Housing Act 1996

(4) If a notice under this section specifies in accordance with subsection (3)(a) above Ground 14 in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the date of the service of the notice. (4A) If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than— (a) two months from the date of service of the notice; and (b) if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section. (4B) In any other case, the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the expiry of the period of two weeks from the date of the service of the notice.

.

Chapter III — Injunctions against anti-social behaviour

Power to grant injunctions against anti-social behaviour.

152

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Power of arrest for breach of other injunctions against anti-social behaviour.

153

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Anti-social behaviour injunction

153A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Injunction against unlawful use of premises

153B

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Injunctions: exclusion order and power of arrest

153C

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Injunction against breach of tenancy agreement

153D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Injunctions: supplementary

153E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of arrest: ex-parte applications for injunctions.

154

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arrest and remand.

155

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remand for medical examination and report.

156

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of arrest: supplementary provisions.

157

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation: Chapter III.

158

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Part VI — Allocation of housing accommodation

Introductory

Allocation of housing accommodation.

159

• (1) A local housing authority shall comply with the provisions of this Part in allocating housing accommodation.

• (2) For the purposes of this Part a local housing authority allocate housing accommodation when they—

• (a) select a person to be a secure or introductory tenant of housing accommodation held by them,

• (b) nominate a person to be a secure or introductory tenant of housing accommodation held by another person, ...

• (c) nominate a person to be an assured tenant of housing accommodation held by a private registered provider of social housing or a registered social landlord.

• (d) select a person to be a tenant under a secure contract or an introductory standard contract of housing accommodation held by them, or

• (e) nominate a person to be a tenant under a secure contract or an introductory standard contract of housing accommodation held by another person.

• (3) The reference in subsection (2)(a) to selecting a person to be a secure tenant , and the reference in subsection (2)(d) to selecting a person to be a tenant under a secure contract or an introductory standard contract, includes deciding to exercise any power to notify an existing tenant or licensee that his tenancy or licence is to be a secure tenancy , a secure contract or an introductory standard contract.

• (4) The references in subsection (2)(b) , (c) and (e) to nominating a person include nominating a person in pursuance of any arrangements (whether legally enforceable or not) to require that housing accommodation, or a specified amount of housing accommodation, is made available to a person or one of a number of persons nominated by the authority.

• (4A) Subject to subsection (4B), the provisions of this Part do not apply to an allocation of housing accommodation by a local housing authority in England to a person who is already—

• (a) a secure or introductory tenant, or

• (b) an assured tenant of housing accommodation held by a private registered provider of social housing or a registered social landlord.

• (4B) The provisions of this Part apply to an allocation of housing accommodation by a local housing authority in England to a person who falls within subsection (4A)(a) or (b) if—

• (a) the allocation involves a transfer of housing accommodation for that person,

• (b) the application for the transfer is made by that person, and

• (c) the authority is satisfied that the person is to be given reasonable preference under section 166A(3).

• (5) The provisions of this Part do not apply to an allocation of housing accommodation by a local housing authority in Wales to a person who is already a tenant under a secure contract or an introductory standard contract unless the allocation involves a transfer of housing accommodation for that person and is made on his application.

• (7) Subject to the provisions of this Part, a local housing authority may allocate housing accommodation in such manner as they consider appropriate.

Cases where provisions about allocation do not apply.

160

• (1) The provisions of this Part about the allocation of housing accommodation do not apply in the following cases.

• (2) They do not apply where a secure tenancy—

• (a) vests under section 89 of the Housing Act 1985 (succession to periodic secure tenancy on death of tenant),

• (b) remains a secure tenancy by virtue of section 90 of that Act (devolution of term certain of secure tenancy on death of tenant),

• (c) is assigned under section 92 of that Act (assignment of secure tenancy by way of exchange),

• (d) is assigned to a person who would be qualified to succeed the secure tenant if the secure tenant died immediately before the assignment,

• (da) is granted in response to a request under section 158 of the Localism Act 2011 (transfer of tenancy), or

• (e) vests or is otherwise disposed of in pursuance of an order made under—

• (i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

• (ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), ...

• (iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents)., or

• (iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).

• (3) They do not apply where an introductory tenancy—

• (a) becomes a secure tenancy on ceasing to be an introductory tenancy,

• (b) vests under section 133(2) (succession to introductory tenancy on death of tenant),

• (c) is assigned to a person who would be qualified to succeed the introductory tenant if the introductory tenant died immediately before the assignment, or

• (d) vests or is otherwise disposed of in pursuance of an order made under—

• (i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

• (ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), ...

• (iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents)., or

• (iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).

• (3A) They do not apply where—

• (a) a person succeeds to a secure occupation contract under section 73 (succession on death), section 78 (more than one qualified successor), or section 80 (substitute succession on early termination) of the Renting Homes (Wales) Act 2016 (anaw 1),

• (b) a secure contract is transferred to a potential successor under section 114 of that Act (transfer to potential successor),

• (c) a secure contract is transferred to another secure contract-holder under section 118 of that Act (transfer to another secure contract-holder),

• (d) a secure contract or a standard introductory contract vests or is otherwise disposed of in pursuance of an order under—

• (i) section 24 of the Matrimonial Causes Act 1973 (c. 18) (property adjustment orders in connection with divorce proceedings, etc.),

• (ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (c. 42) (orders for financial provision and property adjustment),

• (iii) paragraph 1 of Schedule 1 to the Children Act 1989 (c. 41) (orders for financial relief against parents), or

• (iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7 to the Civil Partnership Act 2004 (c. 33) (property adjustment orders in connection with civil partnership proceedings or overseas dissolution of civil partnership, etc.), or

• (e) an introductory standard contract becomes—

• (i) a secure contract under section 16 of the Renting Homes (Wales) Act 2016 (anaw 1) (introductory standard contracts), or

• (ii) a prohibited conduct standard contract becomes a secure contract under section 117 of the Renting Homes (Wales) Act 2016 (conversion to secure contract).

• (4) They do not apply in such other cases as the Secretary of State may prescribe by regulations.

• (5) The regulations may be framed so as to make the exclusion of the provisions of this Part about the allocation of housing accommodation subject to such restrictions or conditions as may be specified.

In particular, those provisions may be excluded—

• (a) in relation to specified descriptions of persons, or

• (b) in relation to housing accommodation of a specified description or a specified proportion of housing accommodation of any specified description.

Eligibility for allocation of housing accommodation

Allocation only to eligible and qualifying persons: England

160ZA

• (1) A local housing authority in England shall not allocate housing accommodation—

• (a) to a person from abroad who is ineligible for an allocation of housing accommodation by virtue of subsection (2) or (4), or

• (b) to two or more persons jointly if any of them is a person mentioned in paragraph (a).

• (2) A person subject to immigration control within the meaning of the Asylum and Immigration Act 1996 is ineligible for an allocation of housing accommodation by a local housing authority in England unless he is of a class prescribed by regulations made by the Secretary of State.

• (3) No person who is excluded from entitlement to universal credit or housing benefit by section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) shall be included in any class prescribed under subsection (2).

• (4) The Secretary of State may by regulations prescribe other classes of persons from abroad who are ineligible to be allocated housing accommodation by local housing authorities in England.

• (5) Nothing in subsection (2) or (4) affects the eligibility of a person who falls within section 159(4B).

• (6) Except as provided by subsection (1), a person may be allocated housing accommodation by a local housing authority in England (whether on his application or otherwise) if that person—

• (a) is a qualifying person within the meaning of subsection (7), or

• (b) is one of two or more persons who apply for accommodation jointly, and one or more of the other persons is a qualifying person within the meaning of subsection (7).

• (7) Subject to subsections (2) and (4) and any regulations under subsection (8), a local housing authority may decide what classes of persons are, or are not, qualifying persons.

• (8) The Secretary of State may by regulations—

• (a) prescribe classes of persons who are, or are not, to be treated as qualifying persons by local housing authorities in England, and

• (b) prescribe criteria that may not be used by local housing authorities in England in deciding what classes of persons are not qualifying persons.

• (9) If a local housing authority in England decide that an applicant for housing accommodation—

• (a) is ineligible for an allocation by them by virtue of subsection (2) or (4), or

• (b) is not a qualifying person,

they shall notify the applicant of their decision and the grounds for it.

• (10) That notice shall be given in writing and, if not received by the applicant, 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.

• (11) A person who is not being treated as a qualifying person may (if he considers that he should be treated as a qualifying person) make a fresh application to the authority for an allocation of housing accommodation by them.

Allocation only to eligible persons: Wales

160A

• (1) A local housing authority in Wales shall not allocate housing accommodation—

• (a) to a person from abroad who is ineligible for an allocation of housing accommodation by virtue of subsection (3) or (5);

• (b) to a person who the authority have decided is to be treated as ineligible for such an allocation by virtue of subsection (7); or

• (c) to two or more persons jointly if any of them is a person mentioned in paragraph (a) or (b).

• (2) Except as provided by subsection (1), any person may be allocated housing accommodation by a local housing authority in Wales (whether on his application or otherwise).

• (3) A person subject to immigration control within the meaning of the Asylum and Immigration Act 1996 (c. 49) is (subject to subsection (6)) ineligible for an allocation of housing accommodation by a local housing authority in Wales unless he is of a class prescribed by regulations made by the Secretary of State.

• (4) No person who is excluded from entitlement to universal credit or housing benefit by section 115 of the Immigration and Asylum Act 1999 (c. 33) (exclusion from benefits) shall be included in any class prescribed under subsection (3).

• (5) The Secretary of State may by regulations prescribe other classes of persons from abroad who are (subject to subsection (6)) ineligible for an allocation of housing accommodation, either in relation to local housing authorities in Wales generally or any particular local housing authority in Wales.

• (6) Nothing in subsection (3) or (5) affects the eligibility of a person who is already a contract-holder in relation to housing accommodation allocated to that person by a local housing authority in Wales. ...

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) A local housing authority in Wales may decide that an applicant is to be treated as ineligible for an allocation of housing accommodation by them if they are satisfied that—

• (a) he, or a member of his household, has been guilty of unacceptable behaviour serious enough to make him unsuitable to be a tenant of the authority; and

• (b) in the circumstances at the time his application is considered, he is unsuitable to be a tenant of the authority by reason of that behaviour.

• (8) The only behaviour which may be regarded by the authority as unacceptable for the purposes of subsection (7)(a) is behaviour of the person concerned which would (if that person were a contract-holder of the authority) breach section 55 of the Renting Homes (Wales) Act 2016 (anaw 1) (anti-social behaviour and other prohibited conduct). ...

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) If a local housing authority in Wales decide that an applicant for housing accommodation—

• (a) is ineligible for an allocation by them by virtue of subsection (3) or (5); or

• (b) is to be treated as ineligible for such an allocation by virtue of subsection (7),

they shall notify the applicant of their decision and the grounds for it.

• (10) That notice shall be given in writing and, if not received by the applicant, 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.

• (11) A person who is being treated by a local housing authority in Wales as ineligible by virtue of subsection (7) may (if he considers that he should no longer be treated as ineligible by the authority in Wales) make a fresh application to the authority in Wales for an allocation of housing accommodation by them.

The housing register

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161

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162

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163

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164

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165

Applications for housing accommodation

Applications for housing accommodation

166

• (1) A local housing authority shall secure that—

• (a) advice and information is available free of charge to persons in their district about the right to make an application for an allocation of housing accommodation; and

• (b) any necessary assistance in making such an application is available free of charge to persons in their district who are likely to have difficulty in doing so without assistance.

• (1A) A local housing authority in England shall secure that an applicant for an allocation of housing accommodation is informed that he has the rights mentioned in section 166A(9).”, and

• (2) A local housing authority in Wales shall secure that an applicant for an allocation of housing accommodation is informed that he has the rights mentioned in section 167(4A).

• (3) Every application made to a local housing authority for an allocation of housing accommodation shall (if made in accordance with the procedural requirements of the authority’s allocation scheme) be considered by the authority.

• (4) The fact that a person is an applicant for an allocation of housing accommodation shall not be divulged (without his consent) to any other member of the public.

• (5) In this Part “district” in relation to a local housing authority has the same meaning as in the Housing Act 1985 (c. 68).

Allocation schemes

Allocation in accordance with allocation scheme: England

166A

• (1) Every local housing authority in England must have a scheme (their “allocation scheme”) for determining priorities, and as to the procedure to be followed, in allocating housing accommodation.

For this purpose “procedure” includes all aspects of the allocation process, including the persons or descriptions of persons by whom decisions are taken.

• (2) The scheme must include a statement of the authority's policy on offering people who are to be allocated housing accommodation—

• (a) a choice of housing accommodation; or

• (b) the opportunity to express preferences about the housing accommodation to be allocated to them.

• (3) As regards priorities, the scheme shall, subject to subsection (4), be framed so as to secure that reasonable preference is given to—

• (a) people who are homeless (within the meaning of Part 7);

• (b) people who are owed a duty by any local housing authority under section 190(2), 193(2) or 195(2) (or under section 65(2) or 68(2) of the Housing Act 1985) or who are occupying accommodation secured by any such authority under section 192(3);

• (c) people occupying insanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions;

• (d) people who need to move on medical or welfare grounds (including any grounds relating to a disability); and

• (e) people who need to move to a particular locality in the district of the authority, where failure to meet that need would cause hardship (to themselves or to others).

The scheme may also be framed so as to give additional preference to particular descriptions of people within one or more of paragraphs (a) to (e) (being descriptions of people with urgent housing needs).

The scheme must be framed so as to give additional preference to a person with urgent housing needs who falls within one or more of paragraphs (a) to (e) and who –

• (i) is serving in the regular forces and is suffering from a serious injury, illness or disability which is attributable (wholly or partly) to the person’s service,

• (ii) formerly served in the regular forces,

• (iii) has recently ceased, or will cease to be entitled, to reside in accommodation provided by the Ministry of Defence following the death of that person’s spouse or civil partner who has served in the regular forces and whose death was attributable (wholly or partly) to that service, or

• (iv) is serving or has served in the reserve forces and is suffering from a serious injury, illness or disability which is attributable (wholly or partly) to the person’s service.

For this purpose “the regular forces” and “the reserve forces” have the meanings given by section 374 of the Armed Forces Act 2006.

• (4) People are to be disregarded for the purposes of subsection (3) if they would not have fallen within paragraph (a) or (b) of that subsection without the local housing authority having had regard to a restricted person (within the meaning of Part 7).

• (5) The scheme may contain provision for determining priorities in allocating housing accommodation to people within subsection (3); and the factors which the scheme may allow to be taken into account include—

• (a) the financial resources available to a person to meet his housing costs;

• (b) any behaviour of a person (or of a member of his household) which affects his suitability to be a tenant;

• (c) any local connection (within the meaning of section 199) which exists between a person and the authority's district.

• (6) Subject to subsection (3), the scheme may contain provision about the allocation of particular housing accommodation—

• (a) to a person who makes a specific application for that accommodation;

• (b) to persons of a particular description (whether or not they are within subsection (3)).

• (7) The Secretary of State may by regulations—

• (a) specify further descriptions of people to whom preference is to be given as mentioned in subsection (3), or

• (b) amend or repeal any part of subsection (3).

• (8) The Secretary of State may by regulations specify factors which a local housing authority in England must not take into account in allocating housing accommodation.

• (9) The scheme must be framed so as to secure that an applicant for an allocation of housing accommodation—

• (a) has the right to request such general information as will enable him to assess—

• (i) how his application is likely to be treated under the scheme (including in particular whether he is likely to be regarded as a member of a group of people who are to be given preference by virtue of subsection (3)); and

• (ii) whether housing accommodation appropriate to his needs is likely to be made available to him and, if so, how long it is likely to be before such accommodation becomes available for allocation to him;

• (b) has the right to request the authority to inform him of any decision about the facts of his case which is likely to be, or has been, taken into account in considering whether to allocate housing accommodation to him; and

• (c) has the right to request a review of a decision mentioned in paragraph (b), or in section 160ZA(9), and to be informed of the decision on the review and the grounds for it.

• (10) As regards the procedure to be followed, the scheme must be framed in accordance with such principles as the Secretary of State may prescribe by regulations.

• (11) Subject to the above provisions, and to any regulations made under them, the authority may decide on what principles the scheme is to be framed.

• (12) A local housing authority in England must, in preparing or modifying their allocation scheme, have regard to—

• (a) their current homelessness strategy under section 1 of the Homelessness Act 2002,

• (b) their current tenancy strategy under section 150 of the Localism Act 2011, and

• (c) in the case of an authority that is a London borough council, the London housing strategy.

• (13) Before adopting an allocation scheme, or making an alteration to their scheme reflecting a major change of policy, a local housing authority in England must—

• (a) send a copy of the draft scheme, or proposed alteration, to every private registered provider of social housing and registered social landlord with which they have nomination arrangements (see section 159(4)), and

• (b) afford those persons a reasonable opportunity to comment on the proposals.

• (14) A local housing authority in England shall not allocate housing accommodation except in accordance with their allocation scheme.

Allocation in accordance with allocation scheme : Wales

167

• (1) Every local housing authority in Wales shall have a scheme (their “allocation scheme”) for determining priorities, and as to the procedure to be followed, in allocating housing accommodation.

For this purpose “procedure” includes all aspects of the allocation process, including the persons or descriptions of persons by whom decisions are to be taken.

• (1A) The scheme shall include a statement of the authority’s policy on offering people who are to be allocated housing accommodation—

• (a) a choice of housing accommodation; or

• (b) the opportunity to express preferences about the housing accommodation to be allocated to them.

• (2) As regards priorities, the scheme shall , subject to subsection (2ZA), be framed so as to secure that reasonable preference is given to—

• (a) people who are homeless (within the meaning of Part 2 of the Housing (Wales) Act 2014);

• (b) people who are owed any duty by a local housing authority under section 66, 73 or 75 of the Housing (Wales) Act 2014;

• (c) people occupying insanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions;

• (d) people who need to move on medical or welfare grounds (including grounds relating to a disability); and

• (e) people who need to move to a particular locality in the district of the authority, where failure to meet that need would cause hardship (to themselves or to others).

The scheme may also be framed so as to give additional preference to particular descriptions of people within this subsection (being descriptions of people with urgent housing needs).

• (2ZA) People are to be disregarded for the purposes of subsection (2) if they would not have fallen within paragraph (a) or (b) of that subsection without the local housing authority having had regard to a restricted person (within the meaning of Part 2 of the Housing (Wales) Act 2014).

• (2A) The scheme may contain provision for determining priorities in allocating housing accommodation to people within subsection (2); and the factors which the scheme may allow to be taken into account include—

• (a) the financial resources available to a person to meet his housing costs;

• (b) any behaviour of a person (or of a member of his household) which affects his suitability to be a tenant;

• (c) any local connection (within the meaning of section 81 of the Housing (Wales) Act 2014) which exists between a person and the authority’s district.

• (2B) Nothing in subsection (2) requires the scheme to provide for any preference to be given to people the authority have decided are people to whom subsection (2C) applies.

• (2C) This subsection applies to a person if the authority are satisfied that—

• (a) he, or a member of his household, has been guilty of unacceptable behaviour serious enough to make him unsuitable to be a tenant of the authority; and

• (b) in the circumstances at the time his case is considered, he deserves by reason of that behaviour not to be treated as a member of a group of people who are to be given preference by virtue of subsection (2).

• (2D) Subsection (8) of section 160A applies for the purposes of subsection (2C)(a) above as it applies for the purposes of subsection (7)(a) of that section.

• (2E) Subject to subsection (2), the scheme may contain provision about the allocation of particular housing accommodation—

• (a) to a person who makes a specific application for that accommodation;

• (b) to persons of a particular description (whether or not they are within subsection (2)).

• (3) The Secretary of State may by regulations—

• (a) specify further descriptions of people to whom preference is to be given as mentioned in subsection (2), or

• (b) amend or repeal any part of subsection (2).

• (4) The Secretary of State may by regulations specify factors which a local housing authority in Wales shall not take into account in allocating housing accommodation.

• (4A) The scheme shall be framed so as to secure that an applicant for an allocation of housing accommodation—

• (a) has the right to request such general information as will enable him to assess—

• (i) how his application is likely to be treated under the scheme (including in particular whether he is likely to be regarded as a member of a group of people who are to be given preference by virtue of subsection (2)); and

• (ii) whether housing accommodation appropriate to his needs is likely to be made available to him and, if so, how long it is likely to be before such accommodation becomes available for allocation to him;

• (b) is notified in writing of any decision that he is a person to whom subsection (2C) applies and the grounds for it;

• (c) has the right to request the authority to inform him of any decision about the facts of his case which is likely to be, or has been, taken into account in considering whether to allocate housing accommodation to him; and

• (d) has the right to request a review of a decision mentioned in paragraph (b) or (c), or in section 160A(9), and to be informed of the decision on the review and the grounds for it.

• (5) As regards the procedure to be followed, the scheme shall be framed in accordance with such principles as the Secretary of State may prescribe by regulations.

• (6) Subject to the above provisions, and to any regulations made under them, the authority may decide on what principles the scheme is to be framed.

• (7) Before adopting an allocation scheme, or making an alteration to their scheme reflecting a major change of policy, a local housing authority in Wales shall—

• (a) send a copy of the draft scheme, or proposed alteration, to every private registered provider of social housing and registered social landlord with which they have nomination arrangements (see section 159(4)), and

• (b) afford those persons a reasonable opportunity to comment on the proposals.

• (8) A local housing authority in Wales shall not allocate housing accommodation except in accordance with their allocation scheme.

Information about allocation scheme.

168

• (1) A local housing authority shall publish a summary of their allocation scheme and provide a copy of the summary free of charge to any member of the public who asks for one.

• (2) The authority shall make the scheme available for inspection at their principal office and shall provide a copy of the scheme, on payment of a reasonable fee, to any member of the public who asks for one.

• (3) When the authority make an alteration to their scheme reflecting a major change of policy, they shall within a reasonable period of time take such steps as they consider reasonable to bring the effect of the alteration to the attention of those likely to be affected by it.

Supplementary

Guidance to authorities by the Secretary of State.

169

• (1) In the exercise of their functions under this Part, local housing authorities shall have regard to such guidance as may from time to time be given by the Secretary of State.

• (2) The Secretary of State may give guidance generally or to specified descriptions of authorities.

Co-operation between certain social landlords and local housing authorities.

170

Where a local housing authority so request, a private registered provider of social housing or registered social landlord shall co-operate to such extent as is reasonable in the circumstances in offering accommodation to people with priority under the authority’s allocation scheme.

False statements and withholding information.

171

• (1) A person commits an offence if, in connection with the exercise by a local housing authority of their functions under this Part—

• (a) he knowingly or recklessly makes a statement which is false in a material particular, or

• (b) he knowingly withholds information which the authority have reasonably required him to give in connection with the exercise of those functions.

• (2) 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.

Regulations.

172

• (1) Regulations under this Part shall be made by statutory instrument.

• (2) No regulations shall be made under section 166A(7) or 167(3) (regulations amending provisions about priorities in allocating housing accommodation) unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.

• (3) Any other regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Regulations under this Part may contain such incidental, supplementary and transitional provisions as appear to the Secretary of State appropriate, and may make different provision for different cases including different provision for different areas.

Consequential amendments: Part VI.

173

The enactments mentioned in Schedule 16 have effect with the amendments specified there which are consequential on the provisions of this Part.

Index of defined expressions: Part VI.

174

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)—

Part VII — Homelessness: England

Homelessness and threatened homelessness

Homelessness and threatened homelessness.

175

• (1) A person is homeless if he has no accommodation available for his occupation, in the United Kingdom or elsewhere, which he—

• (a) is entitled to occupy by virtue of an interest in it or by virtue of an order of a court,

• (b) has an express or implied licence to occupy, or

• (c) occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of another person to recover possession.

• (2) A person is also homeless if he has accommodation but—

• (a) he cannot secure entry to it, or

• (b) it consists of a moveable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted both to place it and to reside in it.

• (3) A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy.

• (4) A person is threatened with homelessness if it is likely that he will become homeless within 56 days.

• (5) A person is also threatened with homelessness if—

• (a) a valid notice has been given to the person under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) in respect of the only accommodation the person has that is available for the person's occupation, and

• (b) that notice will expire within 56 days.

Meaning of accommodation available for occupation.

176

Accommodation shall be regarded as available for a person’s occupation only if it is available for occupation by him together with—

• (a) any other person who normally resides with him as a member of his family, or

• (b) any other person who might reasonably be expected to reside with him.

References in this Part to securing that accommodation is available for a person’s occupation shall be construed accordingly.

Whether it is reasonable to continue to occupy accommodation.

177

• (1) It is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to violence or domestic abuse against him, or against—

• (a) a person who normally resides with him as a member of his family, or

• (b) any other person who might reasonably be expected to reside with him.

• (1A) For this purpose—

• (a) “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;

• (b) “violence” means—

• (i) violence from another person; or

• (ii) threats of violence from another person which are likely to be carried out.

• (2) In determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation, regard may be had to the general circumstances prevailing in relation to housing in the district of the local housing authority to whom he has applied for accommodation or for assistance in obtaining accommodation.

• (3) The Secretary of State may by order specify—

• (a) other circumstances in which it is to be regarded as reasonable or not reasonable for a person to continue to occupy accommodation, and

• (b) other matters to be taken into account or disregarded in determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation.

Meaning of associated person.

178

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General functions in relation to homelessness or threatened homelessness

Duty of local housing authority in England to provide advisory services

179

• (1) Each local housing authority in England must provide or secure the provision of a service, available free of charge to any person in the authority's district, providing information and advice on—

• (a) preventing homelessness,

• (b) securing accommodation when homeless,

• (c) the rights of persons who are homeless or threatened with homelessness, and the duties of the authority, under this Part,

• (d) any help that is available from the authority or anyone else, whether under this Part or otherwise, for persons in the authority's district who are homeless or may become homeless (whether or not they are threatened with homelessness), and

• (e) how to access that help.

• (2) The service must be designed to meet the needs of persons in the authority's district including, in particular, the needs of—

• (a) persons released from prison or youth detention accommodation,

• (b) care leavers,

• (c) former members of the regular armed forces,

• (d) victims of domestic abuse,

• (e) persons leaving hospital,

• (f) persons suffering from a mental illness or impairment, and

• (g) any other group that the authority identify as being at particular risk of homelessness in the authority's district.

• (3) The authority may give to any person by whom the service is provided on behalf of the authority assistance by way of grant or loan.

• (4) The authority may also assist any such person—

• (a) by permitting the person to use premises belonging to the authority,

• (b) by making available furniture or other goods, whether by way of gift, loan or otherwise, and

• (c) by making available the services of staff employed by the authority.

• (5) In this section—

• “care leavers” means persons who are former relevant children (within the meaning given by section 23C(1) of the Children Act 1989);

• “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;

• ...

• “hospital” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);

• “regular armed forces” means the regular forces as defined by section 374 of the Armed Forces Act 2006;

• “youth detention accommodation” means—a secure children's home,a secure training centre,a secure college,a young offender institution,accommodation provided by or on behalf of a local authority for the purpose of restricting the liberty of children;accommodation provided for that purpose under section 82(5) of the Children Act 1989, oraccommodation, or accommodation of a description, for the time being specified by regulations under section 248(1)(f) of the Sentencing Code (youth detention accommodation for the purposes of detention and training orders).

Assistance for voluntary organisations.

180

• (1) The Secretary of State or a local housing authority in England may give assistance by way of grant or loan to voluntary organisations concerned with homelessness or matters relating to homelessness.

• (2) A local housing authority may also assist any such organisation—

• (a) by permitting them to use premises belonging to the authority,

• (b) by making available furniture or other goods, whether by way of gift, loan or otherwise, and

• (c) by making available the services of staff employed by the authority.

• (3) A “voluntary organisation” means a body (other than a public or local authority) whose activities are not carried on for profit.

Terms and conditions of assistance.

181

• (1) This section has effect as to the terms and conditions on which assistance is given under section 179 or 180.

• (2) Assistance shall be on such terms, and subject to such conditions, as the person giving the assistance may determine.

• (3) No assistance shall be given unless the person to whom it is given undertakes—

• (a) to use the money, furniture or other goods or premises for a specified purpose, and

• (b) to provide such information as may reasonably be required as to the manner in which the assistance is being used.

The person giving the assistance may require such information by notice in writing, which shall be complied with within 21 days beginning with the date on which the notice is served.

• (4) The conditions subject to which assistance is given shall in all cases include conditions requiring the person to whom the assistance is given—

• (a) to keep proper books of account and have them audited in such manner as may be specified,

• (b) to keep records indicating how he has used the money, furniture or other goods or premises, and

• (c) to submit the books of account and records for inspection by the person giving the assistance.

• (5) If it appears to the person giving the assistance that the person to whom it was given has failed to carry out his undertaking as to the purpose for which the assistance was to be used, he shall take all reasonable steps to recover from that person an amount equal to the amount of the assistance.

• (6) He must first serve on the person to whom the assistance was given a notice specifying the amount which in his opinion is recoverable and the basis on which that amount has been calculated.

Guidance by the Secretary of State.

182

• (1) In the exercise of their functions relating to homelessness and the prevention of homelessness, a local housing authority or social services authority in England shall have regard to such guidance as may from time to time be given by the Secretary of State.

• (2) The Secretary of State may give guidance either generally or to specified descriptions of authorities.

Application for assistance in case of homelessness or threatened homelessness

Application for assistance.

183

• (1) The following provisions of this Part apply where a person applies to a local housing authority in England for accommodation, or for assistance in obtaining accommodation, and the authority have reason to believe that he is or may be homeless or threatened with homelessness.

• (2) In this Part—

• “applicant” means a person making such an application,

• “assistance under this Part” means the benefit of any function under the following provisions of this Part relating to accommodation or assistance in obtaining accommodation, and

• “eligible for assistance” means not excluded from such assistance by section 185 (persons from abroad not eligible for housing assistance) or section 186 (asylum seekers and their dependants).

• (3) Nothing in this section or the following provisions of this Part affects a person’s entitlement to advice and information under section 179 (duty to provide advisory services).

Inquiry into cases of homelessness or threatened homelessness.

184

• (1) If the local housing authority have reason to believe that an applicant may be homeless or threatened with homelessness, they shall make such inquiries as are necessary to satisfy themselves—

• (a) whether he is eligible for assistance, and

• (b) if so, whether any duty, and if so what duty, is owed to him under the following provisions of this Part.

• (2) They may also make inquiries whether he has a local connection with the district of another local housing authority in England, Wales or Scotland.

• (3) On completing their inquiries the authority shall notify the applicant of their decision and, so far as any issue is decided against his interests, inform him of the reasons for their decision.

• (3A) If the authority decide that a duty is, or after the authority's duty to the applicant under section 189B(2) comes to an end would be, owed to the applicant under section 193(2) ... but would not have done so without having had regard to a restricted person, the notice under subsection (3) must also—

• (a) inform the applicant that their decision was reached on that basis,

• (b) include the name of the restricted person,

• (c) explain why the person is a restricted person, and

• (d) explain the effect of section 193(7AD) ....

• (4) If the authority have notified or intend to notify another local housing authority in England under section 198(A1) (referral of cases where section 189B applies), they shall at the same time notify the applicant of that decision and inform him of the reasons for it.

• (5) A notice under subsection (3) or (4) 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 (see section 202).

• (6) 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 to him if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

• (7) In this Part “a restricted person” means a person—

• (a) who is not eligible for assistance under this Part,

• (b) who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and

• (c) either—

• (i) who does not have leave to enter or remain in the United Kingdom, or

• (ii) whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.

Eligibility for assistance

Persons from abroad not eligible for housing assistance.

185

• (1) A person is not eligible for assistance under this Part if he is a person from abroad who is ineligible for housing assistance.

• (2) A person who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996 is not eligible for housing assistance unless he is of a class prescribed by regulations made by the Secretary of State.

• (2A) No person who is excluded from entitlement to universal credit or housing benefit by section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) shall be included in any class prescribed under subsection (2).

• (3) The Secretary of State may make provision by regulations as to other descriptions of persons who are to be treated for the purposes of this Part as persons from abroad who are ineligible for housing assistance.

• (4) A person from abroad who is not eligible for housing assistance shall be disregarded in determining for the purposes of this Part whether a person falling within subsection (5)—

• (a) is homeless or threatened with homelessness, or

• (b) has a priority need for accommodation.

• (5) A person falls within this subsection if the person—

• (a) falls within a class prescribed by regulations made under subsection (2); but

• (b) is not a person who, immediately before IP completion day, was—

• (i) a national of an EEA State or Switzerland, and

• (ii) within a class prescribed by regulations made under subsection (2) which had effect at that time.

Asylum-seekers and their dependants.

186

• (1) An asylum-seeker, or a dependant of an asylum-seeker who is not by virtue of section 185 a person from abroad who is ineligible for housing assistance, is not eligible for assistance under this Part if he has any accommodation in the United Kingdom, however temporary, available for his occupation.

• (2) For the purposes of this section a person who makes a claim for asylum—

• (a) becomes an asylum-seeker at the time when his claim is recorded by the Secretary of State as having been made, and

• (b) ceases to be an asylum-seeker at the time when his claim is recorded by the Secretary of State as having been finally determined or abandoned.

• (3) For the purposes of this section a person—

• (a) becomes a dependant of an asylum-seeker at the time when he is recorded by the Secretary of State as being a dependant of the asylum-seeker, and

• (b) ceases to be a dependant of an asylum-seeker at the time when the person whose dependant he is ceases to be an asylum-seeker or, if it is earlier, at the time when he is recorded by the Secretary of State as ceasing to be a dependant of the asylum-seeker.

• (4) In relation to an asylum-seeker, “dependant” means a person—

• (a) who is his spouse or a child of his under the age of eighteen, and

• (b) who has neither a right of abode in the United Kingdom nor indefinite leave under the Immigration Act 1971 to enter or remain in the United Kingdom.

• (5) In this section a “claim for asylum” means a claim made by a person that it would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention for him to be removed from, or required to leave, the United Kingdom.

Provision of information by Secretary of State.

187

• (1) The Secretary of State shall, at the request of a local housing authority in England, provide the authority with such information as they may require—

• (a) as to whether a person is a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies, or a dependant of an asylum-seeker, and

• (b) to enable them to determine whether such a person is eligible for assistance under this Part under section 185 (persons from abroad not eligible for housing assistance).

• (2) Where that information is given otherwise than in writing, the Secretary of State shall confirm it in writing if a written request is made to him by the authority.

• (3) If it appears to the Secretary of State that any application, decision or other change of circumstances has affected the status of a person about whom information was previously provided by him to a local housing authority under this section, he shall inform the authority in writing of that fact, the reason for it and the date on which the previous information became inaccurate.

Interim duty to accommodate

Interim duty to accommodate in case of apparent priority need.

188

• (1) If the local housing authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they must secure that accommodation is available for the applicant's occupation.

• (1ZA) In a case in which the local housing authority conclude their inquiries under section 184 and decide that the applicant does not have a priority need—

• (a) where the authority decide that they do not owe the applicant a duty under section 189B(2), the duty under subsection (1) comes to an end when the authority notify the applicant of that decision, or

• (b) otherwise, the duty under subsection (1) comes to an end upon the authority notifying the applicant of their decision that, upon the duty under section 189B(2) coming to an end, they do not owe the applicant any duty under section 190 or 193.

• (1ZB) In any other case, the duty under subsection (1) comes to an end upon the later of—

• (a) the duty owed to the applicant under section 189B(2) coming to an end or the authority notifying the applicant that they have decided that they do not owe the applicant a duty under that section, and

• (b) the authority notifying the applicant of their decision as to what other duty (if any) they owe to the applicant under the following provisions of this Part upon the duty under section 189B(2) coming to an end.

• (1A) But if the local housing authority have reason to believe that the duty under section 193(2) may apply in relation to an applicant in the circumstances referred to in section 195A(1), they shall secure that accommodation is available for the applicant's occupation until the later of paragraph (a) or (b) of subsection (1ZB). regardless of whether the applicant has a priority need.

• (2) The duty under this section arises irrespective of any possibility of the referral of the applicant’s case to another local housing authority (see sections 198 to 200).

• (2A) For the purposes of this section, where the applicant requests a review under section 202(1)(h) of the authority's decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer (within the meaning of section 193A), the authority's duty to the applicant under section 189B(2) is not to be taken to have come to an end under section 193A(2) until the decision on the review has been notified to the applicant.

• (3) Otherwise, the duty under this section comes to an end in accordance with subsections (1ZA) to (1A), regardless of any review requested by the applicant under section 202.

But the authority may secure that accommodation is available for the applicant's occupation pending a decision on review.

Priority need for accommodation.

189

• (1) The following have a priority need for accommodation—

• (a) a pregnant woman or a person with whom she resides or might reasonably be expected to reside;

• (b) a person with whom dependent children reside or might reasonably be expected to reside;

• (c) a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside;

• (d) a person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster.

• (e) a person who is homeless as a result of that person being a victim of domestic abuse.

• (2) The Secretary of State may by order—

• (a) specify further descriptions of persons as having a priority need for accommodation, and

• (b) amend or repeal any part of subsection (1).

• (3) Before making such an order the Secretary of State shall consult such associations representing relevant authorities, and such other persons, as he considers appropriate.

• (4) No such order shall be made unless a draft of it has been approved by resolution of each House of Parliament.

• (5) In this section “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021.

Duty to assess every eligible applicant's case and agree a plan

Assessments and personalised plan

189A

• (1) If the local housing authority are satisfied that an applicant is—

• (a) homeless or threatened with homelessness, and

• (b) eligible for assistance,

the authority must make an assessment of the applicant's case.

• (2) The authority's assessment of the applicant's case must include an assessment of—

• (a) the circumstances that caused the applicant to become homeless or threatened with homelessness,

• (b) the housing needs of the applicant including, in particular, what accommodation would be suitable for the applicant and any persons with whom the applicant resides or might reasonably be expected to reside (“other relevant persons”), and

• (c) what support would be necessary for the applicant and any other relevant persons to be able to have and retain suitable accommodation.

• (3) The authority must notify the applicant, in writing, of the assessment that the authority make.

• (4) After the assessment has been made, the authority must try to agree with the applicant—

• (a) any steps the applicant is to be required to take for the purposes of securing that the applicant and any other relevant persons have and are able to retain suitable accommodation, and

• (b) the steps the authority are to take under this Part for those purposes.

• (5) If the authority and the applicant reach an agreement, the authority must record it in writing.

• (6) If the authority and the applicant cannot reach an agreement, the authority must record in writing—

• (a) why they could not agree,

• (b) any steps the authority consider it would be reasonable to require the applicant to take for the purposes mentioned in subsection (4)(a), and

• (c) the steps the authority are to take under this Part for those purposes.

• (7) The authority may include in a written record produced under subsection (5) or (6) any advice for the applicant that the authority consider appropriate (including any steps the authority consider it would be a good idea for the applicant to take but which the applicant should not be required to take).

• (8) The authority must give to the applicant a copy of any written record produced under subsection (5) or (6).

• (9) Until such time as the authority consider that they owe the applicant no duty under any of the following sections of this Part, the authority must keep under review—

• (a) their assessment of the applicant's case, and

• (b) the appropriateness of any agreement reached under subsection (4) or steps recorded under subsection (6)(b) or (c).

• (10) If—

• (a) the authority's assessment of any of the matters mentioned in subsection (2) changes, or

• (b) the authority's assessment of the applicant's case otherwise changes such that the authority consider it appropriate to do so,

the authority must notify the applicant, in writing, of how their assessment of the applicant's case has changed (whether by providing the applicant with a revised written assessment or otherwise).

• (11) If the authority consider that any agreement reached under subsection (4) or any step recorded under subsection (6)(b) or (c) is no longer appropriate—

• (a) the authority must notify the applicant, in writing, that they consider the agreement or step is no longer appropriate,

• (b) any failure, after the notification is given, to take a step that was agreed to in the agreement or recorded under subsection (6)(b) or (c) is to be disregarded for the purposes of this Part, and

• (c) subsections (4) to (8) apply as they applied after the assessment was made.

• (12) A notification under this section or a copy of any written record produced under subsection (5) or (6), if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority's office for a reasonable period for collection by or on behalf of the applicant.

Duties to persons found to be homeless or threatened with homelessness

Initial duty owed to all eligible persons who are homeless

189B

• (1) This section applies where the local housing authority are satisfied that an applicant is—

• (a) homeless, and

• (b) eligible for assistance.

• (2) Unless the authority refer the application to another local housing authority in England (see section 198(A1)), the authority must take reasonable steps to help the applicant to secure that suitable accommodation becomes available for the applicant's occupation for at least—

• (a) 6 months, or

• (b) such longer period not exceeding 12 months as may be prescribed.

• (3) In deciding what steps they are to take, the authority must have regard to their assessment of the applicant's case under section 189A.

• (4) Where the authority—

• (a) are satisfied that the applicant has a priority need, and

• (b) are not satisfied that the applicant became homeless intentionally,

the duty under subsection (2) comes to an end at the end of the period of 56 days beginning with the day the authority are first satisfied as mentioned in subsection (1).

• (5) If any of the circumstances mentioned in subsection (7) apply, the authority may give notice to the applicant bringing the duty under subsection (2) to an end.

• (6) The notice must—

• (a) specify which of the circumstances apply, and

• (b) inform the applicant that the applicant has a right to request a review of the authority's decision to bring the duty under subsection (2) to an end and of the time within which such a request must be made.

• (7) The circumstances are that the authority are satisfied that—

• (a) the applicant has—

• (i) suitable accommodation available for occupation, and

• (ii) a reasonable prospect of having suitable accommodation available for occupation for at least 6 months, or such longer period not exceeding 12 months as may be prescribed, from the date of the notice,

• (b) the authority have complied with the duty under subsection (2) and the period of 56 days beginning with the day that the authority are first satisfied as mentioned in subsection (1) has ended (whether or not the applicant has secured accommodation),

• (c) the applicant has refused an offer of suitable accommodation and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed,

• (d) the applicant has become homeless intentionally from any accommodation that has been made available to the applicant as a result of the authority's exercise of their functions under subsection (2),

• (e) the applicant is no longer eligible for assistance, or

• (f) the applicant has withdrawn the application mentioned in section 183(1).

• (8) A notice under this section must be given in writing and, if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority's office for a reasonable period for collection by or on behalf of the applicant.

• (9) The duty under subsection (2) can also be brought to an end under—

• (a) section 193A (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage), or

• (b) sections 193B and 193C (notices in cases of applicant's deliberate and unreasonable refusal to co-operate).

Duties to persons becoming homeless intentionally.

190

• (1) This section applies where—

• (a) the local housing authority are satisfied that an applicant—

• (i) is homeless and eligible for assistance, but

• (ii) became homeless intentionally,

• (b) the authority are also satisfied that the applicant has a priority need, and

• (c) the authority's duty to the applicant under section 189B(2) has come to an end.

• (2) The authority must—

• (a) secure that accommodation is available for his occupation for such period as they consider will give him a reasonable opportunity of securing accommodation for his occupation, and

• (b) provide him with (or secure that he is provided with) advice and assistance in any attempts he may make to secure that accommodation becomes available for his occupation.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In deciding what advice and assistance is to be provided under this section, the authority must have regard to their assessment of the applicant's case under section 189A.

• (5) The advice and assistance provided under subsection (2)(b) ... must include information about the likely availability in the authority’s district of types of accommodation appropriate to the applicant’s housing needs (including, in particular, the location and sources of such types of accommodation).

Becoming homeless intentionally.

191

• (1) A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

• (1A) But a person does not become homeless intentionally if—

• (a) the accommodation the person ceases to occupy is supported exempt accommodation,

• (b) the person’s reason for ceasing to occupy the accommodation relates to the standard of the accommodation, or the standard of care, support or supervision provided there, and

• (c) the accommodation, or the care, support or supervision provided there, does not meet National Supported Housing Standards.

“Supported exempt accommodation” has the meaning given by section 12 of the Supported Housing (Regulatory Oversight) Act 2023.

• (2) For the purposes of subsection (1) an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.

• (3) A person shall be treated as becoming homeless intentionally if—

• (a) he enters into an arrangement under which he is required to cease to occupy accommodation which it would have been reasonable for him to continue to occupy, and

• (b) the purpose of the arrangement is to enable him to become entitled to assistance under this Part,

and there is no other good reason why he is homeless.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to persons not in priority need who are not homeless intentionally.

192

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to persons with priority need who are not homeless intentionally.

193

• (1) This section applies where—

• (a) the local housing authority—

• (i) are satisfied that an applicant is homeless and eligible for assistance, and

• (ii) are not satisfied that the applicant became homeless intentionally,

• (b) the authority are also satisfied that the applicant has a priority need, and

• (c) the authority's duty to the applicant under section 189B(2) has come to an end.

• (1A) But this section does not apply if—

• (a) section 193A(3) disapplies this section, or

• (b) the authority have given notice to the applicant under section 193B(2).

• (2) Unless the authority refer the application to another local housing authority (see section 198), they shall secure that accommodation is available for occupation by the applicant.

• (3) The authority are subject to the duty under this section until it ceases by virtue of any of the following provisions of this section.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3B) In this section “a restricted case” means a case where the local housing authority would not be satisfied as mentioned in subsection (1) without having had regard to a restricted person.

• (5) The local housing authority shall cease to be subject to the duty under this section if the applicant, having been informed by the authority of the possible consequence of refusal and of his right to request a review of the suitability of the accommodation, refuses an offer of accommodation which the authority are satisfied is suitable for him and the authority notify him that they regard themselves as having discharged their duty under this section.

The local housing authority shall cease to be subject to the duty under this section if—

• (a) the applicant, having been informed by the authority of the possible consequence of refusal or acceptance and of the right to request a review of the suitability of the accommodation, refuses an offer of accommodation which the authority are satisfied is suitable for the applicant,

• (b) that offer of accommodation is not an offer of accommodation under Part 6 or a private rented sector offer, and

• (c) the authority notify the applicant that they regard themselves as ceasing to be subject to the duty under this section.

• (6) The local housing authority shall cease to be subject to the duty under this section if the applicant—

• (a) ceases to be eligible for assistance,

• (b) becomes homeless intentionally from the accommodation made available for his occupation,

• (c) accepts an offer of accommodation under Part VI (allocation of housing), or

• (cc) accepts an offer of an assured tenancy (other than an assured shorthold tenancy) from a private landlord,

• (d) otherwise voluntarily ceases to occupy as his only or principal home the accommodation made available for his occupation.

• (7) The local housing authority shall also cease to be subject to the duty under this section if the applicant, having been informed of the possible consequence of refusal or acceptance and of his right to request a review of the suitability of the accommodation, refuses a final offer of accommodation under Part 6.

• (7A) An offer of accommodation under Part 6 is a final offer for the purposes of subsection (7) if it is made in writing and states that it is a final offer for the purposes of subsection (7).

• (7AA) ... the authority shall also cease to be subject to the duty under this section if the applicant, having been informed in writing of the matters mentioned in subsection (7AB)—

• (a) accepts a private rented sector offer , or

• (b) refuses such an offer.

• (7AB) The matters are—

• (a) the possible consequence of refusal or acceptance of the offer, and

• (b) that the applicant has the right to request a review of the suitability of the accommodation , and

• (c) in a case which is not a restricted case, the effect under section 195A of a further application to a local housing authority within two years of acceptance of the offer.

• (7AC) For the purposes of this section an offer is a private rented sector offer if—

• (a) it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,

• (b) it is made, with the approval of the authority, in pursuance of arrangements made by the authority with the landlord with a view to bringing the authority's duty under this section to an end, and

• (c) the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least 12 months.

• (7AD) In a restricted case the authority shall, so far as reasonably practicable, bring their duty under this section to an end as mentioned in subsection (7AA).

• (7B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7F) The local housing authority shall not—

• (a) make a final offer of accommodation under Part 6 for the purposes of subsection (7); or

• (ab) approve a private rented sector offer; or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

unless they are satisfied that the accommodation is suitable for the applicant and that subsection (8) does not apply to the applicant..

• (8) This subsection applies to an applicant if—

• (a) the applicant is under contractual or other obligations in respect of the applicant's existing accommodation, and

• (b) the applicant is not able to bring those obligations to an end before being required to take up the offer.

• (9) A person who ceases to be owed the duty under this section may make a fresh application to the authority for accommodation or assistance in obtaining accommodation.

• (10) The Secretary of State may provide by regulations that subsection (7AC)(c) is to have effect as if it referred to a period of the length specified in the regulations.

• (11) Regulations under subsection (10)—

• (a) may not specify a period of less than 12 months, and

• (b) may not apply to restricted cases.

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage

193A

• (1) Subsections (2) and (3) apply where—

• (a) a local housing authority owe a duty to an applicant under section 189B(2), and

• (b) the applicant, having been informed of the consequences of refusal and of the applicant's right to request a review of the suitability of the accommodation, refuses—

• (i) a final accommodation offer, or

• (ii) a final Part 6 offer.

• (2) The authority's duty to the applicant under section 189B(2) comes to an end.

• (3) Section 193 (the main housing duty) does not apply.

• (4) An offer is a “final accommodation offer” if—

• (a) it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,

• (b) it is made, with the approval of the authority, in pursuance of arrangements made by the authority in the discharge of their duty under section 189B(2), and

• (c) the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least 6 months.

• (5) A “final Part 6 offer” is an offer of accommodation under Part 6 (allocation of housing) that—

• (a) is made in writing by the authority in the discharge of their duty under section 189B(2), and

• (b) states that it is a final offer for the purposes of this section.

• (6) The authority may not approve a final accommodation offer, or make a final Part 6 offer, unless they are satisfied that the accommodation is suitable for the applicant and that subsection (7) does not apply.

• (7) This subsection applies to an applicant if—

• (a) the applicant is under contractual or other obligations in respect of the applicant's existing accommodation, and

• (b) the applicant is not able to bring those obligations to an end before being required to take up the offer.

Notices in cases of an applicant's deliberate and unreasonable refusal to co-operate

193B

• (1) Section 193C applies where—

• (a) a local housing authority owe a duty to an applicant under section 189B(2) or 195(2), and

• (b) the authority give notice to the applicant under subsection (2).

• (2) A local housing authority may give a notice to an applicant under this subsection if the authority consider that the applicant has deliberately and unreasonably refused to take any step—

• (a) that the applicant agreed to take under subsection (4) of section 189A, or

• (b) that was recorded by the authority under subsection (6)(b) of that section.

• (3) A notice under subsection (2) must—

• (a) explain why the authority are giving the notice and its effect, and

• (b) inform the applicant that the applicant has a right to request a review of the authority's decision to give the notice and of the time within which such a request must be made.

• (4) The authority may not give notice to the applicant under subsection (2) unless—

• (a) the authority have given a relevant warning to the applicant, and

• (b) a reasonable period has elapsed since the warning was given.

• (5) A “relevant warning” means a notice—

• (a) given by the authority to the applicant after the applicant has deliberately and unreasonably refused to take any step—

• (i) that the applicant agreed to take under subsection (4) of section 189A, or

• (ii) that was recorded by the authority under subsection (6)(b) of that section,

• (b) that warns the applicant that, if the applicant should deliberately and unreasonably refuse to take any such step after receiving the notice, the authority intend to give notice to the applicant under subsection (2), and

• (c) that explains the consequences of such a notice being given to the applicant.

• (6) For the purposes of subsections (2) and (5), in deciding whether a refusal by the applicant is unreasonable, the authority must have regard to the particular circumstances and needs of the applicant (whether identified in the authority's assessment of the applicant's case under section 189A or not).

• (7) The Secretary of State may make provision by regulations as to the procedure to be followed by a local housing authority in connection with notices under this section.

• (8) A notice under this section must be given in writing and, if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority's office for a reasonable period for collection by or on behalf of the applicant.

Notice under section 193B: consequences

193C

• (1) In the circumstances mentioned in section 193B(1), this section applies in relation to a local housing authority and an applicant.

• (2) The authority's duty to the applicant under section 189B(2) or 195(2) comes to an end.

• (3) Subsection (4) applies if the authority—

• (a) are satisfied that the applicant is homeless, eligible for assistance and has a priority need, and

• (b) are not satisfied that the applicant became homeless intentionally.

• (4) Section 193 (the main housing duty) does not apply, but the authority must secure that accommodation is available for occupation by the applicant.

• (5) The authority cease to be subject to the duty under subsection (4) if the applicant—

• (a) ceases to be eligible for assistance,

• (b) becomes homeless intentionally from accommodation made available for the applicant's occupation,

• (c) accepts an offer of an assured tenancy from a private landlord, or

• (d) otherwise voluntarily ceases to occupy, as the applicant's only or principal home, the accommodation made available for the applicant's occupation.

• (6) The authority also cease to be subject to the duty under subsection (4) if the applicant, having been informed of the possible consequences of refusal or acceptance and of the applicant's right to request a review of the suitability of the accommodation, refuses or accepts—

• (a) a final accommodation offer, or

• (b) a final Part 6 offer.

• (7) An offer is “a final accommodation offer” if—

• (a) it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,

• (b) it is made, with the approval of the authority, in pursuance of arrangements made by the authority with a view to bringing the authority's duty under subsection (4) to an end, and

• (c) the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least 6 months.

• (8) A “final Part 6 offer” is an offer of accommodation under Part 6 (allocation of housing) that is made in writing and states that it is a final offer for the purposes of this section.

• (9) The authority may not approve a final accommodation offer, or make a final Part 6 offer, unless they are satisfied that the accommodation is suitable for the applicant and that subsection (10) does not apply.

• (10) This subsection applies to an applicant if—

• (a) the applicant is under contractual or other obligations in respect of the applicant's existing accommodation, and

• (b) the applicant is not able to bring those obligations to an end before being required to take up the offer.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

194

Duties in cases of threatened homelessness

195

• (1) This section applies where the local housing authority are satisfied that an applicant is—

• (a) threatened with homelessness, and

• (b) eligible for assistance.

• (2) The authority must take reasonable steps to help the applicant to secure that accommodation does not cease to be available for the applicant's occupation.

• (3) In deciding what steps they are to take, the authority must have regard to their assessment of the applicant's case under section 189A.

• (4) Subsection (2) does not affect any right of the authority, whether by virtue of contract, enactment or rule of law, to secure vacant possession of any accommodation.

• (5) If any of the circumstances mentioned in subsection (8) apply, the authority may give notice to the applicant bringing the duty under subsection (2) to an end.

• (6) But the authority may not give notice to the applicant under subsection (5) on the basis that the circumstances in subsection (8)(b) apply if a valid notice has been given to the applicant under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) that—

• (a) will expire within 56 days or has expired, and

• (b) is in respect of the only accommodation that is available for the applicant's occupation.

• (7) The notice must—

• (a) specify which of the circumstances apply, and

• (b) inform the applicant that the applicant has a right to request a review of the authority's decision to bring the duty under subsection (2) to an end and of the time within which such a request must be made.

• (8) The circumstances are that the authority are satisfied that—

• (a) the applicant has—

• (i) suitable accommodation available for occupation, and

• (ii) a reasonable prospect of having suitable accommodation available for occupation for at least 6 months, or such longer period not exceeding 12 months as may be prescribed, from the date of the notice,

• (b) the authority have complied with the duty under subsection (2) and the period of 56 days beginning with the day that the authority are first satisfied as mentioned in subsection (1) has ended (whether or not the applicant is still threatened with homelessness),

• (c) the applicant has become homeless,

• (d) the applicant has refused an offer of suitable accommodation and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed,

• (e) the applicant has become homeless intentionally from any accommodation that has been made available to the applicant as a result of the authority's exercise of their functions under subsection (2),

• (f) the applicant is no longer eligible for assistance, or

• (g) the applicant has withdrawn the application mentioned in section 183(1).

• (9) A notice under this section must be given in writing and, if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority's office for a reasonable period for collection by or on behalf of the applicant.

• (10) The duty under subsection (2) can also be brought to an end under sections 193B and 193C (notices in cases of applicant's deliberate and unreasonable refusal to co-operate).

Re-application after private rented sector offer

195A