By using this site, you consent to the use of cookies. This site uses cookies to provide enhanced functionality and to analyse how visitors use the site, but it does not identify individual users.
Shapps consults on safeguards over private rented sector offers
Thursday, 07 June 2012 00:00
The Housing Minister is to consult on safeguards for vulnerable families for when local authorities are allowed to end the main homelessness duty by arranging an offer of suitable accommodation in the private rented sector, without requiring the applicant’s agreement.
The change – enabled by the Localism Act 2011 – is intended to help councils tackle waiting lists and move people out of temporary accommodation.
Protections under the 2011 Act include a requirement that the assured shorthold tenancy must be for a minimum fixed term of 12 months. If the applicant becomes unintentionally homeless again within two years of accepting the private rented sector offer, the main homelessness duty will recur regardless of priority need.
The proposed draft Homelessness (Suitability of Accommodation) (England) Order 2012 now sets out the circumstances in which accommodation used for the private rented sector offer to end the main homelessness duty is not to be regarded as suitable.
The safeguards private landlords will have to meet before councils can place homeless families in their accommodation include:
a current Gas Safety record;
the accommodation and any appliances or furnishings provided conforming to standards on fire and electrical safety;
precautions to be taken by landlords to prevent the possibility of carbon monoxide poisoning;
the need for a valid Energy Performance Certificate; and
a written tenancy agreement that the local authority considers adequate.
The Government is also consulting on ways to strengthen the location aspect of suitability of the accommodation, to ensure that, wherever possible, families are not subject to a long-distance move.
Shapps said: "With record numbers on housing waiting lists, we're absolutely determined to give councils the flexibility they need to fulfil their statutory duties to the homeless while managing their housing stock in a way that's fair to all residents.
"At the same time, the most vulnerable in our communities who find themselves homeless through no fault of their own deserve a safe and secure roof over their heads, close to their community wherever possible. These new safeguards will ensure vulnerable families have this reassurance whether they're placed in the private or social rented sector."
The consultation, which runs until 26 July 2012, can be viewed here.
The use of pseudonyms is permitted. Supplying an email address is optional and will not be published or used for any purpose other than notifying you of new comments on this article (if requested below).
All comments will be moderated before publication. We reserve the right not to publish comments that are offensive, defamatory or irrelevant to the topic.
A local authority has substantially reduced the amount of damages payable as a result of its unlawful eviction of a secure tenant from residential accommodation. Read more
Westminster City Council hailed a “crucial precedent” for local authorities today after the Supreme Court clarified the scope of their duty to provide accommodation to vulnerable individuals. Read more
The Court of Appeal has provided important guidance on the matters to be taken into account when deciding whether a homeless person is “vulnerable” for the purposes of the Homelessness Act 1996. Paul Brown QC explains the ruling. Read more
The Court of Appeal has looked at whether a homeless applicant with a fear of heights could refuse an offer of accommodation the local authority considered suitable. Alexander Campbell assesses the implications. Read more
Jonathan Auburn and Benjamin Tankel review three recent cases relating to the duty of local authorities to provide for families with no recourse to public funds. Read more
A High Court judge has handed down the latest Zambrano ruling. Catherine Rowlands analyses the judgment and sets out the further cases to be heard. Read more
There has been plenty of action this week on the tenders front, most notably with the news that the London Boroughs Legal Alliance is to establish a new solicitors framework agreement from this October.
If you’re a householder, having to take legal proceedings must be a nuisance. And even more so when the issue is a nuisance at law; and a toxic one at that.
Latest Blog Posts
There has been plenty of action this week on the tenders front, most notably with the news that the London Boroughs Legal Alliance is to establish a new solicitors framework agreement from this October.
If you’re a householder, having to take legal proceedings must be a nuisance. And even more so when the issue is a nuisance at law; and a toxic one at that.
This entry reports on when and how changes introduced by the Growth and Infrastructure Act 2013 will be brought into force.
All comments will be moderated before publication. We reserve the right not to publish comments that are offensive, defamatory or irrelevant to the topic.