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"This is the book on the law relating to homelessness." The Law Society Gazette*"An indispensable commentary on and guide to a complex and fast-moving area of the law: a must-have for academics, specialist practitioners and busy local government officers alike." Solicitors Journal*For over 40 years, Homelessness and Allocations has been providing advice on the rights of the homeless and the duties of local government. The 13th edition includes updates on: - More than 50 new cases – including R (Imam) v Croydon LBC; R (Jaberi) v Westminster CC; Zaman v Waltham Forest LBC; Uduezue v Bexley LBC; and R (Campbell) v Ealing LBC- Amendments to the Housing Act 1996, Pts 6 and 7, including by the Supported Housing (Regulatory Oversight) Act 2023- Welsh statutory changes Written by two leading experts in the field, this text is the definitive guide on homelessness for housing lawyers and advisers, local authorities, housing and homelessness officers and housing associations.This title is included in Bloomsbury Professional's Local Government Law online service.*Review of a previous edition.
Andrew Arden KC is the former head of Arden Chambers, UK. Justin Bates KC is a barrister at Landmark Chambers, UK.
PrefaceTable of casesTable of statutesTable of statutory instrumentsTable of European legislationTable of international conventions1. The history and policy of the provisionsIntroductionNational Assistance Act 1948Housing (Homeless Persons) Act 1977; Housing Act 1985, Part 3Housing and Planning Act 1986Asylum and Immigration Appeals Act 1993Housing Act 1996, Parts 6 and 7Between 1996 and 2002 ActsHomelessness Act 2002Between 2002 and 2011 ActsLocalism Act 2011 Housing (Wales) Act 2014Homelessness Reduction Act 2017Brexit and BeyondConclusion2. HomelessnessIntroductionAccommodationAccommodation available for occupationRights of occupationRestriction on entry or useReasonable to continue to occupyThreatened with homelessness3. Priority needIntroductionImmigrationPregnancyDependent childrenVulnerabilityEmergencyOther categories4. Intentional homelessnessIntroductionPrincipal definitionDeliberate act or omissionIn consequenceCessation of occupationAvailable for occupationReasonable to continue to occupyExtended definition – collusive arrangements5. Local connectionIntroductionConditions for referralWhat is a local connection?When are the local connection provisions applicable?Relief dutyDuty to secure housingResolution of disputesCross-border referralsNotification dutiesReviewsAccommodation pending resolution and protection of property6. Protection of propertyIntroductionTo whom is a duty owed?When is the duty owed?What is the duty?The power to protect propertyNotification of cessation of responsibility7. Homelessness decisionsIntroductionApplicationsEnquiriesDecisionsReviewReview procedure8. Discharge of homelessness dutiesIntroductionInterim accommodationAccommodation pending reviewAssessment and planDuties to those threatened with homelessnessRelief dutyOther duties to the intentionally homelessOther duties towards the unintentionally homeless in priority needAlternative provisions under the Homelessness Reduction Act 2017 – England9. AllocationsIntroductionMeaning of ‘allocation’Eligibility and qualificationApplications for housingThe allocation schemeProcedureInternal review and challengeAllocations by private registered providers of social housing (England) and registered social landlords (Wales)10. EnforcementIntroductionSubstantive lawProcedural law11. Other statutory provisionsIntroductionCare Act 2014/Social Services and Well-being (Wales) Act 2014Immigration and Asylum Act 1999Children Act 1989/Social Services and Well-being (Wales) Act 2014Local Government Act 2000/Localism Act 2011/Local Government and Elections (Wales) Act 2021Other statutory provisions12. Ancillary provisionsIntroductionHomelessness strategiesProvision of advice and assistanceAid to voluntary organisations – EnglandCodes of PracticeCriminal OffencesAnnex: Immigration EligibilityAppendices:Part 1 England: StatutesPart 2 England: Statutory InstrumentsPart 3 Wales: StatutesPart 4 Wales: Statutory InstrumentsIndex
This is the book on the law relating to homelessness.