Textual Amendments
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
(1)This section applies where the local housing authority are satisfied that an applicant is homeless and is eligible for assistance but are also satisfied that he became homeless intentionally.
(2)If the authority are satisfied that the applicant has a priority need, they shall—
(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 [F2(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.
(3)If they are not satisfied that he has a priority need, they shall provide him with [F2(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.
[F3(4)The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (2)(b) or (3).
F3(5)The advice and assistance provided under subsection (2)(b) or (3) 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).]
Textual Amendments
F2Words 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
F3S. 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
Modifications etc. (not altering text)
C2Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)
(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.
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4S. 191(4) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (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)
C3Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)
(1)This section applies where the local housing authority—
(a)are satisfied that an applicant is homeless and eligible for assistance, and
(b)are not satisfied that he became homeless intentionally,
but are not satisfied that he has a priority need.
(2)The authority shall provide the applicant with [F5(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.
[F6(3)The authority may secure that accommodation is available for occupation by the applicant.]
[F7(4)The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (2).
F7(5)The advice and assistance provided under subsection (2) 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).]
Textual Amendments
F5Words in s. 192(2) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 11 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1
F6S. 192(3) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 5(1) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1
F7S. 192(4)(5) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 12 (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)
C4Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)
(1)This section applies where the local housing authority are satisfied that an applicant is homeless, eligible for assistance and has a priority need, and are not satisfied that he became homeless intentionally.
F8...
(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.
[F9(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.]
F10(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F11(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)[F12The 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 [F13and 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.]
[F12The 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
[F14(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.
[F15(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 [F16or 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).]
[F17(7AA)F18... the authority shall also cease to be subject to the duty under this section if the applicant, having been informed [F19in writing] of the matters mentioned in subsection (7AB)—
(a)accepts a [F20private rented sector offer ] , or
(b)refuses such an offer.
(7AB)The matters are—
(a)the possible consequence of refusal [F21or acceptance] of the offer, and
(b)that the applicant has the right to request a review of the suitability of the accommodation[F22, 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 [F23private 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).]
F24[F25(7B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24(7C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24(7D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24(7E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7F)The local housing authority shall not—
(a)make a final offer of accommodation under Part 6 for the purposes of subsection (7); [F26or]
[F27(ab)approve a [F28private rented sector offer]; ] or
F29(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
unless they are satisfied that the accommodation is suitable for the applicant and that [F30subsection (8) does not apply to the applicant.] .]
[F31(8)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.]
(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.
[F32(10)The [F33Secretary 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.
F34(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F8Words in s. 193(1) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1
F9S. 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
F10S. 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)
F11S. 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
F12S. 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)
F14S. 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
F15S. 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
F16Words 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)
F17S. 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
F18Words 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)
F19Words 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)
F20Words 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)
F21Words 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)
F22S. 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)
F23Words 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)
F24S. 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)
F25S. 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
F26Word 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)
F27S. 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
F28Words 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)
F29S. 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)
F30Words 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)
F31S. 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)
F32S. 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)
F33Words in s. 193(10) substituted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 10(a); S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)
F34S. 193(12) omitted (27.4.2015) by virtue of Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 10(b); S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)
Modifications etc. (not altering text)
C5Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)
(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.
Textual Amendments
F35Ss. 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)
(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.
Textual Amendments
F35Ss. 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)
(1)In the circumstances mentioned in section 193B(1), this section applies in relation to a local housing authority and an applicant.
(2)The authority's duty to the applicant under section 189B(2) or 195(2) comes to an end.
(3)Subsection (4) applies if the authority—
(a)are satisfied that the applicant is homeless, eligible for assistance and has a priority need, and
(b)are not satisfied that the applicant became homeless intentionally.
(4)Section 193 (the main housing duty) does not apply, but the authority must secure that accommodation is available for occupation by the applicant.
(5)The authority cease to be subject to the duty under subsection (4) if the applicant—
(a)ceases to be eligible for assistance,
(b)becomes homeless intentionally from accommodation made available for the applicant's occupation,
(c)accepts an offer of an assured tenancy from a private landlord, or
(d)otherwise voluntarily ceases to occupy, as the applicant's only or principal home, the accommodation made available for the applicant's occupation.
(6)The authority also cease to be subject to the duty under subsection (4) if the applicant, having been informed of the possible consequences of refusal or acceptance and of the applicant's right to request a review of the suitability of the accommodation, refuses or accepts—
(a)a final accommodation offer, or
(b)a final Part 6 offer.
(7)An offer is “a final accommodation offer” if—
(a)it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,
(b)it is made, with the approval of the authority, in pursuance of arrangements made by the authority with a view to bringing the authority's duty under subsection (4) to an end, and
(c)the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least 6 months.
(8)A “final Part 6 offer” is an offer of accommodation under Part 6 (allocation of housing) that is made in writing and states that it is a final offer for the purposes of this section.
(9)The authority may not approve a final accommodation offer, or make a final Part 6 offer, unless they are satisfied that the accommodation is suitable for the applicant and that subsection (10) does not apply.
(10)This subsection applies to an applicant if—
(a)the applicant is under contractual or other obligations in respect of the applicant's existing accommodation, and
(b)the applicant is not able to bring those obligations to an end before being required to take up the offer.]
