Legalize / United Kingdom / Wales / Act of Senedd Cymru

Housing (Wales) Act 2014

Type Act of Senedd Cymru

Publication 2014-09-17

Last updated 2022-12-01

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(4) A person who intentionally alters, suppresses or destroys any document which the person has been required to produce by a notice under section 37 commits an offence.

(5) A person who commits an offence under subsection (4) is liable on summary conviction to a fine.

(6) In this section “document” includes information recorded otherwise than in legible form, and in relation to information so recorded—

(a) the reference to the production of a document is a reference to the production of a copy of the information in legible form, and

(b) the reference to suppressing a document includes a reference to destroying the means of reproducing the information.

False or misleading information

39

(1) A person who—

(a) supplies any information to a licensing authority in connection with any of its functions under this Part which is false or misleading, and

(b) knows that it is false or misleading or is reckless as to whether it is false or misleading,

commits an offence.

(2) A person who—

(a) supplies any information to another person which is false or misleading,

(b) knows that it is false or misleading or is reckless as to whether it is false or misleading, and

(c) knows that the information is to be used for the purpose of supplying information to a licensing authority in connection with any of its functions under this Part,

commits an offence.

(3) A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine.

(4) In this section “false or misleading” means false or misleading in any material respect.

Powers of the Welsh Ministers

Code of practice

40

(1) The Welsh Ministers must issue a code of practice setting standards relating to letting and managing rental properties.

(2) Standards under subsection (1) may (among other things) be set in relation to training.

(3) The Welsh Ministers may—

(a) issue a code of practice which, in part or in whole, applies only to specified persons or cases, or applies differently to different persons or cases;

(b) amend or withdraw a code issued.

(4) Before issuing or amending a code of practice the Welsh Ministers must take reasonable steps to consult—

(a) persons involved in letting and managing rental properties and persons occupying rental properties under a tenancy, or

(b) persons whom the Welsh Ministers consider to represent the interests of the persons mentioned in paragraph (a),

on a draft of the code or a draft of an amended code (“the proposed code”).

(5) If the Welsh Ministers wish to proceed with the proposed code (with or without modifications) they must lay a copy before the National Assembly for Wales.

(6) The Welsh Ministers must not issue the proposed code in the form of that draft unless it is approved by resolution of the National Assembly for Wales.

(7) Once approved the code or amended code comes into force on the date appointed by order of the Welsh Ministers.

(8) The Welsh Ministers may withdraw a code made under this section in an amended code or by direction.

(9) A code approved by the National Assembly for Wales may not be withdrawn unless a proposal to that effect is approved by resolution of the National Assembly.

(10) The Welsh Ministers must publish each code or amended code issued under this section.

Guidance

41

(1) In exercising its functions under this Part, a licensing authority must have regard to any guidance given by the Welsh Ministers.

(2) In exercising functions under this Part other than as a licensing authority, a local housing authority must have regard to any guidance given by the Welsh Ministers.

(2A) Guidance given to a licensing authority may (among other things) include provision about matters to be taken into account by a licensing authority in deciding whether a failure to repay the amount of any prohibited payment or holding deposit (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) affects a person's fitness to be licensed under this Part.

(3) The Welsh Ministers may—

(a) give guidance under this Part generally or to authorities of a specified description;

(b) revise guidance given under this Part by giving further guidance;

(4) The Welsh Ministers must publish any guidance under this Part or notice under this section.

(5) Before giving, revising or revoking guidance under this Part, the Welsh Ministers must consult such persons as the Welsh Ministers consider appropriate.

(6) Consultation undertaken before the coming into force this section may satisfy the requirement in subsection (5).

Directions

42

(1) In exercising its functions under this Part, a licensing authority must comply with any directions given by the Welsh Ministers.

(2) In exercising functions under this Part other than as a licensing authority, a local housing authority must comply with any directions given by the Welsh Ministers.

(3) A direction under subsection (2) may be given generally or to authorities of a specified description.

(4) A direction given under this section—

(a) may be varied or revoked by a subsequent direction;

(b) must be published.

Supplementary

Activity in contravention of this Part: effect on tenancy agreements

43

(1) No rule of law relating to the validity or enforceability of contracts in circumstances involving illegality is to affect the validity or enforceability of any provision of a domestic tenancy of a dwelling in respect of which a contravention of this Part has occurred.

(2) But periodical payments—

(a) payable in connection with such a tenancy may be stopped in accordance with section 30 (rent stopping orders), and

(b) paid in connection with such a tenancy may be recovered in accordance with sections 32 and 33 (rent repayment orders).

Restriction on terminating tenancies

44

(1) A notice within subsection (1A) may not be given in relation to a dwelling subject to a domestic tenancy which is a standard occupation contract if—

(a) the landlord is not registered in respect of the dwelling, or

(b) the landlord is not licensed under this Part for the area in which the dwelling is located and the landlord has not appointed a person who is licensed under this Part to carry out all property management work in respect of the dwelling on the landlord's behalf.

(1A) A notice is within this subsection, if it is a notice—

(a) given under section 173(1) of the Renting Homes (Wales) Act 2016 (anaw 1) (landlord’s notice);

(b) given under section 186(1) of that Act (landlord’s notice in connection with end of term);

(d) given under paragraph 25B of Schedule 12 to that Act (landlord’s notice to terminate a converted fixed term standard contract).

(2) Subsection (1) does not apply for the period of 28 days beginning with the day on which the landlord's interest in the dwelling is assigned to the landlord.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Landlords who are trustees

45

If trustees constitute a landlord, the landlord may be registered or licensed for the purposes of this Part under a name which is a collective description of the trustees as the trustees of the trust in question.

Regulations about fees

46

(1) Regulations made under this Part which prescribe the amount of a fee payable by a person in connection with applications to be registered or licensed may provide that the fee is to be—

(a) an amount stated in the regulations;

(b) determined by a person or means specified in the regulations.

(2) Such regulations may prescribe a different fee for different persons.

Information about applications

47

A licensing authority must publish information about its requirements relating to—

(a) the form and content of applications to be registered and licensed;

(b) information to be provided when making applications.

Giving notification etc. under this Part

48

(1) This section applies where a provision of this Part requires or authorises (in whatever terms) a relevant person to—

(a) notify a person of something, or

(b) give a document to a person (including a notice or a copy of a document).

