- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Local Government Act 1988. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
[F19(1)Subject to paragraph (2), the following (and only the following) fall within section 2(2)(h) above—
(a)dealing with applications for local authority housing once a property has been allocated to the applicant until immediately after the tenancy agreement has been entered into, and dealing with assignments under section 92 of the 1985 Act (assignments by way of exchange) or with assignations to another secure tenant by way of exchange under section 55 of the 1987 Act (assignation of secure tenancy) after the landlord has given his consent;
(b)informing local authority housing tenants of the terms of their tenancies and taking steps to enforce any such terms;
(c)collecting local authority housing rent and service charges, and service charge loan payments arising from such service charges, keeping a suitable record of the sums collected, collecting any arrears, negotiating an agreement for the payment of any arrears, and monitoring compliance with such an agreement;
(d)arranging for the vacating of local authority housing once a tenancy or licence has terminated;
(e)inspecting vacant property, assessing whether works are needed prior to the next letting, ensuring that any such works are carried out and reporting on progress to the landlord;
(f)taking steps to prevent vandalism and unlawful occupation of vacant property, including ensuring that any necessary works are carried out and reporting on progress to the landlord;
(g)taking steps to remove unlawful occupants from local authority housing;
(h)assessing the condition of the common parts of local authority housing, assessing the maintenance, repair, cleaning (including disinfestation) and clearance of such parts that is necessary, ensuring that any necessary works are carried out and reporting on progress to the landlord;
(i)assessing requests for repairs to local authority housing, ensuring that any necessary works are carried out and reporting on progress to the landlord;
(j)carrying out inspections and surveys of local authority housing for the purposes of ascertaining—
(i)its physical condition or state of repair, or
(ii)whether or not such housing is occupied;
(k)assessing claims for compensation under regulations made under section 96 of the 1985 Act F2 or section 60 of the 1987 Act F3(right to carry out repairs) and making recommendations to the landlord;
(l)assessing applications for payment—
(i)under regulations made under section 99A of the 1985 Act or section 58A of the 1987 Act (right to compensation for improvements) F4, or
(ii)under section 100 of the 1985 Act or section 58 of the 1987 Act (power to reimburse cost of work adding to value of property), and making recommendations to the landlord;
(m)operating reception and security services provided at the entrance to local authority housing; and
(n)taking action to control any disturbance in local authority housing or to resolve disputes between occupants, including dealing with such bodies (including appropriate dispute resolution agencies) as may be appropriate.
(2)The activities described in sub-paragraphs (1)(a), (d), (g) and (j)(ii) do not fall within section 2(2)(h) above where they relate to a tenancy or prospective tenancy if—
(a)the tenant is not an individual or, as the case may be, all the tenants are not individuals; or
(b)the tenancy is—
(i)a long tenancy within the meaning of section 115 of the 1985 Act,
(ii)a lease granted in pursuance of the right to acquire on rent to mortgage terms conferred by Part V of the 1985 Act,
(iii)a lease granted on payment of a premium calculated by reference to a percentage of the value of the demised premises or the cost of providing them, or
(iv)a lease under which the tenant (or his personal representatives) will or may be entitled to a sum calculated by reference, direct or indirect, to the value of the demised premises.
(3)In this paragraph—
“the 1985 Act” means the Housing Act 1985 F5;
“the 1987 Act” means the Housing (Scotland) Act 1987 F6;
[F7“introductory tenancy” has the same meaning as in Chapter 1 of Part V of the Housing Act 1996;]
“local authority housing” means housing accommodation provided by a local authority under Part II of the 1985 Act, or, as regards Scotland, under Part I of the 1987 Act, including—
(i)garages, parking spaces and outhouses provided in connection with such housing accommodation and usually enjoyed with it, and
(ii)common parts of buildings containing two or more dwelling-houses,
but excluding hostels as defined in section 622 of the 1985 Act or section 2(5) of the 1987 Act;
“secure tenancy” has the same meaning as in section 79 of the 1985 Act or section 44 of the 1987 Act (secure tenancies);
“service charge” means an amount payable by a tenant of premises which is payable, directly or indirectly, for services, repairs, maintenance or insurance or the landlord’s costs of management;
“tenancy” has the same meaning as in section 621 of the 1985 Act or section 82 of the 1987 Act, and also includes a secure tenancy [F8and an introductory tenancy], and “tenant” shall be construed accordingly; and
“vacant property” means housing accommodation provided by a local authority (including garages, parking spaces and outhouses provided in connection with such housing accommodation and usually enjoyed with it) which is unoccupied, whether by reason of the termination of a secure tenancy [F9or an introductory tenancy]or otherwise.]
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.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: