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Housing Act 1985

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Status:

This version of this Act contains provisions that are prospective.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Housing Act 1985. Any changes that have already been made by the team appear in the content and are referenced with annotations.

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Housing Act 1985

1985 CHAPTER 68

X1An Act to consolidate the Housing Acts (except those provisions consolidated in the Housing Associations Act 1985 and the Landlord and Tenant Act 1985), and certain related provisions, with amendments to give effect to recommendations of the Law Commission.

[30th October 1985]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Editorial Information

X1A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.

Modifications etc. (not altering text)

C1Act amended by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 2(3)

Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1

Act amended (24.9.1996) by 1996 c. 52, ss. 221(a), 232(2)

C2By Housing Act 1986 (c. 50, SIF 61), s. 140(1), Sch. 17 para. 106 it is provided that for the words “Housing Corporation” in each place where they occur there shall be substituted “Corporation”

C5Act applied by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 157(2)

Act applied (1.4.1996 with application in relation only to energy conservation authorities whose areas are in England and 1.4.1997 for those in Wales) by 1995 c. 10, s. 1(2)(a); S.I. 1995/3340, arts. 2(1), 3; S.I. 1996/3181, arts. 2, 3

Act applied (1.10.1996) by 1996 c. 52, s. 217(3)(a); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

C6Act: definition of "local authority" applied (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), ss. 14(1)(a), 23(1), Sch. 5 para.1 (with s. 37(4), Sch. 7); S.I. 1991/2508, art. 2

C7Act restricted (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 6(1)(a) (with Sch. 1 para. 8); S.I. 1993/1655, art. 2.

C8Act to be construed with 1996 c. 52 Pt. VII (20.1.1997) by 1996 c. 52, s. 216(1); S.I. 1996/2959, art. 2 (subject to transitional provision in Sch. para. 1)

C9Act: certain functions of a Minister of the Crown transferred to the National Assembly for Wales (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1(as amended (28.3.2003) by S.I. 2003/940, art. 3)

PART IE+W INTRODUCTORY PROVISIONS

Local housing authoritiesE+W

1 Local housing authorities.E+W

In this Act “local housing authority” means a district council, a London borough council, the Common Council of the City of London [F1a Welsh county council or county borough council]or the Council of the Isles of Scilly.

Annotations:

Amendments (Textual)

F1Words in s. 1 inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

2 The district of a local housing authorityE+W

(1)References in this Act to the district of a local housing authority are to the area of the council concerned, that is, to the district, London borough, the City of London [F2the Welsh county or county borough,]or the Isles of Scilly, as the case may be.

(2)References in this Act to “the local housing authority”, in relation to land, are to the local housing authority in whose district the land is situated.

Annotations:

Amendments (Textual)

F2Words in s. 2(1) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

Modifications etc. (not altering text)

3 Buildings situated in more than one district.E+W

(1)Where a building is situated partly in the district of one local housing authority and partly in the district of another, the authorities may agree that—

(a)the building, or

(b)the building, its site and any yard, garden, outhouses and appurtenances belonging to the building or usually enjoyed with it,

shall be treated for the purposes of the enactments relating to housing as situated in such one of the districts as is specified in the agreement.

(2)Whilst the agreement is in force the enactments relating to housing have effect accordingly.

Other authorities and bodiesE+W

4 Other descriptions of authority.E+W

[F3(1)]In this Act—

(a)housing authority” means a local housing authority [F4or a new town corporation];

(b)new town corporation” means a development corporation or the [F5new towns residuary body];

(c)development corporation” means a development corporation established by an order made, or having effect as if made, under the M1New Towns Act 1981;

(d)urban development corporation” means an urban development corporation established under Part XVI of the M2Local Government, Planning and Land Act 1980;

(e)local authority” means a county, [F6county borough,] district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly [F7, in sections 43, 44 and 232 includes the Broads Authority][F8, in sections 438, 441, 442, 443 and 458 includes the Broads Authority [F9, a joint authority established by Part 4 of the Local Government Act 1985, [F10an economic prosperity board, a combined authority] [F11, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004] F12...]] [F13and the London Fire Commissioner], and in sections 45(2)(b), 50(2), 51(6), 80(1), 157(1), 171(2), F14. . ., 573(1), paragraph 2(1) of Schedule 1, grounds 7 and 12 in Schedule 2, ground 5 in Schedule 3, paragraph 7(1) of Schedule 4, paragraph 5(1)(b) of Schedule 5 and Schedule 16 includes F15. . . [F16the Broads Authority][F8, a [F17police and crime commissioner] Act 1996,]. . . F18. . . F19. . . F15. . . [F20, a joint authority established by Part 4 of the Local Government Act 1985, [F10an economic prosperity board, a combined authority [F11, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004] ,] F12... ] [F13and the London Fire Commissioner] .

[F21(f)housing action trust ” means a housing action trust established under Part III of the Housing Act 1988 ]

[F22(g)new towns residuary body ” means—

(i)in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008[F23or the Greater London Authority so far as exercising its new towns and urban development functions]; and

(ii)in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981.]

[F24(2)In this section—

  • combined authority ” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

  • economic prosperity board ” means an economic prosperity board established under section 88 of that Act;

  • F25...]

Annotations:

Amendments (Textual)

F3S. 4 renumbered (1.4.2008) as s. 4(1) by virtue of Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 41(1); S.I. 2008/917, art. 2(o)(p)

F4Words in s. 4(1)(a) substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 7 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F6Words in s. 4(1)(e) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F8Words in s. 4(1)(e) inserted (1.10.1994 for certain purposes only and 1.4.1995 otherwise) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 58(a)(c); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

F9Words in s. 4(1)(e) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 41(2)(a); S.I. 2008/917, art. 2(o)(p)

F11Words in s. 4(1)(e) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 49; S.I. 2017/399, reg. 2, Sch. para. 38

F12Words in s. 4(1)(e) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(19)(a); S.I. 2015/994, art. 6(g)

F13Words in s. 4(1)(e) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 73

F14Words in s. 4(1)(e) omitted (1.10.1994 for certain purposes only and 1.4.1995 otherwise) by virtue of 1994 c. 29, s. 43, Sch. 4 Pt. II para. 58(b); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.; and repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

F18Words in s. 4(1)(e) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, Sch. 6 Pt. 3 para. 67, Sch. 7 Pt. 5; S.I. 2002/344, art. 3(k)(m) (with transitional provisions in art. 4)

F19Word in s. 4(1)(e) repealed (3.7.2000) by 1999 c. 29, s. 423, Sch. 34 Pt. VIII (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(1)

F20Words in s. 4(1)(e) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 41(2)(b); S.I. 2008/917, art. 2(o)(p)

F23Words in s. 4(1)(g)(i) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 11; S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F25Words in s. 4(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(19)(b); S.I. 2015/994, art. 6(g)

Modifications etc. (not altering text)

C12S. 4(e) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(x)

Marginal Citations

5 Housing associations.E+W

(1)In this Act “housing association” means a society, body of trustees or company—

(a)which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of, housing accommodation, and

(b)which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Treasury, whether with or without differentiation as between share and loan capital.

(2)In this Act “fully mutual”, in relation to a housing association, means that the rules of the association—

(a)restrict membership to persons who are tenants or prospective tenants of the association, and

(b)preclude the granting or assignment of tenancies to persons other than members;

and “co-operative housing association” means a fully mutual housing association which is a [F26registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014].

(3)In this Act “self-build society” means a housing association whose object is to provide, for sale to, or occupation by, its members, dwellings built or improved principally with the use of its members’ own labour.

[F27 F28 [( 4 )]In this Act “registered social landlord” means a housing association registered in the register maintained under section 1 of the Housing Act 1996, subject as follows.

(5)References to registered social landlords include, where the context so permits, references to housing associations registered in the register maintained by Scottish Homes under section 3 of the Housing Associations Act 1985 (Scottish registered housing associations)..]

6 Housing trusts.E+W

In this Act “housing trust” means a corporation or body of persons which—

(a)is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation, or

(b)is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds for charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.

[F29 6A The CorporationE+W

(1)In this Act “the [F30Relevant Authority]” means the [F31Regulator of Social Housing], [F32the Secretary of State] or Scottish Homes, subject as follows.

(2)In relation to a housing association which is—

(a)a registered charity which has its address for the purposes of registration by the [F33Charity Commission] in Wales,

(b)a [F34registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014] which has its registered office for the purposes of that Act in Wales, or

(c)a company [F35registered under the Companies Act 2006] which has its registered office for the purposes of that Act in Wales,

“the [F30Relevant Authority]” means [F32the Secretary of State].

(3)In relation to a housing association which is a [F34 registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014] which has its registered office for the purposes of that Act in Scotland, “the [F30Relevant Authority]” means Scottish Homes.

(4)In relation to any other housing association which is a registered charity, a [F34registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014] or a company [F35registered under the Companies Act 2006], “the [F30Relevant Authority]” means the [F36Regulator of Social Housing].

[F37(4A)This section is subject to any provision made elsewhere in this Act.]

(5)In this section “registered charity” means a charity which is registered [F38in accordance with section 30 of the Charities Act 2011] F39. . . .]

Annotations:

Amendments (Textual)

F29S. 6A substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(3)

F30Words in s. 6A substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 5 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F32Words in s. 6A(1)(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 7 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F33Words in s. 6A(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), ss. 75(1), 79(2), Sch. 8 para. 77(2); S.I. 2007/309, art. 2, Sch. (subject to arts. 4-13)

F35Words in s. 6A(2)(c)(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I. 2009/1941), art. 2(1), {Sch. 1 para. 62(2)} (with art. 10)

F38Words in s. 6A(5) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 43 (with s. 20(2), Sch. 8)

F39Words in s. 6A(5) repealed (31.1.2009) by Charities Act 2006 (c. 50), ss. 75(1)(2), 79(2), Sch. 8 para. 77(3)(b), Sch. 9; S.I. 2008/3267, art. 2, Sch. (with arts. 3-17) (as amended (29.9.2009) by S.I. 2009/2648, art. 3)

Modifications etc. (not altering text)

Supplementary provisionsE+W

7 Index of defined expressions: Part I.E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—

district (of a local housing authority)section 2(1)
local housing authoritysection 1, 2(2)
tenancy and tenantsection 621

PART IIE+W PROVISION OF HOUSING ACCOMMODATION

Annotations:

Modifications etc. (not altering text)

C15Pt. II (ss. 8–57): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)

C16Pt. II (ss. 8-57) restricted (19.8.1996) by 1996 c. 49, s. 9(4)(a); S.I. 1996/2127, art. 2, Sch. Pt. I

Main powers and duties of local housing authoritiesE+W

8 Periodical review of housing needs.E+W

(1)Every local housing authority shall consider housing conditions in their district and the needs of the district with respect to the provision of further housing accommodation.

(2)For that purpose the authority shall review any information which has been brought to their notice, including in particular information brought to their notice as a result of [F40the consideration of the housing conditions in their district under [F41section 3 of the Housing Act 2004]].

[F42(3)In the case of a local housing authority in England, the duty under subsection (1) includes a duty to consider the needs of people residing in or resorting to their district with respect to the provision of—

(a)sites on which caravans can be stationed, or

(b)places on inland waterways where houseboats can be moored.

(4)In subsection (3)—

  • caravan” has the meaning given by section 29 of the Caravan Sites and Control of Development Act 1960;

  • houseboat” means a boat or similar structure designed or adapted for use as a place to live.]

Annotations:

Amendments (Textual)

F41Words in s. 8(2) substituted (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 265(1), 270(4)(5), Sch. 15 para. 11; S.I. 2006/1060, {art. (2(1)(d)} (with Sch.); S.I. 2006/1535, art. 2(b) (with art. 3, Sch.)

Modifications etc. (not altering text)

C18S. 8(1) functions made exercisable concurrently (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 2

9 Provisions of housing accommodation.E+W

(1)A local housing authority may provide housing accommodation—

(a)by erecting houses, or converting buildings into houses, on land acquired by them for the purposes of this Part, or

(b)by acquiring houses.

(2)The authority may alter, enlarge, repair or improve a house so erected, converted or acquired.

(3)These powers may equally be exercised in relation to land acquired for the purpose—

(a)of disposing of houses provided, or to be provided, on the land, or

(b)of disposing of the land to a person who intends to provide housing accommodation on it.

(4)A local housing authority may not under this Part provide a cottage with a garden of more than one acre.

[F43(5)Nothing in this Act shall be taken to require (or to have at any time required) a local housing authority itself to acquire or hold any houses or other land for the purposes of this Part.]

10 Provision of furnishings and fittings.E+W

(1)A local housing authority may fit out, furnish and supply a house provided by them under this Part with all requisite furniture, fittings and conveniences.

(2)A local housing authority may sell, or supply under a hire-purchase agreement or a conditional sale agreement, furniture to the occupants of houses so provided, and may for that purpose buy furniture.

(3)In subsection (2) “conditional sale agreement” and “hire-purchase agreement” have the same meaning as in the M3Consumer Credit Act 1974.

Annotations:

Marginal Citations

11 Provision of board and laundry facilities.E+W

(1)A local housing authority may provide in connection with the provisionof housing accommodation by them under this Part—

(a)facilities for obtaining meals and refreshments, and

(b)facilities for doing laundry and laundry services,

such as accord with the needs of the persons for whom the housing accommodation is provided.

(2)The authority may make reasonable charges for meals and refreshments provided by virtue of this section and for the use of laundry facilities or laundry services so provided.

[F44(3)Where a premises licence under Part 3 of the Licensing Act 2003 authorises the sale by retail of alcohol in connection with the provision of facilities of the kind mentioned in subsection (1)(a), then, notwithstanding the terms of that licence, it does not have effect so as to authorise the sale by retail of alcohol for consumption otherwise than with a meal.]

(4)A local housing authority in carrying on activities under this section is subject to all relevant enactments and rules of law, including enactments relating to the sale of intoxicating liquor [F45“or the sale by retail of alcohol”] , in the same manner as other persons carrying on such activities.

[F46(5)An expression used in this section and in the Licensing Act 2003 has the same meaning in this section as in that Act.]

[F4711A Provision of welfare services.E+W

(1)A local housing authority may provide in connection with the provision of housing accommodation by them (whether or not under this Part) such welfare services, that is to say, services for promoting the welfare of the persons for whom the accommodation is so provided, as accord with the needs of those persons.

(2)The authority may make reasonable charges for welfare services provided by virtue of this section.

(3)In this section “welfare services” does not include the repair, maintenance, supervision or management of houses or other property.

F48(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Amendments (Textual)

F47S. 11A inserted (retrospectively to 1.4.1990) by 1993 c. 28, s. 126

F48S. 11A(4) repealed (18.10.2000 with application in relation to England only and otherwise 9.4.2001) by 2000 c. 22, s. 107, Sch. 6; S.I. 2000/2836, art. 2(b)(iii); S.I. 2001/1471, art. 2

12 Provision of shops, recreation grounds, etc.E+W

(1)A local housing authority may, with the consent of the Secretary of State, provide and maintain in connection with housing accommodation provided by them under this Part—

(a)buildings adapted for use as shops,

(b)recreation grounds, and

(c)other buildings or land which, in the opinion of the Secretary of State, will serve a beneficial purpose in connection with the requirements of the persons for whom the housing accommodation is provided.

