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Housing Act 1988

1988 CHAPTER 50

An Act to make further provision with respect to dwelling-houses let on tenancies or occupied under licences; to amend the Rent Act 1977 and the Rent (Agriculture) Act 1976; to establish a body, Housing for Wales, having functions relating to housing associations; to amend the Housing Associations Act 1985 and to repeal and re-enact with amendments certain provisions of Part II of that Act; to make provision for the establishment of housing action trusts for areas designated by the Secretary of State; to confer on persons approved for the purpose the right to acquire from public sector landlords certain dwelling-houses occupied by secure tenants; to make further provision about rent officers, the administration of housing benefit and rent allowance subsidy, the right to buy, repair notices and certain disposals of land and the application of capital money arising thereon; to make provision consequential upon the Housing (Scotland) Act 1988; and for connected purposes.

[15th November 1988]

X1Be 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:—

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Editorial Information

X1The text of ss. 1–45, 115–121, 138–141, Schs. 1–4, 13, 14, Sch. 17 paras. 1–17, 21–26, 29–36, 67–76, 81–88, 90, 98–100, 114, Sch. 18 was taken from S.I.F. Group 75:1(Landlord and Tenant: General, England and Wales); the text of ss. 46–114, 121–141, Schs. 5–12, 15–18 was taken from S.I.F. Group 61 (Housing); provisions omitted from S.I.F. have been dealt with as referred to in other commentary

Modifications etc. (not altering text)

C1Act restricted (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 6(1)(b); S.I. 1993/1655, art. 2

C2Act excluded (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. II para.8; S.I. 1993/2762, art. 3

Act excluded (1.10.1998) by 1975 c. 70, Sch. 4 Pt. IV para. 16 (as inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

Act excluded (25.11.1999 for the purposes of regional development agencies established on that date, otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 para. 5; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2

C3Act: certain functions of a Minister of the Crown in so far as exercisable in relation to Wales transferred to the National Assembly for Wales (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Part IE+W Rented Accommodation

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Modifications etc. (not altering text)

C6Part I (ss. 1-45) definition applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167(3), 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

C8Pt. I (ss. 1-45) restricted (1.11.1993) by 1993 c. 28, s. 59(2)(c)(iii); S.I. 1993/2134, arts. 2, 5

Pt. I (ss. 1-45) excluded (3.3.1997) by 1985 c. 68, s. 348D(5) (as inserted (3.3.1997) by 1996 c. 52, s. 67(1) (with s. 70); S.I. 1997/350, art. 2

Pt. I (ss. 1-45) modified (1.10.1996) by 1996 c. 27, s. 30(4)(b); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

C9Pt. 1 excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing 2004 (c. 34), {ss. 33}, 270(3); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

chapter IE+W Assured Tenancies

Meaning of assured tenancy etc.E+W

1 Assured tenancies.E+W

(1)A tenancy under which a dwelling-house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as—

(a)the tenant or, as the case may be, each of the joint tenants is an individual; and

(b)the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling-house as his only or principal home; and

(c)the tenancy is not one which, by virtue of subsection (2) or subsection (6) below, cannot be an assured tenancy.

(2)Subject to subsection (3) below, if and so long as a tenancy falls within any paragraph in Part I of Schedule 1 to this Act, it cannot be an assured tenancy; and in that Schedule—

(a)tenancy” means a tenancy under which a dwelling-house is let as a separate dwelling;

(b)Part II has effect for determining the rateable value of a dwelling-house for the purposes of Part I; and

(c)Part III has effect for supplementing paragraph 10 in Part I.

[F1(2A)The Secretary of State may by order replace any amount referred to in paragraphs 2 and 3A of Schedule 1 to this Act by such amount as is specified in the order; and such an order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(3)Except as provided in Chapter V below, at the commencement of this Act, a tenancy—

(a)under which a dwelling-house was then let as a separate dwelling, and

(b)which immediately before that commencement was an assured tenancy for the purposes of sections 56 to 58 of the M1Housing Act 1980 (tenancies granted by approved bodies),

shall become an assured tenancy for the purposes of this Act.

(4)In relation to an assured tenancy falling within subsection (3) above—

(a)Part I of Schedule 1 to this Act shall have effect, subject to subsection (5) below, as if it consisted only of paragraphs 11 and 12; and

(b)sections 56 to 58 of the Housing Act 1980 (and Schedule 5 to that Act) shall not apply after the commencement of this Act.

(5)In any case where—

(a)immediately before the commencement of this Act the landlord under a tenancy is a fully mutual housing association, and

(b)at the commencement of this Act the tenancy becomes an assured tenancy by virtue of subsection (3) above,

then, so long as that association remains the landlord under that tenancy (and under any statutory periodic tenancy which arises on the coming to an end of that tenancy), paragraph 12 of Schedule 1 to this Act shall have effect in relation to that tenancy with the omission of sub-paragraph (1)(h).

F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F2S. 1(6)(7) repealed (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2 (subject to transitional provisions in Sch. para. 1)

Modifications etc. (not altering text)

C10S. 1(2) excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 18(6)(b); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C11S. 1(2) excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 12(5)(b) (with Sch. 7 para. 12(9)); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C12S. 1(2) excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 4(5)(b); S.I. 2006/1060 {art. 2(1)(a)} (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C13S. 1(2) excluded (16.6.2006 for W. and 6.4.2006 for E.) by Housing Act 2004 (c. 34), ss. 124(8), 270 (with s. 124(9)(10)); S.I. 2006/1535, art. 2(a) (with Sch.); S.I. 2006/1060, art. 2

Marginal Citations

2 Letting of a dwelling-house together with other land.E+W

(1)If, under a tenancy, a dwelling-house is let together with other land, then, for the purposes of this Part of this Act,—

(a)if and so long as the main purpose of the letting is the provision of a home for the tenant or, where there are joint tenants, at least one of them, the other land shall be treated as part of the dwelling-house; and

(b)if and so long as the main purpose of the letting is not as mentioned in paragraph (a) above, the tenancy shall be treated as not being one under which a dwelling-house is let as a separate dwelling.

(2)Nothing in subsection (1) above affects any question whether a tenancy is precluded from being an assured tenancy by virtue of any provision of Schedule 1 to this Act.

3 Tenant sharing accommodation with persons other than landlord.E+W

(1)Where a tenant has the exclusive occupation of any accommodation (in this section referred to as “the separate accommodation”) and—

(a)the terms as between the tenant and his landlord on which he holds the separate accommodation include the use of other accommodation (in this section referred to as “the shared accommodation”) in common with another person or other persons, not being or including the landlord, and

(b)by reason only of the circumstances mentioned in paragraph (a) above, the separate accommodation would not, apart from this section, be a dwelling-house let on an assured tenancy,

the separate accommodation shall be deemed to be a dwelling-house let on an assured tenancy and the following provisions of this section shall have effect.

(2)For the avoidance of doubt it is hereby declared that where, for the purpose of determining the rateable value of the separate accommodation, it is necessary to make an apportionment under Part II of Schedule 1 to this Act, regard is to be had to the circumstances mentioned in subsection (1)(a) above.

(3)While the tenant is in possession of the separate accommodation, any term of the tenancy terminating or modifying, or providing for the termination or modification of, his right to the use of any of the shared accommodation which is living accommodation shall be of no effect.

(4)Where the terms of the tenancy are such that, at any time during the tenancy, the persons in common with whom the tenant is entitled to the use of the shared accommodation could be varied or their number could be increased, nothing in subsection (3) above shall prevent those terms from having effect so far as they relate to any such variation or increase.

(5)In this section “living accommodation” means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is sufficient, apart from this section, to prevent the tenancy from constituting an assured tenancy of a dwelling-house.

4 Certain sublettings not to exclude any part of sub-lessor’s premises from assured tenancy.E+W

(1)Where the tenant of a dwelling-house has sub-let a part but not the whole of the dwelling-house, then, as against his landlord or any superior landlord, no part of the dwelling-house shall be treated as excluded from being a dwelling-house let on an assured tenancy by reason only that the terms on which any person claiming under the tenant holds any part of the dwelling-house include the use of accommodation in common with other persons.

(2)Nothing in this section affects the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any two such persons.

Security of tenureE+W

5 Security of tenure.E+W

[F3(1)An assured tenancy cannot be brought to an end by the landlord except by—

(a)obtaining—

(i)an order of the court for possession of the dwelling-house under section 7 or 21, and

(ii)the execution of the order,

(b)obtaining an order of the court under section 6A (demotion order), or

(c)in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power,

and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy.

(1A)Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.]

F3(2)If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of—

(a)an order of the court [F4of the kind mentioned in subsection (1)(a) or (b) or any other order of the court]F4, or

(b)a surrender or other action on the part of the tenant,

then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.

(3)The periodic tenancy referred to in subsection (2) above is one—

(a)taking effect in possession immediately on the coming to an end of the fixed term tenancy;

(b)deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;

(c)under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;

(d)under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and

(e)under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.

(4)The periodic tenancy referred to in subsection (2) above shall not arise if, on the coming to an end of the fixed term tenancy, the tenant is entitled, by virtue of the grant of another tenancy, to possession of the same or substantially the same dwelling-house as was let to him under the fixed term tenancy.

(5)If, on or before the date on which a tenancy is entered into or is deemed to have been granted as mentioned in subsection (3)(b) above, the person who is to be the tenant under that tenancy—

(a)enters into an obligation to do any act which (apart from this subsection) will cause the tenancy to come to an end at a time when it is an assured tenancy, or

(b)executes, signs or gives any surrender, notice to quit or other document which (apart from this subsection) has the effect of bringing the tenancy to an end at a time when it is an assured tenancy,

the obligation referred to in paragraph (a) above shall not be enforceable or, as the case may be, the surrender, notice to quit or other document referred to in paragraph (b) above shall be of no effect.

[F5(5A)Nothing in subsection (5) affects any right of pre-emption—

(a)which is exercisable by the landlord under a tenancy in circumstances where the tenant indicates his intention to dispose of the whole of his interest under the tenancy, and

(b)in pursuance of which the landlord would be required to pay, in respect of the acquisition of that interest, an amount representing its market value.

  • Dispose” means dispose by assignment or surrender, and “acquisition” has a corresponding meaning.]

F5(6)If, by virtue of any provision of this Part of this Act, Part I of Schedule 1 to this Act has effect in relation to a fixed term tenancy as if it consisted only of paragraphs 11 and 12, that Part shall have the like effect in relation to any periodic tenancy which arises by virtue of this section on the coming to an end of the fixed term tenancy.

(7)Any reference in this Part of this Act to a statutory periodic tenancy is a reference to a periodic tenancy arising by virtue of this section.

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Amendments (Textual)

6 Fixing of terms of statutory periodic tenancy.E+W

(1)In this section, in relation to a statutory periodic tenancy,—

(a)the former tenancy” means the fixed term tenancy on the coming to an end of which the statutory periodic tenancy arises; and

(b)the implied terms” means the terms of the tenancy which have effect by virtue of section 5(3)(e) above, other than terms as to the amount of the rent;

but nothing in the following provisions of this section applies to a statutory periodic tenancy at a time when, by virtue of paragraph 11 or paragraph 12 in Part 1 of Schedule 1 to this Act, it cannot be an assured tenancy.

(2)Not later than the first anniversary of the day on which the former tenancy came to an end, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form proposing terms of the statutory periodic tenancy different from the implied terms and, if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms.

(3)Where a notice has been served under subsection (2) above,—

(a)within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to a rent assessment committee under subsection (4) below; and

(b)if the notice is not so referred, then, with effect from such date, not falling within the period referred to in paragraph (a) above, as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed.

(4)Where a notice under subsection (2) above is referred to a rent assessment committee, the committee shall consider the terms proposed in the notice and shall determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the committee’s opinion, might reasonably be expected to be found in an assured periodic tenancy of the dwelling-house concerned, being a tenancy—

(a)which begins on the coming to an end of the former tenancy; and

(b)which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the statutory periodic tenancy at the time of the committee’s consideration.

(5)Whether or not a notice under subsection (2) above proposes an adjustment of the amount of the rent under the statutory periodic tenancy, where a rent assessment committee determine any terms under subsection (4) above, they shall, if they consider it appropriate, specify such an adjustment to take account of the terms so determined.

(6)In making a determination under subsection (4) above, or specifying an adjustment of an amount of rent under subsection (5) above, there shall be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant.

(7)Where a notice under subsection (2) above is referred to a rent assessment committee, then, unless the landlord and the tenant otherwise agree, with effect from such date as the committee may direct—

(a)the terms determined by the committee shall become terms of the statutory periodic tenancy in substitution for any of the implied terms dealing with the same subject matter; and

(b)the amount of the rent under the statutory periodic tenancy shall be altered to accord with any adjustment specified by the committee;

but for the purposes of paragraph (b) above the committee shall not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice referred to them.

(8)Nothing in this section requires a rent assessment committee to continue with a determination under subsection (4) above if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.

[F66ADemotion because of anti-social behaviourE+W

(1)This section applies to an assured tenancy if the landlord is a registered social landlord.

(2)The landlord may apply to a county court for a demotion order.

(3)A demotion order has the following effect—

(a)the assured 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 assured 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 assured 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 engage in conduct to which section 153A or 153B of the Housing Act 1996 (anti-social behaviour or use of premises for unlawful purposes) applies, and

(b)that it is reasonable to make the order.

(5)The court must not entertain proceedings for a demotion order unless—

(a)the landlord has served on the tenant a notice under subsection (6), or

(b)the court thinks it is just and equitable to dispense with the requirement of the notice.

(6)The notice must—

(a)give particulars of the conduct in respect of which the order is sought;

(b)state that the proceedings will not begin before the date specified in the notice;

(c)state that the proceedings will not begin after the end of the period of twelve months beginning with the date of service of the notice.

(7)The date specified for the purposes of subsection (6)(b) must not be before the end of the period of two weeks beginning with the date of service of the notice.

(8)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 assured 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.

(9)Subsection (8)(b) does not apply if the assured tenancy was for a fixed term and in such a case the demoted tenancy is a weekly periodic tenancy.

(10)If the landlord of the demoted tenancy serves on the tenant a statement of any other express terms of the assured tenancy which are to apply to the demoted tenancy such terms are also terms of the demoted tenancy.

(11)For the purposes of this section a demoted tenancy is a tenancy to which section 20B of the Housing Act 1988 applies.]

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Amendments (Textual)

F6S. 6A inserted (30.6.2004 for E. and 30.4.2005 for W.) by Anti-Social Behaviour Act 2003 (c. 38), s. 14(4); S.I. 2004/1502, art. 2(a)(iii) (with savings in Sch.); S.I. 2005/1225, art. 2(b)

7 Orders for possession.E+W

(1)The court shall not make an order for possession of a dwelling-house let on an assured tenancy except on one or more of the grounds set out in Schedule 2 to this Act; but nothing in this Part of this Act relates to proceedings for possession of such a dwelling-house which are brought by a mortgagee, within the meaning of the M2Law of Property Act 1925, who has lent money on the security of the assured tenancy.

(2)The following provisions of this section have effect, subject to section 8 below, in relation to proceedings for the recovery of possession of a dwelling-house let on an assured tenancy.

(3)If the court is satisfied that any of the grounds in Part I of Schedule 2 to this Act is established then, subject to [F7subsections (5A) and (6)] below, the court shall make an order for possession.

(4)If the court is satisfied that any of the grounds in Part II of Schedule 2 to this Act is established, then, subject to [F8subsections (5A) and (6)] below, the court may make an order for possession if it considers it reasonable to do so.

(5)Part III of Schedule 2 to this Act shall have effect for supplementing Ground 9 in that Schedule and Part IV of that Schedule shall have effect in relation to notices given as mentioned in Grounds 1 to 5 of that Schedule.

[F9(5A)The court shall not make an order for possession of a dwellinghouse let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 on any of the following grounds, that is to say,—

(a)Grounds 1, 2 and 5 in Part I of Schedule 2 to this Act;

(b)Ground 16 in Part II of that Schedule; and

(c)if the assured periodic tenancy arose on the termination of a former 1954 Act tenancy, within the meaning of the said Schedule 10, Ground 6 in Part I of Schedule 2 to this Act.]

(6)The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless—

(a)the ground for possession is Ground 2 or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and

(b)the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).

(7)Subject to the preceding provisions of this section, the court may make an order for possession of a dwelling-house on grounds relating to a fixed term tenancy which has come to an end; and where an order is made in such circumstances, any statutory periodic tenancy which has arisen on the ending of the fixed term tenancy shall end (without any notice and regardless of the period) [F10in accordance with section 5(1A)]F10.

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Amendments (Textual)

Marginal Citations

8 Notice of proceedings for possession.E+W

(1)The court shall not entertain proceedings for possession of a dwelling-house let on an assured tenancy unless—

(a)the landlord or, in the case of joint landlords, at least one of them has served on the tenant a notice in accordance with this section and the proceedings are begun within the time limits stated in the notice in accordance with [F11subsections (3) to (4B)] below; or

(b)the court considers it just and equitable to dispense with the requirement of such a notice.

(2)The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court.

(3)A notice under this section is one in the prescribed form informing the tenant that—

(a)the landlord intends to begin proceedings for possession of the dwelling-house on one or more of the grounds specified in the notice; and

(b)those proceedings will not begin earlier than a date specified in the notice [F12in accordance with subsections (4) to (4B) below]; and

(c)those proceedings will not begin later than twelve months from the date of service of the notice.

[F13(4)If a notice under this section specifies in accordance with subsection (3)(a) above Ground 14 in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the date of the service of the notice.

(4A)If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than—

(a)two months from the date of service of the notice; and

(b)if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section.

(4B)In any other case, the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the expiry of the period of two weeks from the date of the service of the notice.]

(5)The court may not exercise the power conferred by subsection (1)(b) above if the landlord seeks to recover possession on Ground 8 in Schedule 2 to this Act.

(6)Where a notice under this section—

(a)is served at a time when the dwelling-house is let on a fixed term tenancy, or

(b)is served after a fixed term tenancy has come to an end but relates (in whole or in part) to events occurring during that tenancy,

the notice shall have effect notwithstanding that the tenant becomes or has become tenant under a statutory periodic tenancy arising on the coming to an end of the fixed term tenancy.

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Amendments (Textual)

F11Words in s. 8(1)(a) substituted (28.2.1997) by 1996 c. 52, s. 151(2); S.I. 1997/225, art. 1 (with Sch.)

F12Words in s. 8(3)(b) substituted (28.2.1997) by 1996 c. 52, s. 151(3); S.I. 1997/225, art. 1 (with Sch.)

F13S. 8: subsections (4)-(4B) substituted for subsection (4) (28.2.1997) by 1996 c. 52, s. 151(4); S.I. 1997/225, art. 2 (with Sch.)

[F148A Additional notice requirements: ground of domestic violence.E+W

(1)Where the ground specified in a notice under section 8 (whether with or without other grounds) is Ground 14A in Schedule 2 to this Act and 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 possession of the dwelling-house unless—

(a)the landlord or, in the case of joint landlords, at least one of them has served on the partner who has left a copy of the notice or has taken all reasonable steps to serve a copy of the notice on that partner, or

(b)the court considers it just and equitable to dispense with such requirements as to service.

(2)Where Ground 14A in Schedule 2 to this Act is added to a notice under section 8 with the leave of the court after proceedings for possession are begun and 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—

(a)the landlord or, in the case of joint landlords, at least one of them has served a notice under subsection (3) below on the partner who has left or has taken all reasonable steps to serve such a notice on that partner, or

(b)the court considers it just and equitable to dispense with the requirement of such a notice.

(3)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.]

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Amendments (Textual)

F14S. 8A inserted (28.2.1997) by 1996 c. 52, s. 150; S.I. 1997/225, art. 2 (with Sch.)

9 Extended discretion of court in possession claims.E+W

(1)Subject to subsection (6) below, the court may adjourn for such period or periods as it thinks fit proceedings for possession of a dwelling-house let on an assured tenancy.

(2)On the making of an order for possession of a dwelling-house let on an assured tenancy or at any time before the execution of such an order, the court, subject to subsection (6) below, may—

(a)stay or suspend execution of the order, or

(b)postpone the date of possession,

for such period or periods as the court thinks just.

(3)On any such adjournment as is referred to in subsection (1) above or on any such stay, suspension or postponement as is referred to in subsection (2) above, the court, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, shall impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent F15... and may impose such other conditions as it thinks fit.

(4)If any such conditions as are referred to in subsection (3) above are complied with, the court may, if it thinks fit, discharge or rescind any such order as is referred to in subsection (2) above.

(5)F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A)F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)This section does not apply if the court is satisfied that the landlord is entitled to possession of the dwelling-house—

(a)on any of the grounds in Part I of Schedule 2 to this Act; or

(b)by virtue of subsection (1) or subsection (4) of section 21 below.

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Amendments (Textual)

F15Words in s. 9(3) omitted (20.5.2009) by virtue of and repealed (prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 8(2), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, {arts. 2, 3}

F16S. 9(5)(5A) omitted (20.5.2009) by virtue of and repealed (prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 8(4), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, {arts. 2, 3}

[F179AProceedings for possession: anti-social behaviourE+W

(1)This section applies if the court is considering under section 7(4) whether it is reasonable to make an order for possession on ground 14 set out in Part 2 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.]

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Amendments (Textual)

F17S. 9A inserted (30.6.2004 for E. and 30.9.2004 for W.) by Anti-Social Behaviour Act 2003 (c. 38), s. 16(2); S.I. 2004/1502, art. 2(a)(v) (with Sch.) and S.I. 2004/2557, art. 2(a)(iii) (with Sch.)

10 Special provisions applicable to shared accommodation.E+W

(1)This section applies in a case falling within subsection (1) of section 3 above and expressions used in this section have the same meaning as in that section.

(2)Without prejudice to the enforcement of any order made under subsection (3) below, while the tenant is in possession of the separate accommodation, no order shall be made for possession of any of the shared accommodation, whether on the application of the immediate landlord of the tenant or on the application of any person under whom that landlord derives title, unless a like order has been made, or is made at the same time, in respect of the separate accommodation; and the provisions of section 6 above shall have effect accordingly.

(3)On the application of the landlord, the court may make such order as it thinks just either—

(a)terminating the right of the tenant to use the whole or any part of the shared accommodation other than living accommodation; or

(b)modifying his right to use the whole or any part of the shared accommodation, whether by varying the persons or increasing the number of persons entitled to the use of that accommodation or otherwise.

(4)No order shall be made under subsection (3) above so as to effect any termination or modification of the rights of the tenant which, apart from section 3(3) above, could not be effected by or under the terms of the tenancy.

11 Payment of removal expenses in certain cases.E+W

(1)Where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6 or Ground 9 in Schedule 2 to this Act (but not on any other ground), the landlord shall pay to the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the dwelling-house.

(2) Any question as to the amount of the sum referred to in subsection (1) above shall be determined by agreement between the landlord and the tenant or, in default of agreement, by the court.

(3)Any sum payable to a tenant by virtue of this section shall be recoverable as a civil debt due from the landlord.

12 Compensation for misrepresentation or concealment.E+W

Where a landlord obtains an order for possession of a dwelling-house let on an assured tenancy on one or more of the grounds in Schedule 2 to this Act and it is subsequently made to appear to the court that the order was obtained by misrepresentation or concealment of material facts, the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order.

Rent and other termsE+W

13 Increases of rent under assured periodic tenancies.E+W

(1)This section applies to—

(a)a statutory periodic tenancy other than one which, by virtue of paragraph 11 or paragraph 12 in Part I of Schedule 1 to this Act, cannot for the time being be an assured tenancy; and

(b)any other periodic tenancy which is an assured tenancy, other than one in relation to which there is a provision, for the time being binding on the tenant, under which the rent for a particular period of the tenancy will or may be greater than the rent for an earlier period.

(2)For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than—

(a)the minimum period after the date of the service of the notice; and

(b)except in the case of a statutory periodic [F18 tenancy—

(i)in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began;

(ii)in any other case, on the date that falls 52 weeks after the date on which the first period of the tenancy began; and]

F18(c)if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14 [F19 below—

(i)in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect;

(ii)in any other case, the appropriate date]

F19(3)The minimum period referred to in subsection (2) above is—

(a)in the case of a yearly tenancy, six months;

(b)in the case of a tenancy where the period is less than a month, one month; and

(c)in any other case, a period equal to the period of the tenancy.

[F20(3A)The appropriate date referred to in subsection (2)(c)(ii) above is—

(a)in a case to which subsection (3B) below applies, the date that falls 53 weeks after the date on which the increased rent took effect;

(b)in any other case, the date that falls 52 weeks after the date on which the increased rent took effect.

(3B)This subsection applies where—

(a)the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 below on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies)(Rent Increases) Order 2003; and

(b)the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect.]

F20(4)Where a notice is served under subsection (2) above, a new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice,—

(a)the tenant by an application in the prescribed form refers the notice to a rent assessment committee; or

(b)the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.

(5)Nothing in this section (or in section 14 below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).

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Amendments (Textual)

14 Determination of rent by rent assessment committee.E+W

(1)Where, under subsection (4)(a) of section 13 above, a tenant refers to a rent assessment committee a notice under subsection (2) of that section, the committee shall determine the rent at which, subject to subsections (2) and (4) below, the committee consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy—

(a)which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates;

(b)which begins at the beginning of the new period specified in the notice;

(c)the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; and

(d)in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have been given (or have effect as if given) in relation to the tenancy to which the notice relates.

(2)In making a determination under this section, there shall be disregarded—

(a)any effect on the rent attributable to the granting of a tenancy to a sitting tenant;

(b)any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement—

(i)was carried out otherwise than in pursuance of an obligation to his immediate landlord, or

(ii)was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement; and

(c)any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy.

(3)For the purposes of subsection (2)(b) above, in relation to a notice which is referred by a tenant as mentioned in subsection (1) above, an improvement is a relevant improvement if either it was carried out during the tenancy to which the notice relates or the following conditions are satisfied, namely—

(a)that it was carried out not more than twenty-one years before the date of service of the notice; and

(b)that, at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice, the dwelling-house has been let under an assured tenancy; and

(c)that, on the coming to an end of an assured tenancy at any time during that period, the tenant (or, in the case of joint tenants, at least one of them) did not quit.

[F21(3A)In making a determination under this section in any case where under Part I of the Local Government Finance Act 1992 the landlord or a superior landlord is liable to pay council tax in respect of a hereditament ( “the relevant hereditament”) of which the dwelling-house forms part, the rent assessment committee shall have regard to the amount of council tax which, as at the date on which the notice under section 13(2) above was served, was set by the billing authority—

(a)for the financial year in which that notice was served, and

(b)for the category of dwellings within which the relevant hereditament fell on that date,

but any discount or other reduction affecting the amount of council tax payable shall be disregarded.

(3B)In subsection (3A) above—

(a) “hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992,

(b) “billing authority” has the same meaning as in that Part of that Act, and

(c) “category of dwellings” has the same meaning as in section 30(1) and (2) of that Act.]

(4)In this section “rent” does not include any service charge, within the meaning of section 18 of the M3Landlord and Tenant Act 1985, but, subject to that, includes any sums payable by the tenant to the landlord on account of the use of furniture [F22, in respect of council tax] or for any of the matters referred to in subsection (1)(a) of that section, whether or not those sums are separate from the sums payable for the occupation of the dwelling-house concerned or are payable under separate agreements.

(5)Where any rates in respect of the dwelling-house concerned are borne by the landlord or a superior landlord, the rent assessment committee shall make their determination under this section as if the rates were not so borne.

(6)In any case where—

(a)a rent assessment committee have before them at the same time the reference of a notice under section 6(2) above relating to a tenancy (in this subsection referred to as “the section 6 reference”) and the reference of a notice under section 13(2) above relating to the same tenancy (in this subsection referred to as “the section 13 reference”), and

(b)the date specified in the notice under section 6(2) above is not later than the first day of the new period specified in the notice under section 13(2) above, and

(c)the committee propose to hear the two references together,

the committee shall make a determination in relation to the section 6 reference before making their determination in relation to the section 13 reference and, accordingly, in such a case the reference in subsection(1)(c) above to the terms of the tenancy to which the notice relates shall be construed as a reference to those terms as varied by virtue of the determination made in relation to the section 6 reference.

(7)Where a notice under section 13(2) above has been referred to a rent assessment committee, then, unless the landlord and the tenant otherwise agree, the rent determined by the committee (subject, in a case where subsection (5) above applies, to the addition of the appropriate amount in respect of rates) shall be the rent under the tenancy with effect from the beginning of the new period specified in the notice or, if it appears to the rent assessment committee that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the rent is determined) as the committee may direct.

(8)Nothing in this section requires a rent assessment committee to continue with their determination of a rent for a dwelling-house if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.

[F23(9)This section shall apply in relation to an assured shorthold tenancy as if in subsection (1) the reference to an assured tenancy were a reference to an assured shorthold tenancy.]

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Amendments (Textual)

F22Words in s. 14(4) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 17(3)

Modifications etc. (not altering text)

Marginal Citations

[F2414A Interim increase before 1st April 1994 of rent under assured periodic tenancies in certain cases where landlord liable for council taxE+W

(1)In any case where—

(a)under Part I of the Local Government Finance Act 1992 the landlord of a dwelling-house let under an assured tenancy to which section 13 above applies or a superior landlord is liable to pay council tax in respect of a dwelling (within the meaning of that Part of that Act) which includes that dwelling-house,

(b)under the terms of the tenancy (or an agreement collateral to the tenancy) the tenant is liable to make payments to the landlord in respect of council tax,

(c)the case falls within subsection (2) or subsection (3) below, and

(d)no previous notice under this subsection has been served in relation to the dwelling-house,

the landlord may serve on the tenant a notice in the prescribed form proposing an increased rent to take account of the tenant’s liability to make payments to the landlord in respect of council tax, such increased rent to take effect at the beginning of a new period of the tenancy specified in the notice being a period beginning not earlier than one month after the date on which the notice was served.

(2)The case falls within this subsection if—

(a)the rent under the tenancy has previously been increased by virtue of a notice under section 13(2) above or a determination under section 14 above, and

(b)the first anniversary of the date on which the increased rent took effect has not yet occurred.

(3)The case falls within this subsection if a notice has been served under section 13(2) above before 1st April 1993 but no increased rent has taken effect before that date.

(4)No notice may be served under subsection (1) above after 31st March 1994.

(5)Where a notice is served under subsection (1) above, the new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice—

(a)the tenant by an application in the prescribed form refers the notice to a rent assessment committee, or

(b)the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.

(6)Nothing in this section (or in section 14B below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).]

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Amendments (Textual)

F2514B Interim determination of rent by rent assessment committeeE+W

(1)Where, under subsection (5)(a) of section 14A above, a tenant refers to a rent assessment committee a notice under subsection (1) of that section, the committee shall determine the amount by which, having regard to the provisions of section 14(3A) above, the existing rent might reasonably be increased to take account of the tenant’s liability to make payments to the landlord in respect of council tax.

(2)Where a notice under section 14A(1) above has been referred to a rent assessment committee, then, unless the landlord and the tenant otherwise agree, the existing rent shall be increased by the amount determined by the committee with effect from the beginning of the new period specified in the notice or, if it appears to the committee that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the increase is determined) as the committee may direct.

(3)In any case where—

(a)a rent assessment committee have before them at the same time the reference of a notice under section 13(2) above relating to a tenancy (in this subsection referred to as “the section 13 reference”) and the reference of a notice under section 14A(1) above relating to the same tenancy (in this subsection referred to as “the section 14A reference”); and

(b)the committee propose to hear the two references together,

the committee shall make a determination in relation to the section 13 reference before making their determination in relation to the section 14A reference, and if in such a case the date specified in the notice under section 13(2) above is later than the date specified in the notice under section 14A(1) above, the rent determined under the section 14A reference shall not take effect until the date specified in the notice under section 13(2).

(4)In this section “rent” has the same meaning as in section 14 above; and section 14(4) above applies to a determination under this section as it applies to a determination under that section.

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Amendments (Textual)

15 Limited prohibition on assignment etc. without consent.E+W

(1)Subject to subsection (3) below, it shall be an implied term of every assured tenancy which is a periodic tenancy that, except with the consent of the landlord, the tenant shall not—

(a)assign the tenancy (in whole or in part); or

(b)sub-let or part with possession of the whole or any part of the dwelling-house let on the tenancy.

(2)Section 19 of the M4Landlord and Tenant Act 1927 (consents to assign not to be unreasonably withheld etc.) shall not apply to a term which is implied into an assured tenancy by subsection (1) above.

(3)In the case of a periodic tenancy which is not a statutory periodic tenancy [F26or an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989] subsection (1) above does not apply if—

(a)there is a provision (whether contained in the tenancy or not) under which the tenant is prohibited (whether absolutely or conditionally) from assigning or sub-letting or parting with possession or is permitted (whether absolutely or conditionally) to assign, sub-let or part with possession; or

(b)a premium is required to be paid on the grant or renewal of the tenancy.

(4)In subsection (3)(b) above “premium” includes—

(a)any fine or other like sum;

(b)any other pecuniary consideration in addition to rent; and

(c)any sum paid by way of deposit, other than one which does not exceed one-sixth of the annual rent payable under the tenancy immediately after the grant or renewal in question.

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Amendments (Textual)

Marginal Citations

16 Access for repairs.E+W

It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

MiscellaneousE+W

17 Succession to assured periodic tenancy by spouse.E+W

(1)In any case where—

(a)the sole tenant under an assured periodic tenancy dies, and

(b)immediately before the death, the tenant’s spouse [F27or civil partner]F27 was occupying the dwelling-house as his or her only or principal home, and

(c)the tenant was not himself a successor, as defined in subsection (2) or subsection (3) below,

then, on the death, the tenancy vests by virtue of this section in the spouse [F27or civil partner]F27 (and, accordingly, does not devolve under the tenant’s will or intestacy).

(2)For the purposes of this section, a tenant is a successor in relation to a tenancy if—

(a)the tenancy became vested in him either by virtue of this section or under the will or intestacy of a previous tenant; or

(b)at some time before the tenant’s death the tenancy was a joint tenancy held by himself and one or more other persons and, prior to his death, he became the sole tenant by survivorship; or

(c)he became entitled to the tenancy as mentioned in section 39(5) below.

(3)For the purposes of this section, a tenant is also a successor in relation to a tenancy (in this subsection referred to as “the new tenancy”) which was granted to him (alone or jointly with others) if—

(a)at some time before the grant of the new tenancy, he was, by virtue of subsection (2) above, a successor in relation to an earlier tenancy of the same or substantially the same dwelling-house as is let under the new tenancy; and

(b)at all times since he became such a successor he has been a tenant (alone or jointly with others) of the dwelling-house which is let under the new tenancy or of a dwelling-house which is substantially the same as that dwelling-house.

[F28(4)For the purposes of this section—

(a)a person who was living with the tenant as his or her wife or husband shall be treated as the tenant’s spouse, and

(b)a person who was living with the tenant as if they were civil partners shall be treated as the tenant’s civil partner.]

F28(5)If, on the death of the tenant, there is, by virtue of subsection (4) above, more than one person who fulfils the condition in subsection (1)(b) above, such one of them as may be decided by agreement or, in default of agreement, by the county court [F29shall for the purposes of this section 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 the tenant’s civil partner.]F29 .

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Amendments (Textual)

F27Words in s. 17(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263, Sch. 8 para. 41(1)(2), S.I. 2005/3175, {art. 2(1)}, Sch. 1

Modifications etc. (not altering text)

18 Provisions as to reversions on assured tenancies.E+W

(1)If at any time—

(a)a dwelling-house is for the time being lawfully let on an assured tenancy, and

(b)the landlord under the assured tenancy is himself a tenant under a superior tenancy; and

(c)the superior tenancy comes to an end,

then, subject to subsection (2) below, the assured tenancy shall continue in existence as a tenancy held of the person whose interest would, apart from the continuance of the assured tenancy, entitle him to actual possession of the dwelling-house at that time.

(2)Subsection (1) above does not apply to an assured tenancy if the interest which, by virtue of that subsection, would become that of the landlord, is such that, by virtue of Schedule 1 to this Act, the tenancy could not be an assured tenancy.

(3)Where, by virtue of any provision of this Part of this Act, an assured tenancy which is a periodic tenancy (including a statutory periodic tenancy) continues beyond the beginning of a reversionary tenancy which was granted (whether before, on or after the commencement of this Act) so as to begin on or after—

(a)the date on which the previous contractual assured tenancy came to an end, or

(b)a date on which, apart from any provision of this Part, the periodic tenancy could have been brought to an end by the landlord by notice to quit,

the reversionary tenancy shall have effect as if it had been granted subject to the periodic tenancy.

(4)The reference in subsection (3) above to the previous contractual assured tenancy applies only where the periodic tenancy referred to in that subsection is a statutory periodic tenancy and is a reference to the fixed-term tenancy which immediately preceded the statutory periodic tenancy.

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Modifications etc. (not altering text)

19 Restriction on levy of distress for rent.E+W

(1)Subject to subsection (2) below, no distress for the rent of any dwelling-house let on an assured tenancy shall be levied except with the leave of the county court; and, with respect to any application for such leave, the court shall have the same powers with respect to adjournment, stay, suspension, postponement and otherwise as are conferred by section 9 above in relation to proceedings for possession of such a dwelling-house.

(2)Nothing in subsection (1) above applies to distress levied under section 102 of the M5County Courts Act 1984.

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Marginal Citations

chapter IIE+W Assured Shorthold Tenancies

[F3019A Assured shorthold tenancies: post-Housing Act 1996 tenancies.E+W

An assured tenancy which—

(a)is entered into on or after the day on which section 96 of the Housing Act 1996 comes into force (otherwise than pursuant to a contract made before that day), or

(b)comes into being by virtue of section 5 above on the coming to an end of an assured tenancy within paragraph (a) above,

is an assured shorthold tenancy unless it falls within any paragraph in Schedule 2A to this Act.]

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Amendments (Textual)

F30S. 19A inserted (28.2.1997) by 1996 c. 52, s. 96(1); S.I. 1997/225, art. 2 (with Sch.)

[F3120 Assured shorthold tenancies: pre-Housing Act 1996 tenancies.E+W

(1)Subject to subsection (3) below, an assured tenancy which is not one to which section 19A above applies is an assured shorthold tenancy if—

(a)it is a fixed term tenancy granted for a term certain of not less than six months,

(b)there is no power for the landlord to determine the tenancy at any time earlier than six months from the beginning of the tenancy; and

(c)a notice in respect of it is served as mentioned in subsection (2) below.]

(2)The notice referred to in subsection (1)(c) above is one which—

(a)is in such form as may be prescribed;

(b)is served before the assured tenancy is entered into;

(c)is served by the person who is to be the landlord under the assured tenancy on the person who is to be the tenant under that tenancy; and

(d)states that the assured tenancy to which it relates is to be a shorthold tenancy.

(3)Notwithstanding anything in subsection (1) above, where—

(a)immediately before a tenancy (in this subsection referred to as “the new tenancy”) is granted, the person to whom it is granted or, as the case may be, at least one of the persons to whom it is granted was a tenant under an assured tenancy which was not a shorthold tenancy, and

(b)the new tenancy is granted by the person who, immediately before the beginning of the tenancy, was the landlord under the assured tenancy referred to in paragraph (a) above,

the new tenancy cannot be an assured shorthold tenancy.

(4)Subject to subsection (5) below, if, on the coming to an end of an assured shorthold tenancy (including a tenancy which was an assured shorthold but ceased to be assured before it came to an end), a new tenancy of the same or substantially the same premises comes into being under which the landlord and the tenant are the same as at the coming to an end of the earlier tenancy, then, if and so long as the new tenancy is an assured tenancy, it shall be an assured shorthold tenancy, whether or not it fulfils the conditions in paragraphs (a) to (c) of subsection (1) above.

(5)Subsection (4) above does not apply if, before the new tenancy is entered into (or, in the case of a statutory periodic tenancy, takes effect in possession), the landlord serves notice on the tenant that the new tenancy is not to be a shorthold tenancy.

[F32(5A)Subsections (3) and (4) above do not apply where the new tenancy is one to which section 19A above applies]

(6)In the case of joint landlords—

(a)the reference in subsection (2)(c) above to the person who is to be the landlord is a reference to at least one of the persons who are to be joint landlords; and

(b)the reference in subsection (5) above to the landlord is a reference to at least one of the joint landlords.

F33(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F31S. 20(1) and side-note substituted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(3); S.I. 1997/225, art. 2 (with Sch.)

[F3420A Post-Housing Act 1996 tenancies: duty of landlord to provide statement as to terms of tenancy.E+W

(1)Subject to subsection (3) below, a tenant under an assured shorthold tenancy to which section 19A above applies may, by notice in writing, require the landlord under that tenancy to provide him with a written statement of any term of the tenancy which—

(a)falls within subsection (2) below, and

(b)is not evidenced in writing.

(2)The following terms of a tenancy fall within this subsection, namely—

(a)the date on which the tenancy began or, if it is a statutory periodic tenancy or a tenancy to which section 39(7) below applies, the date on which the tenancy came into being,

(b)the rent payable under the tenancy and the dates on which that rent is payable,

(c)any term providing for a review of the rent payable under the tenancy, and

(d)in the case of a fixed term tenancy, the length of the fixed term.

(3)No notice may be given under subsection (1) above in relation to a term of the tenancy if—

(a)the landlord under the tenancy has provided a statement of that term in response to an earlier notice under that subsection given by the tenant under the tenancy, and

(b)the term has not been varied since the provision of the statement referred to in paragraph (a) above.

(4)A landlord who fails, without reasonable excuse, to comply with a notice under subsection (1) above within the period of 28 days beginning with the date on which he received the notice is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5)A statement provided for the purposes of subsection (1) above shall not be regarded as conclusive evidence of what was agreed by the parties to the tenancy in question.

(6)Where—

(a)a term of a statutory periodic tenancy is one which has effect by virtue of section 5(3)(e) above, or

(b)a term of a tenancy to which subsection (7) of section 39 below applies is one which has effect by virtue of subsection (6)(e) of that section,

subsection (1) above shall have effect in relation to it as if paragraph (b) related to the term of the tenancy from which it derives.

