OpenLegislation

Section 195A Re-application after private rented sector offerF1

England and Wales

(F21)

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.

F3(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Subsection (1) F4... 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) F5... 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) ... applied.

Annotations

Textual amendments

F1

S. 195A inserted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 149(4), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F2

S. 195A omitted (1.5.2026 for specified purposes) by virtue of Renters’ Rights Act 2025 (c. 26), ss. 25(4), 145(1)(8) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(a) (with reg. 10)

F3

S. 195A(3)(4) omitted (3.4.2018) by virtue of Homelessness Reduction Act 2017 (c. 13), ss. 4(4)(a), 13(3); S.I. 2018/167, reg. 3(d) (with reg. 4(1))

F4

Words in s. 195A(5) omitted (3.4.2018) by virtue of Homelessness Reduction Act 2017 (c. 13), ss. 4(4)(b), 13(3); S.I. 2018/167, reg. 3(d) (with reg. 4(1))

F5

Words in s. 195A(6) omitted (3.4.2018) by virtue of Homelessness Reduction Act 2017 (c. 13), ss. 4(4)(c), 13(3); S.I. 2018/167, reg. 3(d) (with reg. 4(1))

Notes on Part VII

Textual amendments

F1

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)

Modifications

C1

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