Housing policies

1.0 Introduction

1.1 This policy sets out how North Northamptonshire Council will aim to discharge duties owed under homelessness legislation to homeless households through offers of accommodation.

1.2 This policy covers the utilisation of the powers granted to local authorities by the commencement of the Localism Act 2011 and requirements of Part 7 Housing Act 1996 and the Homelessness Reduction Act 2017.

1.3 The council can discharge its homelessness duties through securing suitable, available accommodation for the household. The property can be low cost home ownership, supported housing, or social housing or a property in the private rented sector which complies with the relevant suitability requirements. In light of a limited supply of social housing, that is far outweighed by demand, it is the council's policy that it will always look to find suitable private rented sector accommodation for any applicant in the first instance, where it is deemed a suitable housing solution.

1.4 Statutory regulations require the council to take several matters into account in determining the suitability of accommodation.

1.5 Private rented sector accommodation can be used to prevent or relieve homelessness, or to bring the main housing duty to an end. This policy covers the use of the offer of a private rented sector tenancy, and the circumstances in which the council may do so, to discharge homelessness duties owed to homeless households as set out above.

1.6 This policy has full regard for legislation, government guidance, caselaw and it meets relevant aims set out in the North Northamptonshire Homelessness and Rough Sleeping Strategy 2024 to 2029.

1.7 This policy should be read in conjunction with:

• North Northamptonshire Temporary Accommodation Policy
• North Northamptonshire Keyways Housing Allocations Scheme
• North Northamptonshire Private Rented Sector Access Fund Policy

2.0 Legal context

2.1 The primary legislation governing the allocation of social housing is Part 6 Housing Act 1996 (as amended). This legislation requires the council to make all allocations and nominations in accordance with its published Housing Allocation Scheme (North Northamptonshire Keyways Housing Allocations Scheme). The council is required to frame its Housing Allocation Scheme to give “reasonable preference” to certain categories of people, those categories relevant to this policy are:

• people who are homeless as defined in Part 7 of the Housing Act 1996 (as amended)
• people who are owed a particular statutory duty by any local housing authority under certain provisions of homelessness legislation

2.2 Offer or nominations made to homeless households under the Housing Allocation Scheme are referred to as ‘Suitable Part 6 Offers’ or ‘Final Part 6 Offers’.

2.3 The Localism Act 2011 (S148 and S149) introduced provisions which enable the council to bring its statutory housing duty under S193 Part 7 Housing Act 1996 (as amended) (the Act) to an end, by making an offer of a private rented sector tenancy (a Private Rented Sector Offer (PRSO)) rather than a social housing tenancy.

2.4 Amendments to the Act under the Homelessness Reduction Act 2017 (HRA) extend the powers in the Act to encourage local authorities to embed an approach to use private sector accommodation to discharge its prevention duty to households threatened with homelessness, and relief duty to homeless households.

2.5 The aim of the HRA is to assist households with resolving their homelessness as early as possible. For some homeless households, depending on the duty owed and type of accommodation offered, rejecting the offer may result in the duty being discharged, and may result in no further duties being owed. This means that they may not receive any further offers of accommodation (social or private rented sector housing) and the duty owed to them will be discharged.

2.6 The council has four primary accommodation and assistance duties, these are:

• Prevention duty (S195)
• Interim accommodation duty (S188)
• Relief duty (S189B)
• Main housing duty (S193)

2.7 The duties relevant to this policy are:

• Prevention duty (S195)
• Relief duty (S189B)
• Main housing duty (S193) (for information relating to the interim accommodation duty (S188) and temporary accommodation secured under this duty please refer to North Northamptonshire Council’s Temporary Accommodation Policy)

2.8 This policy outlines the process through which the council will offer homeless households, owed any of the duties listed above, social housing and private rented sector accommodation.

2.9 This policy covers the use of private rented sector accommodation to prevent or relieve homelessness, or to bring the main housing duty to an end.

3.0 Aims and objectives of this policy

3.1 The aims and objectives of this policy are

3.1.1 To provide clear, and transparent information to homeless households in relation to how the council will seek to discharge its statutory duties - as quickly as possible - through offers of accommodation, including when and how the will make a suitable and affordable offer of private rented sector accommodation.

3.1.2 Increase the number of households prevented from becoming homeless and relieved of their homelessness by helping them to secure suitable and affordable accommodation in the private rented sector (irrespective of priority need, intentionality, and local connection¹).

3.1.3 Improve the overall health and wellbeing of homeless households by preventing the need for, or reducing the time spent in, temporary accommodation.

3.1.4 Reduce the council’s use of and costs associated with the provision of temporary accommodation.

3.1.5 Minimise disruption to homeless households by offering long term private rented sector accommodation in their home area² where possible, and where safe and suitable to do so, or within North Northamptonshire.

3.1.6 Offer homeless households accepted on to North Northamptonshire Keyways (North Northamptonshire Council’s Choice Based Letting System) the choice to receive an offer of social and affordable housing in up to 5 different areas within North Northamptonshire.

3.1.7 To support all North Northamptonshire Keyways landlords in making the best use of their housing stock in North Northamptonshire, ensuring that larger homes, specialist housing, and homes adapted for disabilities, are made available to those who need them most.

3.1.8 Ensure that vulnerable people, including young people, care leavers and people at risk of domestic abuse or other forms of violence are provided with a suitable offer of long-term accommodation.

3.1.9 Promote tenancy sustainment in both the social and private rented housing sectors.

4.0 Overview of the homelessness duties

4.1 Applicant

4.1.1 This is a person, and members of their family and household, who applies to the council for assistance because they are homeless or threatened with homelessness. Homeless households are referred to as ‘the Applicant’ throughout this policy.

¹Although the council will not apply any blanket policies and will consider each case on its own merits; the council will refer cases with no local connection in accordance with legislation and guidance

²The area from which they became homeless. There are 5 ‘areas’ within North Northamptonshire for this purpose (Corby, Kettering, Wellingborough, East Northants - North and East Northants - South

4.2 Priority need

4.2.1 S189 of the Act and the Homelessness (Priority Need for Accommodation) (England) Order 2002 (the ‘2002 Order’) sets out certain categories of applicants who are in priority need for accommodation, for example families with resident and dependent children and people who are vulnerable as a result of a physical disability.

4.3 Assessments and personalised housing plans (S189A)

4.3.1 The council has a duty to carry out an assessment in all cases where the applicant is eligible and homeless or threatened with homelessness, which includes assessing:

• the circumstances that have caused them to be homeless or threatened with homelessness
• their housing needs, and what accommodation would be suitable for them, their household and anybody who might reasonably be expected to live with them
• the support that would be necessary for them, and anybody who will be living with them, to have and sustain suitable accommodation

4.3.2 Following this assessment, the council will work with the applicant to develop a personalised housing plan, which will include actions (or ‘reasonable steps’) to be taken by the council and by the applicant to try and prevent or relieve homelessness. As part of this plan, the council will outline the steps required to access the private rented sector and North Northamptonshire Keyways, this will include the steps that the applicant should take and the steps that the council will take.

4.3.3 The council will make every effort to secure the agreement of applicants to their personalised housing plans. Identifying and attempting to address personal wishes and preferences will help achieve that agreement, and improve the likelihood that the plan will be successful in preventing or relieving homelessness.

4.3.4 Assessments and personalised housing plans must be kept under review throughout the prevention and relief stages, and any amendments notified to the applicant. The council will establish timescales for reviewing plans, and these are likely to vary according to individual needs and circumstances.

4.4 The prevention duty (S195)

4.4.1 This duty applies when the council is satisfied that the applicant is both threatened with homelessness and eligible for assistance, regardless of whether the household is in priority need or became homeless intentionally. The council is obliged to take reasonable steps to help the applicant either remain in their existing accommodation or secure alternative accommodation. The duty continues for 56 days unless it is brought to an end, for example by an event such as accommodation being secured for the person, or by their becoming homeless.

4.5 The relief duty (S189B)

4.5.1 This duty applies when the council is satisfied that the applicant is both homeless (or has become homeless despite activity during a prior prevention duty) and eligible for assistance, regardless of whether the household is in priority need or became homeless intentionally. The council is obliged to take reasonable steps to help the applicant secure suitable accommodation with a reasonable prospect that it will be available for their occupation for at least 6 months and so the personalised housing plan will be focused on helping the applicant to secure accommodation. The duty continues for 56 days unless it is ended, for example by an event such as accommodation being secured for the person, or they refuse a suitable final offer of accommodation.

4.5.2 Where the council has reason to believe that an applicant may be homeless, eligible and have a priority need it must provide interim accommodation under S188 whilst fulfilling the relief duty.

4.6 The main housing duty (S193)

4.6.1 If homelessness is not successfully prevented or relieved, where an applicant is unintentionally homeless, eligible for assistance and has a priority need for accommodation, the council has a duty under S193 to secure that accommodation is available for their occupation This is known as ‘the main housing duty’. The main housing duty will not be owed to an applicant who has turned down a suitable final accommodation offer or Part 6 offer made during Relief Duty, or has been given notice due to their deliberate and unreasonable refusal to co-operate (with their personalised housing plan).

4.6.2 Under the main housing duty, the council must ensure that suitable temporary accommodation is available for the applicant and their household until the duty is ended, usually through the offer of long term accommodation. The duty can also be ended for other reasons, such as the applicant turning down a suitable offer of temporary accommodation or because they are no longer eligible for assistance.

4.6.3 A suitable offer of long term accommodation (whether accepted or refused by the applicant), which would discharge the main housing duty, includes an offer of a secure or introductory tenancy with a local authority, an offer of accommodation through a private registered provider (also known as a housing association) or the offer of a tenancy for at least 12 months from a private landlord arranged by the council.

5.0 Options to discharge the council’s homelessness duties

5.1 This policy covers the following accommodation offers to discharge its duties owed to applicants:

• Social housing through an offer of a direct let (See North Northamptonshire Housing Allocation Scheme)
• Social housing offered or nominated via North Northamptonshire Keyways
• Suitable offer of a private rented sector tenancy

5.2 The different accommodation offers for this purpose are.

5.2.1 Suitable Part 6 Offer - an allocation of social housing made in accordance with North Northamptonshire Keyways Housing Allocation Scheme.

5.2.2 Final Part 6 Offer - a suitable allocation of social housing made in accordance with North Northamptonshire Keyways Housing Allocation Scheme. The applicant is informed of the possible consequences of refusal (and acceptance) and of their right to ask for a review of the suitability of the accommodation, the offer is made in writing and states that it is a final offer (to bring the relief or main housing duty to an end) and the council is satisfied that the accommodation is suitable and that it would be reasonable for the applicant to accept it.

5.2.3 Suitable offer of private rented sector accommodation - an offer or a private rented sector tenancy (assured shorthold tenancy) of at least 6 months but not exceeding 12 months, made by a private landlord, arranged by the council, to bring the prevention and relief duties to an end.

5.2.4 Final accommodation offer - a suitable offer of a private rented sector tenancy of at least 6 months but not exceeding 12 months, made by a private landlord, arranged by the council, to bring the relief duty to an end. The applicant is informed of the possible consequences of refusal (and acceptance) and of their right to ask for a review of the suitability of the accommodation, the offer is made in writing and states that it is a final offer to bring the relief duty to an end, and the council is satisfied that the accommodation is suitable and that it would be reasonable for the applicant to accept it.

