Excluded licence to occupy interim accommodation agreement

1. You are responsible for the total occupation charge for your accommodation. During your stay at the accommodation the Council may review your rent and the charge by giving you not less than 7 days’ notice in writing.  
2. We have checked that the charge is affordable for you to pay taking into account your income from any work, benefits or savings.  
3. When signing this agreement, an Officer of the Council will support you in making a claim for housing benefit. If for any reason this is not possible at the sign-up appointment it is your responsibility to ensure a claim is submit. If you require support with this, please make an appointment with the temporary accommodation team.
4. It is your responsibility to provide all necessary documents in support of the housing benefit claim including original copies of ID, bank statements and confirmation of any other income (Payslips, Benefit entitlements and PIP etc.).  
5. If you work or are in receipt of pension, you may still qualify for some Housing Benefit however, you are likely to have a shortfall between the rent and your benefit entitlement. You will be required to pay the difference. Failure to do so may result in the withdrawal of your accommodation.  
6. You must provide the documents above within seven days of entering accommodation or you will be issued with a warning. Failure to provide the supporting documentation may result in you losing your interim accommodation.
7. If it is confirmed that you qualify for Housing Benefit, it will be paid directly to the Council. If you are not entitled to Housing Benefit, you will be liable for the total occupation charge. Please note that you are liable for the full occupation charge if you do not provide the necessary information.
8. You must notify Universal Credit of any change in address within three days of moving into the accommodation.
9. If you do not qualify any Housing Benefit because of any other rule, for example the amount of savings you have, or your income, you will be expected to pay the full accommodation charge. Failure to do so may result in the withdrawal of your accommodation.  
10. Below is set out the methods of payment where Housing Benefit does not meet the full Occupation Charge:

• Rent Card  

  This will be sent via post within 5 working days of you moving into the accommodation. If you do not receive it, please report to the Council immediately. The card can be taken into a Post Office or Payzone outlet to make payments via cash or card.

• Barcoded Letter  

  This can be printed off for you by a member of staff in the Temporary Accommodation team. The letter can be taken into a Post Office or Payzone outlet to make payments via cash or card.

• Online Payment  

  Payments can be made using your rent account number/rent reference online at the following website:

https://www.westnorthants.gov.uk/council-housing/pay-rent-tenancies-and-mortgages

The legal position explaining your occupation of the accommodation unit named in this agreement.

This excluded licence to occupy interim accommodation (technically called section 188 Housing Act 1996 accommodation) is not granted for the purpose of using the premises as a tenancy.  It is granted to provide you with temporary accommodation for a short period of time whilst:

1. We make inquiries into your application for homeless assistance under Part 7 of the Housing Act 1996 to determine what duty, if any, we may owe you.  
2. Whilst we owe you a Section 189B(2) Relief of Homelessness duty.
3. To meet any duty or power under the Housing Act 1996 Part 7 as amended by the Homelessness Reduction Act 2017 where any duty is not provided under Section 193 of that Act. (See Section 4 below for details of your occupation status and rights if the Council were to notify you that it owed you a duty under Section 193 of the Housing Act 1996 part 7).  
4. This excluded licence applies to any interim accommodation duty whereby the Council may provide temporary accommodation under Part 7 of the 1996 Act as amended by the Homelessness Reduction Act 2017. This includes where temporary accommodation has been provided to meet any of the following duties:  

• Where interim Section 188 accommodation has been provided to you whilst the Council performs the ‘relief of homelessness’ Section 189B(2) Duty owed to you.

   

• Where the Council has exercised its power to provide accommodation pending the outcome of any review requested by you (This is accommodation provided under the Section 188(3) power).  

   

• Any temporary accommodation provided in the circumstances where the Section 189B (2) duty owed to you has come to an end and if the Council has notified you that it owes you a Section 190 intentionally homeless temporary accommodation duty. This being a duty to provide temporary accommodation for a reasonable period to allow an applicant to secure alternative accommodation for occupation (Section 190(2) duty).  

• Any temporary accommodation provided following a referral to another local authority at either the ‘relief stage’ (this would be temporary accommodation provided under Section 199A(2)), or at the Main Duty stage (this would be a Section 200(1) temporary accommodation duty).  

• Any interim temporary accommodation provided pending the outcome of a Section 204 appeal.

