Homelessness and Social Housing Allocation (Wales) Act 2026

After section 96B of the 2014 Act (directions to require compliance with requests under section 96A) (inserted by section 32) insert—

(96C) If a local housing authority secures an offer of accommodation for an applicant with a view to bringing the authority’s duty under section 66 or 75 to an end, it must take reasonable steps to provide the applicant with an opportunity to view the accommodation (whether in person or otherwise) before the applicant decides whether to accept or refuse the offer.

PART 2 — SOCIAL HOUSING ALLOCATION

Ineligibility for allocation of social housing

Ineligibility for allocation of housing as a result of unacceptable behaviour

34

In section 160A(7)(b) of the 1996 Act (allocation only to eligible persons: Wales), after “considered” insert “, taking into account, in particular, the likelihood of that behaviour reoccurring,”.

Preference for persons in allocation schemes

No preference for persons who try to manipulate the housing system

35

• (1) The 1996 Act is amended as follows.

• (2) In section 167 (allocation in accordance with allocation scheme: Wales)—

• (a) after subsection (2D) insert—

(2DA) Nothing in paragraph (a) or (b) of subsection (2) requires the scheme to provide for any preference to be given to people the authority have decided are people to whom subsection (2DB) applies. (2DB) This subsection applies to a person if the authority are satisfied that the person is trying to manipulate the housing system (see section 167A).

;

• (b) in subsection (4A)(b), after “(2C)” insert “or (2DB)”.

• (3) After section 167 insert—

(167A) (1) A person is trying to manipulate the housing system for the purposes of section 167(2DB) if subsection (2) or (4) applies. (2) This subsection applies if— (a) the person falls within paragraph (a) or (b) of section 167(2) because the person deliberately did or failed to do something in consequence of which the person ceases to occupy accommodation that was available for the person’s occupation and which it would have been reasonable for the person to continue to occupy, and (b) the person either— (i) intended, by doing or failing to do that thing, to enable the person to become entitled to help under Chapter 2 of Part 2 of the Housing (Wales) Act 2014 (“the 2014 Act”) or to improve the person’s chances of being allocated accommodation under this Part, or (ii) before doing or failing to do that thing, received information, advice or other support provided or otherwise secured by a public authority exercising functions in relation to the person that was adequate for the purpose of enabling the person to continue occupying the accommodation. (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 falls within paragraph (a) or (b) of section 167(2) because the person entered into an arrangement under which the person was required to cease to occupy accommodation which it would have been reasonable for the person to continue to occupy, (b) the purpose of the arrangement was to enable the person to become entitled to help under Chapter 2 of Part 2 of the 2014 Act or to improve the person’s chance of being allocated accommodation under this Part, and (c) there is no other good reason why the person became homeless for the purposes of the 2014 Act. (5) For the purposes of this section— (a) accommodation is available for occupation if it would be for the purposes of Chapter 2 of Part 2 of the 2014 Act (see section 56 of the 2014 Act); (b) it is reasonable to continue to occupy accommodation if it would be for the purposes of Chapter 2 of Part 2 of the 2014 Act (see section 57 of the 2014 Act).

Preference for young people leaving care

36

In section 167(2) of the 1996 Act (allocation in accordance with allocation scheme: Wales), after paragraph (b) insert—

(ba) people for whom responsible local authorities have duties under section 108A of the Social Services and Well-being (Wales) Act 2014 (anaw 4) to take reasonable steps to secure that suitable accommodation is available for their occupation.

Registers

Housing registers

37

After section 160A of the 1996 Act (allocation only to eligible persons: Wales) insert—

