New Regulations 2 – Private Sector Suitability

The Government has today laid The Homelessness (Suitability of Accommodation) (England) Order 2012 SI 2012 No. 2601. It comes into force on 9 November 2012

This sets out the issues for determining suitability (or the lack thereof) of accommodation for discharge of the full homeless duty by offer of private sector accommodation.

This is going to be a regulation we will probably be spending a lot of time on. Certainly 3. will be pored over in detail and given the 9 November 2012 commencement, sooner rather than later.

But only for those of us in England. The SI doesn’t extend to Wales. Where we are all moving (posts passim).

Posted in FLW case note, Homeless, Housing law - All and tagged , . RSS feed for this post and comments.

About

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts, and still is Nearly Legal on Google +

4 Comments

  1. Jonathan
    Posted 18/10/2012 at 9:03 am | link to comment

    “…are of the view that..” ” ..reasonable precautions..”

    think the gloves are off here.

  2. Ben Reeve-Lewis
    Posted 19/10/2012 at 10:33 am | link to comment

    Yesterday I attended a day long briefing by CLG about how this is going to operate in a nuts and bolts way. Very interesting I must say.

    Challenges are expected on affordability and suitability around employment, support, family etc. We were all advised to make offers watertight.

    It also re-affirms the notion of rehousing out of borough and the challenges that will come from that.

    It’s certainly going to be a battleground for the foreseeable future

  3. frednach
    Posted 20/10/2012 at 4:59 pm | link to comment

    Having a brief glimpse at the forthcoming provision into suitability it is interesting to note two points;

    First, the provision in it’s format seems rather one sided, it starts from the premise of what a ‘local authority’ deems reasonable.

    Second, in the midst of benefit capping there is nothing in the provision on suitability unless mistaken about affordability or high rent charged in the private sector.

    With regards to the latter whilst this government goes down the road of saving money, poor private tenant’s affected by the benefits cap will have to face being homeless so as to negate the benefits cap where local authoriy accepts homeless duty and has a duty to find suitable accommodation. This is surely illogical and rather unnecessary suffering of having to evict families, make them homeless and then give them shelter at huge public costs- makes no sense at all!!

    • Posted 20/10/2012 at 5:56 pm | link to comment

      But affordability is a standard, general suitability requirement and is not expressly excluded here. So it will apply. Granted it would have been helpful to have that made clear.

      And suitability is for the LA to determine. It is now. No change there.

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