Documents

A form for recording your reasons for not accepting the s.189B(2) homelessness relief duty, where:

• The council currently owes the applicant the prevention duty under section 195 of the Housing Act 1996.
• The applicant has an assured shorthold tenancy.
• The applicant's landlord has served a notice requiring possession under section 21 of the Housing Act 1988, and
• That notice is now expiring.

To be placed on the applicant's file record, to demonstrate you have considered whether it is reasonable for the applicant to continue to occupy the accommodation.

The form helps you to record:

• You have considered whether the applicant is now homeless (i.e. whether it is no longer reasonable for them to continue to occupy the accommodation).
• You have had regard to the guidance set out in Chapter 6 of the Code of Guidance.
• Your reasons for departing from the Secretary of State's recommendation that the relief duty is accepted, and
• You have considered any specific issues arising on the facts of the particular case, including those that have tipped the balance in favour of it being reasonable for the applicant to remain in occupation (e.g. where it is likely that an offer of settled housing will be made in the very near future).

The aim of this template is to help caseworkers quickly demonstrate that they've considered the relevant issues, if it's decided to keep the applicant in prevention for the time being.

It might be particularly useful if the applicant asserts that alternative temporary accommodation should be provided or their representatives are arguing that the relief duty should be accepted.