Social housing allocations legal framework: statutory guidance for social landlords

5.  Homeless Persons and Persons Threatened With Homelessness

5.1 Part II of the 1987 Act defines 'homeless persons'. A person is homeless if he or she has no accommodation in the United Kingdom or elsewhere, or if he or she has accommodation, but it would not be reasonable for him or her to occupy it. A person is homeless if he or she has accommodation, but:

• cannot secure entry to it;
• it is probable that occupation of it will lead to abuse;
• it is probable that occupation of it will lead to abuse from someone who previously lived with him or her whether in that property or elsewhere;
• it is a moveable structure, vehicle or vessel and there is no place where he or she is entitled or permitted to place it and live in it (this has particular relevance for Gypsies/Travellers);
• it is overcrowded and may endanger the health of the occupants; or
• it is not permanent accommodation and the local authority has a duty to provide permanent accommodation. Permanent accommodation includes accommodation owned by him or her or in which he or she is a tenant with a Scottish secure tenancy or assured tenancy that is not a short assured tenancy. It also includes a short Scottish secure tenancy where such a tenancy has resulted from anti-social behaviour^[6].

5.2 Part II of the 1987 Act also defines 'persons threatened with homelessness'. A person is threatened with homelessness if it is likely that he or she will become homeless within two months.