Housing Law, Requirements of the Homelessness Legislation - Case Study Example

Insert Name Course Institution Instructor Date of Submission Housing Law Introduction Shelter is one of the basic human needs that enhance human survival as well as enable them achieve their full potentials. Due to this role, the right to shelter is a basic human right and its depravity is considered a violation to the basic human rights. In the UK, homelessness is perceived as crucial to the nation’s economic development whereby the UK economic plan addresses the issue of providing affordable homes to majority of the nation’s population. As a result, the homelessness legislation was included as a section in the Housing Act of 19961 and addresses issues such as the criteria for identifying individuals that should be provided with shelter assistance, homelessness and the duties of the local authorities in providing accommodation in the wider UK. This paper seeks to discuss the various requirements that should be provided by an individual for them to access the benefits. Additionally, the paper will discuss the scope of the local authorities’ role in providing shelter to the homeless. Requirements of the Homelessness Legislation Part VII of the Homelessness Act 2002 outlines the duties accorded to individuals with no shelter. This Act seeks to protect the homeless by providing them shelter and informing them about their rights as entitled by the law. Towards determining whether an individual is homeless, the individual is required to fulfil one of the following requirements. Firstly, one must prove that they have no place to seek shelter. Lack of basic shelter facilities renders one homeless and thus may seek assistance as provided by the Act. Secondly, where an individual has been provided with some shelter for a specified period of time and upon completion of the period the individual is asked to vacate the premises then they will be considered homeless. Additionally, an individual that has been provided with shelter but has no legal right to live in the premises can also be considered homeless provided they prove they are not the legal owners. Thirdly, an individual may have the legal right to shelter but cannot access the shelter facility is also considered homeless since they have no place to live. Fourthly, an individual may own a shelter but another occupant within the shelter posses great danger to the individual may be considered homeless and seek assistance as provided for by the act. Lastly, an individual is considered homeless in the event that they lose their shelter during a disaster such as floods and fire among others. On another note, an individual may be considered to be threatened by homelessness if they are likely to become homeless in the next 28 days although it is dependent on the surrounding circumstances2. Therefore, the first requirement for an individual to be accorded the relevant provisions involves the proof of being homeless or threatened by homelessness. Proof documents include eviction notice, bailiff’s warrant, summons and court orders among other documents. The second requirement involves determining an individual’s eligibility for support from the UK administration as provided for by the Act. Basically, for an individual to become eligible, they must be eligible for public funding. The Asylum and Immigration Act 1996 clearly outlines individuals that are eligible for homeless assistance in the UK. For one to be considered ineligible for homeless assistance, they have to meet one of the following criteria. Firstly, prove of illegal immigration to the UK and hence they have failed to provide adequate documentation of the presence in the UK. Secondly, students, visitors and sponsored immigrants are not eligible for homeless assistance. Thirdly, if an individual’s application for asylum in the UK was denied after February 5, 1996, they are ineligible for the home assistance program. Fourthly, failure to make claim at the port of entry into the UK results into ineligibility for the homeless assistance program. Lastly, individuals that have no permanent residence in the UK or asylum seekers that have shelters elsewhere are ineligible for homeless assistance3. Documents that indicate proof of eligibility include passports, home office documents and travel documents. Within the UK, several individuals are in need of homeless assistance and the program seeks to achieve its objectives through providing individuals with great need of shelter with accommodation facilities. Towards this end, the prioritising of individuals seeking shelter assistance is important to ensure hastened settlement. Hillingdon provides that individuals given priority in the homeless assistance program include 16-17 year olds, 18-21 year olds leaving social care, those with dependent children aged 16 and below, pregnant mothers or relatives, individuals at a risk of violence and those rendered homeless due to environmental disasters (2). These individuals are prioritised due to their dire need of shelter and delicate health conditions. In Shala v. Birmingham CC (2007) EWCA Civ624, 27 June, the claimant was deemed not vulnerable since she was on suffering from self-induced health conditions4. Applicants for homeless assistance ought to be investigated and proved that they are not intentionally homeless. The circumstances surrounding their homelessness are investigated and a conclusion is arrived at on the cause of their homelessness. For an applicant to qualify for homeless assistance, the cause of their homelessness should not be linked to the occupant of the house. An individual might for example intentionally refuse paying rent or mortgage and this will eventually result into eviction. In such circumstances, the individual does not qualify for homeless assistance due to their negligence and arrogance. In the case R v Sutton LBC All ER (D) 327 , 18 May 2007, a 17 year old girl was evicted from her father’s house due to anti-social behaviour. She filed for assisted housing but was denied as she was the cause of her homelessness5. Finally, an individual seeking assisted housing should be known among the locals as being a worker or an occupant within the area. This test seeks to determine whether the individual has lived in the accommodation for a minimum six months in the last 12 months, a minimum three years of the past