(2) The notification or document may be given to the person in question—

(a) by delivering it to the person,

(b) by sending it by post to the person's proper address,

(d) if the conditions in subsection (4) are met, by sending it electronically.

(3) The notification or document may be given to a body corporate by being given to the secretary or clerk of that body.

(4) A relevant person may send a notification or document to a person electronically only if the following requirements are met—

(a) the person to whom the notification or document is to be given must have—

(i) indicated to the relevant person a willingness to receive the notification or document electronically, and

(ii) provided the relevant person with an address suitable for that purpose, and

(b) the relevant person must send the notification or document to that address.

(5) For the purposes of this section and section 7 of the Interpretation Act 1978 (references to service by post) in its application to this section, the proper address of a person is—

(a) in the case of a body corporate, the address of the registered or principal office of the body;

(b) in any other case, the last known address of the person.

(6) A notification or document given to a person by leaving it at the person's proper address is to be treated for the purposes of this Part as having been given at the time at which it was left at that address.

(7) Each of the following is a “relevant person” for the purposes of this section—

(a) a licensing authority;

(b) a local housing authority exercising functions under this Part other than as a licensing authority;

(c) a person who, by virtue of a written authorisation, exercises functions under this Part on behalf of a licensing authority or a local housing authority of the kind mentioned in paragraph (b).

General

Interpretation of this Part and index of defined terms

49

(1) In this Part—

“community landlord” (“landlord cymunedol”) has the meaning given by section 9 of the Renting Homes (Wales) Act 2016 (anaw 1);

“domestic tenancy” (“tenantiaeth ddomestig”) has the meaning given by section 2;

“dwelling” (“annedd”) has the meaning given by section 2;

“fully mutual housing association” (“cymdeithas dai cwbl gydfuddiannol”) has the meaning given by section 1(2) of the Housing Association Act 1985;

“landlord” (“landlord”) has the meaning given by section 2;

“lettings work” (“gwaith gosod”) has the meaning given by section 10;

“licensing authority” (“awdurdod trwyddedu”) means a person designated by order under section 3;

“occupation contract” (“contract meddiannaeth”) has the meaning given by section 7 of the Renting Homes (Wales) Act 2016;

“periodical payments” (“taliadau cyfnodol”) means payments by way of rent or service charge;

“prescribed” (“rhagnodedig”) means prescribed in regulations made by the Welsh Ministers;

“property management work” (“gwaith rheoli eiddo”) has the meaning given by section 12;

“registered social landlord” (“landlord cymdeithasol cofrestredig”) means a social landlord registered under Part 1 of the Housing Act 1996;

“rental property” (“eiddo ar rent”) has the meaning given by section 2.

“standard occupation contract” (“contract meddiannaeth safonol”) has the meaning given by section 8 of the Renting Homes (Wales) Act 2016;

(2) In this Part, a reference to assignment of an interest to a landlord—

(a) includes any conveyance other than a mortgage or charge, and

(b) if trustees constitute the landlord, does not include a change in the persons who are for the time being the trustees of the trust.

(3) In this Part—

(a) any reference to an application for a licence includes a reference to an application for renewal of a licence, and

(b) any reference to the grant of a licence by a licensing authority includes a reference to renewal of a licence;

and related expressions are to be construed accordingly.

PART 2 — HOMELESSNESS

CHAPTER 1 — HOMELESSNESS REVIEWS AND STRATEGIES

Duty to carry out a homelessness review and formulate a homelessness strategy

50

(1) A local housing authority must (periodically, as required by this section)—

(a) carry out a homelessness review for its area, and

(b) formulate and adopt a homelessness strategy based on the results of that review.

(2) The authority must adopt a homelessness strategy in 2018 and a new homelessness strategy in every fourth year after 2018.

(3) The Welsh Ministers may amend subsection (2) by order.

(4) A council of a county or county borough in Wales must take its homelessness strategy into account in the exercise of its functions (including functions other than its functions as local housing authority).

(5) Nothing in subsection (4) affects any duty or requirement arising apart from this section.

(6) In this Chapter “homeless” has the meaning given by section 55 and “homelessness” is to be interpreted accordingly.

Homelessness reviews

51

(1) A homelessness review under section 50 must include a review of—

(a) the levels, and likely future levels, of homelessness in the local housing authority's area;

(b) the activities which are carried out in the local housing authority's area for the achievement of the following objectives (or which contribute to their achievement)—

(i) the prevention of homelessness;

(ii) that suitable accommodation is or will be available for people who are or may become homeless;

(iii) that satisfactory support is available for people who are or may become homeless;

(c) the resources available to the authority (including the resources available in exercise of functions other than its functions as local housing authority), other public authorities, voluntary organisations and other persons for such activities.

(2) After completing a homelessness review, a local housing authority must publish the results of the review by—

(a) making the results of the review available on its website (if it has one);

(b) making a copy of the results of the review available at its principal office for inspection at all reasonable hours, without charge, by members of the public;

(c) providing (on payment if required by the authority of a reasonable charge) a copy of those results to any member of the public who asks for one.

Homelessness strategies

52

(1) A homelessness strategy under section 50 is a strategy for achieving the following objectives in the local housing authority's area—

(a) the prevention of homelessness;

(b) that suitable accommodation is and will be available for people who are or may become homeless;

(2) A homelessness strategy may specify more detailed objectives to be pursued, and action planned to be taken, in the exercise of any functions of the authority (including functions other than its functions as local housing authority).

(3) A homelessness strategy may also include provision relating to specific action which the authority expects to be taken—

(a) by any public authority with functions which are capable of contributing to the achievement of any of the objectives mentioned in subsection (1), or

(b) by any voluntary organisation or other person whose activities are capable of contributing to the achievement of any of those objectives.

(4) The inclusion in a homelessness strategy of any provision relating to action mentioned in subsection (3) requires the approval of the body or person concerned.

(5) In formulating a homelessness strategy the authority must consider (among other things) the extent to which any of the objectives mentioned in subsection (1) can be achieved through action involving two or more of the bodies or other persons mentioned in subsections (2) and (3).

(6) A homelessness strategy must include provision relating to action planned by the authority to be taken in the exercise of its functions, and specific action expected by the authority to be taken by public authorities, voluntary organisations and other persons within subsection (3), in relation to those who may be in particular need of support if they are or may become homeless, including in particular—

(a) people leaving prison or youth detention accommodation,

(b) young people leaving care,

(d) people leaving hospital after medical treatment for mental disorder as an inpatient, and

(e) people receiving mental health services in the community.

(7) A local housing authority must keep its homelessness strategy under review and may modify it.

(8) Before adopting or modifying a homelessness strategy a local housing authority must consult such public or local authorities, voluntary organisations or other persons as it considers appropriate.

(9) After adopting or modifying a homelessness strategy, a local housing authority must publish the strategy by—

(a) making a copy of the strategy available on its website (if it has one);

(b) making a copy of the strategy available at its principal office for inspection at all reasonable hours, without charge, by members of the public;

(c) providing (on payment if required by the authority of a reasonable charge) a copy of the strategy to any member of the public who asks for one.

(10) If the authority modifies its homelessness strategy, it may publish the modifications or the strategy as modified (as it considers most appropriate).

(11) Where the authority decides to publish only the modifications, the references to the homelessness strategy in paragraphs (a) to (c) of subsection (9) are to be interpreted as references to the modifications.

CHAPTER 2 — HELP FOR PEOPLE WHO ARE HOMELESS OR THREATENED WITH HOMELESSNESS

Introduction

Overview of this Chapter

53

(1) This Chapter confers duties on local housing authorities to help people who are homeless or threatened with homelessness and makes connected provision.

(2) Sections 55 to 59 define and otherwise explain the meaning of some key terms (further provision about interpretation and an index of terms defined in this Chapter is at section 99).

(3) Section 60 requires local housing authorities to secure the provision of a service providing people with information and advice connected with homelessness and assistance in accessing help under this Chapter.

(4) Section 61 introduces Schedule 2 which makes provision about eligibility for help under this Chapter.

(5) Section 62 places a duty on a local housing authority to assess the cases of people (“applicants”) who apply to the authority for accommodation, or help in retaining or obtaining accommodation, where they appear to the authority to be homeless or threatened with homelessness.

(6) Section 63 provides for notice to be given to applicants about the outcome of the assessment.

(7) Section 64 gives examples of the kinds of ways in which the subsequent duties to secure or help to secure the availability of accommodation may be discharged and what may be done to discharge them; and section 65 explains what “help to secure” means.

(8) Sections 66 to 79 set out the main duties on local housing authorities to help applicants, the circumstances in which those duties come to an end and connected provision; the main duties are—

(a) a duty to help to prevent applicants who are threatened with homelessness from becoming homeless (section 66);

(b) a duty to secure interim accommodation for applicants in priority need (section 68) (section 70 provides for who is to have priority need for accommodation for the purposes of the Chapter);

(c) a duty to help to secure that suitable accommodation is available for occupation by homeless applicants (section 73);

(d) a duty to secure accommodation for applicants in priority need when the duty in section 73 comes to an end (section 75).

(9) Section 78 provides for the circumstances in which local housing authorities may have regard to whether an applicant became homeless intentionally when it is considering whether a duty to secure accommodation for applicants in priority need applies; section 77 provides for the meaning of intentionally homeless.

(10) Sections 80 to 82 provide for local housing authorities to end their duties to applicants by referring their cases to other authorities in Wales or England, where the applicants have a local connection with the areas of those other authorities; section 81 defines the meaning of “local connection” for the purposes of this Chapter.

(11) Sections 85 to 89 provide for reviews and appeals.

(12) Sections 90 to 99 make supplementary and general provision.

Key terms

Application of key terms

54

Sections 55 to 59 apply for the purposes of this Part.

Meaning of homeless and threatened homelessness

55

(1) A person is homeless if there is no accommodation available for the person's occupation, in the United Kingdom or elsewhere, which the person—

(a) is entitled to occupy by virtue of an interest in it or by virtue of an order of a court,

(b) has an express or implied licence to occupy, or

(c) occupies as a residence by virtue of any enactment or rule of law giving the person the right to remain in occupation or restricting the right of another person to recover possession.

(2) A person is also homeless if the person has accommodation but—

(a) cannot secure entry to it, or

(b) it consists of a moveable structure, vehicle or vessel designed or adapted for human habitation and there is no place where the person is entitled or permitted both to place it and to reside in it.

(3) A person is not to be treated as having accommodation unless it is accommodation which it would be reasonable for the person to continue to occupy.

(4) A person is threatened with homelessness if it is likely that the person will become homeless within 56 days.

Meaning of accommodation available for occupation

56

(1) Accommodation may only be regarded as available for a person's occupation if it is available for occupation by that person together with—

(a) any other person who normally resides with that person as a member of his or her family, or

(b) any other person who might reasonably be expected to reside with that person.

(2) A reference in this Chapter to securing that accommodation is available for a person's occupation is to be interpreted accordingly.

Whether it is reasonable to continue to occupy accommodation

57

(1) It is not reasonable for a person to continue to occupy accommodation if it is probable that it will lead to the person, or a member of the person's household, being subjected to abuse.

(2) In this section “member of a person's household” means—

(a) a person who normally resides with him or her as member of his or her family, or

(b) any other person who might reasonably be expected to reside with that person.

(3) In determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation, a local housing authority—

(a) may have regard to the general circumstances prevailing in relation to housing in the area of the local housing authority to whom the person has applied for help in securing accommodation;

(b) must have regard to whether or not the accommodation is affordable for that person.

(4) The Welsh Ministers may by order specify—

(a) other circumstances in which it is to be regarded as reasonable or not reasonable for a person to continue to occupy accommodation, and

(b) other matters to be taken into account or disregarded in determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation.

Meaning of abuse and domestic abuse

58

(1) “Abuse” means physical violence, threatening or intimidating behaviour and any other form of abuse which, directly or indirectly, may give rise to the risk of harm; and abuse is “domestic abuse” where the victim is associated with the abuser.

(2) A person is associated with another person if—

(a) they are or have been married to each other;

(b) they are or have been civil partners of each other;

(c) they live or have lived together in an enduring family relationship (whether they are of different sexes or the same sex);

(d) they live or have lived in the same household;

(e) they are relatives;

(f) they have agreed to marry one another (whether or not that agreement has been terminated);

(g) they have entered into a civil partnership agreement between them (whether or not that agreement has been terminated);

(h) they have or have had an intimate personal relationship with each other which is or was of significant duration;

(i) in relation to a child, each of them is a parent of the child or has, or has had, parental responsibility for the child.

