12(1)Section 31 (duties to persons found to be homeless) is amended as follows.E+W
(2)After subsection (2) insert—
“(2A)In a restricted case the local authority shall cease to be subject to the duty under subsection (2) if the applicant, having been informed of the matters mentioned in subsection (2B)—
(a)accepts a private accommodation offer, or
(b)refuses such an offer.
(2B)The matters are—
(a)the possible consequence of refusal of the offer, and
(b)that the applicant has the right to request a review of the decisions mentioned in section 35A(2)(e).
(2C)In this section “a restricted case” means a case falling within subsection (2) where the local authority would not be satisfied as mentioned in subsections (1) and (2) without having had regard to a restricted person.
(2D)For the purposes of this Part an offer is a private accommodation offer if—
(a)it is an offer of a short assured tenancy made by a 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 local authority, in pursuance of arrangements made by them with the landlord with a view to bringing their duty under subsection (2) to an end, and
(c)the tenancy being offered is for a period of at least 12 months.
(2E)The local authority shall not approve a private accommodation offer unless they are satisfied that it is reasonable for the applicant to accept the offer.
(2F)For the purposes of subsection (2E) an applicant may reasonably be expected to accept an offer 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.
(2G)In a restricted case the local authority shall, so far as reasonably practicable, bring their duty under subsection (2) to an end as mentioned in subsection (2A).
(2H)Subsections (2A) to (2G) are without prejudice to any other way in which the local authority can cease to be subject to the duty under subsection (2).”
(3)In subsection (3)—
(a)for “In any other case, they” substitute “ In a case not falling within subsection (2), the local authority ”, and
(b)in paragraph (a) for “his”, in the first place where it appears, substitute “ the applicant's ”.
Commencement Information
I1Sch. 15 para. 12 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 3