Day Month Year s2

Dear (TBA),

Housing Act 1996 Part VII (As Amended): Discharge of Duty Notice under S193 (7AA). Refusal of Private Rented Sector Offer.

You made an application for housing under the homelessness provisions to the Council’s Housing Options Centre on the (DATE). The Council accepted a full housing duty towards you on the (DATE) under section 193(2) of those provisions and issued you with a section 184 letter dated the same.

Consistent with this the Council provided you with temporary accommodation under section 193(2) of the homeless provisions, the latest being (ADDRESS). This was pending the intention to discharge its full duty to you by providing you with a permanent offer of suitable accommodation under the same section, or otherwise to discharge its housing duty to you under section 193 at a later date.

By letter to you dated the (DATE) Lewisham Council made you an offer of permanent suitable accommodation under Section 193 (7F) (ab) of the Housing Act 1996 Part VII (as amended). In particular, (ADDRESS OF PROPERTY). This was a Private Rented Sector Offer as defined by the Localism Act 2011 and section 193 Housing Act 1996 Part VII (as amended). By virtue of 193(7AA) (duties to persons with priority need and who are not homeless intentionally) a local authority shall cease to be subject to the main homelessness duty, if the applicant, having been informed of the matters mentioned in section 193(7AB), accepts or refuses a private rented sector offer.

You viewed the property on the (DATE) and (HERE SHOULD BE STATED HOW WE KNOW THE CLIENT HAS REFUSED THE OFFER AND THE REASONS GIVEN BY THE CLIENT FOR REFUSAL. ALSO HOW WE REFUTE THE REASONS GIVEN AS PRECLUDING THE SUITABILITY OF THE ACCOMMODATION FOR THE CLIENT AND THE CLIENTS HOUSEHOLD).You were advised in the offer letter that the Council regarded this as a suitable offer of accommodation and would result in no further offers being made if you refused it. You said you would be refusing the accommodation. The Council’s procurement team viewed the accommodation and were satisfied that it met the legal requirements set out in law. In particular, Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012 . The Council is satisfied that the accommodation was in a reasonable physical condition and was suitable having regards to health and safety, location, size and arrangement and affordability for you and your family. The Council is satisfied that this accommodation was suitable for you.

Further, the Council notified you in the offer letter of the possible consequence of refusal or acceptance of the offer, and that you had the right to request a review of the suitability of the accommodation. The Council also advised you of the effect under section 195A of a further application to a local housing authority within two years of acceptance of the offer.

Accordingly, the Council is now sending this discharge of duty notice to you advising you it is discharging on your homeless application under section 193(7AA) of the Housing Act 1996 Part VII (as amended). The Council will make no further offers of accommodation to you and your homeless application will be closed. Your bidding number on the Council’s Homesearch Scheme will now be cancelled.

THE LAW

Under the Housing Act 1996 Part VII (as amended), Section 193, a local authority will cease to have a duty under this section if the applicant having been informed in writing of the matters mentioned in subsection (7AB), accepts a private rented sector offer or refuses such an offer. In particular the law states:

(7AA) The authority shall also cease to be subject to the duty under this section if the applicant, having been informed in writing of the matters mentioned in subsection (7AB) — (a) accepts a private rented sector offer, or (b) refuses such an offer

(7AB) The matters are — (a) the possible consequence of refusal or acceptance of the offer, and (b) that the applicant has the right to request a review of the suitability of the accommodation and (c) In a case which is not a restricted case, the effect under section 195A of a further application to a local housing authority within two years of acceptance of the offer

(7AC) For the purpose of this section an offer is a private rented sector offer if (a) it is an offer of an AST made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant’s occupation, (b) it is made, with the approval of the authority, in pursuance of arrangements made by the authority with the landlord with a view to bringing the authority’s duty under this section to an end, and (c) the tenancy being offered is a fixed term tenancy (within the meaning of part 1 of the Housing Act 1988) for a period of at least 12 months.

It follows therefore the Council is satisfied you have refused an offer of Private Rented Sector Accommodation made to you on the (TBA). The Council is satisfied this accommodation was suitable for you and your family and met your needs, requirements and circumstances.

In such circumstances the Council is notifying you that as by operation of section 193(7AA) of the said legislation, the circumstances are met for the Council to discharge duty on your homeless application. That is you have refused a Private Rented Sector Offer of accommodation made to you under section 193(7F) (ab) of the Housing Act 1996 Part VII (as amended). In particular, (ADDRESS OF OFFERED PROPERTY), a Private Rented Sector Offer made to you by the Council on the (DATE of OFFER). This is a dischargeable condition under the homelessness provisions by virtue of section 193(7AA).

EQUALITY ACT 2010

For clarification, the Council would like to point out that it has given careful and critical scrutiny of your application under these provisions to the Equality Act 2010. Generally, this legislation consolidated and prescribed into one act a comprehensive statutory mechanism to protect people from discrimination. In particular, for those with prescribed characteristics. The Council has considered your case in this context and concluded it has met the requirements of the said provisions.

The Council has considered the protected characteristic with respect to the said legislation, and considered the extent of the affect on you of the same. Considered the likely effect of these issues with the particular features of your case when making this decision and considered whether your decision to refuse the accommodation was a result of that, but decided to the contrary, that none of these issues impacted on you and contributed to your decision to refuse the material accommodation leading to this discharge.

The Council concludes therefore that it has discharged on your homelessness application under Housing Act 1996 Part VII (as amended), section 193(7AA) and that it no longer has a duty to provide you with accommodation under that section. This is for the reasons given above.

THE COUNCIL’S DUTY . The Council’s decision means that we no longer have a duty to secure accommodation for you. The duty towards you under the homelessness provisions has been discharged. Your case is now closed. Your Homesearch bidding account will now be cancelled.

You will be given reasonable notice to vacate your current temporary accommodation, (ADDRESS TO BE ADDED). In consideration of the particular circumstances of your case the Council regards (AMOUNT OF NOTICE DECIDED) to leave this accommodation as reasonable in your circumstances. You will hear from the Council’s accommodation teams on this matter in the near future.

The Council’s Children’s Services Department will be notified of this decision. You may wish to contact them directly. The Council has had regard to the Children Act 2004 Section 11 in making this decision.

Requesting a Review of the Council’s Decision

If you disagree with this decision, under Section 202 of the Housing Act 1996, you have a right to request a review. However, this request and your reasons for appealing against the decision must be made in writing within 21 days of the date of this letter. Written representations from a person acting on your behalf will be accepted. Yours Sincerely,

NAME Prevention and Support Officer