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Housing Act 1996

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Changes and effects

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part VIIE+W Homelessness[F1: England]

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Amendments (Textual)

F1Words 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)

C1Pt. 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

Homelessness and threatened homelessnessE+W

175 Homelessness and threatened homelessness.E+W

(1)A person is homeless if he has no accommodation available for his occupation, in the United Kingdom or elsewhere, which he—

(a)is entitled to occupy by virtue of an interest in it or by virtue of an order of a court,

(b)has an express or implied licence to occupy, or

(c)occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of another person to recover possession.

(2)A person is also homeless if he has accommodation but—

(a)he cannot secure entry to it, or

(b)it consists of a moveable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted both to place it and to reside in it.

(3)A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy.

(4)A person is threatened with homelessness if it is likely that he will become homeless within [F256] days.

[F3(5)A person is also threatened with homelessness if—

(a)a valid notice has been given to the person under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) in respect of the only accommodation the person has that is available for the person's occupation, and

(b)that notice will expire within 56 days.]

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Amendments (Textual)

176 Meaning of accommodation available for occupation.E+W

Accommodation shall be regarded as available for a person’s occupation only if it is available for occupation by him together with—

(a)any other person who normally resides with him as a member of his family, or

(b)any other person who might reasonably be expected to reside with him.

References in this Part to securing that accommodation is available for a person’s occupation shall be construed accordingly.

177 Whether it is reasonable to continue to occupy accommodation.E+W

(1)It is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to domestic violence [F4or other violence] against him, or against—

(a)a person who normally resides with him as a member of his family, or

(b)any other person who might reasonably be expected to reside with him.

[F5(1A)For this purpose “violence” means—

(a)violence from another person; or

(b)threats of violence from another person which are likely to be carried out;

and violence is “domestic violence” if it is from a person who is associated with the victim.]

(2)In determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation, regard may be had to the general circumstances prevailing in relation to housing in the district of the local housing authority to whom he has applied for accommodation or for assistance in obtaining accommodation.

(3)The Secretary of State may by order specify—

(a)other circumstances in which it is to be regarded as reasonable or not reasonable for a person to continue to occupy accommodation, and

(b)other matters to be taken into account or disregarded in determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation.

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Amendments (Textual)

F4Words in s. 177(1) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 10(1)(a) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F5S. 177(1A) substituted for the words following s. 177(1)(b) (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 10(1)(b) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Commencement Information

I1S. 177 wholly in force 20.1.1997: s. 177 not in force at Royal Assent, see s. 232(1)-(3); s. 177(3) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 177 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

178 Meaning of associated person.E+W

(1)For the purposes of this Part, a person is associated with another person if—

(a)they are or have been married to each other;

[F6(aa)they are or have been civil partners of each other;]

(b)they are cohabitants or former cohabitants;

(c)they live or have lived in the same household;

(d)they are relatives;

(e)they have agreed to marry one another (whether or not that agreement has been terminated);

[F7(ea)they have entered into a civil partnership agreement between them (whether or not that agreement has been terminated);]

(f)in relation to a child, each of them is a parent of the child or has, or has had, parental responsibility for the child.

(2)If a child has been adopted or [F8 falls within subsection (2A) ] , two persons are also associated with each other for the purposes of this Part if—

(a)one is a natural parent of the child or a parent of such a natural parent, and

(b)the other is the child or a person—

(i)who has become a parent of the child by virtue of an adoption order or who has applied for an adoption order, or

(ii)with whom the child has at any time been placed for adoption.

[F9(2A)A child falls within this subsection if—

(a)an adoption agency, within the meaning of section 2 of the Adoption and Children Act 2002, is authorised to place him for adoption under section 19 of that Act (placing children with parental consent) or he has become the subject of an order under section 21 of that Act (placement orders), or

(b)he is freed for adoption by virtue of an order made—

(i)in England and Wales, under section 18 of the Adoption Act 1976,

(ii)in Scotland, under section 18 of the Adoption (Scotland) Act 1978, or

(iii)in Northern Ireland, under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987.]

(3)In this section—

  • [F10adoption order” means an adoption order within the meaning of section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002;]

  • child” means a person under the age of 18 years;

  • [F11civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004;]

  • [F12cohabitants” means—

    (a)

    a man and a woman who, although not married to each other, are living together as husband and wife, or

    (b)

    two people of the same sex who, although not civil partners of each other, are living together as if they were civil partners;

    and “former cohabitants” shall be construed accordingly;]

  • parental responsibility” has the same meaning as in the M1Children Act 1989; and

  • “relative”, in relation to a person, means—

    (a)

    the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of that person or of that person’s [F13 spouse, civil partner, former spouse or former civil partner ] , or

    (b)

    the brother, sister, uncle, aunt, niece or nephew (whether of the full blood or of the half blood or by [F14 marriage or civil partnership ] ) of that person or of that person’s [F13 spouse, civil partner, former spouse or former civil partner ] ,

    and includes, in relation to a person who is living or has lived with another person as husband and wife, a person who would fall within paragraph (a) or (b) if the parties were married to each other.

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Amendments (Textual)

Modifications etc. (not altering text)

C2S. 178 applied (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 34(4), 115(7) (with s. 41); S.I. 2015/994, art. 11(h)

Marginal Citations

General functions in relation to homelessness or threatened homelessnessE+W

[F15179Duty of local housing authority in England to provide advisory servicesE+W

(1)Each local housing authority in England must provide or secure the provision of a service, available free of charge to any person in the authority's district, providing information and advice on—

(a)preventing homelessness,

(b)securing accommodation when homeless,

(c)the rights of persons who are homeless or threatened with homelessness, and the duties of the authority, under this Part,

(d)any help that is available from the authority or anyone else, whether under this Part or otherwise, for persons in the authority's district who are homeless or may become homeless (whether or not they are threatened with homelessness), and

(e)how to access that help.

(2)The service must be designed to meet the needs of persons in the authority's district including, in particular, the needs of—

(a)persons released from prison or youth detention accommodation,

(b)care leavers,

(c)former members of the regular armed forces,

(d)victims of domestic abuse,

(e)persons leaving hospital,

(f)persons suffering from a mental illness or impairment, and

(g)any other group that the authority identify as being at particular risk of homelessness in the authority's district.

(3)The authority may give to any person by whom the service is provided on behalf of the authority assistance by way of grant or loan.

(4)The authority may also assist any such person—

(a)by permitting the person to use premises belonging to the authority,

(b)by making available furniture or other goods, whether by way of gift, loan or otherwise, and

(c)by making available the services of staff employed by the authority.

(5)In this section—

  • care leavers” means persons who are former relevant children (within the meaning given by section 23C(1) of the Children Act 1989);

  • domestic abuse” means—

    (a)

    physical violence,

    (b)

    threatening, intimidating, coercive or controlling behaviour, or

    (c)

    emotional, financial, sexual or any other form of abuse,

    where the victim is associated with the abuser;

  • financial abuse” includes—

    (a)

    having money or other property stolen,

    (b)

    being defrauded,

    (c)

    being put under pressure in relation to money or other property, and

    (d)

    having money or other property misused;

  • hospital” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);

  • regular armed forces” means the regular forces as defined by section 374 of the Armed Forces Act 2006;

  • youth detention accommodation” means—

    (a)

    a secure children's home,

    (b)

    a secure training centre,

    (c)

    a secure college,

    (d)

    a young offender institution,

    (e)

    accommodation provided by or on behalf of a local authority for the purpose of restricting the liberty of children;

    (f)

    accommodation provided for that purpose under section 82(5) of the Children Act 1989, or

    (g)

    accommodation, or accommodation of a description, for the time being specified by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000 (youth detention accommodation for the purposes of detention and training orders).]

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Amendments (Textual)

180 Assistance for voluntary organisations.E+W

(1)The Secretary of State or a local housing authority [F16in England] may give assistance by way of grant or loan to voluntary organisations concerned with homelessness or matters relating to homelessness.

(2)A local housing authority may also assist any such organisation—

(a)by permitting them to use premises belonging to the authority,

(b)by making available furniture or other goods, whether by way of gift, loan or otherwise, and

(c)by making available the services of staff employed by the authority.

(3)A “voluntary organisation” means a body (other than a public or local authority) whose activities are not carried on for profit.

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Amendments (Textual)

181 Terms and conditions of assistance.E+W

(1)This section has effect as to the terms and conditions on which assistance is given under section 179 or 180.

(2)Assistance shall be on such terms, and subject to such conditions, as the person giving the assistance may determine.

(3)No assistance shall be given unless the person to whom it is given undertakes—

(a)to use the money, furniture or other goods or premises for a specified purpose, and

(b)to provide such information as may reasonably be required as to the manner in which the assistance is being used.

The person giving the assistance may require such information by notice in writing, which shall be complied with within 21 days beginning with the date on which the notice is served.

(4)The conditions subject to which assistance is given shall in all cases include conditions requiring the person to whom the assistance is given—

(a)to keep proper books of account and have them audited in such manner as may be specified,

(b)to keep records indicating how he has used the money, furniture or other goods or premises, and

(c)to submit the books of account and records for inspection by the person giving the assistance.

(5)If it appears to the person giving the assistance that the person to whom it was given has failed to carry out his undertaking as to the purpose for which the assistance was to be used, he shall take all reasonable steps to recover from that person an amount equal to the amount of the assistance.

(6)He must first serve on the person to whom the assistance was given a notice specifying the amount which in his opinion is recoverable and the basis on which that amount has been calculated.

182 Guidance by the Secretary of State.E+W

(1)In the exercise of their functions relating to homelessness and the prevention of homelessness, a local housing authority or social services authority [F17in England] shall have regard to such guidance as may from time to time be given by the Secretary of State.

(2)The Secretary of State may give guidance either generally or to specified descriptions of authorities.

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Amendments (Textual)

Application for assistance in case of homelessness or threatened homelessnessE+W

183 Application for assistance.E+W

(1)The following provisions of this Part apply where a person applies to a local housing authority [F18in England] for accommodation, or for assistance in obtaining accommodation, and the authority have reason to believe that he is or may be homeless or threatened with homelessness.

(2)In this Part—

  • applicant” means a person making such an application,

  • assistance under this Part” means the benefit of any function under the following provisions of this Part relating to accommodation or assistance in obtaining accommodation, and

  • eligible for assistance” means not excluded from such assistance by section 185 (persons from abroad not eligible for housing assistance) or section 186 (asylum seekers and their dependants).

(3)Nothing in this section or the following provisions of this Part affects a person’s entitlement to advice and information under section 179 (duty to provide advisory services).

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Amendments (Textual)

Modifications etc. (not altering text)

C3Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Commencement Information

I2S. 183 wholly in force 20.1.1997: s. 183 not in force at Royal Assent, see s. 232(1)-(3); s. 183(2) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 183 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

184 Inquiry into cases of homelessness or threatened homelessness.E+W

(1)If the local housing authority have reason to believe that an applicant may be homeless or threatened with homelessness, they shall make such inquiries as are necessary to satisfy themselves—

(a)whether he is eligible for assistance, and

(b)if so, whether any duty, and if so what duty, is owed to him under the following provisions of this Part.

