Reply To: TA conditions satisfied?

Peter Barker

Yes, accommodation provided under the interim s188 duty is definitely T/A.

It stops being T/A if the Council concludes that it does not have a continuing duty, in which case HB will terminate for claimants who are already on UC for living costs (instead they can get a housing element). Those not on UC can remain on HB as they already have an award and are not making a new claim.

I discovered to my surprise not long ago that housing associations do not immediately take steps to evict people when the homeless file is closed and the duty ends. They might have an assured tenancy – especially if they are in s/c accommodation – and can only evicted on the same grounds as any other assured tenant. Or the HA might not even know that the Council’s duty has ended (seen some cases recently where no-one tells them!) and the person just stays there because no-one takes the initiative to do anything else.

But once the HA 1996 duty has ended it is no longer T/A.