Local authority accommodation duty where a homeless applicant has not co-operated
The main housing duty may not apply if an applicant has not cooperated with a step in their personal housing plan.
Accommodation duties still owed
Accommodation duties may be owed to some applicants who have not cooperated. This depends on whether the applicant is in priority need and unintentionally homeless, and at what stage they were found not to have cooperated.
Applicant not in priority need
Where a notice of deliberate and unreasonable refusal to cooperate has been served on an applicant who is eligible and homeless or threatened with homelessness, but not in priority need, this ends the prevention or relief duty and no accommodation duties apply.
However, if the applicant fails to cooperate at prevention stage and then becomes homeless, the relief duty applies, giving the local authority power to accommodate.
Applicant in priority need and intentionally homeless
Where an applicant is in eligible, homeless, in priority need but intentionally homeless, the main housing duty does not apply.
The local authority instead has a duty to secure that accommodation is available for a reasonable period to allow the applicant to find an alternative address. This is likely to involve only a short period of accommodation and the duty is unaffected by any failure of the applicant to cooperate with steps in their personal housing plan.
Applicant in priority need and not intentionally homeless.
Where an applicant who is homeless, eligible, in priority need and not intentionally homeless has been served a notice of deliberate and unreasonable refusal to cooperate with a step in their personal housing plan, the main housing duty does not apply.
ceases to be eligible for assistance
becomes intentionally homeless from accommodation provided
accepts an offer of an assured tenancy from a private landlord
voluntarily ceases to occupy accommodation provided
refuses or accepts a suitable final accommodation offer or a final part 6 offer
A final offer of accommodation is an offer of a six month assured shorthold tenancy from a private landlord.
Last updated: 17 March 2021