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Housing Act 1996

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This is the original version (as it was originally enacted).

159Allocation 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, or

(c)nominate a person to be an assured tenant of housing accommodation held by 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.

(5)The provisions of this Part do not apply to the allocation of housing accommodation by a local housing authority to a person who is already—

(a)a secure or introductory tenant,

(b)an assured tenant (otherwise than under an assured shorthold tenancy) of housing accommodation held by a registered social landlord, or

(c)an assured tenant of housing accommodation allocated to him by a local housing authority.

(6)The provisions of this Part do not apply to the allocation of housing accommodation by a local housing authority to two or more persons jointly if—

(a)one or more of them is a person within subsection (5)(a), (b) or (c), and

(b)none of the others is excluded from being a qualifying person by section 161(2) or regulations under section 161(3).

(7)Subject to the provisions of this Part, a local housing authority may allocate housing accommodation in such manner as they consider appropriate.

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