• Any accommodation provided outside of Sections 195(2) or 189B(2) in the circumstances where the Council has exercised a power under the Localism Act 2011 to provide accommodation.

5. This licence is granted on a nightly basis. It allows for the local authority to transfer you to alternative interim accommodation at short notice or, if we need to transfer you urgently for any reason, with no notice.  
6. In granting this Interim Accommodation Excluded Licence the Council has been guided by the Supreme Court decision in R (on the application of ZH and CN) (Appellants) v London Borough of Newham and London Borough of Lewisham (Respondents) [2014] UKSC 62. This judgement confirms that a licence granted for interim accommodation is not accommodation “occupied as a dwelling under a licence” for the purposes of the ‘Protection From Eviction Act’ and therefore the Council is entitled to evict a licensee from interim accommodation without first obtaining a court order.  
7. You should note that the Council recognises that your Article 8 (of the European Convention on Human Rights (ECHR) is engaged. However, we are satisfied that, if we require you to leave the interim accommodation after the expiry of a period of reasonable notice, any interference with your Article 8 rights, can be objectively justified. The Council is satisfied that a decision to terminate an applicant’s licence to occupy interim accommodation is in accordance with the law. It should be seen in the context of the Council’s legitimate aim of needing to provide interim accommodation on behalf of the local authority to accommodate other homeless applicants owed any interim accommodation duty. The Council is satisfied that recovery of possession without a court order is proportionate to that aim because, in the context of the limited interim accommodation resources available to the Council, there is no justification for continuing to accommodate an applicant if their claim for homelessness assistance has been fully investigated and rejected and no interim accommodation duty is owed for any other reason arising out of any other legal decision made by the Council under the Housing Act 1996 Part 7.  
8. This Excluded Licence does not give you, and is not intended to give you, any of the rights, or to impose on you, any obligations of a tenant, nor does it give you the right of exclusive occupation of any particular accommodation or room which you have been given permission to use. Nor is it intended to create the relationship of a Landlord and Tenant. The accommodation allotted to you may be changed from time to time without notice, as the Council directs in order to ensure the efficient management of its interim accommodation resources. Any services (or furniture if provided) of whatever nature may be changed or withdrawn at any time. The Council will retain a key and may enter the interim accommodation unit at any reasonable time to repair or check on your occupation and how you are conducting the licence, or to maintain the property or to provide services.  
9. The Excluded Licence permits you only and any dependents listed in this agreement to occupy the accommodation. You may use the accommodation as living accommodation only and not for any other purpose.

1. You must inform the Council in writing when you leave your accommodation. Failure to do so may result in incur further charges in respect of your accommodation.
2. The Council may terminate this Excluded Licence at any time by giving you reasonable notice in writing and you are required to leave at the end of that notice period. The period of reasonable notice given will depend on the reason for the Council is ending your licence. Please note that in the circumstances where the Council believes that your behaviour has been unacceptable the Council may decide to end this agreement immediately and require you to leave with minimum notice to be decided by the Council based on the facts relating to your unacceptable behaviour.  
3. A written notice to end your excluded licence will have been provided if it is:

• Sent to the designated e-mail address given, or designated mobile phone number given by you to the Council when you applied for homelessness assistance, or

   

• Posted through the letter box (if there is one) or under the door of the interim accommodation unit, or  

• Secured to the front door of the unit.

4. The Council will, upon the expiry of the period of reasonable notice period, take action to gain possession without any further warning. Action will include the changing of locks whilst you, or a member of your household, are not physically present in the property.  
5. If on the expiry date you fail to vacate and return the keys as described above the Council will take action to recover possession of the premises, including the use of bailiffs. Should the Council instruct Bailiffs to obtain possession, the costs incurred will be recharged to the you with a minimum cost of £495.00.
6. Where a child forms part of your household, the Council is under a duty in Section 213A of the 1996 Act to seek the consent of an applicant to refer the facts of the case to Children Services. They will be requested to carry out an assessment under Section 17 of the Children Act 1989 in order to safeguard and promote the welfare of any children found to be ‘a child in need’.  
7. This following Section of the agreement contains examples of the reasons we may end your Excluded Licence. These are for illustrative purposes only to help clarify circumstances where the Council may decide to end this agreement:  

• If the council no longer owes you an interim accommodation duty under Section 188 of the Housing Act 1996 as amended by the Homelessness Reduction Act 2017 where for example you have refused a suitable offer of accommodation made to bring the Section 189B(2) Relief duty to an end, or where you have been required to leave the interim accommodation due to unacceptable behaviour.  