(160B) (1) The duty in subsection (2) applies only in relation to housing accommodation offered by a registered social landlord or a private registered provider of social housing under any arrangements to require that housing accommodation, or a specified amount of housing accommodation, is made available to a person or one of a number of persons nominated by a local housing authority in Wales. (2) A registered social landlord or a private registered provider of social housing may only offer housing accommodation that it holds in a local housing authority’s area in Wales to persons included on the common housing register for that area. (3) The Welsh Ministers may by regulations provide for circumstances in which the duty in subsection (2) does not apply. (4) In subsection (1), “arrangements” means arrangements made in connection with the allocation of housing accommodation under this Part (whether legally enforceable or not). (160C) (1) A local housing authority in Wales must establish and maintain a register of persons to whom housing accommodation in their area may be allocated in accordance with this Part (a “common housing register”). (2) A local housing authority must include a person on the common housing register if— (a) the person applies to the authority for housing accommodation, and (b) the authority decides that the person— (i) is not ineligible for an allocation of housing accommodation by virtue of section 160A(3) and (5), and (ii) is not ineligible by virtue of a decision under section 160A(7). (3) A local housing authority may include a person on the common housing register without an application if the authority decides that sub-paragraphs (i) and (ii) of paragraph (b) of subsection (2) apply to the person. (160D) (1) The Welsh Ministers must, by regulations, make provision for and in connection with common housing registers. (2) The regulations must provide for— (a) a person with an entry in the register to have access to information relating to the entry and the allocation of housing under this Part; (b) general information relating to registers and their operation in the allocation of housing in each local housing authority area to be published. (3) The regulations may, in particular, make provision— (a) about amending and removing entries in the register in respect of a person; (b) about giving notice (for example, giving notice if a person is included in the register or if an entry in the register in respect of a person is amended or removed); (c) about the information that may or must be included on the register; (d) requiring or authorising the disclosure of information contained on the register to a person or description of person specified in the regulations; (e) about the creation, collection, collation and publication of information relating to the register or its operation in the allocation of housing; (f) conferring functions on local housing authorities in Wales or the Welsh Ministers. (160E) (1) A local housing authority in Wales must establish and maintain a register of housing accommodation in their area that— (a) is available, or may in future become available, for allocation under this Part, and (b) has features that may assist a disabled person. (2) The Welsh Ministers must, by regulations, make provision for and in connection with a register required to be established and maintained under this section. (3) The regulations must provide for general information relating to registers and their operation in the allocation of housing in each local housing authority area to be published. (4) The regulations may, in particular, make provision— (a) about amending and removing an entry in the register in respect of housing accommodation; (b) about giving notice (for example, giving notice to persons specified in the regulations if accommodation is included on the register or if an entry in respect of the accommodation is amended or removed); (c) about the information that may or must be included on the register; (d) requiring or authorising the disclosure of information contained on the register to a person or description of person specified in the regulations; (e) about the creation, collection, collation and publication of information relating to the register or its operation in the allocation of housing; (f) conferring functions on local housing authorities in Wales or the Welsh Ministers. (5) A registered social landlord and a private registered provider of social housing which holds housing accommodation in the authority’s area must comply with any reasonable request made to it by a local housing authority in connection with the exercise of the authority’s functions under this section.

PART 3 — MISCELLANEOUS AND GENERAL

Miscellaneous

Guidance to local housing authorities on rent guarantees

38

• (1) The Welsh Ministers must give guidance to local housing authorities about making arrangements under which a local housing authority guarantees payment of rent by an occupier of housing accommodation in accordance with an agreement of any kind.

• (2) Before giving guidance under this section, the Welsh Ministers must consult local housing authorities and any other persons they consider appropriate.

• (3) The Welsh Ministers may revise or replace guidance under this section by giving further guidance.

• (4) The Welsh Ministers must publish guidance under this section.

• (5) In this section, “local housing authority” means the council of a county or county borough in Wales.

Review of the operation and effect of changes made by this Act

39

• (1) The Welsh Ministers must carry out a review of the operation and effect of the changes made by this Act to the 2014 Act, the 1996 Act and the Social Services and Well-being (Wales) Act 2014 (anaw 4).

• (2) In carrying out the review, the Welsh Ministers must consult such public or local authorities, voluntary organisations, persons who are, or who have been homeless or threatened with homelessness in Wales or other persons as they consider appropriate.

• (3) The Welsh Ministers must publish a report of their review of the operation and effect of section 94A of the 2014 Act and lay a copy of it before Senedd Cymru before the end of the period of 2 years beginning with the day on which section 20 comes fully into force.

• (4) The Welsh Ministers must publish a report of their review of the operation and effect of the other changes made by this Act and lay a copy of it before Senedd Cymru before the end of the period of 4 years beginning with the day on which this Act comes fully into force.

• (5) The Welsh Ministers may review the operation and effect of a change made by this Act at a time when the Welsh Ministers consider the provision making the change to be substantially in force.

General

Interpretation

40

In this Act—

• “the 1996 Act” (“Deddf 1996”)means the Housing Act 1996 (c. 52);

• “the 2014 Act” (“Deddf 2014”)means the Housing (Wales) Act 2014 (anaw 7).

Minor and consequential provision

41

The Schedule to this Act makes minor and consequential provision.

Power to make consequential and transitional provision etc.

42

• (1) The Welsh Ministers may, by regulations, make—

• (a) provision that is incidental or supplementary to, or consequential on, any provision of this Act;

• (b) transitional or saving provision in connection with any provision of this Act.

