Chapter 18: Applications, decisions and notifications

Guidance on procedural requirements related to homelessness applications and the notification of decisions.

18.1 This chapter provides guidance on dealing with applications for accommodation or assistance in obtaining accommodation, reapplications to a housing authority within 2 years of acceptance of a private rented sector offer and the circumstances in which an authority has a duty to notify an applicant of its decision.

Service provision

18.2 A need for accommodation, or assistance in obtaining accommodation, can arise at anytime. Housing authorities will therefore need to provide access to advice and assistance at all times during normal office hours, and have arrangements in place for 24 hour emergency cover, e.g. by enabling telephone access to an appropriate duty officer. The police and other relevant services should be provided with details of how to access the service outside normal office hours.

18.3 It is recommended that housing authorities should give proper consideration to the location of, and accessibility to, advice and information about homelessness and the prevention of homelessness, including the need to ensure privacy during interviews.

18.4 Housing authorities should publicise their opening hours, address, and the 24 hour contact details. For example, this information could be accessible on the housing authority’s website. Translated information and interpreting services should be made available to applicants for who English is not a first language, and the availability of these services publicised to residents and community organisations. For more guidance on arrangements for carrying out assessments see paragraphs 11.13 to 11.16.

Form of an application

18.5 Applications can be made to any department of the local authority and expressed in any particular form; they need not be expressed as explicitly seeking assistance under Part 7. As long as the communication seeks accommodation or assistance in obtaining accommodation and includes details that give the housing authority reason to believe that they might be homeless or threatened with homelessness, this will constitute an application.

18.6 Housing authorities should take particular attention to identify instances where information on an inquiry about a social housing allocation scheme, or an application for an allocation of housing under Part 6, provides reason to believe that the applicant might be homeless or threatened with homelessness. This should be regarded as an application for homelessness assistance.

18.7 A referral of a case made by a public authority to the housing authority under section 213B of the 1996 Act, the duty to refer, will not in itself constitute an application. However, housing authorities should make contact with the person referred and determine whether they have reason to believe that the applicant may be homeless or threatened with homelessness. For further guidance on the duty to refer see Chapter 4.

Persons making an application

18.8 An application can be made by any individual who has the mental capacity to do so. There is no statutory minimum age, but applications from dependent children should not be considered. A child aged 16-17 may make an application in their own right, and will require a Children Act 1989 assessment to be completed if they are homeless.

Applications to more than one housing authority

18.9 In some cases applicants may apply to more than one housing authority simultaneously and housing authorities should be alert to cases where an applicant is doing this. In such cases, where a housing authority has reason to believe that the applicant may be homeless or threatened with homelessness, it may wish to contact the other housing authorities involved, to agree which housing authority will take responsibility for conducting inquiries. Where another housing authority has previously made decisions about an applicant’s circumstances, a housing authority considering a fresh application may wish to have regard to those decisions. However, housing authorities should not rely solely on decisions made by another housing authority and will need to make their own inquiries in order to reach an independent decision on whether any duty, and if so which duty, is owed under Part 7. Any arrangements for the discharge of any of their functions by another housing authority must comply with section 101 of the Local Government Act 1972.

Withholding or falsifying information

18.10 Under section 214, it is an offence for a person, knowingly or recklessly to make a false statement, or knowingly to withhold information, with intent to induce the housing authority to believe that they, or another person, are entitled to accommodation or assistance under Part 7. If, before the applicant receives notification of a decision, there is any change of facts material to their case, they must inform the housing authority of this as soon as possible. Housing authorities must ensure that all applicants are made aware of these obligations and that they are explained in ordinary language. Housing authorities are advised to ensure that the obligations are conveyed sensitively to avoid intimidating applicants.

Further applications

18.11 There is no period of disqualification if someone wants to make a fresh application. Where a person whose application has been previously considered and determined under Part 7 makes a fresh application, the housing authority will need to decide whether there are any new facts which render it different from the earlier application. If no new facts are revealed, or any new facts are of a trivial nature, the housing authority would not be required to consider the new application and can instead rely on its previous decision. However, where the fresh application does reveal a change in relevant facts, the housing authority must treat the fresh application in the same way as it would any other application for accommodation or assistance in obtaining accommodation under Part 7.

18.12 In the majority of re-application cases where the applicant has previously refused an offer of suitable accommodation, the housing authority will be entitled to rely on the ending of its duties following the refusal of accommodation. However, if, after the refusal of accommodation, the applicant’s factual circumstances change, the housing authority can no longer rely on the completion of the earlier duty and must consider the fresh application.

18.13 For example, if an applicant makes a further application following a relationship breakdown which has changed the membership of the household, this should be treated as a new application following a factual change of circumstances.

Withdrawn applications

18.14 It is recommended that housing authorities have procedures in place for dealing with applications that are withdrawn or where someone fails to maintain contact with the housing authority after making an application. The Secretary of State considers that it would be reasonable to consider an application closed where the applicant has not responded to any form of contact for 56 days or longer. Any further approach from the applicant after this time may need to be considered as a fresh application. Where an applicant renews contact within 56 days the housing authority will need to consider any change of circumstances that may affect the application.

18.15 If an applicant dies before a decision is reached on their application, the housing authority can substitute another member of the late applicant’s household as applicant upon the consent of that household member.

Reapplication to a housing authority within 2 years of acceptance of a private rented sector offer

1. 18.16 Under section 195A(1) (re-application after private rented sector offer), the section 193(2) duty will apply regardless of whether the applicant has a priority need where:

   1. (a) a person makes a re-application for assistance within 2 years of accepting a private rented sector offer under section 193(7AA); and,

   2. (b) the applicant is eligible for assistance and has become homeless unintentionally.

