Remedy
Start free

Section 189B: Initial duty owed to all eligible persons who are homeless

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

Our take on Section 189B: Initial duty owed to all eligible persons who are homeless

In early 2026 nearly half of relief duties in England ended because 56 days passed with the household still homeless. The duty is owed to every eligible homeless person, however they lost their home, yet only obliges the council to take reasonable steps to help you find somewhere. Those steps must take account of a proper assessment of your needs, and you can ask for a review of them within 21 days. In our view the sharpest trap is the final accommodation offer. Refusing a suitable one after being warned of the consequences ends relief and rules out the main housing duty, and since 1 May 2026 it can be a private periodic tenancy with no minimum term.

Part VII: Homelessness: England

This section applies where the local housing authority are satisfied that an applicant is—

homeless, and
eligible for assistance.

Unless the authority refer the application to another local housing authority in England (see section 198(A1)), the authority must take reasonable steps to help the applicant to secure that suitable accommodation becomes available for the applicant's occupation for at least—

6 months, or
such longer period not exceeding 12 months as may be prescribed.

In deciding what steps they are to take, the authority must have regard to their assessment of the applicant's case under section 189A.

Where the authority—

are satisfied that the applicant has a priority need, and
are not satisfied that the applicant became homeless intentionally,

the duty under subsection (2) comes to an end at the end of the period of 56 days beginning with the day the authority are first satisfied as mentioned in subsection (1).

If any of the circumstances mentioned in subsection (7) apply, the authority may give notice to the applicant bringing the duty under subsection (2) to an end.

The notice must—

specify which of the circumstances apply, and
inform the applicant that the applicant has a right to request a review of the authority's decision to bring the duty under subsection (2) to an end and of the time within which such a request must be made.

The circumstances are that the authority are satisfied that—

the applicant has—
suitable accommodation available for occupation, and
a reasonable prospect of having suitable accommodation available for occupation for at least 6 months, or such longer period not exceeding 12 months as may be prescribed, from the date of the notice,
the authority have complied with the duty under subsection (2) and the period of 56 days beginning with the day that the authority are first satisfied as mentioned in subsection (1) has ended (whether or not the applicant has secured accommodation),
the applicant has refused an offer of suitable accommodation and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed,
the applicant has become homeless intentionally from any accommodation that has been made available to the applicant as a result of the authority's exercise of their functions under subsection (2),
the applicant is no longer eligible for assistance, or
the applicant has withdrawn the application mentioned in section 183(1).

A notice under this section must be given in writing and, if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority's office for a reasonable period for collection by or on behalf of the applicant.

The duty under subsection (2) can also be brought to an end under—

section 193A (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage), or
sections 193B and 193C (notices in cases of applicant's deliberate and unreasonable refusal to co-operate).

About this text

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.