(2)They may also make inquiries whether he has a local connection with the district of another local housing authority in England, Wales or Scotland.

(3)On completing their inquiries the authority shall notify the applicant of their decision and, so far as any issue is decided against his interests, inform him of the reasons for their decision.

[F19(3A)If the authority decide that a duty is[F20, or after the authority's duty to the applicant under section 189B(2) comes to an end would be,] owed to the applicant under section 193(2) F21... but would not have done so without having had regard to a restricted person, the notice under subsection (3) must also—

(a)inform the applicant that their decision was reached on that basis,

(b)include the name of the restricted person,

(c)explain why the person is a restricted person, and

(d)explain the effect of section 193(7AD) F22....]

(4)If the authority have notified or intend to notify another local housing authority [F23in England under section 198(A1) (referral of cases where section 189B applies)], they shall at the same time notify the applicant of that decision and inform him of the reasons for it.

(5)A notice under subsection (3) or (4) shall also inform the applicant of his right to request a review of the decision and of the time within which such a request must be made (see section 202).

(6)Notice required to be given to a person under this section shall be given in writing and, if not received by him, shall be treated as having been given to him if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

[F24(7)In this Part “a restricted person” means a person—

(a)who is not eligible for assistance under this Part,

(b)who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and

(c)either—

(i)who does not have leave to enter or remain in the United Kingdom, or

(ii)whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.]

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Amendments (Textual)

F19S. 184(3A) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 3(2); S.I. 2009/415, art. 2

F21Words in s. 184(3A) omitted (3.4.2018) by virtue of Homelessness Reduction Act 2017 (c. 13), ss. 4(3)(a), 13(3); S.I. 2018/167, reg. 3(d) (with reg. 4(1))

F22Words in s. 184(3A) omitted (3.4.2018) by virtue of Homelessness Reduction Act 2017 (c. 13), ss. 4(3)(b), 13(3); S.I. 2018/167, reg. 3(d) (with reg. 4(1))

F23Words in s. 184(4) substituted (3.4.2018) by Homelessness Reduction Act 2017 (c. 13), ss. 5(3)(b), 13(3); S.I. 2018/167, reg. 3(e) (with reg. 4(1))

F24S. 184(7) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 3(3); S.I. 2009/415, art. 2

Modifications etc. (not altering text)

C4Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Eligibility for assistanceE+W

185 Persons from abroad not eligible for housing assistance.E+W

(1)A person is not eligible for assistance under this Part if he is a person from abroad who is ineligible for housing assistance.

(2)A person who is subject to immigration control within the meaning of the M2Asylum and Immigration Act 1996 is not eligible for housing assistance unless he is of a class prescribed by regulations made by the Secretary of State.

[F25(2A)No person who is excluded from entitlement to [F26universal credit or] housing benefit by section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) shall be included in any class prescribed under subsection (2).]

(3)The Secretary of State may make provision by regulations as to other descriptions of persons who are to be treated for the purposes of this Part as persons from abroad who are ineligible for housing assistance.

(4)A person from abroad who is not eligible for housing assistance shall be disregarded in determining for the purposes of this Part whether [F27a person falling within subsection (5)]

(a)is homeless or threatened with homelessness, or

(b)has a priority need for accommodation.

[F28(5)A person falls within this subsection if the person—

(a)falls within a class prescribed by regulations made under subsection (2); but

(b)is not a national of an EEA State or Switzerland.]

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Amendments (Textual)

F25S. 185(2A) substituted (26.2.2002) by 2002 c. 7, s. 18(2), Sch. 1 para. 7(1) (with s. 20(4))

F27Words in s. 185(4) substituted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 4(2); S.I. 2009/415, art. 2

F28S. 185(5) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 4(3); S.I. 2009/415, art. 2

Modifications etc. (not altering text)

C5Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

C6S. 185 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

Commencement Information

I3S. 185 wholly in force at 20.1.1997: s. 185 not in force at Royal Assent, see s. 232(1)-(3); s. 185(2)(3) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4; s. 185 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

Marginal Citations

186 Asylum-seekers and their dependants.E+W

(1)An asylum-seeker, or a dependant of an asylum-seeker who is not by virtue of section 185 a person from abroad who is ineligible for housing assistance, is not eligible for assistance under this Part if he has any accommodation in the United Kingdom, however temporary, available for his occupation.

(2)For the purposes of this section a person who makes a claim for asylum—

(a)becomes an asylum-seeker at the time when his claim is recorded by the Secretary of State as having been made, and

(b)ceases to be an asylum-seeker at the time when his claim is recorded by the Secretary of State as having been finally determined or abandoned.

(3)For the purposes of this section a person—

(a)becomes a dependant of an asylum-seeker at the time when he is recorded by the Secretary of State as being a dependant of the asylum-seeker, and

(b)ceases to be a dependant of an asylum-seeker at the time when the person whose dependant he is ceases to be an asylum-seeker or, if it is earlier, at the time when he is recorded by the Secretary of State as ceasing to be a dependant of the asylum-seeker.

(4)In relation to an asylum-seeker, “dependant” means a person—

(a)who is his spouse or a child of his under the age of eighteen, and

(b)who has neither a right of abode in the United Kingdom nor indefinite leave under the M3Immigration Act 1971 to enter or remain in the United Kingdom.

(5)In this section a “claim for asylum” means a claim made by a person that it would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention for him to be removed from, or required to leave, the United Kingdom.

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Modifications etc. (not altering text)

C7Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

C8Savings for effects of 1999 c. 33, ss. 117(5), 169(3), 170(4), Sch. 16 (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 2 para. 2; S.I. 2015/1272 (with art. 5)

Marginal Citations

187 Provision of information by Secretary of State.E+W

(1)The Secretary of State shall, at the request of a local housing authority [F29in England], provide the authority with such information as they may require—

(a)as to whether a person is [F30a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies], or a dependant of an asylum-seeker, and

(b)to enable them to determine whether such a person is eligible for assistance under this Part under section 185 (persons from abroad not eligible for housing assistance).

(2)Where that information is given otherwise than in writing, the Secretary of State shall confirm it in writing if a written request is made to him by the authority.

(3)If it appears to the Secretary of State that any application, decision or other change of circumstances has affected the status of a person about whom information was previously provided by him to a local housing authority under this section, he shall inform the authority in writing of that fact, the reason for it and the date on which the previous information became inaccurate.

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Amendments (Textual)

F30Words in s. 187(1)(a) substituted (3.4.2000) by 1999 c. 33, s. 117(6); S.I. 2000/464, art. 2, Sch.

Modifications etc. (not altering text)

C9Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Interim duty to accommodateE+W

188 Interim duty to accommodate in case of apparent priority need.E+W

[F31(1)If the local housing authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they must secure that accommodation is available for the applicant's occupation.

(1ZA)In a case in which the local housing authority conclude their inquiries under section 184 and decide that the applicant does not have a priority need—

(a)where the authority decide that they do not owe the applicant a duty under section 189B(2), the duty under subsection (1) comes to an end when the authority notify the applicant of that decision, or

(b)otherwise, the duty under subsection (1) comes to an end upon the authority notifying the applicant of their decision that, upon the duty under section 189B(2) coming to an end, they do not owe the applicant any duty under section 190 or 193.

(1ZB)In any other case, the duty under subsection (1) comes to an end upon the later of—

(a)the duty owed to the applicant under section 189B(2) coming to an end or the authority notifying the applicant that they have decided that they do not owe the applicant a duty under that section, and

(b)the authority notifying the applicant of their decision as to what other duty (if any) they owe to the applicant under the following provisions of this Part upon the duty under section 189B(2) coming to an end.]

[F32(1A)But if the local housing authority have reason to believe that the duty under section 193(2) may apply in relation to an applicant in the circumstances referred to in section 195A(1), they shall secure that accommodation is available for the applicant's occupation [F33until the later of paragraph (a) or (b) of subsection (1ZB).] regardless of whether the applicant has a priority need.]

(2)The duty under this section arises irrespective of any possibility of the referral of the applicant’s case to another local housing authority (see sections 198 to 200).

[F34(2A)For the purposes of this section, where the applicant requests a review under section 202(1)(h) of the authority's decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer (within the meaning of section 193A), the authority's duty to the applicant under section 189B(2) is not to be taken to have come to an end under section 193A(2) until the decision on the review has been notified to the applicant.

(3)Otherwise, the duty under this section comes to an end in accordance with subsections (1ZA) to (1A), regardless of any review requested by the applicant under section 202.

But the authority may secure that accommodation is available for the applicant's occupation pending a decision on review.]

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Amendments (Textual)

F31S. 188(1)-(1ZB) substituted for s. 188(1) (3.4.2018) by Homelessness Reduction Act 2017 (c. 13), ss. 5(4)(a), 13(3); S.I. 2018/167, reg. 3(e) (with reg. 4(1))

F32S. 188(1A) inserted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 149(2), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F33Words in s. 188(1A) substituted (3.4.2018) by Homelessness Reduction Act 2017 (c. 13), ss. 5(4)(b), 13(3); S.I. 2018/167, reg. 3(e) (with reg. 4(1))

F34S. 188(2A)(3) substituted for s. 188(3) (3.4.2018) by Homelessness Reduction Act 2017 (c. 13), ss. 5(4)(c), 13(3); S.I. 2018/167, reg. 3(e) (with reg. 4(1))

Modifications etc. (not altering text)

C10Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

189 Priority need for accommodation.E+W

(1)The following have a priority need for accommodation—

(a)a pregnant woman or a person with whom she resides or might reasonably be expected to reside;

(b)a person with whom dependent children reside or might reasonably be expected to reside;

(c)a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside;

(d)a person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster.

(2)The Secretary of State may by order—

(a)specify further descriptions of persons as having a priority need for accommodation, and

(b)amend or repeal any part of subsection (1).

(3)Before making such an order the Secretary of State shall consult such associations representing relevant authorities, and such other persons, as he considers appropriate.

(4)No such order shall be made unless a draft of it has been approved by resolution of each House of Parliament.

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Modifications etc. (not altering text)

C11Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

Commencement Information

I4S. 189 wholly in force 20.1.1997: s. 189 not in force at Royal Assent, see s. 232(1)-(3); s. 189(2)-(4) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 189 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

[F35Duty to assess every eligible applicant's case and agree a planE+W

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Amendments (Textual)

F35S. 189A and cross-heading inserted (3.4.2018) by Homelessness Reduction Act 2017 (c. 13), ss. 3(1), 13(3); S.I. 2018/167, reg. 3(c)

189AAssessments and personalised planE+W

(1)If the local housing authority are satisfied that an applicant is—

(a)homeless or threatened with homelessness, and

(b)eligible for assistance,

the authority must make an assessment of the applicant's case.

