The unwritten constitution of the UK does not protect the right to housing. However, the UK enjoys enforceable entitlements that are relatively more robust than those in other countries. At the same time, underfunded local councils, rising wealth inequalities and significant cuts to the social security regime are contributing to an unprecedented housing crisis.
England
The financial year 2010/11 saw a 10% increase in homelessness acceptances by local authorities, representing the first financial year increase since 2003/4. Homelessness acceptances continued to rise over the next three years but fell by 3% between 2012/13 and 2013/14. The 2014/15 financial year recorded a further increase, with acceptances 36% higher than in 2009/10. The 2015/16 financial year saw acceptances increase by a further 6% on 2014/15 and the 2016/17 financial year recorded a 1% increase on the previous year. (Source: Official statistics).
According to Crisis’s Homelessness Monitor: England 2017, 64% of councils are struggling to find social tenancies for homeless people, while half find it 'very difficult' to assist applicants into privately rented accommodation, particularly in the case of young people and large families, with 85% of responding councils having difficulties assisting single people aged 25-34 into accommodation and 88% finding it difficult to house large families.
The National Audit Office has warned that homelessness is ‘likely to have been driven by welfare reforms’ (September 2017). They also observed that the ending of private sector tenancies is the biggest single driver of statutory homelessness in England. This constitutes a violation of Britain’s global human rights commitments as international law is clear that nobody should be rendered homeless as a result of an eviction.
Following the lead of Scotland (since 2012) and Wales (since 2015), the Homelessness Reduction Act 2017 (in force from April 2018) creates a new duty to prevent homelessness for all eligible applicants threatened with homelessness in England. Everyone who is homeless or at risk of homelessness will have access to meaningful help, irrespective of their priority need status, as long as they are eligible for assistance. Under the Act, housing authorities also have the duty to address any support needs of individuals who are homeless or at risk of homelessness and their family members, including by coordinating with relevant agencies and department.
Scotland
In Scotland local authorities have a duty towards all unintentionally homeless households irrespective of whether they are in priority need.
The legislation for homelessness in Scotland is the Housing (Scotland) Act 1987. A major amendment in the Homelessness etc. (Scotland) Act 2003 abolished the priority need criteria with effect from 2012. As a result of this Act, local authorities have a duty to find permanent accommodation for all applicants who are unintentionally homeless.
Should an applicant be assessed to have become homeless or threatened with homelessness intentionally, a local authority has a duty to provide advice and assistance. They must also provide temporary accommodation for long enough to give the applicant a reasonable opportunity to find accommodation of their own.
The Private Housing Tenancies (Scotland) Act 2016 distinguishes between ‘mandatory’ and ‘discretionary’ grounds of eviction; in the latter cases the landlord has to prove that the circumstances exist but the court will only grant the order for the recovery of possession if it considers it is reasonable to do so..
Wales
The Housing (Wales) Act 2014 introduced a duty on local authorities to provide housing advice and assistance to everyone within their local area, regardless of whether or not they are homeless or threatened with homelessness. These provisions are focused on getting local authorities, in partnership with other relevant bodies, to prevent and relieve homelessness wherever possible.
Local authorities have a duty to help secure accommodation for all applicants assessed as homeless for a period of 56 days. After this period there is a continuing duty to secure accommodation for unintentionally homeless households in priority need.
Northern Ireland
The governing legislation for homelessness in Northern Ireland is the Housing (Northern Ireland) Order 1988. In addition to the three tests of a) homelessness or threatened with homelessness (within 28 days), b) intentionality and c) priority need, Northern Ireland has an extended test of eligibility for assistance. As well as covering matters related to the applicant’s immigration status, the Northern Ireland Housing Executive can deem someone to be ineligible as a result of ‘unacceptable behaviour’ in a previously held NIHE tenancy.
Prior to an assessment being completed, local authorities have an interim duty to secure accommodation for any applicant likely to be in priority need. An eligible applicant with priority need who has become homeless or threatened with homelessness intentionally is entitled to temporary accommodation for long enough to give the applicant a reasonable opportunity to find accommodation of their own, as well as being entitled to advice and assistance.
Housing conditions
The 2015/16 English Housing Survey found that the private rented sector had the highest proportion of homes with at least one indicator of poor housing (40%). The Survey recorded that 28% of private sector rented homes failed the decent home standard in 2015.
There are statutory obligations on most landlords to keep in repair the structure and exterior of their properties, and to repair installations for the supply of water, heating and sanitation. However, provisions requiring landlords to ensure that their properties are fit for human habitation have ceased to have effect as a result of annual rent limits.
Currently being considered in Parliament, the Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill 2017-19 is seeking to extend the statutory obligations to cover almost all landlords and to modernise the fitness for habitation test. Where a landlord fails to let and maintain a property that is fit for human habitation, the Bill would give tenants a right to take action in the courts.
The Bill extends to England and Wales but will only apply to tenancies in England. Wales already enjoys similar provisions in relation to housing fitness in the Renting Homes (Wales) Act 2016.
This country profile was drafted by Koldo Casla, Policy Director, Just Fair, and Research Associate, Institute of Health & Society, Newcastle University (‘Article 22’),
