C7 Part VII HomelessnessF43: England
Pt. 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
Duties to persons found to be homeless or threatened with homelessness
C1190 Duties to persons becoming homeless intentionally.
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 F1(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 F1(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.
F24
The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (2)(b) or (3).
F25
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).
C2191 Becoming homeless intentionally.
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.
F494
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C3192 Duty to persons not in priority need who are not homeless intentionally.
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 F3(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.
F43
The authority may secure that accommodation is available for occupation by the applicant.
F54
The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (2).
F55
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).
C4193 Duty to persons with priority need who are not homeless intentionally.
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.
F46...
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.
F63
The authority are subject to the duty under this section until it ceases by virtue of any of the following provisions of this section.
F253A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F173B
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
F26The 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 F7and 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.
F26The 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
F8cc
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.
F97
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 F27or 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).
F187AA
F28... the authority shall also cease to be subject to the duty under this section if the applicant, having been informed F29in writing of the matters mentioned in subsection (7AB)—
a
accepts a F30private rented sector offer , or
b
refuses such an offer.
7AB
The matters are—
a
the possible consequence of refusal F31or acceptance of the offer, and
b
that the applicant has the right to request a review of the suitability of the accommodationF32, 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 F33private 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).
F34F107B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F347C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F347D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F347E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7F
The local housing authority shall not—
a
make a final offer of accommodation under Part 6 for the purposes of subsection (7); F39or
F40b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
unless they are satisfied that the accommodation is suitable for the applicant and that F36subsection (8) does not apply to the applicant. .
F378
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.
F3510
The F45Secretary 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.
F4412
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C5195 Duties in case of threatened homelessness.
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.
F47...
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.
F123A
F41The authority shall, on becoming subject to the duty under this section F20in 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 F21, 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 F22in a case which is not a restricted case (within the meaning of that section) .
F234A
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
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 F13provide 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.
F146
The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (5).
F147
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).
F158
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.
F169
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.
195AF24Re-application after private rented sector offer
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.
C6196 Becoming threatened with homelessness intentionally.
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.
F484
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Words 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)