xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part IE+W+S+N.I. Social Rented Sector

Annotations:

Modifications etc. (not altering text)

C1Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3

C2Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)

Chapter IE+W+S+N.I. Registered social landlords

RegistrationE+W+S+N.I.

1 The register of social landlords.E+W

(1)The [F1Relevant Authority] shall maintain a register of social landlords which shall be open to inspection at all reasonable times F2. . ..

[F3(1A)In this Part “the Relevant Authority” means the Housing Corporation or the Secretary of State, as provided by section 56.

(1B)The register maintained by the Housing Corporation shall be maintained at its head office.]

F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1Words in Pt. 1 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F2Words in s. 1(1) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 83(2), Sch. 18 Pt.VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F3S. 1(1A)(1B) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 83(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C3S. 1 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

2 Eligibility for registration.E+W

(1)A body is eligible for registration as a social landlord if it is—

(a)a registered charity which is a housing association,

(b)a society registered under the M1Industrial and Provident Societies Act 1965 which satisfies the conditions in subsection (2), or

(c)[F5a company] which satisfies those conditions.

(2)The conditions are that the body is non-profit-making and is established for the purpose of, or has among its objects or powers, the provision, construction, improvement or management of—

(a)houses to be kept available for letting,

(b)houses for occupation by members of the body, where the rules of the body restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by the body, or

(c)hostels,

and that any additional purposes or objects are among those specified in subsection (4).

(3)For the purposes of this section a body is non-profit-making if—

(a)it does not trade for profit, or

(b)its constitution or rules prohibit the issue of capital with interest or dividend exceeding the rate prescribed by the Treasury for the purposes of section 1(1)(b) of the M2Housing Associations Act 1985.

(4)The permissible additional purposes or objects are—

(a)providing land, amenities or services, or providing, constructing, repairing or improving buildings, for its residents, either exclusively or together with other persons;

(b)acquiring, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of on sale, on lease or on shared ownership terms;

(c)constructing houses to be disposed of on shared ownership terms;

(d)managing houses held on leases or other lettings (not being houses within subsection (2)(a) or (b)) or blocks of flats;

(e)providing services of any description for owners or occupiers of houses in arranging or carrying out works of maintenance, repair or improvement, or encouraging or facilitating the carrying out of such works;

(f)encouraging and giving advice on the forming of housing associations or providing services for, and giving advice on the running of, such associations and other voluntary organisations concerned with housing, or matters connected with housing.

(5)A body is not ineligible for registration as a social landlord by reason only that its powers include power—

(a)to acquire commercial premises or businesses as an incidental part of a project or series of projects undertaken for purposes or objects falling within subsection (2) or (4);

(b)to repair, improve or convert commercial premises acquired as mentioned in paragraph (a) or to carry on for a limited period any business so acquired;

(c)to repair or improve houses, or buildings in which houses are situated, after a disposal of the houses by the body by way of sale or lease or on shared ownership terms.

(6)In this section—

(7)The Secretary of State may by order specify permissible purposes, objects or powers additional to those specified in subsections (4) and (5).

The order may (without prejudice to the inclusion of other incidental or supplementary provisions) contain such provision as the Secretary of State thinks fit with respect to the priority of mortgages entered into in pursuance of any additional purposes, objects or powers.

(8)An order under subsection (7) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C5S. 2(4) extended (19.4.1999) by 1999/985, art.2

S. 2(4) extended (1.7.1999) by S.I. 1999/1206, art. 2(1)

Commencement Information

I1S. 2 wholly in force 1.10.1996; s. 2 not in force at Royal Assent see s. 232(1)-(3); s. 2(7)(8) in force at 1.8.1996 by 1996/2048, art. 2(1) and s. 2 in force at 1.10.1996 to the extent not already in force by S.I. 1996/2402, art. 3 (subject to the transitional provisions and savings in the Sch. to that S.I.)

Marginal Citations

3 Registration.E+W

(1)The [F6Relevant Authority] may register as a social landlord any body which is eligible for such registration.

(2)An application for registration shall be made in such manner, and shall be accompanied by such fee (if any), as the [F6Relevant Authority] may determine.

(3)As soon as may be after registering a body as a social landlord the [F6Relevant Authority] shall give notice of the registration—

(a)in the case of a registered charity, to the [F7Charity Commission] ,

(b)in the case of an industrial and provident society, to the [F8Financial Services Authority], and

(c)in the case of [F9a company (including a company that is a registered charity)] , to the registrar of companies,

who shall record the registration.

(4)A body which at any time is, or was, registered as a social landlord shall, for all purposes other than rectification of the register, be conclusively presumed to be, or to have been, at that time a body eligible for registration as a social landlord.

Annotations:

Amendments (Textual)

F6Words in Pt. 1 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

F7Words in s. 3(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 184; S.I. 2007/309, art. 2, Sch.

F8Words in s. 3(3)(b) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 351

Commencement Information

I2S. 3 wholly in force 1.10.1996; s. 3 not in force at Royal Assent see s. 232(1)-(3); s. 3(2) in force for certain purposes at 1.8.1996 by S.I. 1996/2048, art. 3 and s. 3 in force at 1.10.1996 to the extent it is not already in force by S.I. 1996/2402, art. 3 (subject to the transitional provisions and savings in the Sch. to that S.I.)

4 Removal from the register.E+W

(1)A body which has been registered as a social landlord shall not be removed from the register except in accordance with this section.

(2)If it appears to the [F10Relevant Authority] that a body which is on the register of social landlords—

(a)is no longer a body eligible for such registration, or

(b)has ceased to exist or does not operate,

the [F10Relevant Authority] shall, after giving the body at least 14 days’ notice, remove it from the register.

(3)In the case of a body which appears to the [F10Relevant Authority] to have ceased to exist or not to operate, notice under subsection (2) shall be deemed to be given to the body if it is served at the address last known to the [F10Relevant Authority] to be the principal place of business of the body.

(4)A body which is registered as a social landlord may request the [F10Relevant Authority] to remove it from the register and the [F10Relevant Authority] may do so, subject to the following provisions.

(5)Before removing a body from the register of social landlords under subsection (4) the [F10Relevant Authority] shall consult the local authorities in whose area the body operates; and the [F10Relevant Authority] shall also inform those authorities of its decision.

(6)As soon as may be after removing a body from the register of social landlords the [F10Relevant Authority] shall give notice of the removal—

(a)in the case of a registered charity, to the [F11Charity Commission] ,

(b)in the case of an industrial and provident society, to the [F12Financial Services Authority], and

(c)in the case of [F13a company (including a company that is a registered charity)] , to the registrar of companies,

who shall record the removal.

Annotations:

Amendments (Textual)

F10Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

F11Words in s. 4(6) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 185; S.I. 2007/309, art. 2, Sch.

F12Words in s. 4(6)(b) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 352

Modifications etc. (not altering text)

C6S. 4 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

5 Criteria for registration or removal from register.E+W

(1)The [F14Relevant Authority] shall establish (and may from time to time vary) criteria which should be satisfied by a body seeking registration as a social landlord; and in deciding whether to register a body the [F14Relevant Authority] shall have regard to whether those criteria are met.

(2)The [F14Relevant Authority] shall establish (and may from time to time vary) criteria which should be satisfied where such a body seeks to be removed from the register of social landlords; and in deciding whether to remove a body from the register the [F14Relevant Authority] shall have regard to whether those criteria are met.

(3)Before establishing or varying any such criteria the [F14Relevant Authority] shall consult such bodies representative of registered social landlords, and such bodies representative of local authorities, as it thinks fit.

(4)The [F14Relevant Authority] shall publish the criteria for registration and the criteria for removal from the register in such manner as the [F14Relevant Authority] considers appropriate for bringing the criteria to the notice of bodies representative of registered social landlords and bodies representative of local authorities.

Annotations:

Amendments (Textual)

F14Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

6 Appeal against decision on removal.E+W

(1)A body which is aggrieved by a decision of the [F15Relevant Authority]

(a)not to register it as a social landlord, or

(b)to remove or not to remove it from the register of social landlords,

may appeal against the decision to the High Court.

(2)If an appeal is brought against a decision relating to the removal of a body from the register, the [F15Relevant Authority] shall not remove the body from the register until the appeal has been finally determined or is withdrawn.

(3)As soon as may be after an appeal is brought against a decision relating to the removal of a body from the register, the [F15Relevant Authority] shall give notice of the appeal—

(a)in the case of a registered charity, to the [F16Charity Commission] ,

(b)in the case of an industrial and provident society, to the [F17Financial Services Authority], and

(c)in the case of [F18a company (including a company that is a registered charity)] , to the registrar of companies.

Annotations:

Amendments (Textual)

F15Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

F16Words in s. 6(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 186; S.I. 2007/309, art. 2, Sch.

F17Words in s. 6(3)(b) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 353

Modifications etc. (not altering text)

C7S. 6 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

S. 6 restricted (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 3

Regulation of registered social landlordsE+W+S+N.I.

7 Regulation of registered social landlords.E+W+S+N.I.

Schedule 1 has effect for the regulation of registered social landlords.

Annotations:

Commencement Information

I3S. 7 wholly in force 1.10.1996; s. 7 not in force at Royal Assent see s. 232(1)-(3); s. 7 in force for certain purposes at 1.8.1996 by S.I. 1996/2048, arts. 2, 3; s. 7 in force at 1.10.1996 to the extent it is not already in force by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch. to that S.I.)

Chapter IIE+W+S+N.I. Disposal of land and related matters

Power of registered social landlord to dispose of landE+W

8 Power of registered social landlord to dispose of land.E+W

(1)A registered social landlord has power by virtue of this section and not otherwise to dispose, in such manner as it thinks fit, of land held by it.

(2)Section 39 of the M3Settled Land Act 1925 (disposal of land by trustees) does not apply to the disposal of land by a registered social landlord; and accordingly the disposal need not be for the best consideration in money that can reasonably be obtained.

Nothing in this subsection shall be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity.

(3)This section has effect subject to section 9 (control by [F19Relevant Authority] of land transactions).

Annotations:

Amendments (Textual)

F19Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C8S. 8 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Marginal Citations

Control by [F20Relevant Authority] of land transactionsE+W

Annotations:

Amendments (Textual)

F20Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

9 Consent required for disposal of land by registered social landlord.E+W

(1)The consent of the [F21Relevant Authority]. . ., is required for any disposal of land by a registered social landlord under section 8.

[F22(1A)The consent—

(a)if given by the Housing Corporation, shall be given by order under its seal, and

(b)if given by the Secretary of State, shall be given by order in writing.]

(2)The consent of the [F21Relevant Authority] may be so given—

(a)generally to all registered social landlords or to a particular landlord or description of landlords;

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

and may be given subject to conditions.

(3)Before giving any consent other than a consent in relation to a particular landlord or particular land, the [F21Relevant Authority] shall consult such bodies representative of registered social landlords as it thinks fit.

(4)A disposal of a house by a registered social landlord made without the consent required by this section is void unless—

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

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

(c)the landlord reasonably believes that the individual or individuals intend to use the house as their principal dwelling.

(5)Any other disposal by a registered social landlord which requires consent under this section is valid in favour of a person claiming under the landlord notwithstanding that that consent has not been given; and a person dealing with a registered social landlord, or with a person claiming under such a landlord, shall not be concerned to see or inquire whether any such consent has been given.

(6)Where at the time of its removal from the register of social landlords a body owns land, this section continues to apply to that land after the removal as if the body concerned continued to be a registered social landlord.

(7)For the purposes of this section “disposal” means sale, lease, mortgage, charge or any other disposition.

(8)This section has effect subject to section 10 (lettings and other disposals not requiring consent of [F21Relevant Authority]).

Annotations:

Amendments (Textual)

F21Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F22S. 9(1A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 84(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C10S. 9(6) extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 6

Commencement Information

I4S. 9 wholly in force 1.10.1996; s. 9 not in force at Royal Assent see s. 232(1)-(3); s. 9(3) in force at 1.8.1996 by S.I. 1996/2048, art. 2, and s. 9 in force at 1.10.1996 to the extent it is not already in force by S.I. 1996/2402, art. 3 (subject to the transitional provisions and savings in the Sch. to that S.I.)

10 Lettings and other disposals not requiring consent of [F23Relevant Authority].E+W

(1)A letting by a registered social landlord does not require consent under section 9 if it is—

(a)a letting of land under an assured tenancy or an assured agricultural occupancy, or what would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8, or paragraph 12(1)(h), of Schedule 1 to the M4Housing Act 1988, or

(b)a letting of land under a secure tenancy or what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the M5Housing Act 1985.

(2)Consent under section 9 is not required in the case of a disposal to which section 81 or 133 of the Housing Act 1988 applies (certain disposals for which the consent of the Secretary of State is required).

(3)Consent under section 9 is not required for a disposal under Part V of the Housing Act 1985 (the right to buy) or under the right conferred by section 16 below (the right to acquire).

Annotations:

Amendments (Textual)

F23Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C11S. 10 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Marginal Citations

[F2411 Covenant for repayment of discount on disposalE+W

(1)Where on a disposal of a house by a registered social landlord, in accordance with a consent given by the Relevant Authority under section 9, a discount has been given to the purchaser, and the consent does not provide otherwise, the conveyance, grant or assignment shall contain a covenant binding on the purchaser and his successors in title to the following effect.

(2)The covenant shall be to pay to the landlord such sum (if any) as the landlord may demand in accordance with subsection (3) on the occasion of the first relevant disposal which is not an exempted disposal and which takes place within the period of five years beginning with the conveyance, grant or assignment.

(3)The landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section.

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

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

(6)Subsections (3) to (5) are subject to section 11A.

Annotations:

Amendments (Textual)

F24Ss. 11-11B substituted for s. 11 (18.1.2005) by Housing Act 2004 (c. 34), ss. 199(1), 270(3)(a) (with s. 199(3))

11AIncrease in value of house attributable to home improvements to be disregardedE+W

(1)In calculating the maximum amount which may be demanded by the landlord under section 11, such amount (if any) of the price or premium paid for the first relevant disposal which is attributable to improvements made to the house—

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

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

shall be disregarded.

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

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

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

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

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

Annotations:

Amendments (Textual)

F24Ss. 11-11B substituted for s. 11 (18.1.2005) by Housing Act 2004 (c. 34), ss. 199(1), 270(3)(a) (with s. 199(3))

12 Priority of charge for repayment of discount.E+W

(1)The charge taking effect by virtue of [F25 section 11B ] (charge for repayment of discount) has priority immediately after any legal charge securing an amount—

(a)left outstanding by the purchaser, or

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

subject to the following provisions.

(2)An advance which is made for a purpose other than that mentioned in subsection (1)(b) and which is secured by a legal charge having priority to the charge taking effect by virtue of [F25 section 11B ] , and any further advance which is so secured, shall rank in priority to that charge if, and only if, the registered social landlord by notice served on the institution concerned gives consent.

The landlord shall give consent if the purpose of the advance or further advance is an approved purpose.

(3)The registered social landlord may at any time by notice served on an approved lending institution postpone the charge taking effect by virtue of [F25 section 11B ] to an advance or further advance which—

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

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

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

(4)The covenant required by [F25 section 11B ] does not, by virtue of its binding successors in title of the purchaser, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of that section, or a person deriving title under him.

A provision of the conveyance, grant or assignment, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with that covenant.

(5)In this section “approved lending institution” means—

(a)a building society, bank, insurance company or friendly society,

(b)the [F26Relevant Authority], or

[F27(c)an authorised mortgage lender (within the meaning of the Housing Act 1985 (see section 622 of that Act)).]

(6)The following are “approved purposes” for the purposes of this section—

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

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

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

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

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

(i)so much as is still outstanding of any advance or further advance which ranks in priority to the charge taking effect by virtue of [F25 section 11B ] ,

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

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

In this subsection “service charge” has the meaning given by section 621A of the Housing Act 1985.

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

Annotations:

Amendments (Textual)

F25Words in s. 12 substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 199(2), 270(3)(a) (with s. 199(3))

F26Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F27S. 12(5)(c) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 307(7), 325(2)(a)

Modifications etc. (not altering text)

C12S. 12 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. paras. 1, 11

[F2812ARight of first refusal for registered social landlordE+W

(1)Where on a disposal of a house by a registered social landlord, in accordance with a consent given by the Relevant Authority under section 9, a discount has been given to the purchaser, and the consent does not provide otherwise, the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.

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

(3)In subsection (2) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made.

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

(a)a registered social landlord which has made a disposal as mentioned in subsection (1), or

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

a right of first refusal to have a disposal within subsection (5) made to him for such consideration as is mentioned in section 12B.

(5)The disposals within this subsection are—

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

(b)a surrender or assignment of the lease.

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

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

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

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

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

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

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

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

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

(7)In subsection (6) any reference to the purchaser is a reference to the purchaser or his successor in title.

Nothing in that subsection affects the generality of subsection (4).

(8)Regulations under this section—

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

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

(9)The limitation imposed by a covenant within subsection (2) is a local land charge.

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

(11)Where there is a relevant disposal which is an exempted disposal by virtue of section 15(4)(d) or (e) (compulsory disposal or disposal of yard, garden, &c)—

(a)the covenant required by this section is not binding on the person to whom the disposal is made or any successor in title of his, and

(b)the covenant ceases to apply in relation to the property disposed of.

Annotations:

Amendments (Textual)

F28Ss. 12A, 12B inserted (18.11.2004 for specified purposes, 18.1.2005 in so far as not already in force) by Housing Act 2004 (c. 34), ss. 200(1), 270(2)(b), (3)(a) (with s. 200(3))

12BConsideration payable for disposal under section 12AE+W

(1)The consideration for a disposal made in respect of a right of first refusal as mentioned in section 12A(4) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that section).

(2)That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by section 11 (repayment of discount on early disposal) would be discharged by the vendor.

(3)If the offer is accepted in accordance with regulations under section 12A, no payment shall be required in pursuance of any such covenant as is mentioned in subsection (2), but the consideration shall be reduced, subject to subsection (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant.

(4)Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in subsection (2), the consideration shall not be reduced under subsection (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under section 12A).]

Annotations:

Amendments (Textual)

F28Ss. 12A, 12B inserted (18.11.2004 for specified purposes, 18.1.2005 in so far as not already in force) by Housing Act 2004 (c. 34), ss. 200(1), 270(2)(b), (3)(a) (with s. 200(3))

13 Restriction on disposal of houses in National Parks, &c.E+W

(1)On the disposal by a registered social landlord, in accordance with a consent given by the [F29Relevant Authority] under section 9, of a house situated in—

(a)a National Park,

(b)an area designated under [F30section 82 of the Countryside and Rights of Way Act 2000] as an area of outstanding natural beauty, or

(c)an area designated as a rural area by order under section 157 of the M6Housing Act 1985,

the conveyance, grant or assignment may (unless it contains a condition of a kind mentioned in section 33(2)(b) or (c) of the Housing Act 1985 (right of pre-emption or restriction on assignment) [F31 or a covenant as mentioned in section 12A(2) of this Act (right of first refusal for registered social landlord) ] ) contain a covenant to the following effect limiting the freedom of the purchaser (including any successor in title of his and any person deriving title under him or such a successor) to dispose of the house.

(2)The limitation is that until such time (if any) as may be notified in writing by the registered social landlord to the purchaser or a successor in title of his, there will be no relevant disposal which is not an exempted disposal without the written consent of the landlord.

(3)That consent shall not be withheld if the person to whom the disposal is made (or, if it is made to more than one person, at least one of them) has, throughout the period of three years immediately preceding the application for consent—

(a)had his place of work in a region designated by order under section 157(3) of the Housing Act 1985 which, or part of which, is comprised in the National Park or area concerned, or

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

or if he has had the one in part or parts of that period and the other in the remainder.

The region need not have been the same throughout the period.

(4)A disposal in breach of such a covenant as is mentioned above is void.

(5)The limitation imposed by such a covenant is a local land charge and, [F32if the first disposal involves registration under the Land Registration Act 2002, the Chief Land Registrar shall enter in the register of title a restriction reflecting the limitation].

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

(7)Where there is a relevant disposal which is an exempted disposal by virtue of section 15(4)(d) or (e) (compulsory disposal or disposal of yard, garden, &c.), any such covenant as is mentioned in this section ceases to apply in relation to the property disposed of.

Annotations:

Amendments (Textual)

F29Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

F30Words in s. 13(1)(b) substituted (1.4.2001 for E. and 1.5.2001 for W.) by 2000 C. 37, s. 93, Sch. 15 Pt. I para. 14; S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)

F31Words in s. 13(1) inserted (18.1.2005) by Housing Act 2004 (c. 34), ss. 200(2), 270(3)(a) (with s. 200(3))

F32Words in s. 13(5) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 35 (with s. 129); S.I. 2003/1725, art. 2(1)

Modifications etc. (not altering text)

C13S. 13 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. paras. 1, 11

Marginal Citations

14 Treatment of options.E+W

(1)For the purposes of sections 9 to 13 the grant of an option enabling a person to call for a relevant disposal which is not an exempted disposal shall be treated as such a disposal made to him.

(2)For the purposes of section 13(2) (requirement of consent to disposal of house in National Park, &c.) consent to such a grant shall be treated as consent to a disposal made in pursuance of the option.

Annotations:

Modifications etc. (not altering text)

C14S. 14 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch.paras. 1, 11

15 Relevant and exempted disposals.E+W

(1)In sections 11 to 14 the expression “relevant disposal which is not an exempted disposal” shall be construed as follows.

(2)A disposal, whether of the whole or part of the house, is a relevant disposal if it is—

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

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

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

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

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

(4)A disposal is an exempted disposal if—

(a)it is a disposal of the whole of the house and a conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is a qualifying person (as defined in subsection (5));

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

(c)it is a disposal of the whole of the house in pursuance of any such order as is mentioned in subsection (6);

(d)it is a compulsory disposal (as defined in subsection (7));

(e)the property disposed of is a yard, garden, outhouses or appurtenances belonging to a house or usually enjoyed with it.

(5)For the purposes of subsection (4)(a) a person is a qualifying person in relation to a disposal if—

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

(b)he is the spouse or a former spouse [F33 , or the civil partner or a former civil partner, ] of that person or one of those persons, or

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

(6)The orders referred to in subsection (4)(c) are orders under—

(a)section 24 or 24A of the M7Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings);

(b)section 2 of the M8Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate);

(c)section 17 of the M9Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.); F34...

(d)paragraph 1 of Schedule 1 to the M10Children Act 1989 (orders for financial relief against parents).[F35; or

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

(7)For the purposes of subsection (4)(d) a compulsory disposal is a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or for whom another person has made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C15S. 15 extended (16.9.1996) by S.I. 1996/2402, art. 3,Sch. paras. 1, 11

Marginal Citations

[F3615ATreatment of deferred resale agreements for purposes of section 11E+W

(1)If a purchaser or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 11 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.

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

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

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

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

(a)which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, by virtue of section 8,

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

(c)under which a relevant disposal which is not an exempted disposal is or may be required to be made to any person after the end of that period.

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

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

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

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

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

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

(6)An order under subsection (5)—

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

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

(7)In this section—

Annotations:

Amendments (Textual)

F36S. 15A inserted (18.11.2004 for specified purposes, 18.1.2005 in so far as not already in force) by Housing Act 2004 (c. 34), ss. 201(1), 270(2)(b), (3)(a) (with s. 201(2))

Right of tenant to acquire dwellingE+W

16 Right of tenant to acquire dwelling.E+W

(1)A tenant of a registered social landlord has the right to acquire the dwelling of which he is a tenant if—

(a)he is a tenant under an assured tenancy, other than an assured shorthold tenancy or a long tenancy, or under a secure tenancy,

(b)the dwelling was provided with public money and has remained in the social rented sector, and

(c)he satisfies any further qualifying conditions applicable under Part V of the M11Housing Act 1985 (the right to buy) as it applies in relation to the right conferred by this section.

(2)For this purpose a dwelling shall be regarded as provided with public money if—

(a)it was provided or acquired wholly or in part by means of a grant under section 18 (social housing grant),

(b)it was provided or acquired wholly or in part by applying or appropriating sums standing in the disposal proceeds fund of a registered social landlord (see section 25), or

(c)it was acquired by a registered social landlord after the commencement of this paragraph on a disposal by a public sector landlord at a time when it was capable of being let as a separate dwelling.

(3)A dwelling shall be regarded for the purposes of this section as having remained within the social rented sector if, since it was so provided or acquired—

(a)the person holding the freehold interest in the dwelling has been either a registered social landlord or a public sector landlord; and

(b)any person holding an interest as lessee (otherwise than as mortgagee) in the dwelling has been—

(i)an individual holding otherwise than under a long tenancy; or

(ii)a registered social landlord or a public sector landlord.

[F37(3A)In subsection (3)(a) the reference to the freehold interest in the dwelling includes a reference to such an interest in the dwelling as is held by the landlord under a lease granted in pursuance of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 (mandatory leaseback to former freeholder on collective enfranchisement).]

(4)A dwelling shall be regarded for the purposes of this section as provided by means of a grant under section 18 (social housing grant) if, and only if, the [F38Relevant Authority] when making the grant notified the recipient that the dwelling was to be so regarded.

The [F38Relevant Authority] shall before making the grant inform the applicant that it proposes to give such a notice and allow him an opportunity to withdraw his application within a specified time.

[F39(5)But notice must be taken to be given to a registered social landlord under subsection (4) by the Housing Corporation if it is sent using electronic communications to such number or address as the registered social landlord has for the time being notified to the Housing Corporation for that purpose.

(6)The means by which notice is sent by virtue of subsection (5) must be such as to enable the registered social landlord to reproduce the notice by electronic means in a form which is visible and legible.

(7)An electronic communication is a communication transmitted (whether from one person to another, from one device to another, or from a person to a device or vice versa)—

(a)by means of [F40an electronic communications network]; or

(b)by other means but while in an electronic form.]

Annotations:

Amendments (Textual)

F37S. 16(3A) inserted (18.1.2005) by Housing Act 2004 (c. 34), ss. 202(2), 270(3)(a) (with s. 202(3))

F38Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

F39S. 16(5)-(7) added (E.) (24.10.2001) by S.I. 2001/3257, art. 2

F40Words in s. 16(7)(a) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 408(6), 411(2), Sch. 17 para. 136 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

Modifications etc. (not altering text)

C16S. 16 restricted (1.4.1997) by Housing Act 1985 c. 68, Pt. V (see s. 122(4)) as modified by S.I. 1997/619, art. 2(1)(2), Sch. 1 para. 4, Sch. 2

S. 16 applied (10.5.1999) by S.I. 1999/1135, art. 2, Sch.

C19S. 16(2)(c) restricted (5.3.1997) by S.I. 1997/618, art. 2, Sch. para. 1

Marginal Citations

[F4116AExtension of section 16 to dwellings funded by grants under section 27AE+W

(1)Section 16 applies in relation to a dwelling (“a funded dwelling”) provided or acquired wholly or in part by means of a grant under section 27A (grants to bodies other than registered social landlords) with the following modifications.

(2)In section 16(1) the reference to a registered social landlord includes a reference to any person to whom a grant has been paid under section 27A.

(3)In section 16(2) and (4) any reference to section 18 includes a reference to section 27A.

(4)For the purposes of section 16 a funded dwelling is to be regarded as having remained within the social rented sector in relation to any relevant time if, since it was acquired or provided as mentioned in subsection (1) above, it was used—

(a)by the recipient of the grant mentioned in that subsection, or

(b)if section 27B applies in relation to the grant, by each person to whom the grant was, or is treated as having been, paid,

exclusively for the purposes for which the grant was made or any other purposes agreed to by the Relevant Authority.

(5)In subsection (4) “relevant time” means a time when the dwelling would not be treated as being within the social rented sector by virtue of section 16(3).]

17 Right of tenant to acquire dwelling: supplementary provisions.E+W

(1)The Secretary of State may by order—

(a)specify the amount or rate of discount to be given on the exercise of the right conferred by section 16; and

(b)designate rural areas in relation to dwellings in which the right conferred by that section does not arise.

(2)The provisions of Part V of the Housing Act 1985 apply in relation to the right to acquire under section 16—

(a)subject to any order under subsection (1) above, and

(b)subject to such other exceptions, adaptations and other modifications as may be specified by regulations made by the Secretary of State.

(3)The regulations may provide—

(a)that the powers of the Secretary of State under sections 164 to 170 of that Act (powers to intervene, give directions or assist) do not apply,

(b)that paragraphs 1 and 3 (exceptions for charities and certain housing associations), and paragraph 11 (right of appeal to Secretary of State), of Schedule 5 to that Act do not apply,

(c)that the provisions of Part V of that Act relating to the right to acquire on rent to mortgage terms do not apply,

(d)that the provisions of that Part relating to restrictions on disposals in National Parks, &c. do not apply, and

(e)that the provisions of that Part relating to the preserved right to buy do not apply.

Nothing in this subsection affects the generality of the power conferred by subsection (2).

(4)The specified exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of Part V of that Act as they apply in relation to the right to buy under that Part; and the first regulations, and any subsequent consolidating regulations, shall set out the provisions of Part V as they so apply.

(5)An order or regulations under this section—

(a)may make different provision for different cases or classes of case including different areas, and

(b)may contain such incidental, supplementary and transitional provisions as the Secretary of State considers appropriate.

(6)Before making an order which would have the effect that an area ceased to be designated under subsection (1)(b), the Secretary of State shall consult—

(a)the local housing authority or authorities in whose district the area or any part of it is situated or, if the order is general in its effect, local housing authorities in general, and

(b)such bodies appearing to him to be representative of registered social landlords as he considers appropriate.

(7)An order or regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Chapter IIIE+W+S+N.I. Grants and other financial matters

Grants and other financial assistanceE+W

18 Social housing grants.E+W

(1)The [F42Relevant Authority] may make grants to registered social landlords in respect of expenditure incurred or to be incurred by them in connection with their housing activities.

(2)The [F42Relevant Authority]F43... shall specify in relation to grants under this section—

(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.

(3)In making a grant under this section, the [F42Relevant Authority] may provide that the grant is conditional on compliance by the landlord with such conditions as the [F42Relevant Authority] may specify.

(4)The [F42Relevant Authority] may, with the agreement of a local housing authority, appoint the authority to act as its agent in connection with the assessment and payment of grant under this section.

[F44(5)The appointment—

(a)if made by the Housing Corporation, shall be on such terms as the Housing Corporation may, with the approval of the Secretary of State given with the consent of the Treasury, specify, and

(b)if made by the Secretary of State, shall be on such terms as the Secretary of State may, with the consent of the Treasury, specify;

and, in either case, the authority shall act in accordance with those terms.]

(6)Where—

(a)a grant under this section is payable to a 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, another registered social landlord, or trustees for another such landlord,

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), were payable to the other landlord.

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

(a)the [F42Relevant Authority], acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or

(b)the [F42Relevant Authority] may determine to be appropriate.

(8)Where one of the landlords mentioned in subsection (6) is registered by the Housing Corporation and another is registered by [F45the Secretary of State], the determination mentioned in subsection (7) shall be such as shall be agreed between the [F45Housing Corporation and the Secretary of State].

Annotations:

Amendments (Textual)

F42Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F43Words in s. 18(2) repealed (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 8, Sch. 16

F44S. 18(5) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 85(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F45Words in s. 18(8) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 85(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C24S. 18(2)(7) extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Commencement Information

I5S. 18 wholly in force 1.4.1997: s. 18 not in force at Royal Assent, see s. 232(1)-(3); s. 18(2)(7) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4 and s. 18 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

19 Land subject to housing management agreement.E+W

A registered social landlord is not entitled to a grant under section 18 (social housing grant) in respect of land comprised in a management agreement within the meaning of the M12Housing Act 1985 (see sections 27(2) and 27B(4) of that Act: delegation of housing management functions by certain authorities).

Annotations:

Marginal Citations

20 Purchase grant where right to acquire exercised.E+W

(1)The [F46Relevant Authority] shall make grants to registered social landlords in respect of discounts given by them to persons exercising the right to acquire conferred by section 16.

(2)The amount of the grant for any year shall be the aggregate value of the discounts given in that year.

(3)The [F46Relevant Authority]F47... shall specify in relation to grants under this section—

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

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

(4)In making a grant the [F46Relevant Authority] may provide that the grant is conditional on compliance by the registered social landlord with such conditions as the [F46Relevant Authority] may specify.

Annotations:

Amendments (Textual)

F46Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F47Words in s. 20(3) repealed (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 9, Sch. 16

Modifications etc. (not altering text)

C27S. 20(3) extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Commencement Information

I6S. 20 wholly in force 1.4.1997: s. 20 not in force at Royal Assent, see s. 232(1)-(3); s. 20(3) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4 and s. 20 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

21 Purchase grant in respect of other disposals.E+W

(1)The [F48Relevant Authority] may make grants to registered social landlords in respect of discounts on disposals by them of dwellings to tenants otherwise than in pursuance of the right conferred by section 16.

(2)The [F48Relevant Authority] shall make such a grant if the tenant was entitled to exercise the right conferred by section 16 in relation to another dwelling of the landlord’s.

The amount of the grant in such a case shall not exceed the amount of the discount to which the tenant would have been entitled in respect of the other dwelling.

(3)The [F48Relevant Authority]F49... shall specify in relation to grants under this section—

(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.

(4)In making a grant under this section, the [F48Relevant Authority] may provide that the grant is conditional on compliance by the registered social landlord with such conditions as the [F48Relevant Authority] may specify.

Annotations:

Amendments (Textual)

F48Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F49Words in s. 21(3) repealed (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 10, Sch. 16

Modifications etc. (not altering text)

C30S. 21(3) extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Commencement Information

I7S. 21 wholly in force 1.4.1997: s. 21 not in force at Royal Assent, see s. 232(1)-(3); s. 21(3) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4 and s. 21 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

22 Assistance from local authorities.E+W

(1)A local authority may promote—

(a)the formation of bodies to act as registered social landlords, and

(b)the extension of the objects or activities of registered social landlords.

(2)A local authority may for the assistance of any registered social landlord subscribe for share or loan capital of the landlord.

(3)A local authority may for the assistance of a registered social landlord—

(a)make grants or loans to the landlord, or

(b)guarantee or join in guaranteeing the payment of the principal of, and interest on, money borrowed by the landlord (including money borrowed by the issue of loan capital) or of interest on share capital issued by the landlord.

(4)A local housing authority may sell or supply under a hire-purchase agreement furniture to the occupants of houses provided by a registered social landlord, and may buy furniture for that purpose.

In this subsection “hire-purchase agreement” means a hire-purchase agreement or conditional sale agreement within the meaning of the M13Consumer Credit Act 1974.

Annotations:

Modifications etc. (not altering text)

C31S. 22 extended (16.9.1996) by S.I. 1996/2402, art. 3,Sch. para. 1

Marginal Citations

23 Loans by Public Works Loans Commissioners.E+W

(1)The Public Works Loans Commissioners may lend money to a registered social landlord—

(a)for the purpose of constructing or improving, or facilitating or encouraging the construction or improvement, of dwellings,

(b)for the purchase of dwellings which the landlord desires to purchase with a view to their improvement, and

(c)for the purchase and development of land.

(2)A loan for any of those purposes, and interest on the loan, shall be secured by a mortgage of—

(a)the land in respect of which that purpose is to be carried out, and

(b)such other lands (if any) as may be offered as security for the loan;

and the money lent shall not exceed three-quarters (or, if the payment of the principal of, and interest on, the loan is guaranteed by a local authority, nine-tenths) of the value, to be ascertained to the satisfaction of the Public Works Commissioners, of the estate or interest in the land proposed to be so mortgaged.

(3)Loans may be made by instalments as the building of dwellings or other work on the land mortgaged under subsection (2) progresses (so, however, that the total amount lent does not at any time exceed the amount specified in that subsection); and a mortgage may accordingly be made to secure such loans to be so made.

(4)If the loan exceeds two-thirds of the value referred to in subsection (2), and is not guaranteed as to principal and interest by a local authority, the Public Works Loans Commissioners shall require, in addition to such a mortgage as is mentioned in that subsection, such further security as they think fit.

(5)Subject to subsection (6), the period for repayment of a loan under this section shall not exceed 40 years, and no money shall be lent on mortgage of any land unless the estate proposed to be mortgaged is either an estate in fee simple absolute in possession or an estate for a term of years absolute of which not less than 50 years are unexpired at the date of the loan.

(6)Where a loan under this section is made for the purpose of carrying out a scheme for the provision of houses approved by the Secretary of State, the maximum period for the repayment of the loan is 50 instead of 40 years, and money may be lent on the mortgage of an estate for a term of years absolute of which a period of not less than ten years in excess of the period fixed for the repayment of the sums advanced remains unexpired at the date of the loan.