• (2) Regulations under subsection (1) may—

• (a) amend, modify, repeal or revoke any enactment (including an enactment contained in this Act);

• (b) make different provision for different purposes or different areas.

• (3) The power to make regulations under subsection (1) must be exercised by Welsh statutory instrument.

• (4) If regulations under subsection (1) amend, repeal or otherwise modify a provision of an Act of Parliament or an Act or Measure of Senedd Cymru, they are subject to the Senedd approval procedure.

• (5) Regulations under subsection (1) to which subsection (4) does not apply are subject to the Senedd annulment procedure.

Coming into force

43

• (1) The provisions of this Part (except section 41) come into force on the day after the day on which this Act receives Royal Assent.

• (2) The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by Welsh statutory instrument.

• (3) An order under subsection (2) may—

• (a) appoint different days for different purposes or different areas;

• (b) make transitional or saving provision in connection with the coming into force of a provision brought into force by the order.

• (4) An order under subsection (2) may not appoint a day for the coming into force of section 35 that is earlier than the day appointed for the coming into force of section 10.

Progress reports on bringing the Act into force

44

• (1) The duty in subsection (2) applies if this Act is not fully in force on any of the following days—

• (a) 31 December 2028;

• (b) 31 December 2029;

• (c) 31 December in every second year after 2029.

• (2) The Welsh Ministers must prepare a report—

• (a) specifying any progress in bringing the Act into force, and

• (b) specifying any further steps to be taken by the Welsh Ministers (or any other person) to bring the Act fully into force.

• (3) The Welsh Ministers must publish the report required by subsection (2) and lay a copy of it before Senedd Cymru as soon as reasonably practicable after the day mentioned in subsection (1) in respect of which the duty in subsection (2) applies.

Short title

45

This Act may be referred to as—

• (a) the Homelessness and Social Housing Allocation (Wales) Act 2026, or

• (b) Deddf Digartrefedd a Dyrannu Tai Cymdeithasol (Cymru) 2026.

SCHEDULE

Housing Act 1996 (c. 52)

1

• (1) The Housing Act 1996 is amended as follows.

• (2) In section 160(4) (cases to which provisions about allocation do not apply)—

• (a) the words “in such other cases as the Secretary of State may prescribe by regulations.” become paragraph (a);

• (b) at the beginning of paragraph (a) insert “in relation to England,”;

• (c) after paragraph (a), insert—

(b) in relation to Wales, in such other cases as the Welsh Ministers may prescribe by regulations.

• (3) In section 160A (allocation to eligible persons: Wales)—

• (a) in subsection (3), for “Secretary of State” substitute “Welsh Ministers”;

• (b) in subsection (5), for “Secretary of State” substitute “Welsh Ministers”.

• (4) In section 167 (allocation in accordance with allocation scheme: Wales)—

• (a) in subsection (2), in paragraph (b) omit “, 73”;

• (b) in subsection (3), for “Secretary of State” substitute “Welsh Ministers”;

• (c) in subsection (4), for “Secretary of State” substitute “Welsh Ministers”;

• (d) in subsection (5), for “Secretary of State” substitute “Welsh Ministers”.

• (5) In section 169 (guidance)—

• (a) in subsection (1) after “local housing authorities” insert “in England”;

• (b) after subsection (1) insert—

(1A) In the exercise of their functions under this Part, local housing authorities in Wales shall have regard to such guidance as may from time to time be given by the Welsh Ministers.

;

• (c) in subsection (2), after “Secretary of State” insert “and the Welsh Ministers”;

• (d) in the heading, after “Secretary of State” insert “and the Welsh Ministers”.

• (6) In section 172 (regulations)—

• (a) in subsection (1), after “Regulations” insert “made by the Secretary of State”;

• (b) after subsection (1) insert—

(1A) Regulations made by the Welsh Ministers under this Part shall be made by Welsh statutory instrument.

;

• (c) in subsection (2)—

• (i) omit “or 167(3)”;

• (ii) after “allocating housing accommodation” insert “in England”;

• (d) after subsection (2) insert—

(2A) Regulations made under section 160B(3) (circumstances in which the duty in section 160B(2) does not apply), section 160D(1) (common housing register), section 160E(2) (accessible housing register) or section 167(3) (regulations amending provisions about priorities in allocating housing accommodation in Wales) are subject to the Senedd approval procedure.

