England and Wales · Homelessness procedures
When can an earlier private offer support a local-connection referral?
Section 198(2ZA) considers an application made within two years beginning with acceptance of the other authority qualifying private rented sector offer. The domestic-abuse and related violence safeguards remain separate conditions.
- Period
- Two years beginning with acceptance, together with domestic-abuse and violence safeguards
- Trigger
- Applicant acceptance of a qualifying offer from the other authority
- Rule
- Housing Act 1996, section 198
Current England Housing Act 1996, section 198 and supporting official sources retained October 8, 2026. May 1, 2026 scope-limited tenancy commencement and explicit saving must be established before applying parallel amended text.
Source guide · No automated date
Check the applicable procedure
The generic two-year anniversary excludes the inclusive acceptance date and cannot establish the other-authority offer or mandatory risk safeguards. It is not a universal referral authorization date.
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When can an earlier private offer support a local-connection referral?
Section 198(2ZA) considers an application made within two years beginning with acceptance of the other authority qualifying private rented sector offer. The domestic-abuse and related violence safeguards remain separate conditions.
Responsible actor. The authority considering referral to the authority that made the earlier private rented sector offer.
Identify the other authority qualifying offer and acceptance.
The ordinary local-connection route under section 198(2) and the private-offer route under subsection (2ZA) have different gateways but both require their risk conditions.
This England referral alternative is not an automatic duty to refer. The authority must establish the earlier offer, current application, applicable tenancy history and statutory risk protections.
Housing Act 1996, section 198How does this provision count time?
- Identify the other authority qualifying offer and acceptance.
- Check the application within the inclusive two years.
- Assess domestic-abuse and applicable further violence safeguards.
Include the acceptance day in the two-year window. For an established October 8, 2025 acceptance, the inclusive window ordinarily ends October 7, 2027.
A substantive referral condition does not gain a court-office holiday extension. The actual application date and risk conditions govern the statutory assessment.
Housing Act 1996, section 198Which facts prevent one automatic date?
The generic two-year anniversary excludes the inclusive acceptance date and cannot establish the other-authority offer or mandatory risk safeguards. It is not a universal referral authorization date.
Applicant acceptance of a qualifying offer from the other authority is established as 2025-10-08. Include the acceptance day in the two-year window. For an established October 8, 2025 acceptance, the inclusive window ordinarily ends October 7, 2027. On the expressly established branch, the conditional period endpoint is 2027-10-07. Identify the earlier offer-making authority and acceptance evidence. Record the present application and assess risk before relying on this alternative referral condition.
Applicant acceptance of a qualifying offer from the other authority is established as 2025-10-10; distinguish authority and court obligations. A substantive referral condition does not gain a court-office holiday extension. The actual application date and risk conditions govern the statutory assessment. The conditional statutory or ordinary threshold is 2027-10-09. This guide supplies no automatic carry. Any court-office or effective-service adjustment requires its exact legal conditions.
The two-year timing condition is met but returning to the other district creates the specified domestic-abuse risk. Section 198(2ZA)(b) is a separate condition. Do not treat an in-window date as conclusive permission to refer.
Which conditions and exceptions apply?
- Applicable statutory procedure
- This England referral alternative is not an automatic duty to refer. The authority must establish the earlier offer, current application, applicable tenancy history and statutory risk protections.
- Material branch
- Section 198(2ZA)(b) is a separate condition. Do not treat an in-window date as conclusive permission to refer.
- Required completion
- Identify the earlier offer-making authority and acceptance evidence. Record the present application and assess risk before relying on this alternative referral condition.
- This England referral alternative is not an automatic duty to refer. The authority must establish the earlier offer, current application, applicable tenancy history and statutory risk protections.
- The ordinary local-connection route under section 198(2) and the private-offer route under subsection (2ZA) have different gateways but both require their risk conditions.
What must the responsible actor complete?
Questions about this procedure
When can an earlier private offer support a local-connection referral?
Does a private-offer acceptance automatically require referral?
No. Section 198 uses a power to notify another authority and requires the relevant statutory conditions.
Housing Act 1996, section 198Must the earlier offer come from the authority now being considered for referral?
Section 198(2ZA)(a) identifies acceptance of an offer from that other authority under section 193(7AA).
Housing Act 1996, section 198Is the acceptance date included in the referral two-year window?
Yes. The statutory period begins with that date, rather than beginning on the next day.
Housing Act 1996, section 198Does the private-offer route remove domestic-abuse protection?
No. Section 198(2ZA)(b) requires that the applicant and relevant household members will not run the risk of domestic abuse in that district.
Housing Act 1996, section 198Can other violence also prevent referral?
Section 198(2A) addresses prior non-domestic violence and probable further violence of a similar kind in the other district.
Housing Act 1996, section 198Is this referral two-year route identical to saved section 195A reapplication?
No. The provisions have distinct functions and conditions. A saved section 195A branch does not itself prove the section 198 referral conditions.
Housing Act 1996, section 198Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Housing Act 1996, section 198 | Check the identified procedure, event, counting rule or qualification |
| Housing Act 1996, section 195A | Check the identified procedure, event, counting rule or qualification |
| Housing Act 1996, section 202 | Check the identified procedure, event, counting rule or qualification |
| SI 2026/421, regulations 2 and 10 | Check the identified procedure, event, counting rule or qualification |