Housing Act 1996

Summary

The Housing Act 1996 reformed the law on social housing allocation, homelessness, and the conduct of tenants in England and Wales. Part VI requires every local housing authority to allocate long-term social housing under a published scheme that gives 'reasonable preference' to specified categories of need. Part VII sets out the statutory safety net for homelessness — the duties to make inquiries, to secure interim accommodation for those who may be in priority need, and (since the Homelessness Reduction Act 2017) to take reasonable steps to prevent and relieve homelessness for all eligible applicants. Part V introduced introductory ('probationary') tenancies and demoted tenancies as tools for managing anti-social behaviour by new and existing social tenants.

Key Points

• Part VI (allocation) — a local authority must allocate social housing under a scheme giving reasonable preference to specified categories (s.166A/s.167)
• Part VII (homelessness) — duties to make inquiries, provide interim accommodation, and secure accommodation for those in priority need
• Priority need categories — pregnant women, households with dependent children, those vulnerable for specified reasons, and emergency cases (s.189)
• Initial relief and prevention duties owed to all eligible applicants (s.189B), inserted by the Homelessness Reduction Act 2017
• Intentional homelessness — a reduced duty applies where the applicant became homeless deliberately (s.191)
• Introductory tenancies (s.124) and demoted tenancies (s.143A) for managing anti-social behaviour

Parts & Sections

Amendments History

Frequently asked questions

How do local authorities decide who gets social housing?

Under the Housing Act 1996, local housing authorities in England must allocate long-term social housing according to a published scheme. This scheme is required to give 'reasonable preference' to specific categories of need, ensuring that housing is distributed fairly among those with the most urgent requirements as defined by the legislation.

Who is considered to be in 'priority need' for housing?

Priority need generally includes pregnant women, households with dependent children, and individuals who are vulnerable for specified reasons. It also covers emergency cases. These categories are defined in the Act to help local authorities determine which applicants require immediate housing support or interim accommodation.

What is an introductory tenancy?

An introductory tenancy is a probationary tenancy, usually lasting one year, offered to new social housing tenants. It provides reduced security compared to a standard tenancy. This mechanism allows local authorities or housing action trusts to manage the conduct of new tenants effectively before granting them full tenancy rights.

What is a demoted tenancy and why is it used?

A demoted tenancy is a less secure form of tenancy that a court can impose on a secure or assured tenancy. This action is taken in response to anti-social behaviour by the tenant. It serves as a tool for managing problematic conduct while keeping the tenant in their home under stricter conditions.

How did the Homelessness Reduction Act 2017 change homelessness duties?

The Homelessness Reduction Act 2017 amended the Housing Act 1996 to introduce new prevention and relief duties. These duties apply to all eligible applicants, not just those in priority need. Local authorities must now take reasonable steps to prevent homelessness and help secure accommodation for a wider range of people.

What happens if someone becomes homeless on purpose?

If an applicant becomes homeless deliberately, a reduced duty applies under the Act. This means the local authority's obligations to provide accommodation or assistance may be limited compared to cases where homelessness was not intentional. The specific legal consequences depend on the circumstances of the intentional act.