AGREEMENT TO PROVIDE YOU WITH AN EXCLUDED LICENCE TO OCCUPY INTERIM

ACCOMMODATION

This Excluded Interim Accommodation License Agreement ("this Agreement") is made on 26th
March 2024 between Thurrock Council

and Ms Oluwaseun Ogunsola (“You” “the Occupant/s”)

*Note: Where two or more persons are excluded licensees, this agreement applies to you both jointly
and individually.

In respect of the address known as

83 Celandine Close, South Ockendon, Essex, RM15 6JB
(“The interim accommodation unit”) which is A HOUSE LEASED A UNIT OF
COUNCIL ACCOMMODATION LET AS TEMPORARY ACCOMMODATION

The Council agrees to let and the licensee agrees to take the accommodation offered on a weekly
excluded license from 26th March 2024 until the expiry of any notice. The granting of this license is
strictly subject to the following terms and conditions.

THE EXCLUDED LICENSEES RESPONSIBILITIES:

1: TO PAY THE EXCLUDED LICENCE OCCUPATION CHARGE

You must pay a total occupation charge of £145.39 per week.

The total occupation charge per week is made up of:

a) Charge for Occupying the interim accommodation unit = £

b) Plus any Service Charge eligible for Housing Benefit/Universal Credit (if
your claim is successful) = £145.39

c) Plus any Personal Service Charge not eligible for housing benefit/housing
costs under Universal Credit = £

The Total Occupation Charge for the interim accommodation is £145.39

1) You are responsible for the total occupation charge for your accommodation and
the Council may alter the charge by giving you not less than 7 days’ notice in
writing.

2) We will have checked that the charge is affordable for you to pay taking into
account your income from any work, benefits or savings.

3) You may be eligible to receive Housing Benefit (or, Universal Credit if you are a
claimant dealt with under the rules for Universal Credit) and you must make a
claim for Housing Benefit/Housing Costs immediately the Council places you into
this accommodation. The Council’s Placing Officer will explain how to claim any
Housing Benefit/Housing Costs Benefit.
4) If you are in receipt of Job Seekers Allowance (income based) or Income
Support, Housing Benefit once claimed and assessed should meet the
occupation charge and any service charge eligible for housing benefit but will not
meet the cost of any personal service charge not eligible for housing benefit and
if such a charge is applicable to your unit of accommodation. There are some
charges that are not able to be paid through Housing Benefit and are required to
be paid by you. These charges are not applicable to every type or unit of interim
accommodation provided by the Council. The Placement Officer will explain if you
need to pay a personal service charge and, if so, how much this will be. Any
personal service charge will be identified in the breakdown of the Occupation
Charge set out above.

5) If you work and are not in receipt of Job Seekers Allowance (income based) or
Income Support but you still qualify for some Housing Benefit the amount you
personally will need to pay will be the difference between your assessed
entitlement of Housing Benefit and the full charge.

6) 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, because your income or
savings are above the threshold to qualify, 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 or complete a successful claim for
Housing Benefit or until your claim is assessed.

7) If you do not qualify for full housing benefit because of any other rule, for example
you may have the amount of benefit restricted by the benefit cap rules; the
Council will assess and will notify you as to what is a reasonable charge we
expect you to pay.

8) Below is set out the methods of payment where housing benefit does not meet or
is not expected to meet the full Occupation Charge

The Council should list the methods of payment here.

Your payment reference number is: 1601214689

*98265158000016012146896*

ON LINE: Using your debit/credit card at www.thurrock.gov.uk/pay. You can pay

online 24 hours a day, 7 days a week. You will need your 10 digit account
reference number reference as well as your debit/credit card.

POST OFFICE OR PAYPOINT: You can pay free of charge over the counter at any
Post Office or at any Paypoint using the above barcode

BY TELEPHONE: You can pay by debit/credit card over the telephone by calling
01375 652127 - 24 hours per day. You will need your 10 digit account reference
number.
2: IMPORTANT INFORMATION CONCERNING YOUR EXCLUED LICENCE TO
OCCUPY THE INTERIM ACCOMMODATION UNIT

The legal position regarding occupation of your accommodation

1) This excluded licence to occupy interim accommodation (technically called

section188 Housing Act 1996 accommodation) is not granted for the purpose of
using the premises as a tenancy. It is granted to provide you with
accommodation for a short period of time whilst:
a) 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.
b) Whilst we owe you a Section 189B(2) Relief of Homelessness duty
c) To meet any duty or power under the Housing Act 1996 Part 7 as amended
by the Homelessness Reduction Act 2017 where that 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 owe you a duty under
section 193 of the Housing Act 1996 part 7.

