What is the difference between a Section 8 and Section 21 eviction notice?

A Section 8 notice is used when a tenant breaches their tenancy agreement, such as by not paying rent or causing anti-social behaviour. It requires the landlord to specify the grounds for eviction and can lead to a court hearing. A Section 21 notice, on the other hand, is a 'no-fault' eviction that allows a landlord to regain possession after the fixed term ends without giving a reason, provided they follow correct procedures, such as protecting the deposit and providing an Energy Performance Certificate.

What does the Homelessness Reduction Act 2017 require local authorities to do?

The Homelessness Reduction Act 2017 places a duty on local authorities in England to intervene earlier to prevent homelessness. It requires them to provide free advice and information to anyone at risk of homelessness, and to take reasonable steps to prevent homelessness for eligible applicants. If homelessness cannot be prevented, the authority must take reasonable steps to relieve it by helping the applicant secure accommodation for at least six months. The Act also introduced the 'duty to refer,' requiring public services like the NHS and Jobcentres to refer individuals they believe are homeless or at risk to the local authority.

How do housing associations differ from local authority housing?

Housing associations are independent, not-for-profit organisations that provide affordable housing, while local authority housing (council housing) is owned and managed by the local council. Both offer social housing at below-market rents, but housing associations are regulated by the Regulator of Social Housing and have more flexibility in setting rents and allocating properties. Council housing is subject to local authority policies and is often allocated through a waiting list based on need. In recent years, many councils have transferred their housing stock to housing associations, but both still play a key role in providing affordable homes.

What is a 'priority need' for homelessness assistance?

Priority need is a legal term used to determine which homeless applicants the local authority has a duty to house. Groups with priority need include pregnant women, families with dependent children, victims of domestic abuse, care leavers, and those who are homeless due to an emergency like a fire or flood. Single, healthy adults without dependents are generally not considered in priority need unless they are vulnerable for other reasons, such as mental health issues or being a former member of the armed forces. The local authority must assess each case individually.

Can a landlord increase the rent during a fixed-term tenancy?

Generally, a landlord cannot increase the rent during a fixed-term tenancy unless the tenancy agreement includes a rent review clause that specifies how and when the rent can be increased. If there is no such clause, the rent remains the same until the fixed term ends. At that point, if the tenancy becomes periodic (e.g., month-to-month), the landlord can increase the rent by serving a formal notice (usually a Section 13 notice for assured shorthold tenancies) proposing a new rent, which the tenant can challenge at a tribunal if it is unreasonable.

What is the 'duty to refer' under the Homelessness Reduction Act?

The 'duty to refer' is a legal requirement introduced by the Homelessness Reduction Act 2017 for specified public authorities in England. These authorities, including the NHS, Jobcentres, prisons, and social services, must notify the local housing authority if they come into contact with someone they believe is homeless or at risk of homelessness within 56 days. The referral must be made with the individual's consent, and the housing authority then has a duty to provide advice and assistance. This aims to identify homelessness earlier and ensure people get the help they need.

Housing provision and housing organisations

CHARTERED INSTITUTE OF HOUSING

vocational

This element explores the structure of housing provision, including tenure types and market trends, equipping learners to analyse how different forms of housing meet diverse needs. It examines the legal and practical relationship between landlords and tenants, the collaborative networks housing organisations use to deliver services, and the regulatory and funding mechanisms that underpin the sector, preparing learners for roles in housing practice.

Learning Outcomes

Assessment Guidance

Key Skills

Key Terms

Assessment Criteria

Assessment criteria

CIH Level 2 Certificate in Housing Practice

CIH Level 2 Award In Involvement in Housing and Communities

Topic Overview

The CIH Level 2 Certificate in Housing Practice provides a foundational understanding of the housing sector in the UK. It covers the key principles of housing policy, the roles of different housing providers (such as local authorities, housing associations, and private landlords), and the legal frameworks that govern tenancies and homelessness. This qualification is essential for anyone starting a career in housing, as it equips students with the knowledge to support tenants, understand their rights, and navigate the complexities of housing management.