(3) If a child has been adopted or falls within subsection (4), two persons are also associated with each other for the purposes this Chapter if—

(a) one is a natural parent of the child or a parent of such a natural parent, and

(b) the other is—

(i) the child, or

(ii) a person who has become a parent of the child by virtue of an adoption order, who has applied for an adoption order or with whom the child has at any time been placed for adoption.

(4) A child falls within this section if—

(a) an adoption agency, within the meaning of section 2 of the Adoption and Children Act 2002, is authorised to place the child for adoption under section 19 of that Act (placing children with parental consent) or the child has become the subject of an order under section 21 of that Act (placement orders), or

(b) the child is freed for adoption by virtue of an order made—

(i) in England and Wales, under section 18 of the Adoption Act 1976,

(ii) in Northern Ireland, under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987, or

(5) In this section—

“adoption order” (“gorchymyn mabwysiadu”) means an adoption order within the meaning of section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002;

“civil partnership agreement” (“cytundeb partneriaeth sifil”) has the meaning given by section 73 of the Civil Partnership Act 2004;

“parental responsibility” (“cyfrifoldeb rhiant”) has the meaning given by section 3 of the Children Act 1989;

“relative” (“perthynas”), in relation to a person, means that person's parent, grandparent, child, grandchild, brother, half-brother, sister, half-sister, uncle, aunt, nephew, niece (including any person who is or has been in that relationship by virtue of a marriage or civil partnership or an enduring family relationship).

Suitability of accommodation

59

(1) In determining whether accommodation is suitable for a person, a local housing authority must have regard to the following enactments—

(a) Part 9 of the Housing Act 1985 (slum clearance);

(b) Part 10 of the Housing Act 1985 (overcrowding);

(d) Part 2 of the Housing Act 2004 (licensing of houses in multiple occupation);

(e) Part 3 of the Housing Act 2004 (selective licensing of other residential accommodation);

(f) Part 4 of the Housing Act 2004 (additional control provisions in relation to residential accommodation);

(g) Part 1 of this Act (regulation of private rented housing).

(2) In determining whether accommodation is suitable for a person, a local housing authority must have regard to whether or not the accommodation is affordable for that person.

(3) The Welsh Ministers may by order specify—

(a) circumstances in which accommodation is or is not to be regarded as suitable for a person, and

(b) matters to be taken into account or disregarded in determining whether accommodation is suitable for a person.

Information, advice and assistance in accessing help

Duty to provide information, advice and assistance in accessing help

60

(1) A local housing authority must secure the provision, without charge, of a service providing people in its area, or people who have a local connection with its area, with—

(a) information and advice relating to preventing homelessness, securing accommodation when homeless, accessing any other help available for people who are homeless or may become homeless, and

(b) assistance in accessing help under this Chapter or any other help for people who are homeless or may become homeless.

(2) In relation to subsection (1)(a), the service must include, in particular, the publication of information and advice on the following matters—

(a) the system provided for by this Chapter and how the system operates in the authority's area;

(b) whether any other help for people who are homeless or may become homeless (whether or not the person is threatened with homelessness within the meaning of this Chapter) is available in the authority's area;

(3) In relation to subsection (1)(b), the service must include, in particular, assistance in accessing help to prevent a person becoming homeless which is available whether or not the person is threatened with homelessness within the meaning of this Chapter.

(4) The local housing authority must, in particular by working with other public authorities, voluntary organisations and other persons, ensure that the service is designed to meet the needs of groups at particular risk of homelessness, including in particular—

(a) people leaving prison or youth detention accommodation,

(b) young people leaving care,

(d) people leaving hospital after medical treatment for mental disorder as an inpatient, and

(e) people receiving mental health services in the community.

(5) Two or more local housing authorities may jointly secure the provision of a service under this section for their areas; and where they do so—

(a) references in this section to a local housing authority are to be read as references to the authorities acting jointly, and

(b) references in this section to a local housing authority's area are to be read as references to the combined area.

(6) The service required by this section may be integrated with the service required by section 17 of the Social Services and Well-being (Wales) Act 2014.

Eligibility

Eligibility for help under this Chapter

61

Schedule 2 has effect for the purposes of determining whether an applicant is eligible for help under the following provisions of this Chapter.

Applications for help and assessment

Duty to assess

62

(1) A local housing authority must carry out an assessment of a person's case if—

(a) the person has applied to a local housing authority for accommodation or help in retaining or obtaining accommodation,

(b) it appears to the authority that the person may be homeless or threatened with homelessness, and

(2) This subsection applies if the person has been assessed by a local housing authority under this section on a previous occasion and the authority is satisfied that—

(a) the person's circumstances have not changed materially since that assessment was carried out, and

(b) there is no new information that materially affects that assessment.

(3) In this Chapter, “applicant” means a person to whom the duty in subsection (1) applies.

(4) The authority must assess whether or not the applicant is eligible for help under this Chapter.

(5) If the applicant is eligible for help under this Chapter, the assessment must include an assessment of—

(a) the circumstances that have caused the applicant to be homeless or threatened with homelessness;

(b) the housing needs of the applicant and any person with whom the applicant lives or might reasonably be expected to live;

(c) the support needed for the applicant and any person with whom the applicant lives or might reasonably be expected to live to retain accommodation which is or may become available;

(d) whether or not the authority has any duty to the applicant under the following provisions of this Chapter.

(6) In carrying out an assessment, the local housing authority must—

(a) seek to identify the outcome the applicant wishes to achieve from the authority's help, and

(b) assess whether the exercise of any function under this Chapter could contribute to the achievement of that outcome.

(7) A local housing authority may carry out its assessment of the matters mentioned in subsections (5) and (6) before it has concluded that the applicant is eligible for help under this Chapter.

(8) A local housing authority must keep its assessment under review during the period in which the authority considers that it owes a duty to the applicant under the following provisions of this Chapter or that it may do so.

(9) A local housing authority must review its assessment in the following two cases—

Case 1 - where an applicant has been notified under section 63 that a duty is owed to the applicant under section 66 (duty to help to prevent an applicant from becoming homeless) and subsequently it appears to the authority that the duty under section 66 has or is likely to come to an end because the applicant is homeless;

Case 2 - where an applicant has been notified under section 63 that a duty is owed to the applicant under section 73 (duty to help to secure accommodation for homeless applicants) and subsequently it appears to the authority that the duty in section 73 has or is likely to come to an end in circumstances where a duty may be owed to the applicant under section 75 (duty to secure accommodation for applicants in priority need when the duty in section 73 ends).