(7)In subsections (1) and (3) above—

(a)references to the tenant under the tenancy shall, in the case of joint tenants, be taken to be references to any of the tenants, and

(b)references to the landlord under the tenancy shall, in the case of joint landlords, be taken to be references to any of the landlords.]

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Amendments (Textual)

F34S. 20A inserted (28.2.1997) by 1996 c. 52, s. 97; S.I. 1997/225, art. 2 (with Sch.)

[F3520BDemoted assured shorthold tenanciesE+W

(1)An assured tenancy is an assured shorthold tenancy to which this section applies (a demoted assured shorthold tenancy) if—

(a)the tenancy is created by virtue of an order of the court under section 82A of the Housing Act 1985 or section 6A of this Act (a demotion order), and

(b)the landlord is a registered social landlord.

(2)At the end of the period of one year starting with the day when the demotion order takes effect a demoted assured shorthold tenancy ceases to be an assured shorthold tenancy unless subsection (3) applies.

(3)This subsection applies if before the end of the period mentioned in subsection (2) the landlord gives notice of proceedings for possession of the dwelling house.

(4)If subsection (3) applies the tenancy continues to be a demoted assured shorthold tenancy until the end of the period mentioned in subsection (2) or (if later) until one of the following occurs—

(a)the notice of proceedings for possession is withdrawn;

(b)the proceedings are determined in favour of the tenant;

(c)the period of six months beginning with the date on which the notice is given ends and no proceedings for possession have been brought.

(5)Registered social landlord has the same meaning as in Part 1 of the Housing Act 1996.]

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Amendments (Textual)

F35S. 20B inserted (30.6.2004 for E. and 30.4.2005 for W.) by Anti-Social Behaviour Act 2003 (c. 38), ss. 15, 93; S.I. 2004/1502, art. 2(a)(iv) (with savings in Sch.); S.I. 2005/1225, art. 2(c)

21 Recovery of possession on expiry or termination of assured shorthold tenancy.E+W

(1)Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied—

(a)that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than [F36an assured shorthold periodic tenancy (whether statutory or not)]; and

(b)the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice [F37in writing] stating that he requires possession of the dwelling-house.

(2)A notice under paragraph (b) of subsection (1) above may be given before or on the day on which the tenancy comes to an end; and that subsection shall have effect notwithstanding that on the coming to an end of the fixed term tenancy a statutory periodic tenancy arises.

(3)Where a court makes an order for possession of a dwelling-house by virtue of subsection (1) above, any statutory periodic tenancy which has arisen on the coming to an end of the assured shorthold tenancy shall end (without further notice and regardless of the period) [F38in accordance with section 5(1A)]F38.

(4)Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied—

(a)that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice [F39in writing] stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and

(b)that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above.

[F40(4A)Where a court makes an order for possession of a dwelling-house by virtue of subsection (4) above, the assured shorthold tenancy shall end in accordance with section 5(1A).]

[F41F40(5)Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than—

(a)in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and

(b)in the case of a replacement tenancy, six months after the beginning of the original tenancy.

[F42(5A)Subsection (5) above does not apply to an assured shorthold tenancy to which section 20B (demoted assured shorthold tenancies) applies.]

F42(6)In subsection (5)(b) above, the reference to the original tenancy is—

(a)where the replacement tenancy came into being on the coming to an end of a tenancy which was not a replacement tenancy, to the immediately preceding tenancy, and

(b)where there have been successive replacement tenancies, to the tenancy immediately preceding the first in the succession of replacement tenancies.

(7)For the purposes of this section, a replacement tenancy is a tenancy—

(a)which comes into being on the coming to an end of an assured shorthold tenancy, and

(b)under which, on its coming into being—

(i)the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and

(ii)the premises let are the same or substantially the same as those let under the earlier tenancy as at that time.]

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Amendments (Textual)

F37Words in s. 21(1)(b) inserted (28.2.1997) by 1996 c. 52, s. 98(2); S.I. 1997/225, art. 2 (subject to saving in Sch. para. 2)

F39Words in s. 21(4)(a) inserted (28.2.1997) by 1996 c. 52, s. 98(3); S.I. 1997/225, art. 2 (subject to saving Sch. para. 2)

F41S. 21(5)-(7) inserted (28.2.1997) by 1996 c. 52, s. 99; S.I. 1997/225, art. 2 (with Sch.)

F42S. 21(5A) inserted (30.6.2004 for E. and 30.4.2005 for W.) by Anti-Social Behaviour Act 2003 (c. 38), ss. 15(2), 93; S.I. 2004/1502, art. 2(a)(iv) (with savings in Sch.); S.I. 2005/1225, art. 2(c)

22 Reference of excessive rents to rent assessment committee.E+W

(1)Subject to section 23 and subsection (2) below, the tenant under an assured shorthold tenancy F43. . . may make an application in the prescribed form to a rent assessment committee for a determination of the rent which, in the committee’s opinion, the landlord might reasonably be expected to obtain under the assured shorthold tenancy.

(2)No application may be made under this section if—

(a)the rent payable under the tenancy is a rent previously determined under this section; F44. . .

[F45(aa)the tenancy is one to which section 19A above applies and more than six months have elapsed since the beginning of the tenancy or, in the case of a replacement tenancy, since the beginning of the original tenancy; or]

(b)the tenancy is an assured shorthold tenancy falling within subsection (4) of section 20 above (and, accordingly, is one in respect of which notice need not have been served as mentioned in subsection (2) of that section).

(3)Where an application is made to a rent assessment committee under subsection (1) above with respect to the rent under an assured shorthold tenancy, the committee shall not make such a determination as is referred to in that subsection unless they consider—

(a)that there is a sufficient number of similar dwelling-houses in the locality let on assured tenancies (whether shorthold or not); and

(b)that the rent payable under the assured shorthold tenancy in question is significantly higher than the rent which the landlord might reasonably be expected to be able to obtain under the tenancy, having regard to the level of rents payable under the tenancies referred to in paragraph (a) above.

(4)Where, on an application under this section, a rent assessment committee make a determination of a rent for an assured shorthold tenancy—

(a)the determination shall have effect from such date as the committee may direct, not being earlier than the date of the application;

(b)if, at any time on or after the determination takes effect, the rent which, apart from this paragraph, would be payable under the tenancy exceeds the rent so determined, the excess shall be irrecoverable from the tenant; and

(c)no notice may be served under section 13(2) above with respect to a tenancy of the dwelling-house in question until after the first anniversary of the date on which the determination takes effect.

(5)Subsections (4), (5) and (8) of section 14 above apply in relation to a determination of rent under this section as they apply in relation to a determination under that section and, accordingly, where subsection (5) of that section applies, any reference in subsection (4)(b) above to rent is a reference to rent exclusive of the amount attributable to rates.

[F46(5A)Where—

(a)an assured tenancy ceases to be an assured shorthold tenancy by virtue of falling within paragraph 2 of Schedule 2A to this Act, and

(b)at the time when it so ceases to be an assured shorthold tenancy there is pending before a rent assessment committee an application in relation to it under this section,

the fact that it so ceases to be an assured shorthold tenancy shall, in relation to that application, be disregarded for the purposes of this section.]

[F47(6)In subsection (2)(aa) above, the references to the original tenancy and to a replacement tenancy shall be construed in accordance with subsections (6) and (7) respectively of section 21 above.]

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Amendments (Textual)

F45S. 22(2)(aa) inserted (28.2.1997) by 1996 c. 52, s. 100(2); S.I. 1997/225, art. 2 (with Sch.)

F47S. 22(6) inserted (28.2.1997) by 1996 c. 52, s. 100(3); S.I. 1997/225, art. 2 (with Sch.)

23 Termination of rent assessment committee’s functions.E+W

(1)If the Secretary of State by order made by statutory instrument so provides, section 22 above shall not apply in such cases or to tenancies of dwelling-houses in such areas or in such other circumstances as may be specified in the order.

(2)An order under this section may contain such transitional, incidental and supplementary provisions as appear to the Secretary of State to be desirable.

(3)No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

chapter IIIE+W Assured Agricultural Occupancies

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Modifications etc. (not altering text)

C17Pt. I Chapter III modified (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(5)(6)(with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (with art. 4)

24 Assured agricultural occupancies.E+W

(1)A tenancy or licence of a dwelling-house is for the purposes of this Part of this Act an “assured agricultural occupancy” if—

(a)it is of a description specified in subsection (2) below; and

(b)by virtue of any provision of Schedule 3 to this Act the agricultural worker condition is for the time being fulfilled with respect to the dwelling-house subject to the tenancy or licence.

(2)The following are the tenancies and licences referred to in subsection (1)(a) above—

(a)an assured tenancy which is not an assured shorthold tenancy;

(b)a tenancy which does not fall within paragraph (a) above by reason only of paragraph 3 [F48, 3A, 3B] or paragraph 7 of Schedule 1 to this Act ([F49or more than one of those paragraphs]) [F50and is not an excepted tenancy]; and

(c)a licence under which a person has the exclusive occupation of a dwelling-house as a separate dwelling and which, if it conferred a sufficient interest in land to be a tenancy, would be a tenancy falling within paragraph (a) or paragraph (b) above.

[F51(2A)For the purposes of subsection (2)(b) above, a tenancy is an excepted tenancy if it is—

(a)a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 in relation to which that Act applies, or

(b)a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995]

(3)For the purposes of Chapter I above and the following provisions of this Chapter, every assured agricultural occupancy which is not an assured tenancy shall be treated as if it were such a tenancy and any reference to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly; but the provisions of Chapter I above shall have effect in relation to every assured agricultural occupancy subject to the provisions of this Chapter.

(4)Section 14 above shall apply in relation to an assured agricultural occupancy as if in subsection (1) of that section the reference to an assured tenancy were a reference to an assured agricultural occupancy.

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Amendments (Textual)

F49Words substituted by S.I. 1990/434, reg. 2, Sch. para. 28

F50Words in s. 24(2)(b) inserted (28.2.1997) by 1996 c. 52, s. 103(2); S.I. 1997/225, art. 2 (with Sch.)

F51S. 24(2A) inserted (28.2.1997) by 1996 c. 52, s. 103(3); S.I. 1997/225, art. 2 (with Sch.)

25 Security of tenure.E+W

(1)If a statutory periodic tenancy arises on the coming to an end of an assured agricultural occupancy—

(a)it shall be an assured agricultural occupancy as long as, by virtue of any provision of Schedule 3 to this Act, the agricultural worker condition is for the time being fulfilled with respect to the dwelling-house in question; and

(b)if no rent was payable under the assured agricultural occupancy which constitutes the fixed term tenancy referred to in subsection (2) of section 5 above, subsection (3)(d) of that section shall apply as if for the words “the same as those for which rent was last payable under” there were substituted “monthly beginning on the day following the coming to an end of”.

(2)In its application to an assured agricultural occupancy, Part II of Schedule 2 to this Act shall have effect with the omission of Ground 16.

(3)In its application to an assured agricultural occupancy, Part III of Schedule 2 to this Act shall have effect as if any reference in paragraph 2 to an assured tenancy included a reference to an assured agricultural occupancy.

(4) If the tenant under an assured agricultural occupancy gives notice to terminate his employment then, notwithstanding anything in any agreement or otherwise, that notice shall not constitute a notice to quit as respects the assured agricultural occupancy.

(5)Nothing in subsection (4) above affects the operation of an actual notice to quit given in respect of an assured agricultural occupancy.

26 Rehousing of agricultural workers etc.E+W

In section 27 of the M6Rent (Agriculture) Act 1976 (rehousing: applications to housing authority)—

(a)in subsection (1)(a) after “statutory tenancy” there shall be inserted “or an assured agricultural occupancy ”; and

(b)at the end of subsection (3) there shall be added “and assured agricultural occupancy has the same meaning as in Chapter III of Part I of the Housing Act 1988 ”.

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Marginal Citations

chapter IVE+W Protection from Eviction

27 Damages for unlawful eviction.E+W

(1)This section applies if, at any time after 9th June 1988, a landlord (in this section referred to as “the landlord in default”) or any person acting on behalf of the landlord in default unlawfully deprives the residential occupier of any premises of his occupation of the whole or part of the premises.

(2)This section also applies if, at any time after 9th June 1988, a landlord (in this section referred to as “the landlord in default”) or any person acting on behalf of the landlord in default—

(a)attempts unlawfully to deprive the residential occupier of any premises of his occupation of the whole or part of the premises, or

(b)knowing or having reasonable cause to believe that the conduct is likely to cause the residential occupier of any premises—

(i)to give up his occupation of the premises or any part thereof, or

(ii)to refrain from exercising any right or pursuing any remedy in respect of the premises or any part thereof,

does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence,

and, as a result, the residential occupier gives up his occupation of the premises as a residence.

(3)Subject to the following provisions of this section, where this section applies, the landlord in default shall, by virtue of this section, be liable to pay to the former residential occupier, in respect of his loss of the right to occupy the premises in question as his residence, damages assessed on the basis set out in section 28 below.

(4)Any liability arising by virtue of subsection (3) above—

(a)shall be in the nature of a liability in tort; and

(b)subject to subsection (5) below, shall be in addition to any liability arising apart from this section (whether in tort, contract or otherwise).

(5)Nothing in this section affects the right of a residential occupier to enforce any liability which arises apart from this section in respect of his loss of the right to occupy premises as his residence; but damages shall not be awarded both in respect of such a liability and in respect of a liability arising by virtue of this section on account of the same loss.

(6)No liability shall arise by virtue of subsection (3) above if—

(a)before the date on which proceedings to enforce the liability are finally disposed of, the former residential occupier is reinstated in the premises in question in such circumstances that he becomes again the residential occupier of them; or

(b)at the request of the former residential occupier, a court makes an order (whether in the nature of an injunction or otherwise) as a result of which he is reinstated as mentioned in paragraph (a) above;

and, for the purposes of paragraph (a) above, proceedings to enforce a liability are finally disposed of on the earliest date by which the proceedings (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if any appeal is abandoned, the proceedings shall be taken to be disposed of on the date of the abandonment.

(7)If, in proceedings to enforce a liability arising by virtue of subsection (3) above, it appears to the court—

(a)that, prior to the event which gave rise to the liability, the conduct of the former residential occupier or any person living with him in the premises concerned was such that it is reasonable to mitigate the damages for which the landlord in default would otherwise be liable, or

(b)that, before the proceedings were begun, the landlord in default offered to reinstate the former residential occupier in the premises in question and either it was unreasonable of the former residential occupier to refuse that offer or, if he had obtained alternative accommodation before the offer was made, it would have been unreasonable of him to refuse that offer if he had not obtained that accommodation,

the court may reduce the amount of damages which would otherwise be payable to such amount as it thinks appropriate.

(8)In proceedings to enforce a liability arising by virtue of subsection (3) above, it shall be a defence for the defendant to prove that he believed, and had reasonable cause to believe—

(a)that the residential occupier had ceased to reside in the premises in question at the time when he was deprived of occupation as mentioned in subsection (1) above or, as the case may be, when the attempt was made or the acts were done as a result of which he gave up his occupation of those premises; or

(b)that, where the liability would otherwise arise by virtue only of the doing of acts or the withdrawal or withholding of services, he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.

(9)In this section—

(a)residential occupier”, in relation to any premises, has the same meaning as in section 1 of the 1977 Act;

(b)the right to occupy”, in relation to a residential occupier, includes any restriction on the right of another person to recover possession of the premises in question;

(c)landlord”, in relation to a residential occupier, means the person who, but for the occupier’s right to occupy, would be entitled to occupation of the premises and any superior landlord under whom that person derives title;

(d)former residential occupier”, in relation to any premises, means the person who was the residential occupier until he was deprived of or gave up his occupation as mentioned in subsection (1) or subsection (2) above (and, in relation to a former residential occupier, “the right to occupy” and “landlord” shall be construed accordingly).

28 The measure of damages.E+W

(1)The basis for the assessment of damages referred to in section 27(3) above is the difference in value, determined as at the time immediately before the residential occupier ceased to occupy the premises in question as his residence, between—

(a)the value of the interest of the landlord in default determined on the assumption that the residential occupier continues to have the same right to occupy the premises as before that time; and

(b)the value of that interest determined on the assumption that the residential occupier has ceased to have that right.

(2)In relation to any premises, any reference in this section to the interest of the landlord in default is a reference to his interest in the building in which the premises in question are comprised (whether or not that building contains any other premises) together with its curtilage.

(3)For the purposes of the valuations referred to in subsection (1) above, it shall be assumed—

(a)that the landlord in default is selling his interest on the open market to a willing buyer;

(b)that neither the residential occupier nor any member of his family wishes to buy; and

(c)that it is unlawful to carry out any substantial development of any of the land in which the landlord’s interest subsists or to demolish the whole or part of any building on that land.

(4)In this section “the landlord in default” has the same meaning as in section 27 above and subsection (9) of that section applies in relation to this section as it applies in relation to that.

(5)Section 113 of the M7Housing Act 1985 (meaning of “members of a person’s family”) applies for the purposes of subsection (3)(b) above.

(6)The reference in subsection (3)(c) above to substantial development of any of the land in which the landlord’s interest subsists is a reference to any development other than—

(a)development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted; or

(b)a change of use resulting in the building referred to in subsection (2) above or any part of it being used as, or as part of, one or more dwelling-houses;

and in this subsection “general development order[F52has the meaning given in section 56(6) of the Town and Country Planning Act 1990] and other expressions have the same meaning as in that Act.

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Amendments (Textual)

Marginal Citations

29 Offences of harassment.E+W

(1)In section 1 of the 1977 Act (unlawful eviction and harassment of occupier), with respect to acts done after the commencement of this Act, subsection (3) shall have effect with the substitution, for the word “calculated”, of the word “likely”.

(2)After that subsection there shall be inserted the following subsections—

(3A)Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if—

(a)he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or

(b)he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,

and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.

(3B)A person shall not be guilty of an offence under subsection (3A) above if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.

(3C)In subsection (3A) above “landlord”, in relation to a residential occupier of any premises, means the person who, but for—

(a)the residential occupier’s right to remain in occupation of the premises, or

(b)a restriction on the person’s right to recover possession of the premises,

would be entitled to occupation of the premises and any superior landlord under whom that person derives title.

30 Variation of scope of 1977 ss. 3 and 4.E+W

(1)In section 3 of the 1977 Act (prohibition of eviction without due process of law), in subsection (1) for the words “not a statutorily protected tenancy” there shall be substituted “neither a statutorily protected tenancy nor an excluded tenancy”.

(2)After subsection (2A) of that section there shall be inserted the following subsections—

(2B)Subsections (1) and (2) above apply in relation to any premises occupied as a dwelling under a licence, other than an excluded licence, as they apply in relation to premises let as a dwelling under a tenancy, and in those subsections the expressions “let” and “tenancy” shall be construed accordingly.

(2C)References in the preceding provisions of this section and section 4(2A) below to an excluded tenancy do not apply to—

(a)a tenancy entered into before the date on which the Housing Act 1988 came into force, or

(b)a tenancy entered into on or after that date but pursuant to a contract made before that date,but, subject to that, “excluded tenancy” and “excluded licence” shall be construed in accordance with section 3A below.

(3)In section 4 of the 1977 Act (special provisions for agricultural employees) after subsection (2) there shall be inserted the following subsection—

(2A)In accordance with section 3(2B) above, any reference in subsections (1) and (2) above to the tenant under the former tenancy includes a reference to the licensee under a licence (other than an excluded licence) which has come to an end (being a licence to occupy premises as a dwelling); and in the following provisions of this section the expressions “tenancy” and “rent” and any other expressions referable to a tenancy shall be construed accordingly.

31 Excluded tenancies and licences.E+W

After section 3 of the 1977 Act there shall be inserted the following section—

3A Excluded tenancies and licences.

(1)Any reference in this Act to an excluded tenancy or an excluded licence is a reference to a tenancy or licence which is excluded by virtue of any of the following provisions of this section.

(2)A tenancy or licence is excluded if—

(a)under its terms the occupier shares any accommodation with the landlord or licensor; and

(b)immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part.

(3)A tenancy or licence is also excluded if—

(a)under its terms the occupier shares any accommodation with a member of the family of the landlord or licensor;

(b)immediately before the tenancy or licence was granted and also at the time it comes to an end, the member of the family of the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part; and

(c)immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises in the same building as the shared accommodation and that building is not a purpose-built block of flats.

(4)For the purposes of subsections (2) and (3) above, an occupier shares accommodation with another person if he has the use of it in common with that person (whether or not also in common with others) and any reference in those subsections to shared accommodation shall be construed accordingly, and if, in relation to any tenancy or licence, there is at any time more than one person who is the landlord or licensor, any reference in those subsections to the landlord or licensor shall be construed as a reference to any one of those persons.

(5)In subsections (2) to (4) above—

(a)accommodation” includes neither an area used for storage nor a staircase, passage, corridor or other means of access;

(b)occupier” means, in relation to a tenancy, the tenant and, in relation to a licence, the licensee; and

(c)purpose-built block of flats” has the same meaning as in Part III of Schedule 1 to the Housing Act 1988;

and section 113 of the Housing Act 1985 shall apply to determine whether a person is for the purposes of subsection (3) above a member of another’s family as it applies for the purposes of Part IV of that Act.