(2)The authority's assessment of the applicant's case must include an assessment of—

(a)the circumstances that caused the applicant to become homeless or threatened with homelessness,

(b)the housing needs of the applicant including, in particular, what accommodation would be suitable for the applicant and any persons with whom the applicant resides or might reasonably be expected to reside (“other relevant persons”), and

(c)what support would be necessary for the applicant and any other relevant persons to be able to have and retain suitable accommodation.

(3)The authority must notify the applicant, in writing, of the assessment that the authority make.

(4)After the assessment has been made, the authority must try to agree with the applicant—

(a)any steps the applicant is to be required to take for the purposes of securing that the applicant and any other relevant persons have and are able to retain suitable accommodation, and

(b)the steps the authority are to take under this Part for those purposes.

(5)If the authority and the applicant reach an agreement, the authority must record it in writing.

(6)If the authority and the applicant cannot reach an agreement, the authority must record in writing—

(a)why they could not agree,

(b)any steps the authority consider it would be reasonable to require the applicant to take for the purposes mentioned in subsection (4)(a), and

(c)the steps the authority are to take under this Part for those purposes.

(7)The authority may include in a written record produced under subsection (5) or (6) any advice for the applicant that the authority consider appropriate (including any steps the authority consider it would be a good idea for the applicant to take but which the applicant should not be required to take).

(8)The authority must give to the applicant a copy of any written record produced under subsection (5) or (6).

(9)Until such time as the authority consider that they owe the applicant no duty under any of the following sections of this Part, the authority must keep under review—

(a)their assessment of the applicant's case, and

(b)the appropriateness of any agreement reached under subsection (4) or steps recorded under subsection (6)(b) or (c).

(10)If—

(a)the authority's assessment of any of the matters mentioned in subsection (2) changes, or

(b)the authority's assessment of the applicant's case otherwise changes such that the authority consider it appropriate to do so,

the authority must notify the applicant, in writing, of how their assessment of the applicant's case has changed (whether by providing the applicant with a revised written assessment or otherwise).

(11)If the authority consider that any agreement reached under subsection (4) or any step recorded under subsection (6)(b) or (c) is no longer appropriate—

(a)the authority must notify the applicant, in writing, that they consider the agreement or step is no longer appropriate,

(b)any failure, after the notification is given, to take a step that was agreed to in the agreement or recorded under subsection (6)(b) or (c) is to be disregarded for the purposes of this Part, and

(c)subsections (4) to (8) apply as they applied after the assessment was made.

(12)A notification under this section or a copy of any written record produced under subsection (5) or (6), if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority's office for a reasonable period for collection by or on behalf of the applicant.]

Duties to persons found to be homeless or threatened with homelessnessE+W

[F36189BInitial duty owed to all eligible persons who are homelessE+W

(1)This section applies where the local housing authority are satisfied that an applicant is—

(a)homeless, and

(b)eligible for assistance.

(2)Unless the authority refer the application to another local housing authority in England (see section 198(A1)), the authority must take reasonable steps to help the applicant to secure that suitable accommodation becomes available for the applicant's occupation for at least—

(a)6 months, or

(b)such longer period not exceeding 12 months as may be prescribed.

(3)In deciding what steps they are to take, the authority must have regard to their assessment of the applicant's case under section 189A.

(4)Where the authority—

(a)are satisfied that the applicant has a priority need, and

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

the duty under subsection (2) comes to an end at the end of the period of 56 days beginning with the day the authority are first satisfied as mentioned in subsection (1).

(5)If any of the circumstances mentioned in subsection (7) apply, the authority may give notice to the applicant bringing the duty under subsection (2) to an end.

(6)The notice must—

(a)specify which of the circumstances apply, and

(b)inform the applicant that the applicant has a right to request a review of the authority's decision to bring the duty under subsection (2) to an end and of the time within which such a request must be made.

(7)The circumstances are that the authority are satisfied that—

(a)the applicant has—

(i)suitable accommodation available for occupation, and

(ii)a reasonable prospect of having suitable accommodation available for occupation for at least 6 months, or such longer period not exceeding 12 months as may be prescribed, from the date of the notice,

(b)the authority have complied with the duty under subsection (2) and the period of 56 days beginning with the day that the authority are first satisfied as mentioned in subsection (1) has ended (whether or not the applicant has secured accommodation),

(c)the applicant has refused an offer of suitable accommodation and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed,

(d)the applicant has become homeless intentionally from any accommodation that has been made available to the applicant as a result of the authority's exercise of their functions under subsection (2),

(e)the applicant is no longer eligible for assistance, or

(f)the applicant has withdrawn the application mentioned in section 183(1).

(8)A notice under this section must be given in writing and, if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority's office for a reasonable period for collection by or on behalf of the applicant.

(9)The duty under subsection (2) can also be brought to an end under—

(a)section 193A (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage), or

(b)sections 193B and 193C (notices in cases of applicant's deliberate and unreasonable refusal to co-operate).]

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Amendments (Textual)

190 Duties to persons becoming homeless intentionally.E+W

[F37(1)This section applies where—

(a)the local housing authority are satisfied that an applicant—

(i)is homeless and eligible for assistance, but

(ii)became homeless intentionally,

(b)the authority are also satisfied that the applicant has a priority need, and

(c)the authority's duty to the applicant under section 189B(2) has come to an end.]

(2)[F38The authority must—]

(a)secure that accommodation is available for his occupation for such period as they consider will give him a reasonable opportunity of securing accommodation for his occupation, and

(b)provide him with [F39(or secure that he is provided with) advice and assistance] in any attempts he may make to secure that accommodation becomes available for his occupation.

F40(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F41(4)In deciding what advice and assistance is to be provided under this section, the authority must have regard to their assessment of the applicant's case under section 189A.]

F42(5)The advice and assistance provided under subsection (2)(b) F43... 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).

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Amendments (Textual)

F38Words in s. 190(2) substituted (3.4.2018) by Homelessness Reduction Act 2017 (c. 13), ss. 5(5)(b), 13(3); S.I. 2018/167, reg. 3(e) (with reg. 4(1))

F39Words in s. 190(2)(b)(3) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 9 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F42S. 190(4)(5) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 10 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F43Words in s. 190(5) omitted (3.4.2018) by virtue of Homelessness Reduction Act 2017 (c. 13), ss. 5(5)(d), 13(3); S.I. 2018/167, reg. 3(e) (with reg. 4(1))

Modifications etc. (not altering text)

C12Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

191 Becoming homeless intentionally.E+W

(1)A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

(2)For the purposes of subsection (1) an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.

(3)A person shall be treated as becoming homeless intentionally if—

(a)he enters into an arrangement under which he is required to cease to occupy accommodation which it would have been reasonable for him to continue to occupy, and

(b)the purpose of the arrangement is to enable him to become entitled to assistance under this Part,

and there is no other good reason why he is homeless.

(4)A person who is given advice or assistance under section 197 (duty where other suitable alternative accommodation available), but fails to secure suitable accommodation in circumstances in which it was reasonably to be expected that he would do so, shall, if he makes a further application under this Part, be treated as having become homeless intentionally.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C13Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

F44192 Duty to persons not in priority need who are not homeless intentionally.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

193 Duty to persons with priority need who are not homeless intentionally.E+W

[F45(1)This section applies where—

(a)the local housing authority—

(i)are satisfied that an applicant is homeless and eligible for assistance, and

(ii)are not satisfied that the applicant became homeless intentionally,

(b)the authority are also satisfied that the applicant has a priority need, and

(c)the authority's duty to the applicant under section 189B(2) has come to an end.]

[F46(1A)But this section does not apply if—

(a)section 193A(3) disapplies this section, or

(b)the authority have given notice to the applicant under section 193B(2).]

(2)Unless the authority refer the application to another local housing authority (see section 198), they shall secure that accommodation is available for occupation by the applicant.

[F47(3)The authority are subject to the duty under this section until it ceases by virtue of any of the following provisions of this section.]

[F48(3A)[F49The authority shall, on becoming subject to the duty under this section [F50in a case which is not a restricted 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).]]

[F51(3B)In this section “a restricted 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)[F52The local housing authority shall cease to be subject to the duty under this section if the applicant, having been informed by the authority of the possible consequence of refusal [F53and of his right to request a review of the suitability of the accommodation], refuses an offer of accommodation which the authority are satisfied is suitable for him and the authority notify him that they regard themselves as having discharged their duty under this section.]

[F52The local housing authority shall cease to be subject to the duty under this section if—

(a)the applicant, having been informed by the authority of the possible consequence of refusal or acceptance and of the right to request a review of the suitability of the accommodation, refuses an offer of accommodation which the authority are satisfied is suitable for the applicant,

(b)that offer of accommodation is not an offer of accommodation under Part 6 or a private rented sector offer, and

(c)the authority notify the applicant that they regard themselves as ceasing to be subject to the duty under this section.]

(6)The local housing authority shall cease to be subject to the duty under this section if the applicant—

(a)ceases to be eligible for assistance,

(b)becomes homeless intentionally from the accommodation made available for his occupation,

(c)accepts an offer of accommodation under Part VI (allocation of housing), or

[F54(cc)accepts an offer of an assured tenancy (other than an assured shorthold tenancy) from a private landlord,]

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

[F55(7)The local housing authority shall also cease to be subject to the duty under this section if the applicant, having been informed of the possible consequence of refusal [F56or acceptance] and of his right to request a review of the suitability of the accommodation, refuses a final offer of accommodation under Part 6.

(7A)An offer of accommodation under Part 6 is a final offer for the purposes of subsection (7) if it is made in writing and states that it is a final offer for the purposes of subsection (7).]

[F57(7AA)[F58In a restricted case] the authority shall also cease to be subject to the duty under this section if the applicant, having been informed [F59in writing] of the matters mentioned in subsection (7AB)—

(a)accepts a [F60private accommodation offer] [F60private rented sector offer ] , or

(b)refuses such an offer.

(7AB)The matters are—

(a)the possible consequence of refusal [F61or acceptance] of the offer, and

(b)that the applicant has the right to request a review of the suitability of the accommodation[F62, and

(c)in a case which is not a restricted case, the effect under section 195A of a further application to a local housing authority within two years of acceptance of the offer.]

(7AC)For the purposes of this section an offer is a [F63private accommodation offer] [F63private rented sector 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 the landlord with a view to bringing the authority's duty under this section 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 12 months.

(7AD)In a restricted case the authority shall, so far as reasonably practicable, bring their duty under this section to an end as mentioned in subsection (7AA).]

[F64(7B)[F65[F66In a case which is not a restricted case,] the authority shall also cease to be subject to the duty under this section if the applicant accepts a qualifying offer of an assured shorthold tenancy which is made by a private landlord in relation to any accommodation which is, or may become, available for the applicant’s occupation.]

