Housing (Homeless Persons) Act 1977 (c. 48)

(1) A person is homeless for the purposes of this Act if he has no accommodation, and a person is to be treated as having no accommodation for those purposes if there is no accommodation— (a) which he, together with any other person who normally resides with him as a member of his family or in circumstances in which the housing authority consider it reasonable for that person to reside with him— (i) is entitled to occupy by virtue of an interest in it or of an order of a court, or (ii) has, in England or Wales, an express or implied licence to occupy, or (iii) has, in Scotland, a right or permission, or an implied right or permission to occupy, or (b) which he (together with any such person) is occupying as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of it. (2) A person is also homeless for the purposes of this Act if he has accommodation but— (a) he cannot secure entry to it, or (b) it is probable that occupation of it will lead to violence from some other person residing in it or to threats of violence from some other person residing in it and likely to carry out the threats, or (c) it consists of a movable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted both to place it and to reside in it. (3) For the purposes of this Act a person is threatened with homelessness if it is likely that he will become homeless within 28 days.

(1) For the purposes of this Act a homeless person or a person threatened with homelessness has a priority need for accommodation when the housing authority are satisfied that he is within one of the following categories:— (a) he has dependent children who are residing with him or who might reasonably be expected to reside with him; (b) he is homeless or threatened with homelessness as a result of any emergency such as flood, fire or any other disaster; (c) he or any person who resides or might reasonably be expected to reside with him is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason. (2) For the purposes of this Act a homeless person or a person threatened with homelessness who is a pregnant woman or resides or might reasonably be expected to reside with a pregnant woman has a priority need for accommodation. (3) The Secretary of State may by order, made after appropriate consultations,— (a) specify further categories of persons as having a priority need for accommodation, and (b) amend or repeal any part of subsection (1) or (2) above. (4) No order under subsection (3) above shall be made unless a draft of the order has been approved by resolution of each House of Parliament. (5) Any reference in this Act to a person having a priority need is a reference to his having a priority need for accommodation within the meaning of this section or any order for the time being in force under subsection (3) above.