C1C3 Part VI Allocation of housing accommodation
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)
Introductory
159C3 Allocation of housing accommodation.
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, F9...
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.
F8d
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 F10, 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 F11, a secure contract or an introductory standard contract.
4
The references in subsection (2)(b) F12, (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.
C2F34A
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).
F15
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 F5tenant under a secure F6contract or F7an 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.
Pt. 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