(7C)[F65[F67In a case which is not a restricted case,] the applicant is free to reject a qualifying offer without affecting the duty owed to him under this section by the authority.]

(7D)[F65For the purposes of subsection (7B) an offer of an assured shorthold tenancy is a qualifying offer if—

(a)it is made, with the approval of the authority, in pursuance of arrangements made by the authority with the landlord with a view to bringing the authority’s duty under this section to an end;

(b)the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988 (c. 50)); and

(c)it is accompanied by a statement in writing which states the term of the tenancy being offered and explains in ordinary language that—

(i)there is no obligation to accept the offer, but

(ii)if the offer is accepted the local housing authority will cease to be subject to the duty under this section in relation to the applicant.]

(7E)[F65An acceptance of a qualifying offer is only effective for the purposes of subsection (7B) if the applicant signs a statement acknowledging that he has understood the statement mentioned in subsection (7D).]

(7F)The local housing authority shall not—

(a)make a final offer of accommodation under Part 6 for the purposes of subsection (7); [F68or]

[F69(ab)approve a [F70private accommodation offer] [F70private rented sector offer] ;] or

(b)[F71approve an offer of an assured shorthold tenancy for the purposes of subsection (7B),]

unless they are satisfied that the accommodation is suitable for the applicant and that [F72it is reasonable for him to accept the offer] [F72subsection (8) does not apply to the applicant.] .]

(8)[F73For the purposes of [F74subsection (7F)] an applicant may reasonably be expected to accept an offer F75. . .even though he is under contractual or other obligations in respect of his existing accommodation, provided he is able to bring those obligations to an end before he is required to take up the offer.]

[F73This 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.]

(9)A person who ceases to be owed the duty under this section may make a fresh application to the authority for accommodation or assistance in obtaining accommodation.

[F76(10)The [F77Secretary of State] may provide by regulations that subsection (7AC)(c) is to have effect as if it referred to a period of the length specified in the regulations.

(11)Regulations under subsection (10)—

(a)may not specify a period of less than 12 months, and

(b)may not apply to restricted cases.

F78(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F47S. 193(3) substituted for s. 193(3)(4) (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 6(1) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F48S. 193(3A) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 13 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F49S. 193(3A) repealed (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 148(2), 240(3)(f), Sch. 25 Pt. 22; S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F50Words in s. 193(3A) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 5(2); S.I. 2009/415, art. 2

F51S. 193(3B) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 5(3); S.I. 2009/415, art. 2

F52S. 193(5) substituted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 148(3), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F53Words in s. 193(5) inserted (26.2.2002) by 2002 c. 7, s. 8(1) (with s. 20(4))

F54S. 193(6)(cc) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 7(1)(2)(6) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F55S. 193(7)(7A) substituted for s. 193(7) (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 7(1)(3)(6) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F56Words in s. 193(7) inserted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 148(4), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F57S. 193(7AA)-(7AD) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 5(4); S.I. 2009/415, art. 2

F58Words in s. 193(7AA) repealed (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 148(5)(a), 240(3)(f), Sch. 25 Pt. 22; S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F59Words in s. 193(7AA) inserted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 148(5)(b), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F60Words in s. 193(7AA)(a) substituted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 148(5)(c), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F61Words in s. 193(7AB)(a) inserted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 148(6)(a), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F62S. 193(7AB)(c) and word inserted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 148(6)(b), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F63Words in s. 193(7AC) substituted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 148(7), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F64S. 193(7B)-(7F) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 7(1)(4)(6) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F65S. 193(7B)-(7E) repealed (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 148(8), 240(3)(f), Sch. 25 Pt. 22; S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F66Words in s. 193(7B) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 5(5); S.I. 2009/415, art. 2

F67Words in s. 193(7C) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 5(5); S.I. 2009/415, art. 2

F68Word in s. 193(7F)(a) inserted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 148(9)(a), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F69S. 193(7F)(ab) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 5(6); S.I. 2009/415, art. 2

F70Words in s. 193(7F)(ab) substituted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 148(9)(b), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F71S. 193(7F)(b) repealed (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 148(9)(c), 240(3)(f), Sch. 25 Pt. 22; S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F72Words in s. 193(7F) substituted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 148(9)(d), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F73S. 193(8) substituted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 148(10), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F74Words in s. 193(8) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 7(1)(5)(6) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F75Words in s. 193(8) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, ss. 7(1)(5)(6), 18(2), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F76S. 193(10)-(12) inserted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 148(11), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

Modifications etc. (not altering text)

C14Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

[F79193AConsequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stageE+W

(1)Subsections (2) and (3) apply where—

(a)a local housing authority owe a duty to an applicant under section 189B(2), and

(b)the applicant, having been informed of the consequences of refusal and of the applicant's right to request a review of the suitability of the accommodation, refuses—

(i)a final accommodation offer, or

(ii)a final Part 6 offer.

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

(3)Section 193 (the main housing duty) does not apply.

(4)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 in the discharge of their duty under section 189B(2), 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.

(5)A “final Part 6 offer” is an offer of accommodation under Part 6 (allocation of housing) that—

(a)is made in writing by the authority in the discharge of their duty under section 189B(2), and

(b)states that it is a final offer for the purposes of this section.

(6)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 (7) does not apply.

(7)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.

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Amendments (Textual)

F79Ss. 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)

193BNotices in cases of an applicant's deliberate and unreasonable refusal to co-operateE+W

(1)Section 193C applies where—

(a)a local housing authority owe a duty to an applicant under section 189B(2) or 195(2), and

(b)the authority give notice to the applicant under subsection (2).

(2)A local housing authority may give a notice to an applicant under this subsection if the authority consider that the applicant has deliberately and unreasonably refused to take any step—

(a)that the applicant agreed to take under subsection (4) of section 189A, or

(b)that was recorded by the authority under subsection (6)(b) of that section.

(3)A notice under subsection (2) must—

(a)explain why the authority are giving the notice and its effect, and

(b)inform the applicant that the applicant has a right to request a review of the authority's decision to give the notice and of the time within which such a request must be made.

(4)The authority may not give notice to the applicant under subsection (2) unless—

(a)the authority have given a relevant warning to the applicant, and

(b)a reasonable period has elapsed since the warning was given.

(5)A “relevant warning” means a notice—

(a)given by the authority to the applicant after the applicant has deliberately and unreasonably refused to take any step—

(i)that the applicant agreed to take under subsection (4) of section 189A, or

(ii)that was recorded by the authority under subsection (6)(b) of that section,

(b)that warns the applicant that, if the applicant should deliberately and unreasonably refuse to take any such step after receiving the notice, the authority intend to give notice to the applicant under subsection (2), and

(c)that explains the consequences of such a notice being given to the applicant.

(6)For the purposes of subsections (2) and (5), in deciding whether a refusal by the applicant is unreasonable, the authority must have regard to the particular circumstances and needs of the applicant (whether identified in the authority's assessment of the applicant's case under section 189A or not).

(7)The Secretary of State may make provision by regulations as to the procedure to be followed by a local housing authority in connection with notices under this section.

(8)A notice under this section must be given in writing and, if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority's office for a reasonable period for collection by or on behalf of the applicant.

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Amendments (Textual)

F79Ss. 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)

193CNotice under section 193B: consequencesE+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.]

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Amendments (Textual)

F79Ss. 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)

F80194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F80S. 194 repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, ss. 6(3), 18(2), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

[F81195Duties in cases of threatened homelessnessE+W

(1)This section applies where the local housing authority are satisfied that an applicant is—

(a)threatened with homelessness, and

(b)eligible for assistance.

(2)The authority must take reasonable steps to help the applicant to secure that accommodation does not cease to be available for the applicant's occupation.

(3)In deciding what steps they are to take, the authority must have regard to their assessment of the applicant's case under section 189A.

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

(5)If any of the circumstances mentioned in subsection (8) apply, the authority may give notice to the applicant bringing the duty under subsection (2) to an end.

(6)But the authority may not give notice to the applicant under subsection (5) on the basis that the circumstances in subsection (8)(b) apply if a valid notice has been given to the applicant under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) that—

(a)will expire within 56 days or has expired, and

(b)is in respect of the only accommodation that is available for the applicant's occupation.

(7)The notice must—

(a)specify which of the circumstances apply, and

(b)inform the applicant that the applicant has a right to request a review of the authority's decision to bring the duty under subsection (2) to an end and of the time within which such a request must be made.

(8)The circumstances are that the authority are satisfied that—

(a)the applicant has—

(i)suitable accommodation available for occupation, and

(ii)a reasonable prospect of having suitable accommodation available for occupation for at least 6 months, or such longer period not exceeding 12 months as may be prescribed, from the date of the notice,

(b)the authority have complied with the duty under subsection (2) and the period of 56 days beginning with the day that the authority are first satisfied as mentioned in subsection (1) has ended (whether or not the applicant is still threatened with homelessness),

(c)the applicant has become homeless,

(d)the applicant has refused an offer of suitable accommodation and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed,

(e)the applicant has become homeless intentionally from any accommodation that has been made available to the applicant as a result of the authority's exercise of their functions under subsection (2),

(f)the applicant is no longer eligible for assistance, or

(g)the applicant has withdrawn the application mentioned in section 183(1).

(9)A notice under this section must be given in writing and, if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority's office for a reasonable period for collection by or on behalf of the applicant.

(10)The duty under subsection (2) can also be brought to an end under sections 193B and 193C (notices in cases of applicant's deliberate and unreasonable refusal to co-operate).]

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Amendments (Textual)

[F82195ARe-application after private rented sector offerE+W

(1)If within two years beginning with the date on which an applicant accepts an offer under section 193(7AA) (private rented sector offer), the applicant re-applies for accommodation, or for assistance in obtaining accommodation, and the local housing authority—

(a)is satisfied that the applicant is homeless and eligible for assistance, and

(b)is not satisfied that the applicant became homeless intentionally,

the duty under section 193(2) applies regardless of whether the applicant has a priority need.

(2)For the purpose of subsection (1), an applicant in respect of whom a valid notice under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) has been given is to be treated as homeless from the date on which that notice expires.

F83(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F83(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Subsection (1) F84...does not apply to a case where the local housing authority would not be satisfied as mentioned in that subsection without having regard to a restricted person.

(6)Subsection (1) F85...does not apply to a re-application by an applicant for accommodation, or for assistance in obtaining accommodation, if the immediately preceding application made by that applicant was one to which subsection (1) F85...applied.]

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Amendments (Textual)

F82S. 195A inserted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 149(4), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F83S. 195A(3)(4) omitted (3.4.2018) by virtue of Homelessness Reduction Act 2017 (c. 13), ss. 4(4)(a), 13(3); S.I. 2018/167, reg. 3(d) (with reg. 4(1))

F84Words in s. 195A(5) omitted (3.4.2018) by virtue of Homelessness Reduction Act 2017 (c. 13), ss. 4(4)(b), 13(3); S.I. 2018/167, reg. 3(d) (with reg. 4(1))

F85Words in s. 195A(6) omitted (3.4.2018) by virtue of Homelessness Reduction Act 2017 (c. 13), ss. 4(4)(c), 13(3); S.I. 2018/167, reg. 3(d) (with reg. 4(1))

F86196 Becoming threatened with homelessness intentionally.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Duty where other suitable accommodation availableE+W

F87197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F87S. 197 repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, ss. 9(1), 18(2), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Referral to another local housing authorityE+W

198 Referral of case to another local housing authority.E+W

[F88(A1)If the local housing authority would be subject to the duty under section 189B (initial duty owed to all eligible persons who are homeless) but consider that the conditions are met for referral of the case to another local housing authority in England, they may notify that other authority of their opinion.]

(1)If the local housing authority would be subject to the duty under section 193 (accommodation for those with priority need who are not homeless intentionally) but consider that the conditions are met for referral of the case to another local housing authority, they may notify that other authority of their opinion.

The authority need not consider under section 197 whether other suitable accommodation is available before proceeding under this section.

(2)The conditions for referral of the case to another authority are met if—

(a)neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,

(b)the applicant or a person who might reasonably be expected to reside with him has a local connection with the district of that other authority, and

(c)neither the applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic violence in that other district.

[F89(2ZA)The conditions for referral of the case to another authority are also met if—

(a)the application is made within the period of two years beginning with the date on which the applicant accepted an offer from the other authority under section 193(7AA) (private rented sector offer), and

(b)neither the applicant nor any person who might reasonably be expected to reside with the applicant will run the risk of domestic violence in the district of the other authority.]

[F90(2A)But the conditions for referral mentioned in subsection (2) [F91or (2ZA)] are not met if—

(a)the applicant or any person who might reasonably be expected to reside with him has suffered violence (other than domestic violence) in the district of the other authority; and

(b)it is probable that the return to that district of the victim will lead to further violence of a similar kind against him.

(3)For the purposes of subsections (2) [F92, (2ZA)] and (2A) “violence” means—

(a)violence from another person; or

(b)threats of violence from another person which are likely to be carried out;

and violence is “domestic violence” if it is from a person who is associated with the victim.]

(4)The conditions for referral of the case to another authority are also met if—

(a)the applicant was on a previous application made to that other authority placed (in pursuance of their functions under this Part) in accommodation in the district of the authority to whom his application is now made, and

(b)the previous application was within such period as may be prescribed of the present application.

[F93(4A)Subsection (4) is to be construed, in a case where the other authority is an authority in Wales, as if the reference to “this Part” were a reference to Part 2 of the Housing (Wales) Act 2014.]

(5)The question whether the conditions for referral of a case [F94which does not involve a referral to a local housing authority in Wales] are satisfied shall be decided by agreement between the notifying authority and the notified authority or, in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order.

[F95(5A)The question whether the conditions for referral of a case involving a referral to a local housing authority in Wales shall be decided by agreement between the notifying authority and the notified authority or, in default of agreement, in accordance with such arrangements as the Secretary of State and the Welsh Ministers may jointly direct by order.]

(6)An order may direct that the arrangements shall be—

(a)those agreed by any relevant authorities or associations of relevant authorities, or

(b)in default of such agreement, such arrangements as appear to the Secretary of State [F96or, in the case of an order under subsection (5A), to the Secretary of State and the Welsh Ministers] to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.

(7)[F97An order under this section shall not] be made unless a draft of the order has been approved by a resolution of each House of Parliament [F98and, in the case of a joint order, a resolution of the National Assembly for Wales] .

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Amendments (Textual)

F89S. 198(2ZA) inserted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 149(6), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F90S. 198(2A)(3) substituted for s. 198(3) (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 10(2) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F91Words in s. 198(2A) inserted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 149(7), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F92Word in s. 198(3) inserted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 149(8), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

Modifications etc. (not altering text)

C15Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

C16S. 198 modified (temp.) (6.12.1999) by S.I. 1999/3126, arts. 3, 7

Commencement Information

I5S. 198 wholly in force 20.1.1997: s. 198 not in force at Royal Assent, see s. 232(1)-(3); s. 198(4)-(7) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4; s. 198 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

199 Local connection.E+W

(1)A person has a local connection with the district of a local housing authority if he has a connection with it—

(a)because he is, or in the past was, normally resident there, and that residence is or was of his own choice,

(b)because he is employed there,

(c)because of family associations, or

(d)because of special circumstances.

F99(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Residence in a district is not of a person’s own choice if—

F100(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)he, or a person who might reasonably be expected to reside with him, becomes resident there because he is detained under the authority of an Act of Parliament.

F101(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The Secretary of State may by order specify F102... circumstances in which—

(a)a person is not to be treated as employed in a district, or

(b)residence in a district is not to be treated as of a person’s own choice.

[F103(6)A person has a local connection with the district of a local housing authority if he was (at any time) provided with accommodation in that district under section 95 of the Immigration and Asylum Act 1999 (support for asylum seekers).

(7)But subsection (6) does not apply—

(a)to the provision of accommodation for a person in a district of a local housing authority if he was subsequently provided with accommodation in the district of another local housing authority under section 95 of that Act, or

(b)to the provision of accommodation in an accommodation centre by virtue of section 22 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (use of accommodation centres for section 95 support).]

[F104(8)While a local authority in England have a duty towards a person under section 23C of the Children Act 1989 (continuing functions in respect of former relevant children)—

(a)if the local authority is a local housing authority, the person has a local connection with their district, and

(b)otherwise, the person has a local connection with every district of a local housing authority that falls within the area of the local authority.

(9)In subsection (8), “local authority” has the same meaning as in the Children Act 1989 (see section 105 of that Act).

(10)Where, by virtue of being provided with accommodation under section 22A of the Children Act 1989 (provision of accommodation for children in care), a person is normally resident in the district of a local housing authority in England for a continuous period of at least two years, some or all of which falls before the person attains the age of 16, the person has a local connection with that district.

(11)A person ceases to have a local connection with a district under subsection (10) upon attaining the age of 21 (but this does not affect whether the person has a local connection with that district under any other provision of this section).]

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Amendments (Textual)

F99S. 199(2) repealed (1.12.2008 for E., 30.3.2009 for W. for specified purposes) by Housing and Regeneration Act 2008 (c. 17), ss. 315(a), 325(1), Sch. 16; S.I. 2008/3068, arts. 4(10), 5, Sch. (with arts. 6-13); S.I. 2009/773, art. 2

F100S. 199(3)(a) repealed (1.12.2008 for E., 30.3.2009 for W. for specified purposes) by Housing and Regeneration Act 2008 (c. 17), ss. 315(b), 325(1), Sch. 16; S.I. 2008/3068, arts. 4(10), 5, Sch. (with arts. 6-13); S.I. 2009/773, art. 2

F101S. 199(4) repealed (1.12.2008 for E., 30.3.2009 for W. for specified purposes) by Housing and Regeneration Act 2008 (c. 17), ss. 315(c), 325(1), Sch. 16; S.I. 2008/3068, arts. 4(10), 5, Sch. (with arts. 6-13); S.I. 2009/773, art. 2; and words in s. 199(4) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), Sch. 16 para. 139; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

F102Word in s. 199(5) repealed (1.12.2008 for E., 30.3.2009 for W. for specified purposes) by Housing and Regeneration Act 2008 (c. 17), ss. 315(d), 325(1), Sch. 16; S.I. 2008/3068, arts. 4(10), 5, Sch. (with arts. 6-13); S.I. 2009/773, art. 2

Modifications etc. (not altering text)

C17S. 199 excluded (3.4.1997) by S.I. 1997/797, art. 2(1)(3)(b)

S. 199 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Commencement Information

I6S. 199 in force 20.1.1997: s. 199 not in force at Royal Assent, see s. 232(1)-(3); s. 199(5) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 199 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

[F105199ADuties to the applicant whose case is considered for referral or referred under section 198(A1)E+W

(1)Where a local housing authority (“the notifying authority”) notify an applicant that they intend to notify or have notified another local housing authority in England (“the notified authority”) under section 198(A1) of their opinion that the conditions are met for referral of the applicant's case to the notified authority, the notifying authority—

(a)cease to be subject to any duty under section 188 (interim duty to accommodate in case of apparent priority need), and

(b)are not subject to the duty under section 189B (initial duty owed to all eligible persons who are homeless).

(2)But, if the notifying authority have reason to believe that the applicant may have a priority need, they must secure that accommodation is available for occupation by the applicant until the applicant is notified of the decision as to whether the conditions for referral of the applicant's case are met.

(3)When it has been decided whether the conditions for referral are met, the notifying authority must give notice of the decision and the reasons for it to the applicant.

The notice must also inform the applicant of the applicant's right to request a review of the decision and of the time within which such a request must be made.

(4)If it is decided that the conditions for referral are not met—

(a)the notifying authority are subject to the duty under section 189B,

(b)the references in subsections (4) and (7)(b) of that section to the day that the notifying authority are first satisfied as mentioned in subsection (1) of that section are to be read as references to the day on which notice is given under subsection (3) of this section, and

(c)if the notifying authority have reason to believe that the applicant may have a priority need, they must secure that accommodation is available for occupation by the applicant until the later of—

(i)the duty owed to the applicant under section 189B coming to an end, and

(ii)the authority deciding what other duty (if any) they owe to the applicant under this Part after the duty under section 189B comes to an end.

(5)If it is decided that the conditions for referral are met—

(a)for the purposes of this Part, the applicant is to be treated as having made an application of the kind mentioned in section 183(1) to the notified authority on the date on which notice is given under subsection (3),

(b)from that date, the notifying authority owes no duties to the applicant under this Part,

(c)where the notifying authority have made a decision as to whether the applicant is eligible for assistance, is homeless or became homeless intentionally, the notified authority may only come to a different decision if they are satisfied that—

(i)the applicant's circumstances have changed, or further information has come to light, since the notifying authority made their decision, and

(ii)that change in circumstances, or further information, justifies the notified authority coming to a different decision to the notifying authority, and

(d)the notifying authority must give to the notified authority copies of any notifications that the notifying authority have given to the applicant under section 189A(3) or (10) (notifications of the notifying authority's assessments of the applicant's case).

(6)A duty under subsection (2) or paragraph (c) of subsection (4) ceases as provided in the subsection or paragraph concerned even if the applicant requests a review of the authority's decision upon which the duty ceases.

The authority may secure that accommodation is available for the applicant's occupation pending the decision on review.

(7)A notice under this section must be given in writing and, if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority's office for a reasonable period for collection by or on behalf of the applicant.]

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Amendments (Textual)

200 Duties to applicant whose case is considered for referral or referred [F106under section 198(1)].E+W

(1)Where a local housing authority notify an applicant that they intend to notify or have notified another local housing authority [F107under section 198(1)] of their opinion that the conditions are met for the referral of his case to that other authority—

(a)they cease to be subject to any duty under section 188 (interim duty to accommodate in case of apparent priority need), and

(b)they are not subject to any duty under section 193 (the main housing duty),

but they shall secure that accommodation is available for occupation by the applicant until he is notified of the decision whether the conditions for referral of his case are met.

[F108(1A)A local housing authority in England may not notify an applicant as mentioned in subsection (1) until the authority's duty to the applicant under section 189B(2) (initial duty owed to all eligible persons who are homeless) has come to an end.]

(2)When it has been decided whether the conditions for referral are met, the notifying authority shall notify the applicant of the decision and inform him of the reasons for it.

The notice shall also inform the applicant of his right to request a review of the decision and of the time within which such a request must be made.

[F109(3)If it is decided that the conditions for referral are not met, the notifying authority are subject to the duty under section 193 (the main housing duty).

F109(4)If it is decided that those conditions are met [F110and the notified authority is not an authority in Wales], the notified authority are subject to the duty under section 193 (the main housing duty) [F111; for provision about cases where it is decided that those conditions are met and the notified authority is an authority in Wales, see section 83 of the Housing (Wales) Act 2014 (cases referred from a local housing authority in England)].]

(5)The duty under subsection (1), (3) or (4) ceases as provided in that subsection even if the applicant requests a review of the authority’s decision (see section 202).

The authority may [F112secure] that accommodation is available for the applicant’s occupation pending the decision on a review.

(6)Notice F113... given to an applicant under this section shall be given in writing and, if not received by him, shall be treated as having been given to him if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

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Amendments (Textual)

F106Words in s. 200 heading inserted (3.4.2018) by Homelessness Reduction Act 2017 (c. 13), ss. 5(10)(a), 13(3); S.I. 2018/167, reg. 3(e) (with reg. 4(1))

F109S. 200(3)(4) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 15(a) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F112Word in s. 200(5) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 15(b) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F113Words in s. 200(6) omitted (3.4.2018) by virtue of Homelessness Reduction Act 2017 (c. 13), ss. 5(10)(d), 13(3); S.I. 2018/167, reg. 3(e) (with reg. 4(1))

Modifications etc. (not altering text)

C18Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

201 Application of referral provisions to cases arising in Scotland.E+W

Sections 198 and 200 (referral of application to another local housing authority and duties to applicant whose case is considered for referral or referred) apply—

(a)to applications referred by a local authority in Scotland in pursuance of sections 33 and 34 of the M4Housing (Scotland) Act 1987, and

(b)to persons whose applications are so transferred,

as they apply to cases arising under this Part (the reference in section 198 to this Part being construed as a reference to Part II of that Act).

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Modifications etc. (not altering text)

C19Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

Marginal Citations

[F114201ACases referred from a local housing authority in WalesE+W

(1)This section applies where an application has been referred by a local housing authority in Wales to a local housing authority in England under section 80 of the Housing (Wales) Act 2014 (referral of case to another local housing authority).

(2)If it is decided that the conditions in that section for referral of the case are met, the notified authority are subject to the duty under section 193 of this Act in respect of the person whose case is referred (the main housing duty); for provision about cases where it is decided that the conditions for referral are not met, see section 82 of the Housing (Wales) Act 2014 (duties to applicant whose case is considered for referral or referred).

(3)References in this Part to an applicant include a reference to a person to whom a duty is owed by virtue of subsection (2).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Right to request review of decisionE+W

202 Right to request review of decision.E+W

(1)An applicant has the right to request a review of—

(a)any decision of a local housing authority as to his eligibility for assistance,

(b)any decision of a local housing authority as to what duty (if any) is owed to him under sections [F115189B to 193C] and 195 F116... (duties to persons found to be homeless or threatened with homelessness),

[F117(ba)any decision of a local housing authority—

(i)as to the steps they are to take under subsection (2) of section 189B, or

(ii)to give notice under subsection (5) of that section bringing to an end their duty to the applicant under subsection (2) of that section,

(bb)any decision of a local housing authority to give notice to the applicant under section 193B(2) (notice given to those who deliberately and unreasonably refuse to co-operate),

(bc)any decision of a local housing authority—

(i)as to the steps they are to take under subsection (2) of section 195, or

(ii)to give notice under subsection (5) of that section bringing to an end their duty to the applicant under subsection (2) of that section,]

(c)any decision of a local housing authority to notify another authority under section 198(1) (referral of cases),

(d)any decision under section 198(5) whether the conditions are met for the referral of his case,

(e)any decision under section 200(3) or (4) (decision as to duty owed to applicant whose case is considered for referral or referred), F118...

(f)any decision of a local housing authority as to the suitability of accommodation offered to him in discharge of their duty under any of the provisions mentioned in paragraph (b) or (e) [F119or as to the suitability of accommodation offered to him as mentioned in section 193(7)], F120...

[F121(g)any decision of a local housing authority as to the suitability of accommodation offered to him by way of a [F122private accommodation offer] [F122private rented sector offer] (within the meaning of section 193)][F123, or

(h)any decision of a local housing authority as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer (within the meaning of section 193A or 193C).]

[F124(1A)An applicant who is offered accommodation as mentioned in section 193(5)[F125, (7) or (7AA)] may under subsection (1)(f) [F126or (as the case may be) (g)] request a review of the suitability of the accommodation offered to him whether or not he has accepted the offer.]

[F127(1B)An applicant may, under subsection (1)(h), request a review of the suitability of the accommodation offered whether or not the applicant has accepted the offer.]

(2)There is no right to request a review of the decision reached on an earlier review.

(3)A request for review must be made before the end of the period of 21 days beginning with the day on which he is notified of the authority’s decision or such longer period as the authority may in writing allow.

(4)On a request being duly made to them, the authority or authorities concerned shall review their decision.

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Amendments (Textual)

F115Words in s. 202(1)(b) substituted (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. 9(2)(a)(i), 13(3); S.I. 2018/167, regs. 2(b), 3(i) (with reg. 4(2))

F116Words in s. 202(1)(b) omitted (12.2.2018 for specified purposes, 3.4.2018 in so far as not already in force) by virtue of Homelessness Reduction Act 2017 (c. 13), ss. 9(2)(a)(ii), 13(3); S.I. 2018/167, regs. 2(b), 3(i) (with reg. 4(2))

F117S. 202(1)(ba)-(bc) 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. 9(2)(b), 13(3); S.I. 2018/167, regs. 2(b), 3(i) (with reg. 4(2))

F119Words in s. 202(1)(f) inserted (26.2.2002) by 2002 c. 7, s. 8(2)(a) (with s. 20(4))

F120Word in s. 202(1)(f) omitted (12.2.2018 for specified purposes, 3.4.2018 in so far as not already in force) by virtue of Homelessness Reduction Act 2017 (c. 13), ss. 9(2)(c), 13(3); S.I. 2018/167, regs. 2(b), 3(i) (with reg. 4(2))

F121S. 202(1)(g) and word inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 7(2); S.I. 2009/415, art. 2

F122Words in s. 202(1)(g) substituted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 149(9), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F123S. 202(1)(h) and word 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. 9(2)(d), 13(3); S.I. 2018/167, regs. 2(b), 3(i) (with reg. 4(2))

F124S. 202(1A) inserted (26.2.2002) by 2002 c. 7, s. 8(2)(b) (with s. 20(4))

F125Words in s. 202(1A) substituted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 7(3)(a); S.I. 2009/415, art. 2

F126Words in s. 202(1A) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 7(3)(b); S.I. 2009/415, art. 2

Modifications etc. (not altering text)

C20Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

203 Procedure on a review.E+W

(1)The Secretary of State may make provision by regulations as to the procedure to be followed in connection with a review under section 202.

Nothing in the following provisions affects the generality of this power.

(2)Provision may be made by regulations—

(a)requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and

(b)as to the circumstances in which the applicant is entitled to an oral hearing, and whether and by whom he may be represented at such a hearing.

(3)The authority, or as the case may be either of the authorities, concerned shall notify the applicant of the decision on the review.

(4)If the decision is—

(a)to confirm the original decision on any issue against the interests of the applicant, or

(b)to confirm a previous decision—

(i)to notify another authority under section 198 (referral of cases), or

(ii)that the conditions are met for the referral of his case,

they shall also notify him of the reasons for the decision.

(5)In any case they shall inform the applicant of his right to appeal to [F128the county court] on a point of law, and of the period within which such an appeal must be made (see section 204).

(6)Notice of the decision shall not be treated as given unless and until subsection (5), and where applicable subsection (4), is complied with.

(7)Provision may be made by regulations as to the period within which the review must be carried out and notice given of the decision.

(8)Notice required to be given to a person under this section shall be given in writing and, if not received by him, shall be treated as having been given if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

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Amendments (Textual)

F128Words in s. 203(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C21Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Commencement Information

I7S. 203 wholly in force 20.1.1997: s. 203 not in force at Royal Assent, see s. 232(1)-(3); s. 203(1)(2)(7) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 203 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

204 Right of appeal to county court on point of law.E+W

(1)If an applicant who has requested a review under section 202—

(a)is dissatisfied with the decision on the review, or

(b)is not notified of the decision on the review within the time prescribed under section 203,

he may appeal to the county court on any point of law arising from the decision or, as the case may be, the original decision.

(2)An appeal must be brought within 21 days of his being notified of the decision or, as the case may be, of the date on which he should have been notified of a decision on review.

[F129(2A)The court may give permission for an appeal to be brought after the end of the period allowed by subsection (2), but only if it is satisfied—

(a)where permission is sought before the end of that period, that there is a good reason for the applicant to be unable to bring the appeal in time; or

(b)where permission is sought after that time, that there was a good reason for the applicant’s failure to bring the appeal in time and for any delay in applying for permission.]

(3)On appeal the court may make such order confirming, quashing or varying the decision as it thinks fit.

(4)Where the authority were under a duty under section 188, 190[F130, 199A] or 200 to secure that accommodation is available for the applicant’s occupation[F131, F132... they may] secure that accommodation is so available—

(a)during the period for appealing under this section against the authority’s decision, and

(b)if an appeal is brought, until the appeal (and any further appeal) is finally determined.

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Amendments (Textual)

F129S. 204(2A) inserted (30.9.2002) by 2002 c. 7, s. 18(1), Sch. 1 para. 17(a) (with s. 20(4)); S.I. 2002/1736, art. 2(1), Sch. Pt. 1; S.I. 2002/2324, art. 3 (subject to transitional provisions in art. 4)

F131Words in s. 204(4) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 17(b) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F132Words in s. 204(4) omitted (3.4.2018) by virtue of Homelessness Reduction Act 2017 (c. 13), ss. 4(6), 13(3); S.I. 2018/167, reg. 3(d) (with reg. 4(1))

Modifications etc. (not altering text)

C22Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

C23S. 204(4) restricted (8.1.2003) by 2002 c. 41, s. 55(4)(b) (with s. 159); S.I. 2002/2811, art. 2, Sch.

