Office of Public Sector Information
PART VII continued
(1) If the local housing authority would be subject to the duty under section 193 (accommodation for those with priority need who are not homeless intentionally) but consider that the conditions are met for referral of the case to another local housing authority, they may notify that other authority of their opinion.
The authority need not consider under section 197 whether other suitable accommodation is available before proceeding under this section.
(2) The conditions for referral of the case to another authority are met if—
(a) neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,
(b) the applicant or a person who might reasonably be expected to reside with him has a local connection with the district of that other authority, and
(c) neither the applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic violence in that other district.
(3) For this purpose a person runs the risk of domestic violence—
(a) if he runs the risk of violence from a person with whom he is associated, or
(b) if he runs the risk of threats of violence from such a person which are likely to be carried out.
(4) The conditions for referral of the case to another authority are also met if—
(a) the applicant was on a previous application made to that other authority placed (in pursuance of their functions under this Part) in accommodation in the district of the authority to whom his application is now made, and
(b) the previous application was within such period as may be prescribed of the present application.
(5) The question whether the conditions for referral of a case are satisfied shall be decided by agreement between the notifying authority and the notified authority or, in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order.
(6) An order may direct that the arrangements shall be—
(a) those agreed by any relevant authorities or associations of relevant authorities, or
(b) in default of such agreement, such arrangements as appear to the Secretary of State to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.
(7) No such order shall be made unless a draft of the order has been approved by a resolution of each House of Parliament.
(1) A person has a local connection with the district of a local housing authority if he has a connection with it—
(a) because he is, or in the past was, normally resident there, and that residence is or was of his own choice,
(b) because he is employed there,
(c) because of family associations, or
(d) because of special circumstances.
(2) A person is not employed in a district if he is serving in the regular armed forces of the Crown.
(3) Residence in a district is not of a person’s own choice if—
(a) he becomes resident there because he, or a person who might reasonably be expected to reside with him, is serving in the regular armed forces of the Crown, or
(b) he, or a person who might reasonably be expected to reside with him, becomes resident there because he is detained under the authority of an Act of Parliament.
(4) In subsections (2) and (3) “regular armed forces of the Crown” means the Royal Navy, the regular forces as defined by section 225 of the [1955 c. 18.] Army Act 1955, the regular air force as defined by section 223 of the [1955 c. 19.] Air Force Act 1955 and Queen Alexandra’s Royal Naval Nursing Service.
(5) The Secretary of State may by order specify other circumstances in which—
(a) a person is not to be treated as employed in a district, or
(b) residence in a district is not to be treated as of a person’s own choice.
(1) Where a local housing authority notify an applicant that they intend to notify or have notified another local housing authority of their opinion that the conditions are met for the referral of his case to that other authority—
(a) they cease to be subject to any duty under section 188 (interim duty to accommodate in case of apparent priority need), and
(b) they are not subject to any duty under section 193 (the main housing duty),
but they shall secure that accommodation is available for occupation by the applicant until he is notified of the decision whether the conditions for referral of his case are met.
(2) When it has been decided whether the conditions for referral are met, the notifying authority shall notify the applicant of the decision and inform him of the reasons for it.
The notice shall also inform the applicant of his right to request a review of the decision and of the time within which such a request must be made.
(3) If it is decided that the conditions for referral are not met, the notifying authority shall secure that accommodation is available for occupation by the applicant until they have considered whether other suitable accommodation is available for his occupation in their district.
If they are satisfied that other suitable accommodation is available for his occupation in their district, section 197(2) applies; and if they are not so satisfied, they are subject to the duty under section 193 (the main housing duty).
(4) If it is decided that the conditions for referral are met, the notified authority shall secure that accommodation is available for occupation by the applicant until they have considered whether other suitable accommodation is available for his occupation in their district.
If they are satisfied that other suitable accommodation is available for his occupation in their district, section 197(2) applies; and if they are not so satisfied, they are subject to the duty under section 193 (the main housing duty).
(5) The duty under subsection (1), (3) or (4) ceases as provided in that subsection even if the applicant requests a review of the authority’s decision (see section 202).
The authority may continue to secure that accommodation is available for the applicant’s occupation pending the decision on a review.
(6) Notice required to be given to an applicant under this section shall be given in writing and, if not received by him, shall be treated as having been given to him if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.
Sections 198 and 200 (referral of application to another local housing authority and duties to applicant whose case is considered for referral or referred) apply—
(a) to applications referred by a local authority in Scotland in pursuance of sections 33 and 34 of the [1987 c. 26.] Housing (Scotland) Act 1987, and
(b) to persons whose applications are so transferred,
as they apply to cases arising under this Part (the reference in section 198 to this Part being construed as a reference to Part II of that Act).
(1) An applicant has the right to request a review of—
(a) any decision of a local housing authority as to his eligibility for assistance,
(b) any decision of a local housing authority as to what duty (if any) is owed to him under sections 190 to 193 and 195 to 197 (duties to persons found to be homeless or threatened with homelessness),
(c) any decision of a local housing authority to notify another authority under section 198(1) (referral of cases),
(d) any decision under section 198(5) whether the conditions are met for the referral of his case,
(e) any decision under section 200(3) or (4) (decision as to duty owed to applicant whose case is considered for referral or referred), or
(f) any decision of a local housing authority as to the suitability of accommodation offered to him in discharge of their duty under any of the provisions mentioned in paragraph (b) or (e).
(2) There is no right to request a review of the decision reached on an earlier review.
(3) A request for review must be made before the end of the period of 21 days beginning with the day on which he is notified of the authority’s decision or such longer period as the authority may in writing allow.
(4) On a request being duly made to them, the authority or authorities concerned shall review their decision.
(1) The Secretary of State may make provision by regulations as to the procedure to be followed in connection with a review under section 202.
Nothing in the following provisions affects the generality of this power.
(2) Provision may be made by regulations—
(a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and
(b) as to the circumstances in which the applicant is entitled to an oral hearing, and whether and by whom he may be represented at such a hearing.
(3) The authority, or as the case may be either of the authorities, concerned shall notify the applicant of the decision on the review.
(4) If the decision is—
(a) to confirm the original decision on any issue against the interests of the applicant, or
(b) to confirm a previous decision—
(i) to notify another authority under section 198 (referral of cases), or
(ii) that the conditions are met for the referral of his case,
they shall also notify him of the reasons for the decision.
(5) In any case they shall inform the applicant of his right to appeal to a county court on a point of law, and of the period within which such an appeal must be made (see section 204).
(6) Notice of the decision shall not be treated as given unless and until subsection (5), and where applicable subsection (4), is complied with.
(7) Provision may be made by regulations as to the period within which the review must be carried out and notice given of the decision.
(8) Notice required to be given to a person under this section shall be given in writing and, if not received by him, shall be treated as having been given if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.
(1) If an applicant who has requested a review under section 202—
(a) is dissatisfied with the decision on the review, or
(b) is not notified of the decision on the review within the time prescribed under section 203,
he may appeal to the county court on any point of law arising from the decision or, as the case may be, the original decision.
(2) An appeal must be brought within 21 days of his being notified of the decision or, as the case may be, of the date on which he should have been notified of a decision on review.
(3) On appeal the court may make such order confirming, quashing or varying the decision as it thinks fit.
(4) Where the authority were under a duty under section 188, 190 or 200 to secure that accommodation is available for the applicant’s occupation, they may continue to secure that accommodation is so available—
(a) during the period for appealing under this section against the authority’s decision, and
(b) if an appeal is brought, until the appeal (and any further appeal) is finally determined.
(1) The following sections have effect in relation to the discharge by a local housing authority of their functions under this Part to secure that accommodation is available for the occupation of a person—
section 206 (general provisions),
section 207 (provision of accommodation by authority),
section 208 (out-of-area placements),
section 209 (arrangements with private landlord).
(2) In those sections those functions are referred to as the authority’s “housing functions under this Part”.
(1) A local housing authority may discharge their housing functions under this Part only in the following ways—
(a) by securing that suitable accommodation provided by them is available,
(b) by securing that he obtains suitable accommodation from some other person, or
(c) by giving him such advice and assistance as will secure that suitable accommodation is available from some other person.
(2) A local housing authority may require a person in relation to whom they are discharging such functions—
(a) to pay such reasonable charges as they may determine in respect of accommodation which they secure for his occupation (either by making it available themselves or otherwise), or
(b) to pay such reasonable amount as they may determine in respect of sums payable by them for accommodation made available by another person.
(1) A local housing authority shall not under section 206(1)(a) discharge their housing functions under this Part by providing accommodation other than—
(a) accommodation in a hostel within the meaning of section 622 of the [1985 c. 68.] Housing Act 1985, or
(b) accommodation leased to the authority as mentioned in subsection (2) below,
for more than two years (continuously or in aggregate) in any period of three years.
This applies irrespective of the number of applications for accommodation or assistance in obtaining accommodation made by the person concerned.
(2) The accommodation referred to in subsection (1)(b) is accommodation—
(a) leased to the authority with vacant possession for use as temporary housing accommodation on terms which include provision for the lessor to obtain vacant possession from the authority on the expiry of a specified period or when required by the lessor,
(b) the lessor of which is not an authority or body within section 80(1) of the [1985 c. 68.] Housing Act 1985 (the landlord condition for secure tenancies), and
(c) in which the authority have no interest other than under the lease in question or as a mortgagee.
(3) The authority shall not discharge such functions in relation to a person who—
(a) normally resides with another person as a member of his family, or
(b) might reasonably be expected to reside with another person,
in such a way that subsection (1) would be contravened if the functions were discharged in relation to that other person.
(4) The Secretary of State may, on the application of a local housing authority, by direction exclude or modify the operation of subsection (1) in relation to that authority if it appears to him that the authority will not otherwise be able reasonably to discharge their housing functions under this Part.
(5) Any such direction shall have effect only—
(a) with respect to applicants of a description specified in the direction, and
(b) for a period specified in the direction, which shall not exceed one year,
and may be expressed to have effect subject to any conditions specified in the direction.
(6) Where the Secretary of State gives or has given a direction under subsection (4), he may give the authority such directions as he considers appropriate as to the discharge of their housing functions under this Part in cases affected by the direction having or ceasing to have effect.
(1) So far as reasonably practicable a local housing authority shall in discharging their housing functions under this Part secure that accommodation is available for the occupation of the applicant in their district.
(2) If they secure that accommodation is available for the occupation of the applicant outside their district, they shall give notice to the local housing authority in whose district the accommodation is situated.
(3) The notice shall state—
(a) the name of the applicant,
(b) the number and description of other persons who normally reside with him as a member of his family or might reasonably be expected to reside with him,
(c) the address of the accommodation,
(d) the date on which the accommodation was made available to him, and
(e) which function under this Part the authority was discharging in securing that the accommodation is available for his occupation.
(4) The notice must be in writing, and must be given before the end of the period of 14 days beginning with the day on which the accommodation was made available to the applicant.
(1) This section applies where in pursuance of any of their housing functions under this Part a local housing authority make arrangements with a private landlord to provide accommodation.
For this purpose a “private landlord” means a landlord who is not within section 80(1) of the [1985 c. 68.] Housing Act 1985 (the landlord condition for secure tenancies).
(2) If the housing function arises under section 188, 190, 200, or 204(4) (interim duties), a tenancy granted in pursuance of the arrangements to a person specified by the authority cannot be an assured tenancy before the end of the period of twelve months beginning with—
(a) the date on which the applicant was notified of the authority’s decision under section 184(3) or 198(5), or
(b) if there is a review of that decision under section 202 or an appeal to the court under section 204, the date on which he is notified of the decision on review or the appeal is finally determined,
unless, before or during that period, the tenant is notified by the landlord (or, in the cases of joint landlords, at least one of them) that the tenancy is to be regarded as an assured shorthold tenancy or an assured tenancy other than an assured shorthold tenancy.
A registered social landlord cannot serve such a notice making such a tenancy an assured tenancy other than an assured shorthold tenancy.
(3) Where in any other case a tenancy is granted in pursuance of the arrangements by a registered social landlord to a person specified by the authority—
(a) the tenancy cannot be an assured tenancy unless it is an assured shorthold tenancy, and
(b) the landlord cannot convert the tenancy to an assured tenancy unless the accommodation is allocated to the tenant under Part VI.
(1) In determining for the purposes of this Part whether accommodation is suitable for a person, the local housing authority shall have regard to Parts IX, X and XI of the Housing Act 1985 (slum clearance; overcrowding; houses in multiple occupation).
(2) The Secretary of State may by order specify—
(a) circumstances in which accommodation is or is not to be regarded as suitable for a person, and
(b) matters to be taken into account or disregarded in determining whether accommodation is suitable for a person.
(1) This section applies where a local housing authority have reason to believe that—
(a) there is danger of loss of, or damage to, any personal property of an applicant by reason of his inability to protect it or deal with it, and
(b) no other suitable arrangements have been or are being made.
(2) If the authority have become subject to a duty towards the applicant under—
section 188 (interim duty to accommodate),
section 190, 193 or 195 (duties to persons found to be homeless or threatened with homelessness), or
section 200 (duties to applicant whose case is considered for referral or referred),
then, whether or not they are still subject to such a duty, they shall take reasonable steps to prevent the loss of the property or prevent or mitigate damage to it.
(3) If they have not become subject to such a duty, they may take any steps they consider reasonable for that purpose.
(4) The authority may decline to take action under this section except upon such conditions as they consider appropriate in the particular case, which may include conditions as to—
(a) the making and recovery by the authority of reasonable charges for the action taken, or
(b) the disposal by the authority, in such circumstances as may be specified, of property in relation to which they have taken action.
(5) References in this section to personal property of the applicant include personal property of any person who might reasonably be expected to reside with him.
(6) Section 212 contains provisions supplementing this section.
(1) The authority may for the purposes of section 211 (protection of property of homeless persons or persons threatened with homelessness)—
(a) enter, at all reasonable times, any premises which are the usual place of residence of the applicant or which were his last usual place of residence, and
(b) deal with any personal property of his in any way which is reasonably necessary, in particular by storing it or arranging for its storage.
(2) Where the applicant asks the authority to move his property to a particular location nominated by him, the authority—
(a) may, if it appears to them that his request is reasonable, discharge their responsibilities under section 211 by doing as he asks, and
(b) having done so, have no further duty or power to take action under that section in relation to that property.
If such a request is made, the authority shall before complying with it inform the applicant of the consequence of their doing so.
(3) If no such request is made (or, if made, is not acted upon) the authority cease to have any duty or power to take action under section 211 when, in their opinion, there is no longer any reason to believe that there is a danger of loss of or damage to a person’s personal property by reason of his inability to protect it or deal with it.
But property stored by virtue of their having taken such action may be kept in store and any conditions upon which it was taken into store continue to have effect, with any necessary modifications.
(4) Where the authority—
(a) cease to be subject to a duty to take action under section 211 in respect of an applicant’s property, or
(b) cease to have power to take such action, having previously taken such action,
they shall notify the applicant of that fact and of the reason for it.
(5) The notification shall be given to the applicant—
(a) by delivering it to him, or
(b) by leaving it, or sending it to him, at his last known address.
(6) References in this section to personal property of the applicant include personal property of any person who might reasonably be expected to reside with him.
(1) Where a local housing authority—
(a) request another relevant housing authority or body, in England, Wales or Scotland, to assist them in the discharge of their functions under this Part, or
(b) request a social services authority, in England, Wales or Scotland, to exercise any of their functions in relation to a case which the local housing authority are dealing with under this Part,
the authority or body to whom the request is made shall co-operate in rendering such assistance in the discharge of the functions to which the request relates as is reasonable in the circumstances.
(2) In subsection (1)(a) “relevant housing authority or body” means—
(a) in relation to England and Wales, a local housing authority, a new town corporation, a registered social landlord or a housing action trust;
(b) in relation to Scotland, a local authority, a development corporation, a registered housing association or Scottish Homes.
Expressions used in paragraph (a) have the same meaning as in the [1985 c. 68.] Housing Act 1985; and expressions used in paragraph (b) have the same meaning as in the [1987 c. 26.] Housing (Scotland) Act 1987.
(3) Subsection (1) above applies to a request by a local authority in Scotland under section 38 of the Housing (Scotland) Act 1987 as it applies to a request by a local housing authority in England and Wales (the references to this Part being construed, in relation to such a request, as references to Part II of that Act).
(1) It is an offence for a person, with intent to induce a local housing authority to believe in connection with the exercise of their functions under this Part that he or another person is entitled to accommodation or assistance in accordance with the provisions of this Part, or is entitled to accommodation or assistance of a particular description—
(a) knowingly or recklessly to make a statement which is false in a material particular, or
(b) knowingly to withhold information which the authority have reasonably required him to give in connection with the exercise of those functions.
(2) If before an applicant receives notification of the local housing authority’s decision on his application there is any change of facts material to his case, he shall notify the authority as soon as possible.
The authority shall explain to every applicant, in ordinary language, the duty imposed on him by this subsection and the effect of subsection (3).
(3) A person who fails to comply with subsection (2) commits an offence unless he shows that he was not given the explanation required by that subsection or that he had some other reasonable excuse for non-compliance.
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) In this Part “prescribed” means prescribed by regulations of the Secretary of State.
(2) Regulations or an order under this Part may make different provision for different purposes, including different provision for different areas.
(3) Regulations or an order under this Part shall be made by statutory instrument.
(4) Unless required to be approved in draft, regulations or an order under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The provisions of this Part have effect in place of the provisions of Part III of the [1985 c. 68.] Housing Act 1985 (housing the homeless) and shall be construed as one with that Act.
(2) Subject to any transitional provision contained in an order under section 232(4) (power to include transitional provision in commencement order), the provisions of this Part do not apply in relation to an applicant whose application for accommodation or assistance in obtaining accommodation was made before the commencement of this Part.
(3) The enactments mentioned in Schedule 17 have effect with the amendments specified there which are consequential on the provisions of this Part.
(1) In this Part, subject to subsection (2)—
“relevant authority” means a local housing authority or a social services authority; and
“social services authority” means a local authority for the purposes of the [1970 c. 42.] Local Authority Social Services Act 1970, as defined in section 1 of that Act.
(2) In this Part, in relation to Scotland—
(a) “local housing authority” means a local authority within the meaning of the [1988 c. 43.] Housing (Scotland) Act 1988, and
(b) “social services authority” means a local authority for the purposes of the [1968 c. 49.] Social Work (Scotland) Act 1968.
(3) References in this Part to the district of a local housing authority—
(a) have the same meaning in relation to an authority in England or Wales as in the Housing Act 1985, and
(b) in relation to an authority in Scotland, mean the area of the local authority concerned.
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section)—
| accommodation available for occupation | section 176 |
| applicant | section 183(2) |
| assistance under this Part | section 183(2) |
| associated (in relation to a person) | section 178 |
| assured tenancy and assured shorthold tenancy | section 230 |
| district (of local housing authority) | section 217(3) |
| eligible for assistance | section 183(2) |
| homeless | section 175(1) |
| housing functions under this Part (in sections 206 to 209) | section 205(2) |
| intentionally homeless | section 191 |
| intentionally threatened with homelessness | section 196 |
| local connection | section 199 |
| local housing authority— -in England and Wales -in Scotland | section 230 section 217(2)(a) |
| minimum period (for purposes of section 193) | section 193(3) and (4) |
| prescribed | section 215(1) |
| priority need | section 189 |
| reasonable to continue to occupy accommodation | section 177 |
| registered social landlord | section 230 |
| relevant authority | section 217(1) |
| social services authority | section 217(1) and (2)(b) |
| threatened with homelessness | section 175(4) |
Housing Act 1996