50.Section 7(3), by amending section 76 of the 2014 Act, provides new circumstances in which the duty in section 75 of the 2014 Act (as amended by this Act) comes to an end. Under subsection (7A) (inserted into section 76 of the 2014 Act by this section), the duty in section 75 of the 2014 Act (as amended by this Act) will end where a local housing authority is satisfied that the applicant is no longer homeless, that suitable accommodation is available and likely to be available for occupation by the applicant for a period of at least 12 months, and the applicant, having been informed in writing of the potential consequences of agreeing to end the duty under section 75, has agreed that the duty should end.
51.Subsection (7B), inserted into section 76 of the 2014 Act by this section, provides that the 12-month period mentioned in subsection (7A) starts on the day the notice confirming that the local housing authority no longer considers itself subject to the duty in section 75 of the 2014 Act (as amended by the Act) is sent to or made available for collection by the applicant (as required by section 84 of the 2014 Act). However, if the applicant is a prisoner or residing in approved premises, under subsection (7C) (also inserted into section 76 of the 2014 Act by this section), the 12-month period begins on the day the applicant is released from detention or no longer required to reside in approved premises.
52.Under subsection (7D), inserted into section 76 of the 2014 Act by this section, the duty in section 75 of the 2014 Act (as amended by the Act) ends where an applicant is a prisoner serving a custodial sentence and the local housing authority is satisfied that there is no reasonable prospect of the applicant being released from detention before the end of a period of six months, beginning with the day the application for help was made, or if a duty is owed to the applicant under section 66 of the 2014 Act at any time after that application was made, the day the duty under section 66 comes to an end.
53.Subsection (7E), inserted into section 76 of the 2014 Act by this section, provides that the duty in section 75 of the 2014 Act (as amended by this Act) ends in accordance with section 76 or section 79 of the 2014 Act, even if the applicant requests a review under section 85 of that Act of the decision that led to the duty ending.
54.Subsection (7F), inserted into section 76 of the 2014 Act by this section, gives the local housing authority a power to secure suitable accommodation for the applicant pending a decision on a review.
Commentary on Sections Part 1 - Homelessness Section 7: Circumstances in which the duty to secure accommodation for applicants comes to an end