56 Days: The No.1 Bestseller

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The housing authority should take into account any particular difficulties that the applicant may have in managing communications when considering if failure to cooperate is deliberate and unreasonable, particularly if they are street homeless or moving between temporary places to stay such as the homes of different family and friends.

The original decision to issue the notice must be made by an officer of the housing authority and then receive authorisation by an appropriate person.Considerations may include the needs of the applicant; the risk of the applicant sleeping rough; the prospects of securing accommodation within a reasonable period; the resources available to the housing authority, and any wider implications of bringing the duty to an end (for example, in the case of an applicant who has dependent children and who became homeless intentionally where Children Act duties may apply if accommodation could not be secured). This section 193C(4) duty ends if the applicant accepts or refuses a final accommodation offer or a final Part 6 offer. b) the housing circumstances in the local area, and the length of time it might reasonably take to secure accommodation.

There is no discretion to extend the relief duty beyond 56 days even if the local authority has not complied with it. A final accommodation offer must be of an assured shorthold tenancy of at least 6 months duration, and the applicant must have been informed of the consequences of refusal as well as the right to request a review of the suitability of the offer. What is considered ‘reasonable notice’ would depend on the facts of the case, taking into account the circumstances of the applicant and allowing time for them to consider whether to request a review of the decision.Over the course of our story, readers are drawn ever deeper into the minds of both Ciara and Oliver. This means that the housing authority will continue to owe a prevention duty beyond the initial 56 days, until the applicant is served with a section 195(5) notice on the basis that another of the circumstance set out in section 195(8) applies. This is because the applicant has suitable accommodation and a reasonable prospect of suitable accommodation being available for six months. For further guidance on notifications see Chapter 18 and for further guidance on reviews see Chapter 19.