The homelessness legislation

44 The homelessness legislation 45
(c) where the authority is satisfied (whether as a result of the steps it has
taken or not) that -
(i) the applicant is no longer threatened with homelessness, and
(ii) suitable accommodation is available for occupation by the
applicant for a period of at least 6 months.
(d) where the authority is satisfied that the applicant is unreasonably
refusing to co-operate with the authority in connection with the
exercise of its functions under section 184B(2) as they apply to the
applicant and that the applicant had been notified in writing by the
authority that it was minded to decide that he had unreasonably
refused to co-operate, and of the reasons why, and had invited the
applicant to reply orally or in writing no less than 14 days before the
notification of the authority’s decision under section 184B(4).
(6) At any time the authority may secure that accommodation other than that
occupied by the applicant when he made his application is available for
occupation by him.
(7) The Secretary of State may provide by regulations matters that may or may not
be taken into account by a local housing authority when deciding that its duty at
section 184B(2) has come to an end by virtue of section 184B(5)(d).
184C Duty to help to secure accommodation for
homeless applicants.
This version assumes that all applicants, including those in priority need, will go
down the `help to secure’ path. Subsection (6) provides that the refusal of an offer
under `help to secure’ will not prevent applicants in priority need from proceeding
to the main duties. This reflects current practice, whereby refusal of a housing option
does not prejudice the right to have the authority consider the homeless application.
The main housing duty can, of course, come to an end by refusal of a suitable private
rented sector offer (section 193(7AA)). The receiving local housing authority would
have a duty to help to secure owed to anyone who was referred. If there is reason
to believe that the applicant has a priority need, the receiving local authority would
have to provide interim accommodation (section 200 and section 188(4)). For
applicants who have a priority need, once the duty to help to secure is ended, the
receiving local authority will have a duty to provide short-term accommodation if
the applicant intentionally homeless, or main housing duty accommodation if the
applicant not intentionally homeless.
(1) A local housing authority must help to secure that suitable accommodation is
available for occupation by an applicant, if the authority are satisfied that the
applicant is—
(a) homeless, and
(b) eligible for assistance.
(2) The duty in subsection (1) does not apply if the authority refers the application to
another local housing authority (see section 198).
(3) The authority must have regard to their assessment of the applicant’s case under
section 184A in fulfilling their duty under this section.
(4) The authority shall cease to be subject to the duty under this section if:
(a) the authority is satisfied that any of the circumstances described in
sub-sections (5) or (7) apply; and
(b) the applicant has been notified in writing of:
(i) the authority’s decision that it no longer regards itself as being
subject to the relevant duty,
(ii) the reasons why it considers that the duty has come to an end,
(iii) the applicant’s right to request a review, and
(iv) the time within which such a request must be made.
(5) Where the local housing authority is satisfied that the applicant has a priority
need, the circumstances in which the duty at section 184C (2) comes to an end
are:
(a) the end of a period of 56 days;
(b) where the authority is satisfied that the applicant has ceased to be
eligible for assistance;
(c) before the end of a period of 56 days, where the local housing authority
is satisfied that reasonable steps have been taken to help to secure that