Consultation closing soon: bed and breakfast accommodation used for homelessness purposes in Wales

Currently in Wales, local authorities and registered social landlords classed as ‘community landlords’ under the Renting Homes (Wales) Act 2016 (‘2016 Act’) are issuing secure contracts. However, for private landlords the default arrangement is the standard contract which can be periodic or fixed term. Special arrangements apply in relation to accommodation provided in pursuance of a local authority meeting its homelessness housing duties.

In brief, in such cases where a local authority provides temporary bed and breakfast accommodation, it is initially provided without any security of tenure but will become an occupation contract 12 months after the day on which the authority notifies the occupier of the outcome of its inquiries and assessment of housing needs (under section 62 or 80 of the Housing (Wales) Act 2014).

Now, with the current shortage of temporary accommodation, along with the impact Covid 19 has had, B&Bs are being used more widely for longer periods.

As a result of this, there were concerns raised by the Welsh Government that providers may withdraw from the homeless temporary accommodation market due to the risk that an occupier could acquire security of tenure. Consequently, they are proposing to amend Schedule 2 of the 2016 Act so that B&B accommodation provided by a private provider under arrangements made with a local authority would not result in an occupation contract arising regardless of the length of their occupation. 

This consultation is due to close soon and if you are interested in putting your views forward, do follow link here by 15 September 2023.