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Housing Act 1996
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Changes over time for: Section 159
Changes to legislation:
Housing Act 1996, Section 159 is up to date with all changes known to be in force on or before 14 November 2024. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 159:
- specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. 6 by S.I. 2019/110 reg. 5
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
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 124(1A) inserted by 2016 c. 22 Sch. 7 para. 20(2)
- s. 124(6) inserted by 2016 c. 22 Sch. 7 para. 20(6)
- s. 124A 124B inserted by 2016 c. 22 Sch. 7 para. 21
- s. 125A(3A)(3B) inserted by 2016 c. 22 Sch. 7 para. 22(3)
- s. 130A inserted by 2016 c. 22 Sch. 8 para. 7
- s. 133(1A) inserted by 2016 c. 22 Sch. 8 para. 9(2)
- s. 143J(3A) inserted by 2016 c. 22 Sch. 8 para. 13(2)
- s. 143J(7)(a) words omitted by S.I. 2022/1166 reg. 25(11)(b) (This amendment comes into force immediately after 2016 c. 22, s. 120 and Sch. 8 para. 13(3) come into force)
- s. 143GA 143GB inserted by 2016 c. 22 Sch. 8 para. 10
- s. 143MA(3A)-(3D) inserted by 2016 c. 22 Sch. 7 para. 27(3)
- s. 143MB inserted by 2016 c. 22 Sch. 7 para. 28
- Sch. 2 para. 10A(1A) inserted by 2024 c. 22 Sch. 13 para. 6(3)
- Sch. 2 para. 10A(6) inserted by 2024 c. 22 Sch. 13 para. 6(6)
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
F1Word in s. 159(2)(b) omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(12)(a) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)
F2Words in s. 159(2)(c) 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. 100 (with art. 6, Sch. 3)
F3S. 159(2)(d)(e) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(12)(b) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)
F4Words in s. 159(3) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(12)(c)(i) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)
F5Words in s. 159(3) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(12)(c)(ii) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)
F6Words in s. 159(4) substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(12)(d) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)
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
F10Words in s. 159(5) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(12)(e)(i) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)
F11Word in s. 159(5) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(12)(e)(ii) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)
F12Words in s. 159(5) substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(12)(e)(iii) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)
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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