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Housing Act 1996

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Housing Act 1996, Section 159 is up to date with all changes known to be in force on or before 26 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations

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159 Allocation of housing accommodation.E+W

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

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

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

(b)nominate a person to be a secure or introductory tenant of housing accommodation held by another person, F1...

(c)nominate a person to be an assured tenant of housing accommodation held by [F2a private registered provider of social housing or] a registered social landlord.

[F3(d)select a person to be a tenant under a secure contract or an introductory standard contract of housing accommodation held by them, or

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

(3)The reference in subsection (2)(a) to selecting a person to be a secure tenant [F4, and the reference in subsection (2)(d) to selecting a person to be a tenant under a secure contract or an introductory standard contract,] includes deciding to exercise any power to notify an existing tenant or licensee that his tenancy or licence is to be a secure tenancy [F5, a secure contract or an introductory standard contract].

(4)The references in subsection (2)(b) [F6, (c) and (e)] to nominating a person include nominating a person in pursuance of any arrangements (whether legally enforceable or not) to require that housing accommodation, or a specified amount of housing accommodation, is made available to a person or one of a number of persons nominated by the authority.

[F7(4A)Subject to subsection (4B), the provisions of this Part do not apply to an allocation of housing accommodation by a local housing authority in England to a person who is already—

(a)a secure or introductory tenant, or

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

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

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

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

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

[F8(5)The provisions of this Part do not apply to an allocation of housing accommodation [F9by a local housing authority in Wales] to a person who is already a [F10tenant under a] secure [F11contract] or [F12an introductory standard contract] unless the allocation involves a transfer of housing accommodation for that person and is made on his application.]

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

Textual Amendments

F7S. 159(4A)(4B) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 145(2), 240(2); S.I. 2012/57, art. 4(1)(j) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

F8S. 159(5) substituted (27.1.2003 for W. and 31.1.2003 for E.) for s. 159(5)(6) by 2002 c. 7, s. 13 (with s. 20(4)); S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

F9Words in s. 159(5) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 145(3), 240(2); S.I. 2012/57, art. 4(1)(j) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

Modifications etc. (not altering text)

C1Pt. VI modified (1.12.2014 for specified purposes, 1.2.2016 for E. in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 3 para. 2(2); S.I. 2014/2771, art. 6(1)(m); S.I. 2016/11, art. 2(m)

C2S. 159(4A) excluded (1.12.2014 for specified purposes, 1.2.2016 for E. in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 3 para. 2(2); S.I. 2014/2771, art. 6(1)(m); S.I. 2016/11, art. 2(m)

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