This topic is part of the wider Public Services curriculum because housing is a fundamental public service that impacts health, education, and social stability. By studying housing practice, students learn how housing policies address issues like affordability, homelessness, and community regeneration. The course also explores how housing professionals work alongside other public services, such as social care and the NHS, to provide holistic support to vulnerable individuals and families.

Mastering this certificate prepares students for roles such as housing officer, tenancy support worker, or homelessness caseworker. It also lays the groundwork for further study, such as the CIH Level 3 Certificate in Housing Practice, and helps students understand the real-world application of housing law and policy in England, Wales, Scotland, or Northern Ireland.

Key Concepts

Core ideas you must understand for this topic

→Tenure types: Understand the differences between social housing (council and housing association), private rented sector, owner-occupation, and supported housing, including the rights and responsibilities associated with each.
→Housing law: Key legislation includes the Housing Act 1996, Homelessness Reduction Act 2017, and the Equality Act 2010. Students must know how these laws protect tenants and define landlord obligations.
→Housing allocations and homelessness: Learn how local authorities manage housing registers, allocate social housing, and fulfil their duties to prevent and relieve homelessness under the Homelessness Reduction Act.
→Tenancy management: This covers the lifecycle of a tenancy, from sign-up and rent collection to repairs, anti-social behaviour, and eviction processes, including possession proceedings under the Housing Act 1988.

Learning Objectives

What you need to know and understand

Explain the main types of housing tenure and their characteristics within the current housing market
Analyse the legal rights and responsibilities of landlords and tenants in tenancy agreements
Evaluate the role of partnerships and collaborative working in delivering effective housing services
Assess the impact of regulatory bodies and funding streams on housing organisations
Interpret statistical data on housing trends to forecast future provision needs
Compare the service delivery models of different housing organisations
Understand different types of housing provision., Know about the relationship between landlord and tenant., Know about the range of services housing organisations provide., Know how housing organisations are regulated and funded.

Assessment Criteria

Key criteria assessors look for in your portfolio

Award credit for accurately defining at least three types of housing tenure (e.g., owner-occupied, private rented, social rented) with contemporary examples
Look for evidence of applying relevant legislation (e.g., Landlord and Tenant Act) to scenario-based questions
Expect identification and evaluation of at least two specific partnership arrangements, such as between housing associations and local authorities
Credit demonstration of understanding the roles of key regulators (e.g., Regulator of Social Housing) and funding sources (e.g., Homes England grants)
Marks for linking housing market trends (e.g., affordability, supply) to practical housing provision challenges
Award credit for demonstrating a clear understanding of the differences between social rented housing, private rented housing, and intermediate tenures, with relevant examples.
Credit given for explaining the key rights and responsibilities of both landlords and tenants, referencing legislation such as the Landlord and Tenant Act 1985.
Look for evidence of knowledge of core housing services, such as repairs and maintenance, tenancy management, and allocations.
Assessors should expect candidates to identify key regulatory bodies (e.g., Regulator of Social Housing) and outline typical funding sources (e.g., government grants, rental income).

Assessment Guidance

Guidance for achieving higher grades

💡Use real-world case studies to illustrate partnership working, such as a local homelessness strategy involving multiple agencies
💡Always reference current legislation and regulatory standards by name, showing awareness of the evolving legal landscape
💡When analysing market trends, support your points with recent data or reports from reputable sources like the ONS or Shelter
💡In assignment answers, clearly distinguish between funding sources (e.g., capital grants vs. revenue funding) and their intended purposes
💡When answering questions, always relate your knowledge to real-world examples of housing providers in your local area.
💡Use key terms accurately (e.g., ‘secure tenancy’, ‘assured tenancy’) to demonstrate understanding.
💡For assessment tasks that require explaining services, structure your response around the tenant lifecycle (e.g., from application to moving out).
💡Research a specific housing association’s annual report to illustrate funding and regulation points effectively.
💡Use specific case law or statutory examples to support your answers. For instance, when discussing homelessness, refer to the Homelessness Reduction Act 2017 and the 'duty to refer' for public authorities. This shows depth of knowledge.
💡Structure your answers using the 'PEEL' method: Point, Evidence, Explanation, Link. For example, state a point about tenancy rights, cite the relevant legislation, explain how it applies, and link back to the question.
💡Pay attention to the wording of the question. If it asks for 'advantages and disadvantages,' ensure you balance both sides. For 'explain' questions, provide reasons and mechanisms, not just descriptions.

