Housing Act 1996

160 Cases where provisions about allocation do not apply. E+W

(1) The provisions of this Part about the allocation of housing accommodation do not apply in the following cases.

(2) They do not apply where a secure tenancy—

(a) vests under section 89 of the M1 Housing Act 1985 (succession to periodic secure tenancy on death of tenant),

(b) remains a secure tenancy by virtue of section 90 of that Act (devolution of term certain of secure tenancy on death of tenant),

(c) is assigned under section 92 of that Act (assignment of secure tenancy by way of exchange),

(d) is assigned to a person who would be qualified to succeed the secure tenant if the secure tenant died immediately before the assignment,

[F1 (da) is granted in response to a request under section 158 of the Localism Act 2011 (transfer of tenancy), or]

(e) vests or is otherwise disposed of in pursuance of an order made under—

(i) section 24 of the M2 Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the M3 Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F2 ...

(iii) paragraph 1 of Schedule 1 to the M4 Children Act 1989 (orders for financial relief against parents).[F3 , or

(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).]

(3) They do not apply where an introductory tenancy—

(a) becomes a secure tenancy on ceasing to be an introductory tenancy,

(b) vests under section 133(2) (succession to introductory tenancy on death of tenant),

(c) is assigned to a person who would be qualified to succeed the introductory tenant if the introductory tenant died immediately before the assignment, or

(d) vests or is otherwise disposed of in pursuance of an order made under—

(i) section 24 of the M5 Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the M6 Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F4 ...

(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents).[F5 , or

(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).]

[F6 (3A) They do not apply where—

(a) a person succeeds to a secure occupation contract under section 73 (succession on death), section 78 (more than one qualified successor), or section 80 (substitute succession on early termination) of the Renting Homes (Wales) Act 2016 (anaw 1),

(b) a secure contract is transferred to a potential successor under section 114 of that Act (transfer to potential successor),

(c) a secure contract is transferred to another secure contract-holder under section 118 of that Act (transfer to another secure contract-holder),

(d) a secure contract or a standard introductory contract vests or is otherwise disposed of in pursuance of an order under—

(i) section 24 of the Matrimonial Causes Act 1973 (c. 18) (property adjustment orders in connection with divorce proceedings, etc.),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (c. 42) (orders for financial provision and property adjustment),

(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (c. 41) (orders for financial relief against parents), or

(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7 to the Civil Partnership Act 2004 (c. 33) (property adjustment orders in connection with civil partnership proceedings or overseas dissolution of civil partnership, etc.), or

(e) an introductory standard contract becomes—

(i) a secure contract under section 16 of the Renting Homes (Wales) Act 2016 (anaw 1) (introductory standard contracts), or

(ii) a prohibited conduct standard contract becomes a secure contract under section 117 of the Renting Homes (Wales) Act 2016 (conversion to secure contract).]

(4) They do not apply in such other cases as the Secretary of State may prescribe by regulations.

(5) The regulations may be framed so as to make the exclusion of the provisions of this Part about the allocation of housing accommodation subject to such restrictions or conditions as may be specified.

In particular, those provisions may be excluded—

(a) in relation to specified descriptions of persons, or

(b) in relation to housing accommodation of a specified description or a specified proportion of housing accommodation of any specified description.

Textual Amendments

F1 S. 160(2)(da) substituted (1.4.2012) for word by Localism Act 2011 (c. 20), ss. 159(7), 240(2); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F2 Word in s. 160(2)(e)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3175, art. 2(6)

F3 S. 160(2)(e)(iv) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 60; S.I. 2005/3175, art. 2(1), Sch. 1

F4 Word in s. 160(3)(d)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3175, art. 2(6)

F5 S. 160(3)(d)(iv) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 60; S.I. 2005/3175, art. 2(1), Sch. 1

F6 S. 160(3A) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(13) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)

Modifications etc. (not altering text)

C1 Pt. 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)

C2 S. 160 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(3); S.I. 2014/2771, art. 6(1)(m); S.I. 2016/11, art. 2(m)

Commencement Information

I1 S. 160 wholly in force 1.4.1997: s. 160 not in force at Royal Assent, see s. 232(1)-(3); s. 160(4)(5) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 160 in force at 1.4.1997 to the extent it is not already in force by S.I. 1996/2959, art. 3

Marginal Citations

M1 1985 c. 68.

M2 1973 c. 18.

M3 1984 c. 42.

M4 1989 c. 41.

M5 1973 c. 18.

M6 1984 c. 42.