(2)The Secretary of State may, in giving his consent, by order apply, with any necessary modifications, any statutory provisions which would have been applicable if the land or buildings had been provided under any enactment giving a local authority powers for the purpose.

(3)The power conferred by subsection (1) may be exercised either by the local housing authority themselves or jointly with another person.

[F49(4)The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.]

13 Provision of streets, roads and open spaces and development generally.E+W

(1)A local housing authority may lay out and construct public streets or roads and open spaces on land acquired by them for the purposes of this Part.

(2)Where they dispose of land to a person who intends to provide housing accommodation on it, they may contribute towards the expenses of the development of the land and the laying out and construction of streets on it, subject to the condition that the streets are dedicated to the public.

14 Exercise of powers by authority outside district.E+W

(1)A local housing authority may, for supplying the needs of their district, exercise outside their district the powers conferred by sections 9 to 13 (provision of housing accommodation and related powers).

(2)A district council shall before doing so give notice of their intention—

(a)to the council of the county in which their district is situated, and

(b)if they propose to exercise the power outside that county [F50but in England], to the council of the county in which they propose to exercise the power;

but failure to give notice does not invalidate the exercise of the power.

[F51(2A)Where a Welsh county council or county borough council propose to exercise the power in England they shall before doing so give notice of their intention to the council of the county in which they propose to exercise the power, but failure to give notice does not invalidate the exercise of the power.]

(3)Where housing operations under this Part are being carried out by a local housing authority outside their own district, the authority’s power to execute works necessary for the purposes of, or incidental to the carrying out of, the operations, is subject to entering into an agreement with the council of the county, [F52county borough,] London borough or district in which the operations are being carried out, as to the terms and conditions on which the works are to be executed.

(4)Where housing operations under this Part have been carried out by a local housing authority outside their own district, and for the purposes of the operations public streets or roads have been constructed and completed by the authority, the liability to maintain the streets or roads vests in the council which is the local highway authority for the area in which the operations were carried out unless that council are satisfied that the streets or roads have not been properly constructed.

(5)Where a local housing authority carry out housing operations outside their own district, any difference arising between that authority and any authority in whose area the operations are carried out may be referred by either authority to the Secretary of State whose decision shall be final and binding on them.

Annotations:

Amendments (Textual)

F50Words in s. 14(2)(b) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F51S. 14(2A) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F52Words in s. 14(3) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

Powers of authorities in LondonE+W

15 Additional powers of authorities in London.E+W

(1)A London borough council may provide and maintain in connection with housing accommodation provided by them under this Part buildings or parts of buildings adapted for use for any commercial purpose.

(2)A local housing authority in Greater London may make arrangements for the rehousing of any person by another such authority; and the arrangements may include provision for the payment of contributions by the former authority to the latter.

(3)The council of an Inner London borough and the Common Council of the City of London may, for the purpose of facilitating the erection of houses in their district, suspend, alter or relax the provisions of any enactment or byelaw relating to the formation or laying out of new streets or the construction of sewers or of buildings intended for human habitation.

(4)The powers conferred by subsections (1) and (3) are exercisable only with the consent of the Secretary of State.

F5316. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F53S. 16 repealed (1.10.1996) by 1996 c. 52, ss. 222, 227, Sch. 18 Pt. IV para. 20, Sch. 19 Pt. XII; S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

Acquisition of land, etc.E+W

17 Acquisition of land for housing purposes.E+W

(1)A local housing authority may for the purposes of this Part—

(a)acquire land as a site for the erection of houses,

(b)acquire houses, or buildings which may be made suitable as houses, together with any land occupied with the houses or buildings,

(c)acquire land proposed to be used for any purpose authorised by sections 11, 12 and 15(1) (facilities provided in connection with housing accommodation), and

(d)acquire land in order to carry out on it works for the purpose of, or connected with, the alteration, enlarging, repair or improvement of an adjoining house.

(2)The power conferred by subsection (1) includes power to acquire land for the purpose of disposing of houses provided, or to be provided, on the land or of disposing of the land to a person who intends to provide housing accommodation on it [F54or facilities which serve a beneficial purpose in connection with the requirements of persons for whom housing accommodation is provided].

(3)Land may be acquired by a local housing authority for the purposes of this Part by agreement, or they may be authorised by the Secretary of State to acquire it compulsorily.

(4)A local housing authority may, with the consent of, and subject to any conditions imposed by, the Secretary of State, acquire land for the purposes of this Part notwithstanding that the land is not immediately required for those purposes; but an authority shall not be so authorised to acquire land compulsorily unless it appears to the Secretary of State that the land is likely to be required for those purposes within ten years from the date on which he confirms the compulsory purchase order.

Annotations:

Amendments (Textual)

F54Words in s. 17(2) inserted (24.9.1996) by 1996 c. 52, ss. 222, 232(2), Sch. 18 Pt. IV para. 24(1)

Modifications etc. (not altering text)

C23S. 17 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 19(1)(m)

18 Duties with respect to buildings acquired for housing purposes.E+W

(1)Where a local housing authority acquire a building which may be made suitable as a house, they shall forthwith proceed to secure that the building is so made suitable either by themselves executing any necessary works or by leasing it or selling it to some person subject to conditions for securing that he will so make it suitable.

(2)Where a local housing authority—

(a)acquire a house, or

(b)acquire a building which may be made suitable as a house and themselves carry out any necessary work as mentioned in subsection (1),

they shall, as soon as practicable after the acquisition or, as the case may be, after the completion of the necessary works, secure that the house or building is used as housing accommodation.

Annotations:

Modifications etc. (not altering text)

C26S. 18 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 19(1)(n)

19 Appropriation of land.E+W

(1)A local housing authority may appropriate for the purposes of this Part any land for the time being vested in them or at their disposal; and the authority have the same powers in relation to land so appropriated as they have in relation to land acquired by them for the purposes of this Part.

(2)Where a local housing authority have acquired or appropriated land for the purposes of this Part, they shall not, without the consent of the Secretary of State, appropriate any part of the land consisting of a house or part of a house for any other purpose.

(3)The Secretary of State’s consent may be given—

(a)either generally to all local housing authorities or to a particular authority or description of authority, and

(b)either in relation to particular land or in relation to land of a particular description;

and it may be given subject to conditions.

[F55(4)The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.]

Housing managementE+W

20 Application of housing management provisions.E+W

(1)The following provisions of this Part [F56down to [F57section 27BA]] (general provisions on housing management matters) apply in relation to all houses held by a local housing authority for housing purposes.

(2)References in those provisions to an authority’s houses shall be construed accordingly.

Annotations:

Amendments (Textual)

F57Words in s. 20(1) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. I para. 3(3); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

21 General powers of management.E+W

(1)The general management, regulation and control of a local housing authority’s houses is vested in and shall be exercised by the authority and the houses shall at all times be open to inspection by the authority.

(2)Subsection (1) has effect subject to section 27 [F58(management agreements)] [F59and to any requirement imposed on the authority under Part 2 of the Housing and Regeneration Act 2008].

F6022. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F60S. 22 repealed (1.4.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VII; S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

23 Byelaws.E+W

(1)A local housing authority may make byelaws for the management, use and regulation of their houses.

(2)A local housing authority may make byelaws with respect to the use of land held by them by virtue of section 12 (recreation grounds and other land provided in connection with housing), excluding land covered by buildings or included in the curtilage of a building or forming part of a highway.

(3)A local housing authority shall as respects their lodging-houses by byelaws make sufficient provision for the following purposes—

(a)for securing that the lodging-houses are under the management and control of persons appointed or employed by them for the purpose,

(b)for securing the due separation at night of men and boys above eight years old from women and girls,

(c)for preventing damage, disturbance, interruption and indecent and offensive language and behaviour and nuisances, and

(d)for determining the duties of the persons appointed by them;

and a printed copy or a sufficient abstract of the byelaws relating to lodging-houses shall be put up and at all times kept in every room in the lodging-houses.

[F61(4)Byelaws made under this section by a local housing authority in England are to be read subject to any requirement imposed on the authority under Part 2 of the Housing and Regeneration Act 2008.]

24 Rents.E+W

(1)A local housing authority may make such reasonable charges as they may determine for the tenancy or occupation of their houses.

(2)The authority shall from time to time review rents and make such changes, either of rents generally or of particular rents, as circumstances may require.

F62(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F63(5)In exercising their functions under this section, a local housing authority in England shall have regard in particular to any relevant standards set for them under section 193 of the Housing and Regeneration Act 2008.]

[F64(5A)See also Chapter 3 of Part 4 of the Housing and Planning Act 2016 (rents for high income social tenants in England).]

[F65(6)In exercising its functions under this section, a local housing authority in Wales must—

(a)comply with any standards relating to rent or service charges which are set for it under section 111 of the Housing (Wales) Act 2014, and

(b)have regard to any guidance relating to rent or service charges which is issued under section 112 of that Act.]

25 Increase of rent where tenancy not secure.E+W

(1)This section applies where a house is let by a local housing authority on a weekly or other periodic tenancy which is not a secure tenancy [F66or an introductory tenancy].

(2)The rent payable under the tenancy may, without the tenancy being terminated, be increased with effect from the beginning of a rental period by a written notice of increase given by the authority to the tenant.

(3)The notice is not effective unless—

(a)it is given at least four weeks before the beginning of the rental period, or any earlier day on which the payment of rent in respect of that period falls to be made,

(b)it tells the tenant of his right to terminate the tenancy and of the steps to be taken by him if he wishes to do so, and

(c)it gives him the dates by which, if in accordance with subsection (4) the increase is not to be effective, a notice to quit must be received by the authority and the tenancy be made to terminate.

(4)Where the notice is given for the beginning of a rental period and the tenancy continues into that period, the notice shall not have effect if—

(a)the tenancy is terminated by notice to quit given by the tenant in accordance with the provisions (express or implied) of the tenancy,

(b)the notice to quit is given before the end of the period of two weeks following the date on which the notice of increase is given, or such longer period as may be allowed by the notice of increase, and

(c)the date on which the tenancy is made to terminate is not later than the earliest day on which the tenancy could be terminated by a notice to quit given by the tenant on the last day of that period.

(5)In this section “rental period” means a period in respect of which a payment of rent falls to be made.

Annotations:

Amendments (Textual)

F66Words in s. 25(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(b)

26 Financial assistance towards tenants’ removal expenses.E+W

(1)Where a tenant of one of the houses of a local authority moves to another house (whether or not that house is also one of theirs), the authority may—

(a)pay any expenses of the removal, and

(b)where the tenant is purchasing the house, pay any expenses incurred by him in connection with the purchase, other than the purchase price.

(2)If the house belongs to the same authority subsection (1)(b) only applies if the house has never been let and was built expressly with a view to sale or for letting.

(3)The Secretary of State may give directions to authorities in general or to any particular authority—

(a)as to the expenses which may be treated (whether generally or in any particular case) as incurred in connection with the purchase of a house, and

(b)limiting the amount which they may pay in respect of such expenses.

(4)An authority may make their payment of expenses subject to conditions.

[F67 Management agreementsE+W

Annotations:

Amendments (Textual)

F67Ss. 27, 27A, 27B and heading substituted for s. 27 and heading by Housing and Planning Act 1986 (c. 63, SIF 61), s. 10

[F6827 Management agreements.E+W

(1)A local housing authority may agree that another person shall exercise in relation to—

(a)such of the authority’s houses as are specified in the agreement, and

(b)any other land so specified which is held for a related purpose,

such of the authority’s management functions as are so specified.

(2)In this Act—

(a)management agreement ” means an agreement under subsection (1) or a sub-agreement, and

(b)manager ”, in relation to a management agreement, means a person by whom management functions are exercisable under the agreement.

(3)A management agreement shall set out the terms on which the authority’s functions are exercisable by a manager.

(4)An agreement under subsection (1) shall contain such provisions as may be prescribed by regulations made by the [F69appropriate Minister].

(5)A management agreement may—

(a)include provision authorising a manager, with the consent of the authority, to agree that another person shall exercise any management function exercisable by the manager under the agreement;

(b)where a body or association is a manager, provide that the management functions of the body or association under the agreement may be performed by a committee, sub-committee, officer or employee of the body or association.

(6)Subject to subsection (7), the approval of the [F70appropriate authority] shall be required to—

(a)the making of any management agreement;

(b)the variation of a provision of a management agreement, if the provision is specified, or is of a description specified, by the [F70 appropriate authority] in giving approval to the making of a management agreement.

(7)The [F71appropriate authority] may, in giving approval to the making of an agreement under subsection (1)—

(a)specify a moratorium period and the circumstances in which it is to apply;

(b)specify circumstances in which [F72the appropriate authority’s approval]is not required to the making of a sub-agreement under the agreement.

(8)If a moratorium period applies in relation to a management agreement—

(a)during the moratorium period the approval of the [F73appropriate authority] is not required to the making of a sub-agreement under the agreement;

(b)any sub-agreement made under the agreement during the moratorium period without the approval of the [F73appropriate authority] is not valid unless it is approved by the [F73appropriate authority] immediately after the end of the moratorium period.

(9)A moratorium period specified under subsection (7) must not exceed 6 months.

(10)Where a sub-agreement has been made during a moratorium period without [F74the approval of the appropriate authority, the appropriate authority may extend the moratorium period if it is satisfied that it will not give its approval] to that sub-agreement immediately after the end of that period; and this subsection may apply more than once.

(11)The approval of the [F75appropriate authority] to the making of an agreement under subsection (1) or to the variation of such an agreement may be given generally or to a particular local housing authority or description of local housing authority.

(12)The approval of the [F76appropriate authority] under this section may be given—

(a)in relation to a particular case or description of case;

(b)unconditionally or subject to conditions.

( 13 )Subject to subsection (15)—

(a)anything done, or not done, by a manager in connection with the exercise (or purported exercise) of a relevant function shall be treated as done, or not done, by the authority;

(b)anything done, or not done, in relation to a manager in connection with the exercise (or purported exercise) of a relevant function shall be treated as done, or not done, in relation to the authority.

(14) In subsection (13) “ relevant function ” means a management function of the authority exercisable by the manager under a management agreement.

( 15 )Subsection (13) shall not apply—

(a)to the extent that a management agreement provides otherwise as between the parties to it; or

(b)for the purposes of any criminal proceedings brought in respect of anything done or not done by the manager.

(16)References in subsection (1) to the management functions of a local housing authority in relation to houses or land—

(a)do not include such functions as may be prescribed by regulations made by the [F77appropriate Minister], but

(b)subject to that, include functions conferred by any statutory provision and the powers and duties of the authority as holder of an estate or interest in the houses or land in question.