S. 204(4) restricted (prosp.) by 2002 c. 41, ss. 54, 162(2), Sch. 3 para. 1(1)(j) (with s. 159)

[F133204A Section 204(4): appealsE+W

(1)This section applies where an applicant has the right to appeal to the county court against a local housing authority’s decision on a review.

(2)If the applicant is dissatisfied with a decision by the authority—

(a)not to exercise their power under section 204(4) (“the section 204(4) power”) in his case;

(b)to exercise that power for a limited period ending before the final determination by the county court of his appeal under section 204(1) (“the main appeal”); or

(c)to cease exercising that power before that time,

he may appeal to the county court against the decision.

(3)An appeal under this section may not be brought after the final determination by the county court of the main appeal.

(4)On an appeal under this section the court—

(a)may order the authority to secure that accommodation is available for the applicant’s occupation until the determination of the appeal (or such earlier time as the court may specify); and

(b)shall confirm or quash the decision appealed against,

and in considering whether to confirm or quash the decision the court shall apply the principles applied by the High Court on an application for judicial review.

(5)If the court quashes the decision it may order the authority to exercise the section 204(4) power in the applicant’s case for such period as may be specified in the order.

(6)An order under subsection (5)—

(a)may only be made if the court is satisfied that failure to exercise the section 204(4) power in accordance with the order would substantially prejudice the applicant’s ability to pursue the main appeal;

(b)may not specify any period ending after the final determination by the county court of the main appeal.]

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Amendments (Textual)

F133S. 204A inserted (30.9.2002) by 2002 c. 7, s. 11 (with s. 20(4)); S.I. 2002/1736, art. 2(1), Sch. Pt. 1; S.I. 2002/2324, art. 3 (subject to transitional provisions in art. 4)

Supplementary provisionsE+W

205 Discharge of functions: introductory.E+W

(1)The following sections have effect in relation to the discharge by a local housing authority of their functions under this Part to secure that accommodation is available for the occupation of a person—

  • section 206 (general provisions),

  • section 207 (provision of accommodation by authority),

  • section 207 (provision of accommodation by authority),

  • section 208 (out-of-area placements),

  • section 209 (arrangements with private landlord).

(2)In [F134sections 206 and 208] those functions are referred to as the authority’s “housing functions under this Part”.

[F135(3)For the purposes of this section, a local housing authority's duty under section 189B(2) or 195(2) is a function of the authority to secure that accommodation is available for the occupation of a person only if the authority decide to discharge the duty by securing that accommodation is so available.]

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Amendments (Textual)

F134Words in s. 205(2) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 18 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C24Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

206 Discharge of functions by local housing authorities.E+W

(1)A local housing authority may discharge their housing functions under this Part only in the following ways—

(a)by securing that suitable accommodation provided by them is available,

(b)by securing that he obtains suitable accommodation from some other person, or

(c)by giving him such advice and assistance as will secure that suitable accommodation is available from some other person.

(2)A local housing authority may require a person in relation to whom they are discharging such functions—

(a)to pay such reasonable charges as they may determine in respect of accommodation which they secure for his occupation (either by making it available themselves or otherwise), or

(b)to pay such reasonable amount as they may determine in respect of sums payable by them for accommodation made available by another person.

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Modifications etc. (not altering text)

C25Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

C26S. 206 modified (temp.) (6.12.1999) by S.I. 1999/3126, arts.4, 7

207 Discharge of functions: provision of accommodation by the authority.E+W

(1)A local housing authority shall not under section 206(1)(a) discharge their housing functions under this Part by providing accommodation other than—

(a)accommodation in a hostel within the meaning of section 622 of the M5Housing Act 1985, or

(b)accommodation leased to the authority as mentioned in subsection (2) below,

for more than two years (continuously or in aggregate) in any period of three years.

This applies irrespective of the number of applications for accommodation or assistance in obtaining accommodation made by the person concerned.

(2)The accommodation referred to in subsection (1)(b) is accommodation—

(a)leased to the authority with vacant possession for use as temporary housing accommodation on terms which include provision for the lessor to obtain vacant possession from the authority on the expiry of a specified period or when required by the lessor,

(b)the lessor of which is not an authority or body within section 80(1) of the M6Housing Act 1985 (the landlord condition for secure tenancies), and

(c)in which the authority have no interest other than under the lease in question or as a mortgagee.

(3)The authority shall not discharge such functions in relation to a person who—

(a)normally resides with another person as a member of his family, or

(b)might reasonably be expected to reside with another person,

in such a way that subsection (1) would be contravened if the functions were discharged in relation to that other person.

(4)The Secretary of State may, on the application of a local housing authority, by direction exclude or modify the operation of subsection (1) in relation to that authority if it appears to him that the authority will not otherwise be able reasonably to discharge their housing functions under this Part.

(5)Any such direction shall have effect only—

(a)with respect to applicants of a description specified in the direction, and

(b)for a period specified in the direction, which shall not exceed one year,

and may be expressed to have effect subject to any conditions specified in the direction.

(6)Where the Secretary of State gives or has given a direction under subsection (4), he may give the authority such directions as he considers appropriate as to the discharge of their housing functions under this Part in cases affected by the direction having or ceasing to have effect.

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Modifications etc. (not altering text)

C27Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Commencement Information

I8S. 207 wholly in force 20.1.1997: s. 207 not in force at Royal Assent, see s. 232(1)-(3); s. 207(4)-(6) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4; s. 207 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

Marginal Citations

208 Discharge of functions: out-of-area placements.E+W

(1)So far as reasonably practicable a local housing authority shall in discharging their housing functions under this Part secure that accommodation is available for the occupation of the applicant in their district.

(2)If they secure that accommodation is available for the occupation of the applicant outside their district, they shall give notice to the local housing authority in whose district the accommodation is situated.

(3)The notice shall state—

(a)the name of the applicant,

(b)the number and description of other persons who normally reside with him as a member of his family or might reasonably be expected to reside with him,

(c)the address of the accommodation,

(d)the date on which the accommodation was made available to him, and

(e)which function under this Part the authority was discharging in securing that the accommodation is available for his occupation.

(4)The notice must be in writing, and must be given before the end of the period of 14 days beginning with the day on which the accommodation was made available to the applicant.

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Modifications etc. (not altering text)

C28Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

C29S. 208 modified (temp.) (6.12.1999) by S.I. 1999/3126, arts.5, 7

[F136209 Discharge of interim duties: arrangements with private landlordE+W

(1)This section applies where in pursuance of any of their housing functions under section 188, 190, 200 or 204(4) (interim duties) a local housing authority make arrangements with a private landlord to provide accommodation.

(2)A tenancy granted to the applicant in pursuance of the arrangements cannot be an assured tenancy before the end of the period of twelve months beginning with—

(a)the date on which the applicant was notified of the authority’s decision under section 184(3) or 198(5); or

(b)if there is a review of that decision under section 202 or an appeal to the court under section 204, the date on which he is notified of the decision on review or the appeal is finally determined,

unless, before or during that period, the tenant is notified by the landlord (or in the case of joint landlords, at least one of them) that the tenancy is to be regarded as an assured shorthold tenancy or an assured tenancy other than an assured shorthold tenancy.]

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Amendments (Textual)

F136S. 209 substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 19 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

210 Suitability of accommodation.E+W

(1)In determining for the purposes of this Part whether accommodation is suitable for a person, the local housing authority shall have regard to [F137 Parts 9 and 10 ] of the Housing Act 1985 (slum clearance [F138 and overcrowding) and Parts 1 to 4 of the Housing Act 2004 ] .

(2)The Secretary of State may by order specify—

(a)circumstances in which accommodation is or is not to be regarded as suitable for a person, and

(b)matters to be taken into account or disregarded in determining whether accommodation is suitable for a person.

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Amendments (Textual)

F137Words in s. 210 substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 43(a); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)

F138Words in s. 210 substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 43(b); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)

Modifications etc. (not altering text)

C30Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

C31S. 210 modified (temp.) (6.12.1999) by S.I. 1999/3126, arts.6, 7

Commencement Information

I9S. 210 wholly in force 20.1.1997: s. 210 not in force at Royal Assent, see s. 232(1)-(3); s. 210(2) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 210 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

211 Protection of property of homeless persons and persons threatened with homelessness.E+W

(1)This section applies where a local housing authority have reason to believe that—

(a)there is danger of loss of, or damage to, any personal property of an applicant by reason of his inability to protect it or deal with it, and

(b)no other suitable arrangements have been or are being made.

(2)If the authority have become subject to a duty towards the applicant under—

  • section 188 (interim duty to accommodate),

  • [F139section 189B (initial duty owed to all eligible persons who are homeless),]

  • section 190, 193 or 195 (duties to persons found to be homeless or threatened with homelessness), or

  • section 200 (duties to applicant whose case is considered for referral or referred),

then, whether or not they are still subject to such a duty, they shall take reasonable steps to prevent the loss of the property or prevent or mitigate damage to it.

(3)If they have not become subject to such a duty, they may take any steps they consider reasonable for that purpose.

(4)The authority may decline to take action under this section except upon such conditions as they consider appropriate in the particular case, which may include conditions as to—

(a)the making and recovery by the authority of reasonable charges for the action taken, or

(b)the disposal by the authority, in such circumstances as may be specified, of property in relation to which they have taken action.

(5)References in this section to personal property of the applicant include personal property of any person who might reasonably be expected to reside with him.

(6)Section 212 contains provisions supplementing this section.

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Amendments (Textual)

Modifications etc. (not altering text)

C32Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

212 Protection of property: supplementary provisions.E+W

(1)The authority may for the purposes of section 211 (protection of property of homeless persons or persons threatened with homelessness)—

(a)enter, at all reasonable times, any premises which are the usual place of residence of the applicant or which were his last usual place of residence, and

(b)deal with any personal property of his in any way which is reasonably necessary, in particular by storing it or arranging for its storage.

(2)Where the applicant asks the authority to move his property to a particular location nominated by him, the authority—

(a)may, if it appears to them that his request is reasonable, discharge their responsibilities under section 211 by doing as he asks, and

(b)having done so, have no further duty or power to take action under that section in relation to that property.

If such a request is made, the authority shall before complying with it inform the applicant of the consequence of their doing so.

(3)If no such request is made (or, if made, is not acted upon) the authority cease to have any duty or power to take action under section 211 when, in their opinion, there is no longer any reason to believe that there is a danger of loss of or damage to a person’s personal property by reason of his inability to protect it or deal with it.

But property stored by virtue of their having taken such action may be kept in store and any conditions upon which it was taken into store continue to have effect, with any necessary modifications.

(4)Where the authority—

(a)cease to be subject to a duty to take action under section 211 in respect of an applicant’s property, or

(b)cease to have power to take such action, having previously taken such action,

they shall notify the applicant of that fact and of the reason for it.

(5)The notification shall be given to the applicant—

(a)by delivering it to him, or

(b)by leaving it, or sending it to him, at his last known address.

