Modifications etc. (not altering text)
C1Pt. VI excluded (20.1.1997) by S.I. 1996/2753, reg. 3
Pt. VI modified (1.4.1997) by S.I. 1996/3205, art. 2, Sch. 1
Pt. VI excluded (E.) (3.4.2000) by S.I. 2000/702, reg. 3
Pt. VI excluded (W.) (29.1.2003) by The Allocation of Housing (Wales) Regulations 2003 (S.I. 2003/239), reg. 3
Pt. VI excluded (E.) (31.1.2003) by The Allocation of Housing (England) Regulations 2003 (S.I. 2002/3264), reg. 3
(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, or
(c)nominate a person to be an assured tenant of housing accommodation held by [F1a private registered provider of social housing or] a registered social landlord.
(3)The reference in subsection (2)(a) to selecting a person to be a secure tenant includes deciding to exercise any power to notify an existing tenant or licensee that his tenancy or licence is to be a secure tenancy.
(4)The references in subsection (2)(b) and (c) 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.
[F2(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).]
[F3(5)The provisions of this Part do not apply to an allocation of housing accommodation [F4by a local housing authority in Wales] to a person who is already a secure or introductory tenant 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
F1Words 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)
F2S. 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
F3S. 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
F4Words 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