Search Legislation

Housing Act 1988

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

There are multiple versions of this provision on screen. These apply to different geographical extents. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.

Changes to legislation:

Housing Act 1988, Section 52 is up to date with all changes known to be in force on or before 20 July 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 52:

  • specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. 6 by S.I. 2019/110 reg. 5

52 Recovery etc. of grants.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 M1Housing (Scotland) Act 1988,

has been made to a [F2relevant housing association], the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the [F3appropriate authority] may from time to time determine (in this section referred to as “relevant events”).

(2)The [F3appropriate 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 [F4to apply or appropriate for such purposes as the [F3appropriate authority] may specify, or to pay to the [F3appropriate 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 [F5may 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 [F3appropriate authority] and, if so required by written notice of the [F3appropriate 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 [F3appropriate 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 M2Land 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 [F6relevant 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 (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 [F3appropriate authority], acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or

(b)the [F3appropriate authority] may determine to be appropriate.

(7)A direction under subsection (2)(c) above [F7requiring 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 [F8the 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 [F9the 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 [F3appropriate 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 [F3appropriate authority] may determine to be appropriate in the particular case.

[F10(9A)In this section and sections 53 and 54—

  • “the appropriate authority”—

    (a)

    in relation to an English relevant housing association [F11and property outside Greater London], means the Homes and Communities Agency,

    (aa)

    [F12in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and]

    (b)

    in relation to a Welsh relevant housing association, means the Welsh Ministers,

  • relevant housing association ” means—

    (a)

    a housing association which is a registered provider of social housing (“an English relevant housing association”), and

    (b)

    a housing association which is a registered social landlord (“a Welsh relevant housing association”).

(9B)In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—

(a)Part 1 of the Housing Act 1996,

(b)Part 1 of the 1985 Act, or

(c)any corresponding earlier enactment.]

Extent Information

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

Textual Amendments

F4Words 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.)

F5Words 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.)

F6Words in s. 52(5)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 47(3); S.I. 2010/862, art. 2 (with Sch.)

F7Words 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.)

F8Words 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.)

F9Words 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.)

F11Words in s. 52(9A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 28(a); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F12Words in s. 52(9A) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 28(b); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Modifications etc. (not altering text)

C1S. 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.)

C2Ss. 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 M3Housing (Scotland) Act 1988,

has been made to a registered [F13social 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 [F14landlord] 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 [F14landlord] 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 [F15a registered social landlord], a relevant event occurs, the [F15landlord] 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 [F15a 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 M4Land 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 [F16a 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 [F16social landlord], or trustees for some other such [F16landlord],

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 [F16landlord].

(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.

[F10(9A)In this section and sections 53 and 54—

  • “the appropriate authority”—

    (a)

    in relation to an English relevant housing association[F11and property outside Greater London], means the Homes and Communities Agency,

    (aa)

    [F12in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and]

    (b)

    in relation to a Welsh relevant housing association, means the Welsh Ministers,

  • relevant housing association ” means—

    (a)

    a housing association which is a registered provider of social housing (“an English relevant housing association”), and

    (b)

    a housing association which is a registered social landlord (“a Welsh relevant housing association”).

(9B)In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—

(a)Part 1 of the Housing Act 1996,

(b)Part 1 of the 1985 Act, or

(c)any corresponding earlier enactment.]

[F17(10)In this section and section 53, “registered social landlord” has the same meaning as in the [F18Housing (Scotland) Act 2010 (asp 17).]]

Extent Information

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

Textual Amendments

F11Words in s. 52(9A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 28(a); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F12Words in s. 52(9A) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 28(b); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F13Words 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)

F14Words 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)

F15Words 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)

F16Words 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)

F17S. 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)

F18Words in s. 52(10) substituted (S.) (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 5; S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

Modifications etc. (not altering text)

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources