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Version Superseded: 22/04/2014

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Point in time view as at 01/04/2014. This version of this Act contains provisions that are not valid for this point in time.

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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Housing Act 1985. Any changes that have already been made by the team appear in the content and are referenced with annotations.

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Housing Act 1985

1985 CHAPTER 68

X1An Act to consolidate the Housing Acts (except those provisions consolidated in the Housing Associations Act 1985 and the Landlord and Tenant Act 1985), and certain related provisions, with amendments to give effect to recommendations of the Law Commission.

[30th October 1985]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Editorial Information

X1A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.

Modifications etc. (not altering text)

C1Act amended by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 2(3)

Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1

Act amended (24.9.1996) by 1996 c. 52, ss. 221(a), 232(2)

C2By Housing Act 1986 (c. 50, SIF 61), s. 140(1), Sch. 17 para. 106 it is provided that for the words “Housing Corporation” in each place where they occur there shall be substituted “Corporation”

C5Act applied by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 157(2)

Act applied (1.4.1996 with application in relation only to energy conservation authorities whose areas are in England and 1.4.1997 for those in Wales) by 1995 c. 10, s. 1(2)(a); S.I. 1995/3340, arts. 2(1), 3; S.I. 1996/3181, arts. 2, 3

Act applied (1.10.1996) by 1996 c. 52, s. 217(3)(a); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

C6Act: definition of "local authority" applied (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), ss. 14(1)(a), 23(1), Sch. 5 para.1 (with s. 37(4), Sch. 7); S.I. 1991/2508, art. 2

C7Act restricted (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 6(1)(a) (with Sch. 1 para. 8); S.I. 1993/1655, art. 2.

C8Act to be construed with 1996 c. 52 Pt. VII (20.1.1997) by 1996 c. 52, s. 216(1); S.I. 1996/2959, art. 2 (subject to transitional provision in Sch. para. 1)

C9Act: certain functions of a Minister of the Crown transferred to the National Assembly for Wales (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1(as amended (28.3.2003) by S.I. 2003/940, art. 3)

PART IE+W INTRODUCTORY PROVISIONS

Local housing authoritiesE+W

1 Local housing authorities.E+W

In this Act “local housing authority” means a district council, a London borough council, the Common Council of the City of London [F1a Welsh county council or county borough council]or the Council of the Isles of Scilly.

Textual Amendments

F1Words in s. 1 inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

2 The district of a local housing authorityE+W

(1)References in this Act to the district of a local housing authority are to the area of the council concerned, that is, to the district, London borough, the City of London [F2the Welsh county or county borough,]or the Isles of Scilly, as the case may be.

(2)References in this Act to “the local housing authority”, in relation to land, are to the local housing authority in whose district the land is situated.

Textual Amendments

F2Words in s. 2(1) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

Modifications etc. (not altering text)

3 Buildings situated in more than one district.E+W

(1)Where a building is situated partly in the district of one local housing authority and partly in the district of another, the authorities may agree that—

(a)the building, or

(b)the building, its site and any yard, garden, outhouses and appurtenances belonging to the building or usually enjoyed with it,

shall be treated for the purposes of the enactments relating to housing as situated in such one of the districts as is specified in the agreement.

(2)Whilst the agreement is in force the enactments relating to housing have effect accordingly.

Other authorities and bodiesE+W

4 Other descriptions of authority.E+W

[F3(1)]In this Act—

(a)housing authority” means a local housing authority [F4or a new town corporation];

(b)new town corporation” means a development corporation or the [F5new towns residuary body];

(c)development corporation” means a development corporation established by an order made, or having effect as if made, under the M1New Towns Act 1981;

(d)urban development corporation” means an urban development corporation established under Part XVI of the M2Local Government, Planning and Land Act 1980;

(e)local authority” means a county, [F6county borough,] district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly [F7, in sections 43, 44 and 232 includes the Broads Authority][F8, in sections 438, 441, 442, 443 and 458 includes the Broads Authority [F9, a joint authority established by Part 4 of the Local Government Act 1985, [F10an economic prosperity board, a combined authority,] a joint waste authority]][F11and the London Fire and Emergency Planning Authority], and in sections 45(2)(b), 50(2), 51(6), 80(1), 157(1), 171(2), F12. . ., 573(1), paragraph 2(1) of Schedule 1, grounds 7 and 12 in Schedule 2, ground 5 in Schedule 3, paragraph 7(1) of Schedule 4, paragraph 5(1)(b) of Schedule 5 and Schedule 16 includes F13. . . [F14the Broads Authority][F8, a [F15police and crime commissioner],]. . . F16. . . F17. . . F13. . . [F18, a joint authority established by Part 4 of the Local Government Act 1985, [F10an economic prosperity board, a combined authority,] a joint waste authority][F11and the London Fire and Emergency Planning Authority].

[F19(f)housing action trust ” means a housing action trust established under Part III of the Housing Act 1988 ]

[F20(g)new towns residuary body ” means—

(i)in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008[F21or the Greater London Authority so far as exercising its new towns and urban development functions]; and

(ii)in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981.]

[F22(2)In this section—

  • combined authority ” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

  • economic prosperity board ” means an economic prosperity board established under section 88 of that Act;

  • joint waste authority ” means an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007. ]

Textual Amendments

F3S. 4 renumbered (1.4.2008) as s. 4(1) by virtue of Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 41(1); S.I. 2008/917, art. 2(o)(p)

F4Words in s. 4(1)(a) substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 7 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F6Words in s. 4(1)(e) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F8Words in s. 4(1)(e) inserted (1.10.1994 for certain purposes only and 1.4.1995 otherwise) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 58(a)(c); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

F9Words in s. 4(1)(e) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 41(2)(a); S.I. 2008/917, art. 2(o)(p)

F11Words in s. 4(1)(e) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 42 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)

F12Words in s. 4(1)(e) omitted (1.10.1994 for certain purposes only and 1.4.1995 otherwise) by virtue of 1994 c. 29, s. 43, Sch. 4 Pt. II para. 58(b); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.; and repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

F16Words in s. 4(1)(e) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, Sch. 6 Pt. 3 para. 67, Sch. 7 Pt. 5; S.I. 2002/344, art. 3(k)(m) (with transitional provisions in art. 4)

F17Word in s. 4(1)(e) repealed (3.7.2000) by 1999 c. 29, s. 423, Sch. 34 Pt. VIII (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(1)

F18Words in s. 4(1)(e) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 41(2)(b); S.I. 2008/917, art. 2(o)(p)

F21Words in s. 4(1)(g)(i) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 11; S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

Modifications etc. (not altering text)

C12S. 4(e) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(x)

Marginal Citations

5 Housing associations.E+W

(1)In this Act “housing association” means a society, body of trustees or company—

(a)which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of, housing accommodation, and

(b)which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Treasury, whether with or without differentiation as between share and loan capital.

(2)In this Act “fully mutual”, in relation to a housing association, means that the rules of the association—

(a)restrict membership to persons who are tenants or prospective tenants of the association, and

(b)preclude the granting or assignment of tenancies to persons other than members;

and “co-operative housing association” means a fully mutual housing association which is a society registered under the M3Industrial and Provident Societies Act 1965.

(3)In this Act “self-build society” means a housing association whose object is to provide, for sale to, or occupation by, its members, dwellings built or improved principally with the use of its members’ own labour.

[F23F24[(4)In this Act “registered social landlord” means a housing association registered in the register maintained under section 1 of the Housing Act 1996, subject as follows.]

(5)References to registered social landlords include, where the context so permits, references to housing associations registered in the register maintained by Scottish Homes under section 3 of the Housing Associations Act 1985 (Scottish registered housing associations)..]

6 Housing trusts.E+W

In this Act “housing trust” means a corporation or body of persons which—

(a)is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation, or

(b)is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds for charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.

[F25 6A The CorporationE+W

(1)In this Act “the [F26Relevant Authority]” means the [F27Regulator of Social Housing], [F28the Secretary of State] or Scottish Homes, subject as follows.

(2)In relation to a housing association which is—

(a)a registered charity which has its address for the purposes of registration by the [F29Charity Commission] in Wales,

(b)a society registered under the Industrial and Provident Societies Act 1965 which has its registered office for the purposes of that Act in Wales, or

(c)a company [F30registered under the Companies Act 2006] which has its registered office for the purposes of that Act in Wales,

“the [F26Relevant Authority]” means [F28the Secretary of State].

(3)In relation to a housing association which is a society registered under the Industrial and Provident Societies Act 1965 which has its registered office for the purposes of that Act in Scotland, “the [F26Relevant Authority]” means Scottish Homes.

(4)In relation to any other housing association which is a registered charity, a society registered under the Industrial and Provident Societies Act 1965 or a company [F30registered under the Companies Act 2006], “the [F26Relevant Authority]” means the [F31Regulator of Social Housing].

[F32(4A)This section is subject to any provision made elsewhere in this Act.]

(5)In this section “registered charity” means a charity which is registered [F33in accordance with section 30 of the Charities Act 2011] F34. . . .]

Textual Amendments

F25S. 6A substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(3)

F26Words in s. 6A substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 5 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F28Words in s. 6A(1)(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 7 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F29Words in s. 6A(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), ss. 75(1), 79(2), Sch. 8 para. 77(2); S.I. 2007/309, art. 2, Sch. (subject to arts. 4-13)

F30Words in s. 6A(2)(c)(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I. 2009/1941), art. 2(1), {Sch. 1 para. 62(2)} (with art. 10)

F33Words in s. 6A(5) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 43 (with s. 20(2), Sch. 8)

F34Words in s. 6A(5) repealed (31.1.2009) by Charities Act 2006 (c. 50), ss. 75(1)(2), 79(2), Sch. 8 para. 77(3)(b), Sch. 9; S.I. 2008/3267, art. 2, Sch. (with arts. 3-17) (as amended (29.9.2009) by S.I. 2009/2648, art. 3)

Modifications etc. (not altering text)

Supplementary provisionsE+W

7 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 or paragraph):—

district (of a local housing authority)section 2(1)
local housing authoritysection 1, 2(2)
tenancy and tenantsection 621

PART IIE+W PROVISION OF HOUSING ACCOMMODATION

Modifications etc. (not altering text)

C15Pt. II (ss. 8–57): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)

C16Pt. II (ss. 8-57) restricted (19.8.1996) by 1996 c. 49, s. 9(4)(a); S.I. 1996/2127, art. 2, Sch. Pt. I

Main powers and duties of local housing authoritiesE+W

8 Periodical review of housing needs.E+W

(1)Every local housing authority shall consider housing conditions in their district and the needs of the district with respect to the provision of further housing accommodation.

(2)For that purpose the authority shall review any information which has been brought to their notice, including in particular information brought to their notice as a result of [F35the consideration of the housing conditions in their district under [F36section 3 of the Housing Act 2004]].

Textual Amendments

F36Words in s. 8(2) substituted (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 265(1), 270(4)(5), Sch. 15 para. 11; S.I. 2006/1060, {art. (2(1)(d)} (with Sch.); S.I. 2006/1535, art. 2(b) (with art. 3, Sch.)

Modifications etc. (not altering text)

9 Provisions of housing accommodation.E+W

(1)A local housing authority may provide housing accommodation—

(a)by erecting houses, or converting buildings into houses, on land acquired by them for the purposes of this Part, or

(b)by acquiring houses.

(2)The authority may alter, enlarge, repair or improve a house so erected, converted or acquired.

(3)These powers may equally be exercised in relation to land acquired for the purpose—

(a)of disposing of houses provided, or to be provided, on the land, or

(b)of disposing of the land to a person who intends to provide housing accommodation on it.

(4)A local housing authority may not under this Part provide a cottage with a garden of more than one acre.

[F37(5)Nothing in this Act shall be taken to require (or to have at any time required) a local housing authority itself to acquire or hold any houses or other land for the purposes of this Part.]

10 Provision of furnishings and fittings.E+W

(1)A local housing authority may fit out, furnish and supply a house provided by them under this Part with all requisite furniture, fittings and conveniences.

(2)A local housing authority may sell, or supply under a hire-purchase agreement or a conditional sale agreement, furniture to the occupants of houses so provided, and may for that purpose buy furniture.

(3)In subsection (2) “conditional sale agreement” and “hire-purchase agreement” have the same meaning as in the M4Consumer Credit Act 1974.

Marginal Citations

11 Provision of board and laundry facilities.E+W

(1)A local housing authority may provide in connection with the provisionof housing accommodation by them under this Part—

(a)facilities for obtaining meals and refreshments, and

(b)facilities for doing laundry and laundry services,

such as accord with the needs of the persons for whom the housing accommodation is provided.

(2)The authority may make reasonable charges for meals and refreshments provided by virtue of this section and for the use of laundry facilities or laundry services so provided.

[F38(3)Where a premises licence under Part 3 of the Licensing Act 2003 authorises the sale by retail of alcohol in connection with the provision of facilities of the kind mentioned in subsection (1)(a), then, notwithstanding the terms of that licence, it does not have effect so as to authorise the sale by retail of alcohol for consumption otherwise than with a meal.]

(4)A local housing authority in carrying on activities under this section is subject to all relevant enactments and rules of law, including enactments relating to the sale of intoxicating liquor [F39“or the sale by retail of alcohol”] , in the same manner as other persons carrying on such activities.

[F40(5)An expression used in this section and in the Licensing Act 2003 has the same meaning in this section as in that Act.]

[F4111A Provision of welfare services.E+W

(1)A local housing authority may provide in connection with the provision of housing accommodation by them (whether or not under this Part) such welfare services, that is to say, services for promoting the welfare of the persons for whom the accommodation is so provided, as accord with the needs of those persons.

(2)The authority may make reasonable charges for welfare services provided by virtue of this section.

(3)In this section “welfare services” does not include the repair, maintenance, supervision or management of houses or other property.

F42(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F41S. 11A inserted (retrospectively to 1.4.1990) by 1993 c. 28, s. 126

F42S. 11A(4) repealed (18.10.2000 with application in relation to England only and otherwise 9.4.2001) by 2000 c. 22, s. 107, Sch. 6; S.I. 2000/2836, art. 2(b)(iii); S.I. 2001/1471, art. 2

12 Provision of shops, recreation grounds, etc.E+W

(1)A local housing authority may, with the consent of the Secretary of State, provide and maintain in connection with housing accommodation provided by them under this Part—

(a)buildings adapted for use as shops,

(b)recreation grounds, and

(c)other buildings or land which, in the opinion of the Secretary of State, will serve a beneficial purpose in connection with the requirements of the persons for whom the housing accommodation is provided.

(2)The Secretary of State may, in giving his consent, by order apply, with any necessary modifications, any statutory provisions which would have been applicable if the land or buildings had been provided under any enactment giving a local authority powers for the purpose.

(3)The power conferred by subsection (1) may be exercised either by the local housing authority themselves or jointly with another person.

[F43(4)The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.]

13 Provision of streets, roads and open spaces and development generally.E+W

(1)A local housing authority may lay out and construct public streets or roads and open spaces on land acquired by them for the purposes of this Part.

(2)Where they dispose of land to a person who intends to provide housing accommodation on it, they may contribute towards the expenses of the development of the land and the laying out and construction of streets on it, subject to the condition that the streets are dedicated to the public.

14 Exercise of powers by authority outside district.E+W

(1)A local housing authority may, for supplying the needs of their district, exercise outside their district the powers conferred by sections 9 to 13 (provision of housing accommodation and related powers).

(2)A district council shall before doing so give notice of their intention—

(a)to the council of the county in which their district is situated, and

(b)if they propose to exercise the power outside that county [F44but in England], to the council of the county in which they propose to exercise the power;

but failure to give notice does not invalidate the exercise of the power.

[F45(2A)Where a Welsh county council or county borough council propose to exercise the power in England they shall before doing so give notice of their intention to the council of the county in which they propose to exercise the power, but failure to give notice does not invalidate the exercise of the power.]

(3)Where housing operations under this Part are being carried out by a local housing authority outside their own district, the authority’s power to execute works necessary for the purposes of, or incidental to the carrying out of, the operations, is subject to entering into an agreement with the council of the county, [F46county borough,] London borough or district in which the operations are being carried out, as to the terms and conditions on which the works are to be executed.

(4)Where housing operations under this Part have been carried out by a local housing authority outside their own district, and for the purposes of the operations public streets or roads have been constructed and completed by the authority, the liability to maintain the streets or roads vests in the council which is the local highway authority for the area in which the operations were carried out unless that council are satisfied that the streets or roads have not been properly constructed.

(5)Where a local housing authority carry out housing operations outside their own district, any difference arising between that authority and any authority in whose area the operations are carried out may be referred by either authority to the Secretary of State whose decision shall be final and binding on them.

Textual Amendments

F44Words in s. 14(2)(b) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F45S. 14(2A) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F46Words in s. 14(3) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

Powers of authorities in LondonE+W

15 Additional powers of authorities in London.E+W

(1)A London borough council may provide and maintain in connection with housing accommodation provided by them under this Part buildings or parts of buildings adapted for use for any commercial purpose.

(2)A local housing authority in Greater London may make arrangements for the rehousing of any person by another such authority; and the arrangements may include provision for the payment of contributions by the former authority to the latter.

(3)The council of an Inner London borough and the Common Council of the City of London may, for the purpose of facilitating the erection of houses in their district, suspend, alter or relax the provisions of any enactment or byelaw relating to the formation or laying out of new streets or the construction of sewers or of buildings intended for human habitation.

(4)The powers conferred by subsections (1) and (3) are exercisable only with the consent of the Secretary of State.

F4716. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F47S. 16 repealed (1.10.1996) by 1996 c. 52, ss. 222, 227, Sch. 18 Pt. IV para. 20, Sch. 19 Pt. XII; S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

Acquisition of land, etc.E+W

17 Acquisition of land for housing purposes.E+W

(1)A local housing authority may for the purposes of this Part—

(a)acquire land as a site for the erection of houses,

(b)acquire houses, or buildings which may be made suitable as houses, together with any land occupied with the houses or buildings,

(c)acquire land proposed to be used for any purpose authorised by sections 11, 12 and 15(1) (facilities provided in connection with housing accommodation), and

(d)acquire land in order to carry out on it works for the purpose of, or connected with, the alteration, enlarging, repair or improvement of an adjoining house.

(2)The power conferred by subsection (1) includes power to acquire land for the purpose of disposing of houses provided, or to be provided, on the land or of disposing of the land to a person who intends to provide housing accommodation on it [F48or facilities which serve a beneficial purpose in connection with the requirements of persons for whom housing accommodation is provided].

(3)Land may be acquired by a local housing authority for the purposes of this Part by agreement, or they may be authorised by the Secretary of State to acquire it compulsorily.

(4)A local housing authority may, with the consent of, and subject to any conditions imposed by, the Secretary of State, acquire land for the purposes of this Part notwithstanding that the land is not immediately required for those purposes; but an authority shall not be so authorised to acquire land compulsorily unless it appears to the Secretary of State that the land is likely to be required for those purposes within ten years from the date on which he confirms the compulsory purchase order.

Textual Amendments

F48Words in s. 17(2) inserted (24.9.1996) by 1996 c. 52, ss. 222, 232(2), Sch. 18 Pt. IV para. 24(1)

18 Duties with respect to buildings acquired for housing purposes.E+W

(1)Where a local housing authority acquire a building which may be made suitable as a house, they shall forthwith proceed to secure that the building is so made suitable either by themselves executing any necessary works or by leasing it or selling it to some person subject to conditions for securing that he will so make it suitable.

(2)Where a local housing authority—

(a)acquire a house, or

(b)acquire a building which may be made suitable as a house and themselves carry out any necessary work as mentioned in subsection (1),

they shall, as soon as practicable after the acquisition or, as the case may be, after the completion of the necessary works, secure that the house or building is used as housing accommodation.

19 Appropriation of land.E+W

(1)A local housing authority may appropriate for the purposes of this Part any land for the time being vested in them or at their disposal; and the authority have the same powers in relation to land so appropriated as they have in relation to land acquired by them for the purposes of this Part.

(2)Where a local housing authority have acquired or appropriated land for the purposes of this Part, they shall not, without the consent of the Secretary of State, appropriate any part of the land consisting of a house or part of a house for any other purpose.

(3)The Secretary of State’s consent may be given—

(a)either generally to all local housing authorities or to a particular authority or description of authority, and

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

and it may be given subject to conditions.

[F49(4)The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.]

Housing managementE+W

20 Application of housing management provisions.E+W

(1)The following provisions of this Part [F50down to [F51section 27BA]] (general provisions on housing management matters) apply in relation to all houses held by a local housing authority for housing purposes.

(2)References in those provisions to an authority’s houses shall be construed accordingly.

Textual Amendments

F51Words in s. 20(1) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. I para. 3(3); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

21 General powers of management.E+W

(1)The general management, regulation and control of a local housing authority’s houses is vested in and shall be exercised by the authority and the houses shall at all times be open to inspection by the authority.

(2)Subsection (1) has effect subject to section 27 [F52(management agreements)] [F53and to any requirement imposed on the authority under Part 2 of the Housing and Regeneration Act 2008].

F5422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F54S. 22 repealed (1.4.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VII; S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

23 Byelaws.E+W

(1)A local housing authority may make byelaws for the management, use and regulation of their houses.

(2)A local housing authority may make byelaws with respect to the use of land held by them by virtue of section 12 (recreation grounds and other land provided in connection with housing), excluding land covered by buildings or included in the curtilage of a building or forming part of a highway.

(3)A local housing authority shall as respects their lodging-houses by byelaws make sufficient provision for the following purposes—

(a)for securing that the lodging-houses are under the management and control of persons appointed or employed by them for the purpose,

(b)for securing the due separation at night of men and boys above eight years old from women and girls,

(c)for preventing damage, disturbance, interruption and indecent and offensive language and behaviour and nuisances, and

(d)for determining the duties of the persons appointed by them;

and a printed copy or a sufficient abstract of the byelaws relating to lodging-houses shall be put up and at all times kept in every room in the lodging-houses.

[F55(4)Byelaws made under this section by a local housing authority in England are to be read subject to any requirement imposed on the authority under Part 2 of the Housing and Regeneration Act 2008.]

24 Rents.E+W

(1)A local housing authority may make such reasonable charges as they may determine for the tenancy or occupation of their houses.

(2)The authority shall from time to time review rents and make such changes, either of rents generally or of particular rents, as circumstances may require.

[F56(3)In exercising their functions under this section, a local housing authority [F57in Wales] shall have regard in particular to the principle that the rents of houses of any class or description should bear broadly the same proportion to private sector rents as the rents of houses of any other class or description.

(4) In subsection (3) “ private sector rents ”, in relation to houses of any class or description, means the rents which would be recoverable if they were let on assured tenancies within the meaning of the Housing Act 1988 by a person other than the authority. ]

[F58(5)In exercising their functions under this section, a local housing authority in England shall have regard in particular to any relevant standards set for them under section 193 of the Housing and Regeneration Act 2008.]

25 Increase of rent where tenancy not secure.E+W

(1)This section applies where a house is let by a local housing authority on a weekly or other periodic tenancy which is not a secure tenancy [F59or an introductory tenancy].

(2)The rent payable under the tenancy may, without the tenancy being terminated, be increased with effect from the beginning of a rental period by a written notice of increase given by the authority to the tenant.

(3)The notice is not effective unless—

(a)it is given at least four weeks before the beginning of the rental period, or any earlier day on which the payment of rent in respect of that period falls to be made,

(b)it tells the tenant of his right to terminate the tenancy and of the steps to be taken by him if he wishes to do so, and

(c)it gives him the dates by which, if in accordance with subsection (4) the increase is not to be effective, a notice to quit must be received by the authority and the tenancy be made to terminate.

(4)Where the notice is given for the beginning of a rental period and the tenancy continues into that period, the notice shall not have effect if—

(a)the tenancy is terminated by notice to quit given by the tenant in accordance with the provisions (express or implied) of the tenancy,

(b)the notice to quit is given before the end of the period of two weeks following the date on which the notice of increase is given, or such longer period as may be allowed by the notice of increase, and

(c)the date on which the tenancy is made to terminate is not later than the earliest day on which the tenancy could be terminated by a notice to quit given by the tenant on the last day of that period.

(5)In this section “rental period” means a period in respect of which a payment of rent falls to be made.

Textual Amendments

F59Words in s. 25(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(b)

26 Financial assistance towards tenants’ removal expenses.E+W

(1)Where a tenant of one of the houses of a local authority moves to another house (whether or not that house is also one of theirs), the authority may—

(a)pay any expenses of the removal, and

(b)where the tenant is purchasing the house, pay any expenses incurred by him in connection with the purchase, other than the purchase price.

(2)If the house belongs to the same authority subsection (1)(b) only applies if the house has never been let and was built expressly with a view to sale or for letting.

(3)The Secretary of State may give directions to authorities in general or to any particular authority—

(a)as to the expenses which may be treated (whether generally or in any particular case) as incurred in connection with the purchase of a house, and

(b)limiting the amount which they may pay in respect of such expenses.

(4)An authority may make their payment of expenses subject to conditions.

[F60 Management agreementsE+W

Textual Amendments

F60Ss. 27, 27A, 27B and heading substituted for s. 27 and heading by Housing and Planning Act 1986 (c. 63, SIF 61), s. 10

[F6127 Management agreements.E+W

(1)A local housing authority may agree that another person shall exercise in relation to—

(a)such of the authority’s houses as are specified in the agreement, and

(b)any other land so specified which is held for a related purpose,

such of the authority’s management functions as are so specified.

(2)In this Act—

(a)management agreement ” means an agreement under subsection (1) or a sub-agreement, and

(b)manager ”, in relation to a management agreement, means a person by whom management functions are exercisable under the agreement.

(3)A management agreement shall set out the terms on which the authority’s functions are exercisable by a manager.

(4)An agreement under subsection (1) shall contain such provisions as may be prescribed by regulations made by the [F62appropriate Minister].

(5)A management agreement may—

(a)include provision authorising a manager, with the consent of the authority, to agree that another person shall exercise any management function exercisable by the manager under the agreement;

(b)where a body or association is a manager, provide that the management functions of the body or association under the agreement may be performed by a committee, sub-committee, officer or employee of the body or association.

(6)Subject to subsection (7), the approval of the [F63appropriate authority] shall be required to—

(a)the making of any management agreement;

(b)the variation of a provision of a management agreement, if the provision is specified, or is of a description specified, by the [F63 appropriate authority] in giving approval to the making of a management agreement.

(7)The [F64appropriate authority] may, in giving approval to the making of an agreement under subsection (1)—

(a)specify a moratorium period and the circumstances in which it is to apply;

(b)specify circumstances in which [F65the appropriate authority’s approval]is not required to the making of a sub-agreement under the agreement.

(8)If a moratorium period applies in relation to a management agreement—

(a)during the moratorium period the approval of the [F66appropriate authority] is not required to the making of a sub-agreement under the agreement;

(b)any sub-agreement made under the agreement during the moratorium period without the approval of the [F66appropriate authority] is not valid unless it is approved by the [F66appropriate authority] immediately after the end of the moratorium period.

(9)A moratorium period specified under subsection (7) must not exceed 6 months.

(10)Where a sub-agreement has been made during a moratorium period without [F67the approval of the appropriate authority, the appropriate authority may extend the moratorium period if it is satisfied that it will not give its approval] to that sub-agreement immediately after the end of that period; and this subsection may apply more than once.

(11)The approval of the [F68appropriate authority] to the making of an agreement under subsection (1) or to the variation of such an agreement may be given generally or to a particular local housing authority or description of local housing authority.

(12)The approval of the [F69appropriate authority] under this section may be given—

(a)in relation to a particular case or description of case;

(b)unconditionally or subject to conditions.

( 13 )Subject to subsection (15)—

(a)anything done, or not done, by a manager in connection with the exercise (or purported exercise) of a relevant function shall be treated as done, or not done, by the authority;

(b)anything done, or not done, in relation to a manager in connection with the exercise (or purported exercise) of a relevant function shall be treated as done, or not done, in relation to the authority.

(14) In subsection (13) “ relevant function ” means a management function of the authority exercisable by the manager under a management agreement.

( 15 )Subsection (13) shall not apply—

(a)to the extent that a management agreement provides otherwise as between the parties to it; or

(b)for the purposes of any criminal proceedings brought in respect of anything done or not done by the manager.

(16)References in subsection (1) to the management functions of a local housing authority in relation to houses or land—

(a)do not include such functions as may be prescribed by regulations made by the [F70appropriate Minister], but

(b)subject to that, include functions conferred by any statutory provision and the powers and duties of the authority as holder of an estate or interest in the houses or land in question.

(17)Regulations under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas,

(b)may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and

[F71(c)shall be made by statutory instrument which shall be subject to annulment in pursuance of—

(i)in the case of regulations made by the Secretary of State, a resolution of either House of Parliament;

(ii)in the case of regulations made by the Welsh Ministers, a resolution of the National Assembly for Wales.]