Common Mistakes

Common errors to avoid in your coursework

Confusing the characteristics of different tenures, particularly shared ownership and leasehold
Omitting key tenant rights, such as the right to repair or protection from eviction
Assuming all housing organisations are regulated in the same way, failing to distinguish between private and social sectors
Overlooking the financial dependencies of partnerships, treating collaboration as simple cooperation rather than strategic alignment
Describing trends without linking them to actual housing practice or policy implications
Confusing housing tenure types, such as assuming all affordable housing is social rent.
Overlooking the legal protections for tenants in private rented accommodation, focusing only on social housing.
Failing to distinguish between the roles of different housing organisations (e.g., housing association vs. local authority).
Misunderstanding the funding mix, for example, thinking social housing is entirely state-funded.
Misconception: 'Housing associations are private companies.' Correction: Housing associations are not-for-profit organisations that provide affordable housing. They are regulated by bodies like the Regulator of Social Housing and must reinvest surpluses into their housing stock.
Misconception: 'The council has to house anyone who is homeless.' Correction: The council's duty depends on eligibility, priority need, and intentional homelessness. For example, a single, healthy person who is homeless due to rent arrears may not be in priority need and may only receive advice and assistance.
Misconception: 'A tenant can be evicted immediately for not paying rent.' Correction: Landlords must follow strict legal procedures, including serving a valid notice (e.g., Section 8 or Section 21) and obtaining a court possession order. Illegal eviction is a criminal offence.

Frequently Asked Questions

Common questions students ask about this topic

Before You Start

Prior knowledge that will help with this topic

•Basic understanding of the UK public sector and the role of local government.
•Familiarity with key terms like 'tenancy,' 'lease,' and 'social housing' from GCSE Citizenship or similar studies.

Key Terminology

Essential terms to know

Housing tenure diversity
Landlord-tenant legal framework
Multi-agency partnerships
Regulatory compliance
Funding models in housing
Market trend analysis
Understand different types of housing provision., Know about the relationship between landlord and tenant., Know about the range of services housing organisations provide., Know how housing organisations are regulated and funded.

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Housing provision and housing organisations

Assessment criteria

Topic Overview

Key Concepts

Learning Objectives

Assessment Criteria

Assessment Guidance

Common Mistakes

Frequently Asked Questions

Before You Start

Key Terminology

Ready to learn?

Related Topics in CHARTERED INSTITUTE OF HOUSING vocational Public Services

Law, policy and regulation for repairs and maintenance

Building relationships with and advocating for people who are rough sleeping

Context of homelessness and homelessness services

Customer focus in housing

Topic Synopsis

Key Concepts & Core Principles

Exam Tips & Revision Strategies

Common Misconceptions & Mistakes to Avoid

Examiner Marking Points

Housing provision and housing organisations

Assessment criteria

Topic Overview

Key Concepts

Learning Objectives

Assessment Criteria

Assessment Guidance

Common Mistakes

Frequently Asked Questions

What is the difference between a Section 8 and Section 21 eviction notice?

What does the Homelessness Reduction Act 2017 require local authorities to do?

How do housing associations differ from local authority housing?

What is a 'priority need' for homelessness assistance?

Can a landlord increase the rent during a fixed-term tenancy?

What is the 'duty to refer' under the Homelessness Reduction Act?

Before You Start

Key Terminology

Ready to learn?

Related Topics in CHARTERED INSTITUTE OF HOUSING vocational Public Services

Law, policy and regulation for repairs and maintenance

Building relationships with and advocating for people who are rough sleeping

Context of homelessness and homelessness services

Customer focus in housing