Housing Act 1985

106 Information about housing allocation. E+W

(1) A landlord authority shall publish a summary of its rules—

(a) for determining priority as between applicants in the allocation of its housing accommodation, and

(b) governing cases where secure tenants [F1 or secure contract-holders] wish to move (whether or not by way of exchange of dwelling-houses) to other dwelling-houses let under secure tenancies [F2 or secure contracts] by that authority or another body.

(2) A landlord authority shall—

(a) maintain a set of the rules referred to in subsection (1) and of the rules which it has laid down governing the procedure to be followed in allocating its housing accommodation, and

(b) make them available at its principal office for inspection at all reasonable hours, without charge, by members of the public.

(3) A landlord authority which is [F3 a private registered provider of social housing or] a [F4 registered social landlord] shall, instead of complying with paragraph (b) of sub-section (2), send a set of the rules referred to in paragraph (a) of that subsection—

(a) to the [F5 Relevant Authority], and

(b) to the council of any district [F6 , Welsh county or county borough] or London borough in which there are dwelling-houses let or to be let by the [F7 landlord authority] under secure tenancies [F2 or secure contracts];

and a council to whom a set of rules is sent under this subsection shall make it available at its principal office for inspection at all reasonable hours, without charge, by members of the public.

(4) A copy of the summary published under subsection (1) shall be given without charge, and a copy of the set of rules maintained under subsection (2) shall be given on payment of a reasonable fee, to any member of the public who asks for one.

(5) At the request of a person who has applied to it for housing accommodation, a landlord authority shall make available to him, at all reasonable times and without charge, details of the particulars which he has given to the authority about himself and his family and which the authority has recorded as being relevant to his application for accommodation.

[F8 (6) The provisions of this section do not apply to a landlord authority which is a local housing authority so far as they impose requirements corresponding to those to which such an authority is subject under [F9 section] 168 of the Housing Act 1996 (provision of information about F10 ... allocation schemes).]

Textual Amendments

F1 Words in s. 106(1)(b) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(15)(a) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)

F2 Words in s. 106 inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(15)(b) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)

F3 Words in s. 106(3) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 23 (with art. 6, Sch. 3)

F4 Words in s. 106(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(11)(a)

F5 Words in s. 106(3)(a) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 5 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F6 Words in s. 106(3)(b) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(7) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F7 Word in s. 106(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(11)(b)

F8 S. 106(6) inserted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 1; S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

F9 Word in s. 106(6) substituted (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, s. 18(1), Sch. 1 para. 1; S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

F10 Words in s. 106(6) repealed (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, s. 20(1), Sch. 2; S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

Modifications etc. (not altering text)

C1 S. 106(5) excluded by Access to Personal Files Act 1987 (c. 37, SIF 106:1), s. 1(3)(5)