111.This section amends section 79 of the 2014 Act. Section 79 sets out further circumstances in which the duties of local housing authorities under sections 66, 68, 75 and 76A(2) of the 2014 Act (as amended by the Act) end. Those duties are referred to below as “the relevant duties”.
112.This section repeals subsection (5) of section 79 and inserts in its place subsections (5), (6) and (7) which specify circumstances in which those duties come to an end.
113.Inserted subsection (5) provides that those duties can end if the local housing authority is satisfied that the applicant engaged in violent or threatening behaviour towards anyone carrying out an activity connected with homeless functions under Chapter 2 of Part 2 of the 2014 Act or the provision of accommodation or other services as part of those functions and that the behaviour occurred at a time when the applicant’s case is being considered and any of the relevant duties apply. But the duties will not end under this subsection if there are special circumstances that would make it appropriate for the duty in question to continue to apply.
114.Inserted subsection (6) provides that the relevant duties can end following intentional or reckless damage to property secured in the exercise of functions under Chapter 2 of Part 2 of the 2014 Act, at a time when the applicant’s case is being considered and a duty in section 66, 68 or 75 applies if the applicant, or a person who resides with the applicant, destroys or seriously damages the property or incites or encourages the damage or destruction of the property, and they either intended to destroy or seriously damage the property, or were reckless as to whether it would be destroyed or seriously damaged. But a duty will only end in these circumstances where there is no reasonable excuse for the actions of the person who caused the damage or destruction and there are no special circumstances which would make it appropriate for the duty to continue to apply.
115.Subsection (7) provides that the local housing authority's duties can end if the applicant has not responded to repeated attempts by the local housing authority to contact the applicant regarding their application and the local housing authority is not aware of any special circumstances that would make it appropriate for the duty to continue to apply. However, the duties will only end if the authority has given a warning notice in writing to the applicant setting out that, because of the applicant’s failure to respond to the attempts at contact, it plans to end the relevant duty by giving notice to the applicant under section 84 of the 2014 Act (as amended by the Act) that it no longer regards itself as being subject to the relevant duty, and the consequences of such a notice being given (i.e. that duties could be ended). Before duties can end, a reasonable period must have passed since the warning notice was given with no contact from the applicant.
116.Subsection (8) provides that a warning notice must be given in writing and is considered given if it is made available at the authority’s office for a reasonable period for collection by or on behalf of the applicant.
Commentary on Sections Part 1 - Homelessness Section 19: Further circumstances in which the duties to help applicants end