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;