Annotations:

Modifications etc. (not altering text)

C32S. 23 extended (16.9.1996) by S.I. 1996/2402, art. 3,Sch. para. 1

Treatment of disposal proceedsE+W

24 The disposal proceeds fund.E+W

(1)A registered social landlord shall show separately in its accounts for any period ending after the coming into force of this section its net disposal proceeds.

(2)The net disposal proceeds of a registered social landlord are—

(a)the net proceeds of sale received by it in respect of any disposal of land to a tenant—

(i)in pursuance of the right conferred by section 16 (right of tenant to acquire dwelling), or

(ii)in respect of which a grant was made under section 21 (purchase grant in respect of other disposals);

(b)payments of grant received by it under section 20 or 21 (purchase grant);

(c)where any such grant has been paid to it, any repayments of discount in respect of which the grant was given; and

(d)such other proceeds of sale or payments of grant (if any) as the [F50Relevant Authority] may from time to time determine.

(3)The net proceeds of sale means the proceeds of sale less an amount calculated in accordance with a determination by the [F50Relevant Authority].

(4)The disposal proceeds shall be shown in a fund to be known as a disposal proceeds fund.

(5)The method of constituting the fund and showing it in the landlord’s accounts shall be as required by determination of the [F50Relevant Authority] under paragraph 16 of Schedule 1 (general requirements as to accounts).

(6)Interest shall be added to the fund in accordance with a determination made by the [F50Relevant Authority].

(7)Where this section applies in relation to the proceeds of sale arising on a disposal, section 27 below (recovery, &c. of social housing grants) and section 52 of the M14Housing Act 1988 (recovery, &c. of grants under that Act and earlier enactments) do not apply.

Annotations:

Amendments (Textual)

F50Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Commencement Information

I8S. 24 wholly in force 1.4.1997; s. 24 not in force at Royal Assent see s. 232(3); s.24 in force for certain purposes at 1.8.1996 by S.I. 1996/2048, art. 3 and s. 24 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

Marginal Citations

25 Application or appropriation of disposal proceeds.E+W

(1)The sums standing in the disposal proceeds account of a registered social landlord (“disposal proceeds”) may only be applied or appropriated by it for such purposes and in such manner as the [F51Relevant Authority] may determine.

(2)If any disposal proceeds are not applied or appropriated as mentioned in subsection (1) within such time as is specified by determination of the [F51Relevant Authority], the [F51Relevant Authority] may direct that the whole or part of them shall be paid to it.

Annotations:

Amendments (Textual)

F51Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C33S. 25 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Commencement Information

I9S. 25 wholly in force 1.4.1997: s. 25 not in force at Royal Assent, see s. 232(1)-(3); s. 25 in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4 and s. 25 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

26 Disposal proceeds: power to require information.E+W

(1)The [F52Relevant Authority] may give notice—

(a)to all registered social landlords,

(b)to registered social landlords of a particular description, or

(c)to particular registered social landlords,

requiring them to furnish it with such information as it may reasonably require in connection with the exercise of its functions under sections 24 and 25 (treatment of disposal proceeds).

(2)A notice under subsection (1)(a) or (b) may be given by publication in such manner as the [F52Relevant Authority] considers appropriate for bringing it to the attention of the landlords concerned.

Annotations:

Amendments (Textual)

F52Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Recovery, &c. of social housing grantsE+W

27 Recovery, &c. of social housing grants.E+W

(1)Where a registered social landlord has received a grant under section 18 (social housing grant), the following powers are exercisable in such events as the [F53Relevant Authority] may from time to time determine.

(2)The [F53Relevant Authority] may, acting in accordance with such principles as it has determined—

(a)reduce any grant payable by it, or suspend or cancel any instalment of any such grant, or

(b)direct the registered social landlord to apply or appropriate for such purposes as the [F53Relevant Authority] may specify, or to pay to the [F53Relevant Authority], such amount as the [F53Relevant Authority] may specify.

(3)A direction by the [F53Relevant Authority] under subsection (2)(b) may require the application, appropriation or payment of an amount with interest.

(4)Any such direction shall specify—

(a)the rate or rates of interest (whether fixed or variable) which is or are applicable,

(b)the date from which interest is payable, and

(c)any provision for suspended or reduced interest which is applicable.

The date from which interest is payable must not be earlier than the date of the event giving rise to the exercise of the [F53Relevant Authority] powers under this section.

(5)In subsection (4)(c)—

(a)provision for suspended interest means provision to the effect that if the principal 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)provision for reduced interest means provision to the effect that if the principal 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.

(6)Where—

(a)a registered social landlord has received a payment in respect of a grant under section 18, 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 social landlord,

this section (including this subsection) shall have effect in relation to periods after that time as if the grant, or such proportion of it as may be determined by the [F53Relevant Authority] to be appropriate, had been made to that other registered social landlord.

(7)The matters specified in a direction under subsection (4)(a) to (c), and the proportion mentioned in subsection (6), shall be—

(a)such as the [F53Relevant 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 [F53Relevant Authority] may determine to be appropriate in the particular case.

Annotations:

Amendments (Textual)

F53Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C34S. 27 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Commencement Information

I10S. 27 wholly in force 1.4.1997: s. 27 not in force at Royal Assent, see s. 232(1)-(3); s. 27 in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4 and s. 27 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

[F54Grants to bodies other than registered social landlordsE+W+S+N.I.

Annotations:

Amendments (Textual)

F54Ss. 27A, 27B and cross-heading inserted (18.11.2004 for specified purposes, 17.2.2005 for E. in so far as not already in force) by Housing Act 2004 (c. 34), ss. 220, 270(2)(b); S.I. 2005/326, art. 2(a)

27AGrants to bodies other than registered social landlordsE+W+S+N.I.

(1)The Relevant Authority may make grants under this section to persons other than registered social landlords.

(2)Grants under this section are grants for any of the following purposes—

(a)acquiring, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of—

(i)under equity percentage arrangements, or

(ii)on shared ownership terms;

(b)constructing houses to be disposed of—

(i)under equity percentage arrangements, or

(ii)on shared ownership terms;

(c)providing loans to be secured by mortgages to assist persons to acquire houses for their own occupation;

(d)providing, constructing or improving houses to be kept available for letting;

(e)providing, constructing or improving houses for letting that are to be managed by such registered social landlords, and under arrangements containing such terms, as are approved by the Relevant Authority;

(f)such other purposes as may be specified in an order under subsection (3).

(3)The Secretary of State may by order make such provision in connection with the making of grants under this section as he considers appropriate.

(4)An order under subsection (3) may, in particular, make provision—

(a)defining “equity percentage arrangements” for the purposes of this section;

(b)specifying or describing the bodies from whom loans may be obtained by persons wishing to acquire houses for their own occupation;

(c)dealing with the priority of mortgages entered into by such persons;

(d)specifying purposes additional to those mentioned in subsection (2)(a) to (e).

(5)As regards grants made by the Housing Corporation, an order under subsection (3) may also require the imposition of conditions in connection with such grants, and for this purpose may—

(a)prescribe conditions that are to be so imposed;

(b)prescribe matters about which conditions are to be so imposed and any particular effects that such conditions are to achieve.

(6)The Relevant Authority shall specify in relation to grants under this section—

(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 the time or times at which, grant is to be paid.

(7)If, by virtue of subsection (5), an order under subsection (3) requires conditions to be imposed by the Housing Corporation in connection with a grant to a person under this section, the Corporation in making the grant—

(a)must provide that the grant is conditional on compliance by the person with such conditions as are required by the order; and

(b)if it exercises its power to impose conditions under subsection (8), must not impose any that are inconsistent with the requirements of the order.

(8)In making a grant to a person under this section the Relevant Authority may provide that the grant is conditional on compliance by the person with such conditions as the Authority may specify.

(9)The conditions that may be so specified include conditions requiring the payment to the Relevant Authority in specified circumstances of a sum determined by the Authority (with or without interest).

(10)An order under subsection (3) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11)In this section—

27BTransfer of property funded by grants under section 27AE+W+S+N.I.

(1)Where—

(a)any grant is paid or payable to any person under section 27A, 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, another person who is not a registered social landlord,

this Part shall have effect, in relation to times falling after that time, as if the grant, or such proportion of it as is determined or specified under subsection (4), had been paid or (as the case may be) were payable to that other person under section 27A.

(2)Where—

(a)any amount is paid or payable to any person by way of grant under section 27A, 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, a registered social landlord,

this Part shall have effect, in relation to times falling after that time, as if the grant, or such proportion of it as is determined or specified under subsection (4), had been paid or (as the case may be) were payable to that other person under section 18.

(3)In such a case, the relevant section 18 conditions accordingly apply to that grant or proportion of it, in relation to times falling after that time, in place of those specified under section 27A(8).

(4)The proportion mentioned in subsection (1) or (2) is that which, in the circumstances of the particular case—

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

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

Grants, &c. under earlier enactmentsE+W+S

28 Grants under ss.50 to [F55 54 ] of the Housing Act 1988.E+W

(1)No application for a grant under section 50 of the M15Housing Act 1988 (housing association grant) may be made after the commencement of this subsection.

(2)No application for a grant under section 51 of that Act (revenue deficit grant) may be made after the commencement of this subsection except by an association which had such a deficit as is mentioned in that section for any of the years beginning 1st April 1994, 1st April 1995 or 1st April 1996.

(3)Section 52 of that Act (recovery, &c. of grants) is amended as follows—

(a)in subsection (2)(c), for “to pay to it” substitute “ to apply or appropriate for such purposes as the [F56Relevant Authority] may specify, or to pay to the [F56Relevant Authority], ”;

(b)in the closing words of subsection (2), for the words from “requiring” to “interest on that amount” substitute “ may require the application, appropriation or payment of an amount with interest ”;

(c)in subsection (7), for the words from “requiring” to “to the [F56Relevant Authority]” substitute “ requiring the application, appropriation or payment of an amount with interest ”;

(d)in subsection (8)(a), for the words from “the amount” to “is paid” substitute “ the principal amount is applied, appropriated or paid ”;

(e)in subsection (8)(b), for “that amount is so paid” substitute “ the principal amount is so applied, appropriated or paid ”.

(4)In section 53 of that Act (determinations by [F56Relevant Authority]), for subsection (2) (requirement of approval of Secretary of State and, in the case of a general determination, consent of the Treasury) substitute—

(2)The [F56Relevant Authority] shall not make a general determination under the foregoing provisions of this Part except with the approval of the Secretary of State..

(5)In section 55(1) of that Act (surplus rental income: cases in which section applies), omit paragraph (a).

(6)Any reference in sections 50 to [F57 54 ] of that Act to registration as a housing association shall be construed after the commencement of section 1 of this Act (the register of social landlords) as a reference to registration as a social landlord.

Annotations:

Amendments (Textual)

F55Word in s. 28 sidenote substituted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 11

F56Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F57Word in s. 28(6) substituted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 11

Modifications etc. (not altering text)

C41S. 28(3) extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Commencement Information

I11S. 28 wholly in force 1.4.1997; s. 28 not in force at Royal Assent see s. 232(1)-(3); s.28(4) in force at 1.8.1996 by S.I. 1996/2048, art. 2; s. 28(3) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 5 and s. 28 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

Marginal Citations

29 Commutation of payments of special residual subsidy.E+W

(1)The Secretary of State may, after consultation with a housing association, determine to commute any payments of special residual subsidy payable to the association under paragraph 2 of Part I of Schedule 5 to the M16Housing Associations Act 1985 for the financial year 1998-99 and subsequent years.

(2)Where the Secretary of State makes such a determination the payments of special residual subsidy payable to a housing association shall be commuted into a single sum calculated in such manner, and payable on such date, as the Secretary of State may consider appropriate.

(3)If after a commuted payment has been made to a housing association it appears to the Secretary of State that the payment was smaller or greater than it should have been, the Secretary of State may make a further payment to the association or require the association to repay to him such sum as he may direct.

(4)The Secretary of State may delegate to the Housing Corporation, to such extent and subject to such conditions as he may specify, any of his functions under this section and, where he does so, references to him in this section shall be construed accordingly.

Annotations:

Modifications etc. (not altering text)

Commencement Information

I12S. 29 wholly in force 1.4.1997; s. 29 not in force at Royal Assent see s. 232(3); s. 29 in force for certain purposes at 1.8.1996 by S.I. 1996/2048, art. 3 and s. 29 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

Marginal Citations

Chapter IVE+W General powers of the [F58Relevant Authority]

Annotations:

Amendments (Textual)

F58Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

InformationE+W

30 General power to obtain information.E+W

(1)The [F59Relevant Authority] may for any purpose connected with the discharge of any of its functions in relation to registered social landlords serve a notice on a person requiring him—

(a)to give to the [F59Relevant Authority], at a time and place and in the form and manner specified in the notice, such information relating to the affairs of a registered social landlord as may be specified or described in the notice, or

(b)to produce to the [F59Relevant Authority] or a person authorised by the [F59Relevant Authority], at a time and place specified in the notice, any documents relating to the affairs of the registered social landlord which are specified or described in the notice and are in his custody or under his control.

(2)A notice under this section may be served on—

(a)a registered social landlord,

(b)any person who is, or has been, an officer, member, employee or agent of a registered social landlord,

(c)a subsidiary or associate of a registered social landlord,

(d)any person who is, or has been, an officer, member, employee or agent of a subsidiary or associate of a registered social landlord, or

(e)any other person whom the [F59Relevant Authority] has reason to believe is or may be in possession of relevant information.

In this section “agent” includes banker, solicitor and auditor.

(3)No notice shall be served on a person within paragraphs (b) to (e) of subsection (2) unless—

(a)a notice has been served on the registered social landlord and has not been complied with, or

(b)the [F59Relevant Authority] believes that the information or documents in question are not in the possession of the landlord.

(4)Nothing in this section authorises the [F59Relevant Authority] to require—

(a)the disclosure of anything which a person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court, or

(b)the disclosure by a banker of anything in breach of any duty of confidentiality owed by him to a person other than a registered social landlord or a subsidiary or associate of a registered social landlord.

[F60(5)A notice under this section—

(a)if given by the Housing Corporation, shall be given under its seal, and

(b)if given by the Secretary of State, shall be given in writing.]

(6)References in this section to a document are to anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form, references to producing it are to producing it in legible form.

(7)Where by virtue of this section documents are produced to any person, he may take copies of or make extracts from them.

Annotations:

Amendments (Textual)

F59Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F60S. 30(5) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.86 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C43S. 30 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

31 Enforcement of notice to provide information, &c.E+W

(1)A person who without reasonable excuse fails to do anything required of him by a notice under section 30 commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2)A person who intentionally alters, suppresses or destroys a document which he has been required by a notice under section 30 to produce commits an offence and is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum,

[F61(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.]

(3)Proceedings for an offence under subsection (1) or (2) may be brought only by or with the consent of the [F62Relevant Authority] or the Director of Public Prosecutions.

(4)If a person makes default in complying with a notice under section 30, the High Court may, on the application of the [F62Relevant Authority], make such order as the court thinks fit for requiring the default to be made good.

Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a body who are responsible for its default.

Annotations:

Amendments (Textual)

F62Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C45S. 31 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

32 Disclosure of information to the [F63Relevant Authority].E+W

(1)A body or person to whom this section applies may, subject to the following provisions, disclose to the [F63Relevant Authority], for the purpose of enabling the [F63Relevant Authority] to discharge any of its functions relating to registered social landlords, any information received by that body or person under or for the purposes of any enactment.

(2)This section applies to the following bodies and persons—

(a)any government department (including a Northern Ireland department);

(b)any local authority;

(c)any constable; and

(d)any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

(3)This section has effect subject to any express restriction on disclosure imposed by or under any other enactment.

(4)Nothing in this section shall be construed as affecting any power of disclosure exercisable apart from this section.

Annotations:

Amendments (Textual)

F63Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C46S. 32 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

33 Disclosure of information by the [F64Relevant Authority].E+W

(1)The [F64Relevant Authority] may disclose to a body or person to whom this section applies any information received by it relating to a registered social landlord—

(a)for any purpose connected with the discharge of the functions of the [F64Relevant Authority] in relation to such landlords, or

(b)for the purpose of enabling or assisting that body or person to discharge any of its or his functions.

(2)This section applies to the following bodies and persons—

(a)any government department (including a Northern Ireland department);

(b)any local authority;

(c)any constable; and

(d)any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

Paragraph (d) extends to any such body or person in a country or territory outside the United Kingdom.

(3)Where any information disclosed to the [F64Relevant Authority] under section 32 is so disclosed subject to any express restriction on the further disclosure of the information, the [F64Relevant Authority’s] power of disclosure under this section is exercisable subject to that restriction.

A person who discloses information in contravention of any such restriction commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)Any information disclosed by the [F64Relevant Authority] under this section may be subject by the [F64Relevant Authority] to any express restriction on the further disclosure of the information.

(5)A person who discloses information in contravention of any such restriction commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Proceedings for such an offence may be brought only by or with the consent of the [F64Relevant Authority] or the Director of Public Prosecutions.

(6)Nothing in this section shall be construed as affecting any power of disclosure exercisable apart from this section.

Annotations:

Amendments (Textual)

F64Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C47S. 33 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Standards of performanceE+W

34 Standards of performance.E+W

The [F65Relevant Authority] may, after consultation with persons or bodies appearing to it to be representative of registered social landlords, from time to time—

(a)determine such standards of performance in connection with the provision of housing as, in its opinion, ought to be achieved by such landlords, and

(b)arrange for the publication, in such form and in such manner as it considers appropriate, of the standards so determined.

Annotations:

Amendments (Textual)

F65Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C48S. 34 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

35 Information as to levels of performance.E+W

(1)The [F66Relevant Authority] shall from time to time collect information as to the levels of performance achieved by registered social landlords in connection with the provision of housing.

(2)On or before such date in each year as may be specified in a direction given by the [F66Relevant Authority], each registered social landlord shall provide the [F66Relevant Authority], as respects each standard determined under section 34, with such information as to the level of performance achieved by him as may be so specified.

(3)A registered social landlord who without reasonable excuse fails to do anything required of him by a direction under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Proceedings for such an offence may be brought only by or with the consent of the [F66Relevant Authority] or the Director of Public Prosecutions.

(4)The [F66Relevant Authority] shall at least once in every year arrange for the publication, in such form and in such manner as it considers appropriate, of such of the information collected by or provided to it under this section as appears to it expedient to give to tenants or potential tenants of registered social landlords.

(5)In arranging for the publication of any such information the [F66Relevant Authority] shall have regard to the need for excluding, so far as that is practicable—

(a)any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of the [F66Relevant Authority], seriously and prejudicially affect the interests of that individual; and

(b)any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the [F66Relevant Authority], seriously and prejudicially affect the interests of that body.

Annotations:

Amendments (Textual)

F66Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Commencement Information

I13S. 35 wholly in force 1.4.1998: s. 35 not in force at Royal Assent see s. 232(1)-(3); s. 35(1)(2)(3)(5) in force at 1.4.1997 and s. 35(4) in force at 1.4.1998 by S.I. 1997/618, arts. 2, 3

Housing managementE+W

36 Issue of guidance by the [F67Relevant Authority].E+W

(1)The [F67Relevant Authority] may issue guidance with respect to the management of housing accommodation by registered social landlords.

(2)Guidance under [F68 subsection (1) ] may, in particular, be issued with respect to—

(a)the housing demands for which provision should be made and the means of meeting those demands;

(b)the allocation of housing accommodation between individuals;

(c)the terms of tenancies and the principles upon which levels of rent should be determined;

(d)standards of maintenance and repair and the means of achieving those standards;

(e)the services to be provided to tenants;

(f)the procedures to be adopted to deal with complaints by tenants against a landlord;

(g)consultation and communication with tenants;

(h)the devolution to tenants of decisions concerning the management of housing accommodation.

[F69(i)the policy and procedures a landlord is required under section 218A to prepare and from time to time revise in connection with anti-social behaviour.]

[F70(2A)The Relevant Authority may also issue guidance with respect to—

(a)the governance of bodies that are registered social landlords;

(b)the effective management of such bodies;

(c)establishing and maintaining the financial viability of such bodies.]

[F71(3)Before issuing any guidance under this section the Relevant Authority shall consult such bodies appearing to the Relevant Authority to be representative of registered social landlords as the Relevant Authority considers appropriate; and where the Relevant Authority issues guidance under this section it shall be issued in such manner as the Relevant Authority considers appropriate for bringing it to the notice of the landlords concerned.

(4)The Housing Corporation shall not issue guidance under this section unless—

(a)it has been submitted in draft to the Secretary of State for his approval, and

(b)the Secretary of State has given his approval to the draft.]

(5)Guidance issued under this section may be revised or withdrawn; and subsections (3) and (4) apply in relation to the revision of guidance as in relation to its issue.

(6)Guidance under this section may make different provision in relation to different cases and, in particular, in relation to different areas, different descriptions of housing accommodation and different descriptions of registered social landlord.

(7)In considering whether action needs to be taken to secure the proper management of the affairs of a registered social landlord or whether there has been [F72 misconduct or ] mismanagement, the [F67Relevant Authority] may have regard (among other matters) to the extent to which any guidance under this section is being or has been followed.

Annotations:

Amendments (Textual)

F67Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F68Words in s. 36(2) substituted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 13(2)

F71S. 36(3)(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.87 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F72Words in s. 36(7) inserted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 13(4)

Modifications etc. (not altering text)

Commencement Information

I14S. 36 wholly in force 1.10.1996; s. 36 not in force at Royal Assent see s. 232(1)-(3); s. 36(1)-(6) in force at 1.8.1996 by S.I. 1996/2048, art. 2 and s. 36(7) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.)

37 Powers of entry.E+W

(1)This section applies where it appears to the [F73Relevant Authority] that a registered social landlord may be failing to maintain or repair any premises in accordance with guidance issued under section 36.

(2)A person authorised by the [F73Relevant Authority] may at any reasonable time, on giving not less than 28 days’ notice of his intention to the landlord concerned, enter any such premises for the purpose of survey and examination.

(3)Where such notice is given to the landlord, the landlord shall give the occupier or occupiers of the premises not less than seven days’ notice of the proposed survey and examination.

A landlord who fails to do so commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)Proceedings for an offence under subsection (3) may be brought only by or with the consent of the [F73Relevant Authority] or the Director of Public Prosecutions.

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

(6)The [F73Relevant Authority] shall give a copy of any survey carried out in exercise of the powers conferred by this section to the landlord concerned.

(7)The [F73Relevant Authority] may require the landlord concerned to pay to it such amount as the [F73Relevant Authority] may determine towards the costs of carrying out any survey under this section.

Annotations:

Amendments (Textual)

F73Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C50S. 37 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

38 Penalty for obstruction of person exercising power of entry.E+W

(1)It is an offence for a registered social landlord or any of its officers or employees to obstruct a person authorised under section 37 (powers of entry) to enter premises in the performance of anything which he is authorised by that section to do.

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

(3)Proceedings for such an offence may be brought only by or with the consent of the [F74Relevant Authority] or the Director of Public Prosecutions.

Annotations:

Amendments (Textual)

F74Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C51S. 38 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Insolvency, &c. of registered social landlordE+W

39 Insolvency, &c. of registered social landlord: scheme of provisions.E+W

(1)The following sections make provision—

(a)for notice to be given to the [F75Relevant Authority] of any proposal to take certain steps in relation to a registered social landlord (section 40), and for further notice to be given when any such step is taken (section 41),

(b)for a moratorium on the disposal of land, and certain other assets, held by the registered social landlord (sections 42 and 43),

(c)for proposals by the [F75Relevant Authority] as to the future ownership and management of the land held by the landlord (section 44), which are binding if agreed (section 45),

(d)for the appointment of a manager to implement agreed proposals (section 46) and as to the powers of such a manager (sections 47 and 48),

(e)for the giving of assistance by the [F75Relevant Authority] (section 49), and

(f)for application to the court to secure compliance with the agreed proposals (section 50).

(2)In those sections—

(3)The Secretary of State may make provision by order defining for the purposes of those sections what is meant by a step to enforce security over land.

Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

Amendments (Textual)

F75Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

40 Initial notice to be given to the [F76Relevant Authority].E+W

(1)Notice must be given to the [F76Relevant Authority] before any of the steps mentioned below is taken in relation to a registered social landlord.

The person by whom the notice must be given is indicated in the second column.

(2)Where the registered social landlord is an industrial and provident society, the steps and the person by whom notice must be given are—

Any step to enforce any security over land held by the landlord.The person proposing to take the step.
Presenting a petition for the winding up of the landlord.The petitioner.
Passing a resolution for the winding up of the landlord.The landlord.

(3)Where the registered social landlord is [F77a company] (including a registered charity), the steps and the person by whom notice must be given are—

Any step to enforce any security over land held by the landlord.The person proposing to take the step.
Applying for an administration order.The applicant.
Presenting a petition for the winding up of the landlord.The petitioner.
Passing a resolution for the winding up of the landlord.The landlord.

(4)Where the registered social landlord is a registered charity (other than [F77a company] ), the steps and the person by whom notice must be given are—

Any step to enforce any security over land held by the landlord.The person proposing to take the step.

(5)Notice need not be given under this section in relation to a resolution for voluntary winding up where the consent of the [F76Relevant Authority] is required (see paragraphs 12(4) and 13(6) of Schedule 1).

(6)Any step purportedly taken without the requisite notice being given under this section is ineffective.

[F78(7)Subsections (8) and (9) apply in relation to the reference in subsection (3) to applying for an administration order.

(8)In a case where an administrator is appointed under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 (appointment by floating charge holder, company or directors)—

(a)the reference includes a reference to appointing an administrator under that paragraph, and

(b)in respect of an appointment under either of those paragraphs the reference to the applicant shall be taken as a reference to the person making the appointment.

(9)In a case where a copy of a notice of intention to appoint an administrator under either of those paragraphs is filed with the court—

(a)the reference shall be taken to include a reference to the filing of the copy of the notice, and

(b)in respect of the filing of a copy of a notice of intention to appoint under either of those paragraphs the reference to the applicant shall be taken as a reference to the person giving the notice.]

41 Further notice to be given to the [F79Relevant Authority].E+W

(1)Notice must be given to the [F79Relevant Authority] as soon as may be after any of the steps mentioned below is taken in relation to a registered social landlord.

The person by whom the notice must be given is indicated in the second column.

(2)Where the registered social landlord is an industrial and provident society, the steps and the person by whom notice must be given are—

The taking of a step to enforce any security over land held by the landlord.The person taking the step.
The making of an order for the winding up of the landlord.The petitioner.
The passing of a resolution for the winding up of the landlord.The landlord.

(3)Where the registered social landlord is [F80a company] (including a registered charity), the steps and the person by whom notice must be given are—

The taking of a step to enforce any security over land held by the landlord.The person taking the step.
The making of an administration order.The person who applied for the order.
The making of an order for the winding up of the landlord.The petitioner.
The passing of a resolution for the winding up of the landlord.The landlord.

(4)Where the registered social landlord is a registered charity (other than [F80a company] ), the steps and the person by whom notice must be given are—

The taking of a step to enforce any security over land held by the landlord.The person taking the step.

(5)Failure to give notice under this section does not affect the validity of any step taken; but the period of 28 days mentioned in section 43(1) (period after which moratorium on disposal of land, &c. ends) does not begin to run until any requisite notice has been given under this section.

[F81(6)In subsection (3)—

(a)the reference to the making of an administration order includes a reference to appointing an administrator under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 (administration), and

(b)in respect of an appointment under either of those paragraphs the reference to the applicant shall be taken as a reference to the person making the appointment.]

42 Moratorium on disposal of land, &c.E+W

(1)Where any of the steps mentioned in section 41 is taken in relation to a registered social landlord, there is a moratorium on the disposal of land held by the landlord.

(2)During the moratorium the consent of the [F82Relevant Authority] under this section is required (except as mentioned below) for any disposal of land held by the landlord, whether by the landlord itself or any person having a power of disposal in relation to the land.

Consent under this section may be given in advance and may be given subject to conditions.

(3)Consent is not required under this section for any such disposal as is mentioned in section 10(1), (2) or (3) (lettings and other disposals not requiring consent under section 9).

(4)A disposal made without the consent required by this section is void.

(5)Nothing in this section prevents a liquidator from disclaiming any land held by the landlord as onerous property.

(6)The provisions of this section apply in relation to any existing or future interest of the landlord in rent or other receipts arising from land as they apply to an interest in land.

Annotations:

Amendments (Textual)

F82Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

43 Period of moratorium.E+W

(1)The moratorium in consequence of the taking of any step as mentioned in section 41—

(a)begins when the step is taken, and

(b)ends at the end of the period of 28 days beginning with the day on which notice of its having been taken was given to the [F83Relevant Authority] under that section,

subject to the following provisions.

(2)The taking of any further step as mentioned in section 41 at a time when a moratorium is already in force does not start a further moratorium or affect the duration of the existing one.

(3)A moratorium may be extended from time to time with the consent of all the landlord’s secured creditors.

Notice of any such extension shall be given by the [F83Relevant Authority] to—

(a)the landlord, and

(b)any liquidator, administrative receiver, receiver or administrator appointed in respect of the landlord or any land held by it.

(4)If during a moratorium the [F83Relevant Authority] considers that the proper management of the landlord’s land can be secured without making proposals under section 44 (proposals as to ownership and management of landlord’s land), the [F83Relevant Authority] may direct that the moratorium shall cease to have effect.

Before making any such direction the [F83Relevant Authority] shall consult the person who took the step which brought about the moratorium.

(5)When a moratorium comes to an end, or ceases to have effect under subsection (4), the [F83Relevant Authority] shall give notice of that fact to the landlord and the landlord’s secured creditors.

(6)When a moratorium comes to an end (but not when it ceases to have effect under subsection (4)), the following provisions of this section apply.

The [F83Relevant Authority’s] notice shall, in such a case, inform the landlord and the landlord’s secured creditors of the effect of those provisions.

(7)If any further step as mentioned in section 41 is taken within the period of three years after the end of the original period of the moratorium, the moratorium may be renewed with the consent of all the landlord’s secured creditors (which may be given before or after the step is taken).

Notice of any such renewal shall be given by the [F83Relevant Authority] to the persons to whom notice of an extension is required to be given under subsection (3).

(8)If a moratorium ends without any proposals being agreed, then, for a period of three years the taking of any further step as mentioned in section 41 does not start a further moratorium except with the consent of the landlord’s secured creditors as mentioned in subsection (7) above.

Annotations:

Amendments (Textual)

F83Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

44 Proposals as to ownership and management of landlord’s land.E+W

(1)During the moratorium (see sections 42 and 43) the [F84Relevant Authority] may make proposals as to the future ownership and management of the land held by the registered social landlord, designed to secure the continued proper management of the landlord’s land by a registered social landlord.

(2)In drawing up its proposals the [F84Relevant Authority]

(a)shall consult the landlord and, so far as is practicable, its tenants, and

(b)shall have regard to the interests of all the landlord’s creditors, both secured and unsecured.

(3)The [F84Relevant Authority] shall also consult—

(a)where the landlord is an industrial and provident society, the appropriate registrar, and

(b)where the landlord is a registered charity, the [F85Charity Commission] .

(4)No proposals shall be made under which—

(a)a preferential debt of the landlord is to be paid otherwise than in priority to debts which are not preferential debts, or

(b)a preferential creditor is to be paid a smaller proportion of his preferential debt than another preferential creditor, except with the concurrence of the creditor concerned.

In this subsection references to preferential debts and preferential creditors have the same meaning as in the M17Insolvency Act 1986.

(5)So far as practicable no proposals shall be made which have the effect that unsecured creditors of the landlord are in a worse position than they would otherwise be.

(6)Where the landlord is a charity the proposals shall not require the landlord to act outside the terms of its trusts, and any disposal of housing accommodation occupied under a tenancy or licence from the landlord must be to another charity whose objects appear to the [F84Relevant Authority] to be, as nearly as practicable, akin to those of the landlord.

(7)The [F84Relevant Authority] shall serve a copy of its proposals on—

(a)the landlord and its officers,

(b)the secured creditors of the landlord, and

(c)any liquidator, administrator, administrative receiver or receiver appointed in respect of the landlord or its land;

and it shall make such arrangements as it considers appropriate to see that the members, tenants and unsecured creditors of the landlord are informed of the proposals.

Annotations:

Amendments (Textual)

F84Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F85Words in s. 44(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 187; S.I. 2007/309, art. 2, Sch.

Marginal Citations

45 Effect of agreed proposals.E+W

(1)The following provisions apply if proposals made by the [F86Relevant Authority] under section 44 are agreed, with or without modifications, by all the secured creditors of the registered social landlord.

(2)Once agreed the proposals are binding on the [F86Relevant Authority], the landlord, all the landlord’s creditors (whether secured or unsecured) and any liquidator, administrator, administrative receiver or receiver appointed in respect of the landlord or its land.

(3)It is the duty of—

(a)the members of the committee where the landlord is an industrial and provident society,

(b)the directors where the landlord is [F87a company (including a company that is a registered charity)] , and

(c)the trustees where the landlord is a charitable trust,

to co-operate in the implementation of the proposals.

This does not mean that they have to do anything contrary to any fiduciary or other duty owed by them.

(4)The [F86Relevant Authority] shall serve a copy of the agreed proposals on—

(a)the landlord and its officers,

(b)the secured creditors of the landlord, and

(c)any liquidator, administrator, administrative receiver or receiver appointed in respect of the landlord or its land, and

(d)where the landlord is an industrial and provident society or registered charity, the [F88Financial Services Authority] or the [F89Charity Commission] , as the case may be;

and it shall make such arrangements as it considers appropriate to see that the members, tenants and unsecured creditors of the landlord are informed of the proposals.

(5)The proposals may subsequently be amended with the consent of the [F86Relevant Authority] and all the landlord’s secured creditors.

Section 44(2) to (7) and subsections (2) to (4) above apply in relation to the amended proposals as in relation to the original proposals.

Annotations:

Amendments (Textual)

F86Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

F88Words in s. 45(4)(d) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 354

F89Words in s. 45(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 188; S.I. 2007/309, art. 2, Sch.

46 Appointment of manager to implement agreed proposals.E+W

(1)Where proposals agreed as mentioned in section 45 so provide, the [F90Relevant Authority] may by order F91. . . appoint a manager to implement the proposals or such of them as are specified in the order.

(2)If the landlord is a registered charity, the [F90Relevant Authority] shall give notice to the [F92Charity Commission] of the appointment.

(3)Where proposals make provision for the appointment of a manager, they shall also provide for the payment of his reasonable remuneration and expenses.

(4)The [F90Relevant Authority] may give the manager directions in relation to the carrying out of his functions.

(5)The manager may apply to the High Court for directions in relation to any particular matter arising in connection with the carrying out of his functions.

A direction of the court supersedes any direction of the [F90Relevant Authority] in respect of the same matter.

(6)If a vacancy occurs by death, resignation or otherwise in the office of manager, the [F90Relevant Authority] may by further order F91. . . fill the vacancy.

[F93(7)An order under this section—

(a)if made by the Housing Corporation, shall be made under its seal, and

(b)if made by the Secretary of State, shall be made in writing.]

Annotations:

Amendments (Textual)

F90Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F91Words in s. 46(1)(6) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 88(2), Sch. 18 Pt.VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F92Words in s. 46(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 189; S.I. 2007/309, art. 2, Sch.

F93S. 46(7) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 88(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

47 Powers of the manager.E+W

(1)An order under section 46(1) shall confer on the manager power generally to do all such things as are necessary for carrying out his functions.

(2)The order may include the following specific powers—

1.Power to take possession of the land held by the landlord and for that purpose to take any legal proceedings which seem to him expedient.

2.Power to sell or otherwise dispose of the land by public auction or private contract.

3.Power to raise or borrow money and for that purpose to grant security over the land.

4.Power to appoint a solicitor or accountant or other professionally qualified person to assist him in the performance of his functions.

5.Power to bring or defend legal proceedings relating to the land in the name and on behalf of the landlord.

6.Power to refer to arbitration any question affecting the land.

7.Power to effect and maintain insurance in respect of the land.

8.Power where the landlord is a body corporate to use the seal of the body corporate for purposes relating to the land.

9.Power to do all acts and to execute in the name and on behalf of the landlord any deed, receipt or other document relating to the land.

10.Power to appoint an agent to do anything which he is unable to do for himself or which can more conveniently be done by an agent, and power to employ and dismiss any employees.

11.Power to do all such things (including the carrying out of works) as may be necessary in connection with the management or transfer of the land.

12.Power to make any payment which is necessary or incidental to the performance of his functions.

13.Power to carry on the business of the landlord so far as relating to the management or transfer of the land.

14.Power to grant or accept a surrender of a lease or tenancy of any of the land, and to take a lease or tenancy of any property required or convenient for the landlord’s housing activities.

