Understanding Housing Duty Assessments in Wales

If you’re a renter in Wales and suddenly face eviction or homelessness, it’s important to know your rights and the support available. One key process to be aware of is the Housing Duty Assessment. This official assessment is the first step councils use to determine what help you’re entitled to if you’re homeless or at risk of becoming homeless. Here’s what you need to know as a renter in Wales.

What is a Housing Duty Assessment?

The Housing Duty Assessment is a legal process carried out by your local council when you approach them as homeless or threatened with homelessness. Its main purpose is to decide whether the council must help you, and what type of support you should receive under the Housing (Wales) Act 2014^[1].

• Homeless: You have nowhere reasonable to live now.
• Threatened with homelessness: You risk losing your home within 56 days.

If you contact your local council for help, they must carry out this assessment and let you know in writing what help you qualify for.

How Does the Assessment Work?

The council will look at your situation by asking questions about:

• Your current living arrangements
• Why you’re at risk of homelessness
• Your household’s needs (including health, children, or disabilities)
• Your immigration status and eligibility for support

This is usually done in person or over the phone with a housing officer from your local council. They may ask for documents like proof of identity, tenancy agreements, or eviction notices.

What Happens After the Assessment?

After gathering information, the council will confirm whether they owe you a 'duty'—which can include support to prevent homelessness, help you secure a new home, or provide temporary emergency accommodation if you are in immediate need.

Tip: Councils must provide this assessment and information in writing. If you do not receive a letter outlining their decision, request one for your records.

Key Forms & Documents for Renters

• Homeless Application Form (varies by council): Used to start the homelessness assessment. This form is available from your local council’s website. Complete this form if you believe you’re homeless or about to be homeless.
• Personal Housing Plan (PHP): Created after your assessment. This outlines the steps you and the council will take to resolve your housing problem. You’ll receive a written copy after your assessment. No national form number applies—ask your council for theirs.

For a practical example, if your landlord serves you an eviction notice, complete your council’s Homeless Application Form as soon as possible. The council will then use this to begin your Housing Duty Assessment and help prevent you from becoming homeless.

Your Rights During Assessment

• You have the right to make a homeless application to any council in Wales.
• Councils must assess everyone who applies.
• You’re entitled to written decisions and reasons if the council decides against helping you.
• You can ask for a review if you disagree with a council’s decision.

Decisions about your case must follow the Housing (Wales) Act 2014 and are overseen by the Residential Property Tribunal Wales, which handles disputes related to housing in Wales.

Can You Challenge the Council’s Decision?

If you think the council’s decision is wrong—for instance, if they say you’re not homeless or not eligible for help—you have the right to request a review. You usually have 21 days from getting your decision letter to ask for this.

• Write to your council, stating that you want your decision reviewed.
• Include any supporting evidence (e.g., eviction notice, correspondence with your landlord).
• If you’re unhappy after the review, you may be able to appeal to the county court.

FAQ: Housing Duty Assessment in Wales

1. What information do I need for the Housing Duty Assessment? You’ll need proof of your identity, any tenancy agreements, eviction notices, and details about all household members. Your council may ask for extra evidence, like bank statements or medical information, to understand your situation fully.
2. How quickly will the council carry out the assessment? Councils must assess your needs as soon as possible, especially if you’re already homeless. Most respond within a few days to a week, but always follow up if you don’t hear back promptly.
3. What can I do if my council refuses to help after the assessment? You have the right to ask for a review of the decision within 21 days. Make your request in writing and provide new evidence if possible. You can also seek advice from Shelter Cymru or Citizens Advice Wales.
4. Do I need to pay for the Housing Duty Assessment or emergency accommodation? The assessment is free. If you qualify for emergency accommodation, the council may charge rent based on your income, but you won’t be charged just for having your situation assessed.
5. Who can help me fill in the homeless application forms? Council housing officers can assist, or you can get free help from national services like Shelter Cymru or Citizens Advice Wales.

Conclusion: Key Things to Remember

• The Housing Duty Assessment decides what help you get if you’re at risk of homelessness in Wales.
• Always provide clear, honest information and ask for all council decisions in writing.
• You have the right to challenge council decisions and seek help from independent advice services.

Need Help? Resources for Renters

• Find your local Welsh council to make a homelessness application
• Shelter Cymru: Free housing advice
• Citizens Advice Wales: Housing support
• Residential Property Tribunal Wales for information on housing disputes
• Official legislation: Housing (Wales) Act 2014

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1. Housing (Wales) Act 2014

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