19Further circumstances in which the duties to help applicants end(1)

Section 79 of the 2014 Act (further circumstances in which the duties to help applicants end) is amended as follows.

(2)

In subsection (1), for “or (5)” substitute “, (5), (6) or (7)”.

(3)

For subsection (5), substitute—(5)

The circumstances are that the local housing authority is satisfied that—

(a)

the applicant engaged in violent or threatening behaviour towards an individual carrying out an activity connected with—

(i)

the exercise of functions under this Chapter, or

(ii)

the provision of accommodation or other services secured to any extent by the exercise of functions under this Chapter,

(b)

the behaviour occurred during the period in which an applicant’s case is being considered and any duty under section 66, 68, 75 or 76A(2) applies, and

(c)

there are no special circumstances that would make it appropriate for the relevant duty to continue to apply.

(6)

The circumstances are that the local housing authority is satisfied that—

(a)

property consisting of, or provided for use in connection with, accommodation secured to any extent by the exercise of functions under this Chapter has been destroyed or seriously damaged during the period in which an applicant’s case is being considered and any duty under section 66, 68 or 75 applies,

(b)

the applicant, or a person who resides with the applicant, destroyed or seriously damaged the property or incited or encouraged its destruction or damage by another person,

(c)

the applicant or person who resides with the applicant intended the destruction or serious damage of the property or was reckless as to whether it would be destroyed or seriously damaged,

(d)

there is no reasonable excuse for the actions of the applicant or person who resides with the applicant, and

(e)

there are no special circumstances that would make it appropriate for the relevant duty to continue to apply.

(7)

The circumstances are that—

(a)

the applicant has not responded to repeated attempts by the local housing authority to contact the applicant in connection with the application,

(b)

the authority is not aware of any special circumstances that would make it appropriate for the relevant duty to continue to apply,

(c)

the authority has given a warning notice to the applicant explaining—

(i)

that because of the facts described in paragraph (a), it intends to give notice to the applicant under section 84, and

(ii)

the consequences of a notice under section 84 being given to the applicant, and

(d)

a reasonable period has elapsed since the warning notice was given without any contact from the applicant in connection with the application.

(8)

A warning notice under subsection (7) 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.