Housing Act 1996

[F1 194 Power exercisable after minimum period of duty under s. 193. E+W

(1) Where a local housing authority have been subject to the duty under section 193 in relation to a person until the end of the minimum period, they may continue to secure that accommodation is available for his occupation.

(2) They shall not do so unless they are satisfied on a review under this section that—

(a) he has a priority need,

(b) there is no other suitable accommodation available for occupation by him in their district, and

(c) he wishes the authority to continue securing that accommodation is available for his occupation;

and they shall not continue to do so for more than two years at a time unless they are satisfied on a further review under this section as to those matters.

The review shall be carried out towards the end of the minimum period, or subsequent two year period, with a view to enabling the authority to make an assessment of the likely situation at the end of that period.

(3) They shall cease to do so if events occur such that, by virtue of section 193(6) or (7), they would cease to be subject to any duty under that section.

(4) Where an authority carry out a review under this section they shall make such inquiries as they consider appropriate to determine—

(a) whether they are satisfied as to the matters mentioned in subsection (2)(a) to (c), and

(b) whether any of the events referred to in subsection (3) has occurred;

and on completing the review they shall notify the applicant of their determination and of whether they propose to exercise, or continue to exercise, their power under this section.

(5) The authority may at any time, whether in consequence of a review or otherwise, give notice to the person concerned that they propose to cease exercising their power under this section in his case.

(6) The notice must specify—

(a) the day on which they will cease exercising their power under this section, and

(b) any action that they intend to take as a result,

and must be given not less than the prescribed period before the day so specified.]

Textual Amendments

F1 S. 194 repealed (31.7.2002 for E. and otherwiseprosp.) by 2002 c. 7, ss. 6(3), 18(2), 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2

Modifications etc. (not altering text)

C1 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Commencement Information

I1 S. 194 wholly in force 20.1.1997: s. 194 not in force at Royal Assent, see s. 232(1)-(3); s. 194(6) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4; s. 194 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2