Main housing duty — the strongest obligation
Main housing duty (s.193 Housing Act 1996) — the council's principal duty to provide accommodation. Arises after the 56-day relief duty fails, if you have priority need. It's not necessarily permanent — can be temporary, then a social housing offer or PRSO. Accommodation must be suitable. The council can only end main duty in one of 6 ways — all require written notice + a right to review.
4 conditions for main duty
All four must be satisfied (51% balance of probabilities) — otherwise main duty doesn't arise.
What the council must do under main duty
«Secure that accommodation is available for occupation by the applicant» (s.193(2)).
- Accommodation may be not permanent — temporary accommodation lawful for years
- Accommodation may be council-owned or leased from a third party (Serco, Mears, Clearsprings, private landlords)
- Accommodation must remain suitable continuously (Birmingham CC v Ali [2009] UKHL 36)
- In its own district, so far as reasonably practicable (s.208) — Nzolameso test
Suitability — what makes accommodation «suitable»
Suitability of Accommodation Order 2003: B&B (hotel / hostel with shared kitchen / facilities) is not suitable for families with children or pregnant women beyond 6 weeks. Only in exceptional circumstances.
Beyond 6 weeks — automatic breach. LGSCO compensation tariff: £100-200/week for the period of unlawful B&B. Complaint → /en/homelessness/complaints/
6 ways to end main duty
Council cannot just «cancel» main duty. It can only end it by written notice on one of these grounds. Each requires: notification of consequences, right to s.202 review.
Conditions: council must have warned in writing of the consequences of refusal + informed of the right to review suitability + been objectively satisfied that accommodation is suitable.
Includes: loss of eligibility (immigration status changed), intentionally homeless from accommodation provided by the council, accept social housing (Part 6) or assured tenancy, voluntarily ceased to occupy as your principal home.
Final offer of social housing. Written warning + right to review + suitability test + reasonable acceptable.
AST of 12+ months in private rental. Acceptance is optional, but refusal of suitable PRSO will end main duty. Safety net: s.195A — if you become homeless again within 2 years, main duty re-arises without checking priority need. Read more →
If you don't take the steps in your Personal Housing Plan. Must have written warning + reasonable period to comply. Then a separate notice.
You withdrew the application in writing, or the council took reasonable steps to contact you and could not.
What if main duty ends
Council no longer owes accommodation. Re-application requires material change of circumstances (R v Harrow ex p Fahia [1998] UKHL).
Exception for PRSO route (s.195A): if you become homeless again within 2 years through no fault of your own, main duty re-arises automatically, even without priority need. This is a strong protection.
If the council found you intentionally homeless from accommodation under main duty — you move to the much weaker s.190 duty (advice + temp accommodation for a reasonable period only).
Common failures
Frequently asked questions
When does main duty arise?
When the council is satisfied (51% balance of probabilities) that you are: (1) eligible, (2) homeless under s.175, (3) in priority need, (4) not intentionally homeless. All 4 conditions are required. Decision in writing (s.184) with right to s.202 review within 21 days.
Is main duty permanent housing?
No. It can be temporary accommodation for years. Council ends the duty in one of 6 ways: social housing offer, PRSO (12+ month AST), refusal of suitable offer, intentionally homeless from accommodation provided, loss of eligibility, withdrawal.
Maximum B&B for a family with children?
6 weeks — Suitability of Accommodation Order 2003. Beyond that, breach. LGSCO awards £100-200 per week compensation. Same for pregnant women.
The council says «take this flat or lose main duty». What can I do?
Don't refuse verbally. You can accept under protest + simultaneously request s.202(1)(f) review of suitability. You have 21 days. Refuse without review and you really lose the duty. See /en/homelessness/reviews-and-appeals/.
The council offered a flat in another city. Can I refuse?
Only if it isn't suitable (by location, schools, work, health, family ties — Nzolameso v Westminster). Again, accept under protest + review. See /en/homelessness/out-of-area/.