SCHEDULES

SCHEDULE 3Excluded residential tenancy agreements

Social housing

I1I22

1

This paragraph applies for the purposes of paragraph 1.

2

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,

is to be treated as an allocation of housing accommodation by virtue of Part 6 of the Housing Act 1996 (and accordingly section 159(4A) of that Act is to be ignored).

3

An allocation of housing accommodation that falls within a case specified in, or prescribed under, section 160 of the Housing Act 1996 (cases where provisions about allocation under Part 6 of that Act do not apply) is to be treated as an allocation of housing accommodation by virtue of Part 6 of that Act (and accordingly that section is to be ignored).

4

An allocation of housing accommodation by virtue of Part 1 of the Housing (Scotland) Act 1987 is to be treated as provided by virtue of a relevant provision only if it is provided by a local authority within the meaning of that Act (or in pursuance of arrangements made under or for the purposes of that Part with a local authority).

5

Accommodation provided to a person in Northern Ireland by a registered housing association is to be treated as provided to the person by virtue of a relevant provision.

6

Terms used in sub-paragraphs (2) and (3) have the same meanings as in Part 6 of the Housing Act 1996.

7

In sub-paragraph (5) “registered housing association” means a housing association, within the meaning of Part 2 of the Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15)), that is registered in the register of housing associations maintained under Article 14 of that Order.