(10) The duty in subsection (5)(d) does not require a local housing authority to assess whether or not a duty would be owed to the applicant under section 75 unless and until it reviews its assessment in accordance with subsection (9) in the circumstances described in case 2 of that subsection; but it may do so before then.

(11) Subsections (9) and (10) do not affect the generality of subsection (8).

Notice of the outcome of assessment

63

(1) The local housing authority must notify the applicant of the outcome of its assessment (or any review of its assessment) and, in so far as any issue is decided against the applicant's interests, inform the applicant of the reasons for its decision.

(2) If the authority decides that a duty is owed to the applicant under section 75, but would not have done so without having had regard to a restricted person, the notice under subsection (1) must also—

(a) inform the applicant that its decision was reached on that basis,

(b) include the name of the restricted person,

(d) explain the effect of section 76(5).

(3) If the authority has notified or intends to notify another local housing authority under section 80 (referral of cases), it must at the same time notify the applicant of that decision and inform him or her of the reasons for it.

(4) A notice under subsection (1) or (3) must also—

(a) inform the applicant of his or her right to request a review of the decision and of the time within which such a request must be made (see section 85), and

(b) be given in writing and, if not received, is to be treated as having been given if it is made available at the authority's office for a reasonable period for collection by the applicant or on the applicant's behalf.

(5) In this Chapter, “a restricted person” means a person—

(a) who is not eligible for help under this Chapter,

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

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

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

Duties to help applicants

How to secure or help to secure the availability of accommodation

64

(1) The following are examples of the ways in which a local housing authority may secure or help to secure that suitable accommodation is available, or does not cease to be available, for occupation by an applicant—

(a) by arranging for a person other than the authority to provide something;

(b) by itself providing something;

(2) The following are examples of what may be provided or arranged to secure or help to secure that suitable accommodation is available, or does not cease to be available, for occupation by an applicant—

(a) mediation;

(b) payments by way of grant or loan;

(d) support in managing debt, mortgage arrears or rent arrears;

(e) security measures for applicants at risk of abuse;

(f) advocacy or other representation;

(g) accommodation;

(h) information and advice;

(i) other services, goods or facilities.

(3) The Welsh Ministers must give guidance to local housing authorities in relation to how they may secure or help to secure that suitable accommodation is available, or does not cease to be available, for occupation by an applicant.

Meaning of help to secure

65

Where a local housing authority is required by this Chapter to help to secure (rather than “to secure”) that suitable accommodation is available, or does not cease to be available, for occupation by an applicant, the authority—

(a) is required to take reasonable steps to help, having regard (among other things) to the need to make the best use of the authority's resources;

(b) is not required to secure an offer of accommodation under Part 6 of the Housing Act 1996 (allocation of housing);

Duty to help to prevent an applicant from becoming homeless

66

(1) A local housing authority must help to secure that suitable accommodation does not cease to be available for occupation by an applicant if the authority is satisfied that the applicant is—

(a) threatened with homelessness, and

(b) eligible for help.

(2) Subsection (1) does not affect any right of the authority, whether by virtue of a contract, enactment or rule of law, to secure vacant possession of any accommodation.

Circumstances in which the duty in section 66 ends

67

(1) The duty to an applicant under section 66 comes to an end in any of the circumstances described in subsection (2), (3) or (4), if the applicant has been notified in accordance with section 84.

(2) The circumstances are that the local authority is satisfied that the applicant has become homeless.

(3) The circumstances are that the local housing authority is satisfied (whether as a result of the steps it has taken or not) that—

(a) the applicant is no longer threatened with homelessness, and

(b) suitable accommodation is likely to be available for occupation by the applicant for a period of at least 6 months.

(4) The circumstances are that—

(a) the applicant, having been notified in writing of the possible consequences of refusal or acceptance of the offer, refuses an offer of accommodation from any person which the authority is satisfied is suitable for the applicant, and

(b) the authority is satisfied that the accommodation offered is likely to be available for occupation by the applicant for a period of at least 6 months.

(5) The period of 6 months mentioned in subsections (3)(b) and (4)(b) begins on the day the notice under section 84 is sent or first made available for collection.

(6) See section 79 for further circumstances in which the duty in section 66 comes to an end.

Interim duty to secure accommodation for homeless applicants in priority need

68

(1) The local housing authority must secure that suitable accommodation is available for the occupation of an applicant to whom subsection (2) or (3) applies until the duty comes to an end in accordance with section 69.

(2) This subsection applies to an applicant who the authority has reason to believe may—

(a) be homeless,

(b) be eligible for help, and

in circumstances where the authority is not yet satisfied that the applicant is homeless, eligible for help and in priority need for accommodation.

(3) This subsection applies to an applicant—

(a) who the authority has reason to believe or is satisfied has a priority need or whose case has been referred from a local housing authority in England under section 198(1) of the Housing Act 1996, and

(b) to whom the duty in section 73 (duty to help to end homelessness) applies.

(4) The duty under this section arises irrespective of any possibility of the referral of the applicant's case to another local housing authority (see sections 80 to 82).

Circumstances in which the duty in section 68 ends

69

(1) The duty to an applicant under section 68 comes to an end in any of the circumstances described in subsection (2), (3) (subject to subsection (4) and (5)), (7), (8) or (9) if the applicant has been notified in accordance with section 84.

(2) The circumstances are that the local housing authority has decided that no duty is owed to the applicant under section 73 and the applicant is notified of that decision.

(3) In the case of an applicant to whom section 68(3) applies, the circumstances are that the local housing authority has—

(a) decided that the duty owed to the applicant under section 73 has come to an end and that a duty is or is not owed to the applicant under section 75, and

(b) notified the applicant of that decision;

but this is subject to subsections (4) and (5).

(4) Subsection (5) applies where a local housing authority has decided that no duty is owed to the applicant under section 75 on the basis that the authority—

(a) is satisfied that the applicant became homeless intentionally in the circumstances which gave rise to the application, or

(b) has previously secured an offer of accommodation of the kind described in section 75(3)(f).

(5) The duty under section 68 does not come to an end in the circumstances described in subsection (3) until the authority is also satisfied that the accommodation it has secured under section 68 has been available to the applicant for a sufficient period, beginning on the day on which he or she is notified that section 75 does not apply, to allow the applicant a reasonable opportunity of securing accommodation for his or her occupation.

(6) The period mentioned in subsection (5) is not sufficient for the purposes of that subsection if it ends on a day during the period of 56 days beginning with the day on which the applicant was notified that the duty in section 73 applied.

(7) The circumstances are that the applicant, having been notified of the possible consequence of refusal, refuses an offer of accommodation secured under section 68 which the local housing authority is satisfied is suitable for the applicant.

(8) The circumstances are that the local housing authority is satisfied that the applicant has become homeless intentionally from suitable interim accommodation made available for the applicant's occupation under section 68.

(9) The circumstances are that the local housing authority is satisfied that the applicant voluntarily ceased to occupy as his or her only or principal home suitable interim accommodation made available for the applicant's occupation under section 68.

(10) The duty comes to an end in accordance with this section even if the applicant requests a review of any decision that has led to the duty coming to an end (see section 85).

(11) The authority may secure that suitable accommodation is available for the applicant's occupation pending a decision on a review.

(12) See section 79 for further circumstances in which the duty in section 68 comes to an end.

Priority need for accommodation

70

(1) The following persons have a priority need for accommodation for the purposes of this Chapter—

(a) a pregnant woman or a person with whom she resides or might reasonably be expected to reside;

(b) a person with whom a dependent child resides or might reasonably be expected to reside;

(i) who is vulnerable as a result of some special reason (for example: old age, physical or mental illness or physical or mental disability), or

(ii) with whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside;

(d) a person—

(i) who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster, or

(ii) with whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside;

(e) a person—

(i) who is homeless as a result of being subject to domestic abuse, or

(ii) with whom a person who falls within sub-paragraph (i) resides (other than the abuser) or might reasonably be expected to reside;

(f) a person—

(i) who is aged 16 or 17 when the person applies to a local housing authority for accommodation or help in obtaining or retaining accommodation, or

(ii) with whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside;

(g) a person—

(i) who has attained the age of 18, when the person applies to a local housing authority for accommodation or help in obtaining or retaining accommodation, but not the age of 21, who is at particular risk of sexual or financial exploitation, or

(ii) with whom a person who falls within sub-paragraph (i) resides (other than an exploiter or potential exploiter) or might reasonably be expected to reside;

(h) a person—

(i) who has attained the age of 18, when the person applies to a local housing authority for accommodation or help in obtaining or retaining accommodation, but not the age of 21, who was looked after, accommodated or fostered at any time while under the age of 18, or

(ii) with whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside;

(i) a person—

(i) who has served in the regular armed forces of the Crown who has been homeless since leaving those forces, or

(ii) with whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside;

(j) a person who has a local connection with the area of the local housing authority and who is vulnerable as a result of one of the following reasons—

(i) having served a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 222 of the Sentencing Code,

(ii) having been remanded in or committed to custody by an order of a court, or

(iii) having been remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,

(k) a person—

(i) who is street homeless (within the meaning of section 71(2)), or

(ii) with whom a person who falls within sub-paragraph (i) might reasonably be expected to reside.

or a person with whom such a person resides or might reasonably be expected to reside.

(2) In this Chapter—

(3) In subsection (2)—

“care home” (“cartref gofal”) has the same meaning as in the Care Standards Act 2000;

“education functions” (“swyddogaethau addysg”) has the meaning given by section 597(1) of the Education Act 1996;

“independent hospital” (“ysbyty annibynnol”)—in relation to Wales, has the meaning given by section 2 of the Care Standards Act 2000, andin relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

“integrated care board” (“bwrdd gofal integredig”) means a body established under section 14Z25 of the National Health Service Act 2006;

“local authority in England” (“awdurdod lleol yn Lloegr”) means—a county council in England,a district council for an area in England for which there is no county council,a London borough council, orthe Common Council of the City of London;

“Local Health Board” (“Bwrdd Iechyd Lleol”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

Meaning of vulnerable in section 70

71

(1) A person is vulnerable as a result of a reason mentioned in paragraph (c) or (j) of section 70(1) if, having regard to all the circumstances of the person's case—

(a) the person would be less able to fend for himself or herself (as a result of that reason) if the person were to become street homeless than would an ordinary homeless person who becomes street homeless, and

(b) this would lead to the person suffering more harm than would be suffered by the ordinary homeless person;

this subsection applies regardless of whether or not the person whose case is being considered is, or is likely to become, street homeless.

(2) In subsection (1), “street homeless” (“digartref ac ar y stryd”), in relation to a person, means that the person has no accommodation available for the person's occupation in the United Kingdom or elsewhere, which the person—

(a) is entitled to occupy by virtue of an interest in it or by virtue of an order of a court,

(b) has an express or implied licence to occupy, or

(c) occupies as a residence by virtue of any enactment or rule of law giving the person the right to remain in occupation or restricting the right of another person to recover possession;

and sections 55 and 56 do not apply to this definition.

Power to amend or repeal provisions about priority need for accommodation

72

(1) The Welsh Ministers may by order—

(a) make provision for and in connection with removing any condition that a local housing authority must have reason to believe or be satisfied that an applicant is in priority need for accommodation before any power or duty to secure accommodation under this Chapter applies;

(b) amend or omit the descriptions of persons as having a priority need for accommodation for the purposes of this Chapter;

(c) specify further descriptions of persons as having a priority need for accommodation for the purposes of this Chapter.

(2) An order under subsection (1) may amend or repeal any provision of this Part.

(3) Before making an order under this section the Welsh Ministers must consult such associations representing councils of counties and county boroughs in Wales, and such other persons, as they consider appropriate.

Duty to help to secure accommodation for homeless applicants

73

(1) A local housing authority must help to secure that suitable accommodation is available for occupation by an applicant, if the authority is satisfied that the applicant is—

(a) homeless, and

(b) eligible for help.

(2) But the duty in subsection (1) does not apply if the authority refers the application to another local housing authority (see section 80).

Circumstances in which the duty in section 73 ends

74

(1) The duty to an applicant under section 73 comes to an end in any of the circumstances described in subsections (2), (3), (4), or (5), if the applicant has been notified in accordance with section 84.

(2) The circumstances are the end of a period of 56 days.

(3) The circumstances are that before the end of a period of 56 days the local housing authority is satisfied that reasonable steps have been taken to help to secure that suitable accommodation is available for occupation by the applicant.

