Homelessness mythbusters (England and Wales)
This page addresses common misconceptions regarding statutory homelessness duties under English and Welsh law, particularly those arising from the Housing Act 1996 (as amended by the Homelessness Reduction Act 2017 in England) and related frameworks in Wales.
It signposts key provisions and official guidance to clarify obligations on local authorities, including prevention, relief, interim accommodation, local connection, and safeguarding duties for children and vulnerable adults.
Contents
- 1 Key duties under the Homelessness Reduction Act 2017 framework (quick reference)
- 2 Common myths (and what the framework actually says)
- 2.1 Myth 1: Less than 3 months in borough = no duty
- 2.2 Myth 2: No duty until bailiffs attend / physical eviction
- 2.3 Myth 3: No local connection = informal refusal
- 2.4 Myth 4: Licence/temporary placement cancelled = no duty
- 2.5 Myth 5: Children’s Services not involved – housing only
- 2.6 Myth 6: Intentional homelessness = no help at all
- 2.7 Myth 7: No recourse to public funds = no duty applies
- References
- External links
Key duties under the Homelessness Reduction Act 2017 framework (quick reference)
The following summarises core duties in England (via the Homelessness Reduction Act 2017 amendments to the Housing Act 1996). Note: Wales has parallel but distinct provisions under the Housing (Wales) Act 2014.
Reasonable steps to help prevent homelessness if threatened within 56 days.
Housing Act 1996 s195
Reasonable steps to help secure accommodation if homeless (generally up to 56 days).
Housing Act 1996 s189B
Where reason to believe applicant may be eligible, homeless/threatened, and in priority need, accommodation required pending inquiries.
Housing Act 1996 s188
56-day threshold / threatened with homelessness:
Defined in statute (s175).
Housing Act 1996 s175
Vulnerability:
Additional protections apply (e.g., disability, domestic abuse, mental health).
Code of Guidance (Chapter 23)
Common myths (and what the framework actually says)
Myth 1: “They’ve been in the borough less than 3 months — the council has no duty”
No statutory “3-month rule” removes duties based on short residence. Time may inform local connection assessments but does not justify refusal to assess or assist. Periods of 3–6 months residence may establish local connection, but lack of it cannot block assessment.
Local connection follows statutory criteria and formal referral processes, not blanket exclusion.
Housing Act 1996 s199
· Code Chapter 10
Myth 2: “There is no duty until bailiffs attend / until physical eviction”
Duties can arise earlier. The framework recognises threatened with homelessness , including possession proceedings or impending end of accommodation (typically within 56 days, per s175 as amended by the Homelessness Reduction Act 2017). Councils must accept a valid Section 21 notice as evidence of threatened homelessness (post-2018 Code clarification).
Relevant provisions: s175
· s195
· s189B
Guidance: Code Chapter 6
Myth 3: “No local connection — so we can refuse and tell them to go elsewhere”
Informal refusal is not permitted. Disputes require structured referral under the statutory framework.
Guidance: Code Chapter 10
Interim accommodation may apply pending inquiries: Housing Act 1996 s188
Myth 4: “The licence / temporary placement has been cancelled — so there’s no duty”
Termination does not eliminate assessment duties if homelessness or threat exists. Interim accommodation may apply where eligibility and priority need appear likely.
Reference: Housing Act 1996 s188
Guidance: Code Chapter 15
Myth 5: “Children’s Services aren’t involved — this is housing only”
Safeguarding duties arise independently where children are present and homelessness threatened, unaffected by departmental boundaries. Joint working between Housing and Children’s Services is mandated by the *Working Together to Safeguard Children* statutory guidance.
Safeguarding escalation:
Immediate referrals required for children or vulnerable adults, regardless of housing status.
Children Act 1989 s17
· s20
Myth 6: “They made themselves homeless — so there’s no help at all”
Intentional homelessness is a specific finding, generally determined after prevention and relief duties conclude. It does not preclude initial assessment or assistance.
Safeguarding duties remain for children or vulnerable persons alongside any housing decision.
Myth 7: “They have no recourse to public funds — so no duty applies”
Immigration-related ineligibility for Housing Act assistance does not eliminate all responsibilities.
Safeguarding under the Children Act 1989 (and Care Act 2014 where relevant) may require support, especially for children or vulnerable adults.
Children Act 1989 s17
· s20
References
- Housing Act 1996 (as amended by Homelessness Reduction Act 2017) — primary framework for England.
- Homelessness Code of Guidance for Local Authorities (last updated 4 December 2025).
- Children Act 1989 — safeguarding duties.
- Housing (Wales) Act 2014 — parallel Welsh provisions (not identical to England).
- Working Together to Safeguard Children (statutory guidance, latest 2023).
