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SECTION 2 - BACKGROUND
1. The Scottish Government published the discussion document ' Firm Foundations: The future of housing in Scotland' in October last year. This set out a vision for the future of housing in Scotland, consisting of four key elements:
- An increased supply of housing across all tenures, all of which is delivered on the basis of higher environmental and design standards.
- More choice of housing that those on lower incomes can afford.
- Housing developments that contribute to the creation of sustainable, mixed communities.
- Social housing that provides better value for public expenditure.
2. To help realise this vision, the Government wishes to see the private rented sector ( PRS) play a greater role in meeting local housing need. Within Firm Foundations the Scottish Government announced that they would consult on amending the Homeless Person Interim Accommodation (Scotland) Regulations 2002, 1 made under section 32A of the Housing (Scotland) Act 1987, to allow local authorities more flexibility in discharging their homelessness duties, with a view to enabling wider use of the private rented sector where this will meet the needs of homeless households.
3. A review of the private rented sector was also announced and is currently underway. This is looking in particular at the role of the sector in helping to house low income individuals and families and those who present as homeless.
4. This paper fulfils the commitment to consult on amendments to the 2002 Regulations. This consultation is informed by an internal review process carried out by Scottish Government officials in the last few months and by responses received on the proposals contained in Firm Foundations2. Broadly, respondents were supportive of plans to make greater use of the private rented sector for homeless households although concerns were raised about security of tenure, housing benefit implications and meeting the support needs of this group. The consultation is also informed by the reports of the Homelessness Monitoring Group 3 and the 2012 Homelessness Support Project 4, published in March this year.
Legislative Context
5. Generally, Scottish homelessness legislation requires that households assessed as unintentionally homeless and having a priority need for accommodation be offered permanent accommodation 5. This is defined in the legislation as accommodation which is a) secured by a Scottish Secure Tenancy; b) secured by an assured tenancy that is not a short assured tenancy; or c) secured by a short Scottish Secure Tenancy (only where there is a history of anti-social behaviour). 6
6. However, section 32A of the Housing (Scotland) Act 1987, as inserted by section 3 of the Housing (Scotland) Act 2001, gives Scottish Ministers the power to prescribe circumstances in which 'permanent' accommodation need not be provided to unintentionally homeless households assessed as having a priority need.
7. The 2002 Regulations contain the circumstances as currently prescribed. These are set out at Annex A. As currently construed, the Regulations can only be invoked in a tightly defined set of circumstances. The internal review process found that current usage was limited and the Regulations not widely known or understood. It is thought that the policy intention behind the Regulations remains valid and that greater use could be encouraged through development of guidance and raising of awareness. Accordingly, this paper presents proposals to revise the language used in the 2002 Regulations to clarify the policy intention and the anticipated outcomes for homeless households, and to develop practice guidance.
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