15.Power to make any arrangement or compromise on behalf of the landlord in relation to the management or transfer of the land.

16.Power to do all other things incidental to the exercise of any of the above powers.

(3)In carrying out his functions the manager acts as the landlord’s agent and he is not personally liable on a contract which he enters into as manager.

(4)A person dealing with the manager in good faith and for value is not concerned to inquire whether the manager is acting within his powers.

(5)The manager shall, so far as practicable, consult the landlord’s tenants about any exercise of his powers which is likely to affect them and inform them about any such exercise of his powers.

48 Powers of the manager: transfer of engagements.E+W+S

(1)An order under section 46(1) may, where the landlord is an industrial and provident society, give the manager power to make and execute on behalf of the society an instrument transferring the engagements of the society.

(2)Any such instrument has the same effect as a transfer of engagements under section 51 or 52 of the M18Industrial and Provident Societies Act 1965 (transfer of engagements by special resolution to another society or a company).

In particular, its effect is subject to section 54 of that Act (saving for rights of creditors).

(3)A copy of the instrument, signed by the manager, shall be sent to the [F94Financial Services Authority and registered by it]; and until that copy is so registered the instrument shall not take effect.

(4)It is the duty of the manager to send a copy for registration within 14 days from the day on which the instrument is executed; but this does not invalidate registration after that time.

Annotations:

Amendments (Textual)

F94Words in s. 48(3) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 355

Marginal Citations

49 Assistance by the [F95Relevant Authority].E+W

(1)The [F95Relevant Authority] may give such assistance as it thinks fit—

(a)to the landlord, for the purpose of preserving the position pending the making of and agreement to proposals;

(b)to the landlord or a manager appointed under section 46, for the purpose of carrying out any agreed proposals.

(2)The [F95Relevant Authority] may, in particular—

(a)lend staff;

(b)pay or secure payment of the manager’s reasonable remuneration and expenses;

(c)give such financial assistance as appears to the [F95Relevant Authority] to be appropriate.

(3)The [F96giving by the Housing Corporation of the following forms of assistance requires] the consent of the Secretary of State—

(a)making grants or loans;

(b)agreeing to indemnify the manager in respect of liabilities incurred or loss or damage sustained by him in connection with his functions;

(c)paying or guaranteeing the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any sum borrowed (before or after the making of the order) and secured on any land disposed of.

Annotations:

Amendments (Textual)

F95Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F96Words in s. 49(3) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.89 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

50 Application to court to secure compliance with agreed proposals.E+W

(1)The landlord or any creditor of the landlord may apply to the High Court on the ground that an action of the manager appointed under section 46 is not in accordance with the agreed proposals.

On such an application the court may confirm, reverse or modify any act or decision of the manager, give him directions or make such other order as it thinks fit.

(2)The [F97Relevant Authority] or any other person bound by agreed proposals may apply to the High Court on the ground that any action, or proposed action, by another person bound by the proposals is not in accordance with those proposals.

On such an application the court may—

(a)declare any such action to be ineffective, and

(b)grant such relief by way of injunction, damages or otherwise as appears to the court appropriate.

Annotations:

Amendments (Textual)

F97Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Chapter VE+W+S+N.I. Miscellaneous and general provisions

Housing complaintsE+W

51 Schemes for investigation of complaints.E+W

(1)The provisions of Schedule 2 have effect for the purpose of enabling tenants and other individuals to have complaints against social landlords investigated by a housing ombudsman in accordance with a scheme approved by the Secretary of State.

(2)For the purposes of that Schedule a “social landlord” means—

(a)a registered social landlord [F98or a body which was at any time a registered social landlord];

(b)a transferee of housing pursuant to [F99

(i)a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act; or

(ii)a qualifying disposal that was made] under section 135 of the M19Leasehold Reform, Housing and Urban Development Act 1993;

(c)a body which has acquired dwellings under Part IV of the M20Housing Act 1988 (change of landlord: secure tenants); or

(d)any other body which was at any time registered with the [F100Housing Corporation, or with Housing for Wales,] and which owns or manages publicly-funded dwellings.

(3)In subsection (2)(d) a “publicly-funded dwelling” means a dwelling which was—

(a)provided by means of a grant under—

(b)acquired on a disposal by a public sector landlord.

(4)The Secretary of State may by order add to or amend the descriptions of landlords who are to be treated as social landlords for the purposes of Schedule 2.

(5)Before making any such order the Secretary of State shall consult such persons as he considers appropriate.

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

[F101(7)This section shall not apply in relation to social landlords in Wales (within the meaning given by [F102 section 41 of the Public Services Ombudsman (Wales) Act 2005 ] ).]

Annotations:

Amendments (Textual)

F98Words in s. 51(2)(a) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 90(a) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F100Words in s. 51(2)(d) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 90(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

Commencement Information

I15S. 51 wholly in force 1.4.1997; s. 51 not in force at Royal Assent see s. 232(3); s.51 in force for certain purposes at 1.8.1996 by S.I. 1996/2048, art. 2; s. 51(1) in force so far as not already in force and 51(2)-(6) in force at 1.4.1997 by S.I. 1997/618, art. 2 (subject to the limitation in (2) of that art.)

Marginal Citations

F104F105[F10351A Social Housing Ombudsman for WalesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F103Ss. 51A-51C inserted (18.11.2004 for specified purposes) by Housing Act 2004 (c. 34), ss. 228, 270(2)(b)

F105Ss. 51A-51C inserted (18.11.2004 for specified purposes, 14.7.2005 in so far as not already in force) by Housing Act 2004 (c. 34), ss. 228(2), 270(2)(b); S.I. 2005/1814, arts. 1(2), 2(c)

F104F10551BInvestigation of complaintsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F103Ss. 51A-51C inserted (18.11.2004 for specified purposes) by Housing Act 2004 (c. 34), ss. 228, 270(2)(b)

F105Ss. 51A-51C inserted (18.11.2004 for specified purposes, 14.7.2005 in so far as not already in force) by Housing Act 2004 (c. 34), ss. 228(2), 270(2)(b); S.I. 2005/1814, arts. 1(2), 2(c)

F104F10551C]Meaning of “social landlord in Wales”E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F103Ss. 51A-51C inserted (18.11.2004 for specified purposes) by Housing Act 2004 (c. 34), ss. 228, 270(2)(b)

F105Ss. 51A-51C inserted (18.11.2004 for specified purposes, 14.7.2005 in so far as not already in force) by Housing Act 2004 (c. 34), ss. 228(2), 270(2)(b); S.I. 2005/1814, arts. 1(2), 2(c)

Orders and determinationsE+W

52 General provisions as to orders.E+W

(1)The following provisions apply to any power of the Secretary of State under [F106section 2, 17, [F107 27A, ] 39, 51 or 55 or Schedule 2] to make an order.

(2)An order may make different provision for different cases or descriptions of case.

This includes power to make different provision for different bodies or descriptions of body, different provision for different housing activities and different provision for different areas.

(3)An order may contain such supplementary, incidental, consequential or transitional provisions and savings as the Secretary of State considers appropriate.

Annotations:

Amendments (Textual)

F106Words in s. 52(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.91 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F107Word in s. 52(1) inserted (6.4.2006 for E.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 41; S.I. 2006/1060, art. 2(1)(d) (with Sch.)

53 General provisions as to determinations.E+W

(1)The following provisions apply to determinations of the [F108Housing Corporation] or the Secretary of State under this Part.

(2)A determination may make different provision for different cases or descriptions of case.

This includes power to make—

(a)different provision for different registered social landlords or descriptions of registered social landlord, and

(b)different provision for different housing activities and different provision for different areas;

and for the purposes of paragraph (b) 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.

(3)In this Part a general determination means a determination which does not relate solely to a particular case.

(4)Before making a general determination, the [F108Housing Corporation] or the Secretary of State shall consult such bodies appearing to them to be representative of registered social landlords as they consider appropriate.

(5)After making a general determination, the [F108Housing Corporation] or the Secretary of State shall publish the determination in such manner as they consider appropriate for bringing the determination to the notice of the landlords concerned.

Annotations:

Amendments (Textual)

F108Words in s. 53(1)(4)(5) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.92 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

54 Determinations of the [Housing Corporation] requiring approval.E+W

The [F109Housing Corporation shall not make—

(a)a general determination under paragraph 16 of Schedule 1 (accounting and audit requirements for registered social landlords) or section 18 (social housing grant), or

(b)any determination under section 27 (recovery, &c. of social housing grants),[F110or

(c)any determination under section 27B (transfer of property funded by grants under section 27A),]

except with the approval of the Secretary of State.]

Annotations:

Amendments (Textual)

F109Words in s. 54 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.93 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F110S. 54(c) and word inserted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 42; S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)

Modifications etc. (not altering text)

Minor and consequential amendmentsE+W+S+N.I.

55 Minor and consequential amendments: Part I.E+W+S+N.I.

(1)The enactments mentioned in Schedule 3 have effect with the minor amendments specified there.

(2)The Secretary of State may by order make such amendments or repeals of any enactment as appear to him necessary or expedient in consequence of the provisions of this Part.

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

Annotations:

Commencement Information

I16S. 55 wholly in force 1.4.1997; s. 55 not in force at Royal Assent see s. 232(3); s. 55(1) in force for certain purposes and s. 55(2)(3) wholly in force at 1.8.1996 by S.I. 1996/2048, artS. 2, 4; s. 55(1) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 3 (subject to the transitional provisions and savings in Sch. para. 1) and in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2 (subject to the limitation in (2) of that art.)

InterpretationE+W

56 Meaning of “the [F111Relevant Authority]”.E+W

(1)In this Part “the [F111Relevant Authority]” means the Housing Corporation or [F112the Secretary of State], as follows.

(2)In relation to a registered social landlord, or a body applying for such registration, which is—

(a)a registered charity which has its address for the purposes of registration by the [F113Charity Commission] in Wales,

(b)an industrial and provident society which has its registered office for the purposes of the M23Industrial and Provident Societies Act 1965 in Wales, or

(c)a company registered under [F114the Companies Act 2006] which has its registered office for the purposes of that Act in Wales,

the [F111Relevant Authority]” means [F112the Secretary of State].

(3)In relation to any other registered social landlord or body applying for such registration, “the [F111Relevant Authority]” means the Housing Corporation.

(4)Nothing in this Part shall be construed as requiring the Housing Corporation and [F112the Secretary of State] to establish the same criteria for registration as a social landlord, or otherwise to act on the same principles in respect of any matter in relation to which they have functions under this Part.

Annotations:

Amendments (Textual)

F111Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F112Words in s. 56(1)(2)(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.94 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F113Words in s. 56(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 190; S.I. 2007/309, art. 2, Sch.

Modifications etc. (not altering text)

Marginal Citations

57 Definitions relating to industrial and provident societies.E+W

(1)In this Part, in relation to an industrial and provident society—

(2)Any reference in this Part to a member of the committee of an industrial and provident society includes a co-opted member.

Annotations:

Amendments (Textual)

F115Definition of “appropriate registrar” in s. 57(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 356(1)

58 Definitions relating to charities.E+W

(1)In this Part—

(a)“charity” and “trusts”, in relation to a charity, have the same meaning as in the M24Charities Act 1993, and “trustee” means a charitable trustee within the meaning of that Act; and

(b)registered charity” means a charity which is registered [F116in accordance with section 3A] of that Act F117....

(2)References in this Part to [F118a company] do not include a company which is a registered charity, except where otherwise provided.

Annotations:

Amendments (Textual)

F116Words in s. 58(1)(b) substituted (31.1.2009) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 191(a); S.I. 2008/3267, art. 2, Sch. (with arts. 3-27) (as amended: (29.9.2009) by S.I. 2009/2648, art. 3; (26.7.2010) by S.I. 2010/1942, art. 2; and (1.8.2011) by S.I. 2011/1725, arts. 1(2), 3, Sch. para. 6)

F117Words in s. 58(1)(b) repealed (31.1.2009) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 191(b), Sch. 9; S.I. 2008/3267, art. 2, Sch. (with arts. 3-27) (as amended: (29.9.2009) by S.I. 2009/2648, art. 3; (26.7.2010) by S.I. 2010/1942, art. 2; and (1.8.2011) by S.I. 2011/1725, arts. 1(2), 3, Sch. para. 6)

Marginal Citations

59 Meaning of “officer” of registered social landlord.E+W

(1)References in this Part to an officer of a registered social landlord are—

(a)in the case of a registered charity which is not [F119a company] , to any trustee, secretary or treasurer of the charity;

(b)in the case of an industrial and provident society, to any officer of the society as defined in section 74 of the M25Industrial and Provident Societies Act 1965; and

(c)in the case of [F120a company (including a company that is a registered charity)] , to any director or other officer of the company within the meaning of [F121the Companies Acts (see sections 250 and 1173(1) of the Companies Act 2006)] .

(2)Any such reference includes, in the case of an industrial and provident society, a co-opted member of the committee of the society.

60 Meaning of “subsidiary”.E+W

(1)In this Part “subsidiary”, in relation to a registered social landlord, means a company with respect to which one of the following conditions is fulfilled—

(a)the landlord is a member of the company and controls the composition of the board of directors;

(b)the landlord holds more than half in nominal value of the company’s equity share capital; or

(c)the company is a subsidiary, within the meaning of [F122the Companies Acts (see section 1159 of the Companies Act 2006)] or the M26Friendly and Industrial and Provident Societies Act 1968, of another company which, by virtue of paragraph (a) or paragraph (b), is itself a subsidiary of the landlord.

(2)For the purposes of subsection (1)(a), the composition of a company’s board of directors shall be deemed to be controlled by a registered social landlord if, but only if, the landlord, by the exercise of some power exercisable by him without the consent or concurrence of any other person, can appoint or remove the holders of all or a majority of the directorships.

(3)In relation to a company which is an industrial and provident society—

(a)any reference in this section to the board of directors is a reference to the committee of management of the society; and

(b)the reference in subsection (2) to the holders of all or a majority of the directorships is a reference—

(i)to all or a majority of the members of the committee, or

(ii)if the landlord is himself a member of the committee, such number as together with him would constitute a majority.

(4)In the case of a registered social landlord which is a body of trustees, references in this section to the landlord are to the trustees acting as such.

Annotations:

Amendments (Textual)

Marginal Citations

61 Meaning of “associate”.E+W

(1)In this Part “associate”, in relation to a registered social landlord, means—

(a)any body of which the landlord is a subsidiary, and

(b)any other subsidiary of such a body.

(2)In this section “subsidiary” has the same meaning as in [F123the Companies Acts (see section 1159 of the Companies Act 2006)] or the M27Friendly and Industrial and Provident Societies Act 1968 or, in the case of a body which is itself a registered social landlord, has the meaning given by section 60.

62 Members of a person’s family: Part I.E+W

(1)A person is a member of another’s family within the meaning of this Part if—

(a)he is the spouse [F124 or civil partner ] of that person, or he and that person live together as husband and wife, or

(b)he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2)For the purpose of subsection (1)(b)—

(a)a relationship by marriage [F125 or civil partnership ] shall be treated as a relationship by blood,

(b)a relationship of the half-blood shall be treated as a relationship of the whole blood, and

(c)the stepchild of a person shall be treated as his child.

Annotations:

Amendments (Textual)

63 Minor definitions: Part I.E+W

(1)In this Part—

(2)References in this Part to the provision of a dwelling or house include the provision of a dwelling or house—

(a)by erecting the dwelling or house, or converting a building into dwellings or a house, or

(b)by altering, enlarging, repairing or improving an existing dwelling or house;

and references to a dwelling or house provided by means of a grant or other financial assistance are to its being so provided directly or indirectly.

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

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

appointed person (in relation to inquiry into affairs of registered social landlord)paragraph 20 of Schedule 1
F128. . .F128. . .
associate (in relation to a registered social landlord)section 61(1)
assured tenancysection 230
assured agricultural occupancysection 230
assured shorthold tenancysection 230
charitysection 58(1)(a)
committee member (in relation to an industrial and provident society)section 57(2)
[F129company section 63 (and see section 58(2))]
F130. . .F130. . .
co-operative housing associationsection 63
co-opted member (of committee of industrial and provident society)section 57(1)
F131. . .F131. . .
disposal proceeds fundsection 24
dwellingsection 63
enactmentsection 230
fully mutual housing associationsection 63
hostelsection 63
housesection 63
housing accommodationsection 63
housing activitiessection 63
housing associationsection 230
industrial and provident societysection 2(1)(b)
informationsection 63
leasesection 229
local authoritysection 63
long tenancysection 63
member of familysection 62
modificationssection 63
noticesection 63
officer of registered social landlordsection 59
provision (in relation to dwelling or house)section 63(2)
public sector landlordsection 63
register, registered and registration (in relation to social landlords)section 1
registered charitysection 58(1)(b)
registrar of companiessection 63
[F132the Relevant Authority][section 56]
relevant disposal which is not an exempted disposal (in sections 11 to 14)section 15
secure tenancysection 230
social housing grantsection 18(1)
statutory tenancysection 63
subsidiary (in relation to a registered social landlord)section 60(1)
trustee and trusts (in relation to a charity)section 58(1)(a)
Annotations:

Amendments (Textual)

F128S. 64: Entry relating to “appropriate registrar” in the Table repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 356(2)

F132Entry in s. 64 inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 95(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

Part IIE+W Houses in multiple occupation

Registration schemesE+W

F13365 Making and approval of registration schemes.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Commencement Information

I17S. 65 wholly in force 3.3.1997: s. 65 not in force at Royal Assent, see s. 232(1)-(3); s. 65 in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4, and in force at 3.3.1997 so far as not already in force, by S.I. 1997/350, art. 2

F13366 Registration schemes: control provisions.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Commencement Information

I18S. 66 wholly in force 3.3.1997: s. 66 not in force at Royal Assent, see s. 232(1)-(3); s. 66 in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4, and in force at 3.3.1997 so far as not already brought into force, by S.I. 1997/350, art. 2

F13367 Registration schemes: special control provisions.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F13368 Offences in connection with registration schemes.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F13369 Information requirements in connection with registration schemes.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F13370 Existing registration schemes.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Other amendments of Part XI of the Housing Act 1985E+W

F13371 Restriction on notices requiring execution of works.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F13372 Recovery of expenses of notice requiring execution of works.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Commencement Information

I19S. 72 wholly in force 3.3.1997: s. 72 not in force at Royal Assent, see s. 232(1)-(3); s. 72 in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4, and in force at 3.3.1997 so far as not already brought into force, by S.I. 1997/350, art. 2

Prospective

F13373 Duty to keep premises fit for number of occupants.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F13374 Section 354 direction to be local land charge.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F13375 Means of escape from fire.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Commencement Information

I20S. 75 wholly in force 3.3.1997: s. 75 not in force at Royal Assent, see s. 232(1)-(3); s. 75 in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4, and in force at 3.3.1997 so far as not already brought into force, by S.I. 1997/350, art. 2

F13376 Works notices: improvement of enforcement procedures.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F13377 Codes of practice.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F13378 Increase of fines, &c.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F13379 Minor amendments.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Common lodging housesE+W

80 Repeal of Part XII of the Housing Act 1985.E+W

(1)Part XII of the Housing Act 1985 (common lodging houses) is hereby repealed.