2) 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:
a) Where interim section 188 accommodation has been provided to whilst the
Council performs the ‘relief of homelessness Section 189B(2) Duty
b) Where the Section 189B Relief duty has come to an end and a main
homelessness duty is owed under Section 193(2)
c) Where the Section 189B(2) duty has come to an end due to an applicant’s
deliberate failure to cooperate with the steps in their Section 189a
personalised Plan and the Council decide a duty is owed under Section
193C(4)
d) Where the Council has exercised its power to provide accommodation
pending a review decision (section 188(3) power),
e) Any temporary accommodation provided if the relief duty has come to an end
and if an applicant is owed a section 190 Intentionally homeless temporary
accommodation duty to provide them with a reasonable opportunity to secure
alternative accommodation for occupation (section 190(2) duty),
f) Any temporary Accommodation provided pending a possible referral to
another authority at either the ‘relief stage’ (Section 199A (2) interim
accommodation duty), or at the Main Duty stage (section 200(1) interim
accommodation duty),
g) Any interim accommodation provided pending the outcome of a section 204
appeal, or referral under 204(1) or 200(1)
h) Any accommodation provided outside of the section 195(2) or Section 189B
(2) where the Council has exercised a power under the Localism Act 2015 to
provide accommodation

3) This licence is granted on a weekly basis allowing the local authority to decide to
transfer you to alternative interim accommodation at short notice or, if they need
to transfer you urgently for any reason, with no notice. There is no intention by
 the Council through this agreement to create a “dwelling” under the Protection
from Eviction Act or the Rent Act 1977 so to require the issuing of court
proceedings and the need to obtain a court order to evict you from the
accommodation we have given you permission (a licence) to occupy. To require
a court order would mean the unit of accommodation you occupy would be
unavailable and would disadvantage other homeless applicants we owe an
interim accommodation duty to whilst we assess their case.

4) 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 under section 188 Housing Act 1996 is not
accommodation “occupied as a dwelling under a licence” for the purposes of ss.3
and 5 of the Protection From Eviction Act and therefore the Council is entitled to
evict a licensee from s.188 accommodation without first obtaining a court order.
This ruling also applies to any temporary accommodation provided to meet any
duty (see point 2 (a-h) above for details of temporary accommodation provided
under a duty or power where the Council is satisfied that you remain an excluded
licensee

5) You should note that the Council recognizes that your Article 8 of the European
Convention on Human Rights (ECHR) is engaged, but is satisfied that any
interference with your Article 8 rights, if we require you to leave the interim
accommodation after the expiry of a period of reasonable notice, can be
objectively justified. The Council is satisfied that the termination of an
unsuccessful applicant’s license to occupy s.188 accommodation is in
accordance with the law and pursues the legitimate aim of needing to provide
interim accommodation on behalf of the local authority to accommodate other
homeless applicants owed an 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.

6) This Excluded License 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
furniture or services (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 license, or to provide services.
7) The Excluded License permits you only and any dependants listed below in this
agreement to occupy the accommodation. You may use the accommodation as
living accommodation only and not for any other purpose.

Names of the persons permitted to occupy the accommodation provided.

Full name Date of Birth This will indicate if the person

is a joint licensee or the

relationship to the license holder

OLUWASEUN OGUNSOLA 24/11/1980 LICENSEE

OLUWAKEMI ABBAS 12/02/2004 DAUGHTER
MIRACLE ABBAS 13/01/2008 DAUGHTER

3: TERMINATION OF THIS EXCLUDED INTERIM ACCOMMODATION LICENCE AGREEMENT

1) You may end this Excluded License Agreement at any time by giving to the
Council not less than 24 hours’ notice in writing directly to the council using the
e-mail notification address provided below.

2) The Council may terminate this Excluded License at any time by giving you
reasonable notice in writing and you must leave at the end of that notice. The
period of reasonable notice we will grant you will depend on the reason why the
Council has ended your license. In the circumstances where the Council believes
that your behavior has been unacceptable the Council may end the excluded
license agreement immediately and require you to leave without notice.

3) Written notice to end your excluded license will have been provided if it is:
a. Sent to the designated e-mail address given or designated mobile
phone number given by you and consented as being the primary
means of contact between the Council and yourself when you applied
for homelessness assistance, or
b. Posted through the letter box (if there is one) or under the door of the
interim accommodation unit
c. Secured to the front door of the unit

4) The Council will then upon expiry of any reasonable notice period regain
possession with no further notice to you through every lawful means possible
including the changing of locks whilst you are not physically in occupation of the
unit.

5) 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 the social services authority or department. That authority or
department will carry out an assessment of the children’s needs as part of its
general duty under section 17 of the Children Act 1989 to promote the welfare of
children in need. The assessment will set out any help that may be given to you
in seeking alternative accommodation and if you do not find alternative
accommodation, the authority would need to consider any accommodation needs
of your children.

