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SCHEDULE 2
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MINOR AND CONSEQUENTIAL AMENDMENTS |
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Housing Act 1985 (c. 68) |
| | 1. In section 106(6) of the Housing Act 1985 (information about housing allocation not required in cases provided for by Part VI of the 1996 Act), for "sections 166 and" there is substituted "section".
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Housing Act 1996 (c. 52) |
| | 2. The Housing Act 1996 is amended as follows.
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| | 3. In section 168(3) of the 1996 Act (information about allocation schemes), for the words from "notify" to the end there is substituted "take such steps as they consider reasonable to bring the effect of the alteration to the attention of those likely to be affected by it".
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| | 4. In section 170 of the 1996 Act (co-operation between registered social landlords and local housing authorities) for "people with priority on the authority's housing register" there is substituted "people with priority under the authority's allocation scheme".
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| | 5. In section 174 (index of defined expressions) after the entry for "assured tenancy" there is inserted-
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"district (of a local housing authority) |
section 166(5)" |
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| | 6. In section 200 (cases considered for referral to another local housing authority), for subsections (3) and (4) there is substituted-
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"(3) If it is decided that the conditions for referral are not met, the notifying authority are subject to the duty under section 193 (the main housing duty).
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(4) If it is decided that those conditions are met, the notified authority are subject to the duty under section 193 (the main housing duty)."
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| | 7. In section 202(1)(b) (right to request review of decision), for "to 197" there is substituted "and 196".
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| | 8. In section 205(2) (meaning of "the housing functions under this Part" in sections 206 to 209), for "those sections" there is substituted "sections 206 and 208".
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| | 9. For section 209 (discharge of duties through arrangements with private landlords) there is substituted-
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| "Discharge of interim duties: arrangements with private landlord. |
209. - (1) This section applies where in pursuance of any of their housing functions under section 188, 190, 200 or 204(4) (interim duties) a local housing authority make arrangements with a private landlord to provide accommodation.
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(2) A tenancy granted to the applicant in pursuance of the arrangements cannot be an assured tenancy before the end of the period of twelve months beginning with-
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(a) the date on which the applicant was notified of the authority's decision under section 184(3) or 198(5), or |
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(b) if there is a review of that decision under section 202 or an appeal to the court under section 204, the date on which he is notified of the decision on review or the appeal is finally determined, |
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unless, before or during that period, the tenant is notified by the landlord (or in the case of joint landlords, at least one of them) that the tenancy is to be regarded as an assured shorthold tenancy or an assured tenancy other than an assured shorthold tenancy."
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| | 10. In section 217(1) (minor definitions) before the definition of "relevant authority" there is inserted-
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""private landlord" means a landlord who is not within section 80(1) of the Housing Act 1985 (the landlord condition for secure tenancies);". |
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| | 11. In section 218 (index of defined expressions)-
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(a) in the entry for "homelessness functions under this Part", for "206 to 209" there is substituted "206 and 208"; and |
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(b) after the entry for "priority need" there is inserted- |
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"private landlord |
section 217(1)" |
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