Housing Act 1996
1996 Chapter 52 - continued

 
 
Right to request review of decision
Right to request review of decision.     202. - (1) An applicant has the right to request a review of-
 
 
    (a) any decision of a local housing authority as to his eligibility for assistance,
 
    (b) any decision of a local housing authority as to what duty (if any) is owed to him under sections 190 to 193 and 195 to 197 (duties to persons found to be homeless or threatened with homelessness),
 
    (c) any decision of a local housing authority to notify another authority under section 198(1) (referral of cases),
 
    (d) any decision under section 198(5) whether the conditions are met for the referral of his case,
 
    (e) any decision under section 200(3) or (4) (decision as to duty owed to applicant whose case is considered for referral or referred), or
 
    (f) any decision of a local housing authority as to the suitability of accommodation offered to him in discharge of their duty under any of the provisions mentioned in paragraph (b) or (e).
      (2) There is no right to request a review of the decision reached on an earlier review.
 
      (3) A request for review must be made before the end of the period of 21 days beginning with the day on which he is notified of the authority's decision or such longer period as the authority may in writing allow.
 
      (4) On a request being duly made to them, the authority or authorities concerned shall review their decision.
 
Procedure on a review.     203. - (1) The Secretary of State may make provision by regulations as to the procedure to be followed in connection with a review under section 202.
 
      Nothing in the following provisions affects the generality of this power.
 
      (2) Provision may be made by regulations-
 
 
    (a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and
 
    (b) as to the circumstances in which the applicant is entitled to an oral hearing, and whether and by whom he may be represented at such a hearing.
      (3) The authority, or as the case may be either of the authorities, concerned shall notify the applicant of the decision on the review.
 
      (4) If the decision is-
 
 
    (a) to confirm the original decision on any issue against the interests of the applicant, or
 
    (b) to confirm a previous decision-
 
      (i) to notify another authority under section 198 (referral of cases), or
 
      (ii) that the conditions are met for the referral of his case,
  they shall also notify him of the reasons for the decision.
      (5) In any case they shall inform the applicant of his right to appeal to a county court on a point of law, and of the period within which such an appeal must be made (see section 204).
 
      (6) Notice of the decision shall not be treated as given unless and until subsection (5), and where applicable subsection (4), is complied with.
 
      (7) Provision may be made by regulations as to the period within which the review must be carried out and notice given of the decision.
 
      (8) Notice required to be given to a person under this section shall be given in writing and, if not received by him, shall be treated as having been given if it is made available at the authority's office for a reasonable period for collection by him or on his behalf.
 
Right of appeal to county court on point of law.     204. - (1) If an applicant who has requested a review under section 202-
 
 
    (a) is dissatisfied with the decision on the review, or
 
    (b) is not notified of the decision on the review within the time prescribed under section 203,
  he may appeal to the county court on any point of law arising from the decision or, as the case may be, the original decision.
      (2) An appeal must be brought within 21 days of his being notified of the decision or, as the case may be, of the date on which he should have been notified of a decision on review.
 
      (3) On appeal the court may make such order confirming, quashing or varying the decision as it thinks fit.
 
      (4) Where the authority were under a duty under section 188, 190 or 200 to secure that accommodation is available for the applicant's occupation, they may continue to secure that accommodation is so available-
 
 
    (a) during the period for appealing under this section against the authority's decision, and
 
    (b) if an appeal is brought, until the appeal (and any further appeal) is finally determined.
 
Supplementary provisions
Discharge of functions: introductory.     205. - (1) The following sections have effect in relation to the discharge by a local housing authority of their functions under this Part to secure that accommodation is available for the occupation of a person-

    section 206 (general provisions),

    section 207 (provision of accommodation by authority),

    section 208 (out-of-area placements),

    section 209 (arrangements with private landlord).
     

      (2) In those sections those functions are referred to as the authority's "housing functions under this Part".
 
