Legislation and policy
The legislation and policies that impact homelessness are varied has counter impacts and presents its own challenges in terms of levels and causes of homelessness which are multi factored and intricate.
4.1. Homeless Reduction Act 2017
The homelessness legislation is set out in Part 7 of the Housing Act 1996 and provides the statutory framework and duties for local housing authorities to assist people who are homeless or threatened with homelessness. The legislation was amended via the Homelessness Act 2002 and the Homelessness (Priority Need for Accommodation) (England) Order 2002. These amendments required housing authorities in England to formulate and publish a homelessness strategy based on the results of a review of homelessness in their district. They also extended the groups of people whom housing authorities had a homeless duty towards, now including homeless 16- and 17-year-olds, care leavers aged 18-20, people who were vulnerable as a result of being in care, the armed forces, prison or custody and people who were vulnerable because they had fled their home due to violence.
The Homelessness Reduction Act 2017 (HRA) came into effect on 3 April 2018 and significantly reformed England’s homelessness legislation by placing duties on local authorities to intervene at earlier stages to prevent homelessness. It also required housing authorities to enhance homelessness services to every household who is homeless or threatened with homelessness, and not just those who are considered to be in ‘priority need’.
4.2. Rough sleeping - Ending rough sleeping for good in 2022
Ending rough sleeping for good is a cross-government strategy setting out how the government and its partners will end rough sleeping for good. The strategy sets out how the whole government is taking action to meet its ambition to end rough sleeping, reflecting on the significant progress that has been made since the initial 2018 Rough Sleeping Strategy. The strategy is built on 3 pillars – prevention, crisis, and relief.
4.3. The Tenant Fees Act 2019
This Act prohibits landlords and letting agents from requiring a tenant, licensee or other 'relevant person' to pay fees, other than 'permitted payments', in connection with specified private rented sector tenancies/licenses. This would normally come in the guise of renewal fees or credit check fees. It also caps all deposits to 5 weeks’ equivalent rent. This is a positive change as it makes access to the private rented sector more affordable as up-front fees and rent deposits are minimized.
4.4. The Homes (Fitness for Human Habitation) Act 2018
This requires a landlord to ensure a property meets minimum safety standards. Violations can range from mould, small, cramped living spaces, lack of adequate sanitation facilities, insecure doors, and windows, excess cold and potential for trips and falls. This Act empowers tenants to obtain redress in the courts for sub-standard accommodation. Poor standard accommodation in the private sector can increase the need for tenants to move home.
4.5. Rented Homes Bill 2021 / Renters Reform Bill
This Bill proposes to amend the Housing Act 1988 to abolish Assured Shorthold Tenancies. Thereby disabling a landlord’s ability to commit to a fast-track eviction under Section 21 of the Housing Act, as this section will be repealed. Although more grounds for eviction will be introduced in the bill, it will oblige landlords to prove the grounds of eviction to a court. Removing the fast-track to evictions approach substantially increases the security of tenure for private renters.
4.6. The Supported Housing Regulatory Oversite Act 2023
The act came into force on the 29th of August 2023 and was passed as a response to the issues with the quality of some of the accommodation, providers and the care and support provided in exempt accommodation. Some providers were seen to place profits over the actual provision of care and support which is an essential part of supported exempt accommodation.
The Act will allow the Government to create new National Supported Housing Standards which will set out minimum standards for supported exempt accommodation and will aim to address the type or condition of accommodation, as well as the care or support provided whilst ensuring provision is value for money. There is no set date for these standards to be introduced and it is not currently known what the standards will specify. Alongside an introduction of minimum expected standards, The Act will introduce new licensing regulations specifically to exempt supported accommodation. It also sets out how a new Supported Housing Advisory Panel will work and makes changes to the rules on intentional homelessness when a person leaves accommodation which does not meet national standards. The act will also require local authorities in England to review supported housing in their areas and develop Supported Housing Strategies.
4.7. Domestic Abuse Act 2021
The Domestic Abuse Act makes provisions about domestic abuse, for the granting of measures to assist individuals in certain circumstances and has changed the homelessness legislation to give automatic priority need to victim/survivors of domestic abuse.