(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) section 8 of the Housing Act 1988 (notice of proceedings for possession) that—
(a) will expire specifies a date that is within 56 days or has expired passed, 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).
195A Re-application after private rented sector offer
(1) If within two years beginning with the date on which an applicant accepts an offer under section 193(7AA) (private rented sector offer), the applicant re-applies for accommodation, or for assistance in obtaining accommodation, and the local housing authority—
(a) is satisfied that the applicant is homeless and eligible for assistance, and
(b) is not satisfied that the applicant became homeless intentionally,
the duty under section 193(2) applies regardless of whether the applicant has a priority need.
(2) For the purpose of subsection (1), an applicant in respect of whom a valid notice under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) has been given is to be treated as homeless from the date on which that notice expires.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Subsection (1) ... does not apply to a case where the local housing authority would not be satisfied as mentioned in that subsection without having regard to a restricted person.
(6) Subsection (1) ... does not apply to a re-application by an applicant for accommodation, or for assistance in obtaining accommodation, if the immediately preceding application made by that applicant was one to which subsection (1) ... applied.
198 Referral of case to another local housing authority.
(A1) If the local housing authority would be subject to the duty under section 189B (initial duty owed to all eligible persons who are homeless) but consider that the conditions are met for referral of the case to another local housing authority in England, they may notify that other authority of their opinion.
(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.
...
(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 abuse in that other district.
(2ZA) The conditions for referral of the case to another authority are also met if—
(a) the application is made within the period of two years beginning with the date on which the applicant accepted an offer from the other authority under section 193(7AA) (private rented sector offer), and
(b) neither the applicant nor any person who might reasonably be expected to reside with the applicant will run the risk of domestic abuse in the district of the other authority.
(2A) But the conditions for referral mentioned in subsection (2) or (2ZA) are not met if—
(a) the applicant or any person who might reasonably be expected to reside with him has suffered violence (other than violence that is domestic abuse) in the district of the other authority; and
(b) it is probable that the return to that district of the victim will lead to further violence of a similar kind against him.
(3) For the purposes of subsections (2), (2ZA) and (2A)—
(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.
(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.
(4A) Subsection (4) is to be construed, in a case where the other authority is an authority in Wales, as if the reference to “this Part” were a reference to Part 2 of the Housing (Wales) Act 2014.
(5) The question whether the conditions for referral of a case which does not involve a referral to a local housing authority in Wales 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.
(5A) The question whether the conditions for referral of a case involving a referral to a local housing authority in Wales 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 and the Welsh Ministers may jointly 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 or, in the case of an order under subsection (5A), to the Secretary of State and the Welsh Ministers to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.
(7) An order under this section shall not be made unless a draft of the order has been approved by a resolution of each House of Parliament and, in the case of a joint order, a resolution of the National Assembly for Wales .
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Residence in a district is not of a person’s own choice if—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The Secretary of State may by order specify ... 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.
(6) A person has a local connection with the district of a local housing authority if he was (at any time) provided with accommodation in that district under section 95 of the Immigration and Asylum Act 1999 (support for asylum seekers).
(7) But subsection (6) does not apply—
(a) to the provision of accommodation for a person in a district of a local housing authority if he was subsequently provided with accommodation in the district of another local housing authority under section 95 of that Act, or
(b) to the provision of accommodation in an accommodation centre by virtue of section 22 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (use of accommodation centres for section 95 support).
(8) While a local authority in England have a duty towards a person under section 23C of the Children Act 1989 (continuing functions in respect of former relevant children)—
(a) if the local authority is a local housing authority, the person has a local connection with their district, and
(b) otherwise, the person has a local connection with every district of a local housing authority that falls within the area of the local authority.
(9) In subsection (8), “local authority” has the same meaning as in the Children Act 1989 (see section 105 of that Act).
(10) Where, by virtue of being provided with accommodation under section 22A of the Children Act 1989 (provision of accommodation for children in care), a person is normally resident in the district of a local housing authority in England for a continuous period of at least two years, some or all of which falls before the person attains the age of 16, the person has a local connection with that district.
