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Housing Act 1974

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I The Housing Corporation: Extended Functions

    1. 1.Continuation of Housing Corporation with extended functions

    2. 2.Control by Corporation of dispositions of land by housing associations

    3. 3.Acquisition of land

    4. 4.Provision of dwellings or hostels and clearance, management and development of land

    5. 5.Disposal of land

    6. 6.Acquisition of securities and control of subsidiaries

    7. 7.Borrowing powers

    8. 8.Treasury guarantees

    9. 9.Lending powers

    10. 10.Miscellaneous financial provisions

    11. 11.Exclusion of certain disposals of land from tax on chargeable gains

    12. 12.Interpretation of Part I

  3. PART II Registration of Housing Associations

    1. 13.The register of housing associations

    2. 14.The Housing Associations Registration Advisory Committee

    3. 15.Removal of bodies from the register

    4. 16.Notifications to and by other bodies

    5. 17.Certain loans and grants limited to registered housing associations

    6. 18.Special rules applicable to tenancies of registered and certain other housing associations

    7. 19.Inquiries into affairs of registered 1965 Act associations

    8. 20.Corporation's power to act for protection of registered 1965 Act associations

    9. 21.Corporation's power to require transfer of land of registered 1965 Act associations

    10. 22.Corporation's power to petition for winding up of certain registered housing associations

    11. 23.Transfer of net assets on dissolution of registered 1965 Act associations

    12. 24.Restrictions on exercise of certain powers by registered 1965 Act associations

    13. 25.Change of objects of certain charities to require consent

    14. 26.Payments by registered housing associations to members, etc.

    15. 27.Disclosure of interest by members of committees of registered 1965 Act associations

    16. 28.Interpretation of Part II

  4. PART III Financial Assistance for Housing Associations

    1. 29.Housing association grants

    2. 30.Payments of housing association grant

    3. 31.Management grants for certain housing associations

    4. 32.Revenue deficit grants for registered housing associations

    5. 33.Hostel deficit grants

    6. 34.Transfer to Corporation of rights and obligations of Secretary of State in relation to certain advances

    7. 35.Existing subsidies and grants for housing associations: transition to housing association grants

  5. PART IV Housing Action Areas

    1. 36.Declaration of housing action areas

    2. 37.Functions of Secretary of State

    3. 38.Incorporation of general improvement areas, priority neighbourhoods, or parts thereof, into housing action areas

    4. 39.Duration of housing action areas

    5. 40.Reduction of housing action areas

    6. 41.Duty to publish information

    7. 42.Duty to inform Secretary of State of action taken

    8. 43.Acquisition of land in housing action areas

    9. 44.Provision, improvement etc. of housing accommodation by local authorities

    10. 45.Assistance for carrying out environmental works

    11. 46.Contributions towards expenditure under section 45

    12. 47.Notification of notices to quit and disposals of housing accommodation etc.

    13. 48.Application of certain provisions of Housing Acts

    14. 49.Local authorities for the purposes of Part IV

  6. PART V General Improvement Areas

    1. 50.Consideration by Secretary of State of suitability of general improvement areas

    2. 51.Further amendments relating to general improvement areas

  7. PART VI Priority Neighbourhoods

    1. 52.Declaration of priority neighbourhoods

    2. 53.Incorporation into priority neighbourhoods of general improvement areas, housing action areas, or parts thereof

    3. 54.Application to priority neighbourhoods of certain provisions of Part IV

    4. 55.Local authorities for the purposes of Part VI

  8. PART VII Financial Assistance Towards Works of Improvement, Repair and Conversion

    1. Grants by local authorities

      1. 56.Grants for provision, improvement and repair of dwellings

      2. 57.General provisions relating to applications for grants

      3. 58.Standard amenities

      4. 59.Appropriate percentage

      5. 60.Certificates of future occupation

    2. Improvement grants

      1. 61.Improvement grants

      2. 62.Rateable value limit on improvement grants for dwellings for owner occupation

      3. 63.Determination of estimated expense in relation to improvement grant

      4. 64.Amount of improvement grant

    3. Intermediate grants

      1. 65.Intermediate grants

      2. 66.Approval of application for intermediate grant conditional on dwellings attaining a particular standard

      3. 67.Local authority to approve certain applications for intermediate grants

      4. 68.Determination of estimated expense and amount of intermediate grant

    4. Special grants

      1. 69.Special grants

      2. 70.Amount of special grant

    5. Repairs grants

      1. 71.Repairs grants

      2. 72.Determination of estimated expense and amount of repairs grant

    6. Grant conditions

      1. 73.Conditions as to future occupation

      2. 74.Power of local authorities to impose grant conditions

      3. 75.Enforceability and registration of grant conditions

      4. 76.Repayment of grant for breach of condition

      5. 77.Voluntary repayment of grants

    7. Contributions

      1. 78.Contributions by Secretary of State towards grants

      2. 79.Payment of improvement contributions to housing authorities

      3. 80.Statement of reasons for refusing application for grant or fixing grant at less than the maximum

      4. 81.Grants restricted to applicant and his personal representatives

      5. 82.Payment of grants

      6. 83.Special provisions as to parsonages, etc.