(17)Regulations under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas,

(b)may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and

[F78(c)shall be made by statutory instrument which shall be subject to annulment in pursuance of—

(i)in the case of regulations made by the Secretary of State, a resolution of either House of Parliament;

(ii)in the case of regulations made by the Welsh Ministers, a resolution of the National Assembly for Wales.]

[F79(18)In this section—

  • “sub-agreement” means an agreement made by a manager and another person pursuant to a provision included in an agreement by virtue of subsection (5)(a);

  • “the appropriate authority” means—

    (a)

    in relation to a local housing authority in England which is a registered provider of social housing, the Regulator of Social Housing;

    (b)

    in relation to any other local housing authority in England, the Secretary of State;

    (c)

    in relation to a local housing authority in Wales, the Welsh Ministers;

  • “the appropriate Minister” means—

    (a)

    in relation to a local housing authority in England, the Secretary of State;

    (b)

    in relation to a local housing authority in Wales, the Welsh Ministers.]]

Annotations:

Amendments (Textual)

F68S. 27 substituted (28.3.2003) by S.I. 2003/940, art. 2

Modifications etc. (not altering text)

F8027A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F80Ss. 27A, 27AA repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. X; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F8127AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F81Ss. 27A, 27AA repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. X; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

[F8227AB Management agreements with tenant management organisations.E+W

(1)The Secretary of State may make regulations for imposing requirements on a local housing authority in any case where a tenant management organisation serves written notice on the authority proposing that the authority should enter into a management agreement with that organisation.

(2)The regulations may make provision requiring the authority—

(a)to provide or finance the provision of such office accommodation and facilities, and such training, as the organisation reasonably requires for the purpose of pursuing the proposal;

(b)to arrange for such feasibility studies with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined;

[F83(ba)to provide to the organisation such information or descriptions of information, in connection with the proposal, as may be prescribed in the regulations;

(bb)to take, in circumstances prescribed in the regulations, such other steps as may be so prescribed to co-operate with the organisation in connection with the proposal;]

(c)to arrange for such ballots or polls with respect to the proposal as may be determined by or under the regulations to be conducted of such persons as may be so determined; and

(d)in such circumstances as may be prescribed by the regulations (which shall include the organisation becoming registered if it has not already done so), to enter into a management agreement with the organisation.

(3)The regulations may make provision with respect to any management agreement which is to be entered into in pursuance of the regulations—

(a)for determining the houses and land to which the agreement should relate, and the amounts which should be paid under the agreement to the organisation;

(b)requiring the agreement to be in such form as may be approved by the Secretary of State and to contain such provisions as may be prescribed by the regulations;

(c)requiring the agreement to take effect immediately after the expiry or other determination of any previous agreement; and

(d)where any previous agreement contains provisions for its determination by the authority, requiring the authority to determine it as soon as may be after the agreement is entered into.

(4)The regulations may also make such procedural, incidental, supplementary and transitional provisions as may appear to the Secretary of State necessary or expedient, and may in particular make provision—

(a)for particular questions arising under the regulations to be determined by the authority [F84or the person making the regulations];

(b)for other questions so arising to be determined by an arbitrator agreed to by the parties or, in default of agreement, appointed by the Secretary of State;

[F85(ba)setting time-limits for the carrying out of requirements under the regulations;]

(c)requiring any person exercising functions under the regulations to act in accordance with any guidance [F86or directions] given by the Secretary of State; and

(d)for enabling the authority, if invited to do so by the organisation concerned, to nominate one or more persons to be directors or other officers of any tenant management organisation with whom the authority have entered into, or propose to enter into, a management agreement.

(5)Nothing in subsections (2) to (4) above shall be taken as prejudicing the generality of subsection (1).

(6)Regulations under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)Except as otherwise provided by regulations under this section—

(a)a local housing authority shall not enter into a management agreement with a tenant management organisation otherwise than in pursuance of the regulations; and

(b)the provisions of the regulations shall apply in relation to the entering into of such an agreement with such an organisation in place of—

(i)the provisions of [F87regulations under section 27BA (consultation with respect to management)]

(ii) in the case of secure tenants, the provisions of section 105 (consultation on matters of housing management), F88 . . .

(iii)F89 . . . [F90 and

(iv)in the case of introductory tenants, the provisions of section 137 of the Housing Act 1996 (consultation on matters of housing management).]

(8)In this section—

  • arbitrator ” means a member of a panel approved for the purposes of the regulations by the Secretary of State;

  • F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • previous agreement ”, in relation to an agreement entered into in pursuance of the regulations, means a management agreement [F92 , or a section 247 or 249 arrangement, ] previously entered into in relation to the same houses and land;

  • registered ” means registered under [F93the Co-operative and Community Benefit Societies Act 2014] or [F94 the Companies Act 2006 ] ;

  • [F95“section 247 or 249 arrangement” has the meaning given by section 250A(6) of the Housing and Regeneration Act 2008;]

  • tenant management organisation ” means a body which satisfies such conditions as may be determined by or under the regulations. ]

Annotations:

Amendments (Textual)

F82S. 27AB inserted (10.11.1993 so far as confers power on Secretary of State to make regulations and 1.4.1994 otherwise) by 1993 c. 28, s. 132(1); S.I. 1993/2762, art. 3; S.I. 1994/935, art. 3 (with transitional provisions in art. 3)

F83S. 27AB(2)(ba)(bb) inserted (1.12.2008 for E. and otherwise prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 295(2), 325; S.I. 2008/3068, art. 4(1)(a) (with arts. 6-13)

F84Words in s. 27AB(4)(a) inserted (1.12.2008 for E. and otherwise prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 295(3)(a), 325; S.I. 2008/3068, arts. 1(2), 4(1)(a) (with arts. 6-13)

F85S. 27AB(4)(ba) inserted (1.12.2008 for E. and otherwise prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 295(3)(b), 325; S.I. 2008/3068, arts. 1(2), 4(1)(a) (with arts. 6-13)

F86Words s. 27AB(4)(c) inserted (1.12.2008 for E. and otherwise prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 295(3)(c), 325; S.I. 2008/3068, arts. 1(2), 4(1)(a) (with arts. 6-13)

F87Words in s. 27AB(7)(b)(i) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. I para. 3(5); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F88Word in s. 27AB(7)(b)(ii) omitted (12.2.1997) by virtue of S.I. 1997/74, art. 2, Sch. para. 3(c)

F89Words in s. 27AB(7)(b)(iii) repealed (18.11.2003 for E. and 27.11.2003 for W.) by Local Government Act 2003 (c. 26), ss. 127(2), 128(5)(6), Sch. 8 Pt. I; S.I. 2003/2938, art. 3(i)(i) (subject to art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F90S. 27AB(7)(b)(iv) and word preceding it inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(c)

F91S. 27AB(8): definition of “associated” repealed (18.11.2003 for E. and 27.11.2003 for W.) by Local Government Act 2003 (c. 26), ss. 127(2), 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 3 (subject to art. 8, Sch.); S.I. 2003/3034, art. 2(1), Sch. 1 Pt. 1

F92Words in definition of “previous agreement” in s. 27AB(8) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 11(a)

F93S. 27AB(8): words in definition of “registered” substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 35 (with Sch. 5)

F94S. 27AB(8): words in definition of “registered” substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I. 2009/1941), art. 2(1), {Sch. 1 para. 62(3)} (with art. 10)

F95Definition “section 247 or 249 arrangement” in s. 27AB(8) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 11(b)

27B Agreements with housing co-operatives under superseded provisions.E+W

(1)In this section “housing co-operative” means a society, company or body of trustees with which a housing co-operative agreement was made, that is to say—

(a)an agreement to which paragraph 9 of Schedule 1 to the Housing Rents and Subsidies Act 1975 or Schedule 20 to the Housing Act 1980 applied or,

(b)an agreement made under section 27 above before the commencement of section 10 of the Housing and Planning Act 1986 (which substituted the present section 27).

(2)A housing co-operative agreement made with a local housing authority which is in force immediately before the commencement of section 10 of the Housing and Planning Act 1986 has effect as if made under the present section 27, so that, in particular, any terms of the agreement providing for the letting of land to the housing co-operative no longer have effect except in relation to lettings made before commencement.

(3)A housing co-operative agreement made with a new town corporation F96. . . which is in force immediately before the commencement of section 10 of the Housing and Planning Act 1986 remains in force notwithstanding that the present section 27 does not apply to such authorities.

(4)In this Act (except in section 27) the expressions “management agreement” and “manager”, in relation to such an agreement, include a housing co-operative agreement to which subsection (2) or (3) applies and the housing co-operative with whom the agreement is made.]

Annotations:

Amendments (Textual)

[F97Consultation with respect to housing management]E+W

Annotations:

Amendments (Textual)

F97S. 27BA and cross-heading inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. I para. 3(2); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

[F9827BA Consultation with respect to management.E+W

(1)The Secretary of State may make regulations for imposing requirements on a local housing authority to consult tenants, or to consider representations made to them by tenants, with respect to the exercise of their management functions (including proposals as to the exercise of those functions), in relation to any of the authority’s houses or other land held for a related purpose.

(2)The regulations may include provision requiring a local housing authority to consult tenants, or consider representations made by tenants, with respect to—

(a)the terms of a written specification to be prepared by the authority of functions proposed to be exercised by the authority or another person;

(b)a proposal of the authority to exercise management functions themselves;

(c)any person whom the authority propose to invite to submit a bid to exercise any of their management functions;

(d)the standards of service for the time being achieved by the authority or (as the case may be) the person with whom they have entered into a management agreement;

(e)a proposal to enforce the standards of service required by a management agreement.

(3)The requirements imposed on a local housing authority by the regulations may include provision with respect to—

(a)the tenants to be consulted or whose representations are to be considered;

(b)the means by which consultation is to be effected (including the arrangements to be made for tenants to consider the matters on which they have been consulted);

(c)the arrangements to be made for tenants to make representations to the authority;

(d)the action to be taken by the authority where representations are made.

(4)The regulations may include provision requiring a local housing authority to consult representatives of tenants, or to consider representations made to them by such representatives, as well as (or instead of) the tenants themselves; and accordingly, references in subsections (1) to (3) above to tenants include references to such representatives.

(5)The regulations may include provision for particular questions arising under them to be determined by a local housing authority on whom they impose requirements.

(6)Nothing in subsections (2) to (5) above shall be taken as prejudicing the generality of subsection (1).

(7)Regulations under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas,

(b)may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and

(c)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)Except as otherwise provided by the regulations, in the case of secure tenants, the provisions of the regulations shall apply in place of the provisions of section 105 (consultation on matters of housing management).

(9)Except as otherwise provided by the regulations, in the case of introductory tenants, the provisions of the regulations shall apply in place of the provisions of section 137 of the Housing Act 1996 (consultation on matters of housing management).

(10)References in this section to the management functions of a local housing authority in relation to houses or land shall be construed in the same way as references to any such functions in section 27.]

Annotations:

Amendments (Textual)

F98S. 27BA and cross-heading inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. I para. 3(2); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

[F99 Proposals for co-operative management or ownershipE+W

Annotations:

Amendments (Textual)

F10027C]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F100S. 27C repealed (1.4.1994) by 1993 c. 28, ss. 132(2), 187(2), Sch. 22; S.I. 1994/935, art. 3 (with transitional provisions in art. 3)

Powers of county councilsE+W

28 Reserve powers to provide housing accommodation.E+W

(1)County councils [F101in England] have the following reserve powers in relation to the provision of housing accommodation.

(2)They may undertake any activity for the purposes of, or incidental to, establishing the needs of the whole or a part of the county with respect to the provision of housing accommodation.

(3)If requested to do so by one or more local housing authorities for districts within the county, they may, with the consent of the Secretary of State, undertake on behalf of the authority or authorities the provision of housing accommodation in any manner in which they might do so.

(4)With the approval of the Secretary of State given on an application made by them, they may undertake the provision of housing accommodation in any manner in which a local housing authority for a district within the county might do so.

(5)The Secretary of State shall not give his consent under subsection (3) or his approval under subsection (4) except after consultation with the local housing authorities who appear to him to be concerned; and his consent or approval may be made subject to such conditions and restrictions as he may from time to time specify and, in particular, may include conditions with respect to—

(a)the transfer of the ownership and management of housing accommodation provided by the county council to the local housing authority, and

(b)the recovery by the county council from local housing authorities of expenditure incurred by the county council in providing accommodation.

(6)Before a county council by virtue of subsection (3) or (4) exercise outside the county any power under this Part they shall give notice to the council of the county in which they propose to exercise the power; but failure to give notice does not invalidate the exercise of the power.

Annotations:

Amendments (Textual)

F101Words in s. 28(1) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(6) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

29 Provision of accommodation for employees of county councils.E+W

(1)A county council may provide houses for persons employed or paid by, or by a statutory committee of, the council.

(2)For that purpose the council may acquire or appropriate land in the same way as a local housing authority may acquire or appropriate land for the purposes of this Part; and land so acquired or appropriated may be disposed of by them in the same way as land held for the purposes of this Part.

Miscellaneous powers of other authorities and bodiesE+W

30 Application of provisions to [F102development] corporations, etc.E+W

(1)The following provisions apply in relation to a [F103development] corporation as they apply in relation to a local housing authority—

  • section 25 (increase of rent where tenancy not secure), and

  • section 26 (financial assistance towards tenants’ removal expenses).

[F104(1A)Section 25 also applies in relation to the new towns residuary body as it applies in relation to a local housing authority.]

F105(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31 Power of bodies corporate to sell or let land for housing purposes.E+W

A body corporate holding land may sell, exchange or lease the land for the purpose of providing housing of any description at such price, or for such consideration, or for such rent, as having regard to all the circumstances of the case is the best that can reasonably be obtained, notwithstanding that a higher price, consideration or rent might have been obtained if the land were sold, exchanged or leased for the purpose of providing housing of another description or for a purpose other than the provision of housing.

Disposal of land held for housing purposesE+W

32 Power to dispose of land held for purposes of this Part.E+W

(1)Without prejudice to the provisions of Part V (the right to buy) F106. . ., a local authority have power by this section, and not otherwise, to dispose of land held by them for the purposes of this Part.

(2)A disposal under this section may be effected in any manner but, subject to subsection (3), shall not be made without the consent of the Secretary of State.

(3)No consent is required for the letting of land under a secure tenancy [F107or an introductory tenancy]or under what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 (tenancies, other than long leases [F107and introductory tenancies], which are not secure).

(4)For the purposes of this section the grant of an option to purchase the freehold of, or any other interest in, land is a disposal and a consent given to such a disposal extends to a disposal made in pursuance of the option.

(5)Sections 128 to 132 of the M4Lands Clauses Consolidation Act 1845 (which require surplus land first to be offered to the original owner and to adjoining land-owners) do not apply to the sale by a local authority of land held by them for the purposes of this Part.

[F108(6)The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.]