(6)References in this section to personal property of the applicant include personal property of any person who might reasonably be expected to reside with him.

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Modifications etc. (not altering text)

C33Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

213 Co-operation between relevant housing authorities and bodies.E+W

(1)Where a local housing authority [F140in England]

(a)request another relevant housing authority or body, in England, Wales or Scotland, to assist them in the discharge of their functions under this Part, or

(b)request a social services authority, in England, Wales or Scotland, to exercise any of their functions in relation to a case which the local housing authority are dealing with under this Part,

the authority or body to whom the request is made shall co-operate in rendering such assistance in the discharge of the functions to which the request relates as is reasonable in the circumstances.

(2)In subsection (1)(a) “relevant housing authority or body” means—

(a)in relation to England and Wales, a local housing authority, a new town corporation, [F141a private registered provider of social housing] a registered social landlord or a housing action trust;

(b)in relation to Scotland, a local authority, a development corporation, a registered housing association or Scottish Homes.

Expressions used in paragraph (a) have the same meaning as in the M7Housing Act 1985; and expressions used in paragraph (b) have the same meaning as in the M8Housing (Scotland) Act 1987.

(3)Subsection (1) above applies to a request by a local authority in Scotland under section 38 of the Housing (Scotland) Act 1987 as it applies to a request by a local housing authority in England and Wales (the references to this Part being construed, in relation to such a request, as references to Part II of that Act).

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Amendments (Textual)

Modifications etc. (not altering text)

C34Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

Marginal Citations

[F142213A Co-operation in certain cases involving childrenE+W

(1)This section applies where a local housing authority have reason to believe that an applicant with whom a person under the age of 18 normally resides, or might reasonably be expected to reside—

(a)may be ineligible for assistance; [F143or]

(b)may be homeless and may have become so intentionally; F144...

F144(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A local housing authority shall make arrangements for ensuring that, where this section applies—

(a)the applicant is invited to consent to the referral of the essential facts of his case to the social services authority for the district of the housing authority (where that is a different authority); and

(b)if the applicant has given that consent, the social services authority are made aware of those facts and of the subsequent decision of the housing authority in respect of his case.

(3)Where the local housing authority and the social services authority for a district are the same authority (a “unitary authority”), that authority shall make arrangements for ensuring that, where this section applies—

(a)the applicant is invited to consent to the referral to the social services department of the essential facts of his case; and

(b)if the applicant has given that consent, the social services department is made aware of those facts and of the subsequent decision of the authority in respect of his case.

(4)Nothing in subsection (2) or (3) affects any power apart from this section to disclose information relating to the applicant’s case to the social services authority or to the social services department (as the case may be) without the consent of the applicant.

(5)Where a social services authority—

(a)are aware of a decision of a local housing authority that the applicant is ineligible for [F145assistance or became homeless intentionally], and

(b)request the local housing authority to provide them with advice and assistance in the exercise of their social services functions under Part 3 of the Children Act 1989 [F146or Part 6 of the Social Services and Well-being (Wales) Act 2014],

the local housing authority shall provide them with such advice and assistance as is reasonable in the circumstances.

(6)A unitary authority shall make arrangements for ensuring that, where they make a decision of a kind mentioned in subsection (5)(a), the housing department provide the social services department with such advice and assistance as the social services department may reasonably request.

(7)In this section, in relation to a unitary authority—

  • the housing department” means those persons responsible for the exercise of their housing functions; and

  • the social services department” means those persons responsible for the exercise of their social services functions under Part 3 of the Children Act 1989 [F147or Part 6 of the Social Services and Well-being (Wales) Act 2014].]

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Amendments (Textual)

F142S. 213A inserted (30.9.2002 for W. and 1.10.2002 for E.) by 2002 c. 7, s. 12 (with s. 20(4)); S.I. 2002/1736, art. 2(1), Sch. 1 Pt. 1; S.I. 2002/1799, art. 3

F145Words in s. 213A(5)(a) substituted (3.4.2018) by Homelessness Reduction Act 2017 (c. 13), ss. 4(7)(b), 13(3); S.I. 2018/167, reg. 3(d) (with reg. 4(1))

[F148213BDuty of public authority to refer cases in England to local housing authorityE+W

(1)This section applies if a specified public authority considers that a person in England in relation to whom the authority exercises functions is or may be homeless or threatened with homelessness.

(2)The specified public authority must ask the person to agree to the authority notifying a local housing authority in England of—

(a)the opinion mentioned in subsection (1), and

(b)how the person may be contacted by the local housing authority.

(3)If the person—

(a)agrees to the specified public authority making the notification, and

(b)identifies a local housing authority in England to which the person would like the notification to be made,

the specified public authority must notify that local housing authority of the matters mentioned in subsection (2)(a) and (b).

(4)In this section “specified public authority” means a public authority specified, or of a description specified, in regulations made by the Secretary of State.

(5)In subsection (4) “public authority” means a person (other than a local housing authority) who has functions of a public nature.]

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Amendments (Textual)

F148S. 213B 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. 10, 13(3); S.I. 2018/167, regs. 2(c), 3(j)

General provisionsE+W

214 False statements, withholding information and failure to disclose change of circumstances.E+W

(1)It is an offence for a person, with intent to induce a local housing authority to believe in connection with the exercise of their functions under this Part that he or another person is entitled to accommodation or assistance in accordance with the provisions of this Part, or is entitled to accommodation or assistance of a particular description—

(a)knowingly or recklessly to make a statement which is false in a material particular, or

(b)knowingly to withhold information which the authority have reasonably required him to give in connection with the exercise of those functions.

(2)If before an applicant receives notification of the local housing authority’s decision on his application there is any change of facts material to his case, he shall notify the authority as soon as possible.

The authority shall explain to every applicant, in ordinary language, the duty imposed on him by this subsection and the effect of subsection (3).

(3)A person who fails to comply with subsection (2) commits an offence unless he shows that he was not given the explanation required by that subsection or that he had some other reasonable excuse for non-compliance.

(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Modifications etc. (not altering text)

C35Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

[F149214ACodes of practiceE+W

(1)The Secretary of State may from time to time issue one or more codes of practice dealing with the functions of a local housing authority in England relating to homelessness or the prevention of homelessness.

(2)The provision that may be made by a code of practice under this section includes, in particular, provision about—

(a)the exercise by a local housing authority of functions under this Part;

(b)the training of an authority's staff in relation to the exercise of those functions;

(c)the monitoring by an authority of the exercise of those functions.

(3)A code of practice may—

(a)apply to all local housing authorities or to the local housing authorities specified or described in the code;

(b)contain different provision for different kinds of local housing authority.

(4)The Secretary of State may issue a code of practice under this section only in accordance with subsections (5) and (6).

(5)Before issuing the code of practice, the Secretary of State must lay a draft of the code before Parliament.

(6)If—

(a)the Secretary of State lays a draft of the code before Parliament, and

(b)no negative resolution is made within the 40-day period,

the Secretary of State may issue the code in the form of the draft.

(7)For the purposes of subsection (6)—

(a)a “negative resolution” means a resolution of either House of Parliament not to approve the draft of the code, and

(b)the 40-day period” means the period of 40 days beginning with the day on which the draft of the code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).

(8)In calculating the 40-day period, no account is to be taken of any period during which—

(a)Parliament is dissolved or prorogued, or

(b)both Houses are adjourned for more than four days.

(9)The Secretary of State may—

(a)from time to time revise and reissue a code of practice under this section;

(b)revoke a code of practice under this section.

(10)Subsections (4) to (6) do not apply to the reissue of a code of practice under this section.

(11)The Secretary of State must publish the current version of each code of practice under this section in whatever manner the Secretary of State thinks fit.

(12)A local housing authority must have regard to a code of practice under this section in exercising their functions.]

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Amendments (Textual)

215 Regulations and orders.E+W

(1)In this Part “prescribed” means prescribed by regulations of the Secretary of State.

(2)Regulations or an order under this Part may make different provision for different purposes, including different provision for different areas.

(3)Regulations or an order under this Part shall be made by statutory instrument.

(4)Unless required to be approved in draft, regulations or an order under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C36Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

216 Transitional and consequential matters.E+W

(1)The provisions of this Part have effect in place of the provisions of Part III of the M9Housing Act 1985 (housing the homeless) and shall be construed as one with that Act.

(2)Subject to any transitional provision contained in an order under section 232(4) (power to include transitional provision in commencement order), the provisions of this Part do not apply in relation to an applicant whose application for accommodation or assistance in obtaining accommodation was made before the commencement of this Part.

(3)The enactments mentioned in Schedule 17 have effect with the amendments specified there which are consequential on the provisions of this Part.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C37Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2

Marginal Citations

217 Minor definitions: Part VII.E+W

(1)In this Part, subject to subsection (2)—

  • [F150private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985 (c. 68) (the landlord condition for secure tenancies);]

  • relevant authority” means a local housing authority or a social services authority; and

  • social services authority” means[F151

(a)

in relation to England] a local authority for the purposes of the M10Local Authority Social Services Act 1970, as defined in section 1 of that Act.

(b)

[F152in relation to Wales, a local authority exercising social services functions for the purposes of the Social Services and Well-being (Wales) Act 2014.]

(2)In this Part, in relation to Scotland—

(a)local housing authority” means a local authority within the meaning of the M11Housing (Scotland) Act 1988, and

(b)social services authority” means a local authority for the purposes of the M12Social Work (Scotland) Act 1968.

(3)References in this Part to the district of a local housing authority—

(a)have the same meaning in relation to an authority in England or Wales as in the Housing Act 1985, and

(b)in relation to an authority in Scotland, mean the area of the local authority concerned.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F150S. 217(1): definition inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 20 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C38Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Marginal Citations

218 Index of defined expressions: Part VII.E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section)—

accommodation available for occupationsection 176
applicantsection 183(2)
assistance under this Partsection 183(2)
associated (in relation to a person)section 178
assured tenancy and assured shorthold tenancysection 230
district (of local housing authority)section 217(3)
eligible for assistancesection 183(2)
homelesssection 175(1)
housing functions under this Part (in sections [F153206 and 208])section 205(2)
intentionally homelesssection 191
F154. . .F154. . .
local connectionsection 199

local housing authority—

-in England and Wales

-in Scotland

section 230

section 217(2)(a)

minimum period (for purposes of section 193)section 193(3) and (4)
prescribedsection 215(1)
priority needsection 189
[F155private landlordF155section 217(1)]
reasonable to continue to occupy accommodationsection 177
registered social landlordsection 230
[F156restricted person section 184(7)]
relevant authoritysection 217(1)
social services authoritysection 217(1) and (2)(b)
threatened with homelessnesssection 175(4)
Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F153S. 218: words in entry substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 21(a) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F155S. 218: entry inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 21(b) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F156Words in s. 218 inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 8; S.I. 2009/415, art. 2

Modifications etc. (not altering text)

C39Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

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