(6)A tenancy or licence is excluded if it was granted as a temporary expedient to a person who entered the premises in question or any other premises as a trespasser (whether or not, before the beginning of that tenancy or licence, another tenancy or licence to occupy the premises or any other premises had been granted to him).

(7)A tenancy or licence is excluded if—

(a)it confers on the tenant or licensee the right to occupy the premises for a holiday only; or

(b)it is granted otherwise than for money or money’s worth.

(8)A licence is excluded if it confers rights of occupation in a hostel, within the meaning of the Housing Act 1985, which is provided by—

(a)the council of a county, district or London Borough, the Common Council of the City of London, the Council of the Isles of Scilly, the Inner London Education Authority, a joint authority within the meaning of the Local Government Act 1985 or a residuary body within the meaning of that Act;

(b)a development corporation within the meaning of the New Towns Act 1981;

(c)the Commission for the New Towns;

(d)an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980;

(e)a housing action trust established under Part III of the Housing Act 1988;

(f)the Development Board for Rural Wales;

(g)the Housing Corporation or Housing for Wales;

(h)a housing trust which is a charity or a registered housing association, within the meaning of the Housing Associations Act 1985; or

(i)any other person who is, or who belongs to a class of person which is, specified in an order made by the Secretary of State.

(9)The power to make an order under subsection (8)(i) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

32 Notice to quit etc.E+W

(1)In section 5 of the 1977 Act (validity of notices to quit) at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1B) below”.

(2)After subsection (1) of that section there shall be inserted the following subsections—

(1A)Subject to subsection (1B) below, no notice by a licensor or a licensee to determine a periodic licence to occupy premises as a dwelling (whether the licence was granted before or after the passing of this Act) shall be valid unless—

(a)it is in writing and contains such information as may be prescribed, and

(b)it is given not less than 4 weeks before the date on which it is to take effect.

(1B)Nothing in subsection (1) or subsection (1A) above applies to—

(a)premises let on an excluded tenancy which is entered into on or after the date on which the Housing Act 1988 came into force unless it is entered into pursuant to a contract made before that date; or

(b)premises occupied under an excluded licence.

33 Interpretation of Chapter IV and the 1977 Act.E+W

(1)In this Chapter “the 1977 Act” means the M8Protection from Eviction Act 1977.

(2)In section 8 of the 1977 Act (interpretation) at the end of subsection (1) (statutory protected tenancy) there shall be inserted—

(e)an assured tenancy or assured agricultural occupancy under Part I of the Housing Act 1988.

(3)At the end of that section there shall be added the following subsections—

(4)In this Act “excluded tenancy” and “excluded licence” have the meaning assigned by section 3A of this Act.

(5)If, on or after the date on which the Housing Act 1988 came into force, the terms of an excluded tenancy or excluded licence entered into before that date are varied, then—

(a)if the variation affects the amount of the rent which is payable under the tenancy or licence, the tenancy or licence shall be treated for the purposes of sections 3(2C) and 5(1B) above as a new tenancy or licence entered into at the time of the variation; and

(b)if the variation does not affect the amount of the rent which is so payable, nothing in this Act shall affect the determination of the question whether the variation is such as to give rise to a new tenancy or licence.

(6)Any reference in subsection (5) above to a variation affecting the amount of the rent which is payable under a tenancy or licence does not include a reference to—

(a)a reduction or increase effected under Part III or Part VI of the Rent Act 1977 (rents under regulated tenancies and housing association tenancies), section 78 of that Act (power of rent tribunal in relation to restricted contracts) or sections 11 to 14 of the Rent (Agriculture) Act 1976; or

(b)a variation which is made by the parties and has the effect of making the rent expressed to be payable under the tenancy or licence the same as a rent for the dwelling which is entered in the register under Part IV or section 79 of the Rent Act 1977.

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Marginal Citations

Chapter VE+W Phasing out of Rent Acts and other Transitional Provisions

34 New protected tenancies and agricultural occupancies restricted to special cases.E+W

(1)A tenancy which is entered into on or after the commencement of this Act cannot be a protected tenancy, unless—

(a)it is entered into in pursuance of a contract made before the commencement of this Act; or

(b)it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was a protected or statutory tenant and is so granted by the person who at that time was the landlord (or one of the joint landlords) under the protected or statutory tenancy; or

(c)it is granted to a person (alone or jointly with others) in the following circumstances—

(i)prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in section 98(1)(a) of, or Case 1 in Schedule 16 to, the M9Rent Act 1977 or Case 1 in Schedule 4 to the M10Rent (Agriculture) Act 1976 (suitable alternative accommodation available); and

(ii)the tenancy is of the premises which constitute the suitable alternative accommodation as to which the court was so satisfied; and

(iii)in the proceedings for possession the court considered that, in the circumstances, the grant of an assured tenancy would not afford the required security and, accordingly, directed that the tenancy would be a protected tenancy; or

[F53(d)it is a tenancy under which the interest of the landlord was at the time the tenancy was granted held by [F54the Commission for the New Towns or a development]F54 corporation, within the meaning of section 80 of the Housing Act 1985, and, before the date which has effect by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 38 below, ceased to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981]

(2)In subsection (1)(b) above “protected tenant” and “statutory tenant” do not include—

(a)a tenant under a protected shorthold tenancy;

(b)a protected or statutory tenant of a dwelling-house which was let under a protected shorthold tenancy which ended before the commencement of this Act and in respect of which at that commencement either there has been no grant of a further tenancy or any grant of a further tenancy has been to the person who, immediately before the grant, was in possession of the dwelling-house as a protected or statutory tenant;

and in this subsection “protected shorthold tenancy” includes a tenancy which, in proceedings for possession under Case 19 in Schedule 15 to the Rent Act 1977, is treated as a protected shorthold tenancy.

(3)In any case where—

(a)by virtue of subsections (1) and (2) above, a tenancy entered into on or after the commencement of this Act is an assured tenancy, but

(b)apart from subsection (2) above, the effect of subsection (1)(b) above would be that the tenancy would be a protected tenancy, and

(c)the landlord and the tenant under the tenancy are the same as at the coming to an end of the protected or statutory tenancy which, apart from subsection (2) above, would fall within subsection (1)(b) above,

the tenancy shall be an assured shorthold tenancy (whether or not [F55, in the case of a tenancy to which the provision applies,] it fulfils the conditions in section 20(1) above) unless, before the tenancy is entered into, the landlord serves notice on the tenant that it is not to be a shorthold tenancy.

(4)A licence or tenancy which is entered into on or after the commencement of this Act cannot be a relevant licence or relevant tenancy for the purposes of the M11Rent (Agriculture) Act 1976 (in this subsection referred to as “the 1976 Act”) unless—

(a)it is entered into in pursuance of a contract made before the commencement of this Act; or

(b)it is granted to a person (alone or jointly with others) who, immediately before the licence or tenancy was granted, was a protected occupier or statutory tenant, within the meaning of the 1976 Act, and is so granted by the person who at that time was the landlord or licensor (or one of the joint landlords or licensors) under the protected occupancy or statutory tenancy in question.

(5)Except as provided in subsection (4) above, expressions used in this section have the same meaning as in the M12Rent Act 1977.

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Amendments (Textual)

F55Words in s. 34(3) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(7); S.I. 1997/225, art. 2 (with Sch.)

Marginal Citations

35 Removal of special regimes for tenancies of housing associations etc.E+W

(1)In this section “housing association tenancy” has the same meaning as in Part VI of the Rent Act 1977.

(2)A tenancy which is entered into on or after the commencement of this Act cannot be a housing association tenancy unless—

(a)it is entered into in pursuance of a contract made before the commencement of this Act; or

(b)it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was a tenant under a housing association tenancy and is so granted by the person who at that time was the landlord under that housing association tenancy; or

(c)it is granted to a person (alone or jointly with others) in the following circumstances—

(i)prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 84 of the M13Housing Act 1985; and

(ii)the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and

(iii)in the proceedings for possession the court directed that the tenancy would be a housing association tenancy; or

[F56(d)it is a tenancy under which the interest of the landlord was at the time the tenancy was granted held by [F57the Commission for the New Towns or a development]F57 corporation, within the meaning of section 80 of the Housing Act 1985, and, before the date which has effect by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 38 below, ceased to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981]

(3)Where, on or after the commencement of this Act, a [F58registered social lanlord, within the meaning of the Housing Act 1985 (see section 5(4) and (5) of the Act)], grants a secure tenancy pursuant to an obligation under section 554(2A) of the M14Housing Act 1985 (as set out in Schedule 17 to this Act) then, in determining whether that tenancy is a housing association tenancy, it shall be assumed for the purposes only of section 86(2)(b) of the M15Rent Act 1977 (tenancy would be a protected tenancy but for section 15 or 16 of that Act) that the tenancy was granted before the commencement of this Act.

(4)[F59Subject to section 38(4A) below] a tenancy or licence which is entered into on or after the commencement of this Act cannot be a secure tenancy unless—

(a)the interest of the landlord belongs to a local authority, a [F60development]F60 corporation or an urban development corporation, all within the meaning of section 80 of the Housing Act 1985 [F61or a housing action trust established under Part III of this Act]; or

(b)the interest of the landlord belongs to a housing co-operative within the meaning of section 27B of the Housing Act 1985 (agreements between local housing authorities and housing co-operatives) and the tenancy or licence is of a dwelling-house comprised in a housing co-operative agreement falling within that section; or

[F62(ba)the interest of the landlord belongs to the Homes and Communities Agency or the Welsh Ministers and the tenancy or licence falls within section 80(2A) to (2E) of the Housing Act 1985; or]

F62(c)it is entered into in pursuance of a contract made before the commencement of this Act; or

(d)it is granted to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant and is so granted by the body which at that time was the landlord or licensor under the secure tenancy; or

(e)it is granted to a person (alone or jointly with others) in the following circumstances—

(i)prior to the grant of the tenancy or licence, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 84 of the Housing Act 1985; and

(ii)the tenancy or licence is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and

(iii)in the proceedings for possession the court considered that, in the circumstances, the grant of an assured tenancy would not afford the required security and, accordingly, directed that the tenancy or licence would be a secure tenancy; or

(f)it is granted pursuant to an obligation under section 554(2A) of the Housing Act 1985 (as set out in Schedule 17 to this Act).

(5)If, on or after the commencement of this Act, the interest of the landlord under a protected or statutory tenancy becomes held by a housing association, a housing trust [F63or the Housing Corporation][F64or, where that interest becomes held by him as the result of the exercise by him of functions under Part III of the Housing Association Act 1985, the Secretary of State,] nothing in the preceding provisions of this section shall prevent the tenancy from being a housing association tenancy or a secure tenancy and, accordingly, in such a case section 80 of the Housing Act 1985 (and any enactment which refers to that section) shall have effect without regard to the repeal of provisions of that section effected by this Act.

(6)In subsection (5) above “housing association” and “housing trust” have the same meaning as in the M16Housing Act 1985.

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Amendments (Textual)

F58Words in s. 35(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(2)

F63Words in s. 35(5) substituted (1.11.1998) by 1998 c. 38, s. 140(1), Sch. 16 para. 60; S.I. 1998/2244, art. 5

F64Words in s. 35(5) inserted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 3(2)

Modifications etc. (not altering text)

Marginal Citations

36 New restricted contracts limited to transitional cases.E+W

(1)A tenancy or other contract entered into after the commencement of this Act cannot be a restricted contract for the purposes of the Rent Act 1977 unless it is entered into in pursuance of a contract made before the commencement of this Act.

(2)If the terms of a restricted contract are varied after this Act comes into force then, subject to subsection (3) below,—

(a)if the variation affects the amount of the rent which, under the contract, is payable for the dwelling in question, the contract shall be treated as a new contract entered into at the time of the variation (and subsection (1) above shall have effect accordingly); and

(b)if the variation does not affect the amount of the rent which, under the contract, is so payable, nothing in this section shall affect the determination of the question whether the variation is such as to give rise to a new contract.

(3)Any reference in subsection (2) above to a variation affecting the amount of the rent which, under a contract, is payable for a dwelling does not include a reference to—

(a)a reduction or increase effected under section 78 of the Rent Act 1977 (power of rent tribunal); or

(b)a variation which is made by the parties and has the effect of making the rent expressed to be payable under the contract the same as the rent for the dwelling which is entered in the register under section 79 of the Rent Act 1977.

(4)In subsection (1) of section 81A of the Rent Act 1977 (cancellation of registration of rent relating to a restricted contract) paragraph (a) (no cancellation until two years have elapsed since the date of the entry) shall cease to have effect.

(5)In this section “rent” has the same meaning as in Part V of the Rent Act 1977.

37 No further assured tenancies under Housing Act 1980.E+W

(1)A tenancy which is entered into on or after the commencement of this Act cannot be an assured tenancy for the purposes of sections 56 to 58 of the M17Housing Act 1980 (in this section referred to as a “1980 Act tenancy”).

(2)In any case where—

(a)before the commencement of this Act, a tenant under a 1980 Act tenancy made an application to the court under section 24 of the M18Landlord and Tenant Act 1954 (for the grant of a new tenancy), and

(b)at the commencement of this Act the 1980 Act tenancy is continuing by virtue of that section or of any provision of Part IV of the said Act of 1954,

section 1(3) of this Act shall not apply to the 1980 Act tenancy.

(3)If, in a case falling within subsection (2) above, the court makes an order for the grant of a new tenancy under section 29 of the M19Landlord and Tenant Act 1954, that tenancy shall be an assured tenancy for the purposes of this Act.

(4)In any case where—

(a)before the commencement of this Act a contract was entered into for the grant of a 1980 Act tenancy, but

(b)at the commencement of this Act the tenancy had not been granted,

the contract shall have effect as a contract for the grant of an assured tenancy (within the meaning of this Act).

(5)In relation to an assured tenancy falling within subsection (3) above or granted pursuant to a contract falling within subsection (4) above, Part I of Schedule 1 to this Act shall have effect as if it consisted only of paragraphs 11 and 12; and, if the landlord granting the tenancy is a fully mutual housing association, then, so long as that association remains the landlord under that tenancy (and under any statutory periodic tenancy which arises on the coming to an end of that tenancy), the said paragraph 12 shall have effect in relation to that tenancy with the omission of sub-paragraph (1)(h).

(6)Any reference in this section to a provision of the Landlord and Tenant Act 1954 is a reference only to that provision as applied by section 58 of the M20Housing Act 1980.

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Marginal Citations

38 Transfer of existing tenancies from public to private sector.E+W

(1)The provisions of subsection (3) below apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this Act if,—

(a)at that commencement or, if it is later, at the time it is entered into, the interest of the landlord is held by a public body (within the meaning of subsection (5) below); and

(b)at some time after that commencement, the interest of the landlord ceases to be so held.

(2)The provisions of subsection (3) below also apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this Act if,—

(a)at the commencement of this Act or, if it is later, at the time it is entered into, it is a housing association tenancy; and

(b)at some time after that commencement, it ceases to be such a tenancy.

(3)[F65Subject to subsections (4) [F66[F67(4ZA), (4A), (4BA)]F67 and (4B),] below] on and after the time referred to in subsection (1)(b) or, as the case may be, subsection (2)(b) above—

(a)the tenancy shall not be capable of being a protected tenancy, a protected occupancy or a housing association tenancy;

(b)the tenancy shall not be capable of being a secure tenancy unless (and only at a time when) the interest of the landlord under the tenancy is (or is again) held by a public body; and

(c)paragraph 1 of Schedule 1 to this Act shall not apply in relation to it, and the question whether at any time thereafter it becomes (or remains) an assured tenancy shall be determined accordingly.

(4)In relation to a tenancy under which, at the commencement of this Act or, if it is later, at the time the tenancy is entered into, the interest of the landlord is held by [F68the Commission for the New Towns or a development]F68 corporation, within the meaning of section 80 of the M21Housing Act 1985 [F69and which subsequently ceases to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981], subsections (1) and (3) above shall have effect as if any reference in subsection (1) above to the commencement of this Act were a reference to—

(a)the date on which expires the period of two years beginning on the day this Act is passed; or

(b)if the Secretary of State by order made by statutory instrument within that period so provides, such other date (whether earlier or later) as may be specified by the order for the purposes of this subsection.

[F70(4ZA)In relation to any time on or after the coming into force of this subsection, subsection (4) applies as if—

(a)the references to the Commission for the New Towns were references to the new towns residuary body;

(b)in the case of a disposal by the English new towns residuary body, the reference to section 37 of the New Towns Act 1981 were a reference to section 47 of the Housing and Regeneration Act 2008; and

(c)in the case of a disposal by the Welsh new towns residuary body, the words “made pursuant to a direction under section 37 of the New Towns Act 1981” were omitted.]

[F71F70(4A)Where, by virtue of a disposal falling within subsection (4) above and made before the date which has effect by virtue of paragraph (a) or paragraph (b) of that subsection, the interest of the landlord under a tenancy passes to a [F72registered social landlord (within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act))], then, notwithstanding anything in subsection (3) above, so long as the tenancy continues to be held by a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made, the tenancy shall continue to be a secure tenancy and to be capable of being a housing association tenancy.]

[F73(4B)Where, by virtue of a disposal by the Secretary of State made in the exercise by him of functions under Part III of the Housing Associations Act 1985, the interest of the landlord under a secure tenancy passes to a registered social landlord (within the meaning of the Housing Act 1985) then, notwithstanding anything in subsection (3) above, so long as the tenancy continues to be held by a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made, the tenancy shall continue to be a secure tenancy and to be capable of being a housing association tenancy.]

[F74(4BA)The references in subsections (4A) and (4B) to a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made includes a reference to the new towns residuary body.]

F74(5)For the purposes of this section, the interest of a landlord under a tenancy is held by a public body at a time when—

(a)it belongs to a local authority, a [F75development]F75 corporation or an urban development corporation, all within the meaning of section 80 of the Housing Act 1985 [F76or to the English new towns residuary body]F76; or

(b)it belongs to a housing action trust established under Part III of this Act; or

F77(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)it belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department.

[F78(5A)In this section “new towns residuary body” means—

(a)in relation to times before the coming into force of this subsection, the Commission for the New Towns; and

(b)in relation to other times—

(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 (and any reference to the English new towns residuary body shall be construed accordingly); 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 (and any reference to the Welsh new towns residuary body shall be construed accordingly).]

F78(6)In this section—

(a)housing association tenancy” means a tenancy to which Part VI of the M22Rent Act 1977 applies;

(b)protected tenancy” has the same meaning as in that Act; and

(c)protected occupancy” has the same meaning as in the M23Rent (Agriculture) Act 1976.

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Amendments (Textual)

F66Words in s. 38(3) substituted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 3(3)(a)

F72Words in s. 38(4A) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(3)

Marginal Citations

39 Statutory tenants: succession.E+W

(1)In section 2(1)(b) of the Rent Act 1977 (which introduces the provisions of Part I of Schedule 1 to that Act relating to statutory tenants by succession) after the words “statutory tenant of a dwelling-house” there shall be inserted “or, as the case may be, is entitled to an assured tenancy of a dwelling-house by succession”.

(2)Where the person who is the original tenant, within the meaning of Part I of Schedule 1 to the Rent Act 1977, dies after the commencement of this Act, that Part shall have effect subject to the amendments in Part I of Schedule 4 to this Act.

(3)Where subsection (2) above does not apply but the person who is the first successor, within the meaning of Part I of Schedule 1 to the Rent Act 1977, dies after the commencement of this Act, that Part shall have effect subject to the amendments in paragraphs 5 to 9 of Part I of Schedule 4 to this Act.

(4)In any case where the original occupier, within the meaning of section 4 of the Rent (Agriculture) Act 1976 (statutory tenants and tenancies) dies after the commencement of this Act, that section shall have effect subject to the amendments in Part II of Schedule 4 to this Act.

(5)In any case where, by virtue of any provision of—

(a)Part I of Schedule 1 to the M24Rent Act 1977, as amended in accordance with subsection (2) or subsection (3) above, or

(b)section 4 of the M25Rent (Agriculture) Act 1976, as amended in accordance with subsection (4) above,

a person (in the following provisions of this section referred to as “the successor”) becomes entitled to an assured tenancy of a dwelling-house by succession, that tenancy shall be a periodic tenancy arising by virtue of this section.

(6)Where, by virtue of subsection (5) above, the successor becomes entitled to an assured periodic tenancy, that tenancy is one—

(a)taking effect in possession immediately after the death of the protected or statutory tenant or protected occupier (in the following provisions of this section referred to as “the predecessor”) on whose death the successor became so entitled;

(b)deemed to have been granted to the successor by the person who, immediately before the death of the predecessor, was the landlord of the predecessor under his tenancy;

(c)under which the premises which are let are the same dwelling-house as, immediately before his death, the predecessor occupied under his tenancy;

(d)under which the periods of the tenancy are the same as those for which rent was last payable by the predecessor under his tenancy;

(e)under which, subject to sections 13 to 15 above, the other terms are the same as those on which, under his tenancy, the predecessor occupied the dwelling-house immediately before his death; and

(f)which, for the purposes of section 13(2) above, is treated as a statutory periodic tenancy;

and in paragraphs (b) to (e) above “under his tenancy”, in relation to the predecessor, means under his protected tenancy or protected occupancy or in his capacity as a statutory tenant.

(7)If, immediately before the death of the predecessor, the landlord might have recovered possession of the dwelling-house under Case 19 in Schedule 15 to the Rent Act 1977, the assured periodic tenancy to which the successor becomes entitled shall be an assured shorthold tenancy (whether or not [F79, in the case of a tenancy to which the provision applies] it fulfils the conditions in section 20(1) above).

(8)If, immediately before his death, the predecessor was a protected occupier or statutory tenant within the meaning of the Rent (Agriculture) Act 1976, the assured periodic tenancy to which the successor becomes entitled shall be an assured agricultural occupancy (whether or not it fulfils the conditions in section 24(1) above).

(9)Where, immediately before his death, the predecessor was a tenant under a fixed term tenancy, section 6 above shall apply in relation to the assured periodic tenancy to which the successor becomes entitled on the predecessor’s death subject to the following modifications—

(a)for any reference to a statutory periodic tenancy there shall be substituted a reference to the assured periodic tenancy to which the successor becomes so entitled;

(b)in subsection (1) of that section, paragraph (a) shall be omitted and the reference in paragraph (b) to section 5(3)(e) above shall be construed as a reference to subsection (6)(e) above; and

(c)for any reference to the coming to an end of the former tenancy there shall be substituted a reference to the date of the predecessor’s death.

(10)If and so long as a dwelling-house is subject to an assured tenancy to which the successor has become entitled by succession, section 7 above and Schedule 2 to this Act shall have effect subject to the modifications in Part III of Schedule 4 to this Act; and in that Part “the predecessor” and “the successor” have the same meaning as in this section.

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Amendments (Textual)

F79Words in s. 39(7) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(8); S.I. 1997/225, art. 2 (with Sch.)

Marginal Citations

Chapter VIE+W General Provisions

40 Jurisdiction of county courts.E+W

(1)A county court shall have jurisdiction to hear and determine any question arising under any provision of—

(a)Chapters I to III and V above, or

(b)sections 27 and 28 above,

other than a question falling within the jurisdiction of a rent assessment committee by virtue of any such provision.

F80(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where any proceedings under any provision mentioned in subsection (1) above are being taken in a county court, the court shall have jurisdiction to hear and determine any other proceedings joined with those proceedings, notwithstanding that, apart from this subsection, those other proceedings would be outside the court’s jurisdiction.

[F81(4)If any person takes any proceedings under any provision mentioned in subsection (1) above in the High Court, he shall not be entitled to recover any more costs of those proceedings than those to which he would have been entitled if the proceedings had been taken in a county court: and in such a case the taxing master shall have the same power of directing on what county court scale costs are to be allowed, and of allowing any item of costs, as the judge would have had if the proceedings had been taken in a county court.

(5)Subsection (4) above shall not apply where the purpose of taking the proceedings in the High Court was to enable them to be joined with any proceedings already pending before that court (not being proceedings taken under any provision mentioned in subsection (1) above).]

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Amendments (Textual)

F80S. 40(2) omitted (1.7.1991) by virtue of S.I. 1991/724, art. 2(8), Schedule Pt.I

Modifications etc. (not altering text)

C19S. 40 extended (1.7.1991) by S.I. 1991/724, art.2(1)(o)

41 Rent assessment committees: procedure and information powers.E+W

F82(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The rent assessment committee to whom a matter is referred under Chapter I or Chapter II above may by notice in the prescribed form served on the landlord or the tenant require him to give to the committee, within such period of not less than fourteen days from the service of the notice as may be specified in the notice, such information as they may reasonably require for the purposes of their functions.

(3)If any person fails without reasonable excuse to comply with a notice served on him under subsection (2) above, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)Where an offence under subsection (3) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

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Amendments (Textual)

Modifications etc. (not altering text)

[41AF83Amounts attributable to services.E+W

In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992, where a rent is determined under section 14 or 22 above, the rent assessment committee shall note in their determination the amount (if any) of the rent which, in the opinion of the committee, is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amount so noted may be included in the information specified in an order under section 42 below.]

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Amendments (Textual)

[41BF84Provision of information as to exemption from council taxE+W

A billing authority within the meaning of Part I of the Local Government Finance Act 1992 shall, if so requested in writing by a rent officer or rent assessment committee in connection with his or their functions under any enactment, inform the rent officer or rent assessment committee in writing whether or not a particular dwelling (within the meaning of Part I of the Local Government Finance Act 1992) is, or was at any time specified in the request, an exempt dwelling for the purposes of that Part of that Act.]

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Amendments (Textual)

F84S. 41B inserted (23.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para.18 (as amended (23.4.1993) by S.I. 1993/1120, art.2).

42 Information as to determinations of rents.E+W

(1)The President of every rent assessment panel shall keep and make publicly available, in such manner as is specified in an order made by the Secretary of State, such information as may be so specified with respect to rents under assured tenancies and assured agricultural occupancies which have been the subject of references or applications to, or determinations by, rent assessment committees.

(2)A copy of any information certified under the hand of an officer duly authorised by the President of the rent assessment panel concerned shall be receivable in evidence in any court and in any proceedings.

(3)An order under subsection (1) above—

(a)may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue of that subsection; and

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

(4)The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

43 Powers of local authorities for purposes of giving information.E+W

In section 149 of the M26Rent Act 1977 (which, among other matters, authorises local authorities to publish information for the benefit of landlords and tenants with respect to their rights and duties under certain enactments), in subsection (1)(a) after sub-paragraph (iv) there shall be inserted—

(v)Chapters I to III of Part I of the Housing Act 1988.

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Marginal Citations

44 Application to Crown Property.E+W

(1)Subject to paragraph 11 of Schedule 1 to this Act and subsection (2) below, Chapters I to IV above apply in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as they apply in relation to premises in relation to which no such interest subsists or ever subsisted.

(2)In Chapter IV above—

(a)sections 27 and 28 do not bind the Crown; and

(b)the remainder binds the Crown to the extent provided for in section 10 of the M27Protection from Eviction Act 1977.

(3)In this section “Crown interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster or to the Duchy of Cornwall, or to a government department, or which is held in trust for Her Majesty for the purposes of a government department.

(4)Where an interest belongs to Her Majesty in right of the Duchy of Lancaster, then, for the purposes of Chapters I to IV above, the Chancellor of the Duchy of Lancaster shall be deemed to be the owner of the interest.

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Marginal Citations

45 Interpretation of Part I.E+W

(1)In this Part of this Act, except where the context otherwise requires,—

  • dwelling-house” may be a house or part of a house;

  • fixed term tenancy” means any tenancy other than a periodic tenancy;

  • fully mutual housing association” has the same meaning as in Part I of the M28Housing Associations Act 1985;

  • landlord” includes any person from time to time deriving title under the original landlord and also includes, in relation to a dwelling-house, any person other than a tenant who is, or but for the existence of an assured tenancy would be, entitled to possession of the dwelling-house;

  • let” includes “sub-let”;

  • prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument;

  • rates” includes water rates and charges but does not include an owner’s drainage rate, as defined in section 63(2)(a) of the M29Land Drainage Act 1976;

  • secure tenancy” has the meaning assigned by section 79 of the M30Housing Act 1985;

  • statutory periodic tenancy” has the meaning assigned by section 5(7) above;

  • tenancy” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy; and

  • tenant” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.

(2)Subject to paragraph 11 of Schedule 2 to this Act, any reference in this Part of this Act to the beginning of a tenancy is a reference to the day on which the tenancy is entered into or, if it is later, the day on which, under the terms of any lease, agreement or other document, the tenant is entitled to possession under the tenancy.

(3)Where two or more persons jointly constitute either the landlord or the tenant in relation to a tenancy, then, except where this Part of this Act otherwise provides, any reference to the landlord or to the tenant is a reference to all the persons who jointly constitute the landlord or the tenant, as the case may require.

(4)For the avoidance of doubt, it is hereby declared that any reference in this Part of this Act (however expressed) to a power for a landlord to determine a tenancy does not include a reference to a power of re-entry or forfeiture for breach of any term or condition of the tenancy.

(5)Regulations under subsection (1) above may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

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Marginal Citations

Part IIE+W+S Housing Associations

Housing for WalesE+W+S

F8546. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F8647. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Registration and issue of guidanceE+W+S

F8748. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F87S. 48 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(2); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (with transitional provisions and savings in art. 3)

F8849. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F88S. 49 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(2); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (with transitional provisions and savings in art. 3)

Grants: functions of [F89Relevant Authority]E+W+S

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Amendments (Textual)

F89Words in cross-heading substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 61(1)(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

50 Housing association grants.E+W

(1)[F90The [F91Relevant Authority]] may make grants to [F92housing associations which are registered social landlords] in respect of expenditure incurred or to be incurred by them in connection with housing activities; F93. . ..

(2)As respects grants under this section the following, namely—

(a)the procedure to be followed in relation to applications for grant;

(b)the circumstances in which grant is or is not to be payable;

(c)the method for calculating, and any limitations on, the amount of grant; and

(d)the manner in which, and time or times at which, grant is to be paid,

shall be such as may be specified by the [F91Relevant Authority]... .

(3)In making a grant under this section, the [F91Relevant Authority] may provide that the grant is conditional on compliance by the association with such conditions as it may specify.

(4)On such terms as it may, with the appropriate approval, specify, the [F91Relevant Authority] may appoint a local housing authority which is willing to do so to act as its agent in connection with the assessment and payment of grant under this section; and, where such an appointment is made, the local housing authority shall act as such an agent in accordance with the terms of their appointment.

[F94(5)In subsection (4) above “the appropriate approval” means—

(a)if the appointment is made by the Housing Corporation, the approval of the Secretary of State given with the consent of the Treasury, and

(b)if the appointment is made by the Secretary of State, the consent of the Treasury.]

(6)Where—

(a)a grant under this section is payable to an association, and

(b)at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other [F95housing association which is a registered social landlord], or trustees for some other such association,

this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (7) below, were payable to that other association.

(7)The proportion referred to in subsection (6) above is that which, in the circumstances of the particular case—

(a)the [F91Relevant Authority], acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or

(b)the [F91Relevant Authority] may determine to be appropriate.

(8)Where one of the associations mentioned in subsection (6) above is registered by the Housing Corporation and another is registered by [F96Secretary of State], the determination mentioned in subsection (7) above shall be such as shall be agreed between the [F97Housing Corporation and the Secretary of State].

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Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

F90Word in s. 50(1) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(4)(a)(i)

F91Words in s. 50 substituted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 61(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F92Words in s. 50(1) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(4)(a)(ii)

F93Words in s. 50(1) repealed (with saving) (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1)-(3), Sch. 1 Pt. I

F95Words in s. 50(6)(b) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(4)(b)

F96Words in s. 50(8) substituted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 64(3)(a) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F97Words in s. 50(8) substituted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 64(3)(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C21S. 50 restricted (E.W.) (1.4.1997) by 1996 c. 52, ss. 28(1), 251(4)(b) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

S. 50 amended (E.W.) (1.4.1997) by 1996 c. 52, ss. 28(6), 251(4)(b) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

50 Housing association grants.S

(1)The Housing Corporation and Housing for Wales may make grants to registered housing associations in respect of expenditure incurred or to be incurred by them in connection with housing activities; and any reference in the following provisions of this section to “the Corporation” shall be construed accordingly.

(2)As respects grants under this section the following, namely—

(a)the procedure to be followed in relation to applications for grant;

(b)the circumstances in which grant is or is not to be payable;

(c)the method for calculating, and any limitations on, the amount of grant; and

(d)the manner in which, and time or times at which, grant is to be paid,

shall be such as may be specified by the Corporation, acting in accordance with such principles as it may from time to time determine.

(3)In making a grant under this section, the Corporation may provide that the grant is conditional on compliance by the association with such conditions as it may specify.

(4)On such terms as it may, with the appropriate approval, specify, the Corporation may appoint a local housing authority which is willing to do so to act as its agent in connection with the assessment and payment of grant under this section; and, where such an appointment is made, the local housing authority shall act as such an agent in accordance with the terms of their appointment.

(5)In subsection (4) above, “the appropriate approval” means the approval of the Secretary of State given with the consent of the Treasury.

(6)Where—

(a)a grant under this section is payable to an association, and

(b)at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other registered housing association, or trustees for some other such association,

this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (7) below, were payable to that other association.

(7)The proportion referred to in subsection (6) above is that which, in the circumstances of the particular case—

(a)the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or

(b)the Corporation may determine to be appropriate.

(8)Where one of the associations mentioned in subsection (6) above is registered by the Housing Corporation and another is registered by Housing for Wales, the determination mentioned in subsection (7) above shall be such as shall be agreed between the two Corporations.

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Extent Information

E8This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

51 Revenue deficit grants.E+W

(1)[F98The [F99Relevant Authority]] may make a grant to a [F100housing association which is a registered social landlord] if—

(a)in relation to all housing activities of the association,

(b)in relation to housing activities of the association of a particular description, or

(c)in relation to particular housing activities of the association,

the association’s expenditure as calculated by the [F99Relevant Authority]. . . for any period (including a period which is wholly or partly a future period) exceeds its income as so calculated for that period.

(2)In calculating an association’s expenditure or income for the purposes of subsection (1) above, [F101the Corporation]

(a)shall act in accordance with such principles as it may from time to time determine; and

(b)may act on such assumptions (whether or not borne out or likely to be borne out by events) as it may from time to time determine.

(3)Subsections (2) and (3) of section 50 above shall apply for the purposes of this section as they apply for the purposes of that section.

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Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

F98Word in s. 51(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(5)(a)(i)

F100Words in s. 51(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(5)(a)(ii)

F101Words in s. 51(2) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(5)(b)

Modifications etc. (not altering text)

C24S. 51 restricted (1.4.1997) by 1996 c. 52, ss. 28(2), 251(4)(b), (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

S. 51 amended (1.4.1997) by 1996 c. 52, ss. 28(6), 251(4)(b); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

51 Revenue deficit grants.S

(1)The Housing Corporation or, as the case may be, Housing for Wales may make a grant to a registered housing association if—

(a)in relation to all housing activities of the association,

(b)in relation to housing activities of the association of a particular description, or

(c)in relation to particular housing activities of the association,

the association’s expenditure as calculated by the Corporation concerned for any period (including a period which is wholly or partly a future period) exceeds its income as so calculated for that period.

(2)In calculating an association’s expenditure or income for the purposes of subsection (1) above, the Housing Corporation or, as the case may be, Housing for Wales—

(a)shall act in accordance with such principles as it may from time to time determine; and

(b)may act on such assumptions (whether or not borne out or likely to be borne out by events) as it may from time to time determine.

(3)Subsections (2) and (3) of section 50 above shall apply for the purposes of this section as they apply for the purposes of that section.

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Extent Information

E9This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

52[E+W

(1)Where a grant to which this section applies, that is to say—

(a)a grant under section 50 or 51 above, or

(b)a grant under section 41 of the 1985 Act or any enactment replaced by that section, or

(c)a grant under section 2(2) of the M31Housing (Scotland) Act 1988,

has been made to a [F102housing association which is a registered social landlord], the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the [F103Relevant Authority] may from time to time determine (in this section referred to as “relevant events”).

(2)The [F103Relevant Authority]... may—

(a)reduce the amount of, or of any payment in respect of, the grant;

(b)suspend or cancel any instalment of the grant; or

(c)direct the association [F104to apply or appropriate for such purposes as the [F103Relevant Authority] may specify, or to pay to the [F103Relevant Authority]] an amount equal to the whole, or such proportion as it may specify, of the amount of any payment made to the association in respect of the grant,

and a direction under paragraph (c) above [F105may require the application, appropriation or payment of an amount with interest] in accordance with subsections (7) to (9) below.

(3)Where, after a grant to which this section applies has been made to an association, a relevant event occurs, the association shall notify the [F103Relevant Authority] and, if so required by written notice of the [F103Relevant Authority], shall furnish it with such particulars of and information relating to the event as are specified in the notice.

(4)Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to an association, the Chief Land Registrar may furnish the [F103Relevant Authority] with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the M32Land Registration Act 1988 for the coming into force of that Act.

(5)Where—

(a)a grant to which this section applies has been made to an association, and

(b)at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other [F106housing association which is a registered social landlord], or trustees for some other such association,

this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other association.

(6)The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—

(a)the [F103Relevant Authority], acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or

(b)the [F103Relevant Authority] may determine to be appropriate.

(7)A direction under subsection (2)(c) above [F107requiring the application, appropriation or payment of an amount with interest] shall specify, in accordance with subsection (9) below,—

(a)the rate or rates of interest (whether fixed or variable) which is or are applicable;

(b)the date from which interest is payable, being not earlier than the date of the relevant event; and

(c)any provision for suspended or reduced interest which is applicable.

(8)In subsection (7)(c) above—

(a)the reference to a provision for suspended interest is a reference to a provision whereby, if [F108the principle amount is applied, appropriated or paid] before a date specified in the direction, no interest will be payable for any period after the date of the direction; and

(b)the reference to a provision for reduced interest is a reference to a provision whereby, if [F109the principle amount is so applied, appropriated or paid], any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.

(9)The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—

(a)such as the [F103Relevant Authority], acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or

(b)such as the [F103Relevant Authority] may determine to be appropriate in the particular case.

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Extent Information

E3This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

F102Words in s. 52(1) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(6)(a)

F103Words in s. 52 substituted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 61(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F104Words in s. 52(2)(c) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(a), 231(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

F105Words in s. 52(2) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(b), 231(4)(b); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

F106Words in s. 52(5)(b) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(6)(b)

F107Words in s. 52(7) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(c), 231(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

F108Words in s. 52(8)(a) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(d), 231(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

F109Words in s. 52(8)(b) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(e), 231(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

Modifications etc. (not altering text)

C27S. 52 excluded (E.W.) (1.8.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 24(7), 231(4)(b) (with s. 51(4)); S.I. 1996/2048, art. 3; S.I. 1996/618, art. 2 (subject to transitional provisions in Sch.)

C28Ss. 50-55 amended (1.4.1997) by 1996 c. 52, s. 28(6) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

Marginal Citations

52 Recovery etc. of grants.S

(1)Where a grant to which this section applies, that is to say—

(a)a grant under section 50 or 51 above, or

(b)a grant under section 41 of the 1985 Act or any enactment replaced by that section, or

(c)a grant under section 2(2) of the M190Housing (Scotland) Act 1988,

has been made to a registered [F436social landlord], the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the Corporation may from time to time determine (in this section referred to as “relevant events”).

(2)The Corporation, acting in accordance with such principles as it may from time to time determine, may—

(a)reduce the amount of, or of any payment in respect of, the grant;

(b)suspend or cancel any instalment of the grant; or

(c)direct the [F437landlord] to pay to it an amount equal to the whole, or such proportion as it may specify, of the amount of any payment made to the [F437landlord] in respect of the grant,

and a direction under paragraph (c) above requiring the payment of any interest on that amount in accordance with subsections (7) to (9) below.

(3)Where, after a grant to which this section applies has been made to [F438a registered social landlord], a relevant event occurs, the [F438landlord] shall notify the Corporation and, if so required by written notice of the Corporation, shall furnish it with such particulars of and information relating to the event as are specified in the notice.

(4)Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to [F438a registered social landlord] , the Chief Land Registrar may furnish the Corporation with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the M191Land Registration Act 1988 for the coming into force of that Act.

(5)Where—

(a)a grant to which this section applies has been made to [F439a registered social landlord], and

(b)at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other registered [F439social landlord], or trustees for some other such [F439landlord],

this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other [F439landlord].

(6)The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—

(a)the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or

(b)the Corporation may determine to be appropriate.

(7)A direction under subsection (2)(c) above requiring the payment of interest on the amount directed to be paid to the Corporation shall specify, in accordance with subsection (9) below,—

(a)the rate or rates of interest (whether fixed or variable) which is or are applicable;

(b)the date from which interest is payable, being not earlier than the date of the relevant event; and

(c)any provision for suspended or reduced interest which is applicable.

(8)In subsection (7)(c) above—

(a)the reference to a provision for suspended interest is a reference to a provision whereby, if the amount which is directed to be paid to the Corporation is paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and

(b)the reference to a provision for reduced interest is a reference to a provision whereby, if that amount is so paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.

(9)The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—

(a)such as the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or

(b)such as the Corporation may determine to be appropriate in the particular case.

[F440(10)In this section and section 53, “registered social landlord” has the same meaning as in the Housing (Scotland) Act 2001 (asp 10).]

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Extent Information

E10This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F436Words in s. 52(1) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(3)(a); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F437Words in s. 52(2)(c) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(3)(b); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F438Words in S. 52(3)(4) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para 15(3)(c)(d); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F439Words in s. 52(5) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(3)(e); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F440S. 52(10) inserted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(3)(f); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

Marginal Citations

53 Determinations under Part II. E+W

(1)A general determination may either—

(a)make the same provision for all cases; or

(b)make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of housing associations or housing activities;

and for the purposes of this subsection descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.

