💡 Understanding the 5 Homelessness Tests
To access housing support in England, individuals must pass the 5 Homelessness Tests, assessed by local authorities under the Housing Act 1996 (Part 7) and the Homelessness Reduction Act 2017. These tests determine eligibility for support, the duty owed, and what assistance can be provided.
🟢 1. Eligibility
Definition: Determines if an individual is legally eligible for homelessness support based on immigration status and habitual residence.
- Key Factors:
- British or Irish citizens automatically eligible.
- EEA nationals must meet additional criteria post-Brexit.
- Non-EEA nationals must have recourse to public funds.
- Applicants must pass the Habitual Residence Test to prove the UK is their main home.
- Best Practices:
- Keep updated on immigration laws and housing rights.
- Use sensitive and trauma-informed questioning for those with complex immigration backgrounds.
- Seek specialist legal advice for complex cases.
🟡 2. Homelessness
Definition: Determines whether the individual is homeless or at risk of homelessness within 56 days.
- Key Factors:
- Rough sleeping, sofa surfing, or living in unsuitable accommodation (e.g., overcrowded, unsafe, or unaffordable housing).
- Legal eviction notices or risk of violence leading to homelessness.
- ‘Hidden homelessness’ cases (e.g., staying with friends, temporary shelters).
- Best Practices:
- Use a broad definition to identify those in precarious housing situations.
- Work closely with domestic violence services to support individuals fleeing abuse.
- Provide immediate prevention and relief interventions under the Homelessness Reduction Act.
🔵 3. Priority Need
Definition: Determines whether the individual has an additional vulnerability that makes them a priority for housing.
- Key Factors:
- Families with dependent children.
- Pregnant individuals.
- Those fleeing domestic violence.
- People with significant mental health issues or disabilities.
- Young people aged 16–17 or care leavers under 21.
- Individuals considered “vulnerable” due to factors like substance use or chronic illness.
- Best Practices:
- Conduct thorough vulnerability assessments.
- Collaborate with mental health, substance use, and domestic abuse services to advocate for priority need.
- Challenge incorrect priority need decisions with medical and professional evidence.
🟣 4. Intentionality
Definition: Assesses whether the applicant has become homeless deliberately.
- Key Factors:
- Did the person intentionally refuse to pay rent when they had the means?
- Did they leave housing they could have stayed in?
- Was the homelessness caused by factors outside their control (e.g., relationship breakdown, mental health crisis, domestic violence)?
- Best Practices:
- Take a trauma-informed approach—many individuals with substance misuse histories may have complex reasons for eviction.
- Ensure thorough fact-finding before an intentionality decision is made.
- Seek reviews if intentionality assessments overlook mitigating circumstances.
🟠 5. Local Connection
Definition: Determines which local authority is responsible for providing housing support.
- Key Factors:
- Lived in the area for 6+ months in the past 12 months or 3 years in the last 5 years.
- Has permanent employment in the area.
- Has close family ties in the area (parents, siblings, adult children).
- Exceptions exist for domestic abuse survivors, care leavers, and individuals leaving prison.
- Best Practices:
- Support homeless individuals without a clear local connection to avoid gaps in service provision.
- Challenge inappropriate referrals to unsafe locations.
- Work with regional housing and outreach teams to coordinate care.
🚀 Key Takeaway: Understanding the 5 Homelessness Tests helps navigate housing applications, advocate for service users, and challenge incorrect decisions. The Homelessness Reduction Act 2017 strengthens prevention duties, ensuring vulnerable individuals receive early and tailored support.