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The Homelessness (Suitability of Accommodation) (England) Order 2012

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EXPLANATORY NOTE

(This note is not part of the Order)

Accommodation secured by a local housing authority, or secured from another person on the advice and assistance of the local housing authority, in the discharge of their housing functions under Part VII of the Housing Act 1996 (“the 1996 Act”) must be suitable (section 206(1) of the 1996 Act).

The local housing authority is also required to be satisfied that the accommodation offered to an applicant by way of a private rented sector offer, under section 193(7AA) of the 1996 Act, is suitable for the applicant. An applicant who is eligible for assistance, in priority need and unintentionally homeless is owed the main homelessness duty (section 193(2) of the 1996 Act) by the local housing authority, to secure that accommodation is made available for occupation by the applicant. Section 193 of the 1996 Act was amended by the Localism Act 2011 to include a power for local housing authorities to discharge the main homelessness duty by way of a private rented sector offer (section 193(7AA) of the 1996 Act). A private rented sector offer is an offer of an assured shorthold tenancy by a private landlord which is made, with the approval of the authority, in pursuance of arrangements by the authority with the landlord with a view to bringing the authority’s homelessness duty to an end. The assured shorthold tenancy offered is a fixed term tenancy for a period of at least 12 months. Section 193(7F) of the 1996 Act requires that a local housing authority is satisfied that the private rented sector offer accommodation is suitable.

The Secretary of State has the power to specify, by order, circumstances in which accommodation is or is not to be regarded as suitable for a person (section 210(2)(a) of the 1996 Act) and matters to be taken into account in determining whether accommodation is suitable for a person (section 210(2)(b) of the 1996 Act).

Article 2 makes provision for matters to be taken into account in determining whether accommodation is suitable for a person.

Article 3 sets out circumstances where accommodation which is being provided to an applicant for the purpose of a private rented sector offer under section 193(7F) of the 1996 Act is not to be regarded as suitable.

An impact assessment has been prepared in respect of this Order. It has been deposited in the Library of each House of Parliament and is available from the Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DU or email john.bentham@communities.gsi.gov.uk.

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