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Housing Act 1996, Section 209 is up to date with all changes known to be in force on or before 05 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies where in pursuance of any of their housing functions under this Part a local housing authority make arrangements with a private landlord to provide accommodation.
For this purpose a “private landlord” means a landlord who is not within section 80(1) of the M1Housing Act 1985 (the landlord condition for secure tenancies).
(2)If the housing function arises under section 188, 190, 200, or 204(4) (interim duties), a tenancy granted in pursuance of the arrangements to a person specified by the authority cannot be an assured tenancy before the end of the period of twelve months beginning with—
(a)the date on which the applicant was notified of the authority’s decision under section 184(3) or 198(5), or
(b)if there is a review of that decision under section 202 or an appeal to the court under section 204, the date on which he is notified of the decision on review or the appeal is finally determined,
unless, before or during that period, the tenant is notified by the landlord (or, in the cases of joint landlords, at least one of them) that the tenancy is to be regarded as an assured shorthold tenancy or an assured tenancy other than an assured shorthold tenancy.
A registered social landlord cannot serve such a notice making such a tenancy an assured tenancy other than an assured shorthold tenancy.
(3)Where in any other case a tenancy is granted in pursuance of the arrangements by a registered social landlord to a person specified by the authority—
(a)the tenancy cannot be an assured tenancy unless it is an assured shorthold tenancy, and
(b)the landlord cannot convert the tenancy to an assured tenancy unless the accommodation is allocated to the tenant under Part VI.
Modifications etc. (not altering text)
C1Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)
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