]

    s.184 Housing Act 1996.

  • [4]

    Homelessness (Priority Need for Accommodation) (England) Order 2002 SI 2002/2051.

  • [5]

    para 8.40 of the Homelessness Code of Guidance, MHCLG, Feb 2018.

  • [6]

    ss.191(1) and (2) and 196(1) and (2) Housing Act 1996.

  • [7]

    s.198 Housing Act 1996 as amended by s.4(5) Homelessness Reduction Act 2017.

  • [8]

    s.199 Housing Act 1996 as amended by s.315 Housing and Regeneration Act 2008.

  • [9]

    s.189A Housing Act 1996 as inserted by s.3(1), Homelessness Reduction Act 2017.

  • [10]

    s.195(1) Housing Act 1996 as substituted by s.4(2) Homelessness Reduction Act 2017.

  • [11]

    s.189B(1) Housing Act 1996 as inserted by s.5(2) Homelessness Reduction Act 2017.

  • [12]

    s.188(1) Housing Act 1996.

  • [13]

    s.193(2) Housing Act 1996.

  • [14]

    s.8(3)(2) Armed Forces Act 2021; Armed Forces Act 2021 (Commencement No.4) Regulations 2022 (SI 2022/1161 (C.89)).

  • [15]

    s.8(3)(1) Armed Forces Act 2021.

  • [16]

    s.8(3)(4) Armed Forces Act 2021.

  • [17]

    para 24.5 Homelessness Code of Guidance, MHCLG, Feb 2018.