Annotations:

Amendments (Textual)

F106Words in s. 32(1) repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. IX; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F107Words in s. 33(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(d)

Modifications etc. (not altering text)

C29S. 32 extended (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 1(2)(a) (with ss. 56(6), 94(2), 95); S.I. 1993/2134, arts. 2, 5(a).

Marginal Citations

33 Covenants and conditions which may be imposed.E+W

(1)On a disposal under section 32 the local authority may impose such covenants and conditions as they think fit.

(2)But [F109, subject to sections 36A and 37,] a condition of any of the following kinds may be imposed only with the consent of the Secretary of State—

(a)a condition limiting the price or premium which may be obtained on a further disposal of a house;

(b)in the case of a sale, a condition reserving a right of pre-emption;

(c)in the case of a lease, a condition precluding the lessee from assigning the lease or granting a sub-lease.

(3)In subsection (2)(b) a condition reserving a right of pre-emption means a condition precluding the purchaser from selling or leasing the land unless—

(a)he first notifies the authority of the proposed sale or lease and offers to sell or lease the land to them, and

(b)the authority refuse the offer or fail to accept it within one month after it is made.

(4)References in this section to the purchaser or lessee include references to his successors in title and any person deriving title under him or his successors in title.

[F110(5)The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.]

34 Consents under ss. 32 and 33.E+W

(1)This section applies in relation to the giving of the [F111appropriate national body's] consent under section 32 or 33.

(2)Consent may be given—

(a)either generally to all local authorities or to a particular authority or description of authority;

(b)either in relation to particular land or in relation to land of a particular description.

(3)Consent may be given subject to conditions.

(4)Consent may, in particular, be given subject to conditions as to the price, premium or rent to be obtained on the disposal including conditions as to the amount by which on the disposal of a house by way of sale or by the grant or assignment of a lease at a premium, the price or premium is to be, or may be, discounted by the local authority.

[F112(4A)The matters to which the [F113appropriate national body] may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include—

(a)the extent (if any) to which the person to whom the proposed disposals is to be made (in this subsection referred to as “the intending purchaser” is, or is likely to be, dependent upon, controlled by or subject to influence from the local autho-rity making the disposal or any members or officers of that authority;

(b)the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accommodation let on tenancies or subject to licences;

(c)the terms of the proposed disposal;

[F114(ca)in the case of a proposed large scale disposal, the appropriate national body's estimate of the exchequer costs of the large scale disposal;] and

[F115(cb)any reduction in the amount that the local authority may be required to pay under section 69 of the Housing and Planning Act 2016 (payments to Secretary of State in respect of vacant higher value housing in England) as a result of the disposal;]

(d)any other matters whatsoever which [F116the appropriate national body] considers relevant.

[F117(4AA)The estimate mentioned in subsection (4A)(ca) is to be based on such assumptions (including as to the period during which housing subsidies may be payable) as the appropriate national body may determine, regardless of whether those assumptions are, or are likely to be, borne out by events.

(4AB)In this section—

  • “appropriate national body”—

    (a)

    in relation to England, means the Secretary of State; and

    (b)

    in relation to Wales, means the Welsh Ministers;

  • dwelling-house ” has the same meaning as in Part 5 of this Act except that it does not include a hostel or any part of a hostel;

  • the exchequer costs ”, in relation to a large scale disposal, means any increase which is or may be attributable to the disposal in the aggregate of any housing subsidies;

  • housing subsidies ” means any subsidies payable under—

    (a)

    section 140A of the Social Security Administration Act 1992 (subsidy); or

    (b)

    section 79 of the Local Government and Housing Act 1989 (Housing Revenue Account subsidy);

  • large scale disposal ” means a disposal of one or more dwelling-houses by a local authority to a person where—

    (a)

    the number of dwelling-houses included in the disposal; and

    (b)

    the number of dwelling-houses which, in the relevant period, have previously been disposed of by the authority to that person, or that person and any of the person's associates taken together,

    exceeds 499 or, if the appropriate national body by order so provides, such other number as may be specified in the order;

  • long lease ” means a lease for a term of years certain exceeding 21 years other than a lease which is terminable before the end of that term by notice given by or to the landlord;

  • the relevant period ”, in relation to a large scale disposal means—

    (a)

    the period of 5 years ending with the date of the disposal; or

    (b)

    if the appropriate national body by order so provides, such other period ending with that date as may be specified in the order;

  • subsidiary ” has the same meaning as in section 61 of the Housing Act 1996 but as if references in subsection (2) of that section and section 60 of that Act to registered social landlords and landlords were references to housing associations (within the meaning of the Housing Associations Act 1985).

(4AC)For the purposes of this section—

(a)a disposal of any dwelling-house is to be disregarded if at the time of the disposal the local authority's interest in the dwelling-house is or was subject to a long lease;

(b)two persons are associates of each other if—

(i)one of them is a subsidiary of the other;

(ii)they are both subsidiaries of some other person; or

(iii)there exists between them such relationship or other connection as may be specified in a determination made by the appropriate national body; and

(c)a description of an authority may be framed by reference to any circumstances whatever.

(4AD)An order made by the appropriate national body under this section—

(a)is to be made by statutory instrument which—

(i)in the case of an order made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament; and

(ii)in the case of an order made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales;

(b)may make different provision for different cases or descriptions of case, or for different authorities or descriptions of authority; and

(c)may contain such transitional and supplementary provisions as appear to the appropriate national body to be necessary or expedient.

(4AE)A determination under this section—

(a)may make different provision for different cases or descriptions of case, or for different authorities or descriptions of authority; and

(b)may be varied or revoked by a subsequent determination.]

F118(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Amendments (Textual)

F112S. 34(4A)(4B) inserted (retrospectively 9.6.1988) by Housing Act 1988 (c. 50, SIF 61), s. 132(1)(2)(8)

Modifications etc. (not altering text)

C32S. 34(2)(b)(3) extended by Housing Act 1988 (c. 50, SIF 61), s. 133(3)(a)

[F11934ARequirements to co-operate in relation to certain disposalsE+W

(1)The appropriate person may make regulations for imposing requirements on a local housing authority in any case where a tenant group serves written notice on the authority proposing that the authority should dispose of particular land held by them for the purposes of this Part, or a particular description of such land, to a relevant housing provider.

(2)The regulations may make provision requiring the authority—

(a)to provide, or finance the provision of, such office accommodation and facilities, and such training, as the tenant group reasonably requires for the purpose of pursuing the proposal;

(b)to arrange for such feasibility studies with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined;

(c)to provide to the tenant group such information or descriptions of information, in connection with the proposal, as may be prescribed in the regulations;

(d)to take, in circumstances prescribed in the regulations, such other steps as may be so prescribed to co-operate with the tenant group in connection with the proposal;

(e)to arrange for such ballots or polls with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined; and

(f)in such circumstances as may be prescribed by the regulations, to enter into an agreement for the disposal.

(3)The regulations may make provision—

(a)for determining the houses and other land to which the disposal should relate, and the amounts which should be paid in respect of the disposal;

(b)requiring the agreement for the disposal to be in such form as may be approved by the appropriate person and to contain such provisions as may be prescribed by the regulations.

(4)The regulations may make such procedural, incidental, supplementary and transitional provisions as may appear to the appropriate person necessary or expedient, and may in particular make provision—

(a)for particular questions arising under the regulations to be determined by the authority or the appropriate person;

(b)setting time-limits for the carrying out of requirements under the regulations;

(c)requiring any person exercising functions under the regulations to act in accordance with any guidance or directions given by the appropriate person.

(5)Nothing in subsections (2) to (4) is to be taken as prejudicing the generality of subsection (1).

(6)Any regulations which provide for the appropriate person to approve a proposal for a local housing authority to dispose of land must ensure that the authority has the opportunity to make representations to the appropriate person before the appropriate person decides whether or not to approve the proposal.

(7)This section does not affect any requirement under section 32 or 33 for the consent of the Secretary of State or the Welsh Ministers.

(8)Regulations under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas; and

(b)are to be made by statutory instrument which—

(i)in the case of an instrument made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament; and

(ii)in the case of an instrument made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(9)In this section—

  • appropriate person ” means—

    (a)

    in relation to England, the Secretary of State; and

    (b)

    in relation to Wales, the Welsh Ministers;

  • relevant housing provider ” means—

    (a)

    in relation to England, a [F120private registered provider] of social housing; and

    (b)

    in relation to Wales, a registered social landlord; and

  • tenant group ” means a body or other person which satisfies such conditions as may be determined by or under the regulations. ]

35 Repayment of discount on early disposal.E+W

(1)This section applies where, on a disposal of a house under section 32, a discount is given to the purchaser by the local authority in accordance with a consent given by the Secretary of State under subsection (2) of that section; but this section does not apply in any such case if the consent so provides.

(2)On the disposal the conveyance, grant or assignment shall contain a covenant binding on the purchaser and his successors in title [F121to the following effect.]

[F122(3)The covenant shall be to pay to the authority such sum (if any) as the authority may demand in accordance with subsection (4) on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the conveyance, grant or assignment.

(4)The authority may demand such sum as they consider appropriate, up to and including the maximum amount specified in this section.

(5)The maximum amount which may be demanded by the authority is a percentage of the price or premium paid for the first relevant disposal which is equal to the percentage discount given to the purchaser in respect of the disposal of the house under section 32.

(6)But for each complete year which has elapsed after the conveyance, grant or assignment and before the first relevant disposal the maximum amount which may be demanded by the landlord is reduced by one-fifth.

(7)Subsections (4) to (6) are subject to section 35A.]

Annotations:

Amendments (Textual)

F121Words in s. 35(2) substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 195(2)(4), 270(3)(a)

Modifications etc. (not altering text)

[F12335AIncrease in value of house attributable to home improvementsE+W

(1)In calculating the maximum amount which may be demanded by the authority under section 35, such amount (if any) of the price or premium paid for the first relevant disposal which is attributable to improvements made to the house—

(a)by the person by whom the disposal is, or is to be, made, and

(b)after the conveyance, grant or assignment and before the disposal,

shall be disregarded.

(2)The amount to be disregarded under this section shall be such amount as may be agreed between the parties or determined by the district valuer.

(3)The district valuer shall not be required by virtue of this section to make a determination for the purposes of this section unless—

(a)it is reasonably practicable for him to do so; and

(b)his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made.

(4)If the district valuer does not make a determination for the purposes of this section (and in default of an agreement), no amount is required to be disregarded under this section.]

Annotations:

Amendments (Textual)

36 Liability to repay is a charge on the premises.E+W

(1)The liability that may arise under the covenant required by section 35 is a charge on the house, taking effect as if it had been created by deed expressed to be by way of legal mortgage.

[F124(2)Subject to subsections (2A) and (2B), the charge has priority immediately after any legal charge securing an amount—

(a)left outstanding by the purchaser, or

(b)advanced to him by an approved lending institution for the purpose of enabling him to acquire the interest disposed of on the first disposal.

(2A)The following, namely—

(a)any advance which is made otherwise than for the purpose mentioned in subsection (2)(b) and is secured by a legal charge having priority to the charge taking effect by virtue of this section, and

(b)any further advance which is so secured,

shall rank in priority to that charge if, and only if, the local authority by written notice served on the institution concerned gives their consent; and the local authority shall so give their consent if the purpose of the advance or further advance is an approved purpose.

(2B)The local authority may at any time by written notice served on an approved lending institution postpone the charge taking effect by virtue of this section to any advance or further advance which—

(a)is made to the purchaser by that institution, and

(b)is secured by a legal charge not having priority to that charge;

and the local authority shall serve such a notice if the purpose of the advance or further advance is an approved purpose.]

(3)F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F126(3A)The covenant required by section 35 (covenant for repayment of discount) does not, by virtue of its binding successors in title of the purchaser, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of this section, or a person deriving title under him; and a provision of the conveyance, grant or assignment, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with the covenant.]

(4)The approved lending institutions for the purposes of this section are—

  • [F127an authorised deposit taker

  • an authorised insurer]

  • [F128an authorised mortgage lender.]

[F129(5)The approved purposes for the purposes of this section are—

(a)to enable the purchaser to defray, or to defray on his behalf, any of the following—

(i)the cost of any works to the house,

(ii)any service charge payable in respect of the house for works, whether or not to the house, and

(iii)any service charge or other amount payable in respect of the house for insurance, whether or not of the house, and

(b)to enable the purchaser to discharge, or to discharge on his behalf, any of the following—

(i)so much as is still outstanding of any advance or further advance which ranks in priority to the charge taking effect by virtue of this section,

(ii)any arrears of interest on such an advance or further advance, and

(iii)any costs and expenses incurred in enforcing payment of any such interest, or repayment (in whole or in part) of any such advance or further advance.

(6)Where different parts of an advance or further advance are made for different purposes, each of those parts shall be regarded as a separate advance or further advance for the purposes of this section.]

Annotations:

Amendments (Textual)

F124S. 36(2),(2A),(2B) substituted (11.10.1993) for s. 36(2) by 1993 c. 28, s. 133(1); S.I. 1993/2134, arts. 2, 4(b) (with Sch. 1 para. 7).

F126S. 36(3A) inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1)(a), Sch. 5 Pt. I para. 1(1)(5)

F127Words in s. 36(4) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 299(2)

[F13036ARight of first refusal for local authorityE+W

(1)This section applies where, on a disposal of a house under section 32, a discount is given to the purchaser by the local authority in accordance with a consent given by the Secretary of State under subsection (2) of that section; but this section does not apply in any such case if the consent so provides.

(2)On the disposal the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.

(3)The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.

(4)In subsection (3) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made.

(5)The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on—

(a)a local authority which have made a disposal as mentioned in subsection (1), or

(b)such other person as is determined in accordance with the regulations,

a right of first refusal to have a disposal within subsection (6) made to them or him for such consideration as is mentioned in section 36B.

(6)The disposals within this subsection are—

(a)a reconveyance or conveyance of the house; and

(b)a surrender or assignment of the lease.

(7)Regulations under this section may, in particular, make provision—

(a)for the purchaser to offer to make such a disposal to such person or persons as may be prescribed;

(b)for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted;

(c)for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer;

(d)for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the purchaser and any other prescribed person;

(e)for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person;

(f)for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken;

(g)for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the purchaser is able to make a disposal on the open market;

(h)for the manner in which any offer, acceptance or notification is to be communicated.

(8)In subsection (7) any reference to the purchaser is a reference to the purchaser or his successor in title.

Nothing in that subsection affects the generality of subsection (5).

(9)Regulations under this section—

(a)may make different provision with respect to different cases or descriptions of case; and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)The limitation imposed by a covenant within subsection (3) is a local land charge.

(11)The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.

Annotations:

Amendments (Textual)

36BConsideration payable for disposal under section 36AE+W

(1)The consideration for a disposal made in respect of a right of first refusal as mentioned in section 36A(5) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that section).

(2)That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by section 35 (repayment of discount on early disposal) would be discharged by the vendor.

