A Persistent and Unequivocal Refusal? The Ending of Interim Accommodation
The duty to provide interim accommodation
The provision of interim accommodation has always been an area of contention between applicants, advisers and local authorities. Given the financial pressure on local authorities, the increasing vulnerability of many applicants and pressure on housing stock, it is has long been contested that councils may seek to maximise this scarce resource by evicting applicants who do not ‘play by the rules’. Therefore, in the context of limited resources, it becomes increasingly more important for professionals to understand which rules apply and in which circumstances.
If a client is homeless or is about to be made homeless when making a homelessness application to a local authority, then there will often be a need to house that person temporarily while the local authority makes further enquiries into the applicant’s circumstances and looks for suitable permanent accommodation. This temporary accommodation is known as interim accommodation.
Section 188 of the Housing Act 1996 provides that a local authority only has a duty to provide interim accommodation where it has reason to believe that the applicant may be homeless, eligible for assistance and in priority need. This can be provided by the local authority directly (a homelessness unit) or other organisation such… Continue Reading