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Paragraph 21 Meaning of “temporary accommodation”

Original text. Later amendments are not shown.

(1)

Accommodation is temporary accommodation for the purposes of paragraph 20(1)(b) if it falls within Case 1 or Case 2.

(2)

Case 1 is where—

(a)

rent payments are payable to a local authority;

(b)

the local authority makes the accommodation available to the renter—

(i)

to discharge any of the local authority’s functions under Part 3 of the Housing Act 1985f1, Part 7 of the Housing Act 1996f2 or Part 2 of the Housing (Scotland) Act 1987f3, or

(ii)

to prevent the person being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 1987; and

(c)

the accommodation is not exempt accommodation.

(3)

Case 2 is where—

(a)

rent payments are payable to a provider of social housing other than a local authority;

(b)

that provider makes the accommodation available to the renter in pursuance of arrangements made with it by a local authority—

(i)

to discharge any of the local authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 1987, or

(ii)

to prevent the renter being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 1987; and

(c)

the accommodation is not exempt accommodation.

(4)

Sub-paragraph (1) applies irrespective of whether the renter is also liable to make service charge payments.

Annotations

Footnotes

f1

1985 c.68.

f2

1996 c.52.

f3

1987 c.26.