Part VI Support for Asylum-Seekers

Exclusions

I1118 Housing authority accommodation.

1

Each housing authority must secure that, so far as practicable, a tenancy of, or licence to occupy, housing accommodation provided under the accommodation provisions is not granted to a person subject to immigration control unless—

a

he is of a class specified in an order made by the Secretary of State; or

b

the tenancy of, or licence to occupy, such accommodation is granted in accordance with arrangements made under section F14, 95 or 98.

2

“Housing authority” means—

a

in relation to England and Wales, a local housing authority within the meaning of the M1Housing Act 1985;

b

in relation to Scotland, a local authority within the meaning of the M2Housing (Scotland) Act 1987; and

c

in relation to Northern Ireland, the Executive.

3

“Accommodation provisions” means—

a

in relation to England and Wales, Part II of the Housing Act 1985;

b

in relation to Scotland, Part I of the Housing (Scotland) Act 1987;

c

in relation to Northern Ireland, Part II of the M3Housing (Northern Ireland) Order 1981.

4

“Licence to occupy”, in relation to Scotland, means a permission or right to occupy.

5

“Tenancy”, in relation to England and Wales, has the same meaning as in the M4Housing Act 1985.

6

“Person subject to immigration control” means a person who under the 1971 Act requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).

7

This section does not apply in relation to any allocation of housing to which Part VI of the M5Housing Act 1996 (allocation of housing accommodation) applies.