Chapter 2: Overview of the amendments to Part 6 made by the Localism Act 2011

A summary of the changes to the legislation governing the allocation of social housing made by the Localism Act 2011.

2.1 The Localism Act 2011 introduces significant amendments to Part 6. The main policy objectives behind these amendments are to:

  • Enable housing authorities to better manage their housing waiting list by giving them the power to determine which applicants do or do not qualify for an allocation of social housing. Authorities will be able to operate a more focused list which better reflects local circumstances and can be understood more readily by local people. It will also be easier for authorities to manage unrealistic expectations by excluding people who have little or no prospect of being allocated accommodation.

  • Make it easier for existing social tenants to move by removing the constraints of Part 6 from those social tenants who apply to the housing authority for a transfer, unless they have reasonable preference. Housing authorities will be able to strike a balance between meeting the needs of existing tenants and new applicants for social housing, while making best use of their stock. Part 6 continues to apply to transferring tenants with reasonable preference, ensuring they continue to receive priority under the authority’s allocation scheme.

  • Maintain the protection provided by the statutory reasonable preference criteria – ensuring that priority for social housing goes to those in the greatest need.

2.2 The detailed changes to Part 6 contained in the Localism Act 2011 are set out in the following paragraphs.

2.3 By virtue of section 159(4B) the term ‘allocation’ continues to apply to a transfer at the request of an existing secure, introductory or assured tenant where the authority is satisfied that he or she has ‘reasonable preference’ for an allocation. Existing secure, introductory and assured tenants seeking a transfer who are not considered to have reasonable preference are now outside the scope of Part 6 (section 159(4A).

2.4 Section 160ZA replaces section 160A in relation to allocations by housing authorities in England. Social housing may only be allocated to ‘qualifying persons’ and housing authorities are given the power to determine what classes of persons are or are not qualified to be allocated housing (section 160ZA(6) and (7)). These requirements are in addition to the provisions on eligibility in respect of persons from abroad (section 160ZA(2) and (4)) which continue to be set centrally. The power for a housing authority to decide that an applicant is to be treated as ineligible by reason of unacceptable behaviour serious enough to make him unsuitable to be a tenant is redundant and has therefore been repealed.

2.5 Section 166A requires housing authorities in England to allocate accommodation in accordance with a scheme which must be framed to ensure that certain categories of applicants are given reasonable preference. With certain exceptions, section 166A replicates the provisions in section 167 which continues to apply to allocations by housing authorities in Wales. Section 166A(9) includes a requirement for an allocation scheme to give a right to review a decision on qualification in section 160ZA(9), and to be informed of the decision on the review and the grounds for it. This is in addition to the existing right to review a decision on eligibility. Section 166A(12) provides that authorities must have regard to their homelessness and tenancy strategies when framing their allocation scheme.

2.6 The provisions in section 167 which allow for no preference to be given to a person guilty of serious unacceptable behaviour (sections 167(2B) – (2D)) are not reproduced in section 166A. However, the power to take behaviour – whether good or poor – into account in determining priorities between people in the reasonable preference categories remains (section 166A(5)(b)).

2.7 The requirement for an allocation scheme to contain a statement of the authority’s policy on offering a choice of accommodation or the opportunity to express preferences about their accommodation is retained (section166A(2)). However, the requirement to provide a copy of this statement to people to whom they owe a homelessness duty (under section 193(3A) or section 195(3A) of the 1996 Act) is repealed 4 .

Footnotes

(4) Section 148(2) and section 149(3) of the Localism Act 2011. ↩