Regulation 16 Temporary rehousing

The lessor must secure the provision of suitable alternative accommodation to the lessee’s household, at no cost to the lessee, from the time that the initial remediation period ends until the appropriate time, unless the lessee refuses an offer to secure such provision.

In this regulation—

• “the appropriate time” means such time that—

  1. (a)

     the relevant safety work is completed,

  2. (b)

     where the relevant safety work cannot be undertaken lawfully unless the lessor obtains the consent of another person, the lessor has exhausted all reasonable endeavours to obtain such consent,

  3. (c)

     a subsequent associated investigation concludes that the social home is not affected by a significant hazard or emergency hazard,

  4. (d)

     where regulation 15(b)(ii) applies, the further investigation concludes that there is no relevant safety work in relation to the hazard in question, or

  5. (e)

     the lessee gives the lessor notice in writing that they no longer wish to be provided with suitable alternative accommodation;

• “the lessee’s household” means, in relation to a social home—

  1. (a)

     the lessee of the social home or, in the case of joint lessees, such of the joint lessees as occupy the social home as their only or principal home, and

  2. (b)

     any person who normally resides in the social home—

     1. (i)

        as a member of the family of a person within sub-paragraph (a), and

     2. (ii)

        in accordance with the lease.

For the purposes of sub-paragraph (b) of the definition of “the lessee’s household”, a person under the age of 18 years (“C”) will be taken to meet sub-paragraph (b)(i) of that definition if—