7Circumstances in which the duty to secure accommodation for applicants comes to an end(1)

Section 76 of the 2014 Act (circumstances in which the duty in section 75 ends) is amended as follows.

(2)

In subsection (1), for “or (7)” substitute “, (7), (7A) or (7D)”.

(3)

After subsection (7) insert—(7A)

The circumstances are that the local housing authority is satisfied (whether because of steps it has taken or not) that—

(a)

the applicant is no longer homeless,

(b)

suitable accommodation is available for occupation by the applicant otherwise than by virtue of an offer mentioned in subsection (2) or (3),

(c)

the accommodation is likely to be available for occupation by the applicant for a period of at least 12 months, and

(d)

the applicant, having been given notice in writing of the possible consequences of agreeing to the duty in section 75 coming to an end, agrees to the duty in section 75 coming to an end.

(7B)

The period of 12 months mentioned in subsection (7A) begins on the day notice in accordance with section 84 that the authority no longer regards itself as being subject to the duty in section 75 is sent or first made available for collection.

(7C)

But where an applicant is a prisoner or residing in approved premises, the period of 12 months mentioned in subsection (7A) begins on the day the applicant is to be released from detention or is no longer required to reside in approved premises (as the case may be).

(7D)

The circumstances are that—

(a)

the applicant is a prisoner serving a custodial sentence, and

(b)

the local housing authority is satisfied that there is no reasonable prospect of the applicant being released from detention before the end of a period of 6 months beginning with—

(i)

the day the application for help under this Chapter is made, or

(ii)

if a duty is owed to the applicant under section 66 at any time after the application is made, the day the duty under section 66 comes to an end.

(7E)

The duty comes to an end in accordance with this section or section 79 even if the applicant requests a review of any decision that has led to the duty coming to an end (see section 85).

(7F)

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