170.This section inserts sections 96A (co-operation between social landlords and local housing authorities) and 96B (directions to require compliance with requests under section 96A) into the 2014 Act. References below to sections 96A and 96B are references to those inserted sections.
171.Section 96A enables local housing authorities to request a social landlord which holds accommodation in the local authority’s area for housing purposes to make an offer of suitable accommodation to an applicant owed a duty under section 75 of the 2014 Act (as amended by this Act). Social landlords are defined in section 96A(2) as registered social landlords and private registered providers of social housing (as defined in section 99 of the 2014 Act (as amended by the Act)).
172.Section 96A(3) requires local housing authorities, before making such a request, to consider the availability of suitable accommodation that they hold in their area (if any).
173.Section 96A(4) requires social landlords to comply with a request from a local housing authority within a reasonable period, unless the social landlord has a good reason not to.
174.Section 96A(5) places a duty on social landlords which provide accommodation in a local housing authority’s area to comply with any reasonable request for information that the local housing authority may make in relation to that accommodation and in connection with the authority’s functions under section 96A.
175.Section 96A(6) requires the Welsh Ministers to give guidance on what constitutes a good reason for refusing a request, what constitutes a reasonable period, and what constitutes a reasonable request for the purposes of section 96A. Social landlords must have regard to any such guidance (see section 96A(8)).
176.Under section 96A(7), before giving such guidance, the Welsh Ministers must consult such associations representing local authorities in Wales, associations representing social landlords, and other persons as they think appropriate.
177.Section 96B makes provision in relation to disputes between a social landlord and a local housing authority that relate to whether a social landlord had a good reason for failing to comply with a request with a reasonable period, and a failure by a social landlord to respond to a request within a reasonable period.
178.Under section 96B(1) to (3), a local housing authority can refer a matter to the Welsh Ministers where a social landlord has not complied with a request within a reasonable period and, having regard to any explanation provided by the social landlord, the local housing authority does not consider the social landlord has a good reason for failing to comply with the request.
179.A local housing authority can also refer a matter to the Welsh Ministers where a social landlord has not responded to a request within a reasonable period.
180.When the Welsh Ministers receive such a referral from a local housing authority, they must notify the social landlord of the referral and the time period for making representations in relation to it (see section 94B(4)).
181.Section 96B(5) gives the Welsh Ministers a power to direct the social landlord to comply with the request within a specified time period if, after considering the referral and any representations made by the social landlord, the Welsh Ministers consider that the social landlord does not have a good reason for not complying with the request or did not respond to such a request. Section 96B(6) requires a social landlord to comply with a direction given to it under subsection (5).
182.Section 96B(7) requires any such direction to be in writing and confers powers on the Welsh Ministers to vary or revoke a direction by later direction. It further provides that a direction under subsection (5) is enforceable by mandatory order on application by, or on behalf of, the Welsh Ministers or the local housing authority that made the referral.
Commentary on Sections Part 1 - Homelessness Section 32: Co-operation between social landlords and local housing authorities