Section 188: Interim duty to accommodate in case of apparent priority need.

Housing Act 1996 · 1996 c. 52View on legislation.gov.uk

Our take on Section 188: Interim duty to accommodate in case of apparent priority need.

Emergency accommodation is meant to arrive the day you need it, before the council has finished its inquiries. If it has reason to believe you may be homeless, eligible and in priority need, it must secure somewhere, local connection or not. In March 2026 Westminster agreed to pay £1,200 after the Ombudsman found it had left a man eight months without suitable accommodation. In our view the protection is thin. There is no statutory review of whether a room is suitable, and you can usually be asked to leave on reasonable notice without a court order. A negative decision ends the duty only once the council notifies you of the specific decision this section requires.

Part VII: Homelessness: England

If the local housing authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they must secure that accommodation is available for the applicant's occupation.

In a case in which the local housing authority conclude their inquiries under section 184 and decide that the applicant does not have a priority need—

where the authority decide that they do not owe the applicant a duty under section 189B(2), the duty under subsection (1) comes to an end when the authority notify the applicant of that decision, or
otherwise, the duty under subsection (1) comes to an end upon the authority notifying the applicant of their decision that, upon the duty under section 189B(2) coming to an end, they do not owe the applicant any duty under section 190 or 193.

In any other case, the duty under subsection (1) comes to an end upon the later of—

the duty owed to the applicant under section 189B(2) coming to an end or the authority notifying the applicant that they have decided that they do not owe the applicant a duty under that section, and
the authority notifying the applicant of their decision as to what other duty (if any) they owe to the applicant under the following provisions of this Part upon the duty under section 189B(2) coming to an end.

But if the local housing authority have reason to believe that the duty under section 193(2) may apply in relation to an applicant in the circumstances referred to in section 195A(1), they shall secure that accommodation is available for the applicant's occupation until the later of paragraph (a) or (b) of subsection (1ZB). regardless of whether the applicant has a priority need.

The duty under this section arises irrespective of any possibility of the referral of the applicant's case to another local housing authority (see sections 198 to 200).

For the purposes of this section, where the applicant requests a review under section 202(1)(h) of the authority's decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer (within the meaning of section 193A), the authority's duty to the applicant under section 189B(2) is not to be taken to have come to an end under section 193A(2) until the decision on the review has been notified to the applicant.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.