5.2.5 Private Rented Sector Offer (PRSO) - is defined in Localism Act 2011 as a suitable offer of a private rented sector tenancy made by a landlord. For this purpose, it is a suitable offer of a private rented sector tenancy of at least 12 months made by a private landlord, arranged by the council, to bring the main housing duty to an end. The applicant is informed in writing of the possible consequences of refusal (and acceptance) their right to request a review of the suitability of the accommodation, and the duties that would be owed to them on re-application³ if they became unintentionally homeless from the accommodation within 2 years of accepting the offer.

5.3 Where the requirement is for a private rented sector tenancy to be a minimum of 6 months the council will always aim to offer longer tenancies of 12 months, particularly where homeless households contain children.

³Refer to Homelessness Code of Guidance Para 18.16 - 18.20 inc

5.4 Suitable private rented sector accommodation for households in priority need, final accommodation offers, and private rented sector offers (PRSO’s) must meet the requirements of Article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 if it is to be considered suitable when offered to an applicant. See Section 9 of this policy for further details.

5.5 This table set out the different types of offers that can be made to applicants depending on the which duty they are owed. It also set out how the duty, and any further duties, are affected if the applicant rejects the offer:

6.0 Applicant identified private rented sector accommodation

6.1 Applicants that self-identify a private rented sector property they wish to move to must seek the approval of the council that it is a suitable property before entering into a contract and if they require assistance from the council to secure it (for example through the Private Rented Sector Access Fund).

6.2 While a property identified by an applicant does not have to conform to the suitability standards required for the council to make an offer of private rented sector accommodation, the council will offer guidance to enable the applicant to consider the standards and will have regard to Article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 in determining its suitability.

6.3 Where an applicant identifies the property and is helped to secure it (for example through negotiation, advocacy or through the provision of financial assistance from the Private Rented Sector Access Fund) this will not constitute an offer of private rented sector accommodation made by the council. Therefore, once the property is secured the application will close and the two-year re-application period will not apply if the applicant moves to a property not arranged by the council regardless of whether they would have been owed the main housing duty.

7.0 North Northamptonshire Keyways Housing Allocations Scheme

7.1 Qualifying applicants (applicants that are eligible and accepted to join North Northamptonshire Keyways because they meet the qualification criteria) owed the prevention, relief, or main housing duty (‘homeless applicants’) will be placed in the relevant priority band depending on the duty owed, whether the applicant is in priority need and have a local connection to North Northamptonshire.

7.2 Homeless applicants will not be able to bid manually, they will have their choice removed and be placed onto ‘autobid’. This means that bids will be automatically placed on available suitable properties. This is to ensure the council prevents and relieves homelessness, and discharges the main housing duty, where possible at the earliest opportunity.

7.3 Homeless applicants placed onto autobid will be able to add a minimum of one, but up to five locality areas⁴ to their Keyways application, within which their bids will automatically be placed (autobid). This means that the applicant could receive an offer of accommodation, or nomination, anywhere within their chosen locality area(s).

⁴The locality areas are Corby, Kettering, Wellingborough, East Northants - North and East Northants - South. Homeless applicants will be given the opportunity to select their chosen locality areas during their full housing assessment with a Housing Adviser. The locality areas chosen by the homeless applicant will be recorded in their personalised housing plan.

7.4 Homeless applicants who successfully shortlist for an available property, and satisfy additional verification, will receive in writing, a Final Part 6 Offer.

7.5 In order for the council to be able to discharge its duties owed to homeless applicants by making a suitable offer of accommodation, keep an applicant’s stay in temporary accommodation to a minimum (if applicable) and support Keyways landlords to make best use of social housing stock, it will:

7.5.1 Complete quarterly reviews of all homeless applicants in order it can monitor the time is takes for homeless applicants to receive a Final Part 6 Offer. At each quarterly review the council will consider the likelihood of the homeless applicant receiving a Final Part 6 Offer and may take the decision to add additional locality areas to their application. In doing so, the council will clearly record against each case its considerations, based on the individual facts of each case and issues relating to suitability, and its decision whether (or not) to add any extra, or all, locality areas; and

7.5.2 Consider making a direct let to households owed a main duty in or outside of the homeless applicant’s chosen locality area(s)⁵ or extended areas in line with 7.5.1. (but within North Northamptonshire) whose household is considered large in size (3 or + bedroom need) and require specialist adapted accommodation for example, wheelchair accessible and ground floor bedroom and level access shower.

7.6 In all cases, the council must make a suitable offer of accommodation. For more information on how the council will consider suitability please refer to Section 9 of this policy.

7.7 In all cases the applicant can request a review of the suitability of their Final Part 6 Offer, whether or not the applicant accepts or rejects the offer. For more information please refer to Section 10 of this policy.

7.8 Please refer to North Northamptonshire Keyways Housing Allocations Scheme for more information.

8.0 Which applicants will receive a suitable offer of a private rented sector tenancy

8.1 The council’s policy is that a suitable offer of private rented sector accommodation, a final accommodation offer, or a PRSO (PR Offers) may be made to any applicant where the law allows it, Section 2 of this policy sets out the legislative framework for this.

⁵Please refer to Section 9 of this policy which outlines how the council will determine suitability of the offer of accommodation in these cases.

8.2 The number of applicants that will be made PR Offers each year will depend on the supply of suitable private rented sector properties.

8.3 The following groups may be excluded from receiving PR Offers:

1. Applicants eligible for sheltered housing who require on site support and alarms because it is unlikely that this type of housing can be provided in the private rented sector.
2. Applicants that need wheelchair adapted properties or other significant adaptations because these are especially difficult to procure in the private rented sector.
3. Any applicant which the council determines requires supported accommodation or would be unable to sustain a private rented sector tenancy.

8.4 Exceptions may also be made for other applicants in respect of whom there is a compelling reason why a PR Offer would not be appropriate. A decision will be taken after a consideration of each household’s individual circumstances.

8.5 The following general principles will apply when making a PR Offer:

8.5.1 Prevention, relief and the main housing duty will be discharged if an applicant rejects the relevant PR Offer (see table in Section 5 of this policy):

• Applicants owed the prevention duty who reject a suitable offer of private rented accommodation will be eligible for the relief duty if they go on to become homeless
• Applicants owed the relief duty will not be eligible for a main housing duty assessment if they reject a suitable final accommodation offer
• Applicants owed the relief or main housing duty, who reject a final accommodation offer or PRSO respectively, will not be made any further offers of accommodation but the council will continue to offer advice and other assistance in order to help them to resolve their homelessness

8.5.2 Applicants will have the right to request a review of the decision that a PR Offer is suitable.

8.5.3 Applicants will have the right to request a review that the prevention, relief or main housing duty is discharged upon rejection of a PR Offer.

8.5.4 The council may fund any deposits or rent in advance required by a landlord to secure a PR Offer (in accordance with the Private Rented Sector Access Fund).

8.5.5 The council will only make a PR Offer that is suitable (including affordability) considering the applicant’s individual circumstances and relevant legislation, guidance and caselaw.

8.5.6 PR Offers will be made in the applicant’s home area (or any additional areas within North Northamptonshire selected by the applicant) where possible, and where safe and suitable to do so. If this is not possible, PR Offers will be made in a neighbouring area(s) and as close to the applicant’s home area or areas of choice.

8.5.7 The council will not seek to make PR Offers outside of its area of North Northamptonshire, and will only do so in the following circumstances:

• The applicant requests a PR Offer outside of North Northamptonshire
• The applicant must relocate outside of North Northamptonshire for safety reasons
• The council cannot meet the applicants housing needs or discharge its duties owed to the applicant in North Northamptonshire within a reasonable period of time (all efforts in this regard will be fully documented before making a PR Offer outside of North Northamptonshire).

8.5.8 In making a PR Offer outside of North Northamptonshire the council will have particular regard to The Homelessness (Suitability of Accommodation) Order 2012 (S.I. 2012/2601), in particular, paragraph 2 (and the principles in the 2015 Supreme Court ruling (Nzolameso v LBC Westminster). In addition:

• The council will take particular care to ensure that applicants have sufficient information about the location of the accommodation and the services that would be available to them there (including details of the provider of the accommodation and the local authority social care teams if appropriate)
• The council will consider the level of disruption caused by the location of the accommodation with regard to employment, education, health needs, distance and mobility
• If the homeless household contains school age children, the council will contact the relevant Local Education Authority to make them aware of the placement
• The council will notify the host local authority of the accommodation in writing (by email)

8.5.9 In all cases, practical support to enable a move may be offered and will be tailored to the individual needs of each applicant and may include help to: transfer any care and support packages, access employment support, enrol children in schools, register with a GP and help to access other local services.

8.5.10 In all cases, applicants will be given the chance to view accommodation that is offered, before being required to decide whether they accept or refuse an offer, and before being required to sign any written agreement relating to the accommodation for example, a tenancy agreement.

9.0 Suitability of accommodation

9.1 S206 of the Act provides that where a housing authority discharges its functions to secure that accommodation is available for an applicant the accommodation must be suitable. This applies in respect of all powers and duties to secure accommodation under Part 7 (including interim duties). The accommodation must be suitable in relation to the applicant and to all members of their household who normally reside with them, or who might reasonably be expected to reside with them.

9.2 All offers of accommodation, made by the council, to discharge the prevention, relief and main housing duties must be suitable. The council will assess whether an accommodation offer is suitable for each applicant individually, and case records will demonstrate that statutory requirements have been considered in securing the accommodation.

9.3 S210 of the Act sets out matters the council must have regard to when determining suitability.

9.3.1 Parts 9 and 10 of the Housing Act 1985 (the ‘1985 Act’) (slum clearance and overcrowding).

9.3.2 Parts 1 to 4 of the Housing Act 2004 (the ‘2004 Act’) (housing conditions, licensing of houses in multiple occupation, selective licensing of other residential accommodation, additional control provisions in relation to residential accommodation).

9.3.3 The Homelessness (Suitability of Accommodation) Order 1996 (S.I. 1996/3204), which covers the affordability of the accommodation for the household.

9.3.4 The Homelessness (Suitability of Accommodation) (England) Order 2003 (S.I 2003/3326) which specifies the circumstances in which accommodation will not be regarded as suitable for household types.

9.3.5 The Homelessness (Suitability of Accommodation) Order 2012 (S.I. 2012/2601), in particular, paragraph 2 of the 2012 Order which requires consideration of:

• where the accommodation is situated outside the district of the local housing authority, the distance of the accommodation from the district of the authority
• the significance of any disruption which would be caused by the location of the accommodation to the employment, caring responsibilities or education of the person or members of the person’s household
• the proximity and accessibility of the accommodation to medical facilities and other support which:
  - are currently used by or provided to the person or members of the person’s household
  - are essential to the well-being of the person or members of the person’s household
• the proximity and accessibility of the accommodation to local services, amenities and transport

9.4 The council will therefore consider the following when making an offer of long-term accommodation for a homeless household:

• Distance of the accommodation from their home area and outside of the council’s area
• Affordability of the accommodation
• If the homeless household has their own transport including additional costs and the impact of these
• Availability and accessibility of public transport
• Existing or pending employment within the household
• Caring arrangements provided to or by the household
• Children’s schools, including availability of school places to transfer to in the new area, any statement of special educational need or educational health care plan, and whether any child is at a pivotal point of education, i.e. GCSE’s or A level
• Physical and medical needs of the household
• Any other relevant factors as raised by the applicant

9.5 The council will maintain clear records to demonstrate that consideration has been given to these items when placing a homeless household in accommodation.

9.6 Suitability of private rented sector accommodation.

9.7 Article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 concerns the suitability of privately rented accommodation offered to certain applicants who are homeless or threatened with homelessness.

9.8 Private rented sector accommodation must meet the requirements of Article 3 if it is to be considered suitable when offered:

1. To bring to an end the S193(2) main housing duty (S193(7F))
2. As a final accommodation offer made in the S189B relief stage (S193A(6) and S193C(9))
3. To an applicant who has priority need, in order to prevent or relieve their homelessness.

9.9 A private rented property must not be regarded as suitable if the council is of the view any of the following apply:

1. It is not in a reasonable physical condition.
2. Electrical equipment supplied with the accommodation does not meet the requirements of Schedule 1 to the Electrical Equipment (Safety) Regulations 2016.
3. The landlord has not taken reasonable fire safety precautions with the accommodation and any furnishings supplied with it.
4. The landlord has not taken reasonable precautions to prevent the possibility of carbon monoxide poisoning in the accommodation.
5. The landlord is not a fit and proper person to act in the capacity of landlord.
6. It is a house in multiple occupation subject to licensing under S55 of the Housing Act 2004 and is not licensed.
7. It is subject to additional licensing under S56 of the Housing Act 2004 and is not licensed.
8. It forms part of residential property which does not have a valid Energy Performance Certificate as required by the Energy Performance of Buildings (England and Wales) Regulations 2012.
9. It is or forms part of relevant premises which do not have a current gas safety record in accordance with regulation 36 of the Gas Safety (Installation and Use) Regulations 1998.
10. The landlord has not provided a written tenancy agreement to the housing authority which the landlord proposes to use for the purposes of a private rented sector offer, and which the housing authority considers to be adequate. (The council will review the tenancy agreement to ensure that it sets out, in a clear and comprehensible way, the tenant’s obligations, for example a clear statement of the rent and other charges, and the responsibilities of the landlord, but does not contain unfair or unreasonable terms, such as call-out charges for repairs or professional cleaning at the end of the tenancy).

9.10 To determine whether or not accommodation meets the requirements set out in Article 3 the council will undertake inspections, paying attention to signs of damp or mould and indications that the property would be cold as well as to a visual check made of electrical installations and equipment (for example; looking for loose wiring, cracked or broken electrical sockets, light switches that do not work and appliances which do not appear to have been safety tested.

9.11 The particular requirements of Article 3 do not apply to accommodation secured for households that do not have priority need, or to accommodation that the authority helped the applicant to secure (for example through negotiation, advocacy or through the provision of financial assistance from the Private Rented Sector Access Fund) but which the applicant identified themselves.

9.12 However, council will make reasonable efforts to ensure private rented accommodation secured for applicants who do not have priority need is safe, and in reasonable condition; and that all applicants looking for their own accommodation have sufficient guidance to enable them to consider standards.

10.0 Review of suitability

10.1 Under S202 of the Act, an applicant has the right to request a review of the council’s decision that an accommodation offer made to end the prevention, relief or main housing duty is suitable.

10.2 An applicant can request a review of the decision that an accommodation offer is suitable, and that the duty owed to them under the homeless legislation is discharged within 21 days of being notified of the decision. An applicant can accept the accommodation offer and still request a review. Review requests received later than this will only be accepted in exceptional circumstances.

10.3 Once a review request is received, the council will write to the applicant to acknowledge receipt of the request. Regulation 9 of The Homelessness (Review Procedure etc) Regulations 2018 provides information on the period within which the applicant (or the applicant’s authorised agent) must be notified of the decision on a review.

10.4 The review will be carried out by a senior officer who was not involved in the original decision.

10.5 In reviewing the decision, the council will have regard to any information relevant to the period before the decision was made (even if only obtained afterwards) as well as any new relevant information obtained since the decision.

10.6 The review may be unsuccessful (that is, the original decision is upheld) or successful in which case the original decision is amended. The council will write to the applicant to advise of the decision. The letter will be sent to their address and where this is not known, a copy will be available for collection at the council’s offices. The decision letter will give reasons for any findings. It will also set out the limited right of appeal to the County Court under S204 of the Act.

11.0 Recording, monitoring and review

11.1 How homelessness duties are discharged will be recorded using the council’s case management system, Jigsaw.

11.2 This policy is underpinned by a range of working procedures.

11.3 This policy will be reviewed annually or sooner if there are any changes to legislation or operational requirements that may impact on this policy and its delivery.

11.4 Minor changes to this policy can be agreed by the Assistant Director Strategic Housing Property Services and Development or their duly delegated representative. Where there are significant changes or changes to legislation then this will require the appropriate governance.

12.0 Complaints

12.1 North Northamptonshire Council operates a Compliments, Comments and Complaints Policy so that everyone is clear about how to compliment, comment and complain about services provided by the council and what will happen to those comments once they are received.

13.0 More information

13.1 If you would like further information about this policy, please contact North Northamptonshire Council’s Housing Solutions Service:

Address: Municipal Offices, Bowling Green Road, Kettering, Northants, NN15 7QX
Telephone: 0300 126 3000
Email: [email protected]

1.0 Introduction

1.1 The Homeless Reduction Act 2017 (HRA) places two main duties on the local authority:

• a duty to prevent homelessness where someone is threatened with homelessness within 56 days
• a duty to relieve homelessness where someone is already homeless

1.2 The Act requires local authorities to provide homelessness services to all eligible people threatened with homelessness or actually homeless, irrespective of priority need, intentionality and local connection.

1.3 If an applicant becomes homeless, they may require temporary accommodation. Local authorities will focus on homelessness prevention and relief initiatives to prevent anyone from having to live in temporary accommodation.

1.4 Living in temporary accommodation can be disruptive, and have a detrimental impact on the physical, emotional and financial welfare of homeless households. The provision of temporary accommodation is also extremely costly to the local authority and there is a constant effort to reduce expenditure.

1.5 Often a small spend, to resolve issues within existing accommodation, or to help someone to access alternative accommodation, far outweighs the cost of providing temporary accommodation and affordable and social housing.

1.6 To positively end a prevention or relief duty to an applicant the local authority must be satisfied that the applicant has suitable accommodation available for their occupation and a reasonable prospect of that accommodation being available for at least six months.

1.7 Both duties can be discharged with a long-term offer of social housing (for qualifying applicants) but with increased pressures on demand for social housing it is not always a quick or appropriate solution for many applicants, in addition, applicants are not able to exercise choice (see North Northamptonshire Keyways Housing Allocation Scheme and Discharge of Homelessness Duties (Accommodation Offers) Policy for more information).

1.8 North Northamptonshire Council will always strive to help someone to remain in their existing accommodation - where it is safe and suitable to do so - or to help them to secure alternative suitable accommodation with friends and family, supported accommodation, private rented accommodation (see Private Rented Sector Access Fund Policy for more information), or low cost home ownership.

1.9 Funding for this policy is from 2 main sources:

• Ministry of Housing Communities & Local Government (MHCLG) allocation of Homelessness Prevention Fund (formerly Flexible Homelessness Support Grant and Homelessness Reduction Grant)
• North Northamptonshire Council

2.0 Aims and Objectives of this Policy

2.1 The aim of this policy is to enable Housing Advisers to deliver the HRA in a true and meaningful way and prevent homelessness by providing a payment which allows them to remain in their current home or relieve homelessness by a providing payment which enables them to secure alternative suitable accommodation - irrespective of priority need, intentionality, and local connection¹.

2.2 In turn this policy would prevent the need for many homeless households to be provided with temporary accommodation, which is a better, less disruptive, outcome for the household and helps the council to keep its costs to a minimum.

2.3 The aim of this policy is to ‘spend to save’; a small spend can save a much larger spend in provision of temporary accommodation and staffing costs associated with assessing and determining applications for homelessness assistance.

2.4 In accordance with homeless applicants’ Personalised Housing Plans (PHP), applicants will still be required to take reasonable steps to prevent or relieve their homelessness, including saving money and contributing funds where possible to assist with resolving their housing situation.

2.5 Any payment would be made as a grant to the applicant, on the basis the provision of the payment would outweigh the costs associated with progressing and determining an application for assistance and or providing temporary accommodation, even long-term social housing².

3.0 Examples of Homeless Prevention Fund Payments

3.1 Housing Advisers should be encouraged to use this Fund as creatively as possible to prevent and relieve homelessness, even on a temporary basis to avoid or delay the need for a household to be provided with temporary accommodation until such time as long term housing can be secured.

¹Although the Council will not apply any blanket policies and will consider each case on its own merits; the Council will refer cases with no local connection in accordance with legislation and guidance

 ²This policy operates on a ‘spend to save’ principle, and there is no requirement for Housing Advisers to carry out actual calculations/cost balancing exercises

3.2 For those households who are threatened with homelessness, Housing Advisers will often need to get to the root cause of the issue, for example:

• purchasing bunk beds and storage solutions to help with overcrowding and organisation in a busy family home
• purchasing carpets or curtains to alleviate noise or nuisance issues
• providing board and lodging payments for a young adult to remain in the family home until they can claim benefits and source employment
• provide financial supplements to support other friends and family members providing accommodation to prevent someone from becoming homeless
• purchasing a mobile phone to allow support and contact to be provided
• purchasing ID so that someone can claim benefits, open a bank account and or secure a room rent or tenancy

3.3 Housing Advisers should take the view, that if it will solve the housing problem, then any request for payment from the Fund will be considered.

3.4 The Homelessness Prevention Fund can also be used in more traditional situations:

• Clearing or part clearing rent or mortgage arrears to enable a household to remain in their accommodation
• Funding or part funding rent in advance where a household has secured accommodation via North Northamptonshire Keyways (the council’s Choice Based Lettings System)
• Funding or part funding storage and removals as part of a solution to prevent or relieve homelessness
• Reconnection enabling a household to travel to another part of the country, or to another country, because they can access accommodation and support there
• Payments to private landlord to delay the eviction of private tenants while alternative accommodation is secured to prevent the need for temporary accommodation.

3.5 A payment can be provided in any other situation if deemed reasonable and appropriate in accordance with the aims of this policy by the Authoriser (see ‘Fund Payments Authorisation Procedure’ for more details).

4.0 Eligibility

4.1 The Fund can be used for:

• Single people, couples or families who are homeless (including those owed the main housing duty under S193 Part 7 Housing Act 1996 (as amended) (the Act)) or threatened with homelessness within 56 days
• They must have completed a full housing assessment with a Housing Adviser and deemed eligible for assistance in accordance with S185 of the Act³
• They must have a local connection to the North Northamptonshire Council area in accordance with homelessness legislation (households without local connection may be considered if there are exceptional circumstances determined by the Authoriser)
• They must be actively engaging with the council to prevent or relieve their homelessness

4.2 Households may not be eligible if:

• they have income and savings which would enable them to make the payments themselves
• there are reasonable alternative means of funding available, for example, if benefit or charitable payments would reduce or clear arrears
• there is evidence to suggest that they would be unable to manage a tenancy successfully, even if support was provided for example, they have been refused access to supported accommodation owing to their needs being too high
• it becomes evident that false information has been supplied, or relevant information has been withheld
• the accommodation is considered too expensive for the household to afford, is unsustainable, in some way unsuitable, or is in a poor state of repair
• where larger payments are made, for example to clear rent or mortgage arrears, the payment will not result in the applicant being able to access or remain in accommodation for at least 6 months

4.3 Circumstances in which payments will not be made include but are not limited to:

• Hotels or lodgings (the Fund is intended to facilitate alternatives to this)
• Where other funding is available for example, Discretionary Housing Payment (DHP) or charitable funds
• Anything which could be seen to support potentially illegal or immoral action by any party
• Where repeat payments have been made to an applicant from this Fund to remedy homelessness owing to the same cause

4.4 No recourse to public funds

4.4.1 The Fund can be used to reconnect households with no recourse to public funds who elect to return to their local authority area or country of origin where they have access to accommodation and support.

³Except for those households seeking voluntary reconnection to their area or country of origin where they have access to accommodation and support.

5.0 Homeless Prevention Fund Procedure

5.1 The Housing Adviser must make an assessment that the applicant is eligible for assistance from the local authority in accordance with S185 of the Act, and homeless or threatened with homelessness in accordance with S175 of the Act.

5.2 The applicant must have completed a full housing assessment with a Housing Adviser and be actively working with the Housing Adviser to prevent or relieve their homelessness including referrals to any support services or organisations, for example, money and debt advice. The applicant must also be able to provide the usual documentary evidence and in addition copies of statements from all bank, post office, building society or savings accounts held to evidence that they do not have the necessary funds available to them.

5.3 The Housing Adviser must make an assessment that the applicant meets the eligibility criteria for this Fund in Section 4 of this policy.

5.4 The Housing Adviser can still offer support to applicants assessed as ineligible for assistance under S185 of the Act using this Fund. Please refer to paragraph 4.4 for further details.

5.5 The Fund should be considered and detailed in line with a range of associated reasonable steps within the applicants PHP.

5.6 To request approval for a payment from the Fund to be made, the Housing Adviser must submit the Homelessness Prevention Fund Request to the Authoriser for authorisation.

5.7 Once authorisation is provided the Housing Adviser should complete a Payment Requisition and send it to Finance for the payment to be made. The payment will be made by BACS to the receiving party.

5.8 For purchasing smaller items, the Housing Adviser should arrange this with the Authoriser for use of their corporate credit card.

5.9 The Housing Adviser must attach the Homelessness Prevention Fund Request, authorisation and Payment Requisition and goods receipts to the applicant’s case. The Housing Adviser must also confirm details of any payment from the Fund in the applicant’s general advice and end duty letter.

5.10 Clearing arrears

5.10.1 Where a payment is being made to help an applicant to remain in their accommodation (for example by clearing or part clearing arrears) the Housing Adviser must assess the ongoing sustainability and affordability of the accommodation using the Personal Budget Sheet.

5.11 Receiving party

5.11.1 Where a payment is to be made by BACS the receiving party must provide written agreement that the payment will be used in the way intended, for example, to clear or part clear arrears.

5.11.2 A payment will not be made to the applicant unless in exceptional circumstances as determined by the Authoriser.

5.12 Part 6 Offers

5.12.1 In majority of cases, applicants will have been made aware of any offer and nomination and been provided with sufficient notice of any requirement to pay rent in advance.

5.12.2 In circumstances where there are genuine affordability issues a Housing Adviser can use the Fund to help an applicant to take up a Part 6 Offer. The Housing Adviser must contact the landlord and Registered Provider to negotiate a lesser payment if possible and request that some form of contribution is made by the applicant.

6.0 Recording, Monitoring and Review

6.1 A record of payments will be kept by the Authoriser centrally on Teams and the Authoriser will monitor spending under the Homelessness Prevention Fund against the budget.

6.2 This policy will be reviewed annually or sooner if there are any changes to legislation or operational requirements that may impact on this policy and its delivery.

6.3 Minor changes to this policy can be agreed by the Assistant Director Strategic Housing Property Services and Development or their duly delegated representative. Where there are significant changes or changes to legislation then this will require the appropriate governance.

7.0 Complaints and Appeals

7.1 Use of the Fund is at the discretion of the Authoriser and there is no application procedure or appeals process.

7.2 In addition, the Authoriser has authority to refuse any request of a Housing Adviser (or applicant) for use of the Homelessness Prevention Fund where an applicant’s circumstances are as such that it would be inappropriate or improper to utilise public resources.

7.3 North Northamptonshire Council operates a Compliments, Comments and Complaints Policy so that everyone is clear about how to compliment, comment and complain about services provided by the council and what will happen to those comments once they are received.

8.0 More information

8.1 If you would like further information about this policy, please contact North Northamptonshire Council’s Housing Solutions Service:

Address: Municipal Offices, Bowling Green Road, Kettering, Northants, NN15 7QX
Telephone: 0300 126 3000
Email: [email protected]

1.0 Introduction

1.1 The Homeless Reduction Act 2017 (HRA) places two main duties on the local authority:

• a duty to prevent homelessness where someone is threatened with homelessness within 56 days
• a duty to relieve homelessness where someone is already homeless

1.2 The Act requires local authorities to provide homelessness services to all eligible people threatened with homelessness or actually homeless, irrespective of priority need, intentionality and local connection.

1.3 The council will always strive to help someone to remain in their existing accommodation - where it is safe and suitable to do so - or to help them to secure alternative suitable accommodation with friends and family, supported accommodation, private rented accommodation, or low cost home ownership (see Homelessness Prevention Fund Policy for more information).

1.4 If an applicant becomes homeless, they may require temporary accommodation. Local authorities will focus on homelessness prevention and relief initiatives to prevent anyone from having to live in temporary accommodation.

1.5 Living in temporary accommodation can be disruptive, and have a detrimental impact on the physical, emotional and financial welfare of homeless households. The provision of temporary accommodation is also extremely costly to the local authority and there is a constant effort to reduce expenditure.

1.6 To positively end a prevention or relief duty to an applicant the local authority must be satisfied that the applicant has suitable accommodation available for their occupation and a reasonable prospect of that accommodation being available for at least six months.

1.7 Often a spend to help someone to access suitable accommodation in the private rented sector, far outweighs the cost of providing temporary accommodation and affordable and social housing.

1.8 We understand that many people may prefer to live in social housing than the private rented sector, because the rent is usually lower and social tenants normally enjoy the security of a longer fixed-term tenancy. However, there is a much greater demand for social housing than there is supply in North Northamptonshire and so the council must promote and utilise all available resources. The private rented sector is an increasingly important source of housing and the council recognises the role it must play in providing suitable and appropriate accommodation for homeless households.

1.9 The private rented sector provides decent homes for many households and the council is committed to ensuring that all private rented housing solutions are suitable, affordable, and sustainable and meet the required standards.

1.10 The council can make an offer of private rented sector accommodation to prevent or relieve homelessness, and to bring the main housing duty to an end under S193 Part VII Housing Act 1996 (as amended). See Discharge of Homelessness Duties (Accommodation Offers) Policy for more information.

1.11 Funding for this policy is from 2 main sources:

• Ministry of Housing Communities & Local Government (MHCLG) allocations for Homelessness Prevention Fund (formerly Flexible Homelessness Support Grant and Homelessness Reduction Grant)
• North Northamptonshire Council

2.0 Aims and Objectives of this Policy

2.1 This policy aims to:

• increase the number of households prevented from becoming homeless and relieved of their homelessness by helping them to secure suitable and affordable accommodation in the private rented sector (irrespective of priority need, intentionality, and local connection¹)
• improve the overall health and wellbeing of homeless households by preventing the need for, or reducing the time spent in, temporary accommodation
• enable the council to discharge its duties to homeless households under homelessness legislation by making an offer of suitable and affordable private rented accommodation
• reduce the council’s use of and costs associated with the provision of temporary accommodation

2.2 The policy operates on a ‘spend to save’ principle², a small spend can save a much larger spend in provision of temporary accommodation and staffing costs associated with assessing and determining applications for homelessness assistance.

2.3 In accordance with applicants’ Personalised Housing Plans (PHP), applicants will still be required to take reasonable steps to prevent or relieve their homelessness, including saving money and contributing funds where possible to assist with resolving their housing situation.

2.4 Any payment would be made as a grant to the applicant, on the basis the provision of the payment would outweigh the costs associated with progressing and determining an application for assistance and or providing temporary accommodation, even long-term social housing³.

¹Although the council will not apply any blanket policies and will consider each case on its own merits; the council will refer cases with no local connection in accordance with legislation and guidance

²This policy operates on a ‘spend to save’ principle, and there is no requirement for Housing Advisers to carry out actual calculations and cost balancing exercises

³This policy operates on principle, and there is no requirement for Housing Advisers to carry out actual calculations and cost balancing exercises

3.0 Private Rented Sector Access Fund Payments

3.1 Payments from this Fund can be made to cover:

• Rent in advance
• Deposit
• Any associated (lawful) fees

3.2 Payments from this Fund can be made to enable the following types of private rented sector housing solutions:

1. Customer identified - where the customer identifies a suitable and affordable private rent and requires assistance with the upfront costs involved to secure it.
2. Private Rented Sector Offer (PRSO) - an offer of private rented accommodation made by the council to discharge the main housing duty (S193(7F))
3. Final accommodation offer - an offer of private rented accommodation made when the customer is in the S189B relief stage (S193A(6) and S193C(9))
4. Suitable offer of private rented sector accommodation - an offer of private rented accommodation to prevent or relieve homelessness.

3.3 In cases of (2), (3) and (4, when the household is in priority need for accommodation) the private rented sector accommodation must meet the requirements of Article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 if it is to be considered suitable when offered to an applicant. See Discharge of Homelessness Duties (Accommodation Offers) Policy for more information.

3.4 All payments must be approved by the Authoriser (see ‘Fund Payments Authorisation Procedure’ for more details).

4.0 Lettings Plus

4.1 Lettings Plus is private rented sector access scheme established by the former Kettering Borough Council in July 2020.

4.2 The scheme will now operate across the North Northamptonshire Council area’s.

4.3 The scheme was developed to build confidence amongst local private rented sector landlords (and agents) and using the private rented sector to successfully accommodate more complex and vulnerable homeless households.

4.4 This meant an investment to ensure that private rented sector tenancies are sustained by providing practical support and financial incentives to landlords and working towards the council being a credible partner and low risk solution for private rented sector landlords to obtain tenants.

4.5 The scheme therefore has two components:

• Practical support for vulnerable tenants and their landlords provided by specialist housing staff (Landlord Liaison Officer)
• Financial incentive package for landlords (developed further to a landlord consultation)

4.6 The scheme also supports the council’s need to ensure safe, suitable and affordable accommodation for homeless households.

4.7 More information about the scheme can be found on North Northamptonshire Council’s website.

4.8 Payments from this Fund will be made in relation to private rented sector housing solutions secured for homeless households through Lettings Plus.

5.0 Eligibility4

5.1 The Fund can be used for:

• single people, couples or families who are homeless or threatened with homelessness within 56 days
• They must have completed a full assessment with a Housing Adviser and deemed eligible for assistance in accordance with S185 PVII Housing Act 1996 (as amended)
• They must have a local connection to the North Northamptonshire Council area in accordance with homelessness legislation (households without local connection may be considered if there are exceptional circumstances determined by the Authoriser)
• They must be actively engaging with the council to prevent or relieve their homelessness

⁴The council can make (and will fund) a suitable offer of private rented sector accommodation, a final offer of accommodation and a PRSO regardless of the applicants engagement to prevent or relieve their homelessness, any savings they may have and alternative means of funding available. The council will make such offers in accordance with the Discharge of Homelessness Duties (Accommodation Offers) Policy.

5.2 Households may not be eligible if:

• they have savings which would enable them to make the payments themselves
• there are reasonable alternative means of funding available, for example, if benefit or charitable payments would cover the costs associated with securing a private rent
• there is evidence to suggest that they would be unable to manage a tenancy successfully, even if support was provided for example they have been refused access to supported accommodation owing to their needs being too high
• it becomes evident that false information has been supplied, or relevant information has been withheld
• the proposed private rented sector accommodation does not meet the required standards (including affordability)
• where the payment will not result in the applicant being able to access or remain in accommodation for at least 6 months

5.3 Circumstances in which payments will not be made include but are not limited to:

• Where other funding is available for example, Discretionary Housing Payment (DHP) or charitable funds
• Anything which could be seen to support potentially illegal or immoral action by any party
• Where repeat payments have been made to an applicant from this Fund to remedy homelessness owing to the same cause

6.0 Private Rented Sector Access Fund Procedure

6.1 Customer Identified Solution

The Housing Adviser must:

1. make an assessment that the applicant is eligible for assistance from the local authority in accordance with S185 of the Act, and homeless or threatened with homelessness in accordance with S175 of the Act
2. have completed a full housing assessment with the applicant, a Personalised Housing Plan (PHP), and relevant referrals to any support services or organisations for example, money or debt advice
3. make an assessment that the applicant meets the eligibility criteria for this Fund in Section 4 of this policy
4. consider and detail use of the Fund in line with a range of associated reasonable steps within the applicants PHP
5. ensure that the accommodation is affordable for the household, and sustainable, using the Personal Budget Sheet
6. arrange for the proposed accommodation to be inspected (by the council) to ensure it is free from category 1 hazards, has a valid gas safety certificate, an Electrical Installation Condition Report issued by a competent electrician (within 10 years of issue) and a current EPC (Energy Performance Certificate)
7. where the identified accommodation is a House in Multiple Occupation (HMO), that it is licensed where a license is required

The applicant must:

1. be actively working with the Housing Adviser to prevent or relieve their homelessness.
2. be able to provide the usual documentary evidence and in addition copies of statements from all bank, post office, building society or savings accounts held to evidence that they do not have the necessary funds available to them.

6.2 Requesting approval

6.2.1 To request approval for a payment from the Fund to be made, the Housing Adviser must submit the Checklist and Request for Payment from Private Rented Sector Access Fund to the Authoriser for authorisation.

6.2.2 Once authorisation is provided the Housing Adviser should complete a Payment Requisition and send it to Finance for the payment to be made. The payment will be made by BACS to the receiving party.

6.2.3 The Housing Adviser must attach the following items to the applicant’s case:

1. Completed Personal Budget Sheet
2. Inspection report and associated documents
3. Correspondence with letting agent or landlord
4. Checklist and Request for Payment from Private Rented Sector Access Fund
5. Authorisation
6. Payment Requisition

6.2.4 The Housing Adviser must also confirm details of any payment from the Fund in the applicant’s general advice and end duty letter.

6.3 Private Rented Sector Offer (PRSO) and final accommodation offer

6.3.1 All steps as set out above must be taken, additionally the accommodation must meet the requirements in Article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 if it is to be considered suitable when offered. See Discharge of Homelessness Duties (Accommodation Offers) Policy for more information.

6.4 Suitable offer of private rented sector accommodation

6.4.1 All steps as set out above must be taken, additionally where households have a priority need for accommodation, the accommodation must meet the requirements in Article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 if it is to be considered suitable when offered. See Discharge of Homelessness Duties (Accommodation Offers) Policy for more information.

6.4.2 Once payment from the Fund is approved, Housing Advisers must send the applicant the relevant accommodation offer letter outlining the terms of offer and consequences of accepting or refusing the offer.

6.5 Receiving party

6.5.1 The receiving party (landlord or agent) must provide written agreement that the payment (made by BACS) will be used in the way intended for example, as a deposit and rent in advance.

6.5.2 A payment will not be made to the applicant unless in exceptional circumstances as determined by the Authoriser.

7.0 Recording, Monitoring and Review

7.1 A record of payments will be kept by the Authoriser centrally on Teams and the Authoriser will monitor spending under the Private Rented Sector Access Fund against the budget.

7.2 This policy will be reviewed annually or sooner if there are any changes to legislation or operational requirements that may impact on this policy and its delivery.

7.3 Minor changes to this policy can be agreed by the Assistant Director Strategic Housing Property Services and Development or their duly delegated representative. Where there are significant changes or changes to legislation then this will require the appropriate governance.

8.0 Complaints and Appeals

8.1 Use of the Fund is at the discretion of the Authoriser and there is no application procedure or appeals process.

8.2 In addition, the Authoriser has authority to refuse any request of a Housing Adviser (or applicant) for use of the Private Rented Access Fund where an applicant’s circumstances are as such that it would be inappropriate or improper to utilise public resources.

8.3 North Northamptonshire Council operates a Compliments, Comments and Complaints Policy so that everyone is clear about how to compliment, comment and complain about services provided by the council and what will happen to those comments once they are received.

9.0 More information

9.1 If you would like further information about this policy, please contact North Northamptonshire Council’s Housing Solutions Service:

Address: Municipal Offices, Bowling Green Road, Kettering, Northants, NN15 7QX
Telephone: 0300 126 3000
Email: [email protected]

1.0 Introduction

1.1 This policy sets out how North Northamptonshire Council will meet its duties and exercise its powers in relation to the provision (and withdrawal of) of suitable temporary accommodation for homeless households in North Northamptonshire.

1.2 This policy has full regard for legislation, government guidance and it meets relevant aims set out in the North Northamptonshire Homelessness and Rough Sleeping Strategy and Housing Strategy.

1.3 This policy also meets the requirement to produce a policy which sets out how the local authority will procure accommodation for households who are homeless in its area in accordance with the judgement Nzolameso v Westminster (2015) in the Supreme Court.

2.0 Legal framework

2.1 The council has a statutory duty to assist households presenting as homeless where they are eligible for assistance and in priority need. This policy relates to the placement of homeless households into interim accommodation under S188 Part 7 Housing Act 1996 (as amended) (the Act) and longer-term temporary accommodation placements under S193 of the Act where a main housing duty for households has been accepted.

2.2 This policy also sets out the council’s duties under other relevant sections of the Act and circumstances in which it may exercise its power to provide accommodation to homeless households.

2.3 When discharging a duty to secure that accommodation is available for an applicant who is homeless, or threatened with homelessness, the council is also required to, ensure that the accommodation is suitable in accordance with S206(1) of the Act.

2.4 Temporary accommodation is for an interim period only while the local authority determines what duty, if any, is owed to the homeless household. Households who are accepted as owed the main housing duty will be offered long term accommodation in the private rented sector or social housing through its Choice Based Lettings System ‘North Northamptonshire Keyways’ to enable the household to move on from temporary accommodation (see Discharge of Homelessness Duties (Accommodation Offers) Policy for more information).

3.0 Aims and objectives of this policy

3.1 The aims and objectives of this policy are:

• Provide temporary accommodation in accordance with our duties under homelessness legislation, including allocation and prioritisation
• Set out the charging arrangements for homeless households living in temporary accommodation
• Ensure that temporary accommodation provided is suitable in accordance with legislation, guidance and caselaw
• Minimise disruption to homeless households by providing accommodation in their home area where possible, or within North Northamptonshire
• Keeping households who are homeless because of domestic abuse safe and supported
• Keeping the cost of the council’s temporary accommodation bill to a minimum by reducing the use of bed and breakfast or hotel and third-party supplier managed temporary accommodation
• Set out how Local Authority Housing Fund (LAHF) and Never Give Up (Rough Sleeping Accommodation Pathway - RSAP) accommodation will be prioritised.

4.0 Types of temporary accommodation

4.1 The council uses a variety of accommodation to temporarily house homeless households (the term ‘areas’ refer to the former district and borough council areas):

• Accommodation within our own housing stock (HRA) in Kettering and Corby areas¹ - self-contained units of accommodation owned and managed by the council
• Accommodation purchased by the council to use specifically for temporary accommodation (Acquisitions) in Kettering, Corby and Wellingborough areas - self-contained units of accommodation owned and managed by the Council (floor coverings are provided)
• Houses in Multiple Occupation (HMO’s) in Kettering, Corby and Wellingborough areas - shared accommodation owned and managed by the council (furniture is provided)
• Accommodation provided by a Registered Provider (Greatwell Homes) in the Wellingborough area - self-contained units of accommodation owned and managed by a Registered Provider (Housing Association)
• Private sector leased accommodation (PSL) in the Kettering area - self-contained units of accommodation leased by the council from private landlords which the council manages (floor coverings are provided) - the council has reduced the number of PSL units in favour of more cost-effective options
• Accommodation provided by a third-party supplier of temporary accommodation in all areas - nightly paid self-contained units of accommodation typically rented to third party suppliers on an assured shorthold tenancy (AST) basis and managed by the supplier (basic furniture is provided but may be removed if required upon request)
• Houses in Multiple Occupation (HMO’s) provided by a third-party supplier of temporary accommodation in Kettering and Corby areas - nighty paid shared units of accommodation managed by the supplier (furniture is provided)
• Bed and breakfast or hotel accommodation in all areas - shared facilities, although the council aims to keep use of this type of accommodation to an absolute minimum
• Local Authority Housing Fund (LAHF) accommodation - self-contained units of accommodation purchased for refugee homeless households under the Ukrainian Resettlement Scheme and the Afghan Relocations and Assistance Policy
• Never Give Up (NGU) Accommodation - self-contained units of accommodation purchased under the Rough Sleeping Accommodation Programme (RSAP) - the accommodation provides long-term housing and support services, providing a sustainable pathway for rough sleepers into the wider community and into longer-term accommodation
• Refuge nationwide - shared facilities with support sourced for households who become homeless because of domestic abuse (where appropriate)

¹The council does not have ‘fixed units’ of temporary accommodation, how units are identified for use as temporary accommodation depends on availability and demand for specific accommodation sizes and types.

4.2 Although the council is taking steps to procure additional self-contained units of temporary accommodation through spot purchasing on the open market, in order to minimise the use of bed and breakfast or hotel accommodation, the council will ‘top up’ its self-contained provision via a supply of third party supplier managed units in accordance with any increase in demand for temporary accommodation.

4.3 The council will continually monitor the number of homeless households requiring temporary accommodation to try to secure a sufficient supply of suitable accommodation across all areas of North Northamptonshire, in turn reducing the use of out of area placements and overall costs.

4.4 All self-contained accommodation provided is unfurnished without floor and window coverings unless otherwise stated. The council will liaise with homeless households in relation to any support that can be offered to procure essential furniture items if required.

4.5 The council’s LAHF units of accommodation are held in the General Fund and as such LAHF accommodation is let as temporary accommodation to homeless households under Section 188 and 193 of the Act. However, following the initial let to the specified cohort, LAHF accommodation can be allocated to general homeless households. The council is considering its options for LAHF units of accommodation to transferred (via purchase) to the Housing Revenue Account (HRA) to enable the option for these homes to be let as long-term accommodation to eligible refugee homeless households.

4.6 The council will only book nightly paid self-contained units of accommodation with housing suppliers accepted onto the council’s Dynamic Purchasing System (DPS). The Specification sets out the council’s requirements for well-managed and good quality self-contained temporary accommodation.

4.7 The council’s DPS sets out that the council will only utilise housing suppliers who meet the minimum service Specification, the Council’s Housing Standards for Temporary Accommodation and Amenity Standards for HMO’s. A third party housing provider is currently under contract to supply and deliver HMO’s across North Northamptonshire for the council to use as temporary accommodation for single homeless people.

4.8 The council’s Never Give Up (NGU) accommodation project is delivered in line with the Housing First accommodation principles to meet the needs of rough sleepers who have previously been unable to sustain housing.