• If the council need to move you to alternative interim accommodation.

• If you refuse any other offer of suitable alternative interim accommodation made.

• Where you fail to pay the occupation charge

• If you or a member of your household do not follow any of the reasonable rules expected of you set out in this agreement. 

   

• This includes where you, or a member of your household, or any visitor has in the reasonable opinion of the Council demonstrated violent behaviour or the threat of violent behaviour, including verbal abuse to a member of staff or any other person in the location of the interim accommodation.

By signing this agreement, you are agreeing to abide by and keep to the rules set down as conditions for granting this interim accommodation licence. Failure to comply may result in the termination of your licence.

Your personal possessions are kept on the premises at your own risk. The following rules apply to you and any members of your household including children, or any visitors to your property:

1. You must not let anyone stay who is not listed in this licence agreement.    
2. You should not store or accumulate excessive rubbish in your accommodation (including any area outside of your property).
3. You must occupy your accommodation as your sole place of residence for you and your family members listed on this Licence.
4. You must tell the Council if you are going to be away for longer than three days.
5. You must comply with all reasonable requests made by Council staff.  
6. You must not use or supply, or allow visitors to have, use or supply, illegal drugs in the accommodation or its locality.
7. You, your household, or any visitors must not cause any noise, nuisance, harassment, annoyance or disturbance to anyone else living in the locality.  
8. You must not smoke in your accommodation.
9. You must not cause damage to your accommodation, fittings and furniture. This includes tampering with fire safety equipment.
10. You must not sub-let the accommodation, take in lodgers or re-assign the licence to other parties.
11. You must pay all charges in respect of water, gas, electricity and Council Tax at the property (if applicable).
12. You must not keep or allow any animal, bird or reptile in your accommodation.
13. You must remove all of your property and belongings when you leave the accommodation, including any rubbish, and leave your accommodation unit in a reasonable state and condition. The Council accepts no responsibility for anything left at the premises by the licensee and reserves the right to dispose of such items without notice.
14. You must not remove any white goods, furniture, or other items supplied by the accommodation provider or WNC from the premises. All such items must remain in the accommodation unit upon your departure.
15. You must return the keys to the Council on the day of departure, or you will be charged for any change of locks.
16. You must not use your accommodation for any business-related activity.  
17. You must allow access to your accommodation unit for all persons authorised by the Council. The Council will aim to give 24 hours’ notice prior to an inspection and will retain a key and allow people to enter your accommodation to inspect and/or to:

• Inspect the condition of your accommodation or to carry out repairs or other works to the property or adjoining accommodation.

• Access is required to check the safety and welfare of the licensee or any household members where the Council has reasonable grounds for concern.

• Access is required to recover possession if the Council requires you to leave and any reasonable notice period has expired.

NB. The Council may enter the accommodation without any notice where there are safety, welfare or compliance concerns.

This section is applicable only if you receive notification that the Council has accepted a Section 193 ‘Main’ homelessness duty to you under Section 193(2) of the Housing Act 1996, or under section 193C(4) of that Act.    

1. If you receive a notification (called a Section 184 notification) that the Council has accepted a ‘main’ accommodation duty to you under Section 193 of the Housing Act 1996 then, from the point the Council notify you that the Section 189B(2) ‘Relief of Homelessness duty’ has been brought to an end you will then be owed either a main accommodation duty under Section 193(2) of the Housing Act 1996, or a Section 193C(4) duty (in the circumstances where the relief duty has ended through your deliberate non-cooperation with the steps that the Council required you to take). If you receive such a notification, then from the date of that notification you will no longer be occupying your accommodation under an interim accommodation excluded licence.  
2. From the date you receive this Section 184 notification that you are owed a section 193-accommodation duty you will then be considered as occupying your accommodation with the status of an ‘unprotected non-secure licensee’.  
3. The temporary accommodation ‘non-secure licence’ that has been created can only be terminated through the issuing of 28 days’ notice following which, if you fail to vacate your accommodation, possession will be obtained through a court order.  
4. If you do not understand or require further explanation of anything in this agreement you should first contact the Council. You may contact a Citizens Advice Bureau, Housing Advice Service, or a Solicitor for independent advice concerning any aspect of this agreement.