Section 177 Whether it is reasonable to continue to occupy accommodation.I1

England and Wales

(1)

It is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to F1violence or domestic abuse against him, or against—

(a)

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

(b)

any other person who might reasonably be expected to reside with him.

F2(1A)

For this purpose—

(a)

“domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;

(b)

“violence” means—

(i)

violence from another person; or

(ii)

threats of violence from another person which are likely to be carried out.

(2)

In determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation, regard may be had to the general circumstances prevailing in relation to housing in the district of the local housing authority to whom he has applied for accommodation or for assistance in obtaining accommodation.

(3)

The Secretary of State 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.

Annotations

Textual amendments

F1: Words in s. 177(1) substituted (5.7.2021) by Domestic Abuse Act 2021 (c. 17), ss. 78(2)(a), 90(6); S.I. 2021/797, reg. 2(2) (with reg. 4(1))
F2: S. 177(1A) substituted (5.7.2021) by Domestic Abuse Act 2021 (c. 17), ss. 78(2)(b), 90(6); S.I. 2021/797, reg. 2(2) (with reg. 4(1))

Commencement

I1: S. 177 wholly in force 20.1.1997: s. 177 not in force at Royal Assent, see s. 232(1)-(3); s. 177(3) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 177 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

Notes on Part VII

Textual amendments

F1: Words in Pt. VII title inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 4; S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

Modifications

C1

Pt. VII (ss. 175-218) modified (20.1.1997) by S.I. 1996/3205, art. 3, Sch.2

Pt. VII (ss. 175-218) applied (with modifications) (temp.) (6.12.1999) by S.I. 1999/3126, arts.2, 7

Pt. VII (ss. 175-218): power to apply (with modifications) (transitional provision) (11.11.1999) by 1999 c. 33, s. 169(2), Sch. 15 para. 13