Textual Amendments
F35Ss. 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)
Textual Amendments
F36S. 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
(1)This section applies where the local housing authority are satisfied that an applicant is threatened with homelessness and is eligible for assistance.
(2)If the authority—
(a)are satisfied that he has a priority need, and
(b)are not satisfied that he became threatened with homelessness intentionally,
they shall take reasonable steps to secure that accommodation does not cease to be available for his occupation.
F37...
(3)Subsection (2) does not affect any right of the authority, whether by virtue of a contract, enactment or rule of law, to secure vacant possession of any accommodation.
[F38(3A)[F39The authority shall, on becoming subject to the duty under this section [F40in a case which is not a restricted threatened homelessness case] , give the applicant a copy of the statement included in their allocation scheme by virtue of section 167(1A) (policy on offering choice to people allocated housing accommodation under Part 6).]]
(4)Where [F41, in a case which is not a restricted threatened homelessness case, ] in pursuance of the duty under subsection (2) the authority secure that accommodation other than that occupied by the applicant when he made his application is available for occupation by him, the provisions of section 193(3) to (9) (period for which duty owed) and section 194 (power exercisable after minimum period of duty) apply, with any necessary modifications, in relation to the duty under this section as they apply in relation to the duty under section 193 [F42in a case which is not a restricted case (within the meaning of that section)] .
[F43(4A)Where, in a restricted threatened homelessness case, in pursuance of the duty under subsection (2) the authority secure that accommodation other than that occupied by the applicant when he made his application is available for occupation by him, the provisions of section 193(3) to (9) (period for which duty owed) apply, with any necessary modifications, in relation to the duty under this section as they apply in relation to the duty under section 193 in a restricted case (within the meaning of that section).
(4B)In subsections [F44(3A) to] [F44(4) and ] (4A) “a restricted threatened homelessness case” means a case where the local housing authority would not be satisfied as mentioned in subsection (1) without having had regard to a restricted person.]
(5)If the authority—
(a)are not satisfied that the applicant has a priority need, or
(b)are satisfied that he has a priority need but are also satisfied that he became threatened with homelessness intentionally,
they shall [F45provide him with (or secure that he is provided with) advice and assistance] in any attempts he may make to secure that accommodation does not cease to be available for his occupation.
[F46(6)The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (5).
F46(7)The advice and assistance provided under subsection (5) must include information about the likely availability in the authority’s district of types of accommodation appropriate to the applicant’s housing needs (including, in particular, the location and sources of such types of accommodation).]
[F47(8)If the authority decide that they owe the applicant the duty under subsection (5) by virtue of paragraph (b) of that subsection, they may, pending a decision on a review of that decision—
(a)secure that accommodation does not cease to be available for his occupation; and
(b)if he becomes homeless, secure that accommodation is so available.]
[F48(9)If the authority—
(a)are not satisfied that the applicant has a priority need; and
(b)are not satisfied that he became threatened with homelessness intentionally,
the authority may take reasonable steps to secure that accommodation does not cease to be available for the applicant’s occupation.]
Textual Amendments
F37Words in s. 195(2) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1
F38S. 195(3A) inserted (30.9.2002 for W. and 31.1.2003 for E.) by 2002 c. 7, s. 18(1), Sch. 1 para. 14(a) (with s. 20(4)); S.I. 2002/1736, art. 2(1), Sch. Pt. 1; S.I. 2002/3144, art. 3
F39S. 195(3A) repealed (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 149(3)(a), 240(3)(f), Sch. 25 Pt. 22; S.I. 2012/2599, arts. 1(2), 2 (with art. 3)
F40Words in s. 195(3A) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 6(2); S.I. 2009/415, art. 2
F41Words in s. 195(4) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 6(3)(a); S.I. 2009/415, art. 2
F42Words in s. 195(4) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 6(3)(b); S.I. 2009/415, art. 2
F43S. 195(4A)(4B) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 6(4); S.I. 2009/415, art. 2
F44Words in s. 195(4B) substituted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 149(3)(b), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)
F45Words in s. 195(5) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 14(b) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1
F46S. 195(6)(7) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 14(c) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1
F47S. 195(8) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 14(d) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1
F48S. 195(9) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 5(2) (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)
C6Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)
(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.
(3)If within two years beginning with the date on which an applicant accepts an offer under section 193(7AA), the applicant re-applies for accommodation, or for assistance in obtaining accommodation, and the local housing authority—
(a)is satisfied that the applicant is threatened with homelessness and eligible for assistance, and
(b)is not satisfied that the applicant became threatened with homelessness intentionally,
the duty under section 195(2) applies regardless of whether the applicant has a priority need.
(4)For the purpose of subsection (3), an applicant in respect of whom a valid notice under section 21 of the Housing Act 1988 has been given is to be treated as threatened with homelessness from the date on which that notice is given.
(5)Subsection (1) or (3) 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) or (3) 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) or (3) applied.]
Textual Amendments
F49S. 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)
(1)A person becomes threatened with homelessness intentionally if he deliberately does or fails to do anything the likely result of which is that he will be forced to leave 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 threatened with homelessness 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 threatened with homelessness.
F50(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F50S. 196(4) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (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)
C7Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)