[F72(18)In this section—

  • “sub-agreement” means an agreement made by a manager and another person pursuant to a provision included in an agreement by virtue of subsection (5)(a);

  • “the appropriate authority” means—

    (a)

    in relation to a local housing authority in England which is a registered provider of social housing, the Regulator of Social Housing;

    (b)

    in relation to any other local housing authority in England, the Secretary of State;

    (c)

    in relation to a local housing authority in Wales, the Welsh Ministers;

  • “the appropriate Minister” means—

    (a)

    in relation to a local housing authority in England, the Secretary of State;

    (b)

    in relation to a local housing authority in Wales, the Welsh Ministers.]]

Textual Amendments

F61S. 27 substituted (28.3.2003) by S.I. 2003/940, art. 2

Modifications etc. (not altering text)

F7327A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F73Ss. 27A, 27AA repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. X; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F7427AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F74Ss. 27A, 27AA repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. X; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

[F7527AB Management agreements with tenant management organisations.E+W

(1)The Secretary of State may make regulations for imposing requirements on a local housing authority in any case where a tenant management organisation serves written notice on the authority proposing that the authority should enter into a management agreement with that organisation.

(2)The regulations may make provision requiring the authority—

(a)to provide or finance the provision of such office accommodation and facilities, and such training, as the organisation reasonably requires for the purpose of pursuing the proposal;

(b)to arrange for such feasibility studies with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined;

[F76(ba)to provide to the organisation such information or descriptions of information, in connection with the proposal, as may be prescribed in the regulations;

(bb)to take, in circumstances prescribed in the regulations, such other steps as may be so prescribed to co-operate with the organisation in connection with the proposal;]

(c)to arrange for such ballots or polls with respect to the proposal as may be determined by or under the regulations to be conducted of such persons as may be so determined; and

(d)in such circumstances as may be prescribed by the regulations (which shall include the organisation becoming registered if it has not already done so), to enter into a management agreement with the organisation.

(3)The regulations may make provision with respect to any management agreement which is to be entered into in pursuance of the regulations—

(a)for determining the houses and land to which the agreement should relate, and the amounts which should be paid under the agreement to the organisation;

(b)requiring the agreement to be in such form as may be approved by the Secretary of State and to contain such provisions as may be prescribed by the regulations;

(c)requiring the agreement to take effect immediately after the expiry or other determination of any previous agreement; and

(d)where any previous agreement contains provisions for its determination by the authority, requiring the authority to determine it as soon as may be after the agreement is entered into.

(4)The regulations may also make such procedural, incidental, supplementary and transitional provisions as may appear to the Secretary of State necessary or expedient, and may in particular make provision—

(a)for particular questions arising under the regulations to be determined by the authority [F77or the person making the regulations];

(b)for other questions so arising to be determined by an arbitrator agreed to by the parties or, in default of agreement, appointed by the Secretary of State;

[F78(ba)setting time-limits for the carrying out of requirements under the regulations;]

(c)requiring any person exercising functions under the regulations to act in accordance with any guidance [F79or directions] given by the Secretary of State; and

(d)for enabling the authority, if invited to do so by the organisation concerned, to nominate one or more persons to be directors or other officers of any tenant management organisation with whom the authority have entered into, or propose to enter into, a management agreement.

(5)Nothing in subsections (2) to (4) above shall be taken as prejudicing the generality of subsection (1).

(6)Regulations under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, 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)Except as otherwise provided by regulations under this section—

(a)a local housing authority shall not enter into a management agreement with a tenant management organisation otherwise than in pursuance of the regulations; and

(b)the provisions of the regulations shall apply in relation to the entering into of such an agreement with such an organisation in place of—

(i)the provisions of [F80regulations under section 27BA (consultation with respect to management)]

(ii) in the case of secure tenants, the provisions of section 105 (consultation on matters of housing management), F81 . . .

(iii)F82 . . . [F83 and

(iv)in the case of introductory tenants, the provisions of section 137 of the Housing Act 1996 (consultation on matters of housing management).]

(8)In this section—

  • arbitrator” means a member of a panel approved for the purposes of the regulations by the Secretary of State;

  • F84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • previous agreement”, in relation to an agreement entered into in pursuance of the regulations, means a management agreement [F85 , or a section 247 or 249 arrangement, ] previously entered into in relation to the same houses and land;

  • registered” means registered under the Industrial and Provident Societies Act 1965 or [F86 the Companies Act 2006 ];

  • [F87“section 247 or 249 arrangement” has the meaning given by section 250A(6) of the Housing and Regeneration Act 2008;]

  • tenant management organisation” means a body which satisfies such conditions as may be determined by or under the regulations. ]

Textual Amendments

F75S. 27AB inserted (10.11.1993 so far as confers power on Secretary of State to make regulations and 1.4.1994 otherwise) by 1993 c. 28, s. 132(1); S.I. 1993/2762, art. 3; S.I. 1994/935, art. 3 (with transitional provisions in art. 3)

F76S. 27AB(2)(ba)(bb) inserted (1.12.2008 for E. and otherwise prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 295(2), 325; S.I. 2008/3068, art. 4(1)(a) (with arts. 6-13)

F77Words in s. 27AB(4)(a) inserted (1.12.2008 for E. and otherwise prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 295(3)(a), 325; S.I. 2008/3068, arts. 1(2), 4(1)(a) (with arts. 6-13)

F78S. 27AB(4)(ba) inserted (1.12.2008 for E. and otherwise prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 295(3)(b), 325; S.I. 2008/3068, arts. 1(2), 4(1)(a) (with arts. 6-13)

F79Words s. 27AB(4)(c) inserted (1.12.2008 for E. and otherwise prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 295(3)(c), 325; S.I. 2008/3068, arts. 1(2), 4(1)(a) (with arts. 6-13)

F80Words in s. 27AB(7)(b)(i) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. I para. 3(5); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F81Word in s. 27AB(7)(b)(ii) omitted (12.2.1997) by virtue of S.I. 1997/74, art. 2, Sch. para. 3(c)

F82Words in s. 27AB(7)(b)(iii) repealed (18.11.2003 for E. and 27.11.2003 for W.) by Local Government Act 2003 (c. 26), ss. 127(2), 128(5)(6), Sch. 8 Pt. I; S.I. 2003/2938, art. 3(i)(i) (subject to art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F83S. 27AB(7)(b)(iv) and word preceding it inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(c)

F84S. 27AB(8): definition of “associated” repealed (18.11.2003 for E. and 27.11.2003 for W.) by Local Government Act 2003 (c. 26), ss. 127(2), 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 3 (subject to art. 8, Sch.); S.I. 2003/3034, art. 2(1), Sch. 1 Pt. 1

F85Words in definition of “previous agreement” in s. 27AB(8) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 11(a)

F86S. 27AB(8): words in definition of “registered” substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I. 2009/1941), art. 2(1), {Sch. 1 para. 62(3)} (with art. 10)

F87Definition “section 247 or 249 arrangement” in s. 27AB(8) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 11(b)

27B Agreements with housing co-operatives under superseded provisions.E+W

(1)In this section “housing co-operative” means a society, company or body of trustees with which a housing co-operative agreement was made, that is to say—

(a)an agreement to which paragraph 9 of Schedule 1 to the Housing Rents and Subsidies Act 1975 or Schedule 20 to the Housing Act 1980 applied or,

(b)an agreement made under section 27 above before the commencement of section 10 of the Housing and Planning Act 1986 (which substituted the present section 27).

(2)A housing co-operative agreement made with a local housing authority which is in force immediately before the commencement of section 10 of the Housing and Planning Act 1986 has effect as if made under the present section 27, so that, in particular, any terms of the agreement providing for the letting of land to the housing co-operative no longer have effect except in relation to lettings made before commencement.

(3)A housing co-operative agreement made with a new town corporation F88. . . which is in force immediately before the commencement of section 10 of the Housing and Planning Act 1986 remains in force notwithstanding that the present section 27 does not apply to such authorities.

(4)In this Act (except in section 27) the expressions “management agreement” and “manager”, in relation to such an agreement, include a housing co-operative agreement to which subsection (2) or (3) applies and the housing co-operative with whom the agreement is made.]

Textual Amendments

[F89Consultation with respect to housing management]E+W

Textual Amendments

F89S. 27BA and cross-heading inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. I para. 3(2); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

[F9027BA Consultation with respect to management.E+W

(1)The Secretary of State may make regulations for imposing requirements on a local housing authority to consult tenants, or to consider representations made to them by tenants, with respect to the exercise of their management functions (including proposals as to the exercise of those functions), in relation to any of the authority’s houses or other land held for a related purpose.

(2)The regulations may include provision requiring a local housing authority to consult tenants, or consider representations made by tenants, with respect to—

(a)the terms of a written specification to be prepared by the authority of functions proposed to be exercised by the authority or another person;

(b)a proposal of the authority to exercise management functions themselves;

(c)any person whom the authority propose to invite to submit a bid to exercise any of their management functions;

(d)the standards of service for the time being achieved by the authority or (as the case may be) the person with whom they have entered into a management agreement;

(e)a proposal to enforce the standards of service required by a management agreement.

(3)The requirements imposed on a local housing authority by the regulations may include provision with respect to—

(a)the tenants to be consulted or whose representations are to be considered;

(b)the means by which consultation is to be effected (including the arrangements to be made for tenants to consider the matters on which they have been consulted);

(c)the arrangements to be made for tenants to make representations to the authority;

(d)the action to be taken by the authority where representations are made.

(4)The regulations may include provision requiring a local housing authority to consult representatives of tenants, or to consider representations made to them by such representatives, as well as (or instead of) the tenants themselves; and accordingly, references in subsections (1) to (3) above to tenants include references to such representatives.

(5)The regulations may include provision for particular questions arising under them to be determined by a local housing authority on whom they impose requirements.

(6)Nothing in subsections (2) to (5) above shall be taken as prejudicing the generality of subsection (1).

(7)Regulations under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas,

(b)may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and

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

(8)Except as otherwise provided by the regulations, in the case of secure tenants, the provisions of the regulations shall apply in place of the provisions of section 105 (consultation on matters of housing management).

(9)Except as otherwise provided by the regulations, in the case of introductory tenants, the provisions of the regulations shall apply in place of the provisions of section 137 of the Housing Act 1996 (consultation on matters of housing management).

(10)References in this section to the management functions of a local housing authority in relation to houses or land shall be construed in the same way as references to any such functions in section 27.]

Textual Amendments

F90S. 27BA and cross-heading inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. I para. 3(2); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

[F91 Proposals for co-operative management or ownershipE+W

Textual Amendments

F91S. 27C and cross-heading inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 11

F9227C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]E+W

Textual Amendments

F92S. 27C repealed (1.4.1994) by 1993 c. 28, ss. 132(2), 187(2), Sch. 22; S.I. 1994/935, art. 3 (with transitional provisions in art. 3)

Powers of county councilsE+W

28 Reserve powers to provide housing accommodation.E+W

(1)County councils [F93in England] have the following reserve powers in relation to the provision of housing accommodation.

(2)They may undertake any activity for the purposes of, or incidental to, establishing the needs of the whole or a part of the county with respect to the provision of housing accommodation.

(3)If requested to do so by one or more local housing authorities for districts within the county, they may, with the consent of the Secretary of State, undertake on behalf of the authority or authorities the provision of housing accommodation in any manner in which they might do so.

(4)With the approval of the Secretary of State given on an application made by them, they may undertake the provision of housing accommodation in any manner in which a local housing authority for a district within the county might do so.

(5)The Secretary of State shall not give his consent under subsection (3) or his approval under subsection (4) except after consultation with the local housing authorities who appear to him to be concerned; and his consent or approval may be made subject to such conditions and restrictions as he may from time to time specify and, in particular, may include conditions with respect to—

(a)the transfer of the ownership and management of housing accommodation provided by the county council to the local housing authority, and

(b)the recovery by the county council from local housing authorities of expenditure incurred by the county council in providing accommodation.

(6)Before a county council by virtue of subsection (3) or (4) exercise outside the county any power under this Part they shall give notice to the council of the county in which they propose to exercise the power; but failure to give notice does not invalidate the exercise of the power.

Textual Amendments

F93Words in s. 28(1) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(6) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

29 Provision of accommodation for employees of county councils.E+W

(1)A county council may provide houses for persons employed or paid by, or by a statutory committee of, the council.

(2)For that purpose the council may acquire or appropriate land in the same way as a local housing authority may acquire or appropriate land for the purposes of this Part; and land so acquired or appropriated may be disposed of by them in the same way as land held for the purposes of this Part.

Miscellaneous powers of other authorities and bodiesE+W

30 Application of provisions to [F94development] corporations, etc.E+W

(1)The following provisions apply in relation to a [F95development] corporation as they apply in relation to a local housing authority—

  • section 25 (increase of rent where tenancy not secure), and

  • section 26 (financial assistance towards tenants’ removal expenses).

[F96(1A)Section 25 also applies in relation to the new towns residuary body as it applies in relation to a local housing authority.]

F97(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31 Power of bodies corporate to sell or let land for housing purposes.E+W

A body corporate holding land may sell, exchange or lease the land for the purpose of providing housing of any description at such price, or for such consideration, or for such rent, as having regard to all the circumstances of the case is the best that can reasonably be obtained, notwithstanding that a higher price, consideration or rent might have been obtained if the land were sold, exchanged or leased for the purpose of providing housing of another description or for a purpose other than the provision of housing.

Disposal of land held for housing purposesE+W

32 Power to dispose of land held for purposes of this Part.E+W

(1)Without prejudice to the provisions of Part V (the right to buy) F98. . ., a local authority have power by this section, and not otherwise, to dispose of land held by them for the purposes of this Part.

(2)A disposal under this section may be effected in any manner but, subject to subsection (3), shall not be made without the consent of the Secretary of State.

(3)No consent is required for the letting of land under a secure tenancy [F99or an introductory tenancy]or under what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 (tenancies, other than long leases [F99and introductory tenancies], which are not secure).

(4)For the purposes of this section the grant of an option to purchase the freehold of, or any other interest in, land is a disposal and a consent given to such a disposal extends to a disposal made in pursuance of the option.

(5)Sections 128 to 132 of the M5Lands Clauses Consolidation Act 1845 (which require surplus land first to be offered to the original owner and to adjoining land-owners) do not apply to the sale by a local authority of land held by them for the purposes of this Part.

[F100(6)The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.]

Textual Amendments

F98Words in s. 32(1) repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. IX; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F99Words in s. 33(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(d)

Modifications etc. (not altering text)

C22S. 32 extended (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 1(2)(a) (with ss. 56(6), 94(2), 95); S.I. 1993/2134, arts. 2, 5(a).

Marginal Citations

33 Covenants and conditions which may be imposed.E+W

(1)On a disposal under section 32 the local authority may impose such covenants and conditions as they think fit.

(2)But [F101, subject to sections 36A and 37,] a condition of any of the following kinds may be imposed only with the consent of the Secretary of State—

(a)a condition limiting the price or premium which may be obtained on a further disposal of a house;

(b)in the case of a sale, a condition reserving a right of pre-emption;

(c)in the case of a lease, a condition precluding the lessee from assigning the lease or granting a sub-lease.

(3)In subsection (2)(b) a condition reserving a right of pre-emption means a condition precluding the purchaser from selling or leasing the land unless—

(a)he first notifies the authority of the proposed sale or lease and offers to sell or lease the land to them, and

(b)the authority refuse the offer or fail to accept it within one month after it is made.

(4)References in this section to the purchaser or lessee include references to his successors in title and any person deriving title under him or his successors in title.

[F102(5)The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.]

34 Consents under ss. 32 and 33.E+W

(1)This section applies in relation to the giving of the [F103appropriate national body's] consent under section 32 or 33.

(2)Consent may be given—

(a)either generally to all local authorities or to a particular authority or description of authority;

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

(3)Consent may be given subject to conditions.

(4)Consent may, in particular, be given subject to conditions as to the price, premium or rent to be obtained on the disposal including conditions as to the amount by which on the disposal of a house by way of sale or by the grant or assignment of a lease at a premium, the price or premium is to be, or may be, discounted by the local authority.

[F104(4A)The matters to which the [F105appropriate national body] may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include—

(a)the extent (if any) to which the person to whom the proposed disposals is to be made (in this subsection referred to as “the intending purchaser” is, or is likely to be, dependent upon, controlled by or subject to influence from the local autho-rity making the disposal or any members or officers of that authority;

(b)the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accommodation let on tenancies or subject to licences;

(c)the terms of the proposed disposal;

[F106(ca)in the case of a proposed large scale disposal, the appropriate national body's estimate of the exchequer costs of the large scale disposal;] and

(d)any other matters whatsoever which [F107the appropriate national body] considers relevant.

[F108(4AA)The estimate mentioned in subsection (4A)(ca) is to be based on such assumptions (including as to the period during which housing subsidies may be payable) as the appropriate national body may determine, regardless of whether those assumptions are, or are likely to be, borne out by events.

(4AB)In this section—

  • “appropriate national body”—

    (a)

    in relation to England, means the Secretary of State; and

    (b)

    in relation to Wales, means the Welsh Ministers;

  • dwelling-house” has the same meaning as in Part 5 of this Act except that it does not include a hostel or any part of a hostel;

  • the exchequer costs”, in relation to a large scale disposal, means any increase which is or may be attributable to the disposal in the aggregate of any housing subsidies;

  • housing subsidies” means any subsidies payable under—

    (a)

    section 140A of the Social Security Administration Act 1992 (subsidy); or

    (b)

    section 79 of the Local Government and Housing Act 1989 (Housing Revenue Account subsidy);

  • large scale disposal” means a disposal of one or more dwelling-houses by a local authority to a person where—

    (a)

    the number of dwelling-houses included in the disposal; and

    (b)

    the number of dwelling-houses which, in the relevant period, have previously been disposed of by the authority to that person, or that person and any of the person's associates taken together,

    exceeds 499 or, if the appropriate national body by order so provides, such other number as may be specified in the order;

  • long lease” means a lease for a term of years certain exceeding 21 years other than a lease which is terminable before the end of that term by notice given by or to the landlord;

  • the relevant period”, in relation to a large scale disposal means—

    (a)

    the period of 5 years ending with the date of the disposal; or

    (b)

    if the appropriate national body by order so provides, such other period ending with that date as may be specified in the order;

  • subsidiary” has the same meaning as in section 61 of the Housing Act 1996 but as if references in subsection (2) of that section and section 60 of that Act to registered social landlords and landlords were references to housing associations (within the meaning of the Housing Associations Act 1985).

(4AC)For the purposes of this section—

(a)a disposal of any dwelling-house is to be disregarded if at the time of the disposal the local authority's interest in the dwelling-house is or was subject to a long lease;

(b)two persons are associates of each other if—

(i)one of them is a subsidiary of the other;

(ii)they are both subsidiaries of some other person; or

(iii)there exists between them such relationship or other connection as may be specified in a determination made by the appropriate national body; and

(c)a description of an authority may be framed by reference to any circumstances whatever.

(4AD)An order made by the appropriate national body under this section—

(a)is to be made by statutory instrument which—

(i)in the case of an order made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament; and

(ii)in the case of an order made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales;

(b)may make different provision for different cases or descriptions of case, or for different authorities or descriptions of authority; and

(c)may contain such transitional and supplementary provisions as appear to the appropriate national body to be necessary or expedient.

(4AE)A determination under this section—

(a)may make different provision for different cases or descriptions of case, or for different authorities or descriptions of authority; and

(b)may be varied or revoked by a subsequent determination.]

F109(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F11034ARequirements to co-operate in relation to certain disposalsE+W

(1)The appropriate person may make regulations for imposing requirements on a local housing authority in any case where a tenant group serves written notice on the authority proposing that the authority should dispose of particular land held by them for the purposes of this Part, or a particular description of such land, to a relevant housing provider.

(2)The regulations may make provision requiring the authority—

(a)to provide, or finance the provision of, such office accommodation and facilities, and such training, as the tenant group reasonably requires for the purpose of pursuing the proposal;

(b)to arrange for such feasibility studies with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined;

(c)to provide to the tenant group such information or descriptions of information, in connection with the proposal, as may be prescribed in the regulations;

(d)to take, in circumstances prescribed in the regulations, such other steps as may be so prescribed to co-operate with the tenant group in connection with the proposal;

(e)to arrange for such ballots or polls with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined; and

(f)in such circumstances as may be prescribed by the regulations, to enter into an agreement for the disposal.

(3)The regulations may make provision—

(a)for determining the houses and other land to which the disposal should relate, and the amounts which should be paid in respect of the disposal;

(b)requiring the agreement for the disposal to be in such form as may be approved by the appropriate person and to contain such provisions as may be prescribed by the regulations.

(4)The regulations may make such procedural, incidental, supplementary and transitional provisions as may appear to the appropriate person necessary or expedient, and may in particular make provision—

(a)for particular questions arising under the regulations to be determined by the authority or the appropriate person;

(b)setting time-limits for the carrying out of requirements under the regulations;

(c)requiring any person exercising functions under the regulations to act in accordance with any guidance or directions given by the appropriate person.

(5)Nothing in subsections (2) to (4) is to be taken as prejudicing the generality of subsection (1).

(6)Any regulations which provide for the appropriate person to approve a proposal for a local housing authority to dispose of land must ensure that the authority has the opportunity to make representations to the appropriate person before the appropriate person decides whether or not to approve the proposal.

(7)This section does not affect any requirement under section 32 or 33 for the consent of the Secretary of State or the Welsh Ministers.

(8)Regulations under this section—

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

(b)are to be made by statutory instrument which—

(i)in the case of an instrument made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament; and

(ii)in the case of an instrument made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(9)In this section—

  • appropriate person ” means—

    (a)

    in relation to England, the Secretary of State; and

    (b)

    in relation to Wales, the Welsh Ministers;

  • relevant housing provider ” means—

    (a)

    in relation to England, a [F111private registered provider] of social housing; and

    (b)

    in relation to Wales, a registered social landlord; and

  • tenant group ” means a body or other person which satisfies such conditions as may be determined by or under the regulations. ]

35 Repayment of discount on early disposal.E+W

(1)This section applies where, on a disposal of a house under section 32, a discount is given to the purchaser by the local authority in accordance with a consent given by the Secretary of State under subsection (2) of that section; but this section does not apply in any such case if the consent so provides.

(2)On the disposal the conveyance, grant or assignment shall contain a covenant binding on the purchaser and his successors in title [F112to the following effect.]

[F113(3)The covenant shall be to pay to the authority such sum (if any) as the authority may demand in accordance with subsection (4) on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the conveyance, grant or assignment.

(4)The authority may demand such sum as they consider appropriate, up to and including the maximum amount specified in this section.

(5)The maximum amount which may be demanded by the authority 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 under section 32.

(6)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.

(7)Subsections (4) to (6) are subject to section 35A.]

Textual Amendments

F112Words in s. 35(2) substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 195(2)(4), 270(3)(a)

Modifications etc. (not altering text)

[F11435AIncrease in value of house attributable to home improvementsE+W

(1)In calculating the maximum amount which may be demanded by the authority under section 35, 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.]

Textual Amendments

36 Liability to repay is a charge on the premises.E+W

(1)The liability that may arise under the covenant required by section 35 is a charge on the house, taking effect as if it had been created by deed expressed to be by way of legal mortgage.

[F115(2)Subject to subsections (2A) and (2B), the charge 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.

(2A)The following, namely—

(a)any advance which is made otherwise than for the purpose mentioned in subsection (2)(b) and is secured by a legal charge having priority to the charge taking effect by virtue of this section, and

(b)any further advance which is so secured,

shall rank in priority to that charge if, and only if, the local authority by written notice served on the institution concerned gives their consent; and the local authority shall so give their consent if the purpose of the advance or further advance is an approved purpose.

(2B)The local authority may at any time by written notice served on an approved lending institution postpone the charge taking effect by virtue of this section to any 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 local authority shall serve such a notice if the purpose of the advance or further advance is an approved purpose.]

(3)F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F117(3A)The covenant required by section 35 (covenant for repayment of discount) 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 this section, or a person deriving title under him; and 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 the covenant.]

(4)The approved lending institutions for the purposes of this section are—

  • [F118an authorised deposit taker

  • an authorised insurer]

  • [F119an authorised mortgage lender.]

[F120(5)The approved purposes for the purposes of this section are—

(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 this section,

(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.

(6)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.]

Textual Amendments

F115S. 36(2),(2A),(2B) substituted (11.10.1993) for s. 36(2) by 1993 c. 28, s. 133(1); S.I. 1993/2134, arts. 2, 4(b) (with Sch. 1 para. 7).

F117S. 36(3A) inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1)(a), Sch. 5 Pt. I para. 1(1)(5)

F118Words in s. 36(4) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 299(2)

[F12136ARight of first refusal for local authorityE+W

(1)This section applies where, on a disposal of a house under section 32, a discount is given to the purchaser by the local authority in accordance with a consent given by the Secretary of State under subsection (2) of that section; but this section does not apply in any such case if the consent so provides.

(2)On the disposal the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.

(3)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.

(4)In subsection (3) “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.

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

(a)a local authority which have 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 (6) made to them or him for such consideration as is mentioned in section 36B.

(6)The disposals within this subsection are—

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

(b)a surrender or assignment of the lease.

(7)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.

(8)In subsection (7) 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 (5).

(9)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.

(10)The limitation imposed by a covenant within subsection (3) is a local land charge.

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

Textual Amendments

36BConsideration payable for disposal under section 36AE+W

(1)The consideration for a disposal made in respect of a right of first refusal as mentioned in section 36A(5) 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 35 (repayment of discount on early disposal) would be discharged by the vendor.

(3)If the offer is accepted in accordance with regulations under section 36A, 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 36A).]

Textual Amendments

37 Restriction on disposal of dwelling-houses in National Parks, etc.E+W

(1)Where a conveyance, grant or assignment executed under section 32 is of a house situated in—

(a)a National Park.

(b)an area designated under [F122section 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 (which makes provision in relation to disposals in pursuance of the right to buy corresponding to that made by this section),

the conveyance, grant or assignment may (unless it contains a condition of a kind mentioned in section 33(2)(b) or (c) (right of pre-emption or restriction on assignment) [F123or a covenant as mentioned in section 36A(3)(right of first refusal for local authority)]) contain a covenant 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 in the manner specified below.

(2)The limitation is that until such time (if any) as may be notified in writing by the local authority to the purchaser or a successor in title of his

[F124(a), there will be no relevant disposal which is not an exempted disposal without the written consent of the authority; but that consent shall not be withheld if the disposal is to a person satisfying the condition stated in subsection (3)][F125and

(b)there will be no disposal by way of tenancy or licence without the written consent of the authority unless the disposal is to a person satisfying that condition or by a person whose only or principal home is and, throughout the duration of the tenancy or licence,remains the house].

(3)The condition is that 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 [F126or, in the case of a disposal by way of tenancy or licence, preceding the disposal]

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

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

or has had the one in part or parts of that period and the other in the remainder; but the region need not have been the same throughout the period.

(4)A disposal in breach of such a covenant as is mentioned in subsection (1) is void [F127and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the local authority as if—

(a)the authority were possessed of land adjacent to the house concerned; and

(b)the covenant were expressed to be made for the benefit of such adjacent land].

[F128(4A)Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal.]

(5)The limitation imposed by such a covenant is a local land charge.

[F129(5A)Where the Chief Land Registrar approves an application for registration of—

(a)a disposition of registered land, or

(b)the disponee’s title under a disposition of unregistered land,

and the instrument effecting the disposition contains a covenant of the kind mentioned in subsection (1), he must enter in the register a restriction reflecting the limitation imposed by the covenant]

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

Textual Amendments

F122Words in s. 37(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. 8 (with s. 84(4)-(6)), S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)

F125Word “and” and s. 37(2)(b) added by Housing Act 1988 (c. 50, SIF 61), s. 125(2)(6)

F127Words and s. 37(4)(a)(b) added by Housing Act 1988 (c. 50, SIF 61), s. 125(4)(6)

F129S. 37(5A) substituted (13.10.2003) for words in s. 37(5) by 2002 c. 9, ss. 133, 136(2), Sch. 11 para. 18(2) (with s. 129); S.I. 2003/1725, art. 2(1)

38 Relevant disposals.E+W

(1)A disposal, whether of the whole of part of the house, is a relevant disposal for the purposes of this Part if it is—

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

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

(2)For the purposes of subsection (1)(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.

39 Exempted disposals.E+W

(1)A disposal is an exempted disposal for the purposes of this Part 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 (2));

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

[F130(c)it is a disposal of the whole of the house in pursuance of any such order as is mentioned in subsection (3);]

(d)it is a compulsory disposal; or

(e)the property disposed of is property included with the house by virtue of the defintiion of “house” in section 56 (yard, garden, outhouses, &c.).

(2)For the purposes of subsection (1)(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 [F131, 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.

[F132(3)The orders referred to in subsection (1)(c) are orders under—

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

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

(c)section 17 of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.), F133. . .