(2)In consequence of the above repeal—

(a)in section 619(2) of the Housing Act 1985, for “The other provisions of this Act” substitute “ The provisions of Parts I to XI and XIII to XVIII of this Act ”; and

(b)in section 65(2)(a) of the M31Housing Act 1988, for “XII” substitute “ XI ”.

(3)The Secretary of State may by order make such consequential amendments or repeals in any local Act as he considers necessary or expedient.

Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

Commencement Information

I21S. 80 wholly in force 3.3.1997: s. 80 not in force at Royal Assent, see s. 232(1)-(3); S. 80(3) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 80 in force at 3.3.1997 so far as not already brought into force, by S.I. 1997/350, art. 2

Marginal Citations

Part IIIE+W+S+N.I. Landlord and Tenant

Chapter IE+W+S+N.I. TENANTS’ RIGHTS

ForfeitureE+W+S+N.I.

81 Restriction on termination of tenancy for failure to pay service charge.E+W

(1)A landlord may not, in relation to premises let as a dwelling, exercise a right of re-entry or forfeiture for failure [F134by a tenant to pay a service charge or administration charge unless— ]

[F134(a) it is finally determined by (or on appeal from) a leasehold valuation tribunal or by a court, or by an arbitral tribunal in proceedings pursuant to a post-dispute arbitration agreement, that the amount of the service charge or administration charge is payable by him, or]

[F134(b) the tenant has admitted that it is so payable.]

[F135(2)The landlord may not exercise a right of re-entry or forfeiture by virtue of subsection (1)(a) until after the end of the period of 14 days beginning with the day after that on which the final determination is made.]

[F136(3)For the purposes of this section it is finally determined that the amount of a service charge or administration charge is payable—

(a)if a decision that it is payable is not appealed against or otherwise challenged, at the end of the time for bringing an appeal or other challenge, or

(b)if such a decision is appealed against or otherwise challenged and not set aside in consequence of the appeal or other challenge, at the time specified in subsection (3A).

(3A)The time referred to in subsection (3)(b) is the time when the appeal or other challenge is disposed of—

(a)by the determination of the appeal or other challenge and the expiry of the time for bringing a subsequent appeal (if any), or

(b)by its being abandoned or otherwise ceasing to have effect.]

(4)The reference in subsection (1) to premises let as a dwelling does not include premises let on—

(a)a tenancy to which Part II of the M32Landlord and Tenant Act 1954 applies (business tenancies),

(b)a tenancy of an agricultural holding within the meaning of the M33Agricultural Holdings Act 1986 in relation to which that Act applies, or

(c)a farm business tenancy within the meaning of the M34Agricultural Tenancies Act 1995.

[F137(4A)References in this section to the exercise of a right of re-entry or forfeiture include the service of a notice under section 146(1) of the Law of Property Act 1925 (restriction on re-entry or forfeiture).]

(5)In this section

[F138(a)administration charge” has the meaning given by Part 1 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002,

(b)arbitration agreement” and “arbitral tribunal” have the same meaning as in Part 1 of the Arbitration Act 1996 (c. 23) and “post-dispute arbitration agreement”, in relation to any matter, means an arbitration agreement made after a dispute about the matter has arisen,

(c)dwelling” has the same meaning as in the Landlord and Tenant Act 1985 (c. 70), and

(d)]

service charge” means a service charge within the meaning of section 18(1) of the M35Landlord and Tenant Act 1985, other than one excluded from that section by section 27 of that Act (rent of dwelling registered and not entered as variable).

[F139(5A)Any order of a court to give effect to a determination of a leasehold valuation tribunal shall be treated as a determination by the court for the purposes of this section.]

(6)Nothing in this section affects the exercise of a right of re-entry or forfeiture on other grounds.

Annotations:

Amendments (Textual)

F134Words in s. 81(1) substituted (28.2.2005 for E., 31.5.2005 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 170(2), 181(1); S.I. 2004/3056, art. 3(f) (with art. 4(3)); S.I. 2005/1353, art. 2(f) (with art. 3(4))

F135S. 81(2) substituted (28.2.2005 for E., 31.5.2005 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 170(3), 181(1); S.I. 2004/3056, art. 3(f) (with art. 4(3)); S.I. 2005/1353, art. 2(f) (with art. 3(4))

F136S. 81(3)(3A) substituted for s. 81(3) (28.2.2005 for E., 31.5.2005 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 170(4), 181(1); S.I. 2004/3056, art. 3(f) (with art. 4(3)); S.I. 2005/1353, art. 2(f) (with art. 3(4))

F138Words in s. 81(5) inserted (28.2.2005 for E., 31.5.2005 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 170(6), 181(1); S.I. 2004/3056, art. 3(f) (with art. 4(3)); S.I. 2005/1353, art. 2(f) (with art. 3(4))

Modifications etc. (not altering text)

C60S. 81 extended to Crown Land (30.9.2003 for E. for specified purposes, 30.3.2004 for W. for specified purposes, 28.2.2005 for E. for specified purposes, 31.5.2005 for W. for specified purposes) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii) (with Sch. 2); S.I. 2004/669, art. 2(c)(ii) (with Sch. 2); S.I. 2004/3056, art. 3(h) (with art. 4); S.I. 2005/1353, art. 2(h)

Marginal Citations

F14082 Notice under s.146 of the Law of Property Act 1925.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Service chargesE+W

83 Determination of reasonableness of service charges.E+W

F141(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In the Schedule to the Landlord and Tenant Act 1985, for paragraph 8 (right to challenge landlord’s choice of insurers) substitute—

8(1)This paragraph applies where a tenancy of a dwelling requires the tenant to insure the dwelling with an insurer nominated by the landlord.

(2)The tenant or landlord may apply to a county court or leasehold valuation tribunal for a determination whether—

(a)the insurance which is available from the nominated insurer for insuring the tenant’s dwelling is unsatisfactory in any respect, or

(b)the premiums payable in respect of any such insurance are excessive.

(3)No such application may be made in respect of a matter which—

(a)has been agreed or admitted by the tenant,

(b)under an arbitration agreement to which the tenant is a party is to be referred to arbitration, or

(c)has been the subject of determination by a court or arbitral tribunal.

(4)On an application under this paragraph the court or tribunal may make—

(a)an order requiring the landlord to nominate such other insurer as is specified in the order, or

(b)an order requiring him to nominate another insurer who satisfies such requirements in relation to the insurance of the dwelling as are specified in the order.

(5)Any such order of a leasehold valuation tribunal may, with the leave of the court, be enforced in the same way as an order of a county court to the same effect.

(6)An agreement by the tenant of a dwelling (other than an arbitration agreement) is void in so far as it purports to provide for a determination in a particular manner, or on particular evidence, of any question which may be the subject of an application under this paragraph..

F142(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For section 20C of the M36Landlord and Tenant Act 1985 (limitation of service charges: costs of court proceedings) substitute—

20C Limitation of service charges: costs of proceedings.

(1)A tenant may make an application for an order that all or any of the costs incurred, or to be incurred, by the landlord in connection with proceedings before a court or leasehold valuation tribunal, or the Lands Tribunal, or in connection with arbitration proceedings, are not to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the tenant or any other person or persons specified in the application.

(2)The application shall be made—

(a)in the case of court proceedings, to the court before which the proceedings are taking place or, if the application is made after the proceedings are concluded, to a county court;

(b)in the case of proceedings before a leasehold valuation tribunal, to the tribunal before which the proceedings are taking place or, if the application is made after the proceedings are concluded, to any leasehold valuation tribunal;

(c)in the case of proceedings before the Lands Tribunal, to the tribunal;

(d)in the case of arbitration proceedings, to the arbitral tribunal or, if the application is made after the proceedings are concluded, to a county court.

(3)The court or tribunal to which the application is made may make such order on the application as it considers just and equitable in the circumstances..

(5)In section 38 of the M37Landlord and Tenant Act 1985 (minor definitions), at the appropriate place insert—

“arbitration agreement”, “arbitration proceedings” and “arbitral tribunal” have the same meaning as in Part I of the M38Arbitration Act 1996;.

(6)In section 39 of that Act (index of defined expressions), at the appropriate place insert—

arbitration agreement, arbitration proceedings and arbitral tribunalsection 38
Annotations:

Amendments (Textual)

Commencement Information

I22S. 83 wholly in force 11.8.1998; s. 83 not in force at Royal Assent see s. 232(1)-(3); s. 83(3) in force for certain purposes at 23.8.1996 by S.I. 1996/2212, art. 2(1); s. 83 in force at 1.9.1997 to the extent not already in force by S.I. 1997/1851, art. 2 (subject to the saving in Sch. para. 1); s. 83 in force at 11.8.1998 to the extent that it does not, because of Sch. para. 1, already have effect by S.I. 1998/1768, art. 2 (subject to art. 3).

Marginal Citations

84 Right to appoint surveyor to advise on matters relating to service charges.E+W

(1)A recognised tenants’ association may appoint a surveyor for the purposes of this section to advise on any matters relating to, or which may give rise to, service charges payable to a landlord by one or more members of the association.

The provisions of Schedule 4 have effect for conferring on a surveyor so appointed rights of access to documents and premises.

(2)A person shall not be so appointed unless he is a qualified surveyor.

For this purpose “qualified surveyor” has the same meaning as in section 78(4)(a) of the M39Leasehold Reform, Housing and Urban Development Act 1993 (persons qualified for appointment to carry out management audit).

(3)The appointment shall take effect for the purposes of this section upon notice in writing being given to the landlord by the association stating the name and address of the surveyor, the duration of his appointment and the matters in respect of which he is appointed.

(4)An appointment shall cease to have effect for the purposes of this section if the association gives notice in writing to the landlord to that effect or if the association ceases to exist.

(5)A notice is duly given under this section to a landlord of any tenants if it is given to a person who receives on behalf of the landlord the rent payable by those tenants; and a person to whom such a notice is so given shall forward it as soon as may be to the landlord.

(6)In this section—

Annotations:

Modifications etc. (not altering text)

C61S. 84 modified (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 7 para. 15(1); S.I. 2003/1986, art. 2(a); S.I. 2004/669, art. 2(a)

C62S. 84 extended to Crown Land (30.9.2003 for E. for specified purposes, 30.3.2004 for W. for specified purposes) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii) (with Sch. 2); S.I. 2004/669, art. 2(c)(ii) (with Sch. 2)

C63S. 84(5) applied (with modifications) (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 7 para. 15(2); S.I. 2003/1986, art. 2(a); S.I. 2004/669, art. 2(a)

Marginal Citations

Appointment of managerE+W

85 Appointment of manager by the court.E+W

(1)Section 24 of the M41Landlord and Tenant Act 1987 (appointment of manager by the court) is amended as follows.

(2)In subsection (2) (circumstances in which order may be made), in paragraph (a) (breach of obligation by landlord), omit sub-paragraph (ii) (requirement that circumstances likely to continue).

(3)In that subsection, after paragraph (a), and before the word “or” following that paragraph, insert—

(ab)where the court is satisfied—

(i)that unreasonable service charges have been made, or are proposed or likely to be made, and

(ii)that it is just and convenient to make the order in all the circumstances of the case;

(ac)where the court is satisfied—

(i)that the landlord has failed to comply with any relevant provision of a code of practice approved by the Secretary of State under section 87 of the M42Leasehold Reform, Housing and Urban Development Act 1993 (codes of management practice), and

(ii)that it is just and convenient to make the order in all the circumstances of the case;.

(4)After that subsection insert—

(2A)For the purposes of subsection (2)(ab) a service charge shall be taken to be unreasonable—

(a)if the amount is unreasonable having regard to the items for which it is payable,

(b)if the items for which it is payable are of an unnecessarily high standard, or

(c)if the items for which it is payable are of an insufficient standard with the result that additional service charges are or may be incurred.

In that provision and this subsection “service charge” means a service charge within the meaning of section 18(1) of the M43Landlord and Tenant Act 1985, other than one excluded from that section by section 27 of that Act (rent of dwelling registered and not entered as variable)..

(5)The above amendments apply to applications for an order under section 24 of the M44Landlord and Tenant Act 1987 which are made after this section comes into force.

In relation to any such application the reference in the inserted subsection (2)(ab) to service charges which have been made includes services charges made before that date.

(6)After subsection (9) insert—

(9A)The court shall not vary or discharge an order under subsection (9) on a landlord’s application unless it is satisfied—

(a)that the variation or discharge of the order will not result in a recurrence of the circumstances which led to the order being made, and

(b)that it is just and convenient in all the circumstances of the case to vary or discharge the order..

Annotations:

Marginal Citations

86Appointment of manager: transfer of jurisdiction to leasehold valuation tribunal.E+W

(1)Part II of the Landlord and Tenant Act 1987 (appointment of managers by the court) is amended as follows for the purpose of transferring to a leasehold valuation tribunal the jurisdiction of the court under that Part.

(2)In the following contexts for “the court”, in the first (or only) place where it occurs, substitute “a leasehold valuation tribunal”: section 21(1), section 22(2)(b), section 22(3), section 23(1), section 24(1), (2), (9) and (10); and in every other context in those sections, except section 21(6), for “the court” substitute “the tribunal”.

(3)In section 21(6) (exclusion of application under inherent jurisdiction of court) for “any jurisdiction existing apart from this Act” substitute “any jurisdiction”.

F143(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F143(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In section 52 of the M45Landlord and Tenant Act 1987 (jurisdiction of county courts), in subsection (2)(a) for “Parts I to IV” substitute “Parts I, III and IV”.

Annotations:

Amendments (Textual)

F143S. 86(4)(5) repealed (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 14; S.I. 2003/1986, art. 2(c)(iv), Sch. 1 Pt. 1 (with Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 Pt 1 (with Sch. 2)

Commencement Information

I23S. 86 wholly in force 1.9.1997: s. 86 not in force at Royal Assent see s. 232(1)-(3); s. 86(4)(5) in force for certain purposes at 23.8.1996 by S.I. 1996/2212, art. 2(1) and s. 86 in force at 1.9.1997 to the extent not already in force by S.I. 1997/1851, art. 2 (subject to the saving in Sch. para. 2)

Marginal Citations

Prospective

87 Text of Part II of the Landlord and Tenant Act 1987, as amended.E+W

The text of Part II of the Landlord and Tenant Act 1987 as amended by this Act is set out in Schedule 5.

88 Period after which acquisition order may be made.E+W

In Part III of the Landlord and Tenant Act 1987 (compulsory acquisition by tenants of their landlord’s interest), in section 29(3) (conditions for making acquisition orders: period since appointment of manager under Part II) for “three years” substitute “ two years ”.

Annotations:

Modifications etc. (not altering text)

C64S. 88 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 1

Right of first refusalE+W

89 Application of right of first refusal in relation to contracts.E+W

(1)After section 4 of the M46Landlord and Tenant Act 1987 (relevant disposals) insert—

4A Application of provisions to contracts.

(1)The provisions of this Part apply to a contract to create or transfer an estate or interest in land, whether conditional or unconditional and whether or not enforceable by specific performance, as they apply in relation to a disposal consisting of the creation or transfer of such an estate or interest.

As they so apply—

(a)references to a disposal of any description shall be construed as references to a contract to make such a disposal;

(b)references to making a disposal of any description shall be construed as references to entering into a contract to make such a disposal; and

(c)references to the transferee under the disposal shall be construed as references to the other party to the contract and include a reference to any other person to whom an estate or interest is to be granted or transferred in pursuance of the contract.

(2)The provisions of this Part apply to an assignment of rights under such a contract as is mentioned in subsection (1) as they apply in relation to a disposal consisting of the transfer of an estate or interest in land.

As they so apply—

(a)references to a disposal of any description shall be construed as references to an assignment of rights under a contract to make such a disposal;

(b)references to making a disposal of any description shall be construed as references to making an assignment of rights under a contract to make such a disposal;

(c)references to the landlord shall be construed as references to the assignor; and

(d)references to the transferee under the disposal shall be construed as references to the assignee of such rights.

(3)The provisions of this Part apply to a contract to make such an assignment as is mentioned in subsection (2) as they apply (in accordance with subsection (1)) to a contract to create or transfer an estate or interest in land.

(4)Nothing in this section affects the operation of the provisions of this Part relating to options or rights of pre-emption..

(2)In section 4(2) of the Landlord and Tenant Act 1987 (relevant disposals: excluded disposals), for paragraph (i) (certain disposals in pursuance of existing obligations) substitute—

(i)a disposal in pursuance of a contract, option or right of pre-emption binding on the landlord (except as provided by section 8D (application of sections 11 to 17 to disposal in pursuance of option or right of pre-emption));.

(3)In section 20(1) (interpretation), in the definition of “disposal” for “has the meaning given by section 4(3)” substitute “ shall be construed in accordance with section 4(3) and section 4A (application of provisions to contracts) ”.

Annotations:

Modifications etc. (not altering text)

C65S. 89 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 2

Marginal Citations

90 Notice required to be given by landlord making disposal.E+W

(1)In section 4(2) of the M47Landlord and Tenant Act 1987 (disposals which are not relevant disposals for the purposes of Part I of that Act), for paragraph (l) substitute—

(l)a disposal by a body corporate to a company which has been an associated company of that body for at least two years..

(2)The above amendment does not apply to a disposal made in pursuance of an obligation entered into before the commencement of this section.

Annotations:

Modifications etc. (not altering text)

C66S. 90 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 2

Marginal Citations

91 Offence of failure to comply with requirements of Part I.E+W

(1)After section 10 of the Landlord and Tenant Act 1987 insert—

10A Offence of failure to comply with requirements of Part I.

(1)A landlord commits an offence if, without reasonable excuse, he makes a relevant disposal affecting premises to which this Part applies—

(a)without having first complied with the requirements of section 5 as regards the service of notices on the qualifying tenants of flats contained in the premises, or

(b)in contravention of any prohibition or restriction imposed by sections 6 to 10.

