Paragraph 21 Meaning of “temporary accommodation”
Accommodation is temporary accommodation for the purposes of paragraph 20(1)(b) if it falls within Case 1 or Case 2.
Case 1 is where—
rent payments are payable to a local authority;
the local authority makes the accommodation available to the renter—
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
the accommodation is not exempt accommodation.
Case 2 is where—
rent payments are payable to a provider of social housing other than a local authority;
that provider makes the accommodation available to the renter in pursuance of arrangements made with it by a local authority—
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
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
the accommodation is not exempt accommodation.
Sub-paragraph (1) applies irrespective of whether the renter is also liable to make service charge payments.