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Homelessness charity Crisis has drafted proposed emergency legislation that it believes will protect people from homelessness during the COVID-19 crisis.
The legislation, which was drafted by Garden Court Chambers on behalf of the charity, would introduce a new duty on councils to provide emergency accommodation for all homeless people over the next 12 months.
Currently councils have a duty to provide accommodation only if an individual meets certain criteria, for example if they are considered to be in ‘priority need’.
Other proposed legislative changes include temporarily lifting the benefit cap, alongside the no recourse to public fund (NRPF) restrictions imposed on individuals because of their immigration status, for one year.
Amendments to eviction legislation are also being proposed so that judges are given greater discretion to decide whether a person who has suffered hardship as a result of the pandemic should be evicted.
These changes broadly echo those proposed by the Housing, Communities and Local Government Committee, which would see judges given more power when a landlord is pursuing a Section 21 ‘no-fault’ eviction or using Ground 8 of Section 8, which is used when a tenant is in arrears.
The legislation was presented at Crisis’ virtual parliamentary reception earlier this week, which launched its Homes for All campaign.
Almost 15,000 homeless people have been placed in emergency accommodation during the coronavirus pandemic, although Crisis said that these people are at risk of returning to the streets if the current legal barriers remain in place.
Councils have particularly expressed fears that rules around NRPF will prevent them from finding permanent solutions for those who have been helped temporarily during the pandemic.
In May, it was estimated that roughly a quarter of the rough sleepers who have been housed in hotels in London have NRPF, meaning they are unable to access Universal Credit or homelessness assistance.
Jon Sparkes, chief executive of Crisis, said: “The past few months have seen a phenomenal effort from the government, local councils and homelessness charities to help people off the streets and ensure they have been protected during this pandemic.
“We know that when given a place to temporarily call their own, many people have been able to thrive, receiving the support they need and getting closer to ending their homelessness for good.
“The government has made tremendous strides towards their aim of ending rough sleeping across England for good. It would be a crying shame if after all this hard work we see people forced into homelessness in the coming months because of arbitrary legal barriers.
“Emergency homelessness legislation is essential to protect people from destitution in this ongoing health emergency.
“With so many people already experiencing homelessness, and the economic pressure of the pandemic sure to push many more to the brink, now is the time for us to do all we can to end homelessness for good.”
A Ministry for Housing, Communities and Local Government spokesperson said: “Our rough sleeping taskforce has one overriding objective - to ensure as many people as possible who have been brought in off the streets in this pandemic do not return to sleeping rough.
“That’s why we’ve ensured councils across England can support vulnerable rough sleepers from EEA countries. Councils are also able to provide emergency accommodation for other foreign nationals where they are in the UK lawfully.
“The £105 million announced last week will mean councils are able to continue to provide safe accommodation for these and other vulnerable rough sleepers, help break the cycle of homelessness, and continue our work to end rough sleeping for good.”