(3)If the offer is accepted in accordance with regulations under section 36A, no payment shall be required in pursuance of any such covenant as is mentioned in subsection (2), but the consideration shall be reduced, subject to subsection (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant.

(4)Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in subsection (2), the consideration shall not be reduced under subsection (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under section 36A).]

Annotations:

Amendments (Textual)

37 Restriction on disposal of dwelling-houses in National Parks, etc.E+W

(1)Where a conveyance, grant or assignment executed under section 32 is of a house situated in—

(a)a National Park.

(b)an area designated under [F131section 82 of the Countryside and Rights of Way Act 2000] as an area of outstanding natural beauty, or

(c)an area designated as a rural area by order under section 157 (which makes provision in relation to disposals in pursuance of the right to buy corresponding to that made by this section),

the conveyance, grant or assignment may (unless it contains a condition of a kind mentioned in section 33(2)(b) or (c) (right of pre-emption or restriction on assignment) [F132or a covenant as mentioned in section 36A(3)(right of first refusal for local authority)]) contain a covenant limiting the freedom of the purchaser (including any successor in title of his and any person deriving title under him or such a successor) to dispose of the house in the manner specified below.

(2)The limitation is that until such time (if any) as may be notified in writing by the local authority to the purchaser or a successor in title of his

[F133(a), there will be no relevant disposal which is not an exempted disposal without the written consent of the authority; but that consent shall not be withheld if the disposal is to a person satisfying the condition stated in subsection (3)][F134and

(b)there will be no disposal by way of tenancy or licence without the written consent of the authority unless the disposal is to a person satisfying that condition or by a person whose only or principal home is and, throughout the duration of the tenancy or licence,remains the house].

(3)The condition is that the person to whom the disposal is made (or, if it is made to more than one person, at least one of them) has, throughout the period of three years immediately preceding the application for consent [F135or, in the case of a disposal by way of tenancy or licence, preceding the disposal]

(a)had his place of work in a region designated by order under section 157(3) which, or part of which, is comprised in the National Park or area, or

(b)had his only or principal home in such a region;

or has had the one in part or parts of that period and the other in the remainder; but the region need not have been the same throughout the period.

(4)A disposal in breach of such a covenant as is mentioned in subsection (1) is void [F136and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the local authority as if—

(a)the authority were possessed of land adjacent to the house concerned; and

(b)the covenant were expressed to be made for the benefit of such adjacent land].

[F137(4A)Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal.]

(5)The limitation imposed by such a covenant is a local land charge.

[F138(5A)Where the Chief Land Registrar approves an application for registration of—

(a)a disposition of registered land, or

(b)the disponee’s title under a disposition of unregistered land,

and the instrument effecting the disposition contains a covenant of the kind mentioned in subsection (1), he must enter in the register a restriction reflecting the limitation imposed by the covenant]

(6)In this section “purchaser” means the person acquiring the interest disposed of by the first disposal.

Annotations:

Amendments (Textual)

F131Words in s. 37(1)(b) substituted (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 93, Sch. 15 Pt. I para. 8 (with s. 84(4)-(6)), S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)

F134Word “and” and s. 37(2)(b) added by Housing Act 1988 (c. 50, SIF 61), s. 125(2)(6)

F136Words and s. 37(4)(a)(b) added by Housing Act 1988 (c. 50, SIF 61), s. 125(4)(6)

F138S. 37(5A) substituted (13.10.2003) for words in s. 37(5) by 2002 c. 9, ss. 133, 136(2), Sch. 11 para. 18(2) (with s. 129); S.I. 2003/1725, art. 2(1)

38 Relevant disposals.E+W

(1)A disposal, whether of the whole of part of the house, is a relevant disposal for the purposes of this Part if it is—

(a)a conveyance of the freehold or an assignment of the lease, or

(b)the grant of a lease of sub-lease (other than a mortgage term) for a term of more than 21 years otherwise than at a rack rent.

(2)For the purposes of subsection (1)(b) it shall be assumed—

(a)that any option to renew or extend a lease or sub-lease, whether or not forming part of a series of options, is exercised, and

(b)that any option to terminate a lease or sub-lease is not exercised.

39 Exempted disposals.E+W

(1)A disposal is an exempted disposal for the purposes of this Part if—

(a)it is a disposal of the whole of the house and a conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is a qualifying person (as defined in subsection (2));

(b)it is a vesting of the whole of the house in a person taking under a will or on an intestacy;

[F139(c)it is a disposal of the whole of the house in pursuance of any such order as is mentioned in subsection (3);]

(d)it is a compulsory disposal; or

(e)the property disposed of is property included with the house by virtue of the defintiion of “house” in section 56 (yard, garden, outhouses, &c.).

(2)For the purposes of subsection (1)(a), a person is a qualifying person in relation to a disposal if—

(a)he is the person or one of the persons by whom the disposal is made,

(b)he is the spouse or a former spouse [F140, or the civil partner or a former civil partner,] of that person or one of those persons, or

(c)he is a member of the family of that person or one of those persons and has resided with him throughout the period of twelve months ending with the disposal.

[F141(3)The orders referred to in subsection (1)(c) are orders under—

(a)section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings),

(b)section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate),

(c)section 17 of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.), F142. . .

(d)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) [F143, or

(e)Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).]]

Annotations:

Amendments (Textual)

F139S. 39(1)(c) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. I para. 8(2); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F141S. 39(3) added (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. I para. 8(3); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

[F14439ATreatment of deferred resale agreements for purposes of section 35E+W

(1)If a purchaser or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 35 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.

(2)In subsection (1) “the appropriate time” means—

(a)the time when the agreement is entered into, or

(b)if it was made before the beginning of the discount repayment period, immediately after the beginning of that period.

(3)An agreement is within this subsection if it is an agreement between the purchaser or his successor in title and any other person—

(a)which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, under section 32,

(b)which is made before the end of the discount repayment period, and

(c)under which a relevant disposal (other than an exempted disposal) is or may be required to be made to any person after the end of that period.

(4)Such an agreement is within subsection (3)—

(a)whether or not the date on which the relevant disposal is to take place is specified in the agreement, and

(b)whether or not any requirement to make that disposal is or may be made subject to the fulfilment of any condition.

(5)The Secretary of State may by order provide—

(a)for subsection (1) to apply to agreements of any description specified in the order in addition to those within subsection (3);

(b)for subsection (1) not to apply to agreements of any description so specified to which it would otherwise apply.

(6)An order under subsection (5)—

(a)may make different provision with respect to different cases or descriptions of case; and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section—

  • agreement” includes arrangement;

  • the discount repayment period” means the period of 3 years that applies for the purposes of section 35(2) or the period of five years that applies for the purposes of section 35(3)(depending on whether an offer such as is mentioned in section 195(4) of the Housing Act 2004 was made before or on or after the coming into force of that section).]

Annotations:

Amendments (Textual)

40 Meaning of “compulsory disposal”.E+W

In this Part a “compulsory disposal” means a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or for whom another person has made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired.

41 Exempted disposals which end liability under covenants.E+W

Where there is a relevant disposal which is an exempted disposal by virtue of section 39(1)(d) or (e) (compulsory disposal or disposal of yard, garden, &c.)—

(a)the covenant required by section 35 (repayment of discount on early disposal) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant and the charge taking effect by virtue of section 36 (liability to repay a charge on the premises) cease to apply in relation to the property disposed of, and

[F145(aa)the covenant required by section 36A (right of first refusal for local authority) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant ceases to apply in relation to the property disposed of, and]

(b)any such covenant as is mentioned in section 37 (restriction on disposal of houses in National Parks, etc.) ceases to apply in relation to the property disposed of.

Annotations:

Amendments (Textual)

42 Treatment of options.E+W

(1)For the purposes of this Part the grant of an option enabling a person to call for a relevant disposal which is not an exempted disposal shall be treated as such a disposal made to him.

(2)For the purposes of section 37(2) (requirement of consent to disposal of house in National Park etc.) a consent to such a grant shall be treated as a consent to a disposal made in pursuance of the option.

43 Consent required for certain disposals not within s. 32.E+W

(1)The consent of the [F146appropriate national body] is required for the disposal by a local authority, otherwise than in pursuance of Part V (the right to buy) F147. . ., of a house belonging to the authority—

(a)which is let on a secure tenancy [F148or an introductory tenancy], or

(b)of which a lease has been granted in pursuance of Part V,

but which has not been acquired or appropriated by the authority for the purposes of this Part.

(2)Consent may be given—

(a)either generally to all local authorities or to any particular local authority or description of authority, and

(b)either generally in relation to all houses or in relation to any particular house or description of house.

(3)Consent may be given subject to conditions.

(4)Consent may, in particular, be given subject to conditions as to the price, premium or rent to be obtained on a disposal of the house, including conditions as to the amount by which, on a disposal of the house by way of sale or by the grant or assignment of a lease at a premium, the price or premium is to be, or may be, discounted by the local authority.

[F149( 4A )The matters to which the [F150appropriate national body] may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include—

(a)the extent (if any) to which the person to whom the proposed disposal is to be made (in this subsection referred to as “the intending purchaser”) is, or is likely to be, dependent upon, controlled by or subject to influence from the local autho-rity making the disposal or any members or officers of that authority;

(b)the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accommodation let on tenancies or subject to licences;

(c)the terms of the proposed disposal;

[F151(ca)in the case of a proposed disposal which is part of a proposed large scale disposal, the appropriate national body's estimate of the exchequer costs of the large scale disposal;] and

[F152(cb)any reduction in the amount that the local authority may be required to pay under section 69 of the Housing and Planning Act 2016 (payments to Secretary of State in respect of vacant higher value housing in England) as a result of the disposal;]

(d)any other matters whatsoever which [F153the appropriate national body] considers relevant.

[F154(4AA)The estimate mentioned in subsection (4A)(ca) is to be based on such assumptions (including as to the period during which housing subsidies may be payable) as the appropriate national body may determine, regardless of whether those assumptions are, or are likely to be, borne out by events.

(4AB)Subsections (4AB) to (4AE) of section 34 apply for the purposes of this section as they apply for the purposes of that section.]

F155( 4B ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5)For the purposes of this section the grant of an option to purchase the freehold of, or any other interest in, a house to which this section applies is a disposal and a consent given under this section to such a disposal extends to a disposal made in pursuance of the option.

F156 [( 5A )References in this section [F157(other than in subsection (4A)(ca) and in subsections (4AB) to (4AE) of section 34 as applied for the purposes of this section)] and in section 44 to a local authority shall include references to a National Park authority.]

[F158(6)The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.]

Annotations:

Amendments (Textual)

F147Words in s. 43(1) repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. IX; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F148Words in s. 43(1)(a) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(e)

F149S. 43(4A)(4B) inserted (retrospectively 9.6.1988) by Housing Act 1988 (c. 50, SIF 61), s. 132(1)(2)(8)

Modifications etc. (not altering text)

C37S. 43 extended (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 1(2)(a) (with ss. 56(6), 94(2), 95); S.I. 1993/2134, arts. 2, 5(a).

Ss. 43, 44 extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 21(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

C38Ss. 43, 44 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(a)

C40S. 43(2)(b)(3) extended by Housing Act 1988 (c. 50, SIF 61), s.133(3)(b)

44 Avoidance of certain disposals of houses without consent.E+W

(1)A disposal of a house by a local authority made without the consent required by section 32 or 43 is void, unless—

(a)the disposal is to an individual (or to two or more individuals), and

(b)the disposal does not extend to any other house.

(2)Subsection (1) has effect notwithstanding section 29 of the M5Town and Country Planning Act 1959 and section 128(2) of the M6Local Government Act 1972 (protection of purchasers dealing with authority).

(3)In this section “house” does not have the extended meaning applicable by virtue of the definition of “housing accommodation” in section 56, but includes a flat.

Restriction on service chargesE+W

[F159 45 Disposals in relation to which ss. 46 to 51 apply, etc. payable after disposal of houseE+W

(1)The following provisions of this Part down to section 51 (restrictions on, and provision of information about, services charges) apply where—

[F160(a)the freehold of a house has been conveyed by a public sector authority; and

(b)the conveyance enabled the vendor to recover from the purchaser a service charge.]

( 2 )In subsection (1)(a)—

  • F161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • public sector authority ” means—

    • a local authority,

    • [F162a National Park authority]

    • a [F163development] corporation,

    • an urban development corporation,

    • [F164a Mayoral development corporation,]

    • [F165the Homes and Communities Agency,]

    • [F166the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions,]

    • [F165the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981,

    • [F167a housing action trust]

    • F168 . . .

    • [F169[F170Regulator of Social Housing] or Scottish Homes]

      [F171a non-profit registered provider of social housing,]

    • a [F172registered social landlord].

F173 [( 2A ) In subsection (1)(a) “ public sector authority ” also includes the [F174 Welsh Ministers if the freehold has been conveyed by them (or by the Assembly constituted by the Government for Wales Act 1998, the Secretary of State ] or Housing for Wales) under section 90 of the M7 Housing Associations Act 1985. ]

[F175(2B)In subsection (1)(a) “public sector authority” also includes a profit-making registered provider of social housing in respect of any house which, before the conveyance, was social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.]

(3)The following provisions—

  • section 170 (power of Secretary of State to given assistance in connection with legal proceedings), and

  • section 181 (jurisdiction of county court),

apply to proceedings and questions arising under this section and sections 46 to 51 as they apply to proceedings and questions arising under Part V (the right to buy).]]

Annotations:

Amendments (Textual)

F159Ss. 45, 47, 48, 50, 51 repealed in relation to dwellings let on long leases by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41(2)

F160S. 45(1)(a)(b) substituted for s. 45(1)(a)–(c) by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 61(1), Sch. 4 para. 4(a)

F162Words in s. 45(2)(b) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 24(2), (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F164Words in s. 45(2) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 10

F166Words in s. 45(2) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 12; S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F168Words in s. 45(2) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F169Words in s. 45(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 8(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F172Words in s. 45(2) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(4)

F173S. 45(2A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 8(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C47Ss. 45-51 extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 21(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

C49Ss. 45-51 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(b)

Marginal Citations

F17646. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F17747 Limitation of service charges.E+W

(1)Relevant costs shall be taken into account in determining the amount of a service charge payable for a period—

(a)only to the extent that they are reasonably incurred, and

(b)where they are incurred on the provision of services or the carrying out of works, only if the services or works are of a reasonable standard;

and the amount payable shall be limited accordingly.

(2)Where the service charge is payable before the relevant costs are incurred, no greater amount than is reasonable is so payable and after the relevant costs have been incurred any necessary adjustment shall be made by repayment, reduction of subsequent charges or otherwise.

(3)An agreement by the payer (other than an arbitration agreement within the meaning of [F178Part I of the Arbitration Act 1996]) is void in so far as it purports to provide for a determination in a particular manner or on particular evidence of any question—

(a)whether an amount payable before costs for services, repairs, maintenance, insurance or management are incurred is reasonable,

(b)whether such costs were reasonably incurred, or

(c)whether services or works for which costs were incurred are of a reasonable standard.

