Requesting confirmation of whether relief duty accepted upon expiry of s.21 notice, and (if not) request for notification, reasons and review

A letter for housing advisors to send on a homeless applicant's behalf to a council to where a s.21 notice has expired, or when a possession claim has been issued, to:

  • Ask whether the relief duty has been accepted under section 189B(2) of the Housing Act 1996,

and if it hasn't:

  • Ask the council to provide reasons for it's refusal to accept the relief duty.
  • Request a review of the decision not to accept the relief duty.
  • Request a review of the steps the council are taking to prevent the applicant's homelessness.
  • Ask for a copy of the housing and homelessness file records.

An early acceptance of the relief duty generally benefits a homeless applicant. Most significantly, for applicants in priority need, it starts the 56-day clock ticking after which (absent a housing solution or the relief duty otherwise being discharged) the main s.193(2) housing duty will usually be accepted.

Accordingly, an applicant's advisor may wish to promptly seek clarification from the council when a s.21 notice expires that they accept the applicant is homeless.

Country England

User Advocate

Subject Homelessness

Document Type Letter


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