Central principles including providing flexible support available for as long as needed, enabling individuals to have choice and control, and to reduce harm.

5.0 Charging arrangements for temporary accommodation

5.1 Homeless households living in temporary accommodation must arrange to pay and claim housing benefit to cover their weekly temporary accommodation charges.

5.2 The council has clear procedures as to how it will make homeless households aware of their charges and how much they must contribute, they will also assist homeless households - where applicable - to claim housing benefit to help cover the cost of the charges.

5.3 If a household does not pay their charges and if they do not cooperate with their housing benefit claim resulting in the accrual of arrears, they will be served with notice to leave their temporary accommodation which may impact the outcome of their application for assistance with their homelessness.

5.4 The charging arrangements for the different types of temporary accommodation are as follows.

²The same annual value of rent is charged per unit whether over 48 or 52 weeks.

5.5 All charging arrangements have been decided considering the Homelessness (Suitability of Accommodation) Order 1996.

5.6 Where homeless households require additional support to help pay their temporary accommodation charges (and council tax and utilities) beyond that provided by the Temporary Accommodation Team, they will be referred for in house or other forms of tenancy support to ensure the household has best prospects of successfully sustaining their temporary accommodation.

6.0 Allocating and deciding priority for different types of temporary accommodation

6.1 When allocating temporary accommodation to homeless households, the council will take into consideration the households’ individual circumstances, whether the requirement for temporary accommodation is an emergency (i.e. no or little notice has been provided) and the availability of the different types of temporary accommodation it uses.

6.2 To minimise disruption to homeless households the council will always try to source accommodation in the applicant’s home area³.

6.3 Where accommodation cannot be provided in the applicant’s home area the council will attempt to source temporary accommodation in a neighbouring area of the applicant’s choice within North Northamptonshire, where possible.

6.4 If this is not possible the council will make all attempts to source accommodation within North Northamptonshire and will only place outside of North Northamptonshire in an emergency and where there is no other accommodation available in North Northamptonshire.

6.5 In such cases the council will return households to North Northamptonshire, and to their home area if possible, at the earliest opportunity.

6.6 When placing an applicant outside of their home area, if required, the council will consider arranging transport for the household to take up their placement, travel to and from the council offices for reasons relating to their application for assistance, or to take up a different placement.

6.7 The following two tables provide an order of preference of how the council will allocate the different types of temporary accommodation, by area, and by the type of household:

³The term ‘area’ refers to the former district and borough council areas.

Homeless households with dependents (including pregnant people)

If a household can’t be provided with temporary accommodation as set out above then bed and breakfast or hotel or nightly paid accommodation will be provided as follows:

1. Bed and breakfast or hotel in area or nightly paid self-contained in another area of North Northamptonshire
2. Nightly paid self-contained in another area of North Northamptonshire
3. Bed and breakfast or hotel in another area of North Northamptonshire or nightly paid self-contained outside of North Northamptonshire
4. Nightly paid self-contained outside of North Northamptonshire

Single homeless households (including childless couples)

If a household can’t be provided with temporary accommodation as set out above then bed and breakfast or hotel or nightly paid accommodation will be provided as follows:

1. Bed and breakfast or hotel in area or nightly paid self-contained in another area of North Northamptonshire
2. Nightly paid self-contained in another area of North Northamptonshire
3. Bed and breakfast or hotel in another area of North Northamptonshire or nightly paid self-contained outside of North Northamptonshire
4. Nightly paid self-contained outside of North Northamptonshire

6.8 This is a guide only and the council may deviate from this approach in order to offer suitable temporary accommodation to homeless households based on their own individual circumstances, for example there may be certain circumstances where providing bed and breakfast accommodation in the applicant’s home area is deemed more suitable than providing self-contained (and unfurnished) accommodation out of their home area.

6.9 In deciding priority for the different types of temporary accommodation it uses, the council will consider the facts of each case this includes but is not limited to, household composition, any medical needs, and length of any stay in bed and breakfast or hotel or out of area accommodation. For example, if a ground floor flat becomes available for use as temporary accommodation and there is a ‘new’ homeless applicant requiring temporary accommodation and has mobility issues, they will be offered the accommodation over someone without such needs living in bed and breakfast or hotel accommodation.

6.10 When non third-party self-contained accommodation becomes available, the council will seek to offer it to households living in bed and breakfast or hotel accommodation and those living in temporary accommodation outside of North Northamptonshire first, before it will be offered to any ‘new’ homeless households requiring temporary accommodation.

6.11 The increased proportion of homeless individuals with multiple complex support needs has meant a need for the council to adapt the temporary accommodation that is available to ensure that single homeless people are safeguarded and given improved opportunities to rebuild their lives. The council has therefore increased the units of HMO accommodation to ensure that vulnerable people living in temporary accommodation can receive the required support to sustain their accommodation placement preventing repeat homelessness and rough sleeping.

6.12 Single homeless households placed in HMO units of accommodation will be allocated a dedicated Tenancy Support Worker throughout their time in temporary accommodation.

6.13 As referred to above in paragraphs 6.8 and 6.9 the individual circumstances of all single homeless people and childless couples will be considered when allocating temporary accommodation; the provisions of HMO accommodation will not be default in all cases.

7.0 Homeless households deemed at risk in their home area

7.1 Where it is deemed unsafe for a homeless household to remain in their home area, but they would be safe in a different area within North Northamptonshire the council will source accommodation in that area if possible.

7.2 If it is deemed unsafe for an applicant to remain in North Northamptonshire, the council will provide accommodation outside of the area in the form of bed and breakfast or hotel or third party supplier managed self-contained accommodation until an appropriate housing solution for the homeless household can be identified.

7.3 Where a homeless applicant requires emergency accommodation because they have had to leave their home because of domestic abuse, the council will in the first instance and where appropriate source refuge accommodation to ensure their safety and provision of appropriate support.

7.4 In all cases the council will ensure it complies with the requirement to provide ‘suitable’ accommodation in accordance with legislation, guidance and caselaw.

8.0 Use of bed and breakfast (or hotel) accommodation

8.1 Bed and breakfast (whether or not breakfast is included) means accommodation which is not self-contained and in which any of the following amenities is shared by more than one household:

• toilet
• personal washing facilities
• cooking facilities

8.1 The legal position on use of bed and breakfast for families.

8.1.1 In April 2004, the government introduced legislation to limit the use of bed and breakfast accommodation for homeless families (The Homelessness (Suitability of Accommodation) (England) Order 2003). Bed and breakfast accommodation is not suitable for families with dependent children, including those who are pregnant but councils can use bed and breakfast accommodation as a last resort for a maximum of 6 weeks only.

8.2 The legal position on use of bed and breakfast for 16 and 17 year olds.

8.2.1 In accordance with statutory guidance (introduced by the government in 2010) bed and breakfast accommodation is never suitable for 16 and 17 year olds and councils should ensure they have a sufficient supply of accommodation options for homeless young people.

8.2.2 Please refer to the Northamptonshire Homelessness Protocol for 16 and 17 year olds who become homeless which details now Northamptonshire Partners work together to ensure a consistent and co-ordinated response to young people who present as homeless and in need of accommodation or accommodation-related support.

8.3 General.

8.3.1 The council does not regard bed and breakfast or hotel accommodation as suitable and will only be used in emergency situations or crisis presentations, and as a last resort where homelessness prevention activity has failed and in the absence of available self-contained accommodation.

8.3.2 Additionally, where self-contained accommodation cannot be provided in North Northamptonshire, the applicant will be given a choice to be accommodated in bed and breakfast accommodation within the North Northamptonshire area, or in self-contained accommodation (if it can be sourced) outside of the North Northamptonshire area.

8.3.3 If a homeless household is placed in bed and breakfast accommodation, or in third party accommodation outside of North Northamptonshire (including where an applicant voluntarily accepts self-contained accommodation outside of North Northamptonshire area instead of being placed in bed and breakfast within North Northamptonshire) the council will maintain clear records to demonstrate that at placement was a ‘last resort’. Additionally, the council will keep all such placement under weekly review and record efforts to source more suitable accommodation at the earliest opportunity.

9.0 Suitability of temporary accommodation

9.1 Review rights.

9.1.1 An applicant does not have a right to ask for a statutory review under S202 of the Act of the council’s decision as to the suitability of interim accommodation secured under S188 of the Act (but such decisions could be subject to judicial review).

9.1.2 An applicant does have the right to ask for a statutory review of the council’s decision as to the suitability of temporary accommodation secured under S193 of the Act (after the council has accepted the main housing duty to the applicant). An applicant has the right to ask for a statutory review whether or not they accept the offer of accommodation.

9.1.3 An applicant accepted as homeless under S193 of the Act is notified in writing of their right to ask for a statutory review, and how they may indeed request that review.

9.2 Suitability of accommodation.

9.2.1 S206(1) of the Act provides that all accommodation provided under Part 7 of Act must be suitable for the applicant and their household, and the suitability requirements under S210 of the Act apply (see below). The council may take into account the interim nature of a placement when assessing whether or not it is suitable, as accommodation may be suitable for a few days or weeks that would not be suitable for a longer term placement.

9.2.2 As set out above the council will secure temporary accommodation for homeless households while having full regard to the requirements under the Act in respect of suitability of accommodation based on individual circumstances of the homeless household and their family.

9.2.3 The council will consider Parts 9 and 10 of the Housing Act 1985 (slum clearance and overcrowding), Parts 1 to 4 of the Housing Act 2004 (housing conditions, licensing of houses in multiple occupation, selective licensing of other residential accommodation, additional control provisions in relation to residential accommodation). The council will also consider three statutory instruments (known as Suitability Orders) which help to define suitability for this purpose:

1. The Homelessness (Suitability of Accommodation) Order 1996 (S.I. 1996/3204), which covers the affordability of the accommodation for the household.
2. The Homelessness (Suitability of Accommodation) (England) Order 2003 (S.I 2003/3326) which specifies the circumstances in which accommodation will not be regarded as suitable for household types.
3. The Homelessness (Suitability of Accommodation) Order 2012 (S.I. 2012/2601), in particular, paragraph 2 of the 2012 Order which requires consideration of:
   - where the accommodation is situated outside the district of the local housing authority, the distance of the accommodation from the district of the authority
   - the significance of any disruption which would be caused by the location of the accommodation to the employment, caring responsibilities or education of the person or members of the person’s household
   - the proximity and accessibility of the accommodation to medical facilities and other support which
    - are currently used by or provided to the person or members of the person’s household
    - are essential to the well-being of the person or members of the person’s household
   - the proximity and accessibility of the accommodation to local services, amenities and transport

9.3 The council’s considerations when securing temporary accommodation. The council will therefore consider the following when securing temporary accommodation for a homeless household:

1. Distance of the temporary accommodation outside of the council’s area⁴
2. Affordability of the temporary accommodation
3. If the homeless household has their own transport including additional costs and the impact of these
4. Public transport
5. Employment
6. Caring arrangements
7. Children’s schools, including availability of school places to transfer to in the new area⁵, any statement of special educational need or educational health care plan, and whether any child is at a pivotal point of education, i.e. GCSE’s or A level
8. Medical needs of the household
9. Other factors as raised by the applicant

⁴Refer to section 9.4 of this policy.
⁵Refer to section 9.4 of this policy.

9.3.1 The council will maintain clear records to demonstrate that consideration has been given to these items when placing a homeless household in temporary accommodation.