;

• (e) in subsection (3), after “regulations” insert “made by the Secretary of State”;

• (f) after subsection (3) insert—

(3A) Any other regulations made by the Welsh Ministers under this Part are subject to the Senedd annulment procedure.

;

• (g) in subsection (4), after “Secretary of State” insert “or the Welsh Ministers (as the case may be)”.

• (7) In section 174 (index of defined expressions), in the appropriate place, insert—

common housing register	section 160B

Social Services and Well-being (Wales) Act 2014 (anaw 4)

2

• (1) The Social Services and Well-being (Wales) Act 2014 is amended as follows.

• (2) In Schedule 2, in the table, for the entry for the Housing (Wales) Act 2014 substitute—

Housing (Wales) Act 2014
Section 94A, so far as it relates to the functions of a specified person by virtue of section 94B(1)(a);	Duty to ask whether a person is homeless or threatened with homelessness and duty to act where a person is homeless or threatened with homelessness;
Section 95, so far as it relates to other social services functions.	Co-operation and information sharing in relation to homeless persons and persons threatened with homelessness.

Housing (Wales) Act 2014 (anaw 7)

3

• (1) The Housing (Wales) Act 2014 is amended as follows.

• (2) In section 53 (overview)—

• (a) after subsection (6) insert—

(6A) Section 63A requires local housing authorities to prepare and maintain a prevention, support and accommodation plan for applicants who are owed duties under this Chapter, and section 63B makes provision about reviewing such plans.

;

• (b) in subsection (7) omit “; and section 65 explains what “help to secure” means”;

• (c) in subsection (8)—

• (i) in paragraph (b), for “for applicants in priority need” to the end substitute “(section 68)”;

• (ii) omit paragraph (c);

• (iii) in paragraph (d), omit “for applicants in priority need when the duty in section 73 comes to an end”;

• (d) omit subsection (9).

• (3) In section 56 (meaning of accommodation available for occupation)—

• (a) in subsection (1), for “together with” to the end substitute “together with any other members of the person’s household”;

• (b) after subsection (1) insert—

(1A) A reference in this Chapter to a member of a person’s household is a reference to— (a) a person who normally resides with that person as a member of that person’s family, or (b) any other person who might reasonably be expected to reside with that person.

;

• (c) in the heading, after “occupation” insert “and member of household”.

• (4) In section 57 (whether it is reasonable to continue to occupy accommodation), omit subsection (2).

• (5) In section 62(5) (duty to assess)—

• (a) in paragraph (b), for “person with whom the applicant lives or might reasonably be expected to live” substitute “member of the applicant’s household”;

• (b) in paragraph (c), for “person with whom the applicant lives or might reasonably be expected to live” substitute “member of the applicant’s household”.

• (6) In section 63 (notice of outcome of assessment)—

• (a) omit subsection (3);

• (b) in subsection (4), for “, (1) or (3)” substitute “or (1)”.

• (7) In section 76 (circumstances in which the duty in section 75 ends)—

• (a) in subsection (4)(a)(ii), for “assured shorthold tenancy” substitute “assured tenancy (including an assured shorthold tenancy)”;

• (b) omit subsection (6).

• (8) In section 79(1) (further circumstances in which the duties to help applicants end), omit “, 73”.

• (9) In section 80(3) (referral of case to another local housing authority)—

• (a) in paragraph (a), for “person who might reasonably be expected to reside with the applicant” substitute “member of the applicant’s household”;

• (b) in paragraph (b), for “person who might reasonably be expected to reside with the applicant” substitute “member of the applicant’s household”.

• (10) In section 81(local connection)—

• (a) in subsection (2), after “England” insert “or any other area”;

• (b) in subsection (3), for “person who might reasonably be expected to reside with that person” substitute “member of that person’s household”.

• (11) In section 84 (notice that duties have ended)—

• (a) in subsection (1), omit “, 73”;

• (b) omit subsection (2).

• (12) In section 86(6) (procedure on review), in the English text, after “not” insert “to”.

• (13) Omit section 87 (effect of a decision on review or appeal that reasonable steps were not taken).

• (14) In section 91(3)(b) (out-of-area placement), for “persons who normally” to the end substitute “members of the applicant’s household,”.

• (15) In section 93 (protection of property)—

• (a) in subsection (2)—

• (i) in the entry for section 66, omit “in the case of an applicant in priority need”;

• (ii) in the entry for section 68, omit “for homeless applicants in priority need”;

• (iii) in the entry for section 75, omit “for applicants in priority need when the duty in section 73 ends”;

• (iv) in the entry for section 82, omit “in the case of an applicant in priority need”;

• (b) in subsection (6), for “person who might reasonably be expected to reside with the applicant” substitute “member of the applicant’s household”.

