Legal duties
This section provides a summary of how three key pieces of legislation, the Housing Act 1996, the Homelessness Reduction Act 2017, and the Domestic Abuse Act 2021 interconnect to shape the duties of local housing authorities in England.
Legislation |
Key Provisions |
Impact on Local Housing Authorities |
Connection to Other Acts |
|
Housing Act 1996 (Part 7) |
Defines homelessness, priority need, intentionality, and duties of local authorities. |
Provides the core framework for assessing and responding to homelessness. |
Forms the legal foundation amended by both the HRA 2017 and the Domestic Abuse Act 2021. |
|
Homelessness Reduction Act 2017 |
Introduces prevention and relief duties; expands support to all eligible applicants. |
Requires early intervention and personalised housing plans for those at risk of homelessness. |
Amends Part 7 of the Housing Act 1996 to broaden duties beyond priority need. |
|
Domestic Abuse Act 2021 |
Defines domestic abuse in law; grants automatic priority need to victims; introduces safe accommodation duty. |
Requires provision of safe housing and support for individuals fleeing domestic abuse. |
Further amends Part 7 of the Housing Act 1996; complements the HRA 2017 by enhancing protections for vulnerable groups. |
Part 7 of the Housing Act 1996 - The foundation
- This is the core legal framework for homelessness duties in England
- It defines who is considered homeless or threatened with homelessness and outlines the responsibilities of local authorities
- It was amended by both the HRA 2017 and the Domestic Abuse Act 2021 to expand and clarify these duties
Homelessness Reduction Act 2017 - Early intervention
The HRA amends Part 7 of the Housing Act 1996 to introduce:
- A prevention duty: support for those at risk of homelessness within 56 days.
- A relief duty: support for those already homeless to secure accommodation
- It requires local authorities to work with all eligible applicants, not just those in priority need
Domestic Abuse Act 2021 - Enhanced protection
This Act further amends Part 7 of the Housing Act 1996 to:
- Automatically grant priority need to victims of domestic abuse who are homeless as a result
- Introduce a statutory definition of domestic abuse that housing authorities must use when assessing homelessness applications
It also includes a safe accommodation duty, requiring local authorities to ensure support and refuge for victims in safe housing environments.
How they connect practically
Local housing authorities must now:
- Identify and support individuals at risk of homelessness early (HRA 2017)
- Recognise domestic abuse victims as having priority need (Domestic Abuse Act 2021)
- Provide safe accommodation and tailored support for those fleeing abuse
- These duties are interwoven in the Homelessness Code of Guidance, which helps authorities interpret and apply the legislation cohesively