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WHEN DUTY CEASES

February 10th, 2025 by James Goudie KC

In R ( BANO ) v WALTHAM FOREST LBC ( 2025 ) EWCA Civ 92 the Court of Appeal holds that a local housing authority’s main housing duty, under Section 193(2) of the Housing Act 1996, comes to an end automatically upon refusal by the applicant of a private rented sector offer. The authority’s duty under Section 193 ceases as soon as a formal offer of accommodation under Part 6 of the Act  is refused or a private rented sector offer in respect of which the requisite information has been supplied is accepted or refused. The authority does not have to make a a decision that it considers its duty to have ceased or inform the applicant that its duty has ceased.

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