Housing (Wales) Act 2014

69Circumstances in which the duty in section 68 ends

(1)The duty to an applicant under section 68 comes to an end in any of the circumstances described in subsection (2), (3) (subject to subsection (4) and (5)), (7), (8) or (9) if the applicant has been notified in accordance with section 84.

(2)The circumstances are that the local housing authority has decided that no duty is owed to the applicant under section 73 and the applicant is notified of that decision.

(3)In the case of an applicant to whom section 68(3) applies, the circumstances are that the local housing authority has—

(a)decided that the duty owed to the applicant under section 73 has come to an end and that a duty is or is not owed to the applicant under section 75, and

(b)notified the applicant of that decision;

but this is subject to subsections (4) and (5).

(4)Subsection (5) applies where a local housing authority has decided that no duty is owed to the applicant under section 75 on the basis that the authority—

(a)is satisfied that the applicant became homeless intentionally in the circumstances which gave rise to the application, or

(b)has previously secured an offer of accommodation of the kind described in section 75(3)(f).

(5)The duty under section 68 does not come to an end in the circumstances described in subsection (3) until the authority is also satisfied that the accommodation it has secured under section 68 has been available to the applicant for a sufficient period, beginning on the day on which he or she is notified that section 75 does not apply, to allow the applicant a reasonable opportunity of securing accommodation for his or her occupation.

(6)The period mentioned in subsection (5) is not sufficient for the purposes of that subsection if it ends on a day during the period of 56 days beginning with the day on which the applicant was notified that the duty in section 73 applied.

(7)The circumstances are that the applicant, having been notified of the possible consequence of refusal, refuses an offer of accommodation secured under section 68 which the local housing authority is satisfied is suitable for the applicant.

(8)The circumstances are that the local housing authority is satisfied that the applicant has become homeless intentionally from suitable interim accommodation made available for the applicant’s occupation under section 68.

(9)The circumstances are that the local housing authority is satisfied that the applicant voluntarily ceased to occupy as his or her only or principal home suitable interim accommodation made available for the applicant’s occupation under section 68.

(10)The duty comes to an end in accordance with this section even if the applicant requests a review of any decision that has led to the duty coming to an end (see section 85).

(11)The authority may secure that suitable accommodation is available for the applicant’s occupation pending a decision on a review.

(12)See section 79 for further circumstances in which the duty in section 68 comes to an end.