Renting Homes (Wales) Act: homelessness Q&A

Accommodation Provision – LHA v Relevant Landlord

Can I just clarify, for RSLs etc, it is 12 months from s62 assessment, but individual doesn’t necessarily need to be owed a s.75 duty to be given contract. They can be under any duty, just 12 months after s.62 decision?

Can we just clarify the point around notification period for RSLs? Is it 12 months after s.62 regardless of duty (could be s.68,73,75)? Or is it 12 months after s.62 AND they are on a s.75?

The 12 months from s.62 decision. A case could have had a s.66 acceptance, then move through the legislation to s.73, then s.75. Where do we start the 12 months?

Accommodation provided by a ‘Relevant Landlord’ under an arrangement made in pursuance of your ‘Homelessness Functions’ becomes an Occupation Contract at the end of the ‘notification period’ which is:

• 1) 12 months after the applicant is notified of the outcome of a section 62 assessment; or
• 2) 12 months after a review/appeal decision

The housing function you are discharging it not relevant for the purposes of considering when the ‘notification period’ begins/ends.

(Paragraphs 12(4)(a)(i) and 12(4)(b)(i) of Part 4 of Schedule 2)

Accommodation Provision – General

If ‘X’ is notified that we accept a s.66 duty to prevent, then 6 months later becomes homeless and accesses temp accommodation are we starting the 12 months from the original notification? If not is it the s.68 or s.75?

Section 66 is not included as part of your ‘homelessness housing functions’ for the purposes of Paragraph 12 of Part 4 of Schedule 2.

Based on the template letter included in the Allocation of Accommodation and Homelessness Guidance for local authorities at Page 364 (pdf) it appears to be envisaged that a s66 duty should be discharged where a prevention case becomes a homeless case and a further notification of section 62 decision made at that time.

From this time, accommodation would be offered in pursuance of your homelessness housing functions and it seems logical that it is this section 62 outcome which triggers the 12 month notification period.

Regardless of accommodation type, if person is being accommodated due to homelessness functions, do the usual rules for homelessness apply? I.e. contract given when s.75 due (LHA) or after notification period (RSL).

Yes, subject Simon White’s clarification that the timescales in respect of BnB accommodation and the ‘notification period’ for accommodation provided by a ‘Relevant Landlord’ will start on the 15 July 2022 and any previous periods of occupancy will be discounted. However, these changes are yet to be made to the legislation.

Can RSLs choose to offer a periodic standard contract on acceptance of a S75 Duty?

Yes. An RSL can choose to offer a periodic standard contract at any time during the ‘notification period’ (Paragraph 12(3) of Part 4 of Schedule 2)

If an RSL wants to offer a periodic standard contract and not a secure contract (as this would be the default agreement) they will need to provide the occupier with a ‘Notice of Standard Contract’ (‘a Section 13 Notice’) (Section 11(2)).

If the LA leases the unit from an RSL is this an occupation contract, and we offer a licence under homeless?

An agreement is only an occupation contract where it is made with an individual(s) (Section 7(2) and (3)); an agreement between two organisations would not be an occupation contract.

If you are a landlord you are able to offer a homeless licence so long as the relevant exceptions are met.

What happens if applicant moves between temporary accommodation provision? Every time, they would be given a new s.68 or new offer of interim under s.75 does that re-set the clock?

What if someone moves to a different temporary accommodation – does the time restart or is it still from date of S75 acceptance?

No, the ‘notification period’ for Relevant Landlords’ continues for a period of 12 months regardless of whether the accommodation provided changes.

This is very concerning many of applicants in TA currently will be past or very near S75 duties – meaning that most of my TA will disappear overnight as there is very little move-on opportunities. I feel this will lead to a lot of homelessness/rooflessness.

It’s not clear on what basis this would result in a loss of TA. On the assumption that the people in your TA under licences are the same people who would be in your TA under occupation contracts its not clear how these units can be said to ‘disappear’.

If there are currently few move on opportunities this would remain the case irrespective of the terms of the applicant’s occupancy of the unit; they will be using it/occupying it either way.

Housing Benefit currently covers the TA rents at the 2011 LHA rate minus 10% – they’re able to pay at this amount as the accommodation is considered as temporary – given the contracts to be signed with clients this accommodation may now no longer be considered as temporary as it may now not meet HB criteria?

The Renting Homes (Wales) Act 2016 makes no specific changes to the HB scheme.

It’s not possible to address the specific query without reference to the specific criteria causing concern.

No Recourse to Public Funds

How do TA contracts apply to people who have NRPF?

How should those accommodated with no recourse to public funds be managed?

The Renting Homes (Wales) Act 2016 makes no changes to the manner in which people with No Recourse to Public Funds are treated. There is no distinction in the Act between those who have and do not have recourse so far as the type of accommodation that can be provided is concerned.

BnB/Air BnB Accommodation

Our interpretation is that after the end of the 12 month period then an occupation contract needs to be entered into regardless of whether we’ve moved them into permanent accommodation. E.g. even if they are in a B&B then.

Our concern is that B&B owners will stop working with us as a result of this.

At the end of a 12 month period if the accommodation is being provided by a Relevant Landlord an occupation contract will need to be provided once the 12 month notification period has lapsed.

If you are providing the accommodation as an LHA an Occupation Contract does not need to be provided until a Section 75(1) duty owed.

It’s not clear what is meant by permanent accommodation. If you’ve discharged your functions via the provision of suitable permanent accommodation then the occupation contract would be outside of the exception in any event.

Will the transitional arrangement apply to all holiday let – we use a lot of Air BnB?

