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Section 193: Duty to persons with priority need who are not homeless intentionally.

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

Our take on Section 193: Duty to persons with priority need who are not homeless intentionally.

We think the offer letter is where this duty is most often won or lost. In Imam in 2023 the Supreme Court confirmed that a council's lack of money does not excuse failing to house you suitably, though it can affect the remedy. One suitable offer, accepted or refused, can end the duty. In Bano in July 2026 the court held that accepting or refusing a private rented sector offer ends it automatically, with no further decision, and the 21 days for a review run from the letter itself. Since 1 May 2026 that offer can be a periodic assured tenancy from a private landlord, with no 12-month minimum and no two-year safety net if you become homeless again.

Part VII: Homelessness: England

This section applies where—

the local housing authority—
are satisfied that an applicant is homeless and eligible for assistance, and
are not satisfied that the applicant became homeless intentionally,
the authority are also satisfied that the applicant has a priority need, and
the authority's duty to the applicant under section 189B(2) has come to an end.

But this section does not apply if—

section 193A(3) disapplies this section, or
the authority have given notice to the applicant under section 193B(2).

Unless the authority refer the application to another local housing authority (see section 198), they shall secure that accommodation is available for occupation by the applicant.

The authority are subject to the duty under this section until it ceases by virtue of any of the following provisions of this section.

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In this section "a restricted case" means a case where the local housing authority would not be satisfied as mentioned in subsection (1) without having had regard to a restricted person.

The local housing authority shall cease to be subject to the duty under this section if the applicant—

ceases to be eligible for assistance,
becomes homeless intentionally from the accommodation made available for his occupation,
accepts an offer of accommodation under Part VI (allocation of housing), or
accepts an offer of an assured tenancy (other than an assured shorthold tenancy) from a private landlord,
otherwise voluntarily ceases to occupy as his only or principal home the accommodation made available for his occupation.

The local housing authority shall also cease to be subject to the duty under this section if the applicant, having been informed of the possible consequence of refusal or acceptance and of his right to request a review of the suitability of the accommodation, refuses a final offer of accommodation under Part 6.

An offer of accommodation under Part 6 is a final offer for the purposes of subsection (7) if it is made in writing and states that it is a final offer for the purposes of subsection (7).

... 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)—

accepts a private rented sector offer , or
refuses such an offer.

The matters are—

the possible consequence of refusal or acceptance of the offer, and
that the applicant has the right to request a review of the suitability of the accommodation , and
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.

For the purposes of this section an offer is a private rented sector offer if—

it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,
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
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.

In a restricted case the authority shall, so far as reasonably practicable, bring their duty under this section to an end as mentioned in subsection (7AA).

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The local housing authority shall not—

make a final offer of accommodation under Part 6 for the purposes of subsection (7); or
approve a private rented sector offer; or
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unless they are satisfied that the accommodation is suitable for the applicant and that subsection (8) does not apply to the applicant..

This subsection applies to an applicant if—

the applicant is under contractual or other obligations in respect of the applicant's existing accommodation, and
the applicant is not able to bring those obligations to an end before being required to take up the offer.

A person who ceases to be owed the duty under this section may make a fresh application to the authority for accommodation or assistance in obtaining accommodation.

The Secretary of State may provide by regulations that subsection (7AC)(c) is to have effect as if it referred to a period of the length specified in the regulations.

Regulations under subsection (10)—

may not specify a period of less than 12 months, and
may not apply to restricted cases.

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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.