Housing (Scotland) Act 1987

32 Duties to persons found to be threatened with homelessness.S

(1)This section applies where a local authority are satisfied that an applicant is threatened with homelessness.

(2)Where they are satisfied that he has a priority need and are not satisfied that he became threatened with homelessness intentionally they shall take reasonable steps to secure that accommodation does not cease to be available for his occupation.

(3)Where—

(a)they are not satisfied that he has a priority need, or

(b)they are satisfied that he has a priority need, but are also satisfied that he became threatened with homelessness intentionally,

they shall furnish him with advice and such assistance as they consider appropriate in the circumstances, in any attempts he may make to secure that accommodation does not cease to be available for his occupation.

(4)Nothing in subsection (2) shall affect any right of a local authority to secure vacant possession of accommodation, whether by virtue of a contract or of any enactment or rule of law.

(5)In section 31 and in this section, “accommodation” does not include accommodation[F1(a)] that is overcrowded within the meaning of section 135 or which may endanger the health of the occupants.

[F2(b)that does not meet any special needs of the applicant and any other person referred to in section 24(2), or

(c)that it is not reasonable for the applicant to occupy.]

Textual Amendments

F1Words in s. 32(5) renumbered as para. (a) (1.4.2002) by virute of 2001 asp 10, s. 3(4)(b)(i); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

F2S. 32(5)(b)(c) inserted (1.4.2002) by 2001 asp 10, s. 3(4)(b)(ii); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)