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Did you mean to do that? An error in the new Part 6 HA 1996 guidance?

By J

On 31 December 2020, the government published new guidance on Part 6 and Part 7, Housing Act 1996. The Part 7 guidance relates to eligibility post Brexit (i.e. Chapter 7 of the Code) and can be found here.  It looks like it’s just a summary of the position between 1 Jan 2021 and 30 June 2021 (i.e. the grace period that EU nationals have to apply for settled/pre-settled status).

The Part 6 guidance is a bit broader. It is here and purports (para 1.2) to replace all previous social housing guidance. I don’t think it can mean that. I understand that it wants to replace the main 2012 guidance but does it mean to replace the 2013 addendum on “Providing Social Housing for Local People“? What about the 2015 guidance on the Right to Move? Surely it didn’t meant to replace the 2018 guidance on “Improving Access to Social Housing for victims of Domestic Violence“? Or the 2020 guidance on improving access to social housing for members of the Armed Forces? The new guidance does not deal with these topics.

What I *think* has happened is that someone has cut and pasted from the 2012 guidance without reading it carefully (see, e.g. para 4.14 which is lifted from the 2012 guidance but now makes no sense in light of the footnote that has been added). Certainly the 2013, 2015, 2018 and 2020 guidance is still on the MHCLG website and the website seem to suggest they are still relevant. But if that is so then para 1.2 of the 31.12.20 guidance needs to be amended to make that clear.

Happy New Year


J is a barrister. He considers housing law to be the single greatest kind of law known to humankind and finds it very odd that so few people share this view.

1 Comment

  1. Ron Platt

    Happy New Year. J is correct. Without a home or accommodation and the tools to protect one’s right to it, one is in deep trouble. I have first experience of that.


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