17Help to retain suitable accommodation secured in exercise of homelessness functions(1)

The 2014 Act is amended as follows.

(2)

After section 76 (circumstances in which the duty in section 75 ends) insert—

76ADuty and power to provide help to retain suitable accommodation(1)

The duty in subsection (2) applies in relation to—

(a)

an applicant—

(i)

who is not homeless or threatened with homelessness,

(ii)

for whom suitable accommodation is available for occupation that was, to any extent, retained or secured by the exercise of functions under this Chapter by a local housing authority (whether through the provision of accommodation or other kinds of help), and

(iii)

who is considered by the local housing authority to be at risk of becoming homeless or threatened with homelessness unless further help is provided;

(b)

the local housing authority that exercises the functions described in paragraph (a)(ii) in relation to the applicant.

(2)

The local housing authority must help to secure that the applicant’s accommodation does not cease to be available for occupation by the applicant by taking reasonable steps likely to achieve that purpose.

(3)

Subsection (4) applies in relation to an applicant for whom the duty in subsection (2) has come to an end in the circumstances described in subsection (4) or (6) of section 76B.

(4)

The local housing authority may help to secure that the applicant’s accommodation does not cease to be available for occupation by the applicant by taking reasonable steps likely to achieve that purpose.

76BCircumstances in which the duty in section 76A(2) comes to an end(1)

The duty to an applicant under section 76A(2) comes to an end in any of the circumstances described in subsection (2), (3), (4), (6) or (9) if the applicant has been notified in accordance with section 84.

(2)

The circumstances are that the local housing authority is satisfied that the applicant has become homeless.

(3)

The circumstances are that the local housing authority is satisfied (whether as a result of the steps it has taken or not) that the applicant is no longer at risk of becoming homeless or threatened with homelessness unless help is provided.

(4)

The circumstances are that—

(a)

the applicant occupies accommodation provided or arranged in exercise of functions under this Chapter, and

(b)

the period in subsection (5) beginning on the later date has ended.

(5)

The periods are—

(a)

the period of 12 months beginning on the day the accommodation became available for occupation by the applicant;

(b)

the period of 12 months beginning on the day the applicant is notified under section 63 that a duty under section 76A(2) is owed to the applicant.

(6)

The circumstances are that—

(a)

the applicant occupies accommodation that was secured in exercise of functions under this Chapter, but not provided or arranged in exercise of those functions, and

(b)

the period in subsection (7) beginning on the later date has ended.

(7)

The periods are—

(a)

the period of 12 months beginning on the day the applicant is notified under section 84 that the duty under section 66 has come to an end;

(b)

the period of 12 months beginning on the day the applicant is notified under section 63 that a duty under section 76A(2) is owed to the applicant.

(8)

For the purpose of subsections (5) and (7) the applicant is to be treated as notified on the day the notice is sent or first made available for collection.

(9)

The circumstances are that the applicant has asked that help of the kind required by section 76A(2) is not provided by the local housing authority.

(10)

See section 79 for further circumstances in which the duty in section 76A(2) comes to an end.

(3)

In section 79(1) (further circumstances in which the duties to help applicants end), for “and 75” substitute “, 75 and 76A(2)”.

(4)

In section 84(1) (notice that duties have ended), for “or 75” substitute “, 75 or 76A(2)”.