Part VII E+W Homelessness[F1 : England]

Textual Amendments

F1 Words in Pt. VII title inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 4; S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

Modifications etc. (not altering text)

C1 Pt. VII (ss. 175-218) modified (20.1.1997) by S.I. 1996/3205, art. 3, Sch.2

Pt. VII (ss. 175-218) applied (with modifications) (temp.) (6.12.1999) by S.I. 1999/3126, arts.2, 7

Pt. VII (ss. 175-218): power to apply (with modifications) (transitional provision) (11.11.1999) by 1999 c. 33, s. 169(2), Sch. 15 para. 13

Duties to persons found to be homeless or threatened with homelessness E+W

[F2 193CNotice under section 193B: consequences E+W

(1) In the circumstances mentioned in section 193B(1), this section applies in relation to a local housing authority and an applicant.

(2) The authority's duty to the applicant under section 189B(2) or 195(2) comes to an end.

(3) Subsection (4) applies if the authority—

(a) are satisfied that the applicant is homeless, eligible for assistance and has a priority need, and

(b) are not satisfied that the applicant became homeless intentionally.

(4) Section 193 (the main housing duty) does not apply, but the authority must secure that accommodation is available for occupation by the applicant.

(5) The authority cease to be subject to the duty under subsection (4) if the applicant—

(a) ceases to be eligible for assistance,

(b) becomes homeless intentionally from accommodation made available for the applicant's occupation,

(c) accepts an offer of an assured tenancy from a private landlord, or

(d) otherwise voluntarily ceases to occupy, as the applicant's only or principal home, the accommodation made available for the applicant's occupation.

(6) The authority also cease to be subject to the duty under subsection (4) if the applicant, having been informed of the possible consequences of refusal or acceptance and of the applicant's right to request a review of the suitability of the accommodation, refuses or accepts—

(a) a final accommodation offer, or

(b) a final Part 6 offer.

(7) An offer is “a final accommodation offer” if—

(a) it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,

(b) it is made, with the approval of the authority, in pursuance of arrangements made by the authority with a view to bringing the authority's duty under subsection (4) to an end, and

(c) the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least 6 months.

(8) A “final Part 6 offer” is an offer of accommodation under Part 6 (allocation of housing) that is made in writing and states that it is a final offer for the purposes of this section.

(9) The authority may not approve a final accommodation offer, or make a final Part 6 offer, unless they are satisfied that the accommodation is suitable for the applicant and that subsection (10) does not apply.

(10) This subsection applies to an applicant if—

(a) the applicant is under contractual or other obligations in respect of the applicant's existing accommodation, and

(b) the applicant is not able to bring those obligations to an end before being required to take up the offer.]

Textual Amendments

F2 Ss. 193A-193C inserted (12.2.2018 for specified purposes, 3.4.2018 in so far as not already in force) by Homelessness Reduction Act 2017 (c. 13), ss. 7(1), 13(3); S.I. 2018/167, regs. 2(a), 3(g)