[F179(4)Where relevant costs are incurred or to be incurred on the carrying out of works in respect of which a grant has been or is to be paid under [F180section 523 of the Housing Act 1985 (assistance for provision of separate service pipe for water supply) or any provision of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants, &c. for renewal of private sector housing) or any corresponding earlier enactment], the amount of the grant shall be deducted from the costs and the amount of the service charge payable shall be reduced accordingly.]]

Annotations:

Amendments (Textual)

F177Ss. 45, 47, 48, 50, 51 repealed in relation to dwellings let on long leases by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41(2)

F178Words in s. 47(3) substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 42 (with s. 81(2)); S.I. 1996/3146, arts. 2, 4 (with transitional provisions in Sch. 2)

F180Words in s. 47(4) substituted (17.12.1996) by 1996 c. 53, s. 103, Sch. 1 para. 2; S.I. 1996/2842, art. 3

Modifications etc. (not altering text)

C54Ss. 45-51 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(b)

[F18148 Information as to relevant costs.E+W

(1)The payer may require the payee in writing to supply him with a written summary of the costs incurred—

(a)if the relevant accounts are made up for periods of twelve months, in the last such period ending not later than the date of the request, or

(b)if the accounts are not so made up, in the period of twelve months ending with the date of the request,

and which are relevant to the service charges payable or demanded as payable in that or any other period.

(2)The payee shall comply with the request within one month of the request or within six months of the end of the period referred to in subsection (1)(a) or (b), whichever is the later.

(3)The summary shall set out those costs in a way showing how they are or will be reflected in demands for service charges and must be certified by a qualified accountant as in his opinion a fair summary complying with this requirement and as being sufficiently supported by accounts, receipts and other documents which have been produced to him.

[F182(3A)The summary shall also state whether any of the costs relate to works in respect of which a grant has been or is to be paid under [F183section 523 of the Housing Act 1985 (assistance for provision of separate service pipe for water supply) or any provision of Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing) or any corresponding earlier enactment].]

(4)Where the payer has obtained such a summary as is referred to in subsection (1) (whether in pursuance of this section or otherwise, he may within six months of obtaining it require the payee in writing to afford him reasonable facilities—

(a)for inspecting the accounts, receipts and other documents supporting the summary, and

(b)for taking copies of extracts from them,

and the payee shall then make such facilities available to the payer for a period of two months beginning not later than one month after the request is made.

(5)A request under this section shall be deemed to be served on the payee if it is served on a person who receives the service charge on behalf of the payee; and a person on whom a request is so served shall forward it as soon as possible to the payee.

(6)A disposal of the house by the payer does not affect the validity of a request made under this section before the disposal; but a person is not obliged to provide a summary or make the facilities available more than once for the same house and for the same period.]

Annotations:

Amendments (Textual)

F181Ss. 45, 47, 48, 50, 51 repealed in relation to dwellings let on long leases by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41(2)

F183Words in s. 48(3A) substituted (17.12.1996) by 1996 c. 53, s. 103, Sch. 1 para. 3; S.I. 1996/2842, art. 3

Modifications etc. (not altering text)

C57Ss. 45-51 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(b)

F18449. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F18550 Offences.E+W

(1)If a person fails without reasonable excuse to perform a duty imposed on him by section 48 . . . F186 (provision of information, &c.), he commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

(2)Subsection (1) does not apply where the payee is—

  • a local authority F187. . . ,

  • a [F188development] corporation, F189. . .

  • [F190or

    the Welsh Ministers]]

  • F189. . ..

Annotations:

Amendments (Textual)

F185Ss. 45, 47, 48, 50, 51 repealed in relation to dwellings let on long leases by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41(2)

Modifications etc. (not altering text)

C60Ss. 45-51 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(b)

[F19151 Meaning of “qualified accountant”.E+W

(1)The reference to a “qualified accountant” in section 48(3) (certification of summary of information about relevant costs) is to a person who, in accordance with the following provisions, has the necessary qualification and is not disqualified from acting.

[F192(2)a person has the necessary qualification only if he is eligible for appointment as a [F193statutory auditor under Part 42 of the Companies Act 2006].]

(4)The following are disqualified from acting—

[F194(a)where the payee is a company, the payee or any associated company of the payee;]

(b)an officer or employee of the payee or, where the payee is a company, of an associated company;

(c)a person who is a partner or employee of any such officer or employee.

(5)For the purposes of [F195subsection (4)(a) and (b).] a company is associated with the payee company if it is (within the meaning of [F196section 1159 of the Companies Act 2006]) the payee’s holding company or subsidiary or is a subsidiary of the payee’s holding company.

(6)Where the payee is a local authority [F197or a [F198development] corporation]

(a)the persons who have the necessary qualification include members of the Chartered Institute of Public Finance and Accountancy, and

(b)subsection (4)(b) (disqualification of officers and employees) does not apply.]

Annotations:

Amendments (Textual)

F191Ss. 45, 47, 48, 50, 51 repealed in relation to dwellings let on long leases by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41(2)

F192S. 51(2) substituted (1.10.1991) for s. 51(2)(3) by S.I. 1991/1997, reg. 2, Sch. para. 58(a)

F195Words in s. 51(5) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 58(c)

F196Words in s. 51(5) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I. 2009/1941), art. 2(1), {Sch. 1 para. 62(4)} (with art. 10)

F197Words in s. 51(6) substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 9 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

Modifications etc. (not altering text)

C62Ss. 45-51 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(b)

MiscellaneousE+W

52 Compliance with minimum standards in erection of houses.E+W

A local housing authority by whom a house is erected under the enactments relating to housing, whether with or without financial assistance from the government, shall secure—

F199(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)that, in except in so far as the Secretary of State may, in a particular case, dispense with the observance of this paragraph, the house is provided with a fixed bath in a bathroom.

Annotations:

Amendments (Textual)

53 Prefabs deemed to be houses provided under this Part.E+W

(1)This section applies to prefabs, that is to say structures made available to a local authority under section 1 of the M8Housing (Temporary Accommodation) Act 1944 (“the 1944 Act”).

(2)For the purposes of this Act prefabs shall be deemed to be houses provided by the local housing authority under this Part.

(3)A prefab and the land on which it is situated may, if immediately before the repeal of the 1944 Act (on 25th August 1972) it was deemed to be land acquired for the purposes of Part V of the M9Housing Act 1957, be appropriated or disposed of by the local housing authority in the same way as any other land acquired or deemed to be acquired for the purposes of this Part.

(4)The provisions of this section do not affect any obligation of a local housing authority to another person as respects the removal or demolition of a prefab.

(5)References in this section to a prefab include fittings forming part of it.

Annotations:

Marginal Citations

Supplementary provisionsE+W

54 Powers of entry.E+W

(1)A person authorised by a local housing authority or the Secretary of State may, at any reasonable time, on giving 24 hours’ notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of survey and examination—

(a)where it appears to the authority or Secretary of State that survey or examination is necesary in order to determine whether any powers under this Part should be exercised in respect of the premises, or

(b)in the case of premises which the authority are authorised by this Part to purchase compulsorily.

(2)An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised [F200and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf].

[F201(3)A person may not be authorised by a local housing authority under subsection (1)(a) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).]

55 Penalty for obstruction.E+W

(1)It is a summary offence [F202intentionally] to obstruct an officer of the local housing authority, or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.

(2)A person who commits such an offence is liable on conviction to a fine not exceeding [F203level 3] on the standard scale.

56 Minor definitions.E+W

[F204(1)]In this Part—

  • house” includes any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it;

  • housing accommodation” includes flats, lodging-houses and hostels, and “house” shall be similarly construed;

  • [F205“introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996;]

  • lodging-houses” means houses not occupied as separate dwellings;

  • member of family” in relation to a person, has the same meaning as in Part V (the right to buy);

  • owner”, in relation to premises—

(a)means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, and

(b)includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years.

  • [F206“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.]

[F207(2)For the purposes of this Part, something is within the remit of the Regulator of Social Housing if it is related to or affects the provision of social housing by a local housing authority, or county council, in England.]

57 Index of defined expressions: Part II.E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—

banksection 622
building societysection 622
compulsory disposalsection 40
F208. . .F208. . .
development corporationsection 4(c)
district (of a local housing authority)section 2(1)
exempted disposalsection 39
family (member of)sections 56 and 186
friendly societysection 622
hostelsection 622
housesection 56
housing accommodationsection 56
housing associationsection 5(1)
Housing Revenue Accountsection 417
insurance companysection 622
[F209introductory tenancy][F209section 56]
leasesection 621
local authoritysection 4(e)
local housing authoritysections 1, 2(2)
local housing authority’s housessection 20
lodging-housessection 56
[F210new towns residuary bodysection 4(1)(g)]
ownersection 56
payee and payer (in relation to a service charge)[F211section 621A]
qualified accountant (for the purposes of section 48(3))section 51
[F212registered social landlord][F212section 5(4) and (5).]
relevant costs (in relation to a service charge)[F211section 621A] (2), (3)
relevant disposalsection 38 (and see section 452(3))
secure tenancysection 79
service charge[F211section 621A] (1)
shared ownership leasesection 622
standard scale (in reference to the maximum fine on summary conviction)section 622
streetsection 622
tenancy and tenantsection 621
trustee savings banksection 622
urban development corporationsection 4(d)

F213PART IIIE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F213Pt. III (ss. 58-78) repealed (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2 (subject to transitional provision in Sch. para. 1)

Main definitionsE+W

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of local housing authorities with respect to homelessness and threatened homelessnessE+W

62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Administrative provisionsE+W

71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance for voluntary organisationsE+W

73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisionsE+W

74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IVE+W SECURE TENANCIES AND RIGHTS OF SECURE TENANTS

Annotations:

Modifications etc. (not altering text)

C69Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)

C70Pt. IV (ss. 79-117) extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(3)(6) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (subject to transitional provisions in art. 4(b)(c))

Security of tenureE+W

79 Secure tenancies.E+W

(1)A tenancy under which a dwelling-house is let as a separate dwelling is a secure tenancy at any time when the conditions described in sections 80 and 81 as the landlord condition and the tenant condition are satisfied.

(2)Subsection (1) has effect subject to—

(a)the exceptions in Schedule 1 (tenancies which are not secure tenancies),

(b)sections 89(3) and (4) and 90(3) and (4) (tenancies ceasing to be secure after death of tenant), and

(c)sections 91(2) and 93(2) (tenancies ceasing to be secure in consequence of assignment of subletting).

(3)The provisions of this Part apply in relation to a licence to occupy a dwelling-house (whether or not granted for a consideration) as they apply in relation to a tenancy.

(4)Subsection (3) does not apply to a licence granted as a temporary expedient to a person who entered the dwelling-house or any other land as a trespasser (whether or not, before the grant of that licence, another licence to occupy that or another dwelling-house had been granted to him).

80 The landlord condition.E+W

(1)The landlord condition is that the interest of the landlord belongs to one of the following authorities or bodies—

  • a local authority,

  • a [F225development] corporation,

  • [F226a housing action trust]

  • [F227 a Mayoral development corporation, ]

  • an urban development corporation, [F228in the case of a tenancy falling within subsections (2A) to (2E), the Homes and Communities Agency[F229 , the Greater London Authority] or the Welsh Ministers (as the case may be), ]

  • F230. . .

  • F231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . housing co-operative to which this section applies.

F233(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F234(2A)A tenancy falls within this subsection if the interest of the landlord is transferred to—

(a)the Homes and Communities Agency as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008,

[F235(aa)the Greater London Authority as mentioned in section 333ZI(2)(a) to (d) of the Greater London Authority Act 1999, or]

(b)the Welsh Ministers as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

(2B)A tenancy falls within this subsection if it is entered into pursuant to a contract under which the rights and liabilities of the prospective landlord are transferred to the Homes and Communities Agency [F236, the Greater London Authority]or the Welsh Ministers as mentioned in subsection (2A)(a)[F237, (aa) ] or (b) (as the case may be).

(2C)A tenancy falls within this subsection if it is granted by the Homes and Communities Agency [F238 , the Greater London Authority]or the Welsh Ministers to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant of the Homes and Communities Agency [F238 , the Greater London Authority]or the Welsh Ministers (as the case may be).

(2D)A tenancy falls within this subsection if—

(a)it is granted by the Homes and Communities Agency [F239, the Greater London Authority]or the Welsh Ministers to a person (alone or jointly with others),

(b)before the grant of the tenancy, an order for possession of a dwelling-house let under a secure tenancy was made against the person (alone or jointly with others) and in favour of the Homes and Communities Agency [F239, the Greater London Authority]or the Welsh Ministers (as the case may be) on the court being satisfied as mentioned in section 84(2)(b) or (c), and

(c)the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied.

(2E)A tenancy falls within this subsection if it is granted by the Homes and Communities Agency [F240 , the Greater London Authority]or the Welsh Ministers pursuant to an obligation under section 554(2A).]

(3)If a co-operative housing association ceases to be[F241a private registered provider of social housing or] [F242a registered social landlord], it shall, within the period of 21 days beginning with the date on which it ceases to be [F242[F243such a body]], notify each of its tenants who thereby becomes a secure tenant, in writing, that he has become a secure tenant.

[F244(4)This section applies to a housing co-operative within the meaning of section 27B (agreements under certain superseded provisions) where the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section.]

[F245(5)In this Act and in any provision made under this Act, or made by or under any other enactment, a reference to—

(a)a person within section 80 or 80(1) of this Act, or

(b)a person who satisfies the landlord condition under this section,

includes a reference to the Homes and Communities Agency [F246 , to the Greater London Authority]or to the Welsh Ministers so far as acting in their capacity as landlord (or, in the case of disposals, former landlord) in respect of a tenancy which falls within subsections (2A) to (2E) above but, subject to this, does not include the Homes and Communities Agency [F247, the Greater London Authority ]or the Welsh Ministers.

(6)Subsection (5)—

(a)applies whether the person is described as an authority, body or landlord or in any other way and whether the reference is otherwise expressed in a different way, and

(b)is subject to any provision to the contrary.]

Annotations:

Amendments (Textual)

F226Words in s. 80(1) inserted by Housing Act 1988 (c. 50, SIF 61), s. 83(2)

F227Words in s. 80(1) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 11

F229Words in s. 80(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(2); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F230Words in s. 80(1) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F232Words in s. 80(1) repealed by Housing Act 1988 (c.50, SIF 61), s. 140(2), Sch. 18, note 4

F233S. 80(2) repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18, note 4 and s. 80(2) as so saved amended (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(8)(a)

F235S. 80(2A)(aa) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(3); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F236Words in s. 80(2B) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(4)(a); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F237Words in s. 80(2B) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(4)(b); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F238Words in s. 80(2C) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(5); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F239Words in s. 80(2D) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(6); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F240Words in s. 80(2E) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(7); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F242Words in s. 80(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(8)(b)

F246Words in s. 80(5) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(8)(a); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F247Words in s. 80(5) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(8)(b); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

Modifications etc. (not altering text)

C71S. 80 modified (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 12(6)(a)(9); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C72S. 80 modified (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 4(6)(a); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

81 The tenant condition.E+W

The tenant condition is that the tenant is an individual and occupies the dwelling-house as his only or principal home; or, where the tenancy is a joint tenancy, that each of the joint tenants is an individual and at least one of them occupies the dwelling-house as his only or principal home.

82 Security of tenure.E+W

(1)A secure tenancy which is either—

(a)a weekly or other periodic tenancy, or

(b)a tenancy for a term certain but subject to termination by the landlord,

cannot be brought to an end by the landlord except [F248as][F249mentioned in subsection (1A)] .

[F250(1A)The tenancy may be brought to an end by the landlord—

(a)obtaining—

(i)an order of the court for the possession of the dwelling-house, and

(ii)the execution of the order,

(b)obtaining an order under subsection (3), or

(c)obtaining a demotion order under section 82A.

(2)In the case mentioned in subsection (1A)(a), the tenancy ends when the order is executed.]

(3)Where a secure tenancy is a tenancy for a term certain but with a provision for re-entry or forfeiture, the court shall not order possession of the dwelling-house in pursuance of that provision, but in a case where the court would have made such an order it shall instead make an order terminating the tenancy on a date specified in the order and section 86 (periodic tenancy arising on termination of fixed term) shall apply.

(4)Section 146 of the M14Law of Property Act 1925 (restriction on and relief against forfeiture), except subsection (4) (vesting in under-lessee), and any other enactment or rule of law relating to forfeiture, shall apply in relation to proceedings for an order under subsection (3) of this section as if they were proceedings to enforce a right of re-entry or forfeiture.

Annotations:

Amendments (Textual)

F249Words in s. 82(1) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

Marginal Citations

[F25182ADemotion because of anti-social behaviourE+W

(1)This section applies to a secure tenancy if the landlord is—

(a)a local housing authority;

(b)a housing action trust;

[F252(ba)a private registered provider of social housing;]

(c)a registered social landlord.

(2)The landlord may apply to [F253the county court ] for a demotion order.

(3)A demotion order has the following effect—

(a)the secure tenancy is terminated with effect from the date specified in the order;

(b)if the tenant remains in occupation of the dwelling-house after that date a demoted tenancy is created with effect from that date;

(c)it is a term of the demoted tenancy that any arrears of rent payable at the termination of the secure tenancy become payable under the demoted tenancy;

(d)it is also a term of the demoted tenancy that any rent paid in advance or overpaid at the termination of the secure tenancy is credited to the tenant’s liability to pay rent under the demoted tenancy.

(4)The court must not make a demotion order unless it is satisfied—

(a)that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to [F254 engage in—

[F255(i)conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or

(ii)conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and]]

(b)that it is reasonable to make the order.

(5)Each of the following has effect in respect of a demoted tenancy at the time it is created by virtue of an order under this section as it has effect in relation to the secure tenancy at the time it is terminated by virtue of the order—

(a)the parties to the tenancy;

(b)the period of the tenancy;

(c)the amount of the rent;

(d)the dates on which the rent is payable.

(6)Subsection (5)(b) does not apply if the secure tenancy was for a fixed term and in such a case the demoted tenancy is a weekly periodic tenancy.

(7)If the landlord of the demoted tenancy serves on the tenant a statement of any other express terms of the secure tenancy which are to apply to the demoted tenancy such terms are also terms of the demoted tenancy.

[F256(7A)In subsection (4)(a)(ii) “housing accommodation” includes—

(a)flats, lodging-houses and hostels;

(b)any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;

(c)any common areas used in connection with the accommodation.]

(8)For the purposes of this section a demoted tenancy is—

(a)a tenancy to which section 143A of the Housing Act 1996 applies if the landlord of the secure tenancy is a local housing authority or a housing action trust;

(b)a tenancy to which section 20B of the Housing Act 1988 applies if the landlord of the secure tenancy is [F257a private registered provider of social housing or] a registered social landlord.]

Annotations:

Amendments (Textual)

F251S. 82A inserted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(2), 93(2); S.I. 2004/1502, s. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

F253Words in s. 82A(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F254S. 82A(4)(a): paras. (i)(ii) and preceding words substituted (6.4.2007 for E. and otherwise prosp.) for words by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 12(2); S.I. 2007/709, art. 4(c)(d) (subject to art. 8)

[F26083 Proceedings for possession or termination:[F259general] notice requirements.E+W

F258F259

(1)The court shall not entertain [F261proceedings to which this section applies ] unless—

(a)the landlord has served a notice on the tenant complying with the provisions of this section, or

(b)the court considers it just and equitable to dispense with the requirement of such a notice.

[F262(A1)This section applies in relation to proceedings for an order mentioned in section 82(1A) other than—

(a)proceedings for possession of a dwelling-house under section 84A (absolute ground for possession for anti-social behaviour), including proceedings where possession is also sought on one or more of the grounds set out in Schedule 2, or

(b)proceedings for possession of a dwelling-house under section 107D (recovery of possession on expiry of flexible tenancy).]

(2)A notice under this section shall—

(a)be in a form prescribed by regulations made by the Secretary of State,

(b)specify the ground on which the court will be asked to make [F263the order] and

(c)give particulars of that ground.

(3)Where the tenancy is a periodic tenancy and the ground or one of the grounds specified in the notice is Ground 2 in Schedule 2 (nuisance or other anti-social behaviour), the notice—

(a)shall also—

(i)state that proceedings for the possession of the dwelling-house may be begun immediately, and

(ii)specify the date sought by the landlord as the date on which the tenant is to give up possession of the dwelling-house, and

(b)ceases to be in force twelve months after the date so specified.

(4)Where the tenancy is a periodic tenancy and Ground 2 in Schedule 2 is not specified in the notice, the notice—

(a)shall also specify the date after which proceedings for the possession of the dwelling-house may be begun, and

(b)ceases to be in force twelve months after the date so specified.

[F264(4A)If the proceedings are for a demotion order under section 82A the notice—

(a)must specify the date after which the proceedings may be begun;

(b)ceases to be in force twelve months after the date so specified.]

(5)The date specified in accordance with subsection (3) [F265(4) or (4A)] must not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this section.

(6)Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and subsections (3) to (5) of this section do not apply to the notice.

(7)Regulations under this section shall be made by statutory instrument and may make different provision with respect to different cases or descriptions of case, including different provision for different areas.]

Annotations:

Amendments (Textual)

F260Ss. 83, 83A substituted for s. 83 (1.10.1996 for specified purposes and 4.2.1997 otherwise) by 1996 c. 52, s. 147(1); S.I. 1996/2402, art. 4; S.I. 1997/66, art. 2 (subject to savings in Sch.)

F263Words in s. 83(2)(b) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

F264S. 83(4A) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I.2005/1225, art. 2(b)

F265Words in s. 83(5) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

F258F259[F26683ZANotice requirements in relation to proceedings for possession on absolute ground for anti-social behaviourE+W

F258F259

(1)This section applies in relation to proceedings for possession of a dwelling-house under section 84A (absolute ground for possession for anti-social behaviour), including proceedings where possession is also sought on one or more of the grounds set out in Schedule 2.

(2)The court must not entertain the proceedings unless the landlord has served on the tenant a notice under this section.

(3)The notice must—

(a)state that the court will be asked to make an order under section 84A for the possession of the dwelling-house,

(b)set out the reasons for the landlord's decision to apply for the order (including the condition or conditions in section 84A on which the landlord proposes to rely), and

(c)inform the tenant of any right that the tenant may have under section 85ZA to request a review of the landlord's decision and of the time within which the request must be made.

(4)In a case where possession is also sought on one or more of the grounds set out in Schedule 2, the notice must also—

(a)specify the ground on which the court will be asked to make the order, and

(b)give particulars of that ground.

(5)A notice which states that the landlord proposes to rely upon condition 1, 3 or 5 in section 84A—

(a)must also state the conviction on which the landlord proposes to rely, and

(b)must be served on the tenant within—

(i)the period of 12 months beginning with the day of the conviction, or

(ii)if there is an appeal against the conviction, the period of 12 months beginning with the day on which the appeal is finally determined or abandoned.

(6)A notice which states that the landlord proposes to rely upon condition 2 in section 84A—

(a)must also state the finding on which the landlord proposes to rely, and

(b)must be served on the tenant within—

(i)the period of 12 months beginning with the day on which the court has made the finding, or

(ii)if there is an appeal against the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.

(7)A notice which states that the landlord proposes to rely upon condition 4 in section 84A—

(a)must also state the closure order concerned, and

(b)must be served on the tenant within—

(i)the period of 3 months beginning with the day on which the closure order was made, or

(ii)if there is an appeal against the making of the order, the period of 3 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.

(8)A notice under this section must also inform the tenant that, if the tenant needs help or advice about the notice and what to do about it, the tenant should take it immediately to a Citizens' Advice Bureau, a housing aid centre, a law centre or a solicitor.

(9)The notice—

(a)must also specify the date after which proceedings for the possession of the dwelling-house may be begun, and

(b)ceases to be in force 12 months after the date so specified.

(10)The date specified in accordance with subsection (9)(a) must not be earlier than—

(a)in the case of a periodic tenancy, the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same day as the notice under this section;

(b)in the case of a secure tenancy for a term certain, one month after the date of the service of the notice.

(11)Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and subsection (10)(a) does not apply to the notice.]

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C75S. 83ZA excluded by 1980 c. 51, Sch. 9 para. 5 (as amended) (20.10.2014 for E.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 2 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h)

[F26783A Additional requirements in relation to certain proceedings for possession.E+W

F258F259

(1)Where a notice under section 83 has been served on a tenant containing the information mentioned in subsection (3)(a) of that section, the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun at a time when the notice is still in force.

(2)Where—

(a)a notice under section 83 [F268or 83ZA]has been served on a tenant, and

(b)a date after which proceedings may be begun has been specified in the notice in accordance with [F269section 83(4)(a) or section 83ZA(9)(a)],

the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun after the date so specified and at a time when the notice is still in force.

(3)Where—

(a)the ground or one of the grounds specified in a notice under section 83 [F270or 83ZA]is Ground 2A in Schedule 2 (domestic violence), and

(b)the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house,

the court shall not entertain proceedings for the possession of the dwelling-house unless it is satisfied that the landlord has served a copy of the notice on the partner who has left or has taken all reasonable steps to serve a copy of the notice on that partner.

This subsection has effect subject to subsection (5).

(4)Where—

(a)Ground 2A in Schedule 2 is added to a notice under section 83 [F271or 83ZA ]with the leave of the court after proceedings for possession are begun, and

(b)the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings,

the court shall not continue to entertain the proceedings unless it is satisfied that the landlord has served a notice under subsection (6) on the partner who has left or has taken all reasonable steps to serve such a notice on that partner.

This subsection has effect subject to subsection (5).

(5)Where subsection (3) or (4) applies and Ground 2 in Schedule 2 (nuisance or other anti-social behaviour) is also specified in [F272a notice] under section 83[F273or a notice is served under section 83ZA], the court may dispense with the requirements as to service in relation to the partner who has left the dwelling-house if it considers it just and equitable to do so.

(6)A notice under this subsection shall—

(a)state that proceedings for the possession of the dwelling-house have begun,

(b)specify the ground or grounds on which possession is being sought, and

(c)give particulars of the ground or grounds.]

Annotations:

Amendments (Textual)

F267Ss. 83, 83A substituted for s. 83 (1.10.1996 for specified purposes and 4.2.1997 otherwise) by 1996 c. 52, s. 147(1); S.I. 1996/2402, art. 4; S.I. 1997/66, art. 2 (subject to savings in Sch.)

84 Grounds and orders for possession.E+W

F258F259

(1)The court shall not make an order for the possession of a dwelling-house let under a secure tenancy except on one or more of the grounds set out in Schedule 2[F274or in accordance with [F275section 84A (absolute ground for possession for anti-social behaviour) or]section 107D (recovery of possession on expiry of flexible tenancy)].

(2)The court shall not make an order for possession—

(a)on the grounds set out in Part I of [F276Schedule 2] (grounds 1 to 8), unless it considers it reasonable to make the order,

(b)on the grounds set out in Part II of that Schedule (grounds 9 to 11), unless it is satisfied that suitable accommodation will be available for the tenant when the order takes effect,

(c)on the grounds set out in Part III of that Schedule (grounds 12 to 16), unless it both considers it reasonable to make the order and is satisfied that suitable accommodation will be available for the tenant when the order takes effect;

and Part IV of that Schedule has effect for determining whether suitable accommodation will be available for a tenant.

F277 [( 3 )Where a notice under section 83 [F278or 83ZA ]has been served on the tenant, the court shall not make [F279an order on any of the grounds mentioned in subsection (2)] unless the ground is specified in the notice; but the grounds so specified may be altered or added to with the leave of the court.

(4)Where a date is specified in a notice under section 83 in accordance with subsection (3) of that section, the court shall not make an order which requires the tenant to give up possession of the dwelling-house in question before the date so specified.]

Annotations:

Amendments (Textual)

F274Words in s. 84(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 155(2), 240(2); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F277S. 84(3)(4) substituted for s. 84(3) (1.10.1996 for specified purposes and 4.2.1997 otherwise) by 1996 c. 52, s. 147(2); S.I. 1996/2402, art. 4; S.I. 1997/66, art. 2 (with savings in Sch.)

F258F259[F28084AAbsolute ground for possession for anti-social behaviourE+W

F258F259

(1)If the court is satisfied that any of the following conditions is met, it must make an order for the possession of a dwelling-house let under a secure tenancy.

This is subject to subsection (2) (and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998).

(2)Subsection (1) applies only where the landlord has complied with any obligations it has under section 85ZA (review of decision to seek possession).

(3)Condition 1 is that—

(a)the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and

(b)the serious offence—

(i)was committed (wholly or partly) in, or in the locality of, the dwelling-house,

(ii)was committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or

(iii)was committed elsewhere against the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and directly or indirectly related to or affected those functions.

(4)Condition 2 is that a court has found in relevant proceedings that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, other than a provision requiring a person to participate in a particular activity, and—

(a)the breach occurred in, or in the locality of, the dwelling-house, or

(b)the breach occurred elsewhere and the provision breached was a provision intended to prevent—

(i)conduct that is capable of causing nuisance or annoyance to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or

(ii)conduct that is capable of causing nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.

(5)Condition 3 is that the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 consisting of a breach of a provision of a criminal behaviour order prohibiting a person from doing anything described in the order, and the offence involved—

(a)a breach that occurred in, or in the locality of, the dwelling-house, or

(b)a breach that occurred elsewhere of a provision intended to prevent—

(i)behaviour that causes or is likely to cause harassment, alarm or distress to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or

(ii)behaviour that causes or is likely to cause harassment, alarm or distress to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.

(6)Condition 4 is that—

(a)the dwelling-house is or has been subject to a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, and

(b)access to the dwelling-house has been prohibited (under the closure order or under a closure notice issued under section 76 of that Act) for a continuous period of more than 48 hours.

(7)Condition 5 is that—

(a)the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under—

(i)section 80(4) of the Environmental Protection Act 1990 (breach of abatement notice in relation to statutory nuisance), or

(ii) section 82(8) of that Act (breach of court order to abate statutory nuisance etc. ), and

(b)the nuisance concerned was noise emitted from the dwelling-house which was a statutory nuisance for the purposes of Part 3 of that Act by virtue of section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance).

(8)Condition 1, 2, 3, 4 or 5 is not met if—

(a)there is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or

(b)the final determination of the appeal results in the conviction, finding or order being overturned.

(9)In this section—

  • relevant proceedings ” means proceedings for contempt of court or proceedings under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014;

  • serious offence ” means an offence which—

    (a)

    was committed on or after the day on which subsection (3) comes into force,

    (b)

    is specified, or falls within a description specified, in Schedule 2A at the time the offence was committed and at the time the court is considering the matter, and

    (c)

    is not an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either-way offences where value involved is small).

(10)The Secretary of State may by order amend Schedule 2A as it applies in relation to dwelling-houses in England by—

(a)adding an indictable offence;

(b)removing an offence.

(11)The Welsh Ministers may by order amend Schedule 2A as it applies in relation to dwelling-houses in Wales by—

(a)adding an indictable offence;

(b)removing an offence.

(12)An order under subsection (10) or (11)—

(a)is to be made by statutory instrument;

(b)may make different provision for different purposes;

(c)may include incidental, supplementary, consequential, transitional or saving provision.

(13)A statutory instrument containing an order under subsection (10) or (11) may not be made unless a draft of the instrument has been laid before and approved by a resolution of—

(a)each House of Parliament (in the case of an order of the Secretary of State), or

(b)the National Assembly for Wales (in the case of an order of the Welsh Ministers).]

85 Extended discretion of court in certain proceedings for possession.E+W

(1)Where proceedings are brought for possession of a dwelling-house let under a secure tenancy on any of the grounds set out in Part I or Part III of Schedule 2 (grounds 1 to 8 and 12 to 16: cases in which the court must be satisfied that it is reasonable to make a possession order), the court may adjourn the proceedings for such period or periods as it thinks fit.

(2)On the making of an order for possession of such a dwelling-house on any of those grounds, or at any time before the execution of the order, the court may—

(a)stay or suspend the execution of the order, or

(b)postpone the date of possession,

for such period or periods as the court thinks fit.

(3)On such an adjournment, stay, suspension or postponement the court—

(a)shall impose conditions with respect to the payment by the tenant of arrears of rent (if any) and rent F281. . . unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, and

(b)may impose such other conditions as it thinks fit.

[F282(4)The court may discharge or rescind the order for possession if it thinks it appropriate to do so having had regard to—

(a)any conditions imposed under subsection (3), and

(b)the conduct of the tenant in connection with those conditions.]

(5)F283. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A)F284. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F281Words in s. 85(3)(a) omitted (20.5.2009) and repealed (prosp.) by virtue of Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 3(2), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F283S. 85(5) omitted (20.5.2009) and repealed (prosp.) by virtue of Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 3(4), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F284S. 85(5A) omitted (20.5.2009) and repealed (prosp.) by virtue of Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 3(4), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F258F259[F28585ZA Review of decision to seek possession [F258on non-absolute grounds] on absolute ground for anti-social behaviour E+W

F258F259

(1)A tenant may request a review of a landlord's decision to seek an order for possession of a dwelling-house under section 84A if the interest of the landlord belongs to—

(a)a local housing authority, or

(b)a housing action trust.

(2)Such a request must be made in writing before the end of the period of 7 days beginning with the day on which the notice under section 83ZA is served.

(3)On a request being duly made to it, the landlord must review its decision.

(4)The landlord must notify the tenant in writing of the decision on the review.

(5)If the decision is to confirm the original decision, the landlord must also notify the tenant of the reasons for the decision.

(6)The review must be carried out, and the tenant notified, before the day specified in the notice under section 83ZA as the day after which proceedings for the possession of the dwelling-house may be begun.

(7)The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section that relates to an order for possession of a dwelling-house in England.

(8)The Welsh Ministers may by regulations make provision about the procedure to be followed in connection with a review under this section that relates to an order for possession of a dwelling-house in Wales.

(9)Regulations under subsections (7) and (8) may, in particular, make provision—

(a)requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and

(b)as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom the person may be represented at such a hearing.

(10)Regulations under this section—

(a)may contain transitional or saving provision;

(b)are to be made by statutory instrument which—

(i)in the case of regulations made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament;

(ii)in the case of regulations made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

Annotations:

Amendments (Textual)

F285S. 85ZA inserted (17.9.2014 for specified purposes, 20.10.2014 for E. in so far as not already in force) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 96, 185(1)(2)(c)(3)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 2, S.I. 2014/2590, art. 2(c)

[F28685AProceedings for possession: anti-social behaviourE+W

(1)This section applies if the court is considering under section 84(2)(a) whether it is reasonable to make an order for possession on ground 2 set out in Part 1 of Schedule 2 (conduct of tenant or other person).

(2)The court must consider, in particular—

(a)the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;

(b)any continuing effect the nuisance or annoyance is likely to have on such persons;

(c)the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated.]

Annotations:

Amendments (Textual)

F286S. 85A inserted (30.6.2004 for E. and 30.9.2004 for W.) by Anti-social Behaviour Act 2004 (c. 38), ss. 16(1), 93(2); S.I. 2004/1502, art. 2(a)(v) (subject to Sch.); S.I. 2004/2557, art. 2(a)(iii), Sch.

86 Periodic tenancy arising on termination of fixed term.E+W

(1)Where a secure tenancy (“the first tenancy”) is a tenancy for a term certain and comes to an end—

(a)by effluxion of time, or

(b)by an order of the court under section 82(3) (termination in pursuance of provision for re-entry or forfeiture),

a periodic tenancy of the same dwelling-house arises by virtue of this section, unless the tenant is granted another secure tenancy of the same dwelling-house (whether a tenancy for a term certain or a periodic tenancy) to begin on the coming to an end of the first tenancy.

(2)Where a periodic tenancy arises by virtue of this section—

(a)the periods of the tenancy are the same as those for which rent was last payable under the first tenancy, and

(b)the parties and the terms of the tenancy are the same as those of the first tenancy at the end of it;

except that the terms are confined to those which are compatible with a periodic tenancy and do not include any provision for re-entry or forfeiture.

Succession on death of tenantE+W

[F28786APersons qualified to succeed tenant: EnglandE+W

(1)A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if—

(a)P occupies the dwelling-house as P's only or principal home at the time of the tenant's death, and

(b)P is the tenant's spouse or civil partner.

(2)A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if—

(a)at the time of the tenant's death the dwelling-house is not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

(b)an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and

(c)P's succession is in accordance with that term.

(3)Subsection (1) or (2) does not apply if the tenant was a successor as defined in section 88.

(4)In such a case, a person (“P”) is qualified to succeed the tenant if—

(a)an express term of the tenancy makes provision for a person to succeed a successor to the tenancy, and

(b)P's succession is in accordance with that term.

(5)For the purposes of this section—

(a)a person who was living with the tenant as the tenant's wife or husband is to be treated as the tenant's spouse, and

(b)a person who was living with the tenant as if they were civil partners is to be treated as the tenant's civil partner.

(6)Subsection (7) applies if, on the death of the tenant, there is by virtue of subsection (5) more than one person who fulfils the condition in subsection (1)(b).

(7)Such one of those persons as may be agreed between them or as may, where there is no such agreement, be selected by the landlord is for the purpose of this section to be treated (according to whether that one of them is of the opposite sex to, or of the same sex as, the tenant) as the tenant's spouse or civil partner.]

Annotations:

Amendments (Textual)

87 Persons qualified to succeed tenant[F288: Wales].E+W

A person is qualified to succeed the tenant under a secure tenancy [F289of a dwelling-house in Wales] if he occupies the dwelling-house as his only or principal home at the time of the tenant’s death and either—

(a)he is the tenant’s spouse [F290or civil partner] , or

(b)he is another member of the tenant’s family and has resided with the tenant throughout the period of twelve months ending with the tenant’s death;

unless, in either case, the tenant was himself a successor, as defined in section 88.

Annotations:

Amendments (Textual)

F288Word in s. 87 heading inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 160(2)(a), 240(2) (with s. 160(6)); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F289Words in s. 87 inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 160(2)(b), 240(2) (with s. 160(6)); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

Modifications etc. (not altering text)

C76s. 87 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 2(3); S.I. 1993/2134, arts. 2, 5(a).

88 Cases where the tenant is a successor.E+W

(1)The tenant is himself a successor if—

(a)the tenancy vested in him by virtue of section 89 (succession to a periodic tenancy), or

(b)he was a joint tenant and has become the sole tenant, or

(c)the tenancy arose by virtue of section 86 (periodic tenancy arising on ending of term certain) and the first tenancy there mentioned was granted to another person or jointly to him and another person, or

(d)he became the tenant on the tenancy being assigned to him (but subject to subsections [F291(2) to (3)] , or

(e)he became the tenant on the tenancy being vested in him on the death of the previous tenant [F292or.]

[F292(f)the tenancy was previously an introductory tenancy and he was a successor to the introductory tenancy.]

(2)A tenant to whom the tenancy was assigned in pursuance of an order under section 24 of the M15Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) [F293or section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.)]is a successor only if the other party to the marriage was a successor.

[F294(2A) A tenant to whom the tenancy was assigned in pursuance of an order under Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ) is a successor only if the other civil partner was a successor. ]

(3)A tenant to whom the tenancy was assigned by virtue of section 92 (assignments by way of exchange) is a successor only if he was a successor in relation to the tenancy which he himself assigned by virtue of that section.

(4)Where within six months of the coming to an end of a secure tenancy which is a periodic tenancy (“the former tenancy”) the tenant becomes a tenant under another secure tenancy which is a periodic tenancy, and—

(a)the tenant was a successor in relation to the former tenancy, and

(b)under the other tenancy either the dwelling-house or the landlord, or both, are the same as under the former tenancy,

the tenant is also a successor in relation to the other tenancy unless the agreement creating that tenancy otherwise provides.

Annotations:

Amendments (Textual)

F292S. 88(1)(f) and word “or” immediately preceding it inserted (4.2.1997) by 1996 c. 52, s. 141(1), Sch. 14 para. 1; S.I. 1997/66, art. 2 (with savings in Sch.)

F293Words in s. 88(2) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 9; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

Modifications etc. (not altering text)

C77s. 88 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para.2(3); S.I. 1993/2134, arts. 2, 5(a).

Marginal Citations

89 Succession to periodic tenancy.E+W

(1)This section applies where a secure tenant dies and the tenancy is a periodic tenancy.

[F295(1A)Where there is a person qualified to succeed the tenant under section 86A, the tenancy vests by virtue of this section—

(a)in that person, or

(b)if there is more than one such person, in such one of them as may be agreed between them or as may, where there is no agreement, be selected by the landlord.]

(2)Where there is a person qualified to succeed the tenant [F296under section 87], the tenancy vests by virtue of this section in that person, or if there is more than one such person in the one to be preferred in accordance with the following rules—

(a)the tenant’s spouse [F297or civil partner] is to be preferred to another member of the tenant’s family;

(b)of two or more other members of the tenant’s family such of them is to be preferred as may be agreed between them or as may, where there is no such agreement, be selected by the landlord.

F298 [( 3 )Where there is no person qualified to succeed the tenant, the tenancy ceases to be a secure tenancy—

(a)when it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, unless the vesting or other disposal is in pursuance of an order made under—

(i)section 24 of the Matrimonial Causes Act 1973 (property adjustment orders made in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F299 . . .

(iii)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) [F300, or

(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ) ]

(b)when it is known that when the tenancy is so vested or disposed of it will not be in pursuance of such an order.]

(4)A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.

Annotations:

Amendments (Textual)

F295S. 89(1A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 160(3)(4)240(2) (with s. 160(6)); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F296Words in s. 89(2) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 160(5), 240(2) (with s. 160(6)); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F297Words in s. 89(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263(2), Sch. 8 para. 22(2), S.I. 2005/3175, {art. 2(1)}, Sch. 1

F298S. 89(3) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 10; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F299Word at the end of s. 89(3)(a)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263(2), Sch. 30; S.I. 2005/3175, art. 2(6)

F300S. 89(3)(iv) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 22(3); S.I. 2005/3175, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C78S. 89 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 2(3); S.I. 1993/2134, arts. 2, 5(a).

90 Devolution of term certain.E+W

(1)This section applies where a secure tenant dies and the tenancy is a tenancy for a term certain.

(2)The tenancy remains a secure tenancy until—

(a)it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, as mentioned in subsection (3), or

(b)it is known that when it is so vested or disposed of it will not be a secure tenancy.

(3)The tenancy ceases to be a secure tenancy on being vested or otherwise disposed of in the course of administration of the tenant’s estate, unless—

F301 [( a )the vesting or other disposal is in pursuance of an order made under—

(i)section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F302 . . .

(iii)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents), or

[F303(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ), or ]]

(b)the vesting or other disposal is to a person qualifed to succeed the tenant.

(4)A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.

[F304(5)The following provisions apply where a tenancy that was a secure tenancy of a dwelling-house in England—

(a)has been vested or otherwise disposed of in the course of the administration of the secure tenant's estate, and

(b)has ceased to be a secure tenancy by virtue of this section.

(6)Subject as follows, the landlord may apply to the court for an order for possession of the dwelling-house let under the tenancy.

(7)The court may not entertain proceedings for an order for possession under this section unless—

(a)the landlord has served notice in writing on the tenant—

(i)stating that the landlord requires possession of the dwelling-house, and

(ii)specifying a date after which proceedings for an order for possession may be begun, and

(b)that date has passed without the tenant giving up possession of the dwelling-house.

(8)The date mentioned in subsection (7)(a)(ii) must fall after the end of the period of four weeks beginning with the date on which the notice is served on the tenant.

(9)On an application to the court for an order for possession under this section, the court must make such an order if it is satisfied that subsection (5) applies to the tenancy.

(10)The tenancy ends when the order is executed.]

Annotations:

Amendments (Textual)

F301S. 90(3)(a) substituted for s. 90(3)(a) and the word “or”at the end of the paragraph (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 11; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F302Words at the end of s. 90(3)(a)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263(10)(c), Sch. 30; S.I. 2005/3175, art. 2(6)

F304S. 90(5)-(10) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 162(1), 240(2); S.I. 2012/628, art. 6(b) (with arts. 9, 11, 14, 15, 17)

Modifications etc. (not altering text)

C79S. 90 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 2(3); S.I. 1993/2134, arts. 2, 5(a).

Assignment, lodgers and subletting