About homelessness
Legal Definition of Homelessness

The legal definition of homelessness for England and Wales can be found in the 1996 Housing Act.^[1] A person is homeless if:

• There is no accommodation that they are entitled to occupy; or
• They have accommodation but it is not reasonable for them to continue to occupy this accommodation.^[2]

The legal definition of homelessness is pitched in terms of a person's entitlement or right to a home, rather than the particular circumstances in which they are living. It follows that the definition is not restricted to a list of various situations in which people could be living, such as rough sleeping or living in a hostel. Neither is it restricted to people who have in some way identified themselves as homeless by seeking help from a local authority or a homelessness agency, nor to those whom local authorities have recognised as homeless. Therefore, no particular category of homelessness is automatically excluded by the legal definition.

Instead, the relevant factor is the interpretation of the conditions that define homelessness.^[2] Some of these conditions, such as having a caravan but nowhere to park it, are straightforward, but others are more complex and harder to identify. One of these is the condition of having a ‘licence to occupy' - an adult living in their parents' home may enjoy such a licence. However, if relations within the home gradually deteriorate, the licence could disappear. Sometimes this disappearance will be clear-cut, but in many cases it will not; for example, should a young woman who is living with her parents where the parents are no longer willing to accommodate her but have not actually forced them to leave yet, be considered legally homeless?

Ambiguity also surrounds the condition that the accommodation a person occupies must be ‘reasonable to continue to occupy'. This is clearly something which is a matter of judgement rather than fact - for example, should an man who is living with his parents or friends but without his own bedroom due to overcrowding be considered to be legally homeless? In Scotland, legislation is more explicit - a person is considered to be legally homeless if the accommodation is overcrowded and may endanger the health of the occupants. But in England and Wales the legal definition is more vague, simply stating that a person is considered to be legally homeless if it is not reasonable for them to continue to occupy the accommodation.

In summary, the legal definition of homelessness is constructed in broad terms, with the two most important conditions, namely "reasonable to occupy" and "licence to occupy", both being inherently subjective and therefore matters of judgement. But any difference in judgement over interpretation is not the same as a difference of opinion over definition and the legal definition is generally accepted in the homelessness sector.

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End notes

[1] There are slight differences in the definition in Scotland; see the 2001 Housing (Scotland) Act.

[2] Compare with wording in the 1996 Housing Act: A person is homeless if there is no accommodation they are entitled to occupy. Entitlement means having:

• either an interest in it (i.e. they are the owner or the tenant); or
• an express or implied licence to occupy (in Scotland, a right or permission, or an implied right or permission to occupy); or
• some other enactment or rule of law giving the right to remain in occupation or restricting the right of another person to recover possession.

A person is also considered to be legally homeless if they have accommodation but:

• they cannot secure entry to it; or
• (in the case of, for example, a caravan) they have nowhere they are entitled both to place it and live in it; or
• (in Scotland and Northern Ireland) it is probable that occupation will lead to violence, or threats of violence which are likely to be carried out; or
• (in Scotland), it is overcrowded and may endanger the health of the occupants; or
• (in England and Wales) it is not reasonable for them to continue to occupy the accommodation.

Finally, a person is also considered to be 'threatened with homelessness' if it is likely that they will become homeless within 28 days (e.g. because of eviction due to rent or mortgage arrears). In Scotland, this period was extended to 2 months in the 2001 Housing (Scotland) Act). Back to text.

Page last modified on 20/06/2008 at 16:45