9.4 Providing temporary accommodation outside the council’s area (of North Northamptonshire).

9.4.1 The council is committed to providing homeless households with temporary accommodation in their home area where possible, and to keep placements outside of North Northamptonshire to an absolute minimum (where appropriate and suitable considering the safety of the homeless households and any associated risks).

9.4.2 Where there is a need for the council to provide temporary accommodation outside of its area it will have full regard to The Homelessness (Suitability of Accommodation) Order 2012 (S.I. 2012/2601), in particular, paragraph 2 of the 2012 Order as set out in Section 9.2.3 of this policy; and:

• the council will take particular care to ensure that applicants have sufficient information about the location of the accommodation and the services that would be available to them there (including details of the provider of the accommodation and the local authority social care teams if appropriate)
• applicants will be given a reasonable amount of time⁶ to consider the offer made before reaching a decision whether to accept
• the council will consider the level of disruption caused by the location of the accommodation with regard to employment, education, health needs, distance and mobility
• if the homeless household contains school age children, the council will contact the relevant local education authority to make them aware of the placement
• The council will notify the host local authority of the temporary accommodation of the placement in writing (by email)

⁶Refer to section 11 of this policy.

9.4.3 When making out of area placements for reasons other than to mitigate any risks posed to the homeless household, the council will evidence why and how the decision was made acknowledging the household’s collective and individual needs. Additionally, the council will keep all such placement under weekly review and record efforts to source more suitable accommodation at the earliest opportunity.

9.4.4 When placing a homeless household outside North Northamptonshire, the council will consider arranging transport for the household to take up their placement, travel to and from the council offices for reasons relating to their application for assistance, or to take up a different placement.

9.5 Cots in temporary accommodation.

9.5.1 The council will not consider accommodation suitable for a household with children under the age of 2 if there is not adequate space for a cot for each child aged under 2.

9.5.2 Where households with babies and young children under 2 do not have access to a cot when placed in temporary accommodation, the council will support the household in relation to the provision of a cot.

9.6 Persons requiring disabled adapted properties.

9.6.1 The council will do all it can to ensure that it secures suitable temporary accommodation for homeless households who require disabled adaptations.

9.6.2 If an immediate solution cannot be identified within existing available provision, the council will secure a ‘best possible’ solution until such time as more suitable accommodation can be secured, the council may therefore need to provide homeless households who require fully adapted accommodation with accessible accommodation in bed and breakfast or hotel in the interim period.

9.6.3 Given the limited supply of disabled adapted properties available to temporary use, the council may not be able to secure suitable accommodation in the applicant’s home area and they may be offered suitable accommodation in a different area of North Northamptonshire instead⁷, and if unavailable, outside of North Northamptonshire⁸.

⁷Refer to section 6 of this policy.
⁸Refer to section 9.4 of this policy.

9.7 Overcrowding.

9.7.1 It can be challenging to source suitably sized accommodation for larger households which means larger households may be placed in temporary accommodation that is smaller than their ‘bedroom need’ and they may have to use living rooms as sleeping spaces and siblings may need to share.

9.7.2 In such cases, the council will move households to more suitable accommodation as soon as possible considering availability.

9.7.3 Given the limited supply of larger (4 and 5 bedroom) units of accommodation for temporary use, the council may not be able to secure suitable accommodation in the applicant’s home area and they may be offered suitable accommodation in a different area of North Northamptonshire instead⁹, and if unavailable, outside of North Northamptonshire¹⁰. The size requirement will be considered alongside other important factors such as children’s schooling arrangements.

9.8 Households with pets.

9.8.1 Wherever possible and appropriate, homeless households with pets will be placed in temporary accommodation where the pets can reside with them.

9.8.2 If this is not possible the applicant should make significant efforts to arrange suitable accommodation for the pet for example with a family member or friend. The council will offer advice and assistance in a situation where this Is not possible.

9.8.3 Pets are not permitted in bed and breakfast or hotel accommodation, and with any other forms of temporary accommodation the council must grant explicit permission for the pet to reside at the accommodation.

9.8.4 The council has an internal procedure relating to the provision of temporary accommodation to homeless households with pet and assistance dogs, considering the requirements of the Equality Act 2010.

9.9 Dealing with complaints about temporary accommodation.

9.9.1 The council is responsible for providing suitable temporary accommodation for homeless households.¹¹

9.9.2 Homeless households can make complaints about any aspect of their temporary accommodation via the council’s complaints process.¹²

⁹Refer to section 6 of this policy.
¹⁰Refer to section 9.4 of this policy.
¹¹Refer to section 9.2 of this policy.
¹²Refer to section 17 of this policy.

9.10 Repairs and property condition.

9.10.1 If the temporary accommodation is owned and managed by the council, homeless households can complain about repairs and property condition by contacting the council’s Customer Services Team on 0300 126 3000.

9.10.2 If the temporary accommodation is owned and managed by an external provider or supplier, applicants will be advised to contact the provider or supplier directly with complaints about repairs and property condition in the first instance.

9.10.3 The council will intervene in complaints about repairs and property condition in temporary accommodation when they are not adequately resolved by the external provider or supplier. In doing so the council will contact the applicant, and the provider or supplier, directly and decide the appropriate course of action.

9.10.4 Any external provider or supplier of temporary accommodation must provide accommodation to the required standards as set out in the council’s DPS Specification. Prior to any placement, the council will ensure that the supplier provides copies of a Gas Safety Certificate, Electrical Installation Condition Report and an Energy Performance Certificate. The council will conduct regular inspections of the accommodation being used to ensure compliance and adherence to the DPS Specification.

9.9.5 The council meets statutory standards set out in Schedule 3 to the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 relating to shared amenities and facilities for HMO units of accommodation managed and owned by the council.

10.0 Storing personal belongings

10.1 Under S211(1) and (2) of the Act where the council has become subject to a duty to an applicant under specified provisions of the Act, and it has reason to believe that:

• a) there is a danger of loss of, or damage to, the applicant’s personal property
• b) because the applicant is unable to protect it or deal with it
• c) no other suitable arrangements have been, or are being, made, then, whether or not the council is still subject to such a duty, it must take reasonable steps to prevent the loss of, or to prevent or mitigate damage to, any personal property of the applicant

10.2 The specified provisions are:

• a) S188 (interim duty to accommodate)
• b) S189B (initial duty owed to all eligible persons who are homeless)
• c) S190, S193 or S195 (duties to persons found to be homeless or threatened with homelessness) or S200 (duties to an applicant whose case is considered for referral or is referred)

10.3 When deciding how to perform its duty, the council will consider the individual facts of each case.

11.0 Making offers of long-term accommodation to households living in temporary accommodation

11.1 Homeless households living in temporary accommodation will be given reasonable time to consider any offer of long term accommodation made to bring the S189B relief or S193 main housing duty to an end, including whether or not the applicant should exercise their right to ask for a statutory review under S202 of the Act of the council’s decision as to the suitability of the offer of long term accommodation.

11.2 There is no set reasonable period; some applicants may require longer than others depending on their circumstances, whether they wish to seek advice in making their decision and whether they are already familiar with the property or locality in question. Longer periods may be required where the applicant is in hospital or temporarily absent from the area. In deciding what a reasonable period is, the council will consider the applicant’s individual circumstances.

11.3 Applicants will be given the chance to view accommodation that is offered, before being required to decide whether they accept or refuse an offer, and before being required to sign any written agreement relating to the accommodation for example, a tenancy agreement. In some circumstances where the homeless household in residing in temporary accommodation owned and managed by the council (HRA only) the council may offer that same unit of temporary accommodation to the homeless household as their long term home (this is called a ‘temporary - permanent conversion’).

11.4 See Discharge of Homelessness Duties (Accommodation Offers) Policy for further details.

12.0 Duties to secure accommodation

12.1 Section 188 interim duty to accommodate.

12.1.1 S188(1) requires the council to secure that accommodation is available for an applicant (and their household) if it has reason to believe that the applicant may be homeless and be eligible for assistance; and have a priority need.

12.1.2 The S188(1) interim accommodation duty applies even where the council considers the applicant may not have a local connection with its area and may have one with the area of another housing authority giving rise to the possibility of referral (S188(2)).

12.2 Duty to secure accommodation under the section 193(2) ‘main housing duty’.

12.2.1 When an applicant is accepted as being owed the main housing duty the council has a duty under S193(2) to secure that accommodation is available for their occupation (unless it refers the application to another housing authority under S198).

12.2.2 The accommodation secured must be available for occupation by the applicant together with any other person who normally resides with them as a member of their family, or any other person who might reasonably be expected to reside with them. It must also be suitable for their occupation.¹³

12.2.3 The main housing duty will not be owed to an applicant who has turned down a suitable final accommodation offer or Part 6 offer made during the S189B(2) relief stage, or has been given notice under S193B(2) due to their deliberate and unreasonable refusal to co-operate.

12.3 Section 190(2) duty to provide accommodation to applicants who are intentionally homeless.

12.3.1 On reaching a decision that an applicant has priority need and is intentionally homeless, the council must secure accommodation for a period of time that will provide a reasonable opportunity for them to find their own accommodation.

12.3.2 Generally the council will continue to provide an applicant with accommodation for a further 28 days before they are required to vacate their interim accommodation. The applicant will be provided with housing options wrap around support to secure alternative accommodation. This includes a referral to the Northamptonshire Multi Agency Safeguarding Hub (MASH)¹⁴ in cases where households contain dependent children (referral to the MASH may also be made without the applicant’s consent where there are safeguarding concerns).

¹³Refer to section 9 of this policy
¹⁴Report your concern to the multi-agency safeguarding hub (MASH)

12.3.3 Less or additional time may be provided, in determining the period for which accommodation will be secured under S190(2) the council must consider each case on its merits. In making this decision the council will take into account:

• the particular needs and circumstances of the applicant and the resources available to them to secure accommodation - this might include any health or support needs that make it more difficult for the applicant to find and secure accommodation, as well as the support available from their family or social network
• the housing circumstances in the local area, and the length of time it might reasonably take to secure accommodation - in assessing this the council might reflect on the efforts previously made by both the council and the applicant to relieve their homelessness, and why these had not proved successful
• arrangements that have already been made by the applicant which are likely to be successful within a reasonable timescale - for example, if the applicant has secured accommodation that is not yet available to occupy or can demonstrate that accommodation will be so secured, the council will consider providing S190(2) accommodation until the applicant is able to take up the accommodation

12.4 Section 199A(2) and section 200(1) duties to accommodate applicants with no local connection pending outcome of referral.

If the council has notified an applicant that it proposes to refer the case to another housing authority, it has a duty under: S199A(2) if referral is in the relief stage of an applicant who the authority has reason to believe may have a priority need; or S200(1) if referral is in the S193 main housing duty stage of an applicant who has a priority need and is unintentionally homeless, to secure that accommodation is available for the applicant until they are notified of the decision whether the conditions for referral are met. At this point the duty under S199A(2) or S200(1) will come to an end and a duty under S189B or S193(2) will be owed by either the notified housing authority or the notifying housing authority.

12.5 Section 193C(4) duty to accommodate applicants who have deliberately and unreasonably refused to co-operate pending final offer.

12.5.1 Applicants who have priority need but are no longer owed a S189B relief duty following service of a S193B notice due to their deliberate and unreasonable refusal to co-operate will not be owed the S193 main housing duty but will be owed an accommodation duty under S193C(4).