(4) The circumstances are that the local housing authority is satisfied (whether as a result of the steps it has taken or not) that—

(a) the applicant has suitable accommodation available for occupation, and

(b) the accommodation is likely to be available for occupation by the applicant for a period of at least 6 months.

(5) The circumstances are that—

(a) the applicant, having been notified of the possible consequence of refusal or acceptance of the offer, refuses an offer of accommodation from any person which the authority is satisfied is suitable for the applicant, and

(b) the authority is satisfied that the accommodation offered is likely to be available for occupation by the applicant for a period of at least 6 months.

(6) The period of 56 days mentioned in subsections (2) and (3) begins on the day the applicant is notified under section 63 and for this purpose the applicant is to be treated as notified on the day the notice is sent or first made available for collection.

(7) The period of 6 months mentioned in subsection (4)(b) and (5)(b) begins on the day the notice under section 84 is sent or first made available for collection.

(8) See section 79 for further circumstances in which the duty in section 73 comes to an end.

Duty to secure accommodation for applicants in priority need when the duty in section 73 ends

75

(1) When the duty in section 73 ( duty to help to secure accommodation for homeless applicants) comes to an end in respect of an applicant in the circumstances mentioned in subsection (2) o r (3) of section 74, the local housing authority must secure that suitable accommodation is available for occupation by the applicant if subsection (2) or (3) (of this section) applies.

(2) This subsection applies where the local housing authority—

(a) is satisfied that the applicant—

(i) does not have suitable accommodation available for occupation, or

(ii) has suitable accommodation, but it is not likely that the accommodation will be available for occupation by the applicant for a period of at least 6 months starting on the day the applicant is notified in accordance with section 84 that section 73 does not apply,

(b) is satisfied that the applicant is eligible for help,

(d) if the authority is having regard to whether or not the applicant is homeless intentionally (see section 77), is not satisfied that the applicant became homeless intentionally in the circumstances which gave rise to the application;

(3) This subsection applies where the local housing authority is having regard to whether or not the applicant is homeless intentionally and is satisfied that—

(a) the applicant became homeless intentionally in the circumstances which gave rise to the application,

(b) the applicant—

(i) does not have suitable accommodation available for occupation, or

(ii) has suitable accommodation, but it is not likely that the accommodation will be available for occupation by the applicant for a period of at least 6 months starting on the day on which the applicant is notified in accordance with section 84 that section 73 does not apply,

(d) the applicant has a priority need for accommodation,

(e) the applicant is—

(i) a pregnant woman or a person with whom she resides or might reasonably be expected to reside,

(ii) a person with whom a dependent child resides or might reasonably be expected to reside,

(iii) a person who had not attained the age of 21 when the application for help was made or a person with whom such a person resides or might reasonably be expected to reside, or

(iv) a person who had attained the age of 21, but not the age of 25, when the application for help was made and who was looked after, accommodated or fostered at any time while under the age of 18, or a person with whom such a person resides or might reasonably be expected to reside, and

(f) the authority has not previously secured an offer of accommodation to the applicant under this section following a previous application for help under this Chapter, where that offer was made—

(i) at any time within the period of 5 years before the day on which the applicant was notified under section 63 that a duty was owed to him or her under this section, and

(ii) on the basis that the applicant fell within this subsection.

(4) For the purpose of subsections (2)(a)(ii) and (3)(b)(ii), the applicant is to be treated as notified on the day the notice is sent or first made available for collection.

Circumstances in which the duty in section 75 ends

76

(1) The duty to an applicant under section 75(1) comes to an end in any of the circumstances described in subsections (2), (3), (6) or (7), if the applicant has been notified in accordance with section 84.

(2) The circumstances are that the applicant accepts—

(a) an offer of suitable accommodation under Part 6 of the Housing Act 1996 (allocation of housing), ...

(aa) an offer of suitable accommodation in Wales under a tenancy which is an occupation contract, or

(b) an offer of suitable accommodation (in England) under an assured tenancy (including an assured shorthold tenancy).

(3) The circumstances are that the applicant, having been given notice in writing of the possible consequence of refusal or acceptance of the offer, refuses—

(a) an offer of suitable interim accommodation under section 75,

(b) a private rented sector offer, or

which the authority is satisfied is suitable for the applicant.

(4) For the purposes of this section an offer is a private rented sector offer if—

(a) it is an offer of—

(i) a tenancy which is an occupation contract made by a private landlord to the applicant in relation to accommodation in Wales which is available for the applicant’s occupation, or

(ii) an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation in England which is available for the applicant’s occupation,

(b) it is made, with the approval of the authority, in pursuance of arrangements made by the authority with the landlord with a view to bringing the authority's duty under section 75 to an end, and

(c) in relation to accommodation in England, the tenancy being offered is a fixed term tenancy for a period of at least 6 months.

(5) In a restricted case, the local housing authority must, so far as reasonably practicable, bring its duty to an end by securing a private rented sector offer; for this purpose, a “restricted case” means a case where the local housing authority would not be satisfied as mentioned in section 75(1) without having regard to a restricted person (see section 63(5)).

(6) The circumstances are that the local housing authority is satisfied that the applicant has become homeless intentionally from suitable interim accommodation made available for the applicant's occupation—

(a) under section 68 and which continues to be made available under section 75, or

(b) under section 75.

(7) The circumstances are that the local housing authority is satisfied that the applicant has voluntarily ceased to occupy as his or her only or principal home, suitable interim accommodation made available for the applicant's occupation—

(a) under section 68 and which continues to be made available under section 75, or

(b) under section 75.

(8) See section 79 for further circumstances in which the duty in section 75(1) comes to an end.

(9) In this section—

“fixed term tenancy” (“tenantiaeth cyfnod penodedig”) in relation to accommodation in England has the meaning given in Part 1 of the Housing Act 1988 (c. 50);

“occupation contract” (“contract meddiannaeth”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act).

Meaning of intentionally homeless

77

(1) A person is intentionally homeless for the purpose of this Chapter if subsection (2) or (4) apply.

(2) This subsection applies if the person deliberately does or fails to do anything in consequence of which the person ceases to occupy accommodation which is available for the person's occupation and which it would have been reasonable for the person to continue to occupy.

(3) For the purposes of subsection (2) an act or omission in good faith on the part of a person who was unaware of any relevant fact may not be treated as deliberate.

