Accommodation is regarded as available for a person’s occupation only if it is available for occupation by him together with: any other person who normally resides with him/her as a member of his/her family, or any other person who might reasonably be expected to reside with him/her. (s.176) to continue to occupy’ ‘Reasonable A person will not be treated as having accommodation unless it is accommodation which it would be reasonable for him/her to continue to occupy: s.175(3). In deciding whether it is reasonable for a person to continue to occupy accommodation, a local authority may have regard to the circumstances “general prevailing in relation to housing” within its area: s.177(2). Relevant factors In assessing reasonableness, authorities should consider all the circumstances, particularly the following factors (Code of Guidance, para 6.26): affordability physical conditions overcrowding type of accommodation Risk of violence It is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to domestic violence or violence against her/him, or against a member of their household. a person who normally resides with her/him as a member of her/his family, or any other person who might reasonably be expected to reside with her/him. (s.177(1)) means violence from another person or threats of violence from such a “Violence” person which are likely to be carried out. Violence is not limited to physical assault; it may take the form of emotional, psychological and/or financial abuse: Yemshaw v LB Hounslow [2011] UKSC 3.
Accommodation is regarded as available for a person’s occupation only if it is available for occupation by him together with: any other person who normally resides with him/her as a member of his/her family, or any other person who might reasonably be expected to reside with him/her. (s.176) ‘Reasonable to continue to occupy’ A person will not be treated as having accommodation unless it is accommodation which it would be reasonable for him/her to continue to occupy: s.175(3). In deciding whether it is reasonable for a person to continue to occupy accommodation, a local authority may have regard to the “general circumstances prevailing in relation to housing” within its area: s.177(2). Relevant factors In assessing reasonableness, authorities should consider all the circumstances, particularly the following factors (Code of Guidance, para 6.26): affordability physical conditions overcrowding type of accommodation Risk of violence It is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to domestic violence or violence against her/him, or against a member of their household. a person who normally resides with her/him as a member of her/his family, or any other person who might reasonably be expected to reside with her/him. (s.177(1)) “Violence” means violence from another person or threats of violence from such a person which are likely to be carried out. Violence is not limited to physical assault; it may take the form of emotional, psychological and/or financial abuse: Yemshaw v LB Hounslow [2011] UKSC 3.