Housing Act 1974

The [1972 c. 47.] Housing Finance Act 1972

24 In the Housing Finance Act 1972 (in this Schedule referred to as " the 1972 Act"), in paragraph (e) of section 12(1) (with the consent of the Secretary of State, a local authority may include in their Housing Revenue Account income and expenditure in respect of houses and buildings not specifically referred to in paragraphs (a) to (d) of that section) after the word " such " there shall be inserted the word " land " and at the end of that paragraph there shall be added the words " and any consent given by the Secretary of State for the purposes of this paragraph may be given either generally to local authorities or to any local authority or description of local authority or in any particular case ".

25 (1) In section 28 of the 1972 Act (application for qualification certificate) in subsection (1) (application may be combined with application for a grant under Part I of the Housing Act 1969) for the words " Part I of the Housing Act 1969 " there shall be substituted the words " Part VII of the Housing Act 1974 ".

(2) In subsection (4) of that section (local authority need not serve notice on tenant where they approved an application for a grant under section 2(1) or section 9(1) of the Housing Act 1969 and work has been carried out) after the words " section 2(1) or section 9(1) of the Housing Act 1969 " there shall be inserted the words " or section 61(1) or section 65(1) of the Housing Act 1974 ".

26 (1) In section 33 of the 1972 Act (if one of two conditions is satisfied, county court may by order empower landlord to carry out certain works to which tenant does not consent) in subsection (2)(a) (one of the conditions is that the works were specified in an application for a grant under Part I of the Housing Act 1969 and the application has been approved) after the words "Part I of the Housing Act 1969 " there shall be inserted the words " or Part VII of the Housing Act 1974 ".

(2) At the end of subsection (3) of that section (order under subsection (1) may impose conditions as to time for carrying out works) there shall be added the words " or section 82(1) of the Housing Act 1974 ".

27 In section 34(3) of the 1972 Act (definitions for purposes of Part III of the Act: " standard amenities " has the meaning assigned to it by section 7 of the Housing Act 1969) for the words " section 7 of the Housing Act 1969" there shall be substituted the words " section 58 of the Housing Act 1974 ".

28 In section 38(2) of the 1972 Act (section 25(1) of the Rent Act 1968, which provides for increase in recoverable rent for improvements, not to apply to improvements with respect to which a grant under Part I of the Housing Act 1969 is payable or has been paid) after the words " Part I of the Housing Act 1969 " there shall be inserted the words " or Part VII of the Housing Act 1974 ".

29 In section 45 of the 1972 Act (protection of tenant with security of tenure where grant-aided improvement is carried out) in subsection (1) after the words "Part I of the Housing Act 1969 " there shall be inserted the words " or Part VII of the Housing Act 1974 ".

30 In section 72 of the 1972 Act (the basic residual subsidy) at the beginning of subsection (9) (the withdrawal factor for years subsequent to 1972-73) there shall be inserted the words " Subject to subsection (10) below and after that subsection there shall be added the following subsection:—"

“(10) For the year 1974-75, the withdrawal factor is zero”.

31 In section 73 of the 1972 Act (the special residual subsidy) at the beginning of subsection (7) (the reduction factor for dwellings completed during any specified year) there shall be inserted the words " Subject to subsection (8) below and after that subsection there shall be added the following subsection:—"

“(8) For the purposes of subsections (4)(b) and (5) above, the reduction factor for dwellings completed during the year 1972-73 or, as the case may be, 1973-74 is zero”.

32 In sections 74(1) and 75(12) of the 1972 Act (power of Secretary of State to modify basis of calculation of certain subsidies where a housing association's income for any year will be inadequate to meet the expenditure which it would be reasonable for them to incur in that year in exercise of their housing functions) after the words " will be " there shall be inserted the words " or was " and after the words " would be " there shall be inserted the words " or, as the case may be, was ".

33 (1) In subsection (2) of section 82 of the 1972 Act (application of certain provisions of Part IV of Rent Act 1968 in relation to tenances to which Part VIII of the 1972 Act applies),—

(a) after the words " the following" there shall be inserted the words " and no other "; and

(b) after the word " shall" there shall be inserted the words " apply in relation to tenancies to which this Part of this Act applies, and in their application to such tenancies shall ".

(2) If, pursuant to an application by a local authority under section 44A of the [1968 c. 23.] Rent Act 1968, a rent has, at any time before the appointed day, been registered in the part of the register under Part IV of that Act which is provided for by subsection (1) of section 82 of the 1972 Act, that registration—

(a) shall be as valid as if section 44A of the [1968 c. 23.] Rent Act 1968 had, before the appointed day, been specified in subsection (2) of section 82 of the 1972 Act; and

(b) shall be treated on and after the appointed day as if it had been effected pursuant to an application under section 44 of the Rent Act 1968.

(3) In this paragraph "the appointed day" means the day appointed for the coming into operation of this paragraph.

34 After subsection (3) of section 83 of the 1972 Act (rent limit where no rent is registered) there shall be inserted the following subsection—

“(3A) The reference in paragraph (b) of subsection (3) above to another tenancy includes, in addition to a tenancy to which this Part of this Act applies, a regulated tenancy, within the meaning of the Rent Act 1968—

(a) which subsisted at any time after the operative date, within the meaning of the Housing Act 1974 ; and

(b) under which, immediately before it came to an end, the interest of the landlord belonged to a housing association”.

35 (1) In section 91(1) of the 1972 Act (exceptions from duty to give information about service charges) at the end of paragraph (d) there shall be added the words " which either is registered under section 13 of the Housing Act 1974 or falls within any of paragraphs (a) to (c) of section 18(1) of that Act. "

(2) This paragraph shall come into operation on the operative date.

36 In Schedule 1 to the 1972 Act (the Housing Revenue Account) in paragraph (d) of paragraph 1(1) (amounts to be carried to the credit of the account to include contributions towards costs of improvements and conversions) the word " or " at the end of sub-paragraph (iii) shall be omitted and, after sub-paragraph (iv), there shall be inserted the words “or

(v) section 79 of the Housing Act 1974”.

37 In Schedule 6 to the 1972 Act (restriction on rent increases) in paragraph 1(1) and, in paragraph 2, in Case F in the Table, after the words "Part I of the Housing Act 1969 " there shall be inserted the words " or Part VII of the Housing Act 1974 ".