12.5.2 The S193C(4) duty ends if the applicant accepts or refuses a final accommodation offer or a final Part 6 offer. A ‘final accommodation offer’ is an offer of an assured shorthold tenancy made by a private landlord with the approval of the council, with a view to bringing the S193C(4) duty to an end. The offer must be of a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) of at least 6 months duration, and the accommodation must be suitable for the applicant. A ‘final Part 6 offer’ is a suitable housing allocation (under Part 6 of the 1996 Act) made in writing, and which states that it is a final offer for the purposes of this section (a housing authority must not approve a final accommodation offer or make a final Part 6 offer if the applicant has a contractual obligation in respect of their existing accommodation which they are unable to bring to an end before being required to take up the offer).

12.5.3 The S193C(4) duty will also end if the applicant:

• ceases to be eligible for assistance
• becomes homeless intentionally from the accommodation provided under S193C(4)
• accepts an offer of an assured tenancy from a private landlord
• voluntarily ceases to occupy as their only or principal home, the accommodation provided

13.0 Ending interim and temporary accommodation duties

13.1 Ending the section 188 interim duty.

13.1.1 The S188(1) interim duty comes to an end when applicants are notified of certain decisions in relation to their application.

13.1.2 The council may bring the S188(1) interim accommodation duty to an end within the 56 day relief stage by issuing a S184 decision that the applicant does not have priority need (the applicant will continue to be owed a S189B(2) relief duty until that duty ends or is found not to be owed). Or, the S188(1) interim duty can be ended by issuing a notification that the relief duty is not owed or has been brought to an end. If neither of these notifications is issued within the 56 day relief stage, the S188(1) interim accommodation duty will be brought to an end by notification of what further duties are owed, if any, under S193 or S190.

13.1.3 In the event that the relief duty is brought to an end following refusal of a final accommodation or Part 6 offer, and the applicant requests a review as to the suitability of the accommodation offered, the S188(1) duty will continue until a decision on the review has been notified to the applicant.

13.1.4 In circumstances where an applicant is found not to be eligible for assistance and S188(1) interim accommodation has been provided, notice periods should take account of the needs of the applicant and the time required for them to access assistance (the council must provide, or secure the provision of, information and advice as set out in S179).

13.1.5 Where households include children or particularly vulnerable adults who are owed duties under the Children Act 1989 or Care Act 2014 and responsibilities are transferred to Social Care Teams or the Northamptonshire Children’s Trust, there should be no break in the provision of accommodation for applicants who cease to be eligible for support under the Act (see housing/child/adult joint working procedures for more information).

13.2 Refusal or loss of interim accommodation.

13.2.1 Where an applicant rejects an offer of interim accommodation (or accepts and moves into the interim accommodation and then later rejects it), this will bring the council’s interim accommodation duty to an end - unless it is reactivated by any change of circumstances. Note, however, that an applicant’s rejection of interim accommodation does not end other duties that the council may owe under the Act.

13.2.2 The S188 interim duty will also end if the applicant refuses a suitable offer of interim accommodation or the applicant breaches the terms of their occupation agreement.

13.3 Ending interim accommodation arrangements.

13.3.1 When the council is satisfied that it is under no further duty to secure interim accommodation or where this duty has ended, it will take steps to terminate the applicant’s right of occupation. In general, the council will provide 28 days’ notice, and will not rely on any licenses being a lesser period by which notice can be served.

13.3.2 In accordance with the supreme court judgment R(ZH and CN) v London Borough of Newham and London Borough of Lewisham (2014), applicants residing in temporary accommodation provided under Part 7 of the Act are required to vacate with reasonable notice only and the council does not need to apply for a possession order from the Court. In all cases the council will act reasonably and give the applicant an opportunity to find alternative accommodation before the interim accommodation is terminated. Again, the council will consider the facts of the case considering the circumstances of the applicant and allowing time for them to consider whether to request a review of any decision where applicable (see Withdrawal of Temporary Accommodation Procedure for more information).

13.4 Circumstances where the council will cease to be subject to the main housing duty under section 193(2).

13.4.1 The council will cease to be subject to the main housing duty under S193(2) in the following circumstances:

• the applicant accepts a suitable offer of accommodation under Part 6 (an allocation of social housing) (S193(6)(c)) - this would include an offer of an assured tenancy of a private registered provider property via North Northamptonshire Keyways
• the applicant accepts an offer of an assured tenancy (other than an assured shorthold tenancy) from a private landlord (S193(6)(cc)) - this could include an offer of an assured tenancy made by a private registered provider
• the applicant accepts or refuses a private rented sector offer - an offer of an assured shorthold tenancy of at least 12 months made by a private landlord (S193(7AA)) - for this to be the case the applicant must have been informed in writing of the possible consequences of refusing or accepting the offer, their right to request a review of the suitability of the accommodation, and the duties that would be owed to them on re-application if they became unintentionally homeless from the accommodation within 2 years of accepting the offer
• the applicant refuses a final offer of accommodation under Part 6 (an allocation of social housing) - the main housing duty does not end unless the applicant is informed of the possible consequences of refusal and of their right to ask for a review of the suitability of the accommodation (S193(7)), the offer is made in writing and states that it is a final offer (S193(7A)), and the council is satisfied that the accommodation is suitable and that it would be reasonable for the applicant to accept it (S193(7F))
• the applicant refuses an offer of temporary accommodation which the council is satisfied is suitable for the applicant (S193(5)) - for this to be the case the applicant must have been informed of the possible consequences of refusal and of their right to ask for a review of the suitability of the accommodation, and have been notified by the council that it regards itself as having discharged its duty
• the applicant ceases to be eligible for assistance as defined in S185 of the 1996 Act
• the applicant becomes homeless intentionally from accommodation made available to them under S193
• the applicant voluntarily ceases to occupy as their principal home the accommodation made available under S193

13.4.2 In restricted cases the council will, as far as is reasonably practicable, bring the S193(2) duty to an end through the offer of a assured shorthold tenancy of at least 12 months duration with a private landlord (S193(7AD)). The applicant will not be owed a S195A duty if they re-apply as unintentionally homeless within 2 years of accepting the offer.

13.4.3 In any case where the S193 duty is ended, the applicant will be advised of their right to request a S202 review of that decision, and how to request that review (see Discharge of Homelessness Duties (Accommodation Offers) Policy and S202 Review Procedures for more information).

14.0 Discretionary powers to secure accommodation

14.1 Powers to accommodate pending a review.

14.1.1 Under S202 of the Act applicants have the right to ask for a review of the council’s decision on a number of issues relating to their case, and may also request that accommodation is secured for them pending a decision on the review. Housing authorities have powers to accommodate applicants pending a decision on reviews under S188(3), S199A(6) and S200(5) of the 1996 Act.

14.1.2 In considering whether to secure accommodation pending review the council will balance the objective of maintaining fairness between homeless persons in circumstances where it has decided that no duty is owed to them, against proper consideration of the possibility that the applicant might be right. The council will consider the following, along with any other relevant factors:

• the merits of the applicant’s case that the original decision was flawed and the extent to which it can properly be said that the decision was one which was either contrary to the apparent merits or was one which involved a very fine balance of judgment
• whether any new material, information or argument has been put to them which could alter the original decision
• the personal circumstances of the applicant and the consequences to them of a decision not to exercise the discretion to accommodate

14.1.3 Where an applicant is refused accommodation pending a review, they may seek to challenge the decision through judicial review.

14.2 Power to accommodate pending an appeal to the county court.

14.2.1 Where an applicant is dissatisfied with the council’s S202 review decision or is not notified of the review decision within the proper time limits, an applicant has the right to appeal to the county court on a point of law arising from the review decision or original homelessness decision.

14.2.2 Under S204(4) of the Act the council has have the power to accommodate certain applicants during the period for making an appeal against their decision, and, if an appeal is brought, until it and any subsequent appeals are finally determined.

14.2.3 This power may be exercised where the council was previously under a duty to secure accommodation for the applicant’s occupation under S188, S190, S199A or S200; and may be exercised whether or not the housing authority has exercised its powers to accommodate the applicant pending review.

14.2.4 In deciding whether to exercise this power, the council will adopt the same approach, and consider the same factors, as for a decision whether to exercise their power to accommodate pending a review.

14.2.5 Under S204A of the Act, applicants have a right to appeal to the county court against decisions on the use of the S204(4) power to accommodate. This enables an appeal against decisions not to secure accommodation for them pending their main appeal, or to stop securing accommodation, or to secure accommodation for only a limited period before final determination of the main appeal by the county court.

14.2.6 In deciding a S204A appeal, if the court quashes the decision of the housing authority, it may order the authority to accommodate the applicant, but only where it is satisfied that failure to do so would substantially prejudice the applicant’s ability to pursue the main appeal on the homelessness decision.

14.2.7 Where the council has decided that an applicant is not eligible for housing assistance under Part 7 it can still exercising its powers to secure accommodation pending a review or appeal unless it is prevented from doing so by S54 of, and schedule 3 to, the Nationality, Immigration and Asylum Act 2002 where the applicant is a person who falls within one of a number of classes of person specified in schedule 3 unless there would otherwise be a breach of the person’s rights under the European Court of Human Rights or rights under EU Treaties.

14.3 Powers to secure accommodation to prevent or relieve homelessness.

14.3.1 The council has duties to help prevent and relieve homelessness for eligible applicants who are threatened with becoming homelessness within 56 days or are homeless. The S195(2) prevention duty requires the council to take reasonable steps to help the applicant to secure that accommodation does not cease to be available to them, and the relief duty requires the council to take reasonable steps to help the applicant to secure that suitable accommodation becomes available to them for at least 6 months.

14.3.2 S205(3) of the Act enables housing authorities to discharge the S189B(2) relief and S195(2) prevention duties by securing accommodation for an applicant, where it decides to do so.

14.3.3 The power to secure accommodation for applicants to prevent or relieve homelessness, regardless of priority need status, provides more flexibility to pursue appropriate housing options for applicants.

14.3.4 The council can use the S205(3) power to deliver accommodation services for groups that are at higher risk of homelessness, for example young people with low incomes, or to provide additional help to those least able to secure accommodation directly from a private landlord, such as people with an offending history or people with a mental health problem. The council will consider local priorities, needs and resources when considering how the power might best be utilised in its area.

15.0 The council’s response to rough sleeping

15.1 The council exercises its power to secure accommodation to relieve homelessness under S205(3) of the Act for genuine and verified rough sleepers.

15.2 The council will exercise its powers under S1 of the Localism Act 2011 to secure accommodation for those who are ineligible for assistance in these extenuating circumstances.

15.3 There are extensive procedures in relation to the provision of accommodation for this vulnerable group, and indeed anyone else who requires emergency accommodation to self-isolate or for other reasons relating to public health matters.

16.0 Monitoring and review

16.1 There will be stringent monitoring and regular review of the number of households living in temporary accommodation, the type and suitability of temporary accommodation provided, the length of time households spend in temporary accommodation, and expenditure on temporary accommodation.

16.2 This policy will be reviewed annually or sooner if there are any changes to legislation or operational requirements that may impact on this policy and its delivery.

16.3 Minor changes can be agreed by the Assistant Director Strategic Housing Development and Property Services or their duly delegated representative. Where there are significant changes or changes to legislation then this will require the appropriate governance.

17.0 Complaints

17.1 North Northamptonshire Council operates a Compliments, Comments and Complaints Policy so that everyone is clear about how to compliment, comment and complain about services provided by the council and what will happen to those comments once they are received.

18.0 More information

18.1 If you would like further information about this policy please contact North Northamptonshire Council’s Temporary Accommodation Team:

Municipal Offices, Bowling Green Road, Kettering, Northants, NN15 7QX.

Telephone: 01536 410333

Telephone: 01536 859590

Email: [email protected]