Homelessness and social housing allocation rules require that a person is resident in that area in order to qualify for assistance. To be resident, a person must also be either living in the local area for at least two years or have a local connection.
Local authorities have the discretion to set their own local connection rules within the framework of the Housing Act. A local connection can be established for various reasons, such as if the person:
Local connection rules do not apply to care leavers and therefore they can seek assistance from any local authority.
When a person presents as homeless and is seeking assistance from the local authority but is assessed as having no local connection to the area, the local authority can refer the person to another local housing authority if they have a local connection to that area and the person is not at risk of domestic abuse in that area.
A local authority may discharge its housing duty by offering accommodation out of area, regardless of a person having a local connection to the area. An out of area accommodation offer can be made in certain circumstances, such as where there is no available suitable accommodation in the person’s location, and it is assessed that this would not cause significant disruption to the person or any household member’s work, education, medical care, or any support which they receive in that location. The length of time a person has been in the UK may also affect the circumstances when an offer of out of area accommodation can be made. See chapter 17 on suitability of accommodation in the government guidance.
