|
|
|
|
|
|
|
Navigation
News
|
 |
Housing Act 1996 (c. 52)(The document as of February, 2008) Page 11 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 (1) An applicant has the right to request a review of-- (a) any decision of a local housing authority as to his eligibility for assistance, (b) any decision of a local housing authority as to what duty (if any) is owed to him under sections 190 to 193 and 195 to 197 (duties to persons found to be homeless or threatened with homelessness), (c) any decision of a local housing authority to notify another authority under section 198(1) (referral of cases), (d) any decision under section 198(5) whether the conditions are met for the referral of his case, (e) any decision under section 200(3) or (4) (decision as to duty owed to applicant whose case is considered for referral or referred), or (f) any decision of a local housing authority as to the suitability of accommodation offered to him in discharge of their duty under any of the provisions mentioned in paragraph (b) or (e). (2) There is no right to request a review of the decision reached on an earlier review. (3) A request for review must be made before the end of the period of 21 days beginning with the day on which he is notified of the authority's decision or such longer period as the authority may in writing allow. (4) On a request being duly made to them, the authority or authorities concerned shall review their decision. 203 Procedure on a review(1) The Secretary of State may make provision by regulations as to the procedure to be followed in connection with a review under section 202. Nothing in the following provisions affects the generality of this power. (2) Provision may be made by regulations-- (a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and (b) as to the circumstances in which the applicant is entitled to an oral hearing, and whether and by whom he may be represented at such a hearing. (3) The authority, or as the case may be either of the authorities, concerned shall notify the applicant of the decision on the review. (4) If the decision is-- (a) to confirm the original decision on any issue against the interests of the applicant, or (b) to confirm a previous decision-- (i) to notify another authority under section 198 (referral of cases), or (ii) that the conditions are met for the referral of his case, they shall also notify him of the reasons for the decision. (5) In any case they shall inform the applicant of his right to appeal to a county court on a point of law, and of the period within which such an appeal must be made (see section 204). (6) Notice of the decision shall not be treated as given unless and until subsection (5), and where applicable subsection (4), is complied with. (7) Provision may be made by regulations as to the period within which the review must be carried out and notice given of the decision. (8) Notice required to be given to a person under this section shall be given in writing and, if not received by him, shall be treated as having been given if it is made available at the authority's office for a reasonable period for collection by him or on his behalf. 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. (3) On appeal the court may make such order confirming, quashing or varying the decision as it thinks fit. (4) Where the authority were under a duty under section 188, 190 or 200 to secure that accommodation is available for the applicant's occupation, they may continue to secure that accommodation is so available-- (a) during the period for appealing under this section against the authority's decision, and (b) if an appeal is brought, until the appeal (and any further appeal) is finally determined. Supplementary provisions205 Discharge of functions: introductory(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--
(2) In those sections those functions are referred to as the authority's "housing functions under this Part". 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. 207 Discharge of functions: provision of accommodation by the authority(1) A local housing authority shall not under section 206(1)(a) discharge their housing functions under this Part by providing accommodation other than-- (a) accommodation in a hostel within the meaning of section 622 of the [1985 c. 68.] Housing Act 1985, or (b) accommodation leased to the authority as mentioned in subsection (2) below, for more than two years (continuously or in aggregate) in any period of three years. This applies irrespective of the number of applications for accommodation or assistance in obtaining accommodation made by the person concerned. (2) The accommodation referred to in subsection (1)(b) is accommodation-- (a) leased to the authority with vacant possession for use as temporary housing accommodation on terms which include provision for the lessor to obtain vacant possession from the authority on the expiry of a specified period or when required by the lessor, (b) the lessor of which is not an authority or body within section 80(1) of the [1985 c. 68.] Housing Act 1985 (the landlord condition for secure tenancies), and (c) in which the authority have no interest other than under the lease in question or as a mortgagee. (3) The authority shall not discharge such functions in relation to a person who-- (a) normally resides with another person as a member of his family, or (b) might reasonably be expected to reside with another person, in such a way that subsection (1) would be contravened if the functions were discharged in relation to that other person. (4) The Secretary of State may, on the application of a local housing authority, by direction exclude or modify the operation of subsection (1) in relation to that authority if it appears to him that the authority will not otherwise be able reasonably to discharge their housing functions under this Part. (5) Any such direction shall have effect only-- (a) with respect to applicants of a description specified in the direction, and (b) for a period specified in the direction, which shall not exceed one year, and may be expressed to have effect subject to any conditions specified in the direction. (6) Where the Secretary of State gives or has given a direction under subsection (4), he may give the authority such directions as he considers appropriate as to the discharge of their housing functions under this Part in cases affected by the direction having or ceasing to have effect. 