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Where an applicant is unintentionally homeless, eligible for assistance and has a priority need for accommodation, the housing authority has a duty under section 193(2) to secure that accommodation is available for their occupation (unless it refers the application to another housing authority under section 198). This is commonly known as ‘the main housing duty’. However, the main housing duty will not be owed to an applicant who has turned down a suitable final accommodation offer or Part 6 offer made during the section 189B(2) relief stage, or has been given notice under section 193B(2) due to their deliberate and unreasonable refusal to co-operate. For further guidance on deliberate and unreasonable refusal to co-operate see Chapter 14.

d) the applicant refuses a final offer of accommodation under Part 6 (an allocation of social housing). The main housing duty does not end unless the applicant is informed of the possible consequences of refusal and of their right to ask for a review of the suitability of the accommodation ( section 193(7)), the offer is made in writing and states that it is a final offer (section 193(7A)), and the housing authority is satisfied that the accommodation is suitable (section 193(7F)); Section 199A(2) and section 200(1): duties to accommodate applicants with no local connection pending outcome of referral Under section 193B(2), the housing authority may give a notice to an applicant if they consider that the applicant has deliberately and unreasonably refused to take one or more of the steps in their personalised housing plan. It will be up to the housing authority to decide whether or not to end the prevention or relief duty when a suitable offer, other than a final offer or Part 6 offer, is refused. In reaching their decision a housing authority should consider the applicant’s circumstances, the reason for their refusal, the reasonable steps they are taking to secure accommodation that better suits their needs and preferences and, in the case of the prevention duty, the likelihood of the applicant subsequently becoming homeless and applying for help under the relief duty.Ciara meets Oliver in the supermarket. Oliver is tall and handsome and Ciara wants nothing more than continue talking to him. Where an applicant has remained at or returned home or gone to stay with friends or extended family, for example, through the use of mediation or negotiation, it is the responsibility of the housing authority to satisfy itself that accommodation will be available for at least 6 months. There may, for example, be an open ended agreement (perhaps with reasonable conditions), or an agreement that the applicant can stay until they have secured alternative accommodation (whether that happens before or after 6 months).

A certificate issued by an exempted organisation under this paragraph shall specify the date on which it is to come into force and the period for which it is to continue in force, being a period not exceeding one year.

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Under section 204A, applicants have a right to appeal to the county court against decisions on the use of the section 204(4) power to accommodate. This enables an appeal against decisions not to secure accommodation for them pending their main appeal, or to stop securing accommodation, or to secure accommodation for only a limited period before final determination of the main appeal by the county court).

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