[F110(2)The [F111Housing Corporation] shall not make a general determination under the foregoing provisions of this Part except with the approval of the Secretary of State]

(3)Before making a general determination, the [F112Relevant Authority] shall consult such bodies appearing to it to be representative of housing associations as it considers appropriate; and after making such a determination, the [F112Relevant Authority] shall publish the determination in such manner as it considers appropriate for bringing the determination to the notice of the associations concerned.

(4)In this section “general determination” means a determination under any provision of sections 50 to 52 above, other than a determination relating solely to a particular case.

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Extent Information

E4This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

Modifications etc. (not altering text)

C33Ss. 50-55 amended (1.4.1997) by 1996 c. 52, ss. 28(6), 231(4)(b) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

53 Determinations under Part II. S

(1)A general determination may either—

(a)make the same provision for all cases; or

(b)make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of [F441registered social landlords] or housing activities;

and for the purposes of this subsection descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.

(2)The Corporation shall not make a determination under the foregoing provisions of this Part except with the approval of the Secretary of State given, in the case of a general determination, with the consent of the Treasury.

(3)Before making a general determination, the Corporation shall consult such bodies appearing to it to be representative of [F442registered social landlords] as it considers appropriate; and after making such a determination, the Corporation shall publish the determination in such manner as it considers appropriate for bringing the determination to the notice of the [F442landlords] concerned.

(4)In this section “general determination” means a determination under any provision of sections 50 to 52 above, other than a determination relating solely to a particular case.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E11This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F441Words in s. 53(1)(b) substituted (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(4)(a); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F442Words in s. 53(3) substituted (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(4)(b); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

Modifications etc. (not altering text)

Grants: functions of Secretary of StateE+W+S

54 Tax relief grants.E+W

(1)If a housing association makes a claim to the Secretary of State in respect of a period and satisfies him that throughout the period it was a housing association to which this section applies and its functions either—

(a)consisted exclusively of the function of providing or maintaining housing accommodation for letting or hostels and activities incidental to that function, or

(b)included that function and activities incidental to that function,

the Secretary of State may make grants to the association for affording relief from tax chargeable on the association.

(2)This section applies to a housing association at any time if, at that time—

(a)it is [F113a registered social landlord];

(b)it does not trade for profit; and

(c)it is not approved for the purposes of section 488 of the M33Income and Corporation Taxes Act 1988 (tax treatment of co-operative housing associations).

(3)References in this section to tax chargeable on an association are to income tax (other than income tax which the association is entitled to deduct on making any payment) and corporation tax.

(4)A grant under this section may be made—

(a)in a case falling within subsection (1)(a) above, for affording relief from any tax chargeable on the association for the period in respect of which the claim is made; and

(b)in a case falling within subsection (1)(b) above, for affording relief from such part of any tax so chargeable as the Secretary of State considers appropriate having regard to the other functions of the association;

and in any case shall be of such amount, shall be made at such times and shall be subject to such conditions as the Secretary of State thinks fit.

(5)The conditions may include conditions for securing the repayment in whole or in part of a grant made to an association—

(a)in the event of tax in respect of which it was made being found not to be chargeable; or

(b)in such other events (including the association beginning to trade for profit) as the Secretary of State may determine.

(6)A claim under this section shall be made in such manner and shall be supported by such evidence as the Secretary of State may direct.

(7)The Commissioners of Inland Revenue and their officers may disclose to the Secretary of State such particulars as he may reasonably require for determining whether a grant should be made on a claim or whether a grant should be repaid or the amount of such grant or repayment.

(8)In this section “letting” includes—

(a)in England and Wales, the grant of a shared ownership lease or a licence to occupy;

(b)in Scotland, disposal under a shared ownership agreement or the grant of a right or permission to occupy.

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Extent Information

E5This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

F113Words in s. 54(2) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(7)

Modifications etc. (not altering text)

C36Ss. 50-55 amended (1.4.1997) by 1996 c. 52, ss. 28(6), 231(4)(b) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

Marginal Citations

54 Tax relief grants.S

(1)If a housing association makes a claim to the Secretary of State in respect of a period and satisfies him that throughout the period it was a housing association to which this section applies and its functions either—

(a)consisted exclusively of the function of providing or maintaining housing accommodation for letting or hostels and activities incidental to that function, or

(b)included that function and activities incidental to that function,

the Secretary of State may make grants to the association for affording relief from tax chargeable on the association.

(2)This section applies to a housing association at any time if, at that time—

(a)it is registered;

(b)it does not trade for profit; and

(c)it is not approved for the purposes of section 488 of the M192Income and Corporation Taxes Act 1988 (tax treatment of co-operative housing associations).

(3)References in this section to tax chargeable on an association are to income tax (other than income tax which the association is entitled to deduct on making any payment) and corporation tax.

(4)A grant under this section may be made—

(a)in a case falling within subsection (1)(a) above, for affording relief from any tax chargeable on the association for the period in respect of which the claim is made; and

(b)in a case falling within subsection (1)(b) above, for affording relief from such part of any tax so chargeable as the Secretary of State considers appropriate having regard to the other functions of the association;

and in any case shall be of such amount, shall be made at such times and shall be subject to such conditions as the Secretary of State thinks fit.

(5)The conditions may include conditions for securing the repayment in whole or in part of a grant made to an association—

(a)in the event of tax in respect of which it was made being found not to be chargeable; or

(b)in such other events (including the association beginning to trade for profit) as the Secretary of State may determine.

(6)A claim under this section shall be made in such manner and shall be supported by such evidence as the Secretary of State may direct.

(7)The Commissioners of Inland Revenue and their officers may disclose to the Secretary of State such particulars as he may reasonably require for determining whether a grant should be made on a claim or whether a grant should be repaid or the amount of such grant or repayment.

(8)In this section “letting” includes—

(a)in England and Wales, the grant of a shared ownership lease or a licence to occupy;

(b)in Scotland, disposal under a shared ownership agreement or the grant of a right or permission to occupy.

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Extent Information

E12This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Marginal Citations

55 Surplus rental income.E+W+S

F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F114S. 55 repealed (S.) (30.9.2002) by 2001asp 10 para. 15(5), s. 112, Sch. 10 para. 15(5); S.I. 2002/321, art. 2 (with art. 3-5) and omitted (E.W.) (18.1.2005) by virtue of Housing Act 2004 (c. 34), ss. 218, 270, Sch. 11 para. 5 and repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270, Sch. 16; S.I. 2006/1060, art. 2(1)(e)(ix) (with Sch.); S.I. 2006/1535, art. 2(c)(ix) (with Sch.)

Miscellaneous and supplementalE+W+S

F11556. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

57 Delegation of certain functions.E+W

The Secretary of State may delegate to the [F116Housing Corporation], to such extent and subject to such conditions as he may specify, any of his functions [F117, so far as they relate to English registered social landlords,] under—

(a)section 54 F118... above;

(b)sections 53 (recoupment of surplus rental income), 54 to 57 (deficit grants) and 62 (grants for affording tax relief) of the 1985 Act, so far as continuing in force after the passing of this Act; and

(c)Parts I and II of Schedule 5 to the 1985 Act (residual subsidies);

and where he does so, references to him in those provisions shall be construed accordingly.

[F119In this section “English registered social landlords” means social landlords registered in the register maintained by the Housing Corporation under section 1 of the M34Housing Act 1996.]

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Extent Information

E6This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

F116Words in s. 57 substituted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 66(a) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F117Words in s. 57 inserted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 66(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F118Words in s. 57(a) repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270, Sch. 16; S.I. 2006/1060, art. 2(1)(e)(ix) (with Sch.); S.I. 2006/1535, art. 2(c)(ix) (with Sch.)

F119Definition of "English registered social landlords" in s. 57 inserted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 66(c) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

Marginal Citations

57 Delegation of certain function.S

The Secretary of State may delegate to the Corporation, to such extent and subject to such conditions as he may specify, any of his functions under—

(a)section 54 or 55 above;

(b)sections 53 (recoupment of surplus rental income), 54 to 57 (deficit grants) and 62 (grants for affording tax relief) of the 1985 Act, so far as continuing in force after the passing of this Act; and

(c)Parts I and II of Schedule 5 to the 1985 Act (residual subsidies);

and where he does so, references to him in those provisions shall be construed accordingly.

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Extent Information

E13This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[F12058 Application of Housing Acts to certain transactions.S

(1)This section applies to any tenant of a publicly-funded house who, but for paragraph 1 of Schedule 5 to the M35Housing Act 1985 (no right to buy where landlord a charitable housing trust or housing association), would have the right to buy under Part V of the Housing Act 1985.

(2)A house is publicly-funded for the purposes of subsection (1) above if a grant under section 50 above, or a grant under section 41 of the 1985 Act or any enactment replaced by that section, has been paid in respect of a project which included—

(a)the acquisition of the house;

(b)the acquisition of a building and the provision of the house by means of the conversion of the building; or

(c)the acquisition of land and the construction of the house on the land.

(3)Where a registered housing association contracts for the acquisition of a house and, without taking the conveyance, grant or assignment, disposes of its interest at a discount to a tenant to whom this section applies, the provisions mentioned in subsection (4) below shall have effect as if the association first acquired the house and then disposed of it to the tenant.

(4)The said provisions are—

  • section 4 of the 1985 Act (eligibility for registration);

  • section 8 of that Act (disposal of land by registered housing associations);

  • section 9 of that Act (consent of Corporation to disposals);

  • section 79(2) of that Act (power of Corporation to lend to person acquiring interest from registered housing association);

  • Schedule 2 to that Act (covenants for repayments of discount on early disposal and restricting disposal of houses in National Parks etc.); and

  • section 130 of the M36Housing Act 1985 (reduction of discount on exercise of right to buy where previous discount given).]

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Amendments (Textual)

F120S. 58 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 51(4), 55, 227, 231(4)(b), Sch. 3 para. 10, Sch. 19 Pt. I (with s. 51(4)); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

Marginal Citations

59 Interpretation of Part II and amendments of Housing Associations Act 1985.E+W

(1)In this Part of this Act—

(a)the 1985 Act” means the M37Housing Associations Act 1985; and

(b)[F121subject to subsections (1A) and (1B) below] expressions used in this Part have the same meaning as in the 1985 Act.

[F122(1A)Expressions used in sections 50 to [F12354]F123 and 57 above have the same meaning as in Part I of the Housing Act 1996, subject as follows.

(1B)In those sections “housing activities” and “shared ownership lease”, in relation to times, circumstances and purposes before the commencement of section 1 of the Housing Act 1996 (the register of social landlords), have the same meaning as in the 1985 Act.]

(2)The 1985 Act shall have effect subject to the amendments in Schedule 6 to this Act, being amendments—

(a)extending the supervisory powers conferred by Part I of the 1985 Act;

(b)making provision incidental to and consequential upon F124. . . the establishment by the Housing (Scotland) Act 1988 of Scottish Homes;

(c)making provision incidental to and consequential upon [F125the] provisions of this Part of this Act and the provisions of Part IV of this Act; and

(d)varying the grounds on which the Secretary of State may remove a member of the Housing Corporation from office.

(3)In Schedule 6 to this Act,—

(a)Part I contains amendments of Part I of the 1985 Act, including amendments which reproduce the effect of amendments made by Schedule 3 to the Housing (Scotland) Act 1988 with respect to Scottish Homes; and

(b)Parts II and III contain amendments of Parts II and III respectively of the 1985 Act.

(4)Without prejudice to the operation of Schedule 3 to the Housing (Scotland) Act 1988 in relation to anything done before the day appointed for the coming into force of this section, for the purpose of giving effect to the amendments in Part I of Schedule 6 to this Act, the said Schedule 3 shall be deemed never to have come into force.

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Extent Information

E7This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

F121Words in s. 59(1)(b) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(9)(b)

F123Word in s. 59(1A) substituted (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 218, 270, Sch. 11 para. 6

F125Word in s. 59(2)(c) substituted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 67(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

Marginal Citations

59Interpretation of Part II and amendments of Housing Associations Act 1985.S

(1)In this Part of this Act—

(a)the 1985 Act” means the M193Housing Associations Act 1985; and

(b)except as provided in section 50(1) above, “the Corporation”[F443means [F444the Scottish Ministers]] and other expressions used in this Part have the same meaning as in the 1985 Act.

(2)The 1985 Act shall have effect subject to the amendments in Schedule 6 to this Act, being amendments—

(a)extending the supervisory powers conferred by Part I of the 1985 Act;

F445(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)making provision incidental to and consequential upon [F446the] provisions of this Part of this Act and the provisions of Part IV of this Act; and

(d)varying the grounds on which the Secretary of State may remove a member of the Housing Corporation from office.

(3)In Schedule 6 to this Act,—

(a)Part I contains amendments of Part I of the 1985 Act, including amendments which reproduce the effect of amendments made by Schedule 3 to the Housing (Scotland) Act 1988 with respect to Scottish Homes; and

(b)Parts II and III contain amendments of Parts II and III respectively of the 1985 Act.

(4)Without prejudice to the operation of Schedule 3 to the Housing (Scotland) Act 1988 in relation to anything done before the day appointed for the coming into force of this section, for the purpose of giving effect to the amendments in Part I of Schedule 6 to this Act, the said Schedule 3 shall be deemed never to have come into force.

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Extent Information

E14This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F443Words in s. 59(1)(b) inserted (S.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 19(9)(a)

F444Words in s. 59(1)(b) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(6)(a); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F445S. 59(2)(b) repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(6)(b); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

Marginal Citations

Part IIIE+W Housing Action Trust Areas

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Modifications etc. (not altering text)

C37Pt. III (ss. 60-92) amended (24.9.1996) by 1996 c. 52, ss. 221(1)(c), 232(2)

Areas and trustsE+W

60 Housing action trust areas.E+W

(1)Subject to section 61 below, the Secretary of State may by order designate an area of land for which, in his opinion, it is expedient that a corporation, to be known as a housing action trust, having the functions specified in this Part of this Act, should be established.

(2)The area designated by an order under this section may comprise two or more parcels of land which—

(a)need not be contiguous; and

(b)need not be in the district of the same local housing authority.

(3)An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(4)In deciding whether to make an order under this section designating any area of land, the Secretary of State shall have regard to such matters as he thinks fit.

(5)Without prejudice to the generality of subsection (4) above, among the matters to which the Secretary of State may have regard in deciding whether to include a particular area of land in an order under this section, are—

(a)the extent to which the housing accommodation in the area as a whole is occupied by tenants or owner-occupiers and the extent to which it is local authority housing;

(b)the physical state and design of the housing accommodation in the area and any need to repair or improve it;

(c)the way in which the local authority housing in the area is being managed; and

(d)the living conditions of those who live in the area and the social conditions and general environment of the area.

(6)An area designated by an order under this section shall be known as a housing action trust area and in the following provisions of this Part of this Act—

(a)such an area is referred to as a “designated area”; and

(b)an order under this section is referred to as a “designation order”.

61 Consultation and publicity.E+W

(1)Before making a designation order, the Secretary of State shall consult every local housing authority any part of whose district is to be included in the proposed designated area.

(2)Where the Secretary of State is considering a proposal to make a designation order, he shall use his best endeavours to secure that notice of the proposal is given to all tenants of houses in the area proposed to be designated who are either secure tenants [F126or introductory tenants] or tenants of such description as may be prescribed by regulations.

(3)After having taken the action required by subsection (2) above, the Secretary of State shall either—

(a)make arrangements for such independent persons as appear to him to be appropriate to conduct, in such manner as seems best to them, a ballot or poll of the tenants who have been given notice of the proposal as mentioned in that subsection with a view to establishing their opinions about the proposal to make a designation order; or

(b)if it seems appropriate to him to do so, arrange for the conduct of a ballot or poll of those tenants in such manner as appears to him best suited to establish their opinions about the proposal.

(4)If it appears from a ballot or poll conducted as mentioned in subsection (3) above that a majority of the tenants who, on that ballot or poll, express an opinion about the proposal to make the designation order are opposed to it, the Secretary of State shall not make the order proposed.

(5)The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)Consultation undertaken before the passing of this Act shall constitute as effective compliance with subsection (1) above as if undertaken after that passing.

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Amendments (Textual)

F126Words in s. 61(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(a)

62 Housing action trusts.E+W

(1)Subject to subsection (2) below, where the Secretary of State makes a designation order, he shall, in that order or by a separate order, either—

(a)establish a housing action trust for the designated area; or

(b)specify as the housing action trust for the designated area a housing action trust already established for another designated area.

(2)Such a separate order as is referred to in subsection (1) above shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(3)Subject to subsection (4) below, a housing action trust shall be a body corporate by such name as may be prescribed by the order establishing it.

(4)Where the Secretary of State makes the provision referred to in subsection (1)(b) above,—

(a)the housing action trust specified in the order shall, by virtue of the order, be treated as established for the new designated area (as well as for any designated area for which it is already established); and

(b)the order may alter the name of the trust to take account of the addition of the new designated area.

(5)Schedule 7 to this Act shall have effect with respect to the constitution of housing action trusts and Schedule 8 to this Act shall have effect with respect to their finances.

(6)It is hereby declared that a housing action trust is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and that the trust’s property is not to be regarded as the property of, or property held on behalf of, the Crown.

(7)At the end of section 4 of the M38Housing Act 1985 (descriptions of authority) there shall be added—

(f)housing action trust” means a housing action trust established under Part III of the Housing Act 1988; and at the end of section 14 of the M39Rent Act 1977 (landlord’s interest belonging to local authority etc.) there shall be added—

(h)a housing action trust established under Part III of the Housing Act 1988.

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Marginal Citations

63 Objects and general powers of housing action trusts.E+W

(1)The primary objects of a housing action trust in relation to the designated area for which it is established shall be—

(a)to secure the repair or improvement of housing accommodation for the time being held by the trust;

(b)to secure the proper and effective management and use of that housing accommodation;

(c)to encourage diversity in the interests by virtue of which housing accommodation in the area is occupied and, in the case of accommodation which is occupied under tenancies, diversity in the identity of the landlords; and

(d)generally to secure or facilitate the improvement of living conditions [F127of those living] in the area and the social conditions and general environment of the area.

(2)Without prejudice to subsection (1) above, a housing action trust may—

(a)provide and maintain housing accommodation; and

(b)facilitate the provision of shops, advice centres and other facilities for the benefit of the community or communities who live in the designated area.

[F128(2A)For the avoidance of doubt it is hereby declared that it is immaterial for the purposes of this section whether action taken by a housing action trust for achieving its objects or exercising the powers conferred on it by subsection (2) above also—

(a)benefits persons who do not live in the designated area; or

(b)improves the social conditions or general environment of an area outside the designated area.]

(3)For the purpose of achieving its objects and exercising the powers conferred on it by subsection (2) above, a housing action trust may—

(a)acquire, hold, manage, reclaim and dispose of land and other property;

(b)carry out building and other operations;

(c)seek to ensure the provision of water, electricity, gas, sewerage and other services; and

(d)carry on any business or undertaking;

and may generally do anything necessary or expedient for the purposes of those objects and powers or for purposes incidental thereto.

(4)For the avoidance of doubt it is hereby declared that subsection (3) above relates only to the capacity of a housing action trust as a statutory corporation; and nothing in this section authorises such a trust to disregard any enactment or rule of law.

F129(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A transaction between any person and a housing action trust shall not be invalidated by reason of any failure by the trust to observe the objects in subsection (1) above or the requirement that the trust shall exercise the powers conferred by subsections (2) and (3) above for the purpose referred to in that subsection.

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Amendments (Textual)

F127Words in s. 63(1)(d) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 25(1)(a); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

F128S. 63(2A) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 25(1)(b); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

64 The housing action trust’s proposals for its area.E+W

(1)As soon as practicable after a housing action trust has been established for a designated area, the trust shall prepare a statement of its proposals with regard to the exercise of its functions in [F130relation to] the area.

(2)The trust shall consult every local housing authority or county council, any part of whose area lies within the designated area, with regard to the proposals contained in the statement prepared under subsection (1) above.

(3)A housing action trust shall take such steps as it considers appropriate to secure—

(a)that adequate publicity is given in the designated area to the proposals contained in the statement prepared under subsection (1) above;

(b)that those who live in the designated area are made aware that they have an opportunity to make, within such time as the trust may specify, representations to the trust with respect to those proposals; and

(c)that those who live in the designated area are given an adequate opportunity of making such representations;

and the trust shall consider any such representations as may be made within the time specified.

(4)As soon as may be after a housing action trust has complied with the requirements of subsections (1) to (3) above it shall send to the Secretary of State a copy of the statement prepared under subsection (1) above together with a report of—

(a)the steps the trust has taken to consult as mentioned in subsection (2) above and to secure the matters referred to in subsection (3) above; and

(b)the consideration it has given to points raised in the course of consultation and to representations received.

(5)At such times as a housing action trust considers appropriate or as it may be directed by the Secretary of State, the trust shall prepare a further statement of its proposals with regard to the exercise of its functions in [F130relation to] its area; and subsections (2) to (4) above shall again apply as they applied in relation to the first statement.