• (16) In section 94(10), for “person who might reasonably be expected to reside with the applicant” substitute “member of the applicant’s household”.

• (17) In section 96 (co-operation in certain cases involving children)—

• (a) in subsection (1), for “an applicant with whom a person under the age of 18 normally resides, or might reasonably be expected to reside” substitute “a member of an applicant’s household is under the age of 18 and that the applicant”;

• (b) in subsection (1)(b), omit “, 73”;

• (c) in subsection (4), omit “became homeless intentionally or became threatened with homelessness intentionally,”.

• (18) In section 98(3)(a) (guidance), after “guidance” insert “under this Part”.

• (19) In section 99 (interpretation of Chapter 2 of Part 2 and index of defined terms)—

• (a) in the appropriate places insert—

• “appropriate Minister” (“Gweinidog priodol”) has the meaning given by paragraph 8(5) of Schedule 7B to the Government of Wales Act 2006 (c. 32);

;

• “approved premises” (“mangre a gymeradwywyd”) has the meaning given by section 13 of the Offender Management Act 2007 (c. 21);

;

• “contracted out prison” (“carchar ar gontract”) has the meaning given by section 84(4) of the Criminal Justice Act 1991 (c. 53);

;

• “contracted out secure training centre” (“canolfan hyfforddi ddiogel ar gontract”) has the meaning given by section 15 of the Criminal Justice and Public Order Act 1994 (c. 33);

;

• “housing action trust” (“ymddiriedolaeth gweithredu tai”) means a housing action trust established under Part 3 of the Housing Act 1988 (c. 50);

;

• “Local Health Board” (“Bwrdd Iechyd Lleol”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c. 42);

;

• “member of the applicant’s household” (“aelod o aelwyd y ceisydd”) (and any similar reference to member of a person’s household) is to be interpreted in accordance with section 56;

;

• “new town corporation” (“corfforaeth tref newydd”) has the meaning given by Part 1 of the Housing Act 1985 (c. 68);

;

• “prevention, support and accommodation plan” (“cynllun atal, cefnogaeth a llety”) means a plan required by section 63A;

;

• “prisoner” (“carcharor”) means a person who is— serving a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or section 222 of the Sentencing Code, remanded in or committed to custody by an order of a court, or remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10);

;

• “primary care services” (“gwasanaethau gofal sylfaenol”) means services provided under or by virtue of Parts 4 to 7 of the National Health Service (Wales) Act 2006 (c. 42);

;

• “private registered provider of social housing” (“darparwr tai cymdeithasol preifat cofrestredig”) has the meaning given by Part 2 of the Housing and Regeneration Act 2008 (c. 17);

;

• “secure children’s home” (“cartref diogel i blant”) means— accommodation in Wales in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) to provide a secure accommodation service within the meaning of Part 1 of that Act. accommodation that is provided in a children’s home in England, within the meaning of the Care Standards Act 2000 (c. 14)— which provides accommodation for the purposes of restricting liberty, and in respect of which a person is registered under Part 2 of that Act;

;

• “registered social landlord” (“landlord cymdeithasol cofrestredig”) has the meaning given by Part 1 of the Housing Act 1996 (c. 52);

;

• “reserved authority” (“awdurdod a gedwir yn ôl”) has the meaning given by paragraph 8(3) of Schedule 7B to the Government of Wales Act 2006 (c. 32);

;

• “specified person” (“person penodedig) means the persons set out in section 94B(1);

;

• (b) omit the definitions of “associated”, ”domestic abuse”, “help to secure”, “intentionally homeless”, “looked after, accommodated or fostered” and “priority need for accommodation”;

• (c) in the definition of “help under this Chapter”, omit “, 73,”;

• (d) in the definition of “youth detention accommodation”, in the Welsh text, for “cartref plant diogel” substitute “cartref diogel i blant”.

• (20) In Schedule 2 (eligibility for help under Chapter 2 of Part 2)—

• (a) in paragraph 1(1) omit “, 73”;

• (b) in paragraph 1(5)—

• (i) in paragraph (a), after “homelessness” omit “, or”;

• (ii) omit paragraph (b).

Renting Homes (Wales) Act 2016 (anaw 1)

4

• (1) The Renting Homes (Wales) Act 2016 is amended as follows.

• (2) In Schedule 2, in paragraph 12(5), in paragraph (a) of the definition of “homelessness housing functions”, omit “73,”.