6) This section of the agreement contains examples of the reasons we may end
your Excluded License. These are for illustrative purposes only to help clarify in
what circumstances the Council are likely to end the 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
your unacceptable behavior.
 If the council need to move you to alternative interim accommodation.
 If you refuse any other offer of suitable alternative interim accommodation
made at any time.
 Where you fail to pay the occupation charge, or if you break any of the rules
set down in this license agreement or if you do not follow any reasonable
rules expected of you and explained to you when you accepted the license for
the interim accommodation, whether those rules have provided in writing or
verbally explained to you and whether or not those rules are contained in this
written excluded license occupancy agreement.
 If you or a member of your household or any visitor has in the reasonable
opinion of the Council demonstrated violent behavior or the threat of violent
behavior, including verbal abuse to a member of staff or any other person in
the location of the interim accommodation.
4: THE LEGAL POSITION REGARDING OCCUPATION OF YOUR ACCOMMODATION IF THE
COUNCIL ACCEPT AN ACCOMMODATION DUTY TO YOU UNDER SECTION 193(2) OF THE
HOUSING ACT 1996

Applicable only if you occupied under an excluded license self-contained interim

accommodation that is owned, or leased by the Council from a private landlord, and where you
have received notification that the Council has accepted a Section 193 homelessness duty to
you under section 193(2) of the Housing Act 1996.

1. If you receive a notification (called a section 184 notification that the Council has
accepted an accommodation duty to you under section 193 of the Housing Act
1996 then from the point the Section 189B(2) Relief of Homelessness duty
comes 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 from that point you will no longer be occupying your
accommodation under an interim accommodation duty.
2. The excluded license that you were granted ‘falls away’ immediately you receive
a written notification (a section 184 notification) stating that the Council has
accepted a duty to you under section 193 of the Housing Act 1996. From the date
you receive the positive section 184 notification that you are owed a section 193
duty you will occupy the accommodation as an unprotected non-secure tenant.

3. This temporary accommodation unprotected non-secure tenancy can then only

be terminated through the issuing of 28 days’ notice after which if fail to vacate
your accommodation possession will be obtained through a court order. Please
note no grounds for possession is required to be proven in court.

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 or Legal Aid Centre or a Solicitor for independent advice
concerning any aspect of this agreement.

5: The rules you must agree to and follow for the Council to grant this
Excluded License for Interim Accommodation

By signing this agreement you are agreeing to abide by and keep to the rules set for
giving you permission to occupy the interim accommodation.

Any further rules not contained in this excluded license agreement will be given to or
explained verbally when you are placed, shown or sign the license for the
accommodation. The rules in this license agreement apply to the licensee and any
members of the licensee’s family including children.
The rules are:

a) You must not let anyone stay who is not listed in this license agreement
b) You should not store or accumulate rubbish in your accommodation and you
should deposit all rubbish in the bins provided.
c) You must use and occupy your accommodation as your only accommodation for
you and any other family members that the council agree can live with you in the
interim accommodation.
d) You must tell the Council if you are going to be away for longer than one week.
e) You must comply with all reasonable requests made by Council staff
f) You must not use or supply, or allow visitors to have, use or supply, illegal drugs
in the accommodation or its locality.
g) You or any visitors must not cause any nuisance, harassment, annoyance or
disturbance to anyone else living in the locality.
h) You must not cause damage to your accommodation, fittings and furniture.
i) You must not keep or allow any animal, bird or reptile in your accommodation.
j) You must when you leave remove all of your property and belongings, 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.
k) You must return the keys to the Council on the day of departure or you will be
charged for any change of locks
l) Note: Your personal possessions are kept on the premises at your own risk
m) You must allow access to your accommodation unit for all persons authorised by
the Council. The Council will retain a key and allow people to enter your
accommodation to inspect and/or to:

1. Check its condition and/or to inspect it for re-letting

2. Access is required to inspect the condition of your accommodation or to carry
out repairs or other works to the Property or adjoining accommodation.
3. Access is required to check the safety and welfare of the licensee or any
household members where the Council has reasonable grounds for concern.
4. Access is required to recover possession if the Council requires you to leave
and any reasonable notice period has expired.

6: SIGNING THE AGREEMENT

I/We agree to the terms of this Excluded License Agreement.

In signing this Agreement, I confirm that all the information I have given the Council including any

information provided in any housing application that has resulted in me being granted a license is true

and has not changed since I gave that information.

Signed by the Licensee ………………………………………….

OLUWASEUN OGUNSOLA

Date…………………………………………………
26/03/2024

Signed on behalf of the Council ……AFAYOKUN……………………………….

Position: …ACCOMMONDATION OFFICER………………………………………

Date………26/03/2024……………………………………….