18.17 The date from which the 2 years begins is the date of acceptance of the private rented sector offer, not the date when the tenancy was granted or when the applicant moved in.

18.18 Housing authorities should be aware that if, following the expiry of the initial 12 month assured shorthold tenancy, an applicant secures their own accommodation and then subsequently becomes homeless within 2 years of the original private rented sector offer then the re-application duty will still apply.

18.19 Given the 2 year re-application duty, housing authorities are advised to keep the household circumstances under review as they approach the expiry of the 12 month tenancy so they can help actively prevent homelessness wherever possible.

18.20 If the applicant is found to have become homeless intentionally but does have a priority need, the housing authority must secure short-term accommodation for the applicant under section 190(2)(a) for such period as they consider will give them a reasonable opportunity of securing accommodation.

Referrals to another housing authority

18.21 Housing authorities should note that the section 193(2) duty on re-application will apply regardless of whether or not the housing authority receiving the re-application is the same housing authority that arranged the private rented sector offer. This means that the housing authority receiving the re-application cannot simply refer the applicant to the housing authority which made the private rented sector offer but must first carry out investigations to determine whether the applicant is eligible and homeless through no fault of their own, under section 195A. It is for the receiving housing authority to establish whether the applicant has become homeless unintentionally. Once established, this matter cannot be reopened.

18.22 Once the receiving housing authority has established that the applicant is unintentionally homeless and eligible for assistance, they may refer the applicant to the housing authority that made the private rented sector offer. The conditions for referral of the case to the other housing authority are met once it has been established that the re-application has been made within 2 years and neither the applicant nor any person who might reasonably be expected to reside with the applicant will be at risk of violence or domestic abuse in the district of the other housing authority.

18.23 The term ‘domestic abuse’ is defined by the Domestic Abuse Act 2021 as outlined in Chapter 21. When assessing other ‘violence’ (violence that is not related to domestic abuse) the term ‘violence’ should not be given a restrictive meaning, and ‘domestic violence’ should be understood to include physical violence and threatening or intimidating behaviour.

18.24 The housing authority which made the private rented sector offer will owe the reapplication duty and it will be their responsibility to secure accommodation is available for occupation by the applicant. Housing authorities are expected to respond quickly to referrals and requests for information.

18.25 Housing authorities are reminded to consider the conditions for referral of a case to another housing authority as set out under section 198(2ZA). For further guidance on referrals to another housing authority see Chapter 10 and risk of domestic abuse see Chapter 21.

18.26 Referrals regarding re-applications are not subject to any consideration of local connection.

When re-application does not apply

18.27 The provisions under section 195A do not apply in a restricted case. Additionally, these provisions do not apply in a case where the applicant has previously made a re-application which resulted in their being owed the duty under section 193(2) by virtue of section 195A(1) This effectively means that an applicant can only be owed the re-application duty once following each private rented sector offer. For further guidance on restricted cases see Chapter 7.

Interim duty to accommodate

18.28 Under section 188(1A), if the housing authority have reason to believe that the re-application duty may apply, they must secure interim accommodation for the applicant regardless of whether or not they have a priority need.

18.29 Housing authorities should note that the duty under section 188(1A) will apply regardless of whether the housing authority receiving the re-application is the same authority that arranged the private rented sector offer.

Notifications to applicants

18.30 Housing authorities are required to provide written notifications to applicants of certain decisions reached in relation to their applications under Part 7. In all cases notifications should be clearly written in plain language, and include information about the right to request a review and the timescales that apply. Housing authorities might also include information about independent advice services available to the applicant. In cases where the applicant may have difficulty understanding the implications of the decision, it is recommended that housing authorities consider arranging for a member of staff to provide and explain the notification in person.

18.31 Housing authorities should consider the most appropriate way to notify applicants of decisions. The housing authority may send a written notification by email or letter, depending on the needs of the applicant.

18.32 Written notification not received by the applicant can be treated as having been given to them, if it is made available at the housing authority’s office for a reasonable period that would allow it to be collected by the applicant or by someone acting on their behalf.

Combining notifications

18.33 There will be circumstances in which more than one notification will be required at the same time and it will be more efficient and clearer for the applicant to combine the necessary information within one notification letter. In these circumstances and where appropriate, housing authorities are encouraged to combine information in one notification letter. Housing authorities will need to take particular care to ensure the information provided to the applicant is clear and comprehensive, and that they are made aware of review rights in respect of each of the decisions about which they are being notified.

Notification on decisions about duties owed section 184(3)

18.34 If a housing authority has reason to believe that a person applying for assistance may be homeless or threatened with homelessness, the housing authority must make such inquiries as are necessary to satisfy itself whether the applicant is eligible for assistance and if so, whether any duty, and if so what duty, is owed to that person under Part 7 of the 1996 Act. When a housing authority has completed its inquiries it must notify the applicant in writing of its decisions.

18.35 Where a decision is against the applicant’s interests the notification must explain clearly and fully the reasons for the decision. In cases where contradictory factual accounts are put before the housing authority, and it prefers one account to another, the decisions letter should explain why a particular account was preferred.

Notification bringing duties to an end

18.36 Housing authorities can give notice to the applicant bringing their duties to an end at each stage. The conditions and requirements for these notifications are set out separately under each provision.

18.37 A notice bringing duties to an end must explain why the housing authority are giving the notice and its effect, and inform the applicant that they have a right to request a review of the authority’s decision to give the notice and of the time within which such a request must be made. For further guidance on how and when the prevention and relief duties can be ended and on issuing notices in cases of an applicant’s deliberate and unreasonable refusal to co-operate see Chapter 14.