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Amendments (Textual)

F130Words in s. 64(1)(5) inserted (1.10.1996) by 1996 c. 52, s. 22, Sch. 18 Pt. IV para. 25(2); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

FunctionsE+W

65 Housing action trust as housing authority etc.E+W

(1)If the Secretary of State so provides by order, in a designated area or, as the case may be, in such part of the area as may be specified in the order, the housing action trust for the area shall have such of the functions described in subsection (2) below as may be so specified.

(2)The functions referred to in subsection (1) above are—

(a)the functions conferred on a local housing authority by Parts II, VI, VII and IX to [F131XI] and XVI of the M40Housing Act 1985 and section 3(1) of the M41Chronically Sick and Disabled Persons Act 1970;

(b)the functions conferred by Part II of the M42Housing Associations Act 1985 on a local authority, within the meaning of that Act; and

(c)the functions conferred by sections 39 to 41 of the M43Land Compensation Act 1973 on the authority which is “the relevant authority” for the purposes of section 39 of that Act.

(3)As respects the designated area or part thereof to which an order under this section applies, on the coming into force of the order, any function conferred on a housing action trust by the order shall, according to the terms of the order, be exercisable either—

(a)by the trust instead of by the authority by which, apart from the order, the function would be exercisable; or

(b)by the trust concurrently with that authority.

(4)Any enactment under which a housing action trust is to exercise a function by virtue of an order under this section shall have effect—

(a)in relation to the trust, and

(b)where the trust is to have the function concurrently with another authority, in relation to that authority,

subject to such modifications (if any) as may be specified in the order.

(5)Where a housing action trust is to exercise functions conferred on a local housing authority by any of Parts VI, VII, IX and XI of the Housing Act 1985, section 36 of the M44Local Government Act 1974 (recovery by local authorities of establishment charges) shall apply to the housing action trust as if it were a local authority within the meaning of that section.

(6)Such (if any) of the provisions of Parts XVII and XVIII of the Housing Act 1985 (compulsory purchase, land acquisition and general provisions) as may be specified in an order under this section shall have effect in relation to a housing action trust subject to such modifications as may be specified in the order.

(7)An order under this section—

(a)may contain such savings and transitional and supplementary provisions as appear to the Secretary of State to be appropriate; and

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

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Amendments (Textual)

F131Word in s. 65(2)(a) substituted (3.5.1997) by 1996 c. 62, s. 80(2)(b); S.I. 1997/350, art. 2

Marginal Citations

66 Planning control.E+W

(1)A housing action trust may submit to the Secretary of State proposals for the development of land within its designated area and the Secretary of State, after consultation with the local planning authority within whose area the land is situated and with any other local authority which appears to him to be concerned, may approve any such proposals either with or without modification.

(2)Without prejudice to the generality of the powers conferred by [F132sections 59 to 61 of the 1990 Act], a special development order made by the Secretary of State under [F132section 59] with respect to a designated area may grant permission for any development of land in accordance with proposals approved under subsection (1) above, subject to such conditions, if any (including conditions requiring details of any proposed development to be submitted to the local planning authority), as may be specified in the order.

(3)The Secretary of State shall give to a housing action trust such directions with regard to the disposal of land held by it and with respect to the development by it of such land as appear to him to be necessary or expedient for securing, so far as practicable, the preservation of any features of special architectural or historical interest and, in particular, of any buildings included in any list compiled or approved or having effect as if compiled or approved under [F133section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990] (which relates to the compilation or approval by the Secretary of State of lists of buildings of special architectural or historical interest).

(4)Any reference in this section to the local planning authority,—

(a)in relation to land in [F134Wales,] Greater London or a metropolitan county, is a reference to the authority which is the local planning authority as ascertained in accordance with [F135sections 1 and 2 of the 1990 Act]; and

(b)in relation to other land, is a reference to the district planning authority and also (in relation to proposals for any development which is a county matter, as defined in [F136paragraph 1 of Schedule 1 to the 1990 Act]) to the county planning authority.

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Amendments (Textual)

67 Housing action trust as planning authority.E+W

(1)[F137The Secretary of State may by order provide that, for such purposes of Part III of the 1990 Act and sections 67 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990,] and in relation to such kinds of development as may be specified in the order, a housing action trust shall be the local planning authority for the whole or such part as may be so specified of its designated area . . . F138

(2)An order under subsection (1) above may provide—

(a)that any enactment relating to local planning authorities shall not apply to the trust; and

(b)that any such enactment which applies to the trust shall apply to it subject to such modifications as may be specified in the order.

(3)An order made by the Secretary of State may provide—

(a)that, subject to any modifications specified in the order, a housing action trust specified in the order shall have, in the whole or any part of its designated area . . . F139, such of the functions conferred by [F140the provisions mentioned in subsection (3A) below] as may be so specified; and

(b)that such of the provisions of [F141Part VI and sections 249 to 251 and 258 of the 1990 Act and sections 32 to 37 of the Planning (Listed Buildings and Conservation Areas) Act 1990] as are mentioned in the order shall have effect, in relation to the housing action trust specified in the order and to land in the trust’s area, subject to the modifications there specified.

[F142(3A)The provisions referred to in subsection (3)(a) above are sections 96, 100, 104 [F143171C, 171D],172 to 185, 187 to 202, 206 to 222, 224, 225, 231 and 320 to 336 of and paragraph 11 of Schedule 9 to the 1990 Act, Chapters I, II and IV of Part I and sections 54 to 56, 59 to 61, 66, 68 to 72, 74 to 76 and 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and sections 4 to 15, 17 to 21, 23 to [F14426AA, 36 and 36A] of the Planning (Hazardous Substances) Act 1990.]

(4)An order under subsection (3) above may provide that, for the purposes of any of the provisions specified in the order, any enactment relating to local planning authorities shall apply to the housing action trust specified in the order subject to such modifications as may be so specified.

(5)(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F145

(7)Any power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and any such order shall have effect subject to such savings and transitional provisions as may be specified in the order.

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Amendments (Textual)

68 Public health.E+W

(1)The Secretary of State may by order provide that, in relation to premises comprising or consisting of housing accommodation, a housing action trust shall have in its designated area (or in such part of its designated area as may be specified in the order) the functions conferred on a local authority—

(a)by sections 83 and 84 of the M45Public Health Act 1936 (the “1936 Act”) and section 36 of the M46Public Health Act 1961 (all of which relate to filthy or verminous premises or articles);

(b)by any enactment contained in Part III (nuisances and offensive trades) of the 1936 Act;

(c)by so much of Part XII of the 1936 Act as relates to any of the enactments mentioned in paragraphs (a) and (b) above; and

(d)by Part I of the M47Prevention of Damage by Pests Act 1949 (rats and mice).

(2)On the order coming into force, the trust shall have the functions conferred in relation to the designated area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

(3)The order may provide that any enactment under which the trust is to exercise functions by virtue of the order shall have effect in relation to the trust and, where the trust is to have any function concurrently with another authority, in relation to that authority, as modified by the order.

(4)Where an order under this section provides that a housing action trust shall have the functions conferred upon a local authority by Part III of the 1936 Act, section 36 of the M48Local Government Act 1974 (recovery by local authorities of establishment charges) shall apply to the housing action trust as if it were a local authority within the meaning of that section.

(5)The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(6)The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Marginal Citations

69 Highways.E+W

(1)When any street works have been executed [F146on any land in a designated area which was then or has since become a private street (or part of a private street)], the housing action trust may serve a notice on the street works authority requiring it to declare the street (or part) to be a highway which for the purposes of the M49Highways Act 1980 is a highway maintainable at the public expense.

(2)Within the period of two months beginning on the date of the service of a notice under subsection (1) above, the street works authority may appeal against the notice to the Secretary of State F147. . .

(3)After considering any representations made to him by the housing action trust and the street works authority, the Secretary of State shall determine an appeal under subsection (2) above by setting aside or confirming the notice under subsection (1) above (with or without modifications).

(4)Where, under subsection (3) above, the Secretary of State confirms a notice,—

(a)he may at the same time impose conditions (including financial conditions) upon the housing action trust with which the trust must comply in order for the notice to take effect, and

(b)the highway (or part) shall become a highway maintainable at the public expense with effect from such date as the Secretary of State may specify.

(5)Where a street works authority neither complies with the notice under subsection (1) above, nor appeals under subsection (2) above, the street (or part) concerned shall become a highway maintainable at the public expense upon the expiry of the period of two months referred to in subsection (2) above.

(6)In this section “private street” and “street works authority” have the same meanings as in Part XI of the M50Highways Act 1980.

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Amendments (Textual)

F146Words in s. 69(1) substituted (11.10.1993) by 1993 c. 28, s. 182(1); S.I. 1993/2134, arts. 2, 4

F147Words in s. 69(2) repealed (11.10.1993) by 1993 c. 28, ss. 182(2), 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4

Marginal Citations

F14870. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F148S. 70 repealed (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2 (subject to transitional provisions in Sch. para. 1)

71 Power to give financial assistance.E+W

(1)For the purpose of achieving its objects a housing action trust may, with the consent of the Secretary of State, give financial assistance to any person.

(2)Financial assistance under subsection (1) above may be given in any form and, in particular, may be given by way of—

(a)grants,

(b)loans,

(c)guarantees,

(d)incurring expenditure for the benefit of the person assisted, or

(e)purchasing loan or share capital in a company.

(3)Financial assistance under subsection (1) above may be given on such terms as the housing action trust, with the consent of the Secretary of State, considers appropriate.

(4)Any consent under this section—

(a)may be given either unconditionally or subject to conditions; and

(b)may be given in relation to a particular case or in relation to such description of cases as may be specified in the consent;

and the reference in subsection (3) above to the consent of the Secretary of State is a reference to his consent given with the approval of the Treasury.

(5)The terms referred to in subsection (3) above may, in particular, include provision as to—

(a)the circumstances in which the assistance must be repaid or otherwise made good to the housing action trust and the manner in which that is to be done; or

(b)the circumstances in which the housing action trust is entitled to recover the proceeds or part of the proceeds of any disposal of land or buildings in respect of which assistance was provided.

(6)Any person receiving assistance under subsection (1) above shall comply with the terms on which it is given and compliance may be enforced by the housing action trust.

72 Directions as to exercise of functions.E+W

(1)In the exercise of its functions, a housing action trust shall comply with any directions given by the Secretary of State.

(2)Directions given by the Secretary of State may be of a general or particular character and may be varied or revoked by subsequent directions.

(3)The Secretary of State shall publish any direction given under this section.

(4)A transaction between any person and a housing action trust acting in purported exercise of its powers under this Part of this Act shall not be void by reason only that the transaction was carried out in contravention of a direction given under this section; and a person dealing with a housing action trust shall not be concerned to see or enquire whether a direction under this section has been given or complied with.

73 Transfer of functions.E+W

(1)If, in the case of any designated area, it appears to the Secretary of State that it is expedient that the functions of a housing action trust established for the area should be transferred—

(a)to the housing action trust established for another designated area, or

(b)to a new housing action trust to be established for the area,

he may by order provide for the dissolution of the first-mentioned trust and for the transfer of its functions, property, rights and liabilities to the trust referred to in paragraph (a) above, or, as the case may be, to a new housing action trust established for the area by the order.

(2)Where an order under this section provides for the functions of a housing action trust established for a designated area to be transferred to the housing action trust established for another designated area—

(a)the latter trust shall, by virtue of the order, be treated as established for the first-mentioned designated area (as well as the area referred to in subsection (1)(a) above); and

(b)the order may alter the name of the latter trust in such manner as appears to the Secretary of State to be expedient.

(3)Before making an order under this section the Secretary of State shall consult the housing action trust whose functions are to be transferred and also, in a case falling within subsection (1)(a) above, the housing action trust to whom the functions are to be transferred.

(4)An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

Transfer of housing accommodation etc.E+W

74 Transfer of land and other property to housing action trusts.E+W

(1)The Secretary of State may by order provide for the transfer from a local housing authority to a housing action trust of—

(a)all or any of the authority’s local authority housing situated in the designated area; and

(b)any other land held or provided in connection with that local authority housing.

(2)Without prejudice to the powers under subsection (1) above, if in the opinion of the Secretary of State a housing action trust requires for the purposes of its functions any land which, though not falling within that subsection, is situated in the designated area and held (for whatever purpose) by a local authority, the Secretary of State may by order provide for the transfer of that land to the trust.

(3)The Secretary of State may by order transfer from a local housing authority or other local authority to a housing action trust so much as appears to him to be appropriate of any property which is held or used by the authority in connection with any local authority housing or other land transferred to the trust under subsection (1) or subsection (2) above; and for this purpose “property” includes chattels of any description and rights and liabilities, whether arising by contract or otherwise.

(4)A transfer of any local authority housing or other land or property under the preceding provisions of this section shall be on such terms, including financial terms, as the Secretary of State thinks fit; and an order under this section may provide that, notwithstanding anything in section 141 of the M51Law of Property Act 1925 (rent and benefit of lessee’s covenants to run with the reversion), any rent or other sum which—

(a)arises under a tenancy of any local authority housing or other land transferred to the housing action trust under subsection (1) or subsection (2) above, and

(b)falls due before the date of the transfer,

shall continue to be recoverable by the local housing authority or, as the case may be, the local authority to the exclusion of the trust and of any other person in whom the reversion on the tenancy may become vested.

(5)Without prejudice to the generality of subsection (4) above, the financial terms referred to in that subsection may include provision for payments by a local authority (as well as or instead of payments to a local authority); and the transfer from a local housing authority or other local authority of any local authority housing or other land or property by virtue of this section shall not be taken to give rise to any right to compensation.

(6)Where an order is made under this section—

(a)payments made by a local authority as mentioned in subsection (5) above shall be [F149[F150capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance)]F150;]

(b)unless the order otherwise provides, payments made to a local authority as mentioned in subsection (5) above shall be regarded for the purposes of [F151section 9(1) of that Act as sums received by the authority in respect of the disposal by it of an interest in a capital asset.F151]

(7)Any power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)In this section “local authority” means any of the following—

(a)a local housing authority;

(b)the council of a county;

(c)the Inner London Education Authority;

(d)an authority established by an order under section 10(1) of the M52Local Government Act 1985 (waste disposal);

(e)a joint authority established by Part IV of that Act; F152. . .

(f)a residuary body established by Part VII of that Act.

[F153(fa)an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

(fb)a combined authority established under section 103 of that Act;]

[F154F153(g)the London Fire and Emergency Planning Authority.]

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Amendments (Textual)

F150Words in s. 74(6)(a) substituted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 238(1)(a), 245; S.I. 2008/172, art. 2(1)(t) (as amended by S.I. 2008/337. art. 3)

F151Words in s. 74(6)(b) substituted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 238(1)(b), 245; S.I. 2008/172, art. 2(1)(t) (as amended by S.I. 2008/337. art. 3)

Marginal Citations

75 Supplementary provisions as to transfer orders.E+W

(1)In this section a “transfer order” means an order under any of subsections (1) to (3) of section 74 above and, in relation to a transfer order, “the transferor authority” means the local housing authority or other local authority from whom local authority housing or other land or property is or is to be transferred by the order.

(2)Before making a transfer order, the Secretary of State shall consult the transferor authority with respect to—

(a)the local authority housing or other land or property which it is proposed should be transferred by the order; and

(b)the terms of the proposed transfer.

(3)Before making a transfer order with respect to any local authority housing or other land, the Secretary of State shall take such steps as appear to him to be appropriate to bring the proposed transfer to the attention of any secure tenant [F155or introductory tenant] or other person (other than a local authority) having an interest in the property proposed to be transferred as lessor, lessee, mortgagor or mortgagee.

(4)In connection with any transfer made by it, a transfer order may contain such incidental, consequential, transitional or supplementary provisions as appear to the Secretary of State to be necessary or expedient and, in particular, may—

(a)apply, with or without modification, any provision made by or under any enactment; and

(b)modify the operation of any provision made by or under any enactment.

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Amendments (Textual)

F155Words in s. 75(3) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(b)

Vesting and acquisition of landE+W

76 Vesting by order in housing action trust.E+W

(1)Subject to subsections (2) and (3) below, the Secretary of State may by order provide that land specified in the order which is vested in statutory undertakers or any other public body or in a wholly-owned subsidiary of a public body shall vest in a housing action trust established or to be established for the designated area in which the land is situated.

(2)An order under this section may not specify land vested in statutory undertakers which is used for the purpose of carrying on their statutory undertakings or which is held for that purpose.

(3)In the case of land vested in statutory undertakers, the power to make an order under this section shall be exercisable by the Secretary of State and the appropriate Minister.

(4)Part I of Schedule 9 to this Act shall have effect for supplementing the preceding provisions of this section.

(5)An order under this section shall have the same effect as a declaration under the M53Compulsory Purchase (Vesting Declarations) Act 1981 except that, in relation to such an order, the enactments mentioned in Part II of Schedule 9 to this Act shall have effect subject to the modifications specified in that Part.

(6)Compensation under the M54Land Compensation Act 1961, as applied by subsection (5) above and Part II of Schedule 9 to this Act, shall be assessed by reference to values current on the date the order under this section comes into force.

[(6A)No order shall be made under this section in relation to a universal service provider (within the meaning of the Postal Services Act 2000).]

(7)An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

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Modifications etc. (not altering text)

Marginal Citations

77 Acquisition by housing action trust.E+W

(1)For the purposes of achieving its objects (and performing any of its functions), a housing action trust may acquire land within its designated area by agreement or, on being authorised to do so by the Secretary of State, compulsorily.

(2)A housing action trust may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily)—

(a)land adjacent to the designated area which the trust requires for purposes connected with the discharge of its functions in the area; and

(b)land outside the designated area (whether or not adjacent to it) which the trust requires for the provision of services in connection with the discharge of its functions in the area.

(3)Where a housing action trust exercises its powers under subsection (1) or subsection (2) above in relation to land which forms part of a common or open space or fuel or field garden allotment, the trust may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily) land for giving in exchange for the land acquired.

(4)Subject to section 78 below, the M55Acquisition of Land Act 1981 shall apply in relation to the compulsory acquisition of land in pursuance of the preceding provisions of this section.

(5)A housing action trust may be authorised by the Secretary of State, by means of a compulsory purchase order, to purchase compulsorily such new rights as are specified in the order—

(a)being rights over land in the designated area and which the trust requires for the purposes of its functions;

(b)being rights over land adjacent to the designated area and which the trust requires for purposes connected with the discharge of its functions in the area; and

(c)being rights over land outside the designated area (whether or not adjacent to it) and which the trust requires for the provision of services in connection with the discharge of its functions in the area.

(6)In subsection (5) above—

(a)new rights” means rights which are not in existence when the order specifying them is made; and

(b)compulsory purchase order” has the same meaning as in the Acquisition of Land Act 1981;

and Schedule 3 to that Act shall apply to a compulsory purchase of a right by virtue of subsection (5) above.

(7)The provisions of Part I of the M56Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply in relation to the acquisition of land by agreement under this section; and in that Part as so applied “land” has the meaning given by the M57Interpretation Act 1978.

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Marginal Citations

78 Supplementary provisions as to vesting, acquisition and compensation.E+W

(1)The M58Acquisition of Land Act 1981, as applied by section 77 above, shall have effect subject to the modifications in Part I of Schedule 10 to this Act.

(2)The supplementary provisions in Parts II and III of that Schedule shall have effect, being,—

(a)as to those in Part II, provisions about land vested in or acquired by a housing action trust under this Part of this Act; and

(b)as to those in Part III, provisions about the acquisition by a housing action trust of rights over land under section 77(5) above.

(3)In Schedule 1 to the M59Land Compensation Act 1961 (actual or prospective development which is not to be taken into account in assessing compensation in certain cases or the effect of which is to reduce compensation in certain cases of adjacent land in the same ownership), the following paragraph shall be added after the paragraph 4A inserted by section 145 of the M60Local Government, Planning and Land Act 1980:

4BWhere any of the relevant land forms part of a housing action trust area established under Part III of the Housing Act 1988.

Development of any land other than the relevant land in the course of the development or re-development of the area as a housing action trust area.

(4)In section 6 of the Land Compensation Act 1961 (disregard of actual or prospective development in certain cases) in subsection (1)(b) for “4A” there shall be substituted “4B”.

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Marginal Citations

Disposals of landE+W

79 Disposal of land by housing action trusts.E+W

(1)Subject to subsection (2) below and any directions given by the Secretary of State, a housing action trust may, with the consent of the Secretary of State, dispose of any land for the time being held by it to such persons, in such manner and on such terms as it considers expedient for the purpose of achieving its objects.

(2)A housing action trust may not dispose of a house which is for the time being subject to a secure tenancy [F156or an introductory tenant] except—

[F157(a)to a registered social landlord (within the meaning of Part I of the Housing Act 1996), or]

(b)to a local housing authority or other local authority F158. . .;

but this subsection does not apply to a disposal under Part V of the M61Housing Act 1985 (the right to buy).

(3)The reference in subsection (1) above to disposing of land includes a reference to granting an interest in or right over land and, in particular, the granting of an option to purchase the freehold of, or any other interest in, land is a disposal for the purposes of that subsection; and a consent under that subsection given to such a disposal extends to a disposal made in pursuance of the option.