(2)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)Where an offence under this section committed by a body corporate is proved—

(a)to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in such a capacity, or

(b)to be due to any neglect on the part of such an officer or person,

he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

Where the affairs of a body corporate are managed by its members, the above provision applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(4)Proceedings for an offence under this section may be brought by a local housing authority (within the meaning of section 1 of the M48Housing Act 1985).

(5)Nothing in this section affects the validity of the disposal..

(2)The above amendment does not apply to a disposal made in pursuance of an obligation entered into before the commencement of this section.

Annotations:

Modifications etc. (not altering text)

C67S. 91 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 2

Marginal Citations

92 Procedure for exercise of rights of first refusal.E+W

(1)Part I of the M49Landlord and Tenant Act 1987 (tenants’ rights of first refusal) is amended in accordance with Schedule 6.

(2)The amendments restate the principal provisions of that Part so as to—

(a)simplify the procedures for the exercise of the rights conferred on tenants, and

(b)apply those procedures in relation to contracts and certain special cases.

(3)In Schedule 6—

Annotations:

Modifications etc. (not altering text)

C68S. 92 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 2

Commencement Information

I24S. 92 wholly in force 1.10.1996; s. 92 not in force at Royal Assent see s. 232(1)-(3); s. 92 in force for certain purposes at 23.8.1996 and in force at 1.10.1996 so far as not already in force by S.I. 1996/2212, art. 2

Marginal Citations

93 Duty of new landlord to inform tenant of rights.E+W

(1)In the M50Landlord and Tenant Act 1985, after section 3 (duty to inform tenant of assignment of landlord’s interest) insert—

3A Duty to inform tenant of possible right to acquire landlord’s interest.

(1)Where a new landlord is required by section 3(1) to give notice to a tenant of an assignment to him, then if—

(a)the tenant is a qualifying tenant within the meaning of Part I of the Landlord and Tenant Act 1987 (tenants’ rights of first refusal), and

(b)the assignment was a relevant disposal within the meaning of that Part affecting premises to which at the time of the disposal that Part applied,

the landlord shall give also notice in writing to the tenant to the following effect.

(2)The notice shall state—

(a)that the disposal to the landlord was one to which Part I of the Landlord and Tenant Act 1987 applied;

(b)that the tenant (together with other qualifying tenants) may have the right under that Part—

(i)to obtain information about the disposal, and

(ii)to acquire the landlord’s interest in the whole or part of the premises in which the tenant’s flat is situated; and

(c)the time within which any such right must be exercised, and the fact that the time would run from the date of receipt of notice under this section by the requisite majority of qualifying tenants (within the meaning of that Part).

(3)A person who is required to give notice under this section and who fails, without reasonable excuse, to do so within the time allowed for giving notice under section 3(1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale..

(2)In section 32(1) of the M51Landlord and Tenant Act 1985 (provisions not applying to tenancies within Part II of the M52Landlord and Tenant Act 1954), for “sections 1 to 3” substitute “ sections 1 to 3A ”.

Annotations:

Modifications etc. (not altering text)

C69S. 93 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 2

Marginal Citations

General [F144advice etc.] E+W

Annotations:

Amendments (Textual)

F144Words in s. 94 cross-heading substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 312(2), 325(2)(a)

94 Provision of general [F144advice etc.] about residential tenancies.E+W

(1)The Secretary of State may give financial assistance to any person in relation to the provision by that person of [F145information, training or] general advice about[F146, or a dispute resolution service in connection with]

(a)any aspect of the law of landlord and tenant, so far as relating to residential tenancies,

[F147(aa)any other matter relating to residential tenancies,]

(b)[F148any matter relating to] Chapter IV of Part I of the M53Leasehold Reform, Housing and Urban Development Act 1993 (estate management schemes in connection with enfranchisement).

(2)Financial assistance under this section may be given in such form and on such terms as the Secretary of State considers appropriate.

(3)The terms on which financial assistance under this section may be given may, in particular, include provision as to the circumstances in which the assistance must be repaid or otherwise made good to the Secretary of State and the manner in which that is to be done.

Annotations:

Amendments (Textual)

F145Words in s. 94(1) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 312(1)(a), 325(2)(a)

F146Words in s. 94(1) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 312(1)(b), 325(2)(a)

F148Words in s. 94(1)(b) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 312(1)(d), 325(2)(a)

Marginal Citations

SupplementaryE+W

95 Jurisdiction of county courts.E+W

(1)Any jurisdiction expressed by a provision to which this section applies to be conferred on the court shall be exercised by a county court.

(2)There shall also be brought in a county court any proceedings for determining any question arising under or by virtue of any provision to which this section applies.

(3)Where, however, other proceedings are properly brought in the High Court, that court has jurisdiction to hear and determine proceedings to which subsection (1) or (2) applies which are joined with those proceedings.

(4)Where proceedings are brought in a county court by virtue of subsection (1) or (2), that court has jurisdiction to hear and determine other proceedings joined with those proceedings despite the fact that they would otherwise be outside its jurisdiction.

(5)The provisions to which this section applies are—

(a)section 81 (restriction on termination of tenancy for failure to pay service charge), and

(b)section 84 (right to appoint surveyor to advise on matters relating to service charges) and Schedule 4 (rights exercisable by surveyor appointed by tenants’ association).

Chapter IIE+W Assured tenancies

Assured shorthold tenanciesE+W

96 Tenancies which are assured shorthold tenancies.E+W

(1)In Chapter II of Part I of the M54Housing Act 1988 (assured shorthold tenancies) there shall be inserted at the beginning—

19A Assured shorthold tenancies: post-Housing Act 1996 tenancies.

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..

(2)After Schedule 2 to that Act there shall be inserted the Schedule set out in Schedule 7 to this Act.

Annotations:

Commencement Information

I25S. 96 wholly in force 28.2.1997; s. 96 not in force at Royal Assent see s. 232(1)-(3); s. 96 in force for certain purposes at 23.8.1996 by S.I. 1996/2212, art. 2(1) and in force at 28.2.1997 to the extent it is not already in force by S.I. 1997/225, art. 2

Marginal Citations

97 Duty of landlord to provide statement of terms of assured shorthold tenancy.E+W

After section 20 of the Housing Act 1988 there shall be inserted—

20A Post-Housing Act 1996 tenancies: duty of landlord to provide statement as to terms of tenancy.

(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.

98 Form of notices under s. 21 of the Housing Act 1988.E+W

(1)Section 21 of the M55Housing Act 1988 (recovery of possession on expiry or termination of assured shorthold tenancy) shall be amended as follows.

(2)In subsection (1)(b) (which requires the landlord under a fixed term tenancy to give two months’ notice to recover possession), after “notice” there shall be inserted “ in writing ”.

(3)In subsection (4)(a) (corresponding provision for periodic tenancies), after “notice”, where it first occurs, there shall be inserted “ in writing ”.

Annotations:

Commencement Information

I26S. 98 wholly in force at 28.2.1997 by S.I. 1997/225, art. 2 (subject to savings in the Sch. to that S.I.)

Marginal Citations

99 Restriction on recovery of possession on expiry or termination.E+W

In section 21 of the Housing Act 1988 there shall be inserted at the end—

(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.

(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..

100 Applications for determination of rent: time limit.E+W

(1)Section 22 of the M56Housing Act 1988 (reference of excessive rents to rent assessment committee) shall be amended as follows.

(2)In subsection (2) (circumstances in which no application under the section may be made) after paragraph (a) there shall be inserted—

(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.

(3)At the end there shall be inserted—

(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..

Annotations:

Marginal Citations

Grounds for possessionE+W

101 Mandatory possession for non-payment of rent: reduction in arrears required.E+W

In Part I of Schedule 2 to the Housing Act 1988 (grounds on which court must order possession) in Ground 8 (rent unpaid for certain periods)—

(a)in paragraph (a) (rent payable weekly or fortnightly) for “thirteen weeks”’ there shall be substituted “ eight weeks ”’, and

(b)in paragraph (b) (rent payable monthly) for “three months”’ there shall be substituted “ two months ”’.

Annotations:

Commencement Information

I27S. 101 wholly in force at 28.2.1997 by S.I. 1997/225, art. 2 (subject to savings in the Sch. to that S.I.)

102 Recovery of possession where grant induced by false statement.E+W

In Part II of Schedule 2 to the Housing Act 1988 (grounds on which court may order possession) there shall be inserted at the end—

Ground 17

The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—

(a)the tenant, or

(b)a person acting at the tenant’s instigation.

Annotations:

Commencement Information

I28S. 102 wholly in force at 28.2.1997 by S.I. 1997/225, art. 2 (subject to savings in the Sch. to that S.I.)

Assured agricultural occupanciesE+W

103 Assured agricultural occupancies: exclusion of tenancies of agricultural holdings and farm business tenancies.E+W

(1)Section 24 of the M57Housing Act 1988 (assured agricultural occupancies) shall be amended as follows.

(2)In subsection (2)(b) (under which a tenancy is an assured agricultural occupancy if it would be an assured tenancy, but for paragraph 7 of Schedule 1 to that Act) there shall be inserted at the end “ and is not an excepted tenancy ”.

(3)After subsection (2) there shall be inserted—

(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 M58Agricultural Holdings Act 1986 in relation to which that Act applies, or

(b)a farm business tenancy within the meaning of the M59Agricultural Tenancies Act 1995..

Annotations:

Marginal Citations

Consequential amendmentsE+W

104 Consequential amendments: assured tenancies.E+W

The enactments mentioned in Schedule 8 have effect with the amendments specified there which are consequential on the provisions of this Chapter.

Chapter IIIE+W+S+N.I. Leasehold Reform

Scope of rightsE+W

105 Low rent test: nil rateable values.E+W

(1)In section 4(1) of the M60Leasehold Reform Act 1967 (meaning of “low rent”) —

(a)in paragraph (i) (cases where rent limit of two-thirds of rateable value on later of appropriate day and first day of term applies), for the words from “or (where” to “that date” there shall be substituted “ , or on or after 1st April 1990 in pursuance of a contract made before that date, and the property had a rateable value other than nil at the date of the commencement of the tenancy or else at any time before 1st April 1990, ”,

(b)in paragraph (ii) (other cases), for the words from “is entered” to “1990),” there shall be substituted “ does not fall within paragraph (i) above, ”, and

(c)in paragraph (a) (definition of “appropriate day” by reference to section 25(3) of the M61Rent Act 1977), there shall be inserted at the end “ if the reference in paragraph (a) of that provision to a rateable value were to a rateable value other than nil ”.

(2)In section 4A of the M62Leasehold Reform Act 1967 (alternative rent limits for the purposes of section 1A(2) of that Act)—

(a)in subsection (1)(b) (cases where rent limit of two-thirds of rateable value on the relevant date applies), for sub-paragraph (ii) there shall be substituted—

(ii)the property had a rateable value other than nil at the date of commencement of the tenancy or else at any time before 1st April 1990,, and

(b)in subsection (2), for paragraph (b) there shall be substituted—

(b)the relevant date” means the date of the commencement of the tenancy or, if the property did not have a rateable value, or had a rateable value of nil, on that date, the date on which it first had a rateable value other than nil;.

F149(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F149S. 105(3) repealed (26.7.2002 for E. and 1.1.2003 for W.) by 2002 c. 15, s. 180, Sch. 14; S.I. 2002/1912, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to the transitional provisions and savings in Sch. 2); S.I. 2002/3012, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to the transitional provisions and savings in Sch. 2)

Modifications etc. (not altering text)

C70S. 105(1)(2) restricted (22.8.1996) by S.I. 1996/2212, art. 2(2), Sch. para. 3

Marginal Citations

106 Low rent test: extension of rights.E+W

Schedule 9 (which makes provision for conferring an additional right to enfranchisement in relation to tenancies which fail the low rent test and for introducing an alternative to the low rent test in the case of the right to collective enfranchisement and the right to a new lease) shall have effect.

Annotations:

Modifications etc. (not altering text)

C71S. 106 restricted (5.3.1997) by S.I. 1997/618, art. 2, Sch. para. 2

Commencement Information

I29S. 106 wholly in force 1.4.1997; s. 106 not in force at Royal Assent see s. 232(1)-(3); s. 106 in force for certain purposes at 23.8.1996 by S.I. 1996/2212, art. 2(1) and in force at 1.4.1997 to the extent not already in force by S.I. 1997/618, art. 2 (subject to the limitation in (2) of that art.)

107 Collective enfranchisement: multiple freeholders.E+W

(1)In section 3 of the Leasehold Reform, Housing and Urban Development Act 1993 (premises in respect of which the right to collective enfranchisement is exercisable), in subsection (1)(a), the words “and the freehold of the whole of the building or of that part of the building is owned by the same person” shall be omitted.

(2)In section 4 of that Act (premises excluded from the right to collective enfranchisement), after subsection (3) there shall be inserted—

(3A)Where different persons own the freehold of different parts of premises within subsection (1) of section 3, this Chapter does not apply to the premises if any of those parts is a self-contained part of a building for the purposes of that section..

(3)In section 1(3) of that Act (additional property which may be acquired by tenants exercising the right to collective enfranchisement), the words “the freehold of it is owned by the person who owns the freehold of the relevant premises and” shall be omitted.

(4)Schedule 10 (amendments consequential on this section) shall have effect.

Annotations:

Modifications etc. (not altering text)

C72S. 107 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para 4.

ValuationE+W

108 Collective enfranchisement: removal of need for professional valuation of interests to be acquired.E+W

In section 13 of the M63Leasehold Reform, Housing and Urban Development Act 1993 (notice by qualifying tenants of claim to exercise right to collective enfranchisement) subsection (6) (tenants to obtain professional valuation of interests proposed to be acquired before giving notice) shall cease to have effect.

Annotations:

Modifications etc. (not altering text)

C73S. 108 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para 4.

Marginal Citations

109 Collective enfranchisement: valuation principles.E+W

(1)Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993 (purchase price payable by nominee purchaser) shall be amended as follows.

(2)In paragraph 3(1) (freeholder’s interest to be valued on the basis that neither the nominee purchaser nor any participating tenant is in the market) for “neither the nominee purchaser nor any participating tenant” there shall be substituted “ no person who falls within sub-paragraph (1A) ”.

(3)After paragraph 3(1) there shall be inserted—

(1A)A person falls within this sub-paragraph if he is—

(a)the nominee purchaser, or

(b)a tenant of premises contained in the specified premises, or

(c)an owner of an interest which the nominee purchaser is to acquire in pursuance of section 2(1)(b)..

(4)In paragraph 7 (value of intermediate leasehold interests) after sub-paragraph (1) there shall be inserted—

(1A)In its application in accordance with sub-paragraph (1), paragraph 3(1A) shall have effect with the addition after paragraph (a) of—

“(aa)an owner of a freehold interest in the specified premises, or”.

(5)In paragraph 11 (value of other interests) after sub-paragraph (3) there shall be inserted—

(4)In its application in accordance with sub-paragraph (2) above, paragraph 3(1A) shall have effect with the addition after paragraph (a) of—

“(aa)an owner of a freehold interest in the specified premises, or”.

Annotations:

Modifications etc. (not altering text)

C74S. 109 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para 4.

110 New leases: valuation principles.E+W

(1)Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 (premium and other amounts payable by tenant on grant of new lease) shall be amended as mentioned in subsections (2) to (4) below.

(2)In paragraph 3(2) (landlord’s interest to be valued on the basis that the tenant is not buying or seeking to buy) for “the tenant not” there shall be substituted “ neither the tenant nor any owner of an intermediate leasehold interest ”.

(3)In paragraph 4(3) (calculation of marriage value) for paragraph (a) (value of tenant’s interest) there shall be substituted—

(a)the value of the interest of the tenant under his existing lease shall be determined in accordance with paragraph 4A;

(aa)the value of the interest to be held by the tenant under the new lease shall be determined in accordance with paragraph 4B;, and, in paragraph (b), for “that sub-paragraph” there shall be substituted “ sub-paragraph (2) ”.

(4)After paragraph 4 there shall be inserted—

4A(1)Subject to the provisions of this paragraph, the value of the interest of the tenant under the existing lease is the amount which at the valuation date that interest might be expected to realise if sold on the open market by a willing seller (with neither the landlord nor any owner of an intermediate leasehold interest buying or seeking to buy) on the following assumptions—

(a)on the assumption that the vendor is selling such interest as is held by the tenant subject to any interest inferior to the interest of the tenant;

(b)on the assumption that Chapter I and this Chapter confer no right to acquire any interest in any premises containing the tenant’s flat or to acquire any new lease;

(c)on the assumption that any increase in the value of the flat which is attributable to an improvement carried out at his own expense by the tenant or by any predecessor in title is to be disregarded; and

(d)on the assumption that (subject to paragraph (b)) the vendor is selling with and subject to the rights and burdens with and subject to which any interest inferior to the existing lease of the tenant has effect.

(2)It is hereby declared that the fact that sub-paragraph (1) requires assumptions to be made in relation to particular matters does not preclude the making of assumptions as to other matters where those assumptions are appropriate for determining the amount which at the valuation date the interest of the tenant under his existing lease might be expected to realise if sold as mentioned in that sub-paragraph.

(3)In determining any such amount there shall be made such deduction (if any) in respect of any defect in title as on a sale of that interest on the open market might be expected to be allowed between a willing seller and a willing buyer.

(4)Subject to sub-paragraph (5), the value of the interest of the tenant under his existing lease shall not be increased by reason of—

(a)any transaction which—

(i)is entered into after 19th January 1996, and

(ii)involves the creation or transfer of an interest inferior to the tenant’s existing lease; or

(b)any alteration after that date of the terms on which any such inferior interest is held.

(5)Sub-paragraph (4) shall not apply to any transaction which falls within paragraph (a) of that sub-paragraph if—

(a)the transaction is entered into in pursuance of a contract entered into on or before the date mentioned in that paragraph; and

(b)the amount of the premium payable by the tenant in respect of the grant of the new lease was determined on or before that date either by agreement or by a leasehold valuation tribunal under this Chapter.

