The Homelessness (Suitability of Accommodation) (England) Order 2003

Explanatory Note

(This note is not part of the Order)

When discharging a housing function to secure that accommodation is available for an applicant who is homeless, or threatened with homelessness, under Part 7 of the Housing Act 1996, a local housing authority must ensure that the accommodation is suitable (section 206(1)). The Homelessness (Suitability of Accommodation) Order 1996 (S.I. 1996/3204) specifies that in determining whether accommodation is suitable for a person, there shall be taken into account whether or not the accommodation is affordable for that person, and lists particular matters to be considered. This Order specifies the circumstances in which accommodation will not be regarded as suitable.

The Order applies to applicants with family commitments. This means applicants who are pregnant or with whom a pregnant woman or dependent children reside or might reasonably be expected to reside. The accommodation not to be regarded as suitable is defined as B&B accommodation. B&B accommodation is accommodation which, whether or not breakfast is provided, is not self contained or which involves sharing certain amenities with another household.

Article 3 provides that, where accommodation is provided under a duty under Part 7 to an applicant with family commitments, B&B accommodation is not to be regarded as suitable, subject to the exceptions contained in Article 4. Article 4 provides that if there is no accommodation, other than B&B accommodation, available for their occupation, the local housing authority may house such an applicant in B&B accommodation, but only for a period or total of periods not exceeding six weeks.

In calculating the total period of time during which an applicant with family commitments has been housed in B&B accommodation, a local housing authority is to disregard any period spent in such accommodation before 1st April 2004. It is also to disregard any period spent in B&B accommodation where such an applicant was being housed by another local housing authority prior to the conditions for a referral being met in accordance with sections 198 to 200 of the Housing Act 1996. Those sections provide that, where a local housing authority is of the opinion that the conditions for a referral are met and that an applicant has a local connection with the district of another local authority, it may refer the applicant to that authority and, if the conditions for referral are met, the second authority is subject to the duty under section 193 of that Act (the main housing duty) in respect of the applicant.