Housing (Wales) Act 2014

82 Duties to applicant whose case is considered for referral or referred

(1) Where a local housing authority notifies an applicant in accordance with section 84 that it intends to notify or has notified another local housing authority in Wales or England of its opinion that the conditions are met for the referral of the applicant’s case to that other authority—

(a) it ceases to be subject to any duty under section 68 ( interim duty to secure accommodation for homeless applicants in priority need), andd

(b) it is not subject to any duty under section 73 ( duty to help to secure accommodation for homeless applicants);

but it must secure that suitable accommodation is available for occupation by the applicant until the applicant is notified of the decision whether the conditions for referral of the case are met.

(2) When it has been decided whether the conditions for referral are met, the notifying authority must notify the applicant in accordance with section 84.

(3) If it is decided that the conditions for referral are not met, the notifying authority is subject to the duty under section 73 (duty to help to secure accommodation for homeless applicants).

(4) If it is decided that those conditions are met and the notified authority is an authority in Wales, the notified authority is subject to the duty under section 73 ( duty to help to secure accommodation for homeless applicants); for provision about cases where it is decided that those conditions are met and the notified authority is an authority in England, see section 201A of the Housing Act 1996 (cases referred from a local housing authority in Wales).

(5) The duty under subsection (1) ceases as provided in that subsection even if the applicant requests a review of the authority’s decision (see section 85).

(6) The authority may secure that suitable accommodation is available for the applicant’s occupation pending the decision on a review.

(7) If notice required to be given to an applicant under this section is not received by the applicant, it is to be treated as having been given if it is made available at the authority’s office for a reasonable period for collection by the applicant or on the applicant’s behalf.