Documents

This letter notifies a homeless applicant that:

• you're seeking to refer their case to another council, and
• you're not providing interim accommodation.

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 do not 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 not 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, i.e. those set out at section 198(2) and (2A) of the Housing Act 1996.

You will need to amend the letter if you're using one of the two other 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).