http://www.legislation.gov.uk/wsi/2015/1268/article/7The Homelessness (Suitability of Accommodation) (Wales) Order 2015enHOUSING, WALESStatute Law Database2025-04-03Expert Participation2023-11-30
When discharging a housing function to secure that accommodation is available for an applicant who is homeless, or threatened with homelessness, under Part 2 (Homelessness) of the Housing (Wales) Act 2014 (“the 2014 Act”), a local housing authority (“authority”) must ensure that the accommodation is suitable. Section 59 of the 2014 Act (suitability of accommodation) specifies certain matters to be taken into account when determining suitability for the purposes of Part 2 of the 2014 Act.
PART 2Circumstances in which B&B and shared accommodation is not to be regarded as suitable for persons who are, or may be in priority needExceptions to articles 4 and 5 where accommodation meets a standard
7
1
Article 4 does not apply where—
a
the person occupies a basic standard B&B for a period, or a total of periods, which does not exceed 2 weeks;
b
the person occupies a higher standard B&B for a period, or a total of periods which does not exceed 6 weeks;
c
the person occupies a basic standard small B&B for a period, or a total of periods, which does not exceed 6 weeks, and the authority has, before the expiry of the two-week period referred to in sub-paragraph (a), offered suitable alternative accommodation, but the person has chosen to remain in the said B&B;
d
the person occupies a basic standard small B&B after exercising the choice referred to in sub-paragraph (c), and the authority has offered suitable alternative accommodation before the end of the six-week period referred to in sub-paragraph (c), but the person has chosen to remain in the said B&B;
e
the person occupies a higher standard small B&B, and the authority has offered suitable alternative accommodation, before the expiry of the six-week period referred to in sub-paragraph (b), but the person has chosen to remain in the said B&B.
2
Article 5 does not apply where—
a
the person occupies basic standard shared accommodation for a period, or a total of periods, which does not exceed 2 weeks;
b
the person occupies, for a period, or a total of periods, which does not exceed 6 weeks, basic standard shared accommodation owned or managed by a local housing authority or registered social landlord, and the authority has offered suitable alternative accommodation before the expiry of the two-week period referred to in sub-paragraph (a), but the person has chosen to remain in the said accommodation; or
c
i
the person occupies basic standard shared accommodation which is used wholly or mainly to provide temporary accommodation to persons who have left their homes as a result of domestic abuse, and is managed by an organisation which—
aa
is not a local housing authority; and
bb
does not trade for profit; and
ii
the authority has offered suitable alternative accommodation before the end of the six-week period referred to in sub-paragraph (b), but the person has chosen to remain in the said accommodation.
3
If the suitable alternative accommodation offered for the purposes of paragraphs (1) or (2) is shared, it must meet the higher standard.
4
In the case of households with dependant children or a pregnant woman, the offer made under paragraph (1)(d) or (e), or paragraph (2)(c) must be of suitable self-contained accommodation. In the case of an applicant who is a minor, the offer must be of suitable accommodation with support.
5
In calculating a period, or total period, of a person’s occupation of shared accommodation for the purposes of paragraphs (1) or (2), there must be disregardedany period before an authority became subject to the duty under section 73 by virtue of sections 82(4) or 83(2) (local connection referrals).
Art. 7 in force at 27.4.2015, see art. 1(2)