Ms Clare Naughton:

The 2014 Act, I believe it might be section 49 of that Act, has a provision which allows for local authorities to discount the property in this situation in which it has not yet been dealt with. I have the definition to hand and if I may, I will read it out. It refers to where the local "authority is unable to establish for the time being whether alternative accommodation is available to a household that would meet the household’s housing need" and consequently this is the position that must be argued. I argue this legislation is in place to deal with people in this scenario. There are one or two conditions associated with it in that I believe they must keep the local authority informed of any change in circumstance regarding the property and if the property becomes unavailable or available for whatever reason, there again is an obligation to go back to the local authority. I cannot remember the specific wording but that provision is in the legislation of 2014 and I imagine the local authority should be following it. As to whether the local authority interprets this to be a scenario that should benefit, I imagine it should be and if it is not, there is a greater gap in the legislation than I already thought.