To be confirmed when the amendments are published.

Would a B&B be considered a ‘relevant landlord’?

Paragraph 12, Part 4, Schedule 2 defines a relevant landlord as:

“relevant landlord” (“landlord perthnasol”) means—

• (a) a community landlord which is a registered social landlord or a private registered provider of social housing, or
• (b) a private landlord

Section 10 defines Private Landlord as follows: In this Act “private landlord” means a landlord that is not a community landlord.

We also have a number of properties where we have e.g. a 6 month lease of rooms in B&Bs to place people in. In these scenarios we anticipate that we would be the landlord and so would need to enter into the contract. But what happens when our lease ends and isn’t renewed? Our thought was we should cancel all our leases before 15th July to avoid this.

As far as possible you’ll need to make sure your lease accounts for and makes allowances for your ability to terminate any occupation contracts which may be created.

If your lease is coming to an end, there is nothing to stop you agreeing with the contract holder to terminate the occupation contract by agreement and move them to another property under a new occupation contract.

You will also have the ability to provide 2 months’ notice to terminate the contract if it is necessary to do so (so long as the necessary pre-requisites are met).

It’s not possible for us to suggest what would be best in a given situation as it would be necessary to review the lease provisions.

Supported Accommodation

Seeking clarification around supported accommodation and homelessness. In the case where the accommodation is supported (as defined by the act), but someone is placed there because of homelessness duties (even if they require that support), it is not defined as supported.

There is no ‘hierarchy’ of exemptions in the act which says one should be used rather than another, but, if someone has been placed in accommodation by an LHA as a result of their homelessness functions this would be homeless accommodation and falls under that exemption even where support is provided.

If the definition of supported housing is met, anyone who is allocated a space by any means other than the LA’s homelessness function would be in supported accommodation.

If on a standard supported contract, will it count as an exclusion if they are excluded from their room but not from the whole building (offered another room in building for the 48 hours etc)?

It would probably just be easier to move them to a different room under the mobility clause (providing one is included in your agreements). This would avoid the need for a review meeting etc ect and the process that goes along with exclusion.

It is suggested that exclusion should be a last resort if reliance on the mobility clause would not resolve the issue.

Is the three month extension the maximum extension that can be given, or is it extended three months at a time?

It’s three months at a time and there is no maximum limit.

What is the criteria for a supported accommodation licence extension?

Schedule 2, Part 5, Paragraph 15(8) states that:

In making the decision to extend the relevant period, the landlord may take into account?—

• (a) the conduct of the tenant or licensee (or, if there is more than one tenant or licensee, the conduct of any of them), and
• (b) the conduct of any person who appears to the landlord to live in the dwelling.
• (9) A landlord may take a person’s conduct into account under sub-paragraph (8)(b) whether or not the person lives continuously in the dwelling, and whatever the capacity in which the person lives in the dwelling

This is not an exhaustive list and just things that the LHA may consider.

Who would be responsible for finding 48 hour accommodation and fund that accommodation?

Guidance on temporary exclusions can be found on the Welsh Government website here.

What is the maximum time allowed in supported accommodation under a licence can there be more than 1-3 month extension? Who in the LA gives permission to extend?

There can be more than one three-month extension.

Who makes the decision in the LA is a matter for you; there is no prescribed decision maker in the Act.

What if there’s Supported Accommodation (contracted with the LA) by a landlord that’s not a RSL or a charity?

For an arrangement to meet the definition of supported accommodation under the act it needs to be provided by a community landlord or registered charity (Section 143).

If accommodation is not provided by one of the listed bodies, even if supported is provided at the accommodation it is not supported accommodation for the purposes of the act and will not benefit from the licence exemption and supported standard occupation contracts cannot be provided.

Supported Accommodation vs Homelessness Accommodation

If someone goes into refuge under their own steam, and then presents as homeless to the LA – does the supported accommodation convert to homeless accommodation if S68 duty accepted, or does it remain supported accommodation as this is their entry route?

Once accommodation is being provided pursuant to your ‘homelessness housing functions’ it is homelessness accommodation and benefits from those exemptions under the act.

What is the conversion process for existing homelessness licenses? Do the current terms need to transfer to the occupation contract (where they don’t conflict with fundamental terms) i.e. same process as for converting secure tenancies agreements into secure occupation contracts?

There is nothing specific in the Act in relation to this but we would suggest that best practice would be to follow the process outlined in the ‘Guidance on converting an existing tenancy or licence into an occupation contract under Renting Homes (using a periodic standard contract as an example)‘ provided by the ministers in respect of drafting occupation contracts.

Where an agreement is to remain a licence after implementation day there is no prescribed form of model agreement and so you may wish to retain your existing licence or have your post implementation licences be as close as possible to any future occupation contracts you are likely to provide.

Will Refuge Accommodation for domestic abuse be exempt from the act on the basis that it is temp accommodation for people to flee violence? It doesn’t quite fit the current exemption under supported licences.

Whether the Refuge accommodation fits the definition of supported accommodation will be fact specific in each case, but, where people are being supported to find employment, accommodation or you are supporting someone who finds it difficult to live independently because of age, illness, disability or any other reason (support includes counselling) this can meet the definition of supported accommodation.

(Section 143(4))

Prescribed Forms of Notice

Do you have any information as to whether any more pro forma forms are to be released for the NSP/termination of a Secure Occupation Contract or do we need to draft our own?

It doesn’t appear as though this form of notice has been included in the recent prescribed notices which have been released. This would be a matter for the ministers to consider.

Download the WLGA Training slides on Homelessness Accommodation here.