Documents

This letter notifies a homeless applicant that:

• you're seeking to refer their case to another council, and
• you're providing interim accommodation, pending the outcome of the referral (under HA 1996, s.199A(2)).

When should I use this letter?

This letter can be used when you're satisfied a homeless applicant:

• is eligible for help (on immigration and nationality grounds), and
• is homeless

but you are also satisfied that:

• the local connection referral conditions are met

and:

• you are not (and have not) accepted the s.189B(2) relief duty, and
• you have reason to believe that the applicant may have a priority need.

The letter notifies the applicant that:

• you are seeking to refer their case to another local housing authority in England, and
• the interim s.199A(2) accommodation duty is owed.

Guidance on using this letter

Note that you'll still need to notify the applicant of how you've assessed their circumstances and give them a housing plan (even though the relief duty is likely to be owed by the council which is receiving the referral request).

The template letter therefore prompts you to confirm:

• How you have assessed their case (or whether an existing assessment has been reviewed), and
• That a housing plan has been agreed or reviewed.

Referral conditions

This text of this letter assumes you're seeking a referral using the most common referral conditions, that are based on local connection i.e. under section 198(2) and (2A) of the Housing Act 1996.

You'll need to amend the letter if you're using the alternative referral conditions under:

• HA 1996, s.198(2ZA) and (2A) (applicant accepted a private rented sector offer of accommodation from the other council / the accommodation was in your area / within 2 years the applicant has applied to your council), or
• HA 1996, s.198(4) and (4A) (applicant placed in your area by the other authority under the homelessness legislation, and prescribed 5 year period has not expired).