Housing Act 1996

Section 173.

SCHEDULE 16 Allocation of housing accommodation: consequential amendments

Housing Act 1985 (c. 68)

1 In section 106 of the Housing Act 1985 (information about allocation of secure tenancies) at the end insert—

“(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 sections 166 and 168 of the Housing Act 1996 (provision of information about housing registers and allocation schemes).”

2 (1) Schedule 1 to the Housing Act 1985 (tenancies which are not secure tenancies) is amended as follows.

(2) In paragraph 2 (premises occupied in connection with employment) at the beginning of sub-paragraph (1), (2) and (3) insert in each case “Subject to sub-paragraph (4B)”.

(3) In sub-paragraph (4) of that paragraph—

(a) at the beginning insert “Subject to sub-paragraph (4A) and (4B)”, and

(b) omit the words from “until” to the end.

(4) After sub-paragraph (4) of that paragraph insert—

“(4A) Except where the landlord is a local housing authority, a tenancy under sub-paragraph (4) shall become a secure tenancy when the periods during which the conditions mentioned in sub-paragraph (1), (2) or (3) are not satisfied with respect to the tenancy amount in aggregate to more than three years.

(4B) Where the landlord is a local housing authority, a tenancy under sub-paragraph (1), (2), (3) or (4) shall become a secure tenancy if the authority notify the tenant that the tenancy is to be regarded as a secure tenancy.”

(5) In paragraph 5 (temporary accommodation for persons taking up employment) in sub-paragraph (1)—

(a) for the words from the beginning to first “grant” substitute “Subject to sub-paragraphs (1A) and (1B), a tenancy is not a secure tenancy”, and

(b) omit from “unless” to the end.

(6) After sub-paragraph (1) of that paragraph insert

“(1A) Except where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy on the expiry of one year from the grant or on earlier notification by the landlord to the tenant that the tenancy is to be regarded as a secure tenancy.

(1B) Where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy if at any time the authority notify the tenant that the tenancy is to be regarded as a secure tenancy.”

(7) In paragraph 10 (student lettings) in sub-paragraph (1)—

(a) for the words from the beginning to “sub-paragraph (3)” substitute “Subject to sub-paragraphs (2A) and (2B), a tenancy of a dwelling-house is not a secure tenancy”, and

(b) omit from “unless” to the end.

(8) After sub-paragraph (2) of that paragraph insert—

“(2A) Except where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy on the expiry of the period specified in sub-paragraph (3) or on earlier notification by the landlord to the tenant that the tenancy is to be regarded as a secure tenancy.

(2B) Where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy if at any time the authority notify the tenant that the tenancy is to be regarded as a secure tenancy.”

(9) In sub-paragraph (3) of that paragraph for the words “sub-paragraph (1)” substitute “sub-paragraph (2A)”.

Asylum and Immigration Act 1996 (c. 49)

3 (1) Section 9 of the Asylum and Immigration Act 1996 (entitlement to housing accommodation and assistance) is amended as follows.

(2) In subsection (1) (entitlement to housing accommodation)—

(a) for “housing authority” substitute “local housing authority within the meaning of the Housing Act 1985”, and

(b) for “the accommodation Part” substitute “Part II of that Act”.

(3) After subsection (4) insert—

“(5) This section does not apply in relation to any allocation of housing accommodation to which Part VI of the Housing Act 1996 (allocation of housing accommodation) applies.”