(11) A person ceases to have a local connection with a district under subsection (10) upon attaining the age of 21 (but this does not affect whether the person has a local connection with that district under any other provision of this section).
199A Duties to the applicant whose case is considered for referral or referred under section 198(A1)
(1) Where a local housing authority (“the notifying authority”) notify an applicant that they intend to notify or have notified another local housing authority in England (“the notified authority”) under section 198(A1) of their opinion that the conditions are met for referral of the applicant's case to the notified authority, the notifying authority—
(a) cease to be subject to any duty under section 188 (interim duty to accommodate in case of apparent priority need), and
(b) are not subject to the duty under section 189B (initial duty owed to all eligible persons who are homeless).
(2) But, if the notifying authority have reason to believe that the applicant may have a priority need, they must secure that accommodation is available for occupation by the applicant until the applicant is notified of the decision as to whether the conditions for referral of the applicant's case are met.
(3) When it has been decided whether the conditions for referral are met, the notifying authority must give notice of the decision and the reasons for it to the applicant.
The notice must also inform the applicant of the applicant's right to request a review of the decision and of the time within which such a request must be made.
(4) If it is decided that the conditions for referral are not met—
(a) the notifying authority are subject to the duty under section 189B,
(b) the references in subsections (4) and (7)(b) of that section to the day that the notifying authority are first satisfied as mentioned in subsection (1) of that section are to be read as references to the day on which notice is given under subsection (3) of this section, and
(c) if the notifying authority have reason to believe that the applicant may have a priority need, they must secure that accommodation is available for occupation by the applicant until the later of—
(i) the duty owed to the applicant under section 189B coming to an end, and
(ii) the authority deciding what other duty (if any) they owe to the applicant under this Part after the duty under section 189B comes to an end.
(5) If it is decided that the conditions for referral are met—
(a) for the purposes of this Part, the applicant is to be treated as having made an application of the kind mentioned in section 183(1) to the notified authority on the date on which notice is given under subsection (3),
(b) from that date, the notifying authority owes no duties to the applicant under this Part,
(c) where the notifying authority have made a decision as to whether the applicant is eligible for assistance, is homeless or became homeless intentionally, the notified authority may only come to a different decision if they are satisfied that—
(i) the applicant's circumstances have changed, or further information has come to light, since the notifying authority made their decision, and
(ii) that change in circumstances, or further information, justifies the notified authority coming to a different decision to the notifying authority, and
(d) the notifying authority must give to the notified authority copies of any notifications that the notifying authority have given to the applicant under section 189A(3) or (10) (notifications of the notifying authority's assessments of the applicant's case).
(6) A duty under subsection (2) or paragraph (c) of subsection (4) ceases as provided in the subsection or paragraph concerned even if the applicant requests a review of the authority's decision upon which the duty ceases.
The authority may secure that accommodation is available for the applicant's occupation pending the decision on review.
(7) 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.
200 Duties to applicant whose case is considered for referral or referred under section 198(1).
(1) Where a local housing authority notify an applicant that they intend to notify or have notified another local housing authority under section 198(1) 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.
(1A) A local housing authority in England may not notify an applicant as mentioned in subsection (1) until the authority's duty to the applicant under section 189B(2) (initial duty owed to all eligible persons who are homeless) has come to an end.
(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 are subject to the duty under section 193 (the main housing duty).
(4) If it is decided that those conditions are met and the notified authority is not an authority in Wales, the notified authority are subject to the duty under section 193 (the main housing duty) ; for provision about cases where it is decided that those conditions are met and the notified authority is an authority in Wales, see section 83 of the Housing (Wales) Act 2014 (cases referred from a local housing authority in England).
(5) The duty under subsection (1), ... ceases as provided in that subsection even if the applicant requests a review of the authority’s decision (see section 202).
The authority may secure that accommodation is available for the applicant’s occupation pending the decision on a review.
(6) Notice ... 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.
201 Application of referral provisions to cases arising in Scotland.
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 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).
201A Cases referred from a local housing authority in Wales
(1) This section applies where an application has been referred by a local housing authority in Wales to a local housing authority in England under section 80 of the Housing (Wales) Act 2014 (referral of case to another local housing authority).
(2) If it is decided that the conditions in that section for referral of the case are met, the notified authority are subject to the duty under section 193 of this Act in respect of the person whose case is referred (the main housing duty); for provision about cases where it is decided that the conditions for referral are not met, see section 82 of the Housing (Wales) Act 2014 (duties to applicant whose case is considered for referral or referred).
(3) References in this Part to an applicant include a reference to a person to whom a duty is owed by virtue of subsection (2).
(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 189B to 193C and 195 ... (duties to persons found to be homeless or threatened with homelessness),
(ba) any decision of a local housing authority—
(i) as to the steps they are to take under subsection (2) of section 189B, or
(ii) to give notice under subsection (5) of that section bringing to an end their duty to the applicant under subsection (2) of that section,
(bb) any decision of a local housing authority to give notice to the applicant under section 193B(2) (notice given to those who deliberately and unreasonably refuse to co-operate),
(bc) any decision of a local housing authority—
(i) as to the steps they are to take under subsection (2) of section 195, or
(ii) to give notice under subsection (5) of that section bringing to an end their duty to the applicant under subsection (2) of that section,
(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), ...
(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) or as to the suitability of accommodation offered to him as mentioned in section 193(7), ...
(g) any decision of a local housing authority as to the suitability of accommodation offered to him by way of a private rented sector offer (within the meaning of section 193), or
(h) any decision of a local housing authority 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 or 193C).
(1A) An applicant who is offered accommodation as mentioned in section 193(5), (7) or (7AA) may under subsection (1)(f) or (as the case may be) (g) request a review of the suitability of the accommodation offered to him whether or not he has accepted the offer.
(1B) An applicant may, under subsection (1)(h), request a review of the suitability of the accommodation offered whether or not the applicant has accepted the offer.
(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 the 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.
204 Right of appeal to county court on point of law.
(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.
(2A) The court may give permission for an appeal to be brought after the end of the period allowed by subsection (2), but only if it is satisfied—
(a) where permission is sought before the end of that period, that there is a good reason for the applicant to be unable to bring the appeal in time; or
(b) where permission is sought after that time, that there was a good reason for the applicant’s failure to bring the appeal in time and for any delay in applying for permission.
(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, 199A or 200 to secure that accommodation is available for the applicant’s occupation, ... they may 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) This section applies where an applicant has the right to appeal to the county court against a local housing authority’s decision on a review.
(2) If the applicant is dissatisfied with a decision by the authority—
(a) not to exercise their power under section 204(4) (“the section 204(4) power”) in his case;
(b) to exercise that power for a limited period ending before the final determination by the county court of his appeal under section 204(1) (“the main appeal”); or
(c) to cease exercising that power before that time,
he may appeal to the county court against the decision.
(3) An appeal under this section may not be brought after the final determination by the county court of the main appeal.
(4) On an appeal under this section the court—
(a) may order the authority to secure that accommodation is available for the applicant’s occupation until the determination of the appeal (or such earlier time as the court may specify); and
(b) shall confirm or quash the decision appealed against,
and in considering whether to confirm or quash the decision the court shall apply the principles applied by the High Court on an application for judicial review.
(5) If the court quashes the decision it may order the authority to exercise the section 204(4) power in the applicant’s case for such period as may be specified in the order.
(6) An order under subsection (5)—
(a) may only be made if the court is satisfied that failure to exercise the section 204(4) power in accordance with the order would substantially prejudice the applicant’s ability to pursue the main appeal;
(b) may not specify any period ending after the final determination by the county court of the main appeal.
(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 208 (out-of-area placements),
section 209 (arrangements with private landlord).
(2) In sections 206 and 208 those functions are referred to as the authority’s “housing functions under this Part”.
(3) For the purposes of this section, a local housing authority's duty under section 189B(2) or 195(2) is a function of the authority to secure that accommodation is available for the occupation of a person only if the authority decide to discharge the duty by securing that accommodation is so available.
206 Discharge of functions by local housing authorities.
(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.
208 Discharge of functions: out-of-area placements.
(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.
209 Discharge of interim duties: arrangements with private landlord
(1) This section applies where in pursuance of any of their housing functions under section 188, 190, 199A, 200 or 204(4) (interim duties) a local housing authority make arrangements with a private landlord to provide accommodation.
(2) A tenancy granted to the applicant in pursuance of the arrangements 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 case 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 assured tenancy.
(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 9 and 10 of the Housing Act 1985 (slum clearance and overcrowding) and Parts 1 to 4 of the Housing Act 2004 .
(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.
211 Protection of property of homeless persons and persons threatened with homelessness.
(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 189B (initial duty owed to all eligible persons who are homeless),
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.
212 Protection of property: supplementary provisions.
(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.
213 Co-operation between relevant housing authorities and bodies.
(1) Where a local housing authority in England—
(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 private registered provider of social housing 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 Housing Act 1985; and expressions used in paragraph (b) have the same meaning as in the 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).
213A Co-operation in certain cases involving children
(1) This section applies where a local housing authority have reason to believe that an applicant with whom a person under the age of 18 normally resides, or might reasonably be expected to reside—
(a) may be ineligible for assistance; or
(b) may be homeless and may have become so intentionally; ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A local housing authority shall make arrangements for ensuring that, where this section applies—
(a) the applicant is invited to consent to the referral of the essential facts of his case to the social services authority for the district of the housing authority (where that is a different authority); and
(b) if the applicant has given that consent, the social services authority are made aware of those facts and of the subsequent decision of the housing authority in respect of his case.
(3) Where the local housing authority and the social services authority for a district are the same authority (a “unitary authority”), that authority shall make arrangements for ensuring that, where this section applies—
(a) the applicant is invited to consent to the referral to the social services department of the essential facts of his case; and
(b) if the applicant has given that consent, the social services department is made aware of those facts and of the subsequent decision of the authority in respect of his case.
(4) Nothing in subsection (2) or (3) affects any power apart from this section to disclose information relating to the applicant’s case to the social services authority or to the social services department (as the case may be) without the consent of the applicant.
(5) Where a social services authority—
(a) are aware of a decision of a local housing authority that the applicant is ineligible for assistance or became homeless intentionally, and
(b) request the local housing authority to provide them with advice and assistance in the exercise of their social services functions under Part 3 of the Children Act 1989 or Part 6 of the Social Services and Well-being (Wales) Act 2014,
the local housing authority shall provide them with such advice and assistance as is reasonable in the circumstances.
(6) A unitary authority shall make arrangements for ensuring that, where they make a decision of a kind mentioned in subsection (5)(a), the housing department provide the social services department with such advice and assistance as the social services department may reasonably request.
(7) In this section, in relation to a unitary authority—
“the housing department” means those persons responsible for the exercise of their housing functions; and
“the social services department” means those persons responsible for the exercise of their social services functions under Part 3 of the Children Act 1989 or Part 6 of the Social Services and Well-being (Wales) Act 2014.
213AA Duty of local housing authority in England to notify in certain cases involving children
(1) This section applies where a local housing authority in England secures that accommodation is available for occupation by a child, in response to an application for assistance under this Part, unless securing that such accommodation is available means the authority ceases to be subject to the duty under section 193.
(2) Except as provided in subsection (3), the authority must ask the parent of the child—
(a) to agree to the authority notifying each relevant body applicable to the child that accommodation has been secured for the child as mentioned in subsection (1), and
(b) if that agreement is given, to provide the authority with information about those bodies to enable the authority to identify each relevant body applicable to the child.
(3) If the child—
(a) is 16 or 17 years old,
(b) is living independently from their parents, and
(c) is the applicant for assistance within the meaning of section 183(2),
the authority must ask the child as provided in subsection (2)(a) and (b).
(4) If the parent or child (as the case may be) agrees to the authority making the notification mentioned in subsection (2)(a), the authority must take reasonable steps to notify each relevant body applicable to the child within 14 days beginning with the latest of—
(a) the day on which the authority receives agreement,
(b) the day on which the information about the relevant body is provided to the authority, and
(c) the day on which the child is placed in accommodation.
(5) The duties in subsections (2) and (4) only arise once in relation to each application for assistance under this Part.
(6) In this section “relevant body” means—
(a) the general medical practice in England with which the child is registered;
(b) the body in the child’s local authority area in England through which health visiting services are available to the child;
(c) the appropriate authority of a relevant educational institution in England at which the child is a registered pupil or student.
(7) The Secretary of State may make provision by regulations for the purposes of this section—
(a) specifying any other description of body as a “relevant body”;
(b) specifying any other institution as a relevant educational institution;
(c) specifying the appropriate authority to be notified under this section in relation to an institution specified under paragraph (b).
(8) In this section—
“appropriate authority” means—
in relation to an Academy, a non-maintained special school, a special post-16 institution, an independent school or a provider of post-16 education or training, the proprietor;
in relation to a school maintained by a local authority or an institution within the further education sector, the governing body;
“child” means a person under the age of 18;
“parent” in relation to a child, includes any person—
who is not a parent of the child but who has parental responsibility for the child, or
who has care of the child, disregarding any absence of the child at a hospital or boarding school or any other temporary absence;
“parental responsibility” has the meaning given by section 3 of the Children Act 1989;
“proprietor” means the person or body of persons responsible for the management of the school or institution;
“relevant educational institution” means—
an Academy (as defined by section 579(1) of the Education Act 1996) other than a secure 16-19 Academy (within the meaning of section 1B(7) of the Academies Act 2010);
a school maintained by a local authority (within the meaning of section 142(1) of the School Standards and Framework Act 1998);
a non-maintained special school (within the meaning of section 337A of the Education Act 1996);
an independent school (within the meaning of section 463 of the Education Act 1996);
an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992);
a special post-16 institution (within the meaning of section 83 of the Children and Families Act 2014);
a provider of post-16 education or training that provides the kind of education or training mentioned in section 123(1)(d) or (g) of the Education and Inspections Act 2006;
a provider of post-16 education or training that provides education or training, other than in institutions within the further education sector, which is suitable to the requirements of persons aged 16 or over but under 19 and funded wholly or partly by the Secretary of State.
213B Duty of public authority to refer cases in England to local housing authority
(1) This section applies if a specified public authority considers that a person in England in relation to whom the authority exercises functions is or may be homeless or threatened with homelessness.
(2) The specified public authority must ask the person to agree to the authority notifying a local housing authority in England of—
(a) the opinion mentioned in subsection (1), and
(b) how the person may be contacted by the local housing authority.
(3) If the person—
(a) agrees to the specified public authority making the notification, and
(b) identifies a local housing authority in England to which the person would like the notification to be made,
the specified public authority must notify that local housing authority of the matters mentioned in subsection (2)(a) and (b).
(4) In this section “specified public authority” means a public authority specified, or of a description specified, in regulations made by the Secretary of State.
(5) In subsection (4) “public authority” means a person (other than a local housing authority) who has functions of a public nature.
214 False statements, withholding information and failure to disclose change of circumstances.
(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) The Secretary of State may from time to time issue one or more codes of practice dealing with the functions of a local housing authority in England relating to homelessness or the prevention of homelessness.
(2) The provision that may be made by a code of practice under this section includes, in particular, provision about—
(a) the exercise by a local housing authority of functions under this Part;
(b) the training of an authority's staff in relation to the exercise of those functions;
(c) the monitoring by an authority of the exercise of those functions.
(3) A code of practice may—
(a) apply to all local housing authorities or to the local housing authorities specified or described in the code;
(b) contain different provision for different kinds of local housing authority.
(4) The Secretary of State may issue a code of practice under this section only in accordance with subsections (5) and (6).
(5) Before issuing the code of practice, the Secretary of State must lay a draft of the code before Parliament.
(6) If—
(a) the Secretary of State lays a draft of the code before Parliament, and
(b) no negative resolution is made within the 40-day period,
the Secretary of State may issue the code in the form of the draft.
(7) For the purposes of subsection (6)—
(a) a “negative resolution” means a resolution of either House of Parliament not to approve the draft of the code, and
(b) “the 40-day period” means the period of 40 days beginning with the day on which the draft of the code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).
(8) In calculating the 40-day period, no account is to be taken of any period during which—
(a) Parliament is dissolved or prorogued, or
(b) both Houses are adjourned for more than four days.
(9) The Secretary of State may—
(a) from time to time revise and reissue a code of practice under this section;
(b) revoke a code of practice under this section.
(10) Subsections (4) to (6) do not apply to the reissue of a code of practice under this section.
(11) The Secretary of State must publish the current version of each code of practice under this section in whatever manner the Secretary of State thinks fit.
(12) A local housing authority must have regard to a code of practice under this section in exercising their functions.
(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 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)—
“private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985 (c. 68) (the landlord condition for secure tenancies);
“relevant authority” means a local housing authority or a social services authority; and
“social services authority” means—
in relation to England a local authority for the purposes of the Local Authority Social Services Act 1970, as defined in section 1 of that Act.
in relation to Wales, a local authority exercising social services functions for the purposes of the Social Services and Well-being (Wales) Act 2014.
(2) In this Part, in relation to Scotland—
(a) “local housing authority” means a local authority within the meaning of the Housing (Scotland) Act 1988, and
(b) “social services authority” means a local authority for the purposes of the 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)
. . . | . . .
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 and 208) | section 205(2)
intentionally homeless | section 191
... | ...
local connection | section 199
local housing authority— -in England and Wales -in Scotland | section 230 section 217(2)(a)
... | ...
prescribed | section 215(1)
priority need | section 189
private landlord | section 217(1)
reasonable to continue to occupy accommodation | section 177
registered social landlord | section 230
restricted person | section 184(7)
relevant authority | section 217(1)
social services authority | section 217(1) and (2)(b)
threatened with homelessness | section 175(4)
218A Anti-social behaviour: landlords' policies and procedures
(1) This section applies to the following landlords—
(a) a local housing authority;
(b) a housing action trust;
(ba) a non-profit registered provider of social housing;
(c) a registered social landlord.
(2) The landlord must prepare—
(a) a policy in relation to anti-social behaviour;
(b) procedures for dealing with occurrences of anti-social behaviour.
(3) The landlord must not later than 6 months after the commencement of section 12 of the Anti-social Behaviour Act 2003 publish a statement of the policy and procedures prepared under subsection (2).
(4) The landlord must from time to time keep the policy and procedures under review and, when it thinks appropriate, publish a revised statement.
(5) A copy of a statement published under subsection (3) or (4)—
(a) must be available for inspection at all reasonable hours at the landlord’s principal office;
(b) must be provided on payment of a reasonable fee to any person who requests it.
(6) The landlord must also—
(a) prepare a summary of its current policy and procedures;
(b) provide without charge a copy of the summary to any person who requests it.
(7) In preparing and reviewing the policy and procedures the landlord must have regard to guidance issued—
(a) by the Secretary of State in the case of a local housing authority or a housing action trust;
(aa) by the Regulator of Social Housing in the case of a non-profit registered provider of social housing;
(b) by the Welsh Ministers under section 36 in the case of a registered social landlord.
(8) Anti-social behaviour is—
(a) conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or
(b) conduct that consists of or involves using or threatening to use housing accommodation owned or managed by the landlord for an unlawful purpose.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
219 Directions as to certain charges by social landlords.
(1) The Secretary of State may give directions to social landlords about the making of service charges in respect of works of repair, maintenance or improvement—
(a) requiring or permitting the waiver or reduction of charges where relevant assistance is given by the Secretary of State, and
(b) permitting the waiver or reduction of charges in such other circumstances as may be specified in the directions.
(2) A direction shall not require the waiver or reduction of charges by reference to assistance for which application was made before the date on which the direction was given, but subject to that directions may relate to past charges or works to such extent as appears to the Secretary of State to be appropriate.
(3) Directions which require or permit the waiver or reduction of charges have corresponding effect—
(a) in relation to charges already demanded so as to require or permit the non-enforcement of the charges, and
(b) in relation to charges already paid so as to require or permit a refund.
(4) For the purposes of this section “social landlord” means—
(a) an authority or body within section 80(1) of the Housing Act 1985 (the landlord condition for secure tenancies), other than the Homes and Communities Agency, the Greater London Authority, the Welsh Ministers and a housing co-operative, ...
