Local Authorities, Housing Law

Extract 1 : Introduction
Extract 2 : Amendments to the 1996 Act

Local authorities have long been afforded general discretion relating to the "management, regulation and control of their houses"1. In the case of Shelley v LCC,2 Lord Porter confirms their discretion and states that they may "pick and choose tenants at their will".

Despite this general discretion, statutory duties have been placed upon authorities, so as to provide some preference of allocation to housing, to persons with particular problems.3 Part VI of the Housing Act 1996 sets out a virtual code relating to the allocation of housing accommodation. It relates the process by which applicants apply and are considered for allocation of social housing.

The Homelessness Act 2002 introduced a significant revision to Part VI of the Housing Act, seeking to effectively improve the system by which applications are considered and housing is allocated.

The amendments to Part VI of the 1996 Homeless Act were made with the following policy objectives in mind:

  • To make it easier for housing authorities to introduce allocation schemes that offer new applicants and existing tenants a more active role in choosing their accommodation.
  • To ensure the widest possible access to social housing for applicants, by taking away the power given to authorities to implement blanket exclusions of certain categories of applicant. Instead, housing authorities are given the power to decide whether or not individual applicants are unsuitable to be tenants due to serious unacceptable behaviour.
    Authorities are also required to remove existing barriers relating to cross-boundary applications. They have to consider all applications and cannot exclude those who do not currently reside in their borough.
  • To think through the "reasonable preference" categories so that they are solely based on the applicant's housing need
  • To make sure that existing social tenants who seek a transfer of accommodation have their application for transfer considered on the same basis as new applicants
  • To make sure that any necessary assistance is provided free of charge to persons who are likely to have difficulties in applying for housing.
  1. Housing Act 1985, s.21 (1)[^ Return]
  2. [1949] AC 56 at 66, HC[^ Return]
  3. The Housing Act 1996, s.167 (2)[^ Return]

BIBLIOGRAPHY AND SOURCES:

1. A New Landlord and Tenant, Peter Sparks - Hart Publishing

2. A Practical Approach to Landlord & Tennant , Simon Garner and Alexandra Frith Third Edition, Oxford Press

3. Hill & Redman's Law of Landlord and Tennant, loose leaf, volume 3 Section D (Public Sector)

4. Revision of the Code of Guidance on the allocation of Accommodation, The Office of the Deputy Prime Minister, 11 November 2002 (www.odpm.gov.uk)

Extract 1 : Introduction
Extract 2 : Amendments to the 1996 Act

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