(4)The consent of the Secretary of State referred to in subsection (1) above may be given—

(a)either generally to all housing action trusts or to a particular trust or description of trust;

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

(c)subject to conditions.

(5)Without prejudice to the generality of subsection (4)(c) above, consent under subsection (1) above may, in particular, be given subject to conditions as to the price, premium or rent to be obtained by the housing action trust 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 housing action trust.

[F159(5A)Subsection (2) above has effect as if the saving effected by paragraph 9 of the Schedule to the Housing Act 1996 (Commencement No. 3 and Transitional Provisions) Order 1996 related also to disposals of houses subject to introductory tenancies.]

F160(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F160(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F160(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F160(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F160(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)In section 45(2)(b) of the M62Housing Act 1985 (which defines “public sector authority” for the purposes of provisions of that Act restricting service charges payable after disposal of a house) after the entry “an urban development corporation” there shall be inserted “a housing action trust”.

(12)A housing action trust shall be treated as a local authority for the purposes of sections 18 to 30 of the M63Landlord and Tenant Act 1985 (service charges).

(13)The provisions of Schedule 11 to this Act shall have effect in the case of certain disposals of houses by a housing action trust.

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Amendments (Textual)

F156Words in s. 79(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(c)

F157S. 79(2): paragraph (a) and word “or” at the end of the paragraph substituted (1.10.1996) by 1996 c. 52, s. 55, Sch. 3 para. 11 (with s. 51(4); S.I. 1996/2402, art. 3

Modifications etc. (not altering text)

Marginal Citations

80 Disposals made without consent.E+W

(1)Any disposal of a house by a housing action trust which is made without the consent required by section 79(1) above 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)Subject to subsection (1) above,—

(a)a disposal of any land made by a housing action trust shall not be invalid by reason only that it is made without the consent required by section 79(1) above; and

(b)a person dealing with a housing action trust or with a person claiming under such a trust shall not be concerned to see or enquire whether any consent required by section 79(1) above has been obtained.

81 Consent required for certain subsequent disposals.E+W

(1)If, by a material disposal, a housing action trust disposes of a house which is for the time being subject to a secure tenancy [F161or an introductory tenancy] to such a person as is mentioned in section 79(2)(a) above (in this section referred to as an “approved person”), the conveyance shall contain a statement that the requirement of this section as to consent applies to a subsequent disposal of the house by the approved person.

(2)For the purposes of this section a “material disposal” is—

(a)the transfer of the fee simple;

(b)the transfer of an existing lease; or

(c)the grant of a new lease; and “the conveyance” means the instrument by which such a disposal is effected.

(3)An approved person who acquires a house on a material disposal falling within subsection (1) above shall not dispose of it except with the consent of the Secretary of State which may be given either unconditionally or subject to conditions; but nothing in this subsection shall apply in relation to an exempt disposal as defined in subsection (8) below.

(4)Where an estate or interest in a house acquired by an approved person as mentioned in subsection (3) above has been mortgaged or charged, the prohibition in that subsection applies also to a disposal by the mortgagee or chargee in exercise of a power of sale or leasing, whether or not the disposal is in the name of the approved person; and in any case where—

(a)by operation of law or by virtue of an order of a court, property which has been acquired by an approved person passes or is transferred to another person, and

(b)that passing or transfer does not constitute a disposal for which consent is required under subsection (3) above,

this section (including, where there is more than one such passing or transfer, this subsection) shall apply as if the other person to whom the property passes or is transferred were the approved person.

(5)Before giving consent in respect of a disposal to which subsection (3) above applies, the Secretary of State—

(a)shall satisfy himself that the person who is seeking the consent has taken appropriate steps to consult every tenant of any house proposed to be disposed of; and

(b)shall have regard to the responses of any such tenants to that consultation.

(6)If, apart from subsection (7) below, the consent of the [F162Housing Corporation] would be required under [F163section 9 or 42 of the Housing Act 1996 (control of dispositions by registered social landlords) or] section 9 of the M64 Housing Associations Act 1985 (control of dispositions of land by [F164unregistered] housing associations) for a disposal to which subsection (3) above applies, the Secretary of State shall consult the [F162Housing Corporation] before giving his consent in respect of the disposal for the purposes of this section.

(7)No consent shall be required under [F165section 9 or 42 of the Housing Act 1996 or section 9 of the Housing Associations Act 1985] for any disposal in respect of which consent is given [F166under this section].

(8)In this section an “exempt disposal” means—

(a)the disposal of a dwelling-house to a person having the right to buy it under Part V of the M65 Housing Act 1985 (whether the disposal is in fact made under that Part or otherwise);

[F167(ab)the disposal of a dwelling-house to a person having the right to acquire it under Part I of the Housing Act 1996 (see sections 16 and 17 of that Act), whether or not the disposal is in fact made under provisions having effect by virtue of section 17 of that Act]

(b)a compulsory disposal, within the meaning of Part V of the Housing Act 1985;

(c)the disposal of an *easement or rentcharge;

(d)the disposal of an interest by way of security for a loan;

(e)the grant of a secure tenancy or what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule I to the Housing Act 1985;

(f)the grant of an assured tenancy or an assured agricultural occupancy, within the meaning of Part I of this Act, or what would be such a tenancy or occupancy but for any of paragraphs 4 to 8 of Schedule I to this Act; and

(g)the transfer of an interest held on trust for any person where the disposal is made in connection with the appointment of a new trustee or in connection with the discharge of any trustee.

(9)Where the title of a housing action trust to a house which is disposed of by a material disposal falling within subsection (1) above is not registered—

F168(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the housing action trust shall give the approved person a certificate stating that it is entitled to make the disposal subject only to such encumbrances, rights and interests as are stated in the conveyance or summarised in the certificate; and

(c)for the purpose of registration of title, the Chief Land Registrar shall accept such a certificate as evidence of the facts stated in it, but if as a result he has to meet a claim against him under the [F169Land Registration Act 2002]F169 the housing action trust is liable to indemnify him.

[F170(10)Where the Chief Land Registrar approves an application for registration of—

(a)a disposition of registered land, or

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

and the instrument effecting the disposition contains the statement required by subsection (1) above, he shall enter in the register a restriction reflecting the limitation under this section on subsequent disposal.]

F170(11)In this section references to disposing of a house include references to—

(a)granting or disposing of any interest in the house;

(b)entering into a contract to dispose of the house or to grant or dispose of any such interest; and

(c)granting an option to acquire the house or any such interest;

and any reference to a statement or certificate is a reference to a statement or, as the case may be, certificate in a form approved by the Chief Land Registrar.

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Amendments (Textual)

F161Words in s. 81(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(e)

F162Words in s. 81(6) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 68(a)(with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F163Words in s. 81(6) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(10)(a)(i)

F164Words in s. 81(6) substitutued (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(10)(a)(ii)

F165Words in s. 81(7) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(10)(b)

F166Words in s. 81(7) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 68(b)(with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

Marginal Citations

82Power of [F171Relevant Authority] to provide legal assistance to tenants after disposal.E+W

(1)This section applies where a house has been disposed of by a Corporation to disposal falling within section 79(2) above and, in relation to a house provide legal which has been so disposed of, a “transferred tenant” means a tenant of it assistance to who either—

(a)was the secure tenant [F172or the introductory tenant] of the house immediately before the disposal; or

(b)is the widow [F173, widower or surviving civil partner]F173 of the person who was then the secure tenant [F172or the introductory tenant] of it.

(2)On an application by a transferred tenant of a house who is a party or a prospective party to proceedings or prospective proceedings to determine any dispute between himself and the person who acquired the house on the disposal referred to in subsection (1) above, the [F174Relevant Authority] may give assistance to the transferred tenant if it thinks fit to do so—

(a) on the ground that the case raises a question of principle; or

(b)on the ground that it is unreasonable, having regard to the complexity of the case, or to any other matter, to expect the transferred tenant to deal with it without assistance; or

(c)by reason of any other special consideration.

(3)Assistance given by the [F174Relevant Authority] under this section may include—

(a)giving advice;

(b)procuring or attempting to procure the settlement of the matter in dispute;

(c)arranging for the giving of advice or assistance by a solicitor or counsel;

(d)arranging for representation by a solicitor or counsel, including such assistance as is usually given by a solicitor or counsel in the steps preli*minary or incidental to any proceedings, or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings; and

(e)any other form of assistance which the [F174Relevant Authority] may consider appropriate;

but paragraph (d) above does not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any proceedings.

(4)In so far as expenses are incurred by the [F174Relevant Authority] in providing a transferred tenant with assistance under this section, the recovery of those expenses (as taxed or assessed in such manner as may be prescribed by rules of court) shall constitute a first charge for the benefit of the [F174Relevant Authority]

(a)on any costs which (whether by virtue of a judgment or order of a court or an agreement or otherwise) are payable to the tenant by any other person in respect of the matter in connection with which the assistance was given, and

(b)so far as relates to any costs, on his rights under any compromise or settlement arrived at in connection with that matter to avoid or bring to an end any proceedings;

but subject to any charge [F175imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission].

[F176(5)In this section “the [F177Relevant Authority]” in relation to a registered social landlord which acquired the house on the disposal referred to in subsection (1) above means the [F177Relevant Authority] in whose register the landlord is registered.

As to [F178whether that is the Housing Corporation or the Secretary of State], see section 56 of the Housing Act 1996.]

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Amendments (Textual)

F171S. 82: words in side-note substituted (1.11.1998) by 1998 c. 38, s. 140(1), Sch. 16 para. 69(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F172Words in s. 82(1)(a)(b) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(f)

F175Words in s. 82(4) substituted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 paras. 42, 43 (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/774, art. 2(a)(ii)(iii) (with transitional provisions and savings in arts. 3-5)

Modifications etc. (not altering text)

C43S. 82(3)(c)(d) amended (1.1.1992) by S.I. 1991/2684, arts. 2(1), 4, Sch. 1

Secure tenancies and right to buyE+W

83 Application of Parts IV and V of Housing Act 1985.E+W

(1)Parts IV and V of the Housing Act 1985 (secure tenancies and the right to buy) shall be amended in accordance with this section.

(2)In section 80(1) (which lists the landlords whose tenancies can qualify as secure tenancies), after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.

(3)In section 108 (heating charges to secure tenants), in paragraph (a) of subsection (5) (the definition of “heating authority”) after the words “housing authority” there shall be inserted “or housing action trust”.

(4)In section 114 (meaning of “landlord authority” for the purposes of that Part), in each of subsections (1) and (2), after the entry specifying a development corporation, there shall be inserted— “ a housing action trust ”.

(5)In section 171 (power to extend right to buy where certain bodies hold an interest in a dwelling-house), in subsection (2), after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.

(6)In each of the following provisions (all of which relate to cases where premises are or were let to a person in consequence of employment), namely—

(a)paragraph 2(1) of Schedule I (tenancies which are not secure tenancies),

(b)Grounds 7 and 12 of Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies),

(c)Ground 5 of Schedule 3 (grounds for withholding consent to assignment by way of exchange), and

(d)paragraph 5 of Schedule 5 (exceptions to the right to buy),

after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.

(7)In Schedule 4 (qualifying period for right to buy and discount), inparagraph 7 (the landlord condition) after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.

84 Provisions applicable to disposals of dwelling-houses subject to secure tenancies.E+W

[F179(1)The provisions of this section apply in any case where—

(a)a housing action trust proposes to make a disposal of one or more houses let on secure tenancies [F180or introductory tenancies]which would result in a person who, before the disposal, is a secure tenant [F180or an introductory tenant] of the trust becoming, after the disposal, the tenant of another person, and

(b)that other person is not a local housing authority or other local authority.]

[F181(2)Before applying to the Secretary of State for consent to the proposed disposal or serving notice under subsection (4) below, the housing action trust shall serve notice in writing on any local housing authority in whose area any houses falling within subsection (1) above are situated—

(a)informing the authority of the proposed disposal and specifying the houses concerned, and

(b)requiring the authority within such period, being not less than 28 days, as may be specified in the notice, to serve on the trust a notice under subsection (3) below.

(3)A notice by a local housing authority under this subsection shall inform the housing action trust, with respect to each of the houses specified in the notice under subsection (2) above which is in the authority’s area, of the likely consequences for the tenant if the house were to be acquired by the authority.]

(4)Before applying to the Secretary of State for consent to the proposed disposal, and after the expiry of the period specified in the notice under subsection (2) above, the housing action trust shall serve notice in writing on the secure tenant [F182or, as the case may be, introductory tenant]

(a)informing him of the proposed disposal and of the name of the person to whom the disposal is to be made;

(b)containing such other details of the disposal as seem to the trust to be appropriate;

(c)informing him of the likely consequences of the disposal on his position as a secure tenant [F183or an introductory tenant] and, if appropriate, of the effect of sections 171A to 171H of the M66Housing Act 1985 (preservation of right to buy on disposal to private sector landlord);

[F184(d)if the local housing authority in whose area the house of which he is tenant is situated has served notice under subsection (3) above, informing him (in accordance with the information given in the notice) of the likely consequences for him if the house were to be acquired by that authority;

(e)informing him, if he wishes to become a tenant of that authority, of his right to make representations to that effect under paragraph (f) below and of the rights conferred by section 84A below;]

(f)informing him of his right to make representations to the trust with respect to the proposed disposal within such period, being not less than 28 days, as may be specified in the notice.

[F185(5)If, by virtue of any representations made to the housing action trust in accordance with subsection (4)(f) above, section 84A below applies in relation to any house or block of flats, the trust shall—

(a)serve notice of that fact on the Secretary of State, on the local housing authority and on the tenant of the house or each of the tenants of the block, and

(b)so amend its proposals with respect to the disposal as to exclude the house or block;

and in this subsection “house” and “block of flats” have the same meanings as in that section.

(5A)The housing action trust shall consider any other representations so made and, if it considers it appropriate to do so having regard to any of those representations—

(a)may amend (or further amend) its proposals with respect to the disposal, and

(b)in such a case, shall serve a further notice under subsection (4) above (in relation to which this subsection will again apply).]

(6)When applying to the Secretary of State for consent to the proposed disposal (as amended, where appropriate, by virtue of subsection (5) [F186or subsection (5A)] above) the housing action trust shall furnish to him—

(a)a copy of any notice served on it under subsection (3) above or served by it under subsection (4) above;

(b)a copy of any representations received by the trust; and

(c)a statement of the consideration given by the trust to those representations.

(7)Without prejudice to the generality of section 72 above, where an application is made to the Secretary of State for consent to a disposal to which this section applies, [F187or a disposal which would be such a disposal if subsection (1)(b) above were omitted,] the Secretary of State may, by a direction under that section, require the housing action trust—

(a)to carry out such further consultation [F188or, as the case may be, such consultation] with respect to the proposed disposal as may be specified in the direction; and

(b)to furnish to him such information as may be so specified with respect to the results of that consultation.

[F189(8)Notwithstanding the application to a housing action trust of Part IV of the M67 Housing Act 1985 (secure tenancies) of Chapter 1 of Part V of the Housing Act 1996 (introductory tenancies), a disposal falling within subsection (1) above shall be treated as not being a matter of housing management to which section 105 of the Act of 1985 applies (in the case of secure tenants) or section 137 of the Act of 1996 applies (in the case of introductory tenants).]

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Amendments (Textual)

F179S. 84(1) substituted (11.10.1993) by 1993 c. 28, s. 124(2); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

F180Words in s. 84(1)(a) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(g)(i)(1)(2)

F181S. 84(2)(3) substituted (11.10.1993) by 1993 c. 28, s. 125(1); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

F182Words in s. 84(4) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(g)(ii)

F183Words in s. 84(4)(c) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(g)(iii)

F184S. 84(4)(d)(e) substituted (11.10.1993) by 1993 c. 28, s. 125(2); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

F185S. 84(5)(5A) substituted (11.10.1993) for s. 84(5) by 1993 c. 28, s. 125(3); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

F186Words in s. 84(6) inserted (11.10.1993) by 1993 c. 28, s. 125(4); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

F187Words in s. 84(7) inserted (11.10.1993) by 1993 c. 28, s. 124(3)(a); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

F188Words in s. 84(7) inserted (11.10.1993) by 1993 c. 28, s. 124(3)(b);S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

Modifications etc. (not altering text)

C44S. 84 modified (11.10.1993) by 1993 c. 28, s. 124(5); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

Marginal Citations

[F19084A Transfer by order of certain dwelling-houses let on secure tenancies.E+W

(1)This section applies in relation to any house or block of flats specified in a notice under subsection (2) of section 84 above if—

(a)in the case of a house, the tenant makes representations in accordance with paragraph (f) of subsection (4) of that section to the effect that he wishes to become a tenant of the local housing authority in whose area the house is situated; or

(b)in the case of a block of flats, the majority of the tenants who make representations in accordance with that paragraph make representations to the effect that they wish to become tenants of the local housing authority in whose area the block is situated.

(2)The Secretary of State shall by order provide for the transfer of the house or block of flats from the housing action trust to the local housing authority.

(3)The Secretary of State may also by order transfer from the housing action trust to the local housing authority so much as appears to the Secretary of State to be appropriate of any property belonging to or usually enjoyed with the house or, as the case may be, the block or any flat contained in it; and for this purpose “property” includes chattels of any description and rights and liabilities, whether arising by contract or otherwise.

(4)A transfer of any house, block of flats or other property under this section shall be on such terms, including financial terms, as the Secretary of State thinks fit; and an order under this section may provide that, notwithstanding anything in section 141 of the Law of Property Act 1925 (rent and benefit of lessee’s covenants to run with the reversion), any rent or other sum which—

(a)arises under the tenant’s tenancy or any of the tenants’ tenancies, and

(b)falls due before the date of the transfer,

shall continue to be recoverable by the housing action trust to the exclusion of the authority.

(5)Without prejudice to the generality of subsection (4) above, the financial terms referred to in that subsection may include provision for payments to a local housing authority (as well as or instead of payments by a local housing authority); and the transfer from a housing action trust of any house, block of flats or other property by virtue of this section shall not be taken to give rise to any right to compensation.

(6)In this section—

  • block of flats” means a building containing two or more flats;

  • common parts”, in relation to a building containing two or more flats, means any parts of the building which the tenants of the flats are entitled under the terms of their tenancies to use in common with each other;

  • flat” and “house” have the meanings given by section 183 of the Housing Act 1985;

and any reference to a block of flats specified in a notice under section 84(2) above is a reference to a block in the case of which each flat which is let on a secure tenancy [F191or an introductory tenancy] is so specified.

(7)For the purposes of subsection (6) above, a building which contains—

(a)one or more flats which are let, or available for letting, on secure tenancies [F192or introductory tenancies] by the housing action trust concerned, and

(b)one or more flats which are not so let or so available,

shall be treated as if it were two separate buildings, the one containing the flat or flats mentioned in paragraph (a) above and the other containing the flat or flats mentioned in paragraph (b) above and any common parts.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F190S. 84A inserted (11.10.1993) by 1993 c. 28, s. 125(5); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

F191Words in s. 84A(6) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(h)

F192Words in s. 84A(7)(a) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(i)

RentsE+W

85 Rents generally.E+W

(1)A housing action trust may make such reasonable charges as it may determine for the tenancy or occupation of housing accommodation for the time being held by it.

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

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

(1)This section applies where a dwelling-house is let by a housing action trust on a periodic tenancy which is not a secure tenancy [F193or 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 housing action trust to the tenant.

(3)A notice under subsection (2) above is not effective unless—

(a)it is given at least four weeks before the first day 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 (by virtue of subsection (4) below) the increase is not to be effective, a notice to quit must be received by the trust and the tenancy be made to terminate.

(4)Where a notice is given under subsection (2) above specifying an increase in rent with effect from 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 expiry of the period of two weeks beginning on the day following the date on which the notice of increase is given, or before the expiry of 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 rental period.

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F193Words in s. 86(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(j)

Agency and dissolutionE+W

87 Agency agreements.E+W

(1)With the approval of the Secretary of State, a housing action trust may enter into an agreement with another person whereby, in relation to any housing accommodation or other land held by the trust which is specified in the agreement, that other person shall exercise, as agent of the trust, such of the functions of the trust as are so specified.

(2)An agreement under subsection (1) above shall set out the terms on which the functions of the housing action trust are exercisable by the person who, under the agreement, is the agent of the trust (in this Part of this Act referred to as “the agent”).

(3)Where the agent is a body or association, an agreement under subsection (1) above may provide that the functions of the agent under the agreement may be performed by a committee or sub-committee, or by an officer, of the body or association.

(4)The approval of the Secretary of State under subsection (1) above may be given unconditionally or subject to conditions.

(5)References in this section to the functions of a housing action trust in relation to housing accommodation or other land include—

(a)functions conferred by any statutory provision, and

(b)the powers and duties of the trust as holder of an estate or interest in the housing accommodation or land in question.

88 Dissolution of housing action trust.E+W

(1)A housing action trust shall use its best endeavours to secure that its objects are achieved as soon as practicable.

(2)Where it appears to a trust that its objects have been substantially achieved, it shall—

(a)so far as practicable, dispose or arrange to dispose of any remaining property, rights or liabilities of the trust in accordance with the preceding provisions of this Part of this Act; and

(b)submit proposals to the Secretary of State for—