(aa) a private registered provider of social housing, or
(b) a registered social landlord.
(4A) A direction may be given to a social landlord which is a profit-making private registered provider of social housing only in relation to charges relating to its social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008).
(5) In this section “assistance” means grant or other financial assistance of any kind; and directions may specify what assistance is relevant for the purposes of this section, and to what buildings or other land any assistance is to be regarded as relevant.
(6) The provisions of section 220 supplement this section.
220 Directions as to certain charges: supplementary provisions.
(1) Directions under section 219 may make different provision for different cases or descriptions of case.
This includes power to make—
(a) different provision for different social landlords or descriptions of social landlords, and
(b) different provision for different areas.
(2) Directions under section 219 requiring the reduction of a service charge may specify the amount (or proportion) of the reduction or provide for its determination in such manner as may be specified.
(3) Directions under section 219 permitting the waiver or reduction of a service charge may specify criteria to which the social landlord is to have regard in deciding whether to do so or to what extent.
(4) The Secretary of State shall publish any direction under section 219 relating to all social landlords or any description of social landlords in such manner as he considers appropriate for bringing it to the notice of the landlords concerned.
(5) For the purposes of section 219 “service charge” means an amount payable by a lessee of a dwelling—
(a) which is payable, directly or indirectly, for repairs, maintenance or improvements, and
(b) the whole or part of which varies or may vary according to the relevant costs.
(6) The relevant costs are the costs or estimated costs incurred or to be incurred by or on behalf of the social landlord, or a superior landlord, in connection with the matters for which the service charge is payable.
For this purpose costs are relevant costs in relation to a service charge whether they are incurred, or to be incurred, in the period for which the service charge is payable or in an earlier or later period.
(7) In this section—
“costs” includes overheads, and
“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling.
220A Provision of general advice etc about residential licences: England
(1) The Secretary of State may give financial assistance to any person in relation to the provision by that person of—
(a) information, training or general advice about any matter relating to residential licences in England, or
(b) a dispute resolution service in connection with any matter relating to residential licences in England.
(2) Financial assistance under this section may be given in such form and on such terms as the Secretary of State considers appropriate.
(3) The terms on which financial assistance under this section may be given may, in particular, include provision as to the circumstances in which the assistance must be repaid or otherwise made good to the Secretary of State and the manner in which that is to be done.
221 Exercise of compulsory purchase powers in relation to Crown land.
(1) This section applies to any power to acquire land compulsorily under—
(a) the Housing Act 1985,
(b) the Housing Associations Act 1985,
(c) Part III of the Housing Act 1988 (housing action trust areas), or
(d) Part VII of the Local Government and Housing Act 1989 (renewal areas).
(2) Any power to which this section applies may be exercised in relation to an interest in Crown land which is for the time being held otherwise than by or on behalf of the Crown, but only with the consent of the appropriate authority.
(3) In this section “Crown land” means land in which there is a Crown interest or a Duchy interest.
For this purpose—
“Crown interest” means an interest belonging to Her Majesty in right of the Crown or belonging to a government department or held in trust for Her Majesty for the purposes of a government department; and
“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.
(4) For the purposes of this section “the appropriate authority”, in relation to Crown land, is—
(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;
(b) in relation to any other land belonging to Her Majesty in right of the Crown, the government department having the management of that land;
(c) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;
(d) in relation to land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;
(e) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department.
(5) If any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.
The enactments mentioned in Schedule 18 have effect with the amendments specified there, which are miscellaneous minor amendments relating to housing.
Part I relates to housing management.
Part II relates to housing finance.
Part III relates to orders in relation to property in family and matrimonial proceedings, &c.
Part IV relates to other housing provisions.
(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in such a capacity, he as well as the body corporate is guilty of an offence and liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(1) The Common Council of the City of London may appoint a committee, consisting of so many persons as they think fit, for any purposes of this Act which in their opinion may be better regulated and managed by means of a committee.
(2) A committee so appointed—
(a) shall consist as to a majority of its members of members of the Common Council, and
(b) shall not be authorised to borrow money or to make a rate,
and shall be subject to any regulations and restrictions which may be imposed by the Common Council.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .