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The Housing Act 1996 (Consequential Amendments) Order 1997

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Housing Act 1988

6.  In Part III of the Housing Act 1988(1) (housing action trust areas)—

(a)in section 61(2) (consultation and publicity) after “secure tenants” insert “or introductory tenants”;

(b)in section 75(3) (supplementary provisions as to transfer orders) after “secure tenant” insert “or introductory tenant”;

(c)in section 79(2)(2) (disposal of land by housing action trust) after “secure tenancy” insert “or an introductory tenancy”;

(d)after section 79(5) insert—

(5A) Subsection (2) above has effect as if the saving effected by paragraph 9 of the Schedule to the Housing Act 1996 (Commencement No. 3 and Transitional Provisions) Order 1996 related also to disposals of houses subject to introductory tenancies.;

(e)in section 81(1) (consent required for certain subsequent disposals) after “secure tenancy” insert “or an introductory tenancy”;

(f)in section 82(1)(a) and (b) (power of Corporation to provide legal assistance to tenants after disposal) after “secure tenant” insert “or the introductory tenant”;

(g)in section 84 (provisions applicable to disposals of dwelling-houses subject to secure tenancies)(3)—

(i)in subsection (1)(a)—

1.after “secure tenancies” insert “or introductory tenancies”; and

2.after “secure tenant” insert “or an introductory tenant”;

(ii)in subsection (4), after “secure tenant” where it first occurs insert “or, as the case may be, introductory tenant,”;

(iii)in subsection (4)(c), after “secure tenant” insert “or an introductory tenant”; and

(iv)for subsection (8) substitute—

(8) Notwithstanding the application to a housing action trust of Part IV of the Housing Act 1985 (secure tenancies) of Chapter 1 of Part V of the Housing Act 1996 (introductory tenancies), a disposal falling within subsection (1) above shall be treated as not being a matter of housing management to which section 105 of the Act of 1985 applies (in the case of secure tenants) or section 137 of the Act of 1996 applies (in the case of introductory tenants).

(h)in section 84A(6)(4) (transfer by order of certain dwelling houses let on secure tenancies) after “secure tenancy” insert “or an introductory tenancy”;

(i)in section 84A(7) after “secure tenancies” insert “or introductory tenancies”;

(j)in section 86(1) (increase of rent where tenancy not secure) after “secure tenancy” insert “or an introductory tenancy”; and

(k)in section 92(1) (interpretation of Part III) after paragraph (c) insert—

(ca)“introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996 and “introductory tenant” shall be construed accordingly;.

(2)

Amended by section 124(1) and Schedule 22 to the Leasehold Reform, Housing and Urban Development Act 1993 and by paragraph 11 of Schedule 3 to the Housing Act 1996, subject to the provision in paragraph 9 in the Schedule to the Housing Act 1996 (Commencement No. 3 and Transitional Provisions) Order 1996 (S.I. 1996/2402).

(3)

Section 84 was amended by sections 124 and 125 of the Leasehold Reform, Housing and Urban Development Act 1993.

(4)

Section 84A was added by section 125(5) of the Leasehold Reform, Housing and Urban Development Act 1993.

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