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Housing (Wales) Act 2014

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This is the original version (as it was originally enacted).

93Protection of property
This section has no associated Explanatory Notes

(1)Where a local housing authority has become subject to a duty in respect of an applicant as described in subsection (2), it must take reasonable steps to prevent the loss of the personal property of the applicant or prevent or mitigate damage to it if the authority has reason to believe that—

(a)there is danger of loss of, or damage to, the property by reason of the applicant’s inability to protect it or deal with it, and

(b)no other suitable arrangements have been or are being made.

(2)The duties in respect of an applicant are—

  • section 66 (duty to help to prevent an applicant from becoming homeless) in the case of an applicant in priority need;

  • section 68 ( interim duty to secure accommodation for homeless applicants in priority need);

  • section 75 (duty to secure accommodation for applicants in priority need when the duty in section 73 ends);

  • section 82 (duties to applicant whose case is considered for referral or referred) in the case of an applicant in priority need.

(3)Where a local housing authority has become subject to the duty in subsection (1), it continues to be subject to that duty even if the duty in respect of the applicant as described in subsection (2) comes to an end.

(4)The duty of a local housing authority under subsection (1) is subject to any conditions it considers appropriate in the particular case, which may include conditions as to—

(a)the making and recovery by the authority of reasonable charges for the action taken, or

(b)the disposal by the authority, in such circumstances as may be specified, of property in relation to which it has taken action.

(5)A local housing authority may take any steps it considers reasonable for the purpose of protecting the personal property of an applicant who is eligible for help or prevent or mitigate damage to it if the authority has reason to believe that—

(a)there is danger of loss of, or damage to, the property by reason of the applicant’s inability to protect it or deal with it, and

(b)no other suitable arrangements have been or are being made.

(6)References in this section to personal property of the applicant include personal property of any person who might reasonably be expected to reside with the applicant.

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