      7. 84.Interpretation of Part VII

  9. PART VIII Compulsory Improvement of Dwellings

    1. Dwellings in general improvement areas and housing action areas

      1. 85.Provisional notice of local authority's proposals for improvement of dwelling

      2. 86.Housing arrangements

      3. 87.Acceptance of undertakings to do works

      4. 88.Conditions for service of improvement notices

    2. Dwellings outside general improvement areas and housing action areas

      1. 89.Compulsory improvement of dwellings outside general improvement areas and housing action areas

    3. General provisions as to improvement notices

      1. 90.Improvement notices: content and registration

      2. 91.Appeals against improvement notices

      3. 92.Operative effect and withdrawal of improvement notices

      4. 93.Enforcement of improvement notices

      5. 94.Recovery of expenses incurred by local authority on default under improvement notice

      6. 95.Charging orders in favour of persons carrying out works

    4. Supplementary

      1. 96.Provisions as to carrying out of works

      2. 97.Further powers and duties of local authorities

      3. 98.Consequential modifications of Agricultural Holdings Act 1948

      4. 99.Exclusion of dwellings controlled by Crown or a public authority

      5. 100.Duty of local authority to offer loans to meet expenses of compulsory improvement

      6. 101.Right of person served with improvement notice to serve purchase notice

      7. 102.Effect of an area ceasing to be a general improvement area or housing action area after improvement notice is served

      8. 103.Service of notices, etc.

      9. 104.Interpretation of Part VIII

  10. PART IX Miscellaneous

    1. 105.Secretary of States' control over certain expenditure by housing authorities in England and Wales

    2. 106.Lodging-houses and hostels provided by local authorities and new town corporations in England and Wales

    3. 107.Hostels provided by housing authorities in Scotland

    4. 108.Abolition of clearance orders, etc.

    5. 109.General interpretation of section 110 to 115 for Scotland

    6. 110.Listed buildings subject to compulsory purchase orders under Part III of the Housing Act 1957

    7. 111.Listed buildings in clearance areas, acquired by agreement

    8. 112.Temporary provision for listed buildings subject to clearance orders

    9. 113.Application of provisions about listed buildings to buildings in conservation areas

    10. 114.Temporary provision for rehabilitation of unfit houses

    11. 115.Compensation

    12. 116.Amendment of section 4 of the Compulsory Purchase Act 1965

    13. 117.Removal of time limit for completing certain works eligible for higher rates of grants or contributions

    14. 118.Raising of rateable value limits for enfranchisement or extension under Leasehold Reform Act 1967

    15. 119.Option mortgages

    16. 120.Tax exemptions for self-build societies

    17. 121.Disclosure of landlord's identity

    18. 122.Duty to inform tenant of a dwelling of assignment of landlord's interest

    19. 123.Form and content of certain notices to quit

    20. 124.Service charges

    21. 125.Specific performance of landlord's repairing covenants, etc.

    22. 126.Enforceability of certain covenants in agreements relating to development land

    23. 127.Expenses and terms of payment of grants, etc.

    24. 128.Orders

    25. 129.Interpretation

    26. 130.Amendments, transitional provisions, savings and repeals

    27. 131.Short title, citation, commencement and extent

  11. SCHEDULES

    1. SCHEDULE 1

      Amendments to Constitution Etc. of Housing Corporation

      1. 1.In sub-paragraph (1) of paragraph 2 of Schedule 1 to...

      2. 2.At the end of the said paragraph 2 there shall...

      3. 3.In paragraph 5 of that Schedule after the words "...

      4. 4.At the end of paragraph 5 of that Schedule there...

    2. SCHEDULE 2

      Grant-Aided Land

      1. 1.For the purposes of section 2 of this Act "grant-aided...

      2. 2.The payments referred to in paragraph 1(a) above are payments—...

      3. 3.The loans referred to in paragraph 1(b) above are—

    3. SCHEDULE 3

      Housing Association Tenancies

      1. PART I Interim Protection of Housing Association Tenants

        1. 1.(1) The provisions of this Part of this Schedule apply...

        2. 2.(1) In this paragraph " the occupier", in relation to...

        3. 3.(1) If at any time before the operative date the...

        4. 4.(1) In this Part of this Schedule " the court...

      2. PART II Application of Rent Act 1968

        1. 5.(1) The provisions of this paragraph apply on and after...

        2. 6.(1) If, in a case where either a tenancy becomes...

        3. 7.(1) This paragraph applies for the purposes of the application...

        4. 8.(1) The provisions of this paragraph apply where—

        5. 9.(1) This paragraph shall have effect with respect to the...

        6. 10.In the application of section 25 of the Rent Act...

        7. 11.In the application of section 46 of the Rent Act...

        8. 12.In this Part of this Schedule "the 1972 Act" means...

      3. PART III Application of Rent (Scotland) Act 1971

        1. 13.(1) The provisions of this paragraph apply on and after...

        2. 14.(1) This paragraph applies to— (a) a tenancy which becomes...

        3. 15.The sheriff shall have jurisdiction, either in the course of...

        4. 16.In this Part of this Schedule— " the 1971 Act...

    4. SCHEDULE 4

      Notification Procedure

      1. 1.Where, by virtue of the principal section, a person is...

      2. 2.(1) Every such notification shall contain— (a) the name and...

      3. 3.(1) A notification given in compliance with subsection (1) or...

      4. 4.A notification given in compliance with subsection (3) of the...

      5. 5.In this Schedule " the principal section " means section...

    5. SCHEDULE 5

      General Improvement Areas

      1. PART I Sections to be Substituted for Housing Act 1969, Section 28

      2. PART II Other Amendments of Part II of Housing Act 1969

        1. 1.After section 29 of the Housing Act 1969 there shall...

        2. 2.(1) In section 30 of that Act (changes with respect...

        3. 3.In section 32 of that Act (general powers exercisable by...

        4. 4.(1) After subsection (5) of section 37 of that Act...

        5. 5.In subsection (2) of section 40 of that Act (in...

    6. SCHEDULE 6

      Standard Amenities

      1. PART I List of Amenities and Maximum Eligible Amounts

      2. PART II Provisions applicable to certain amenities

        1. 1.Except as provided by paragraph 2 below, a fixed bath...

        2. 2.If it is not reasonably practicable for the fixed bath...

        3. 3.The water closet must, if reasonably practicable, be in, and...

    7. SCHEDULE 7

      Lodging-houses and Hostels : Amendments of Schedule 1 to Housing Finance Act 1972

      1. 1.In Part I (credits and debits) in paragraph 1(1)(a) after...

      2. 2.In Part II (rate fund contributions to the Housing Revenue...

      3. 3.In Part III (limitation of certain subsidies and rate fund...

    8. SCHEDULE 8

      Reduction of Rateable Value in Case of Certain Improvements

      1. 1.(1) Where the tenant, or any previous tenant, has made...

      2. 2.(1) The amount of any such reduction may at any...

      3. 3.(1) Where, after the service of a notice under paragraph...

    9. SCHEDULE 9

      Provisions to be Substituted for Subsection (1) of Section 60 of the Housing Act 1957

    10. SCHEDULE 10

      Rehabilitation Orders

      1. General

        1. 1.(1) A rehabilitation order may, in addition to applying to...

        2. 2.(1) A local authority shall not make a rehabilitation order...

        3. 3.(1) This paragraph shall have effect in relation to any...

      2. Procedure for making and confirming rehabilitation orders

        1. 4.A rehabilitation order shall be made in the prescribed form...

        2. 5.(1) Before submitting the rehabilitation order to the Secretary of...

        3. 6.(1) If no objection is duly made by any of...

        4. 7.(1) The provisions of Schedule 4 to the Act of...

        5. 8.(1) In this Schedule " prescribed " means prescribed by...

    11. SCHEDULE 11

      Option Mortgages: Amendments of Part II of Housing Subsidies Act 1967

      1. 1.(1) In section 24 (right to opt for subsidy for...

      2. 2.After section 24 there shall be inserted the following sections:—...

      3. 3.(1) In section 26 (extension of right to opt for...

      4. 4.In subsection (1) of section 27 (qualifying lenders) at the...

      5. 5.(1) In paragraph (a) of subsection (1) of section 28...

      6. 6.After section 28 there shall be inserted the following section:—...

      7. 7.At the end of section 32(1) (interpretation) there shall be...

    12. SCHEDULE 12

      Service Charges: Amendments of Sections 90 and 91 of Housing Finance Act 1972

      1. 1.After section 90(1) there shall be inserted:—

      2. 2.After section 90(10) there shall be inserted:—

      3. 3.In section 90(12):— (a) in the definition of " landlord...

      4. 4.After section 90(12) there shall be inserted:—

      5. 5.Paragraph 2 above shall not have effect in relation to...

    13. SCHEDULE 13

      Minor and Consequential Amendments

      1. The Sheriff Courts (Scotland) Act 1907

        1. 1.In the Sheriff Courts (Scotland) Act 1907, after section 38...

      2. The Magistrates' Courts Act 1952

        1. 2.In Schedule 1 to the Magistrates' Courts Act 1952 (indictable...

      3. The Housing Act 1957

        1. 3.In section 70 of the Housing Act 1957 (provisions as...

        2. 4.In section 105 of that Act (local authority's powers of...

        3. 5.Section 121 of that Act (arrangements with housing associations for...

        4. 6.In section 189(1) of that Act, in the definition of...

        5. 7.In Schedule 2 to that Act (payments in respect of...

      4. The Land Compensation Act 1961

        1. 8.(1) In Schedule 2 to the Land Compensation Act 1961...

      5. The Landlord and Tenant Act 1962

        1. 9.At the end of section 6 of the Landlord and...

      6. The Housing Act 1964

        1. 10.(1) In section 5(1) of the Housing Act 1964 (schemes...

      7. The Housing (Slum Clearance Compensation) Act 1965

        1. 11.In section 2 of the Housing (Slum Clearance Compensation) Act...

      8. The Housing (Scotland) Act 1966

        1. 12.In section 135 of the Housing (Scotland) Act 1966, the...

        2. 13.Sections 153 to 155 and 159 of the Housing (Scotland)...

        3. 14.In section. 175 of that Act (compulsory purchase of land...

        4. 15.In section 208(1) of that Act, in the definition of...

      9. The Rent Act 1968

        1. 16.In section 5(6) of the Rent Act 1968 (conditions for...

        2. 17.(1) la section 57 of that Act (grant-aided improvements, etc.)...

      10. The Housing (Financial Provisions) (Scotland) Act 1968

        1. 18.(1) Sections 16 and 17 of the Housing (Financial Provisions)...

      11. The Housing Act 1969

        1. 19.In section 69 of the Housing Act 1969 (repayment of...

        2. 20.(1) In section 75 of that Act (power of local...

        3. 21.In Schedule 5 to that Act (payments to owner-occupiers and...

      12. The Rent (Scotland) Act 1971

        1. 22.In section 5(5) of the Rent (Scotland) Act 1971 (conditions...

      13. The Housing (Financial Provisions) (Scotland) Act 1972

        1. 23.(1) In section 23(3)(a) of the Housing (Financial Provisions) (Scotland)...

      14. The Housing Finance Act 1972

        1. 24.In the Housing Finance Act 1972 (in this Schedule referred...

        2. 25.(1) In section 28 of the 1972 Act (application for...

        3. 26.(1) In section 33 of the 1972 Act (if one...

        4. 27.In section 34(3) of the 1972 Act (definitions for purposes...

        5. 28.In section 38(2) of the 1972 Act (section 25(1) of...

        6. 29.In section 45 of the 1972 Act (protection of tenant...

        7. 30.In section 72 of the 1972 Act (the basic residual...

        8. 31.In section 73 of the 1972 Act (the special residual...

        9. 32.In sections 74(1) and 75(12) of the 1972 Act (power...

        10. 33.(1) In subsection (2) of section 82 of the 1972...

        11. 34.After subsection (3) of section 83 of the 1972 Act...

        12. 35.(1) In section 91(1) of the 1972 Act (exceptions from...

        13. 36.In Schedule 1 to the 1972 Act (the Housing Revenue...

        14. 37.In Schedule 6 to the 1972 Act (restriction on rent...

      15. The Land Compensation Act 1973

        1. 38.(1) In the Land Compensation Act 1973 (in this Schedule...

        2. 39.(1) In section 37 of the 1973 Act (disturbance payments...

        3. 40.(1) In section 39 of the 1973 Act (duty to...

        4. 41.(1) In section 43 of the 1973 Act (power to...

      16. The Land Compensation (Scotland) Act 1973

        1. 42.(1) In section 27 of the Land Compensation (Scotland) Act...

        2. 43.(1) In section 34 of that Act (disturbance payments for...

        3. 44.(1) In section 36 of that Act (duty to rehouse...

        4. 45.(1) In section 40 of that Act (power to defray...

      17. Local Government (Scotland) Act 1973

        1. 46.(1) Section 131(3) shall cease to have effect.

    14. SCHEDULE 14

      Transitional Provisions and Savings

      1. Transitional provisions

        1. 1.Notwithstanding the repeals effected by this Act, in any case...

        2. 2.In any case where— (a) before the operative date, the...

        3. 3.Before the operative date, sections 36(4)(d) and 74(3) of this...

        4. 4.(1) Without prejudice to section 99(2)(d) of this Act, no...

      2. Savings

        1. 5.(1) The repeal by this Act of sections 17 to...

        2. 6.Subject to section 35(7) of this Act, the repeal by...

        3. 7.(1) Subject to sub-paragraph (2) below, the repeal by this...

    15. SCHEDULE 15

      Enactments Repealed

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