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 functions: arrangements with private landlord(1) This section applies where in pursuance of any of their housing functions under this Part a local housing authority make arrangements with a private landlord to provide accommodation. For this purpose a "private landlord" means a landlord who is not within section 80(1) of the [1985 c. 68.] Housing Act 1985 (the landlord condition for secure tenancies). (2) If the housing function arises under section 188, 190, 200, or 204(4) (interim duties), a tenancy granted in pursuance of the arrangements to a person specified by the authority cannot be an assured tenancy before the end of the period of twelve months beginning with-- (a) the date on which the applicant was notified of the authority's decision under section 184(3) or 198(5), or (b) if there is a review of that decision under section 202 or an appeal to the court under section 204, the date on which he is notified of the decision on review or the appeal is finally determined, unless, before or during that period, the tenant is notified by the landlord (or, in the cases of joint landlords, at least one of them) that the tenancy is to be regarded as an assured shorthold tenancy or an assured tenancy other than an assured shorthold tenancy. A registered social landlord cannot serve such a notice making such a tenancy an assured tenancy other than an assured shorthold tenancy. (3) Where in any other case a tenancy is granted in pursuance of the arrangements by a registered social landlord to a person specified by the authority-- (a) the tenancy cannot be an assured tenancy unless it is an assured shorthold tenancy, and (b) the landlord cannot convert the tenancy to an assured tenancy unless the accommodation is allocated to the tenant under Part VI. 210 Suitability of accommodation(1) In determining for the purposes of this Part whether accommodation is suitable for a person, the local housing authority shall have regard to Parts IX, X and XI of the Housing Act 1985 (slum clearance; overcrowding; houses in multiple occupation). (2) The Secretary of State may by order specify-- (a) circumstances in which accommodation is or is not to be regarded as suitable for a person, and (b) matters to be taken into account or disregarded in determining whether accommodation is suitable for a person. 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--
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-- (a) request another relevant housing authority or body, in England, Wales or Scotland, to assist them in the discharge of their functions under this Part, or (b) request a social services authority, in England, Wales or Scotland, to exercise any of their functions in relation to a case which the local housing authority are dealing with under this Part, the authority or body to whom the request is made shall co-operate in rendering such assistance in the discharge of the functions to which the request relates as is reasonable in the circumstances. (2) In subsection (1)(a) "relevant housing authority or body" means-- (a) in relation to England and Wales, a local housing authority, a new town corporation, a registered social landlord or a housing action trust; (b) in relation to Scotland, a local authority, a development corporation, a registered housing association or Scottish Homes. Expressions used in paragraph (a) have the same meaning as in the [1985 c. 68.] Housing Act 1985; and expressions used in paragraph (b) have the same meaning as in the [1987 c. 26.] Housing (Scotland) Act 1987. (3) Subsection (1) above applies to a request by a local authority in Scotland under section 38 of the Housing (Scotland) Act 1987 as it applies to a request by a local housing authority in England and Wales (the references to this Part being construed, in relation to such a request, as references to Part II of that Act). General provisions214 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. 215 Regulations and orders(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. 216 Transitional and consequential matters(1) The provisions of this Part have effect in place of the provisions of Part III of the [1985 c. 68.] Housing Act 1985 (housing the homeless) and shall be construed as one with that Act. (2) Subject to any transitional provision contained in an order under section 232(4) (power to include transitional provision in commencement order), the provisions of this Part do not apply in relation to an applicant whose application for accommodation or assistance in obtaining accommodation was made before the commencement of this Part. (3) The enactments mentioned in Schedule 17 have effect with the amendments specified there which are consequential on the provisions of this Part. 217 Minor definitions: Part VII(1) In this Part, subject to subsection (2)--
(2) In this Part, in relation to Scotland-- (a) "local housing authority" means a local authority within the meaning of the [1988 c. 43.] Housing (Scotland) Act 1988, and (b) "social services authority" means a local authority for the purposes of the [1968 c. 49.] Social Work (Scotland) Act 1968. (3) References in this Part to the district of a local housing authority-- (a) have the same meaning in relation to an authority in England or Wales as in the Housing Act 1985, and (b) in relation to an authority in Scotland, mean the area of the local authority concerned. 218 Index of defined expressions: Part VIIThe 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 VIII Miscellaneous and general provisionsMiscellaneous219 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 [1985 c. 68.] Housing Act 1985 (the landlord condition for secure tenancies), other than a housing co-operative, or (b) a registered social landlord. (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--
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 [1985 c. 69.] Housing Associations Act 1985, (c) Part III of the [1988 c. 50.] Housing Act 1988 (housing action trust areas), or (d) Part VII of the [1989 c. 42.] 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--
(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. 222 Miscellaneous minor amendmentsThe enactments mentioned in Schedule 18 have effect with the amendments specified there, which are miscellaneous minor amendments relating to housing.
General223 Offences by body corporate(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. 224 The Common Council of the City of London(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) A person is not, by reason only of the fact that he occupies a house at a rental from the Common Council, disqualified from being elected or being a member of that Council or any committee of that Council; but no person shall vote as a member of that Council, or any such committee, on a resolution or question which is proposed or arises in pursuance of this Act and relates to land in which he is beneficially interested. (4) A person who votes in contravention of subsection (3) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale; but the fact of his giving the vote does not invalidate any resolution or proceeding of the authority. 225 The Isles of Scilly(1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct. (2) An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 226 Corresponding provision for Northern IrelandAn Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 120 (payment of housing benefit to third parties)-- (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament. 227 RepealsThe enactments specified in Schedule 19 are repealed to the extent specified. 228 Financial provisions(1) There shall be paid out of money provided by Parliament-- (a) any expenses of the Secretary of State incurred in consequence of this Act, and (b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment. (2) There shall be paid out of the National Loans Fund any increase attributable to this Act in the sums so payable under any other enactment. (3) Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund. 229 Meaning of "lease" and "tenancy" and related expressions(1) In this Act "lease" and "tenancy" have the same meaning. (2) Both expressions include-- (a) a sub-lease or a sub-tenancy, and Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 -- Back --
Stat
| |
Other
|