The bill will also abolish priority need and intentional homelessness tests in favour of a more universal homelessness duty
The Homelessness and Social Housing Allocation (Wales) Bill, passed by the Senedd earlier this week, will require social landlords to cooperate with housing authorities on homelessness nominations.
The bill has placed registered providers (RPs) under a legal obligation to assist with homelessness functions and has given ministers new powers to issue a direction to RPs requiring them to comply.
It has also abolished priority need and intentional homelessness tests, which means all eligible homeless people will have access to the full housing duty, not just priority groups.
Jayne Bryant, cabinet secretary for housing and local government, said: “Recognising a public service response is required to effectively address homelessness, the bill widens responsibility for the identification and prevention of homelessness to ensure stronger cooperation across Welsh public services.”
The bill will also introduce a local connection test for the main homelessness duty, which means that a council must secure accommodation unless the applicant has no local connection to any Welsh authority.
This marks a shift from the previous duty, where local connection was only considered in the context of referrals after priority need decisions, whereas it will now determine whether the full duty applies.
Additionally, it will utilise a broader definition of being “threatened with homelessness” by extending the risk period from 56 days to six months. This means that a person likely to become homeless within half a year is owed a prevention duty, for example if they have received a notice to quit or a possession claim.
Matt Downie, chief executive at Crisis, said: “The new Homelessness and Social Housing Allocations Bill has the potential to be life-changing for the thousands of people across Wales that are facing the trauma that comes from living without a stable place to call home. The new law includes world-leading measures which aim to drive down high levels of homelessness and help to prevent people from being pushed into homelessness in the first place.
“It also looks to improve the support available to people who are experiencing homelessness, and to address many of the barriers we see in our frontline services day in, day out.”
In summary, the Homelessness and Social Housing Allocation (Wales) Bill:
- Amends the definition of ‘threatened with homelessness’ and extends the prevention period from 56 days, to six months.
- Strengthens the steps taken by local authorities to prevent homelessness.
- Introduces Prevention, Support and Accommodation Plans (PSAP).
- Introduces new rights to request a review for applicants, in relation to decisions taken regarding their case.
- Specifies additional circumstances in which duties can be brought to an end.
- Widens the accommodation options to be considered as a means of relieving homelessness.
- Abolishes the priority need and intentionality tests.
- Introduces a local connection test for the main homelessness duty.
- Introduces a new duty to provide help to retain suitable accommodation.
- Introduces a new duty on specified public authorities to “ask and act” in relation to persons in Wales.
- Places new duties on local authorities to take reasonable steps to secure suitable accommodation is available for occupation for certain young people leaving care.
- Introduces a new duty for local authorities’ co-operation arrangements to include a joint protocol between social services and local housing authorities.
- Requires local housing authorities to make arrangements to promote co-operation between itself and certain other bodies through development of protocols and case co-ordination models.
- Clarifies homelessness duties for those entering and leaving the secure estate.
- Broadens the definition of domestic abuse, bringing it into line with the Domestic Abuse Act 2021.
- Ensures ongoing engagement with people with lived experience of homelessness.
- Requires local housing authorities to have regard to Part 4 of the Renting Homes (Wales) Act 2016 (condition of dwelling) when determining suitability.
- Requires Welsh Ministers to report periodically on the use and condition of interim accommodation across Wales.
- Enables local authorities to request registered social landlords and private registered providers of social housing (“social landlords”) to make an offer of suitable accommodation in their area for a specific applicant owed the final homelessness duty.
- Requires local housing authorities to take ‘reasonable steps’ to provide an applicant with an opportunity to view the accommodation being offered, before a duty can be ended.
- Provides local authorities with the discretion to decide which classes of person are or are not qualifying persons for social housing in their area, provided they are not ineligible for allocation, and subject to certain constraints on qualification.
- Introduces a test for those who have engaged in ‘deliberate manipulation’ of the homelessness system in order to gain advantage when applying for social housing.
- Creates a sixth category of ‘reasonable preference’ for those to whom local authorities owe duties under section 108A of the Social Services and Well-being (Wales) Act 2014.
- Requires local housing authorities in Wales to establish and maintain a Common Housing Register and an Accessible Housing Register for their local area.
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