OpenLegislation

Section 200 Duties to applicant whose case is considered for referral or referred under section 198(1).F9C1

England and Wales

(1)

Where a local housing authority notify an applicant that they intend to notify or have notified another local housing authority F1under section 198(1) of their opinion that the conditions are met for the referral of his case to that other authority—

(a)

they cease to be subject to any duty under section 188 (interim duty to accommodate in case of apparent priority need), and

(b)

they are not subject to any duty under section 193 (the main housing duty),

but they shall secure that accommodation is available for occupation by the applicant until he is notified of the decision whether the conditions for referral of his case are met.

F2(1A)

A local housing authority in England may not notify an applicant as mentioned in subsection (1) until the authority's duty to the applicant under section 189B(2) (initial duty owed to all eligible persons who are homeless) has come to an end.

(2)

When it has been decided whether the conditions for referral are met, the notifying authority shall notify the applicant of the decision and inform him of the reasons for it.

The notice shall also inform the applicant of his right to request a review of the decision and of the time within which such a request must be made.

F3(3)

If it is decided that the conditions for referral are not met, the notifying authority are subject to the duty under section 193 (the main housing duty).

(4)

If it is decided that those conditions are met F4and the notified authority is not an authority in Wales, the notified authority are subject to the duty under section 193 (the main housing duty) F5; for provision about cases where it is decided that those conditions are met and the notified authority is an authority in Wales, see section 83 of the Housing (Wales) Act 2014 (cases referred from a local housing authority in England).

(5)

The duty under subsection (1), F6... ceases as provided in that subsection even if the applicant requests a review of the authority’s decision (see section 202).

The authority may F7secure that accommodation is available for the applicant’s occupation pending the decision on a review.

(6)

Notice F8... given to an applicant under this section shall be given in writing and, if not received by him, shall be treated as having been given to him if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

Annotations

Textual amendments

F1

Words in s. 200(1) inserted (3.4.2018) by Homelessness Reduction Act 2017 (c. 13), ss. 5(10)(b), 13(3); S.I. 2018/167, reg. 3(e) (with reg. 4(1))

F2

S. 200(1A) inserted (3.4.2018) by Homelessness Reduction Act 2017 (c. 13), ss. 5(10)(c), 13(3); S.I. 2018/167, reg. 3(e) (with reg. 4(1))

F3

S. 200(3)(4) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 15(a) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F4

Words in s. 200(4) inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 12(a); S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

F5

Words in s. 200(4) inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 12(b); S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

F6

Words in s. 200(5) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F7

Word in s. 200(5) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 15(b) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F8

Words in s. 200(6) omitted (3.4.2018) by virtue of Homelessness Reduction Act 2017 (c. 13), ss. 5(10)(d), 13(3); S.I. 2018/167, reg. 3(e) (with reg. 4(1))

F9

Words in s. 200 heading inserted (3.4.2018) by Homelessness Reduction Act 2017 (c. 13), ss. 5(10)(a), 13(3); S.I. 2018/167, reg. 3(e) (with reg. 4(1))

Modifications

C1

Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(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