Discharge of functions by local housing authorities.     206. - (1) A local housing authority may discharge their housing functions under this Part only in the following ways-
 
 
    (a) by securing that suitable accommodation provided by them is available,
 
    (b) by securing that he obtains suitable accommodation from some other person, or
 
    (c) by giving him such advice and assistance as will secure that suitable accommodation is available from some other person.
      (2) A local housing authority may require a person in relation to whom they are discharging such functions-
 
 
    (a) to pay such reasonable charges as they may determine in respect of accommodation which they secure for his occupation (either by making it available themselves or otherwise), or
 
    (b) to pay such reasonable amount as they may determine in respect of sums payable by them for accommodation made available by another person.
Discharge of functions: provision of accommodation by the authority.     207. - (1) A local housing authority shall not under section 206(1)(a) discharge their housing functions under this Part by providing accommodation other than-
 
 
    (a) accommodation in a hostel within the meaning of section 622 of the Housing Act 1985, or
 
    (b) accommodation leased to the authority as mentioned in subsection (2) below,
  for more than two years (continuously or in aggregate) in any period of three years.
 
      This applies irrespective of the number of applications for accommodation or assistance in obtaining accommodation made by the person concerned.
      (2) The accommodation referred to in subsection (1)(b) is accommodation-
 
 
    (a) leased to the authority with vacant possession for use as temporary housing accommodation on terms which include provision for the lessor to obtain vacant possession from the authority on the expiry of a specified period or when required by the lessor,
 
    (b) the lessor of which is not an authority or body within section 80(1) of the Housing Act 1985 (the landlord condition for secure tenancies), and
 
    (c) in which the authority have no interest other than under the lease in question or as a mortgagee.
      (3) The authority shall not discharge such functions in relation to a person who-
 
 
    (a) normally resides with another person as a member of his family, or
 
    (b) might reasonably be expected to reside with another person,
  in such a way that subsection (1) would be contravened if the functions were discharged in relation to that other person.
      (4) The Secretary of State may, on the application of a local housing authority, by direction exclude or modify the operation of subsection (1) in relation to that authority if it appears to him that the authority will not otherwise be able reasonably to discharge their housing functions under this Part.
 
      (5) Any such direction shall have effect only-
 
 
    (a) with respect to applicants of a description specified in the direction, and
 
    (b) for a period specified in the direction, which shall not exceed one year,
  and may be expressed to have effect subject to any conditions specified in the direction.
      (6) Where the Secretary of State gives or has given a direction under subsection (4), he may give the authority such directions as he considers appropriate as to the discharge of their housing functions under this Part in cases affected by the direction having or ceasing to have effect.
 
Discharge of functions: out-of-area placements.     208. - (1) So far as reasonably practicable a local housing authority shall in discharging their housing functions under this Part secure that accommodation is available for the occupation of the applicant in their district.
 
      (2) If they secure that accommodation is available for the occupation of the applicant outside their district, they shall give notice to the local housing authority in whose district the accommodation is situated.
 
      (3) The notice shall state-
 
 
    (a) the name of the applicant,
 
    (b) the number and description of other persons who normally reside with him as a member of his family or might reasonably be expected to reside with him,
 
    (c) the address of the accommodation,
 
    (d) the date on which the accommodation was made available to him, and
 
    (e) which function under this Part the authority was discharging in securing that the accommodation is available for his occupation.
      (4) The notice must be in writing, and must be given before the end of the period of 14 days beginning with the day on which the accommodation was made available to the applicant.
 
Discharge of functions: arrangements with private landlord.     209. - (1) This section applies where in pursuance of any of their housing functions under this Part a local housing authority make arrangements with a private landlord to provide accommodation.
 
      For this purpose a "private landlord" means a landlord who is not within section 80(1) of the Housing Act 1985 (the landlord condition for secure tenancies).
 
      (2) If the housing function arises under section 188, 190, 200, or 204(4) (interim duties), a tenancy granted in pursuance of the arrangements to a person specified by the authority cannot be an assured tenancy before the end of the period of twelve months beginning with-
 
 
    (a) the date on which the applicant was notified of the authority's decision under section 184(3) or 198(5), or
 
    (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,
  unless, before or during that period, the tenant is notified by the landlord (or, in the cases 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.
 
      A registered social landlord cannot serve such a notice making such a tenancy an assured tenancy other than an assured shorthold tenancy.
      (3) Where in any other case a tenancy is granted in pursuance of the arrangements by a registered social landlord to a person specified by the authority-
 
 
    (a) the tenancy cannot be an assured tenancy unless it is an assured shorthold tenancy, and
 
    (b) the landlord cannot convert the tenancy to an assured tenancy unless the accommodation is allocated to the tenant under Part VI.
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Prepared 22 December 1996