Shelter Legal Interim Accommodation

guidelines on the Housing Authority`s housing duties and powers for applicants; the way in which they arise and are terminated, also in the context of the principal residence obligation. If the local authority concludes its investigations into priority needs and is satisfied that the applicant does not have any, the manner in which the temporary placement obligation ends depends on whether the applicant has an obligation to provide redress. [1] 15.22 If an applicant rejects (or accepts, moves in and later rejects) an offer of temporary accommodation, the housing authority`s obligation to provide temporary accommodation expires unless it is reactivated by a change in circumstances. Note, however, that an applicant`s refusal to offer temporary placement does not terminate any other obligations the Housing Authority may have under Part 7. (d) voluntarily ceases to use the dwelling provided as the sole or most important dwelling. 15.7 The provisional obligation provided for in paragraph 1 of Article 188 shall end with the notification of certain decisions relating to the applicant`s application. In one case, an applicant refused an offer of suitable accommodation. The courts found that the provisional obligation had been fulfilled. The municipality is not obliged to keep the offer open or to make a new offer of temporary accommodation, unless circumstances change. [12] An applicant may prefer this to another dwelling on short notice. The authority should seek an agreement with the applicant and continue to work on other accommodation measures in the context of the discharge obligation. 15.23 Housing authorities have the power to provide housing to certain applicants seeking review of certain decisions in their case and to certain applicants applying for housing pending the decision of the District Court.

As a general rule, applicants accommodated under the transitional obligation are not considered “accommodation” and have the status of excluded users. In some cases, the municipality may argue that, although the temporary placement obligation exists, it has done everything it needs to do to comply with this obligation and does not need to take any further action. The courts have held that there is a difference between the existence and performance of an obligation. [11] The Authority must also ensure that housing is available after the end of the temporary obligation under the primary housing obligation, the non-cooperation obligation or the obligation to intentionally homeless persons if the applicant is also eligible and homeless. 15.31 Under section 204A, complainants have the right to appeal to the Regional Court against decisions relating to the exercise of the right to place accommodation under section 204 (4). This makes it possible to appeal decisions not to provide them with housing pending the main appeal or to cease obtaining the accommodation or to obtain them only for a limited period before the final decision of the district court on the main appeal. Temporary shelters are sometimes called emergency shelters. Local authorities are not required to provide temporary accommodation during the prevention obligation, as the applicant is not homeless at this time.

Local authorities should take the opportunity to plan temporary accommodation in advance if possible, so that the household has time, for example, to plan how children will get to school if the household becomes homeless. [9] (c) the steps already taken by the applicant which should be completed within a reasonable period of time. For example, if the applicant has obtained housing that is not yet available or can demonstrate that the housing is obtained in this way, the housing authority should consider providing housing under subsection 190(2) until the applicant is able to use the unit. The interim obligation continues until the homeless applicant is informed of the outcome of the review if the review concerns the appropriateness of a final offer of housing or a Part 6 offer made during the exit phase. [14] If you turn down an offer of housing that your municipality deems appropriate, it may refuse to find you alternative offers. This is because they might end their legal obligation to find you a home. The provisional obligation ends when the applicant is informed that no further obligation to provide accommodation will be due after the end of the exemption obligation. [3] Duration of employment is a relevant consideration, so accommodation may be suitable for a very short period of time, but may not be suitable for a longer period of time.[15] For example, an applicant`s accommodation may not be adequate to continue living, but the same housing may be suitable transitional housing. This is sometimes referred to as “homelessness.” 15.10 For all other cases (including applicants with priority needs and applicants for whom the Housing Authority has reason to believe they have an obligation because they have re-applied within 2 years of accepting an offer from the private rental sector (see Chapter 18 for more information on how to re-apply following an offer from the private rental sector), The provisional obligation under section 188 (1) shall end on the later date: were not entitled to occupy accommodation in the United Kingdom for six months or more in the three years preceding their arrival 15.44 Where the Housing Authority has accepted an obligation under section 193(2) in response to an application made before 9 November 2012: This obligation cannot be terminated by an offer of a private rental apartment, unless this offer meets the requirements of a “qualified offer”. (e) the applicant rejects a temporary offer of accommodation which the housing authority considers suitable for him (section 193 § 5).