Search Legislation

Housing and Regeneration Act 2008

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Housing and Regeneration Act 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Housing and Regeneration Act 2008

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Prospective

Housing (Scotland) Act 1987 (c. 26)E+W

9The Housing (Scotland) Act 1987 is amended as follows.E+W

10(1)Section 20 (persons having priority on housing list and allocation of housing) is amended as follows.E+W

(2)In subsection (1)(b) at the beginning insert “ subject to subsection (1A), ”.

(3)After subsection (1) insert—

(1A)Homeless persons and persons threatened with homelessness (within the meaning of Part 2) are to be disregarded for the purposes of subsection (1) if they would not be such persons without the local authority having had regard to a restricted person (also within the meaning of Part 2).

(4)In subsection (2) for “such housing” substitute “ housing falling within subsection (1) ”.

11(1)Section 30 (notification of decision and reasons) is amended as follows.E+W

(2)After subsection (3) insert—

(3A)If they decide that he is homeless, threatened with homelessness or has a priority need but would not have done so without having had regard to a restricted person, they shall also notify him of—

(a)the fact that their decision was reached on that basis,

(b)the name of the restricted person,

(c)the reason why the person is a restricted person, and

(d)the effect of section 31(2G) or (as the case may be) 32(2A) and (2B).

(3)After subsection (5) insert—

(6)In this Part “a restricted person” means a person—

(a)who is not eligible for assistance under this Part,

(b)who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and

(c)either—

(i)who does not have leave to enter or remain in the United Kingdom, or

(ii)whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.

12(1)Section 31 (duties to persons found to be homeless) is amended as follows.E+W

(2)After subsection (2) insert—

(2A)In a restricted case the local authority shall cease to be subject to the duty under subsection (2) if the applicant, having been informed of the matters mentioned in subsection (2B)—

(a)accepts a private accommodation offer, or

(b)refuses such an offer.

(2B)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 decisions mentioned in section 35A(2)(e).

(2C)In this section “a restricted case” means a case falling within subsection (2) where the local authority would not be satisfied as mentioned in subsections (1) and (2) without having had regard to a restricted person.

(2D)For the purposes of this Part an offer is a private accommodation offer if—

(a)it is an offer of a short assured tenancy made by a 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 local authority, in pursuance of arrangements made by them with the landlord with a view to bringing their duty under subsection (2) to an end, and

(c)the tenancy being offered is for a period of at least 12 months.

(2E)The local authority shall not approve a private accommodation offer unless they are satisfied that it is reasonable for the applicant to accept the offer.

(2F)For the purposes of subsection (2E) an applicant may reasonably be expected to accept an offer even though he is under contractual or other obligations in respect of his existing accommodation, provided he is able to bring those obligations to an end before he is required to take up the offer.

(2G)In a restricted case the local authority shall, so far as reasonably practicable, bring their duty under subsection (2) to an end as mentioned in subsection (2A).

(2H)Subsections (2A) to (2G) are without prejudice to any other way in which the local authority can cease to be subject to the duty under subsection (2).

(3)In subsection (3)—

(a)for “In any other case, they” substitute “ In a case not falling within subsection (2), the local authority ”, and

(b)in paragraph (a) for “his”, in the first place where it appears, substitute “ the applicant's ”.

13(1)Section 32 (duties to persons found to be threatened with homelessness) is amended as follows.E+W

(2)After subsection (2) insert—

(2A)Subsection (2B) applies in a restricted threatened homelessness case where, in pursuance of the duty under subsection (2), the local authority secure that accommodation other than that occupied by the applicant when he made his application is available for occupation by him.

(2B)The provisions of section 31(2A) to (2H) (circumstances in which duty in restricted case ceases) apply, with any necessary modifications, in relation to the duty under subsection (2) as they apply in relation to the duty under section 31(2) in a restricted case (within the meaning of that section).

(3)In subsection (3) for “In any other case they shall furnish him” substitute “ In a case not falling within subsection (2) the local authority shall furnish the applicant ”.

(4)After subsection (5) insert—

(5A)In this section “a restricted threatened homelessness case” means a case falling within subsection (2) where the local authority would not be satisfied as mentioned in subsections (1) and (2) without having had regard to a restricted person.

14(1)Section 34 (duties to persons whose applications are referred) is amended as follows.E+W

(2)For subsection (2) substitute—

(2)If it is determined that the conditions for referral—

(a)are satisfied, the notified authority are subject to the duty under section 31(2);

(b)are not satisfied, the notifying authority are subject to that duty.

(3)In subsection (3) for paragraph (a) (but not the “and” after it) substitute—

(a)whether they or the notified authority are subject to the duty under section 31(2),.

(4)Omit subsection (6).

15In section 35A(2) (right to request review of decision) after paragraph (d) insert—E+W

(e)in a case where a private accommodation offer is made to the applicant, any decision—

(i)that the accommodation offered is not accommodation falling within section 32(5)(a) to (c), or

(ii)that the authority have discharged their duty to the applicant under section 32(8).

16In section 43 (minor definitions) at the appropriate places insert—E+W

(a)“ “private accommodation offer” has the meaning assigned to it by section 31(2D);”,

(b)“ “restricted person” has the meaning assigned to it by section 30(6);”, and

(c)“ “short assured tenancy” has the same meaning as in Part 2 of the Housing (Scotland) Act 1988;”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources