Housing Act 1996

Housing managementE+W

36 Issue of guidance by [F1the Welsh Ministers] [F2– housing in England] .E+W

(1)[F1The Welsh Ministers] may issue guidance with respect to the management of housing accommodation [F3in England ] by registered social landlords.

(2)Guidance under [F4 subsection (1) ] may, in particular, be issued with respect to—

(a)the housing demands for which provision should be made and the means of meeting those demands;

(b)the allocation of housing accommodation between individuals;

(c)the terms of tenancies and the principles upon which levels of rent should be determined;

(d)standards of maintenance and repair and the means of achieving those standards;

(e)the services to be provided to tenants;

(f)the procedures to be adopted to deal with complaints by tenants against a landlord;

(g)consultation and communication with tenants;

(h)the devolution to tenants of decisions concerning the management of housing accommodation.

[F5(i)the policy and procedures a landlord is required under section 218A to prepare and from time to time revise in connection with anti-social behaviour.]

F6(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(3)Before issuing any guidance under this section [F1the Welsh Ministers] shall consult such bodies appearing to [F1the Welsh Ministers] to be representative of registered social landlords as [F1the Welsh Ministers] considers appropriate; and where [F1the Welsh Ministers] issues guidance under this section it shall be issued in such manner as [F1the Welsh Ministers] considers appropriate for bringing it to the notice of the landlords concerned.

F8(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5)Guidance issued under this section may be revised or withdrawn; and [F9subsection (3) applies] in relation to the revision of guidance as in relation to its issue.

(6)Guidance under this section may make different provision in relation to different cases and, in particular, in relation to different areas, different descriptions of housing accommodation and different descriptions of registered social landlord.

F10(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F4Words in s. 36(2) substituted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 13(2)

F7S. 36(3)(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.87 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

Commencement Information

I1S. 36 wholly in force 1.10.1996; s. 36 not in force at Royal Assent see s. 232(1)-(3); s. 36(1)-(6) in force at 1.8.1996 by S.I. 1996/2048, art. 2 and s. 36(7) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.)

37 Powers of entry.E+W

(1)This section applies where it appears to [F1the Welsh Ministers] that a registered social landlord may be failing to maintain or repair any premises in accordance with [F11standards set under section 33A or] guidance issued under section 36.

(2)A person authorised by [F1the Welsh Ministers] may at any reasonable time, on giving not less than 28 days’ notice of his intention to the landlord concerned, enter any such premises for the purpose of survey and examination.

(3)Where such notice is given to the landlord, the landlord shall give the occupier or occupiers of the premises not less than seven days’ notice of the proposed survey and examination.

[F12(3A)] A landlord [F13who fails, without reasonable excuse, to give the required notice in relation to premises in Wales] commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F14(3B)A landlord who fails to give the required notice in relation to premises in England commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

(4)Proceedings for an offence under subsection [F15(3A) or (3B)] may be brought only by or with the consent of [F1the Welsh Ministers] or the Director of Public Prosecutions.

(5)An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.

(6)The [F16Relevant Authority] shall give a copy of any survey carried out in exercise of the powers conferred by this section to the landlord concerned.

(7)The [F16Relevant Authority] may require the landlord concerned to pay to it such amount as [F1the Welsh Ministers] may determine towards the costs of carrying out any survey under this section.

Textual Amendments

F1Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F12Words in s. 37(3) renumbered as s. 37(3A) (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 42(2)(a), 90(2); S.I. 2011/2475, arts. 1(2), 3(d)

F16Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C2S. 37 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

38 Penalty for obstruction of person exercising power of entry.E+W

(1)It is an offence for a registered social landlord or any of its officers or employees to obstruct a person authorised under section 37 (powers of entry) to enter premises in the performance of anything which he is authorised by that section to do.

(2)A person who commits such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)Proceedings for such an offence may be brought only by or with the consent of [F1the Welsh Ministers] or the Director of Public Prosecutions.

Textual Amendments

F1Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C3S. 38 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1