Q&As

Where accommodation is provided under sections 192(2) and (3) of the Housing Act 1996 (HA 1996), is a notice pursuant to section 3 of the Protection from Eviction Act 1977 or a court order required to secure possession?

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Produced in partnership with Matthew Haynes of St Ives Chambers
Published on LexisPSL on 31/08/2016

The following Property Disputes Q&A produced in partnership with Matthew Haynes of St Ives Chambers provides comprehensive and up to date legal information covering:

  • Where accommodation is provided under sections 192(2) and (3) of the Housing Act 1996 (HA 1996), is a notice pursuant to section 3 of the Protection from Eviction Act 1977 or a court order required to secure possession?

This question raises the issue of a local housing authority’s duty under Part VII of Housing Act 1996 (HA 1996), in relation to homelessness.

HA 1996, s 188 relates to the authority’s duty to secure interim accommodation where there appears to be a priority need. This duty ends once the decision is notified.

In the context of a duty to persons not in priority need who are not homeless intentionally, HA 1996, s 192(2)–(3) provide:

‘(2) The authority shall provide the applicant with (or secure that he is provided with) advice and assistance in any attempts he may make to secure that accommodation becomes available for his occupation.

'(3) The authority may secure that accommodation is available for occupation by the applicant.’

In the case of R (on the application of

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