five years, a permanent local employee or had close relatives that occupied the premises in the past five years. Proof has to be provided on each of the above tests for an individual to qualify for the homeless assistance program6. Local Authority Obligations The local authorities across the UK are mandated with the responsibility of assessing the shelter assistance needs of the locals and duly providing the genuinely homeless locals with shelter7. These shelters can either be permanent or temporary depending on the authorities’ capabilities at the moment. The local authorities are obliged to ensure that the aforementioned five requirements are satisfactory and should be conducted on an individual basis. Individuals seeking assisted housing ought to provide valid documents to the local authorities to prove their homelessness and also record a statement with a local officer. Upon completion, the local authorities assign investigators to look into the homelessness issues and prove the validity of the individual’s homelessness. Thereafter, depending on the outcome of the investigations, the local authorities take it upon themselves to identify suitable shelters for the homeless according to their priority. In providing shelter for the homeless, the local authorities should ensure that the occupants of the facility are satisfied with it. The authority’s fiduciary duty of providing shelter ends with the settlement of the homeless in a habitable facility of their choice. In providing accommodation for individuals, the local authorities ought to consider the following conditions. Firstly, it has to outline the physical needs of the applicant to identify whether they have dependants or not. Secondly, the accommodation standards should meet those of the applicant and should be habitable. Thirdly, since the shelter arrangements are catered for by the local authorities, affordability should be considered to ensure the applicants are not rendered homeless in future. Lastly, the accommodation location is very important especially where the applicant goes to school or work8. This will enable them adjust smoothly to their new shelters although in some instances this condition is overlooked. In Williams v Birmingham CC [2007] All ER (D) 144 (Jun) 14 June 2007, the appellant was requested to change her son’s school since she had been settled in another area far from their previous residential area9. The local authorities’ obligation in settling the homeless is sufficient to the extent of identifying, investigating, examining, prioritizing and settling the homeless. However, in some instances the local authorities might lack the capacity to provide the homeless with shelter especially during disasters. In Pulhofer v. Hillingdon BC, Lord Brightman stated that the local authorities were not expressly required to find accommodation facilities for the homeless where the housing standards were unreasonable10 (Hudson, p9). As a result of this decision, the legislation was changed to include suitability during the provision of accommodation by the local authorities. The permissive school of thought states that the local authorities have the basic responsibility of sheltering the homeless whereas the restrictive school states that the homeless should not be fully assisted by the local authorities. Hudson further states that this is because the local authorities are faced with constrained resources therefore requiring the law to be given a restrictive interpretation11 (10) Works Cited Academy for Sustainable Communities. Local Authorities’ Homelessness Strategies. Retrieved from < http://www.eukn.org/unitedkingdom/themes/Urban_Policy/Housing/Housing_policy /Homelessness/Local-homelessness-strategies_1019.html > on Dec. 13, 2009 Chartered Instt of Housing. Homelessness in the UK. Oxford: OUP, 2009. Clickdocs. Housing Doc. (England & Wales): Tenancy Agrmnt. Retrieved from < http://www.clickdocs.co.uk/tenancy-agreement-england.htm > on Dec. 13, 2009 Edwards, Allan. Homelessness Legislation. Retrieved from < http://www.communities.gov.uk/documents/housing/pdf/1155611.pdf > on Dec. 13, 2009. Flintshire County Council. Homelessness. Retrieved from < http://www.flintshire.gov.uk/wps/portal/english/services?WCM_GLOBAL_CONTE XT=/Web%20Content/flintshire/english/services/100007/200093/homeless+legislati on > on Dec. 13, 2009. Hillingdon. Homelessness Legislation & How It Affects You. Accessed from < http://www.hillingdon.gov.uk/media/pdf/b/9/9167_homelessness.pdf >on December 12, 2009. Homeless UK. Srvcs for Homeless Pple in the UK. Retrieved from < http://www.homelessuk.org/details.asp?id=LP10 > on Dec. 13, 2009. Housing Justice. Homelessness in Wales: What is the Prob. Retrieved from < http://www.housingjustice.org.uk/campaigns/homelessnesswal.htm > on Dec. 13, 2009. Hudson, Alastair. The Law on Homelessness. Manchester: Sweet&Maxwell. Retrieved from < http://www.alastairhudson.com/digestsofpublications/lawonhomelessness.pdf > on Dec.12, 2009. Luba, Jan & Davies, Liz. The Homelessness Act 2002: Special Bulletin. Michigan: Jordans, 2002. Office of Public Sector Info. Housing Act 1996, Chp 52. Retrieved from < http://www.england-legislation.hmso.gov.uk/acts/acts1996/Ukpga_19960052_en_1 > on Dec.13, 2009. OPSI. Homelessness Act 2002, Chp 7. Retrieved from < http://www.opsi.gov.uk/Acts/acts2002/ukpga_20020007_en_1 > on Dec. 13, 2009. UK Housing, Case Law Update. Retrieved from < http://www.uk- housing.co.uk/LU/ARCHIVE/07/07/927/ > on Dec. 12, 2009. UK Homes & Communities Agency. UK Homelessness Statistics Dwn, Legislation is Working. 2009. Retrieved from < http://thegovmonitor.com/world_news/britain/uk- homelessness-statistics-down-legislation-is-working-16685.html > on Dec. 13, 2009. Waveney Dist. Council. Homelessness Process: Level One. Retrieved from < http://www.waveney.gov.uk/NR/rdonlyres/6A7FF04C-C4E2-4EA6-9B31- 6E09762C93D2/0/homelessproceduremanuallevelone.pdf > on Dec. 12, 2009. Wales Audit Office. Tackling Homelessness in Wales. 2007. Retrieved from < http://www.wao.gov.uk/assets/englishdocuments/Homeless_report_eng_web.pdf > on Dec. 13, 2009. Welsh Assembly Govt. Homelessness. Retrieved from http://wales.gov.uk/topics/housingandcommunity/housing/homelessness/?lang=en on Dec. 13, 2009. Williams, Peter & Holmans, A.E. Directions in Housing Policy: Towards Sustainable Housing Policies for the UK. California: Sage, 1997. Read More