Part VII Homelessness

Duties to persons found to be homeless or threatened with homelessness

195 Duties in case of threatened homelessness.

(1)

This section applies where the local housing authority are satisfied that an applicant is threatened with homelessness and is eligible for assistance.

(2)

If the authority—

(a)

are satisfied that he has a priority need, and

(b)

are not satisfied that he became threatened with homelessness intentionally,

they shall take reasonable steps to secure that accommodation does not cease to be available for his occupation.

F1...

(3)

Subsection (2) does not affect any right of the authority, whether by virtue of a contract, enactment or rule of law, to secure vacant possession of any accommodation.

F2(3A)

F3The authority shall, on becoming subject to the duty under this section F4in a case which is not a restricted threatened homelessness case , give the applicant a copy of the statement included in their allocation scheme by virtue of section 167(1A) (policy on offering choice to people allocated housing accommodation under Part 6).

(4)

Where F5, in a case which is not a restricted threatened homelessness case, in pursuance of the duty under subsection (2) the authority secure that accommodation other than that occupied by the applicant when he made his application is available for occupation by him, the provisions of section 193(3) to (9) (period for which duty owed) and section 194 (power exercisable after minimum period of duty) apply, with any necessary modifications, in relation to the duty under this section as they apply in relation to the duty under section 193 F6in a case which is not a restricted case (within the meaning of that section) .

F7(4A)

Where, in a restricted threatened homelessness case, in pursuance of the duty under subsection (2) the authority secure that accommodation other than that occupied by the applicant when he made his application is available for occupation by him, the provisions of section 193(3) to (9) (period for which duty owed) apply, with any necessary modifications, in relation to the duty under this section as they apply in relation to the duty under section 193 in a restricted case (within the meaning of that section).

(4B)

In subsections F8(3A) to F8(4) and (4A) “a restricted threatened homelessness case” means a case where the local housing authority would not be satisfied as mentioned in subsection (1) without having had regard to a restricted person.

(5)

If the authority—

(a)

are not satisfied that the applicant has a priority need, or

(b)

are satisfied that he has a priority need but are also satisfied that he became threatened with homelessness intentionally,

they shall F9provide him with (or secure that he is provided with) advice and assistance in any attempts he may make to secure that accommodation does not cease to be available for his occupation.

F10(6)

The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (5).

F10(7)

The advice and assistance provided under subsection (5) must include information about the likely availability in the authority’s district of types of accommodation appropriate to the applicant’s housing needs (including, in particular, the location and sources of such types of accommodation).

F11(8)

If the authority decide that they owe the applicant the duty under subsection (5) by virtue of paragraph (b) of that subsection, they may, pending a decision on a review of that decision—

(a)

secure that accommodation does not cease to be available for his occupation; and

(b)

if he becomes homeless, secure that accommodation is so available.

F12(9)

If the authority—

(a)

are not satisfied that the applicant has a priority need; and

(b)

are not satisfied that he became threatened with homelessness intentionally,

the authority may take reasonable steps to secure that accommodation does not cease to be available for the applicant’s occupation.