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Make
provision about homelessness. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Prevention
of homelessness |
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(1) |
Where a person occupies
a dwelling house as their only or principal home and |
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that dwelling is subject
to mortgage or landlord and tenant possession |
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proceedings, the court may
suspend any order granted in such proceedings to |
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provide time for that person
to secure reasonable alternative accommodation. |
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(2) |
An application may be made
by a person under subsection (1) at any time |
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before lawful ejection from
the dwelling house takes place. |
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(3) |
On an application under
subsection (1) the court may suspend the enforcement |
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10 |
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(c) |
subject to such conditions, |
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(4) |
The court may make an order
under this section where it considers it |
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reasonable in all the circumstances
to do so; and the court, in considering |
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whether to make such an order
and what its terms should be, is to have regard |
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(a) |
the ability of the applicant
and any other person residing at the |
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dwelling house to secure reasonable
alternative accommodation, and |
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(b) |
the need to prevent the applicant
and any other person residing at the |
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dwelling house from sleeping
rough or from having to reside in |
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housing conditions which are
not reasonably fit for human habitation. |
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(5) |
In this Act, “mortgage
possession proceedings” and “landlord and tenant |
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possession proceedings”
means litigation commenced in a United Kingdom |
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court to recover possession
of property occupied as a sole or main residence. |
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2 |
Variation
of interest rates |
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(1) |
Where a person is subject
to mortgage possession proceedings the court may |
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vary the parties' contractual
rate of interest where it is reasonable to do so in |
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order to prevent homelessness. |
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(2) |
The court shall not vary
the rate of interest under subsection (1) to a level below |
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that applied by the Department
for Work and Pensions for claimants eligible |
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for help with housing costs. |
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3 |
Waiver
of fees and charges |
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(1) |
Where a person is subject
to mortgage possession proceedings the court may |
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waive any administration
or other such charge levied under the mortgage |
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where the court considers
it reasonable to do so in order to prevent |
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(2) |
Where a person is subject
to mortgage possession proceedings, the court may |
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waive any legal expenses
due from that person in the mortgage possession |
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proceedings, including expenses
payable in terms of an indemnity clause in the |
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mortgage, where the court
considers it reasonable to do so in order to prevent |
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4 |
Prevention
of mortgage repossession |
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(1) |
In Schedule 2 (housing costs)
of the Jobseeker’s Allowance Regulations 1996 |
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(S.I. 1996/207), after paragraph
7 there is inserted— |
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“Prevention
of mortgage repossession |
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7A.—(1)
Where the claimant is subject to mortgage possession proceedings,
he |
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may request the payment of
existing or new housing costs from the date of |
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entitlement to income support
notwithstanding paragraphs 6 and 7 of this |
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(2) The
Secretary of State may grant such payment under sub-paragraph
(1) where he |
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considers
it reasonable to do so in order to prevent homelessness. |
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(3) “Mortgage possession
proceedings” means litigation commenced in a |
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United Kingdom court to recover
possession of the claimant's heritable |
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property due to default or
mortgage arrears.”. |
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(2) |
In Schedule 3 (amounts in
respect of housing costs) of the Income Support |
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(General) Regulations 1987
(S.I. 1987/1967), after paragraph 8 there is |
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“Prevention
of mortgage repossession |
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8A.—(1)
Where the claimant is subject to mortgage possession proceedings,
he |
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may request the payment of
existing or new housing costs from the date of |
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entitlement to income support
notwithstanding paragraphs 6 and 8 of this |
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(2) The
Secretary of State may grant such payment under sub-paragraph
(1) where he |
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considers
it reasonable to do so in order to prevent homelessness. |
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(3) “Mortgage possession
proceedings” means litigation commenced in a |
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United Kingdom court to recover
possession of the claimant's heritable |
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property due to default or
mortgage arrears.”. |
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