SCHEDULES

SCHEDULE 15Ineligible persons from abroad: statutory disregards

Part 1England and Wales

Housing Act 1996 (c. 52)

I15

1

Section 193 (duty to persons with priority need who are not homeless intentionally) is amended as follows.

2

In subsection (3A) after “this section” insert “ in a case which is not a restricted case ”.

3

After subsection (3A) insert—

3B

In this section “a restricted case” means a case where the local housing authority would not be satisfied as mentioned in subsection (1) without having had regard to a restricted person.

4

After subsection (7A) insert—

7AA

In a restricted case the authority shall also cease to be subject to the duty under this section if the applicant, having been informed of the matters mentioned in subsection (7AB)—

a

accepts a private accommodation offer, or

b

refuses such an offer.

7AB

The matters are—

a

the possible consequence of refusal of the offer, and

b

that the applicant has the right to request a review of the suitability of the accommodation.

7AC

For the purposes of this section an offer is a private accommodation offer if—

a

it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,

b

it is made, with the approval of the authority, in pursuance of arrangements made by the authority with the landlord with a view to bringing the authority's duty under this section to an end, and

c

the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least 12 months.

7AD

In a restricted case the authority shall, so far as reasonably practicable, bring their duty under this section to an end as mentioned in subsection (7AA).

5

In subsections (7B) and (7C) at the beginning insert “ In a case which is not a restricted case, ”.

6

In subsection (7F) after paragraph (a) (but before the “or” following it) insert—

ab

approve a private accommodation offer;