DLUHC opens consultation on consequential amendments to council homelessness prevention duties due to scrapping of s.21 notices, assured shorthold tenancies and fixed term tenancies in rental reform bill

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The consultation also covers the Private Rented Sector Offer process carried out by local authorities which will become irrelevant once assured shorthold tenancies and fixed term tenancies as well as s.21 notices are abolished.

The consultation runs from 7th December 2022 to 25th January 2023 and, whilst open to "everyone" to submit responses, it is "expected to be of particular interest to local authorities or any organisations involved in homelessness assessments and decisions and third sector organisations with an interest in homelessness".

DLUHC says the consultation is necessary because some consequences of private rented sector legislative reforms will require amendments to current homelessness legislation in Part 7 of the Housing Act 1996.

With regard to the private rented sector offer (PRSO), currently, if a person who has approached a local authority for homelessness assistance accepts an offer of accommodation in the private rented sector it is accepted that the current PRS tenure system means that that person could be threatened with homelessness under a s.21 no fault notice within 2 years of accepting the offer of that PRS accommodation and need to reapply for homelessness assistance. However, once security of PRS tenure is improved under the new rental reform proposals, this reapplication issue will (should??) become irrelevant.

The consultation information and instructions for submitting responses can be accessed here.

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