OpenLegislation

Section 31 Duties to persons found to be homeless.

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies where a local authority are satisfied that an applicant is homeless.

(2)

Where they F1... are not satisfied that he became homeless intentionally, they shall, unless they notify another local authority in accordance with section 33 (referral of application on ground of local connection) secure that F2permanent accommodation becomes available for his occupation.

F3(2A)

In a restricted case the local authority shall cease to be subject to the duty under subsection (2) if the applicant, having been informed of the matters mentioned in subsection (2B)—

(a)

accepts a private accommodation offer, or

(b)

refuses such an offer.

(2B)

The matters are—

(a)

the possible consequence of refusal of the offer, and

(b)

that the applicant has the right to request a review of the decisions mentioned in section 35A(2)(e).

(2C)

In this section “a restricted case” means a case falling within subsection (2) where the local authority would not be satisfied as mentioned in subsections (1) and (2) without having had regard to a restricted person.

(2D)

For the purposes of this Part an offer is a private accommodation offer if—

(a)

it is an offer of a short assured tenancy made by a landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,

(b)

it is made, with the approval of the local authority, in pursuance of arrangements made by them with the landlord with a view to bringing their duty under subsection (2) to an end, and

(c)

the tenancy being offered is for a period of at least 12 months.

(2E)

The local authority shall not approve a private accommodation offer unless they are satisfied that it is reasonable for the applicant to accept the offer.

(2F)

For the purposes of subsection (2E) an applicant may reasonably be expected to accept an offer even though he is under contractual or other obligations in respect of his existing accommodation, provided he is able to bring those obligations to an end before he is required to take up the offer.

(2G)

In a restricted case the local authority shall, so far as reasonably practicable, bring their duty under subsection (2) to an end as mentioned in subsection (2A).

(2H)

Subsections (2A) to (2G) are without prejudice to any other way in which the local authority can cease to be subject to the duty under subsection (2).

(3)

F4F5In any other case, they In a case not falling within subsection (2), the local authority shall—

(a)

secure that accommodation is made available for F6his the applicant's occupation for such period as they consider will give him a reasonable opportunity of himself securing accommodation for his occupation; and

(b)

furnish him with advice and F7assistance of such type as may be prescribed, in any attempts he may make to secure that accommodation becomes available for his occupation.

F8(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(5)

For the purposes of subsection (2), “permanent accommodation” includes accommodation—

(a)

secured by a Scottish secure tenancy,

F10(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

where paragraph 1F11, 2 or 2A of schedule 6 to the Housing (Scotland) Act 2001 (asp10) is satisfied in relation to the applicant, secured by a short Scottish secure tenancy.

(F12d)

secured by a private residential tenancy.

Annotations

Textual amendments

F1

Words in s. 31(2) omitted (31.12.2012) by virtue of The Homelessness (Abolition of Priority Need Test) (Scotland) Order 2012 (S.S.I. 2012/330), arts. 2, 8

F2

Words in s. 31(2) inserted (30.9.2002) by 2001 asp 10, s. 3(3)(a); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F3

S. 31(2A)-(2H) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 12(2); S.I. 2009/415, art. 3

F4

Words in s. 31(3) substituted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 12(3)(a); S.I. 2009/415, art. 3

F5

Words in s. 31(3) substituted (30.9.2002) by 2001 asp 10, s. 3(3)(b)(i); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F6

Words in s. 31(3)(a) substituted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 12(3)(b); S.I. 2009/415, art. 3

F7

Words in s. 31(3)(b) substituted (30.9.2002) by 2001 asp 10, s. 3(3)(b)(ii); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F8

S. 31(4) repealed (30.9.2002) by 2001 asp 10, s. 3(3)(c); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F9

S. 31(5) inserted (30.9.2002) by 2001 asp 10, s. 3(3)(d); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F10

S. 31(5)(b) repealed (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 4 para. 4(4)(a); S.S.I. 2017/346, reg. 2, sch.

F11

Words in s. 31(5)(c) substituted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 7(5), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)

F12

S. 31(5)(d) inserted (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 4 para. 4(4)(b); S.S.I. 2017/346, reg. 2, sch.

Notes on Part II

Modifications

C1

Pt. II (ss. 24-43) excluded (26.7.1993) by 1993 c. 23, s. 4(1)(5), Sch. 1 para. 8; S.I. 1993/1655, art. 2.

Pt. II (ss. 24-43) modified (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 4, (with Sch. 1 para. 8); S.I. 1993/1655, art. 2.

C2

Pt. II (ss. 24-43) restricted (19.8.1996) by 1996 c. 49, s. 9; S.I. 1996/2127, art. 2, Sch. Pt. I