(4) This subsection applies if—

(a) the person enters into an arrangement under which the person is required to cease to occupy accommodation which it would have been reasonable for the person to continue to occupy, and

(b) the purpose of the arrangement is to enable the person to become entitled to help under this Chapter,

and there is no other good reason why the person is homeless.

Deciding to have regard to intentionality

78

(1) The Welsh Ministers must, by regulations, specify a category or categories of applicant for the purpose of this section.

(2) A local housing authority may not have regard to whether or not an applicant has become homeless intentionally for the purposes of sections 68 and 75 unless—

(a) the applicant falls within a category specified under subsection (1) in respect of which the authority has decided to have regard to whether or not applicants in that category have become homeless intentionally, and

(b) the authority has published a notice of its decision under paragraph (a) which specifies the category.

(3) Subsection (4) applies where a local housing authority has published a notice under subsection (2) unless the authority has—

(a) decided to stop having regard to whether or not applicants falling into the category specified in the notice have become homeless intentionally, and

(b) published a notice of its decision specifying the category.

(4) For the purposes of section 68 and 75, a local housing authority must have regard to whether or not an applicant has become homeless intentionally if the applicant falls within a category specified in the notice published by the authority under subsection (2).

Further circumstances in which the duties to help applicants end

79

(1) The duties in sections 66, 68, 73 and 75 come to an end in the circumstances described in subsection (2), (3), (4) or (5), if the applicant is notified in accordance with section 84.

(2) The circumstances are that the local housing authority is no longer satisfied that the applicant is eligible for help.

(3) The circumstances are that the local housing authority is satisfied that a mistake of fact led to the applicant being notified under section 63 that the duty was owed to the applicant.

(4) The circumstances are that the local authority is satisfied that the applicant has withdrawn his or her application.

(5) The circumstances are that the local housing authority is satisfied that the applicant is unreasonably failing to co-operate with the authority in connection with the exercise of its functions under this Chapter as they apply to the applicant.

Referral to another local housing authority

Referral of case to another local housing authority

80

(1) Subsection (2) applies where—

(a) a local housing authority considers that the conditions for referral to another local housing authority (whether in Wales or England) are met (see subsection (3)), and

(b) the local housing authority would, if the case is not referred, be subject to the duty in section 73 in respect of an applicant who is in priority need of accommodation and unintentionally homeless (duty to help to secure accommodation for homeless applicants).

(2) The local housing authority may notify the other authority of its opinion that the conditions for referral are met in respect of the applicant.

(3) The conditions for referral of the case to another local housing authority (whether in Wales or England) are met if—

(a) neither the applicant nor any person who might reasonably be expected to reside with the applicant has a local connection with the area of the authority to which the application was made,

(b) the applicant or a person who might reasonably be expected to reside with the applicant has a local connection with the area of that other authority, and

(c) neither the applicant nor any person who might reasonably be expected to reside with the applicant will run the risk of domestic abuse in that other area.

(4) But the conditions for referral mentioned in subsection (3) are not met if—

(a) the applicant or any person who might reasonably be expected to reside with the applicant has suffered abuse (other than domestic abuse) in the area of the other authority, and

(b) it is probable that the return to that area of the victim will lead to further abuse of a similar kind against him or her.

(5) The question of whether the conditions for referral of a case are satisfied is to be decided—

(a) by agreement between the notifying authority and the notified authority, or

(b) in default of agreement, in accordance with such arrangements—

(i) as the Welsh Ministers may direct by order, where both authorities are in Wales, or

(ii) as the Welsh Ministers and the Secretary of State may jointly direct by order, where the notifying authority is in Wales and the notified authority is in England.

(6) An order under subsection (5) may direct that the arrangements are to be—

(a) those agreed by any relevant authorities or associations of relevant authorities, or

(b) in default of such agreement, such arrangements as appear to the Welsh Ministers or, in the case of an order under subsection (5)(b)(ii), to the Welsh Ministers and the Secretary of State to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as they think appropriate.

(7) In subsection (6), “relevant authority” means a local housing authority or a social services authority; and it includes, in so far as that subsection applies to arrangements under subsection (5)(b)(ii), such authorities in Wales and England.

(8) The Welsh Ministers may by order specify other circumstances in which the conditions are or are not met for referral of the case to another local housing authority.

Local connection

81

(1) This section applies for the purposes of this Chapter.

(2) A person has a local connection with the area of a local housing authority in Wales or England if the person has a connection with it—

(a) because the person is, or in the past was, normally resident there, and that residence is or was of the person's own choice,

(b) because the person is employed there,

(d) because of special circumstances.

(3) Residence in an area is not of a person's own choice if the person, or a person who might reasonably be expected to reside with that person, becomes resident there because the person is detained under the authority of an enactment.

(4) The Welsh Ministers may by order specify circumstances in which—

(a) a person is not to be treated as employed in an area, or

(b) residence in an area is not to be treated as of a person's own choice.

(5) A person has a local connection with the area of a local housing authority in Wales or England if the person was (at any time) provided with accommodation in that area under section 95 of the Immigration and Asylum Act 1999 (support for asylum seekers).

(6) But subsection (5) does not apply—

(a) to the provision of accommodation for a person in an area of a local housing authority if the person was subsequently provided with accommodation in the area of another local housing authority under section 95 of that Act, or

(b) to the provision of accommodation in an accommodation centre by virtue of section 22 of the Nationality, Immigration and Asylum Act 2002 (use of accommodation centres for section 95 support).

Duties to applicant whose case is considered for referral or referred

82

(1) Where a local housing authority notifies an applicant in accordance with section 84 that it intends to notify or has notified another local housing authority in Wales or England of its opinion that the conditions are met for the referral of the applicant's case to that other authority—

(a) it ceases to be subject to any duty under section 68 ( interim duty to secure accommodation for homeless applicants in priority need), andd

(b) it is not subject to any duty under section 73 ( duty to help to secure accommodation for homeless applicants);

but it must secure that suitable accommodation is available for occupation by the applicant until the applicant is notified of the decision whether the conditions for referral of the case are met.

(2) When it has been decided whether the conditions for referral are met, the notifying authority must notify the applicant in accordance with section 84.

(3) If it is decided that the conditions for referral are not met, the notifying authority is subject to the duty under section 73 (duty to help to secure accommodation for homeless applicants).

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