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Letter from notifying to notified authority - reasons why relying on previous discharge to refuse s198(A1) referral is unlawful

A letter for a council:

  • Who have previously initiated a local connection referral under section 198(A1) of the Housing Act 1996.
  • Have not received a response from the notified authority which confirms their opinion on whether the statutory referral conditions are satisfied.

And where the notified (receiving) council have sought to rely on the fact that:

  • They previously took a homelessness application from the applicant, and
  • Previously discharged the s.189B relief duty.

The letter:

  • Asserts that their approach is unlawful.
  • Asks that they confirm their view as to whether the referral conditions are satisfied.
  • Seeks agreement on the appointment of a referee to resolve the dispute.
  • Confirms that a unilateral referral to the Local Government Association will be made if necessary.
  • Asks that they confirm whether they are willing to reimburse the council for the costs of temporary accommodation costs in the event that the referral is agreed.

Country England

User Social Landlord or Local Authority

Subject Homelessness

Document Type Letter

Letter from notifying to notified authority - reasons why relying on previous discharge to refuse s198(A1) referral is unlawful
  • .docx
  • .pdf
  • .txt

Updated
10.06.2022

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