4B(1)Subject to the provisions of this paragraph, the value of the interest to be held by the tenant under the new lease is the amount which at the valuation date that interest (assuming it to have been granted to him at that date) might be expected to realise if sold on the open market by a willing seller (with the owner of any interest superior to the interest of the tenant not buying or seeking to buy) on the following assumptions—

(a)on the assumption that the vendor is selling such interest as is to be held by the tenant under the new lease subject to the inferior interests to which the tenant’s existing lease is subject at the valuation date;

(b)on the assumption that Chapter I and this Chapter confer no right to acquire any interest in any premises containing the tenant’s flat or to acquire any new lease;

(c)on the assumption that there is to be disregarded any increase in the value of the flat which would fall to be disregarded under paragraph (c) of sub-paragraph (1) of paragraph 4A in valuing in accordance with that sub-paragraph the interest of the tenant under his existing lease; and

(d)on the assumption that (subject to paragraph (b)) the vendor is selling with and subject to the rights and burdens with and subject to which any interest inferior to the tenant’s existing lease at the valuation date then has effect.

(2)It is hereby declared that the fact that sub-paragraph (1) requires assumptions to be made in relation to particular matters does not preclude the making of assumptions as to other matters where those assumptions are appropriate for determining the amount which at the valuation date the interest to be held by the tenant under the new lease might be expected to realise if sold as mentioned in that sub-paragraph.

(3)In determining any such amount there shall be made such deduction (if any) in respect of any defect in title as on a sale of that interest on the open market might be expected to be allowed between a willing seller and a willing buyer.

(4)Subject to sub-paragraph (5), the value of the interest to be held by the tenant under the new lease shall not be decreased by reason of—

(a)any transaction which—

(i)is entered into after 19th January 1996, and

(ii)involves the creation or transfer of an interest inferior to the tenant’s existing lease; or

(b)any alteration after that date of the terms on which any such inferior interest is held.

(5)Sub-paragraph (4) shall not apply to any transaction which falls within paragraph (a) of that sub-paragraph if—

(a)the transaction is entered into in pursuance of a contract entered into on or before the date mentioned in that paragraph; and

(b)the amount of the premium payable by the tenant in respect of the grant of the new lease was determined on or before that date either by agreement or by a leasehold valuation tribunal under this Chapter..

(5)This section applies in relation to any claim made after 19th January 1996 by the giving of notice under section 42 of the Act of 1993 unless the amount of the premium payable in pursuance of the claim has been determined, either by agreement or by a leasehold valuation tribunal under Chapter II of the Act of 1993, before the day on which this Act is passed.

TrustsE+W

F150111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F150S. 111 repealed (26.7.2002 for E. and 1.1.2003 for W.) by 2002 c. 15, s. 180, Sch. 14; S.I. 2002/1912, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to transitional provisions and savings in Sch. 2); S.I. 2002/3012, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to transitional provisions and savings in Sch. 2)

F151112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:

Amendments (Textual)

F151S. 112 repealed (26.7.2002 for E. and 1.1.2003 for W.) by 2002 c. 15, s. 180, Sch. 14; S.I. 2002/1912, art. 2(b)(ii), Sch. 1 Pt. 2 (subject to transitional provisions and savings in Sch. 2); S.I. 2002/3012, art. 2(b)(ii), Sch. 1 Pt. 2 (subject to transitional provisions and savings in Sch. 2)

113 Powers of trustees.E+W

After section 93 of the Leasehold Reform, Housing and Urban Development Act 1993 there shall be inserted—

93A Powers of trustees in relation to rights under Chapters I and II.

(1)Where trustees are a qualifying tenant of a flat for the purposes of Chapter I or II, their powers under the instrument regulating the trusts shall include power to participate in the exercise of the right to collective enfranchisement under Chapter I or, as the case may be, to exercise the right to a new lease under Chapter II.

(2)Subsection (1) shall not apply where the instrument regulating the trusts—

(a)is made on or after the day on which section 113 of the Housing Act 1996 comes into force, and

(b)contains an explicit direction to the contrary.

(3)The powers conferred by subsection (1) shall be exercisable with the like consent or on the like direction (if any) as may be required for the exercise of the trustees’ powers (or ordinary powers) of investment.

(4)The following purposes, namely—

(a)those authorised for the application of capital money by section 73 of the M64Settled Land Act 1925, or by that section as applied by section 28 of the M65Law of Property Act 1925 in relation to trusts for sale, and

(b)those authorised by section 71 of the Settled Land Act 1925, or by that section as so applied, as purposes for which moneys may be raised by mortgage,

shall include the payment of any expenses incurred by a tenant for life or statutory owners or by trustees for sale, as the case may be, in or in connection with participation in the exercise of the right to collective enfranchisement under Chapter I or in or in connection with the exercise of the right to a new lease under Chapter II..

Annotations:

Modifications etc. (not altering text)

C75S. 113 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para 4.

Marginal Citations

MiscellaneousE+W+S+N.I.

114 Minor amendment of section 1(1)(a) of Leasehold Reform Act 1967.E+W

In section 1 of the M66Leasehold Reform Act 1967 (tenants entitled to enfranchisement or extension), in subsection (1)(a)—

(a)in sub-paragraph (i), for the words from “or (where” to “that date,” there shall be substituted “ , or on or after 1st April 1990 in pursuance of a contract made before that date, and the house and premises had a rateable value at the date of commencement of the tenancy or else at any time before 1st April 1990, ”, and

(b)in sub-paragraph (ii), for the words from “is entered” to “1990),” there shall be substituted “ does not fall within sub-paragraph (i) above, ”.

Annotations:

Modifications etc. (not altering text)

C76S. 114 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 3

Marginal Citations

115 Power for leasehold valuation tribunal to determine amount of costs payable under Leasehold Reform Act 1967.E+W

In section 21(1) of the Leasehold Reform Act 1967 (matters to be determined by leasehold valuation tribunal), after paragraph (b) there shall be inserted—

(ba)the amount of any costs payable under section 9(4) or 14(2);.

Annotations:

Modifications etc. (not altering text)

C77S. 115 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 3

116 Compensation for postponement of termination in connection with ineffective claims.E+W

Schedule 11 (which makes, in relation to claims to enfranchisement or an extended lease under Part I of the Leasehold Reform Act 1967 and claims to collective enfranchisement or a new lease under Chapter I or II of Part I of the M67Leasehold Reform, Housing and Urban Development Act 1993, provision for compensation of the landlord where the claim has prolonged an existing tenancy, but is ineffective) shall have effect.

Annotations:

Marginal Citations

117 Priority of interests on grant of new lease.E+W

After section 58 of the M68Leasehold Reform, Housing and Urban Development Act 1993 there shall be inserted—

58A Priority of interests on grant of new lease.

(1)Where a lease granted under section 56 takes effect subject to two or more interests to which the existing lease was subject immediately before its surrender, the interests shall have the same priority in relation to one another on the grant of the new lease as they had immediately before the surrender of the existing lease.

(2)Subsection (1) is subject to agreement to the contrary.

(3)Where a person who is entitled on the grant of a lease under section 56 to rights of occupation in relation to the flat comprised in that lease was entitled immediately before the surrender of the existing lease to rights of occupation in relation to the flat comprised in that lease, the rights to which he is entitled on the grant of the new lease shall be treated as a continuation of the rights to which he was entitled immediately before the surrender of the existing lease.

(4)In this section—

Annotations:

Marginal Citations

118 Estate management schemes in connection with enfranchisement by virtue of s. 106.E+W+S+N.I.

(1)Chapter IV of Part I of the 1993 Act, except section 75(1), (estate management schemes in connection with enfranchisement by virtue of that Act) shall also have effect subject to the modifications mentioned in subsections (2) to (4) below.

(2)In section 69(1) (definition of estate management schemes), for paragraphs (a) and (b) there shall be substituted—

(a)acquiring the landlord’s interest in their house and premises (“the house”) under Part I of the M70Leasehold Reform Act 1967 by virtue of the provisions of section 1AA of that Act (as inserted by paragraph 1 of Schedule 9 to the Housing Act 1996), or

(b)acquiring the landlord’s interest in any premises (“the premises”) in accordance with Chapter I of this Part of this Act by virtue of the amendments of that Chapter made by paragraph 3 of Schedule 9 to the Housing Act 1996,.

(3)In section 70 (time limit for applications for approval), for “two years beginning with the date of the coming into force of this section” there shall be substituted “ two years beginning with the coming into force of section 118 of the Housing Act 1996 ”.

(4)In section 74 (effect of application for approval on claim to acquire freehold), in subsection (1)—

(a)in paragraph (b), in sub-paragraph (i), the words from “being” to the end shall be omitted, and

(b)after that paragraph there shall be inserted and

(c)in the case of an application for the approval of a scheme as an estate management scheme, the scheme would extend to the house or premises if acquired in pursuance of the notice..

(5)Section 94(6) to (8) of the 1993 Act (estate management schemes relating to Crown land) shall also have effect with the substitution for any reference to a provision of Chapter IV of Part I of that Act of a reference to that provision as it has effect by virtue of subsection (1) above.

(6)In section 33 of the M71National Heritage Act 1983 (general functions of the Historic Buildings and Monuments Commission for England), after subsection (2B) there shall be inserted—

(2C)In subsection (2B), references to provisions of the M72Leasehold Reform, Housing and Urban Development Act 1993 include references to those provisions as they have effect by virtue of section 118(1) of the Housing Act 1996..

(7)In section 72 of the M73Planning (Listed Buildings and Conservation Areas) Act 1990 (general duty as respects conservation area in exercise of planning functions), at the end there shall be inserted—

(3)In subsection (2), references to provisions of the Leasehold Reform, Housing and Urban Development Act 1993 include references to those provisions as they have effect by virtue of section 118(1) of the Housing Act 1996..

(8)In this section, “the 1993 Act” means the Leasehold Reform, Housing and Urban Development Act 1993.

Annotations:

Modifications etc. (not altering text)

C78S. 118 restricted (5.3.1997) by S.I. 1997/618, art.2, Sch. para. 3

Marginal Citations

F152119 Leasehold valuation tribunals: pre-trial review.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F152S. 119 repealed (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 14; S.I. 2003/1986, art. 2(c)(iv), Sch. 1 Pt. 1 (with Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 Pt. 1 (with Sch. 2)

Commencement Information

I30S. 119 partly in force; s. 119 not in force at Royal Assent see s. 232(1)-(3); s. 119 in force for certain purposes at 23.8.1996 by S.I. 1996/2212, art. 2(1)

Part IVE+W+S Housing benefit and related matters

120 Payment of housing benefit to third parties.E+W+S

(1)In section 5 of the M74Social Security Administration Act 1992 (regulations about claims for and payments of benefit), after subsection (5) insert—

(6)As it has effect in relation to housing benefit subsection (1)(p) above authorises provision requiring the making of payments of benefit to another person, on behalf of the beneficiary, in such circumstances as may be prescribed..

(2)The above amendment shall be deemed always to have had effect; and provision corresponding to that made by the amendment shall be deemed to have had effect at all material times in relation to corresponding earlier enactments.

Annotations:

Marginal Citations

121 Administration of housing benefit, &c.E+W+S

Part VIII of the Social Security Administration Act 1992 (arrangements for housing benefit and council tax benefit and related subsidies) is amended in accordance with Schedule 12.

122 Functions of rent officers in connection with housing benefit and rent allowance subsidy.E+W+S

(1)The Secretary of State may by order require rent officers to carry out such functions as may be specified in the order in connection with housing benefit and rent allowance subsidy.

(2)Without prejudice to the generality of subsection (1), an order under this section may contain provision—

(a)enabling a prospective landlord to apply for a determination for the purposes of any application for housing benefit which may be made by a tenant of a dwelling which he proposes to let;

(b)as to the payment of a fee by the landlord for that determination;

(c)requiring the landlord to give a copy of the determination to the appropriate local authority; and

(d)enabling the appropriate local authority to seek a redetermination when a claim for housing benefit or rent allowance subsidy is made.

F153(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In relation to rent allowance subsidy, the Secretary of State may by order under section 140B of the Social Security Administration Act 1992—

(a)provide for any calculation under subsection (2) of that section to be made,

(b)specify any additions and deductions as are referred to in [F154subsection (4) or (5) of that section] , and

(c)exercise his discretion as to what is unreasonable for the purposes of subsection [F155(5)(b)] of that section,

by reference to determinations made by rent officers in exercise of functions conferred on them under this section.

(5)The Secretary of State may by any such [F156order as is mentioned in subsection (4)] require a local authority in any prescribed case—

(a)to apply to a rent officer for a determination to be made in pursuance of the functions conferred on them under this section, and

(b)to do so within such time as may be specified in the order F157....

(6)An order under this section—

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

(b)may make different provision for different cases or classes of case and for different areas; and

(c)may contain such transitional, incidental and supplementary provisions as appear to the Secretary of State to be desirable.

(7)In this section “housing benefit” and “rent allowance subsidy” have the same meaning as in Part VIII of the M75Social Security Administration Act 1992.

Annotations:

Amendments (Textual)

F154Words in s. 122(4)(b) substituted (retrospective to 18.9.2003) by Local Government Act 2003 (c. 26), s. 128(1)(b), Sch. 7 para. 60(1)(a)

F155Word in s. 122(4)(c) substituted (retrospective to 18.9.2003) by Local Government Act 2003 (c. 26), s. 128(1)(b), Sch. 7 para. 60(1)(b)

Marginal Citations

123 Consequential amendments: Part IV.E+W+S

The enactments mentioned in Schedule 13 have effect with the amendments specified there which are consequential on the provisions of this Part.

Part VE+W Conduct of tenants

Chapter IE+W Introductory Tenancies

General provisionsE+W

124 Introductory tenancies.E+W

(1)A local housing authority or a housing action trust may elect to operate an introductory tenancy regime.

(2)When such an election is in force, every periodic tenancy of a dwelling-house entered into or adopted by the authority or trust shall, if it would otherwise be a secure tenancy, be an introductory tenancy, unless immediately before the tenancy was entered into or adopted the tenant or, in the case of joint tenants, one or more of them was—

(a)a secure tenant of the same or another dwelling-house, or

(b)an assured tenant of a registered social landlord (otherwise than under an assured shorthold tenancy) in respect of the same or another dwelling-house.

(3)Subsection (2) does not apply to a tenancy entered into or adopted in pursuance of a contract made before the election was made.

(4)For the purposes of this Chapter a periodic tenancy is adopted by a person if that person becomes the landlord under the tenancy, whether on a disposal or surrender of the interest of the former landlord.

(5)An election under this section may be revoked at any time, without prejudice to the making of a further election.

Annotations:

Modifications etc. (not altering text)

125 Duration of introductory tenancy.E+W

(1)A tenancy remains an introductory tenancy until the end of the trial period, unless one of the events mentioned in subsection (5) occurs before the end of that period.

(2)The “trial period” is the period of one year beginning with—

(a)in the case of a tenancy which was entered into by a local housing authority or housing action trust—

(i)the date on which the tenancy was entered into, or

(ii)if later, the date on which a tenant was first entitled to possession under the tenancy; or

(b)in the case of a tenancy which was adopted by a local housing authority or housing action trust, the date of adoption;

[F158 but this is subject to subsections (3) and (4) and to section 125A (extension of trial period by 6 months). ] .

(3)Where the tenant under an introductory tenancy was formerly a tenant under another introductory tenancy, or held an assured shorthold tenancy from a registered social landlord, any period or periods during which he was such a tenant shall count towards the trial period, provided—

(a)if there was one such period, it ended immediately before the date specified in subsection (2), and

(b)if there was more than one such period, the most recent period ended immediately before that date and each period succeeded the other without interruption.

(4)Where there are joint tenants under an introductory tenancy, the reference in subsection (3) to the tenant shall be construed as referring to the joint tenant in whose case the application of that subsection produces the earliest starting date for the trial period.

(5)A tenancy ceases to be an introductory tenancy if, before the end of the trial period—

(a)the circumstances are such that the tenancy would not otherwise be a secure tenancy,

(b)a person or body other than a local housing authority or housing action trust becomes the landlord under the tenancy,

(c)the election in force when the tenancy was entered into or adopted is revoked, or

(d)the tenancy ceases to be an introductory tenancy by virtue of section 133(3) (succession).

(6)A tenancy does not come to an end merely because it ceases to be an introductory tenancy, but a tenancy which has once ceased to be an introductory tenancy cannot subsequently become an introductory tenancy.

(7)This section has effect subject to section 130 (effect of beginning proceedings for possession).

Annotations:

Amendments (Textual)

F158Words in s. 125(2) substituted (6.6.2005 for E., 25.11.2005 for W.) by Housing Act 2004 (c. 34), ss. 179(2), 270(4), (5)(c) (with s. 179(4)); S.I. 2005/1451, art. 2(a); S.I. 2005/3237, arts. 1(2), 2(f)

[F159125AExtension of trial period by 6 monthsE+W

(1)If both of the following conditions are met in relation to an introductory tenancy, the trial period is extended by 6 months.

(2)The first condition is that the landlord has served a notice of extension on the tenant at least 8 weeks before the original expiry date.

(3)The second condition is that either—

(a)the tenant has not requested a review under section 125B in accordance with subsection (1) of that section, or

(b)if he has, the decision on the review was to confirm the landlord’s decision to extend the trial period.

(4)A notice of extension is a notice—

(a)stating that the landlord has decided that the period for which the tenancy is to be an introductory tenancy should be extended by 6 months, and

(b)complying with subsection (5).

(5)A notice of extension must—

(a)set out the reasons for the landlord’s decision, and

(b)inform the tenant of his right to request a review of the landlord’s decision and of the time within which such a request must be made.

(6)In this section and section 125B “the original expiry date” means the last day of the period of one year that would apply as the trial period apart from this section.

Annotations:

Amendments (Textual)

F159Ss. 125A, 125B inserted (18.11.2004 for specified purposes) by Housing Act 2004 (c. 34), ss. 179(3), 270(2)(b) (with s. 179(4))

125BReview of decision to extend trial periodE+W

(1)A request for review of the landlord’s decision that the trial period for an introductory tenancy should be extended under section 125A must be made before the end of the period of 14 days beginning with the day on which the notice of extension is served.

(2)On a request being duly made to it, the landlord shall review its decision.

(3)The Secretary of State may make provision by regulations as to the procedure to be followed in connection with a review under this section.

Nothing in the following provisions affects the generality of this power.

(4)Provision may be made by regulations—

(a)requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and

(b)as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom he may be represented at such a hearing.

(5)The landlord shall notify the tenant of the decision on the review.

If the decision is to confirm the original decision, the landlord shall also notify him of the reasons for the decision.

(6)The review shall be carried out and the tenant notified before the original expiry date.]

Annotations:

Amendments (Textual)

F159Ss. 125A, 125B inserted (18.11.2004 for specified purposes) by Housing Act 2004 (c. 34), ss. 179(3), 270(2)(b) (with s. 179(4))

126