(d)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) [F134, 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.).]]

Textual Amendments

F130S. 39(1)(c) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. I para. 8(2); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F132S. 39(3) added (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. I para. 8(3); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

[F13539ATreatment of deferred resale agreements for purposes of section 35E+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 35 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, under section 32,

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

(c)under which a relevant disposal (other than 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—

  • agreement” includes arrangement;

  • the discount repayment period” means the period of 3 years that applies for the purposes of section 35(2) or the period of five years that applies for the purposes of section 35(3)(depending on whether an offer such as is mentioned in section 195(4) of the Housing Act 2004 was made before or on or after the coming into force of that section).]

Textual Amendments

40 Meaning of “compulsory disposal”.E+W

In this Part a “compulsory disposal” means 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.

41 Exempted disposals which end liability under covenants.E+W

Where there is a relevant disposal which is an exempted disposal by virtue of section 39(1)(d) or (e) (compulsory disposal or disposal of yard, garden, &c.)—

(a)the covenant required by section 35 (repayment of discount on early disposal) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant and the charge taking effect by virtue of section 36 (liability to repay a charge on the premises) cease to apply in relation to the property disposed of, and

[F136(aa)the covenant required by section 36A (right of first refusal for local authority) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant ceases to apply in relation to the property disposed of, and]

(b)any such covenant as is mentioned in section 37 (restriction on disposal of houses in National Parks, etc.) ceases to apply in relation to the property disposed of.

Textual Amendments

42 Treatment of options.E+W

(1)For the purposes of this Part 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 37(2) (requirement of consent to disposal of house in National Park etc.) a consent to such a grant shall be treated as a consent to a disposal made in pursuance of the option.

43 Consent required for certain disposals not within s. 32.E+W

(1)The consent of the [F137appropriate national body] is required for the disposal by a local authority, otherwise than in pursuance of Part V (the right to buy) F138. . ., of a house belonging to the authority—

(a)which is let on a secure tenancy [F139or an introductory tenancy], or

(b)of which a lease has been granted in pursuance of Part V,

but which has not been acquired or appropriated by the authority for the purposes of this Part.

(2)Consent may be given—

(a)either generally to all local authorities or to any particular local authority or description of authority, and

(b)either generally in relation to all houses or in relation to any particular house or description of house.

(3)Consent may be given subject to conditions.

(4)Consent may, in particular, be given subject to conditions as to the price, premium or rent to be obtained on a disposal of the house, including conditions as to the amount by which, on a disposal of the house by way of sale or by the grant or assignment of a lease at a premium, the price or premium is to be, or may be, discounted by the local authority.

[F140(4A)The matters to which the [F141appropriate national body] may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include—

(a)the extent (if any) to which the person to whom the proposed disposal is to be made (in this subsection referred to as “the intending purchaser”) is, or is likely to be, dependent upon, controlled by or subject to influence from the local autho-rity making the disposal or any members or officers of that authority;

(b)the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accommodation let on tenancies or subject to licences;

(c)the terms of the proposed disposal;

[F142(ca)in the case of a proposed disposal which is part of a proposed large scale disposal, the appropriate national body's estimate of the exchequer costs of the large scale disposal;] and

(d)any other matters whatsoever which [F143the appropriate national body] considers relevant.

[F144(4AA)The estimate mentioned in subsection (4A)(ca) is to be based on such assumptions (including as to the period during which housing subsidies may be payable) as the appropriate national body may determine, regardless of whether those assumptions are, or are likely to be, borne out by events.

(4AB)Subsections (4AB) to (4AE) of section 34 apply for the purposes of this section as they apply for the purposes of that section.]

F145(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5)For the purposes of this section the grant of an option to purchase the freehold of, or any other interest in, a house to which this section applies is a disposal and a consent given under this section to such a disposal extends to a disposal made in pursuance of the option.

F146[(5A)References in this section [F147(other than in subsection (4A)(ca) and in subsections (4AB) to (4AE) of section 34 as applied for the purposes of this section)] and in section 44 to a local authority shall include references to a National Park authority.]

[F148(6)The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.]

Textual Amendments

F138Words in s. 43(1) repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. IX; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F139Words in s. 43(1)(a) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(e)

F140S. 43(4A)(4B) inserted (retrospectively 9.6.1988) by Housing Act 1988 (c. 50, SIF 61), s. 132(1)(2)(8)

Modifications etc. (not altering text)

C30S. 43 extended (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 1(2)(a) (with ss. 56(6), 94(2), 95); S.I. 1993/2134, arts. 2, 5(a).

Ss. 43, 44 extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 21(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

C31Ss. 43, 44 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(a)

C33S. 43(2)(b)(3) extended by Housing Act 1988 (c. 50, SIF 61), s.133(3)(b)

44 Avoidance of certain disposals of houses without consent.E+W

(1)A disposal of a house by a local authority made without the consent required by section 32 or 43 is void, unless—

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

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

(2)Subsection (1) has effect notwithstanding section 29 of the M6Town and Country Planning Act 1959 and section 128(2) of the M7Local Government Act 1972 (protection of purchasers dealing with authority).

(3)In this section “house” does not have the extended meaning applicable by virtue of the definition of “housing accommodation” in section 56, but includes a flat.

Restriction on service chargesE+W

[F149 45 Disposals in relation to which ss. 46 to 51 apply, etc. payable after disposal of houseE+W

(1)The following provisions of this Part down to section 51 (restrictions on, and provision of information about, services charges) apply where—

[F150(a)the freehold of a house has been conveyed by a public sector authority; and

(b)the conveyance enabled the vendor to recover from the purchaser a service charge.]

( 2 )In subsection (1)(a)—

  • F151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • public sector authority ” means—

    • a local authority,

    • [F152a National Park authority]

    • a [F153development] corporation,

    • an urban development corporation,

    • [F154a Mayoral development corporation,]

    • [F155the Homes and Communities Agency,]

    • [F156the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions,]

    • [F155the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981,

    • [F157a housing action trust]

    • F158 . . .

    • [F159[F160Regulator of Social Housing] or Scottish Homes]

      [F161a non-profit registered provider of social housing,]

    • a [F162registered social landlord].

F163 [( 2A ) In subsection (1)(a) “ public sector authority ” also includes the [F164 Welsh Ministers if the freehold has been conveyed by them (or by the Assembly constituted by the Government for Wales Act 1998, the Secretary of State ] or Housing for Wales) under section 90 of the M8 Housing Associations Act 1985. ]

[F165(2B)In subsection (1)(a) “public sector authority” also includes a profit-making registered provider of social housing in respect of any house which, before the conveyance, was social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.]

(3)The following provisions—

  • section 170 (power of Secretary of State to given assistance in connection with legal proceedings), and

  • section 181 (jurisdiction of county court),

apply to proceedings and questions arising under this section and sections 46 to 51 as they apply to proceedings and questions arising under Part V (the right to buy).]]

Textual Amendments

F149Ss. 45, 47, 48, 50, 51 repealed in relation to dwellings let on long leases by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41(2)

F150S. 45(1)(a)(b) substituted for s. 45(1)(a)–(c) by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 61(1), Sch. 4 para. 4(a)

F152Words in s. 45(2)(b) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 24(2), (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F154Words in s. 45(2) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 10

F156Words in s. 45(2) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 12; S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F158Words in s. 45(2) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F159Words in s. 45(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 8(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F162Words in s. 45(2) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(4)

F163S. 45(2A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 8(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C40Ss. 45-51 extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 21(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

C42Ss. 45-51 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(b)

Marginal Citations

F16646. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F16747 Limitation of service charges.E+W

(1)Relevant costs shall be taken into account in determining the amount of a service charge payable for a period—

(a)only to the extent that they are reasonably incurred, and

(b)where they are incurred on the provision of services or the carrying out of works, only if the services or works are of a reasonable standard;

and the amount payable shall be limited accordingly.

(2)Where the service charge is payable before the relevant costs are incurred, no greater amount than is reasonable is so payable and after the relevant costs have been incurred any necessary adjustment shall be made by repayment, reduction of subsequent charges or otherwise.

(3)An agreement by the payer (other than an arbitration agreement within the meaning of [F168Part I of the Arbitration Act 1996]) is void in so far as it purports to provide for a determination in a particular manner or on particular evidence of any question—

(a)whether an amount payable before costs for services, repairs, maintenance, insurance or management are incurred is reasonable,

(b)whether such costs were reasonably incurred, or

(c)whether services or works for which costs were incurred are of a reasonable standard.

[F169(4)Where relevant costs are incurred or to be incurred on the carrying out of works in respect of which a grant has been or is to be paid under [F170section 523 of the Housing Act 1985 (assistance for provision of separate service pipe for water supply) or any provision of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants, &c. for renewal of private sector housing) or any corresponding earlier enactment], the amount of the grant shall be deducted from the costs and the amount of the service charge payable shall be reduced accordingly.]]

Textual Amendments

F167Ss. 45, 47, 48, 50, 51 repealed in relation to dwellings let on long leases by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41(2)

F168Words in s. 47(3) substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 42 (with s. 81(2)); S.I. 1996/3146, arts. 2, 4 (with transitional provisions in Sch. 2)

F170Words in s. 47(4) substituted (17.12.1996) by 1996 c. 53, s. 103, Sch. 1 para. 2; S.I. 1996/2842, art. 3

Modifications etc. (not altering text)

C47Ss. 45-51 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(b)

[F17148 Information as to relevant costs.E+W

(1)The payer may require the payee in writing to supply him with a written summary of the costs incurred—

(a)if the relevant accounts are made up for periods of twelve months, in the last such period ending not later than the date of the request, or

(b)if the accounts are not so made up, in the period of twelve months ending with the date of the request,

and which are relevant to the service charges payable or demanded as payable in that or any other period.

(2)The payee shall comply with the request within one month of the request or within six months of the end of the period referred to in subsection (1)(a) or (b), whichever is the later.

(3)The summary shall set out those costs in a way showing how they are or will be reflected in demands for service charges and must be certified by a qualified accountant as in his opinion a fair summary complying with this requirement and as being sufficiently supported by accounts, receipts and other documents which have been produced to him.

[F172(3A)The summary shall also state whether any of the costs relate to works in respect of which a grant has been or is to be paid under [F173section 523 of the Housing Act 1985 (assistance for provision of separate service pipe for water supply) or any provision of Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing) or any corresponding earlier enactment].]

(4)Where the payer has obtained such a summary as is referred to in subsection (1) (whether in pursuance of this section or otherwise, he may within six months of obtaining it require the payee in writing to afford him reasonable facilities—

(a)for inspecting the accounts, receipts and other documents supporting the summary, and

(b)for taking copies of extracts from them,

and the payee shall then make such facilities available to the payer for a period of two months beginning not later than one month after the request is made.

(5)A request under this section shall be deemed to be served on the payee if it is served on a person who receives the service charge on behalf of the payee; and a person on whom a request is so served shall forward it as soon as possible to the payee.

(6)A disposal of the house by the payer does not affect the validity of a request made under this section before the disposal; but a person is not obliged to provide a summary or make the facilities available more than once for the same house and for the same period.]

F17449. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F17550 Offences.E+W

(1)If a person fails without reasonable excuse to perform a duty imposed on him by section 48 . . . F176 (provision of information, &c.), he commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

(2)Subsection (1) does not apply where the payee is—

  • a local authority F177. . . ,

  • a [F178development] corporation, F179. . .

  • [F180or

    the Welsh Ministers]]

  • F179. . ..

Textual Amendments

F175Ss. 45, 47, 48, 50, 51 repealed in relation to dwellings let on long leases by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41(2)

Modifications etc. (not altering text)

C53Ss. 45-51 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(b)

[F18151 Meaning of “qualified accountant”.E+W

(1)The reference to a “qualified accountant” in section 48(3) (certification of summary of information about relevant costs) is to a person who, in accordance with the following provisions, has the necessary qualification and is not disqualified from acting.

[F182(2)a person has the necessary qualification only if he is eligible for appointment as a [F183statutory auditor under Part 42 of the Companies Act 2006].]

(4)The following are disqualified from acting—

[F184(a)where the payee is a company, the payee or any associated company of the payee;]

(b)an officer or employee of the payee or, where the payee is a company, of an associated company;

(c)a person who is a partner or employee of any such officer or employee.

(5)For the purposes of [F185subsection (4)(a) and (b).] a company is associated with the payee company if it is (within the meaning of [F186section 1159 of the Companies Act 2006]) the payee’s holding company or subsidiary or is a subsidiary of the payee’s holding company.

(6)Where the payee is a local authority [F187or a [F188development] corporation]

(a)the persons who have the necessary qualification include members of the Chartered Institute of Public Finance and Accountancy, and

(b)subsection (4)(b) (disqualification of officers and employees) does not apply.]

Textual Amendments

F181Ss. 45, 47, 48, 50, 51 repealed in relation to dwellings let on long leases by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41(2)

F182S. 51(2) substituted (1.10.1991) for s. 51(2)(3) by S.I. 1991/1997, reg. 2, Sch. para. 58(a)

F185Words in s. 51(5) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 58(c)

F186Words in s. 51(5) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I. 2009/1941), art. 2(1), {Sch. 1 para. 62(4)} (with art. 10)

F187Words in s. 51(6) substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 9 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

Modifications etc. (not altering text)

C55Ss. 45-51 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(b)

MiscellaneousE+W

52 Compliance with minimum standards in erection of houses.E+W

A local housing authority by whom a house is erected under the enactments relating to housing, whether with or without financial assistance from the government, shall secure—

F189(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)that, in except in so far as the Secretary of State may, in a particular case, dispense with the observance of this paragraph, the house is provided with a fixed bath in a bathroom.

53 Prefabs deemed to be houses provided under this Part.E+W

(1)This section applies to prefabs, that is to say structures made available to a local authority under section 1 of the M9Housing (Temporary Accommodation) Act 1944 (“the 1944 Act”).

(2)For the purposes of this Act prefabs shall be deemed to be houses provided by the local housing authority under this Part.

(3)A prefab and the land on which it is situated may, if immediately before the repeal of the 1944 Act (on 25th August 1972) it was deemed to be land acquired for the purposes of Part V of the M10Housing Act 1957, be appropriated or disposed of by the local housing authority in the same way as any other land acquired or deemed to be acquired for the purposes of this Part.

(4)The provisions of this section do not affect any obligation of a local housing authority to another person as respects the removal or demolition of a prefab.

(5)References in this section to a prefab include fittings forming part of it.

Marginal Citations

Supplementary provisionsE+W

54 Powers of entry.E+W

(1)A person authorised by a local housing authority or the Secretary of State may, at any reasonable time, on giving 24 hours’ notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of survey and examination—

(a)where it appears to the authority or Secretary of State that survey or examination is necesary in order to determine whether any powers under this Part should be exercised in respect of the premises, or

(b)in the case of premises which the authority are authorised by this Part to purchase compulsorily.

(2)An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised [F190and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf].

55 Penalty for obstruction.E+W

(1)It is a summary offence [F191intentionally] to obstruct an officer of the local housing authority, or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.

(2)A person who commits such an offence is liable on conviction to a fine not exceeding [F192level 3] on the standard scale.

56 Minor definitions.E+W

[F193(1)]In this Part—

  • house” includes any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it;

  • housing accommodation” includes flats, lodging-houses and hostels, and “house” shall be similarly construed;

  • [F194“introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996;]

  • lodging-houses” means houses not occupied as separate dwellings;

  • member of family” in relation to a person, has the same meaning as in Part V (the right to buy);

  • owner”, in relation to premises—

(a)means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, and

(b)includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years.

  • [F195“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.]

[F196(2)For the purposes of this Part, something is within the remit of the Regulator of Social Housing if it is related to or affects the provision of social housing by a local housing authority, or county council, in England.]

57 Index of defined expressions: Part II.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 or paragraph):—

banksection 622
building societysection 622
compulsory disposalsection 40
F197. . .F197. . .
development corporationsection 4(c)
district (of a local housing authority)section 2(1)
exempted disposalsection 39
family (member of)sections 56 and 186
friendly societysection 622
hostelsection 622
housesection 56
housing accommodationsection 56
housing associationsection 5(1)
Housing Revenue Accountsection 417
insurance companysection 622
[F198introductory tenancy][F198section 56]
leasesection 621
local authoritysection 4(e)
local housing authoritysections 1, 2(2)
local housing authority’s housessection 20
lodging-housessection 56
[F199new towns residuary bodysection 4(1)(g)]
ownersection 56
payee and payer (in relation to a service charge)[F200section 621A]
qualified accountant (for the purposes of section 48(3))section 51
[F201registered social landlord][F201section 5(4) and (5).]
relevant costs (in relation to a service charge)[F200section 621A] (2), (3)
relevant disposalsection 38 (and see section 452(3))
secure tenancysection 79
service charge[F200section 621A] (1)
shared ownership leasesection 622
standard scale (in reference to the maximum fine on summary conviction)section 622
streetsection 622
tenancy and tenantsection 621
trustee savings banksection 622
urban development corporationsection 4(d)

F202PART IIIE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F202Pt. III (ss. 58-78) repealed (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2 (subject to transitional provision in Sch. para. 1)

Main definitionsE+W

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of local housing authorities with respect to homelessness and threatened homelessnessE+W

62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Administrative provisionsE+W

71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance for voluntary organisationsE+W

73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisionsE+W

74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IVE+W SECURE TENANCIES AND RIGHTS OF SECURE TENANTS

Modifications etc. (not altering text)

C62Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)

C63Pt. IV (ss. 79-117) extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(3)(6) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (subject to transitional provisions in art. 4(b)(c))

Security of tenureE+W

79 Secure tenancies.E+W

(1)A tenancy under which a dwelling-house is let as a separate dwelling is a secure tenancy at any time when the conditions described in sections 80 and 81 as the landlord condition and the tenant condition are satisfied.

(2)Subsection (1) has effect subject to—

(a)the exceptions in Schedule 1 (tenancies which are not secure tenancies),

(b)sections 89(3) and (4) and 90(3) and (4) (tenancies ceasing to be secure after death of tenant), and

(c)sections 91(2) and 93(2) (tenancies ceasing to be secure in consequence of assignment of subletting).

(3)The provisions of this Part apply in relation to a licence to occupy a dwelling-house (whether or not granted for a consideration) as they apply in relation to a tenancy.

(4)Subsection (3) does not apply to a licence granted as a temporary expedient to a person who entered the dwelling-house or any other land as a trespasser (whether or not, before the grant of that licence, another licence to occupy that or another dwelling-house had been granted to him).

80 The landlord condition.E+W

(1)The landlord condition is that the interest of the landlord belongs to one of the following authorities or bodies—

  • a local authority,

  • a [F214development] corporation,

  • [F215a housing action trust]

  • [F216 a Mayoral development corporation, ]

  • an urban development corporation, [F217in the case of a tenancy falling within subsections (2A) to (2E), the Homes and Communities Agency[F218 , the Greater London Authority] or the Welsh Ministers (as the case may be), ]

  • F219. . .

  • F220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . housing co-operative to which this section applies.

F222(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F223(2A)A tenancy falls within this subsection if the interest of the landlord is transferred to—

(a)the Homes and Communities Agency as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008,

[F224(aa)the Greater London Authority as mentioned in section 333ZI(2)(a) to (d) of the Greater London Authority Act 1999, or]

(b)the Welsh Ministers as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

(2B)A tenancy falls within this subsection if it is entered into pursuant to a contract under which the rights and liabilities of the prospective landlord are transferred to the Homes and Communities Agency[F225, the Greater London Authority] or the Welsh Ministers as mentioned in subsection (2A)(a)[F226, (aa) ] or (b) (as the case may be).

(2C)A tenancy falls within this subsection if it is granted by the Homes and Communities Agency[F227 , the Greater London Authority] or the Welsh Ministers to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant of the Homes and Communities Agency[F227 , the Greater London Authority] or the Welsh Ministers (as the case may be).

(2D)A tenancy falls within this subsection if—

(a)it is granted by the Homes and Communities Agency[F228, the Greater London Authority] or the Welsh Ministers to a person (alone or jointly with others),

(b)before the grant of the tenancy, an order for possession of a dwelling-house let under a secure tenancy was made against the person (alone or jointly with others) and in favour of the Homes and Communities Agency[F228, the Greater London Authority] or the Welsh Ministers (as the case may be) on the court being satisfied as mentioned in section 84(2)(b) or (c), and

(c)the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied.

(2E)A tenancy falls within this subsection if it is granted by the Homes and Communities Agency[F229 , the Greater London Authority] or the Welsh Ministers pursuant to an obligation under section 554(2A).]

(3)If a co-operative housing association ceases to be[F230a private registered provider of social housing or] [F231a registered social landlord], it shall, within the period of 21 days beginning with the date on which it ceases to be [F232such a body], notify each of its tenants who thereby becomes a secure tenant, in writing, that he has become a secure tenant.

[F233(4)This section applies to a housing co-operative within the meaning of section 27B (agreements under certain superseded provisions) where the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section.]

[F234(5)In this Act and in any provision made under this Act, or made by or under any other enactment, a reference to—

(a)a person within section 80 or 80(1) of this Act, or

(b)a person who satisfies the landlord condition under this section,

includes a reference to the Homes and Communities Agency[F235 , to the Greater London Authority] or to the Welsh Ministers so far as acting in their capacity as landlord (or, in the case of disposals, former landlord) in respect of a tenancy which falls within subsections (2A) to (2E) above but, subject to this, does not include the Homes and Communities Agency[F236, the Greater London Authority ] or the Welsh Ministers.

(6)Subsection (5)—

(a)applies whether the person is described as an authority, body or landlord or in any other way and whether the reference is otherwise expressed in a different way, and

(b)is subject to any provision to the contrary.]

Textual Amendments

F215Words in s. 80(1) inserted by Housing Act 1988 (c. 50, SIF 61), s. 83(2)

F216Words in s. 80(1) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 11

F218Words in s. 80(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(2); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F219Words in s. 80(1) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F221Words in s. 80(1) repealed by Housing Act 1988 (c.50, SIF 61), s. 140(2), Sch. 18, note 4

F222S. 80(2) repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18, note 4 and s. 80(2) as so saved amended (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(8)(a)

F224S. 80(2A)(aa) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(3); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F225Words in s. 80(2B) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(4)(a); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F226Words in s. 80(2B) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(4)(b); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F227Words in s. 80(2C) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(5); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F228Words in s. 80(2D) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(6); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F229Words in s. 80(2E) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(7); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F231Words in s. 80(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(8)(b)

F235Words in s. 80(5) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(8)(a); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F236Words in s. 80(5) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(8)(b); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

Modifications etc. (not altering text)

C64S. 80 modified (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 12(6)(a)(9); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C65S. 80 modified (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 4(6)(a); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

81 The tenant condition.E+W

The tenant condition is that the tenant is an individual and occupies the dwelling-house as his only or principal home; or, where the tenancy is a joint tenancy, that each of the joint tenants is an individual and at least one of them occupies the dwelling-house as his only or principal home.

82 Security of tenure.E+W

(1)A secure tenancy which is either—

(a)a weekly or other periodic tenancy, or

(b)a tenancy for a term certain but subject to termination by the landlord,

cannot be brought to an end by the landlord except [F237as][F238mentioned in subsection (1A)] .

[F239(1A)The tenancy may be brought to an end by the landlord—

(a)obtaining—

(i)an order of the court for the possession of the dwelling-house, and

(ii)the execution of the order,

(b)obtaining an order under subsection (3), or

(c)obtaining a demotion order under section 82A.

(2)In the case mentioned in subsection (1A)(a), the tenancy ends when the order is executed.]

(3)Where a secure tenancy is a tenancy for a term certain but with a provision for re-entry or forfeiture, the court shall not order possession of the dwelling-house in pursuance of that provision, but in a case where the court would have made such an order it shall instead make an order terminating the tenancy on a date specified in the order and section 86 (periodic tenancy arising on termination of fixed term) shall apply.

(4)Section 146 of the M15Law of Property Act 1925 (restriction on and relief against forfeiture), except subsection (4) (vesting in under-lessee), and any other enactment or rule of law relating to forfeiture, shall apply in relation to proceedings for an order under subsection (3) of this section as if they were proceedings to enforce a right of re-entry or forfeiture.

Textual Amendments

F238Words in s. 82(1) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

Marginal Citations

[F24082ADemotion because of anti-social behaviourE+W

(1)This section applies to a secure tenancy if the landlord is—

(a)a local housing authority;

(b)a housing action trust;

[F241(ba)a private registered provider of social housing;]

(c)a registered social landlord.

(2)The landlord may apply to a county court for a demotion order.

(3)A demotion order has the following effect—

(a)the secure tenancy is terminated with effect from the date specified in the order;

(b)if the tenant remains in occupation of the dwelling-house after that date a demoted tenancy is created with effect from that date;

(c)it is a term of the demoted tenancy that any arrears of rent payable at the termination of the secure tenancy become payable under the demoted tenancy;

(d)it is also a term of the demoted tenancy that any rent paid in advance or overpaid at the termination of the secure tenancy is credited to the tenant’s liability to pay rent under the demoted tenancy.

(4)The court must not make a demotion order unless it is satisfied—

(a)that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to [F242 engage in—

(i)housing-related anti-social conduct, or

(ii)conduct to which section 153B of the Housing Act 1996 (use of premises for unlawful purposes) applies, and]

(b)that it is reasonable to make the order.

(5)Each of the following has effect in respect of a demoted tenancy at the time it is created by virtue of an order under this section as it has effect in relation to the secure tenancy at the time it is terminated by virtue of the order—

(a)the parties to the tenancy;

(b)the period of the tenancy;

(c)the amount of the rent;

(d)the dates on which the rent is payable.

(6)Subsection (5)(b) does not apply if the secure tenancy was for a fixed term and in such a case the demoted tenancy is a weekly periodic tenancy.

(7)If the landlord of the demoted tenancy serves on the tenant a statement of any other express terms of the secure tenancy which are to apply to the demoted tenancy such terms are also terms of the demoted tenancy.

[F243(7A) In subsection (4)(a) “ housing-related anti-social conduct ” has the same meaning as in section 153A of the Housing Act 1996. ]

(8)For the purposes of this section a demoted tenancy is—

(a)a tenancy to which section 143A of the Housing Act 1996 applies if the landlord of the secure tenancy is a local housing authority or a housing action trust;

(b)a tenancy to which section 20B of the Housing Act 1988 applies if the landlord of the secure tenancy is [F244a private registered provider of social housing or] a registered social landlord.]

Textual Amendments

F240S. 82A inserted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(2), 93(2); S.I. 2004/1502, s. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

F242S. 82A(4)(a): paras. (i)(ii) and preceding words substituted (6.4.2007 for E. and otherwise prosp.) for words by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 12(2); S.I. 2007/709, art. 4(c)(d) (subject to art. 8)

F243S. 82A(7A) inserted (6.4.2007 for E. and otherwise prosp.) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 12(3); S.I. 2007/709, art. 4(c)(d) (subject to art. 8)

[F24583 Proceedings for possession or termination: notice requirements.E+W

(1)The court shall not entertain proceedings for [F246an order mentioned in section 82(1A)][F247, other than proceedings under section 107D (recovery of possession on expiry of flexible tenancy),] unless—

(a)the landlord has served a notice on the tenant complying with the provisions of this section, or

(b)the court considers it just and equitable to dispense with the requirement of such a notice.

(2)A notice under this section shall—

(a)be in a form prescribed by regulations made by the Secretary of State,

(b)specify the ground on which the court will be asked to make [F248the order] and

(c)give particulars of that ground.

(3)Where the tenancy is a periodic tenancy and the ground or one of the grounds specified in the notice is Ground 2 in Schedule 2 (nuisance or other anti-social behaviour), the notice—

(a)shall also—

(i)state that proceedings for the possession of the dwelling-house may be begun immediately, and

(ii)specify the date sought by the landlord as the date on which the tenant is to give up possession of the dwelling-house, and

(b)ceases to be in force twelve months after the date so specified.

(4)Where the tenancy is a periodic tenancy and Ground 2 in Schedule 2 is not specified in the notice, the notice—

(a)shall also specify the date after which proceedings for the possession of the dwelling-house may be begun, and

(b)ceases to be in force twelve months after the date so specified.

[F249(4A)If the proceedings are for a demotion order under section 82A the notice—

(a)must specify the date after which the proceedings may be begun;

(b)ceases to be in force twelve months after the date so specified.]

(5)The date specified in accordance with subsection (3) [F250(4) or (4A)] must not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this section.

(6)Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and subsections (3) to (5) of this section do not apply to the notice.

(7)Regulations under this section shall be made by statutory instrument and may make different provision with respect to different cases or descriptions of case, including different provision for different areas.]

Textual Amendments

F245Ss. 83, 83A substituted for s. 83 (1.10.1996 for specified purposes and 4.2.1997 otherwise) by 1996 c. 52, s. 147(1); S.I. 1996/2402, art. 4; S.I. 1997/66, art. 2 (subject to savings in Sch.)

F246Words in s. 83(1) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I.2005/1225, art. 2(b)

F247Words in s. 83(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 155(1), 240(2); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F248Words in s. 83(2)(b) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

F249S. 83(4A) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I.2005/1225, art. 2(b)

F250Words in s. 83(5) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

[F25183A Additional requirements in relation to certain proceedings for possession.E+W

(1)Where a notice under section 83 has been served on a tenant containing the information mentioned in subsection (3)(a) of that section, the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun at a time when the notice is still in force.

(2)Where—

(a)a notice under section 83 has been served on a tenant, and

(b)a date after which proceedings may be begun has been specified in the notice in accordance with subsection (4)(a) of that section,

the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun after the date so specified and at a time when the notice is still in force.

(3)Where—

(a)the ground or one of the grounds specified in a notice under section 83 is Ground 2A in Schedule 2 (domestic violence), and

(b)the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house,

the court shall not entertain proceedings for the possession of the dwelling-house unless it is satisfied that the landlord has served a copy of the notice on the partner who has left or has taken all reasonable steps to serve a copy of the notice on that partner.

This subsection has effect subject to subsection (5).

(4)Where—

(a)Ground 2A in Schedule 2 is added to a notice under section 83 with the leave of the court after proceedings for possession are begun, and

(b)the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings,

the court shall not continue to entertain the proceedings unless it is satisfied that the landlord has served a notice under subsection (6) on the partner who has left or has taken all reasonable steps to serve such a notice on that partner.

This subsection has effect subject to subsection (5).

(5)Where subsection (3) or (4) applies and Ground 2 in Schedule 2 (nuisance or other anti-social behaviour) is also specified in the notice under section 83, the court may dispense with the requirements as to service in relation to the partner who has left the dwelling-house if it considers it just and equitable to do so.

(6)A notice under this subsection shall—

(a)state that proceedings for the possession of the dwelling-house have begun,

(b)specify the ground or grounds on which possession is being sought, and

(c)give particulars of the ground or grounds.]

Textual Amendments

F251Ss. 83, 83A substituted for s. 83 (1.10.1996 for specified purposes and 4.2.1997 otherwise) by 1996 c. 52, s. 147(1); S.I. 1996/2402, art. 4; S.I. 1997/66, art. 2 (subject to savings in Sch.)

84 Grounds and orders for possession.E+W

(1)The court shall not make an order for the possession of a dwelling-house let under a secure tenancy except on one or more of the grounds set out in Schedule 2 [F252or in accordance with section 107D (recovery of possession on expiry of flexible tenancy)].

(2)The court shall not make an order for possession—

(a)on the grounds set out in Part I of that Schedule (grounds 1 to 8), unless it considers it reasonable to make the order,

(b)on the grounds set out in Part II of that Schedule (grounds 9 to 11), unless it is satisfied that suitable accommodation will be available for the tenant when the order takes effect,

(c)on the grounds set out in Part III of that Schedule (grounds 12 to 16), unless it both considers it reasonable to make the order and is satisfied that suitable accommodation will be available for the tenant when the order takes effect;

and Part IV of that Schedule has effect for determining whether suitable accommodation will be available for a tenant.

F253 [( 3 )Where a notice under section 83 has been served on the tenant, the court shall not make such an order on any of those grounds above unless the ground is specified in the notice; but the grounds so specified may be altered or added to with the leave of the court.

(4)Where a date is specified in a notice under section 83 in accordance with subsection (3) of that section, the court shall not make an order which requires the tenant to give up possession of the dwelling-house in question before the date so specified.]

Textual Amendments

F252Words in s. 84(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 155(2), 240(2); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F253S. 84(3)(4) substituted for s. 84(3) (1.10.1996 for specified purposes and 4.2.1997 otherwise) by 1996 c. 52, s. 147(2); S.I. 1996/2402, art. 4; S.I. 1997/66, art. 2 (with savings in Sch.)

85 Extended discretion of court in certain proceedings for possession.E+W

(1)Where proceedings are brought for possession of a dwelling-house let under a secure tenancy on any of the grounds set out in Part I or Part III of Schedule 2 (grounds 1 to 8 and 12 to 16: cases in which the court must be satisfied that it is reasonable to make a possession order), the court may adjourn the proceedings for such period or periods as it thinks fit.

(2)On the making of an order for possession of such a dwelling-house on any of those grounds, or at any time before the execution of the order, the court may—

(a)stay or suspend the execution of the order, or

(b)postpone the date of possession,

for such period or periods as the court thinks fit.

(3)On such an adjournment, stay, suspension or postponement the court—

(a)shall impose conditions with respect to the payment by the tenant of arrears of rent (if any) and rent F254. . . unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, and

(b)may impose such other conditions as it thinks fit.

[F255(4)The court may discharge or rescind the order for possession if it thinks it appropriate to do so having had regard to—

(a)any conditions imposed under subsection (3), and

(b)the conduct of the tenant in connection with those conditions.]

(5)F256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A)F257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F254Words in s. 85(3)(a) omitted (20.5.2009) and repealed (prosp.) by virtue of Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 3(2), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F256S. 85(5) omitted (20.5.2009) and repealed (prosp.) by virtue of Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 3(4), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F257S. 85(5A) omitted (20.5.2009) and repealed (prosp.) by virtue of Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 3(4), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

[F25885AProceedings for possession: anti-social behaviourE+W

(1)This section applies if the court is considering under section 84(2)(a) whether it is reasonable to make an order for possession on ground 2 set out in Part 1 of Schedule 2 (conduct of tenant or other person).

(2)The court must consider, in particular—

(a)the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;

(b)any continuing effect the nuisance or annoyance is likely to have on such persons;

(c)the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated.]

Textual Amendments

F258S. 85A inserted (30.6.2004 for E. and 30.9.2004 for W.) by Anti-social Behaviour Act 2004 (c. 38), ss. 16(1), 93(2); S.I. 2004/1502, art. 2(a)(v) (subject to Sch.); S.I. 2004/2557, art. 2(a)(iii), Sch.

86 Periodic tenancy arising on termination of fixed term.E+W

(1)Where a secure tenancy (“the first tenancy”) is a tenancy for a term certain and comes to an end—

(a)by effluxion of time, or

(b)by an order of the court under section 82(3) (termination in pursuance of provision for re-entry or forfeiture),

a periodic tenancy of the same dwelling-house arises by virtue of this section, unless the tenant is granted another secure tenancy of the same dwelling-house (whether a tenancy for a term certain or a periodic tenancy) to begin on the coming to an end of the first tenancy.

(2)Where a periodic tenancy arises by virtue of this section—

(a)the periods of the tenancy are the same as those for which rent was last payable under the first tenancy, and

(b)the parties and the terms of the tenancy are the same as those of the first tenancy at the end of it;

except that the terms are confined to those which are compatible with a periodic tenancy and do not include any provision for re-entry or forfeiture.

Succession on death of tenantE+W

[F25986APersons qualified to succeed tenant: EnglandE+W

(1)A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if—

(a)P occupies the dwelling-house as P's only or principal home at the time of the tenant's death, and

(b)P is the tenant's spouse or civil partner.

(2)A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if—

(a)at the time of the tenant's death the dwelling-house is not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

(b)an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and

(c)P's succession is in accordance with that term.

(3)Subsection (1) or (2) does not apply if the tenant was a successor as defined in section 88.

(4)In such a case, a person (“P”) is qualified to succeed the tenant if—

(a)an express term of the tenancy makes provision for a person to succeed a successor to the tenancy, and

(b)P's succession is in accordance with that term.

(5)For the purposes of this section—

(a)a person who was living with the tenant as the tenant's wife or husband is to be treated as the tenant's spouse, and

(b)a person who was living with the tenant as if they were civil partners is to be treated as the tenant's civil partner.

(6)Subsection (7) applies if, on the death of the tenant, there is by virtue of subsection (5) more than one person who fulfils the condition in subsection (1)(b).

(7)Such one of those persons as may be agreed between them or as may, where there is no such agreement, be selected by the landlord is for the purpose of this section to be treated (according to whether that one of them is of the opposite sex to, or of the same sex as, the tenant) as the tenant's spouse or civil partner.]

Textual Amendments

87 Persons qualified to succeed tenant[F260: Wales].E+W

A person is qualified to succeed the tenant under a secure tenancy [F261of a dwelling-house in Wales] if he occupies the dwelling-house as his only or principal home at the time of the tenant’s death and either—

(a)he is the tenant’s spouse [F262or civil partner] , or

(b)he is another member of the tenant’s family and has resided with the tenant throughout the period of twelve months ending with the tenant’s death;

unless, in either case, the tenant was himself a successor, as defined in section 88.

Textual Amendments

F260Word in s. 87 heading inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 160(2)(a), 240(2) (with s. 160(6)); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F261Words in s. 87 inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 160(2)(b), 240(2) (with s. 160(6)); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

Modifications etc. (not altering text)

C67s. 87 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 2(3); S.I. 1993/2134, arts. 2, 5(a).

88 Cases where the tenant is a successor.E+W

(1)The tenant is himself a successor if—

(a)the tenancy vested in him by virtue of section 89 (succession to a periodic tenancy), or

(b)he was a joint tenant and has become the sole tenant, or

(c)the tenancy arose by virtue of section 86 (periodic tenancy arising on ending of term certain) and the first tenancy there mentioned was granted to another person or jointly to him and another person, or

(d)he became the tenant on the tenancy being assigned to him (but subject to subsections [F263(2) to (3)] , or

(e)he became the tenant on the tenancy being vested in him on the death of the previous tenant [F264or.]

[F264(f)the tenancy was previously an introductory tenancy and he was a successor to the introductory tenancy.]

(2)A tenant to whom the tenancy was assigned in pursuance of an order under section 24 of the M16Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) [F265or section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.)]is a successor only if the other party to the marriage was a successor.

[F266(2A) A tenant to whom the tenancy was assigned in pursuance of an order under Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ) is a successor only if the other civil partner was a successor. ]

(3)A tenant to whom the tenancy was assigned by virtue of section 92 (assignments by way of exchange) is a successor only if he was a successor in relation to the tenancy which he himself assigned by virtue of that section.

(4)Where within six months of the coming to an end of a secure tenancy which is a periodic tenancy (“the former tenancy”) the tenant becomes a tenant under another secure tenancy which is a periodic tenancy, and—

(a)the tenant was a successor in relation to the former tenancy, and

(b)under the other tenancy either the dwelling-house or the landlord, or both, are the same as under the former tenancy,

the tenant is also a successor in relation to the other tenancy unless the agreement creating that tenancy otherwise provides.

Textual Amendments

F264S. 88(1)(f) and word “or” immediately preceding it inserted (4.2.1997) by 1996 c. 52, s. 141(1), Sch. 14 para. 1; S.I. 1997/66, art. 2 (with savings in Sch.)

F265Words in s. 88(2) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 9; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

Modifications etc. (not altering text)

C68s. 88 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para.2(3); S.I. 1993/2134, arts. 2, 5(a).

Marginal Citations

89 Succession to periodic tenancy.E+W

(1)This section applies where a secure tenant dies and the tenancy is a periodic tenancy.

[F267(1A)Where there is a person qualified to succeed the tenant under section 86A, the tenancy vests by virtue of this section—

(a)in that person, or

(b)if there is more than one such person, in such one of them as may be agreed between them or as may, where there is no agreement, be selected by the landlord.]

(2)Where there is a person qualified to succeed the tenant [F268under section 87], the tenancy vests by virtue of this section in that person, or if there is more than one such person in the one to be preferred in accordance with the following rules—

(a)the tenant’s spouse [F269or civil partner] is to be preferred to another member of the tenant’s family;

(b)of two or more other members of the tenant’s family such of them is to be preferred as may be agreed between them or as may, where there is no such agreement, be selected by the landlord.

F270 [( 3 )Where there is no person qualified to succeed the tenant, the tenancy ceases to be a secure tenancy—

(a)when it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, unless the vesting or other disposal is in pursuance of an order made under—

(i)section 24 of the Matrimonial Causes Act 1973 (property adjustment orders made in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F271 . . .

(iii)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) [F272, or

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

(b)when it is known that when the tenancy is so vested or disposed of it will not be in pursuance of such an order.]

(4)A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.

Textual Amendments

F267S. 89(1A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 160(3)(4)240(2) (with s. 160(6)); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F268Words in s. 89(2) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 160(5), 240(2) (with s. 160(6)); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F269Words in s. 89(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263(2), Sch. 8 para. 22(2), S.I. 2005/3175, {art. 2(1)}, Sch. 1

F270S. 89(3) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 10; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F271Word at the end of s. 89(3)(a)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263(2), Sch. 30; S.I. 2005/3175, art. 2(6)

F272S. 89(3)(iv) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 22(3); S.I. 2005/3175, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C69S. 89 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 2(3); S.I. 1993/2134, arts. 2, 5(a).

90 Devolution of term certain.E+W

(1)This section applies where a secure tenant dies and the tenancy is a tenancy for a term certain.

(2)The tenancy remains a secure tenancy until—

(a)it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, as mentioned in subsection (3), or

(b)it is known that when it is so vested or disposed of it will not be a secure tenancy.

(3)The tenancy ceases to be a secure tenancy on being vested or otherwise disposed of in the course of administration of the tenant’s estate, unless—

F273 [( a )the vesting or other disposal is in pursuance of an order made under—

(i)section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F274 . . .

(iii)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents), or

[F275(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ), or ]]

(b)the vesting or other disposal is to a person qualifed to succeed the tenant.

(4)A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.

[F276(5)The following provisions apply where a tenancy that was a secure tenancy of a dwelling-house in England—

(a)has been vested or otherwise disposed of in the course of the administration of the secure tenant's estate, and

(b)has ceased to be a secure tenancy by virtue of this section.

(6)Subject as follows, the landlord may apply to the court for an order for possession of the dwelling-house let under the tenancy.

(7)The court may not entertain proceedings for an order for possession under this section unless—

(a)the landlord has served notice in writing on the tenant—

(i)stating that the landlord requires possession of the dwelling-house, and

(ii)specifying a date after which proceedings for an order for possession may be begun, and

(b)that date has passed without the tenant giving up possession of the dwelling-house.

(8)The date mentioned in subsection (7)(a)(ii) must fall after the end of the period of four weeks beginning with the date on which the notice is served on the tenant.

(9)On an application to the court for an order for possession under this section, the court must make such an order if it is satisfied that subsection (5) applies to the tenancy.

(10)The tenancy ends when the order is executed.]

Textual Amendments

F273S. 90(3)(a) substituted for s. 90(3)(a) and the word “or”at the end of the paragraph (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 11; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F274Words at the end of s. 90(3)(a)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263(10)(c), Sch. 30; S.I. 2005/3175, art. 2(6)

F276S. 90(5)-(10) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 162(1), 240(2); S.I. 2012/628, art. 6(b) (with arts. 9, 11, 14, 15, 17)

Modifications etc. (not altering text)

C70S. 90 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 2(3); S.I. 1993/2134, arts. 2, 5(a).

Assignment, lodgers and sublettingE+W

91 Assignment in general prohibited.E+W

(1)A secure tenancy which is—

(a)a periodic tenancy, or

(b)a tenancy for a term certain granted on or after 5th November 1982,

is not capable of being assigned except in the cases mentioned in subsection (3).

(2)If a secure tenancy for a term certain granted before 5th November 1982 is assigned, then, except in the cases mentioned in subsection (3), it ceases to be a secure tenancy and cannot subsequently become a secure tenancy.

(3)The exceptions are—

(a)an assignment in accordance with section 92 (assignment by way of exchange);

F277 [( b )an assignment in pursuance of an order made under—

(i)section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F278 . . .

(iii)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) [F279, or

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

(c)an assignmment to a person who would be qualified to succeed the tenant if the tenant died immediately before the assignment.

Textual Amendments

F277S. 91(3)(b) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 12; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F278Word at the end of s. 91(3)(b)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263(10), Sch. 30; S.I. 2005/3175, art. 2(6)

F279S. 91(3)(b)(iv) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 {para. 24}; S.I. 2005/3175, art. 2(1), Sch. 1

92 Assignments by way of exchange.E+W

(1)It is a term of every secure tenancy that the tenant may, with the written consent of the landlord, assign the tenancy to another secure tenant who satisfies the condition in subsection (2) [F280or to an assured tenant who satisfies the conditions in subsection (2A)].

(2)The condition is that the other secure tenant has the written consent of his landlord to an assignment of his tenancy either to the first-mentioned tenant or to another secure tenant who satisfies the condition in this subsection.

[F281(2A)The conditions to be satisfied with respect to an assured tenant are—

( a )that the landlord under his assured tenancy is [F282the Regulator of Social Housing, a private registered provider of social housing,] F283. . . a [F284a registered social landlord] or a housing trust which is a charity; and

(b)that he intends to assign his assured tenancy to the secure tenant referred to in subsection (1) or to another secure tenant who satisfies the condition in subsection (2).]

(3)The consent required by virtue of this section shall not be withheld except on one or more of the grounds set out in Schedule 3, and if withheld otherwise than on one of those grounds shall be treated as given.

(4)The landlord may not rely on any of the grounds set out in Schedule 3 unless he has, within 42 days of the tenant’s application for the consent, served on the tenant a notice specifying the ground and giving particulars of it.

(5)Where rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed, the consent required by virtue of this section may be given subject to a condition requiring the tenant to pay the outstanding rent, remedy the breach or perform the obligation.

(6)Except as provided by subsection (5), a consent required by virtue of this section cannot be given subject to a condition, and a condition imposed otherwise than as so provided shall be disregarded.

93 Lodgers and subletting.E+W

(1)It is a term of every secure tenancy that the tenant—

(a)may allow any persons to reside as lodgers in the dwelling-house, but

(b)will not, without the written consent of the landlord, sublet or part with possession of part of the dwelling-house.

(2)If the tenant under a secure tenancy parts with the possession of the dwelling-house or sublets the whole of it (or sublets first part of it and then the remainder), the tenancy ceases to be a secure tenancy and cannot subsequently become a secure tenancy.

94 Consent to subletting.E+W

(1)This section applies to the consent required by virtue of section 93(1)(b) (landlord’s consent to subletting of part of dwelling-house).

(2)Consent shall not be unreasonably withheld (and if unreasonably withheld shall be treated as given), and if a question arises whether the withholding of consent was unreasonable it is for the landlord to show that it was not.

(3)In determining that question the following matters, if shown by the landlord, are among those to be taken into account—

(a)that the consent would lead to overcrowding of the dwelling-house within the meaning of Part X (overcrowding);

(b)that the landlord proposes to carry out works on the dwelling-house, or on the building of which it forms part, and that the proposed works will affect the accommodation likely to be used by the sub-tenant who would reside in the dwelling-house as a result of the consent.

(4)Consent may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.

(5)Consent cannot be given subject to a condition (and it purporting to be given subject to a condition shall be treated as given unconditionally).

(6)Where the tenant has applied in writing for consent, then—

(a)if the landlord refuses to give consent, it shall give the tenant a written statement of the reasons why consent was refused, and

(b)if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.

95 Assignment or subletting where tenant condition not satisfied.E+W

(1)This section applies to a tenancy which is not a secure tenancy but would be if the tenant condition referred to in section 81 (occupation by the tenant) were satisfied.

(2)Sections 91 and 93(2) (restrictions on assignment or sub-letting of whole dwelling-house) apply to such a tenancy as they apply to a secure tenancy, except that—

(a)section 91(3)(b) and (c) (assignments excepted from restrictions) do not apply to such a tenancy for a term certain granted before 5th November 1982, and

(b)references to the tenancy ceasing to be secure shall be disregarded, without prejudice to the application of the remainder of the provisions in which those references occur.

Repairs and improvementsE+W

[F285 96 Right to have repairs carried out.E+W

(1)The Secretary of State may make regulations for entitling secure tenants whose landlords are local housing authorities, subject to and in accordance with the regulations, to have qualifying repairs carried out, at their landlords’ expense, to the dwelling-houses of which they are such tenants.

(2)The regulations may make all or any of the following provisions, namely—

(a)provision that, where a secure tenant makes an application to his landlord for a qualifying repair to be carried out, the landlord shall issue a repair notice—

(i)specifying the nature of the repair, the listed contractor by whom the repair is to be carried out and the last day of any prescribed period; and

(ii)containing such other particulars as may be prescribed;

(b)provision that, if the contractor specified in a repair notice fails to carry out the repair within a prescribed period, the landlord shall issue a further repair notice specifying such other listed contractor as the tenant may require; and

(c)provision that, if the contractor specified in a repair notice fails to carry out the repair within a prescribed period, the landlord shall pay to the tenant such sum by way of compensation as may be determined by or under the regulations.

(3)The regulations may also make such procedural, incidental, supplementary and transitional provisions as may appear to the Secretary of State necessary or expedient, and may in particular—

(a)require a landlord to take such steps as may be prescribed to make its secure tenants aware of the provisions of the regulations;

(b)require a landlord to maintain a list of contractors who are prepared to carry out repairs for which it is responsible under the regulations;

(c)provide that, where a landlord issues a repair notice, it shall give to the tenant a copy of the notice and the prescribed particulars of at least two other listed contractors who are competent to carry out the repair;

(d)provide for questions arising under the regulations to be determined by the county court; and

(e)enable the landlord to set off against any compensation payable under the regulations any sums owed to it by the tenant.

(4)Nothing in subsection (2) or (3) shall be taken as prejudicing the generality of subsection (1).

(5)Regulations under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

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

(6)In this section—

  • listed contractor ”, in relation to a landlord, means any contractor (which may include the landlord) who is specified in the landlord’s list of contractors;

  • qualifying repair ”, in relation to a dwelling-house, means any repair of a prescribed description which the landlord is obliged by a repairing covenant to carry out;

  • repairing covenant ”, in relation to a dwelling-house, means a covenant, whether express or implied, obliging the landlord to keep in repair the dwelling-house or any part of the dwelling-house;

and for the purposes of this subsection a prescribed description may be framed by reference to any circumstances whatever.]

Textual Amendments

F285S. 96 substituted (1.12.1993) by 1993 c. 28, s. 121; S.I. 1993/2762, art. 4(a) (with saving in art. 5(1)).

Modifications etc. (not altering text)

C72S. 96 extended (1.10.1996) by 1996 c. 52, s. 135; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

97 Tenant’s improvements require consent.E+W

(1)It is a term of every secure tenancy that the tenant will not make any improvement without the written consent of the landlord.

(2)In this Part “improvement” means any alteration in, or addition to, a dwelling-house, and includes—

(a)any addition to or alteration in landlord’s fixtures and fittings,

(b)any addition or alteration connected with the provision of services to the dwelling-house,

(c)the erection of a wireless or television aerial, and

(d)the carrying out of external decoration.

(3)The consent required by virtue of subsection (1) shall not be unreasonably withheld, and if unreasonably withheld shall be treated as given.

(4)The provisions of this section have effect, in relation to secure tenancies, in place of section 19(2) of the M17Landlord and Tenant Act 1927 (general provisions as to covenants, &c. not to make improvements without consent).

[F286(5) In this section “ secure tenancy ” does not include a secure tenancy that is a flexible tenancy. ]

Textual Amendments

F286S. 97(5) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 155(3), 240(2); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

Marginal Citations

98 Provisions as to consents required by s. 97.E+W

(1)If a question arises whether the withholding of a consent required by virtue of section 97 (landlord’s consent to improvements) was unreasonable, it is for the landlord to show that it was not.

(2)In determining that question the court shall, in particular, have regard to the extent to which the improvement would be likely—

(a)to make the dwelling-house, or any other premises, less safe for occupiers,

(b)to cause the landlord to incur expenditure which it would be unlikely to incur if the improvement were not made, or

(c)to reduce the price which the dwelling-house would fetch if sold on the open market or the rent which the landlord would be able to charge on letting the dwelling-house.

(3)A consent required by virtue of section 97 may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.

(4)Where a tenant has applied in writing for a consent which is required by virtue of section 97—

(a)the landlord shall if it refuses consent give the tenant a written statement of the reason why consent was refused, and

(b)if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.

99 Conditional consent to improvements.E+W

(1)Consent required by virtue of section 97 (landlord’s consent to improvements) may be given subject to conditions.

(2)If the tenant has applied in writing for consent and the landlord gives consent subject to an unreasonable condition, consent shall be taken to have been unreasonably withheld.

(3)If a question arises whether a condition was reasonable, it is for the landlord to show that it was.

(4)A failure by a secure tenant to satisfy a reasonable condition imposed by his landlord in giving consent to an improvement which the tenant proposes to make, or has made, shall be treated for the purposes of this Part as a breach by the tenant of an obligation of his tenancy.

[F28799A Right to compensation for improvements.E+W

(1)The powers conferred by this section shall be exercisable as respects cases where a secure tenant has made an improvement and—

(a)the work on the improvement was begun not earlier than the commencement of section 122 of the Leasehold Reform, Housing and Urban Development Act 1993,

(b)the landlord, or a predecessor in title of the landlord (being a local authority), has given its written consent to the improvement or is to be treated as having given its consent, and

(c)at the time when the tenancy comes to an end the landlord is a local authority and the tenancy is a secure tenancy.

(2)The Secretary of State may make regulations for entitling the qualifying person or persons (within the meaning given by section 99B)—

(a)at the time when the tenancy comes to an end, and

(b)subject to and in accordance with the regulations,

to be paid compensation by the landlord in respect of the improvement.

(3)The regulations may provide that compensation shall be not payable if—

(a)the improvement is not of a prescribed description,

(b)the tenancy comes to an end in prescribed circumstances,

(c)compensation has been paid under section 100 in respect of the improvement, or

(d)the amount of any compensation which would otherwise be payable is less than a prescribed amount;

and for the purposes of this subsection a prescribed description may be framed by reference to any circumstances whatever.

(4)The regulations may provide that the amount of any compensation payable shall not exceed a prescribed amount but, subject to that, shall be determined by the landlord, or calculated, in such manner, and taking into account such matters, as may be prescribed.

(5)The regulations may also make such procedural, incidental, supplementary and transitional provisions as may appear to the Secretary of State necessary or expedient, and may in particular—

(a)provide for the manner in which and the period within which claims for compensation under the regulations are to be made, and for the procedure to be followed in determining such claims,

(b)prescribe the form of any document required to be used for the purposes of or in connection with such claims,

(c)provide for questions arising under the regulations to be determined by the district valuer or the county court, and

(d)enable the landlord to set off against any compensation payable under the regulations any sums owed to it by the qualifying person or persons.

(6)Nothing in subsections (3) to (5) shall be taken as prejudicing the generality of subsection (2).

(7)Regulations under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which (except in the case of regulations making only such provision as is mentioned in subsection (5)(b)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)For the purposes of this section and section 99B, a tenancy shall be treated as coming to an end if—

(a)it ceases to be a secure tenancy by reason of the landlord condition no longer being satisfied, or

(b)it is assigned, with the consent of the landlord—

(i)to another secure tenant who satisfies the condition in subsection (2) of section 92 (assignments by way of exchange), or

(ii)to an assured tenant who satisfies the conditions in subsection (2A) of that section.

[F288(9)In this section—

(a)secure tenancy ” does not include a secure tenancy that is a flexible tenancy, and

(b)secure tenant ” does not include a tenant under a secure tenancy that is a flexible tenancy. ]]

Textual Amendments

F287S. 99A, 99B inserted (1.2.1994) by 1993 c. 28, s. 122; S.I. 1993/2762, art. 4(b) (with saving in art. 5(2)).

F288S. 99A(9) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 155(4), 240(2); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F28999B Persons qualifying for compensation.E+W

(1)A person is a qualifying person for the purposes of section 99A(2) if—

(a)he is, at the time when the tenancy comes to an end, the tenant or, in the case of a joint tenancy at that time, one of the tenants, and

(b)he is a person to whom subsection (2) applies.

(2)This subsection applies to—

(a)the improving tenant;

(b)a person who became a tenant jointly with the improving tenant;

(c)a person in whom the tenancy was vested, or to whom the tenancy was disposed of, under section 89 (succession to periodic tenancy) or section 90 (devolution of term certain) on the death of the improving tenant or in the course of the administration of his estate;

(d)a person to whom the tenancy was assigned by the improving tenant and who would have been qualified to succeed him if he had died immediately before the assignment;

F290 [( e )a person to whom the tenancy was assigned by the improving tenant in pursuance of an order made under—

(i)section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F291 . . .

(iii)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) [F292, or

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

F293 [( f )a spouse, former spouse, [F294civil partner, former civil partner,] cohabitant or former cohabitant of the improving tenant to whom the tenancy has been transferred by an order made under Schedule 1 to the Matrimonial Homes Act 1983 or Schedule 7 to the Family Law Act 1996.]

(3)Subsection (2)(c) does not apply in any case where the tenancy ceased to be a secure tenancy by virtue of section 89(3) or, as the case may be, section 90(3).

(4)Where, in the case of two or more qualifying persons, one of them (“the missing person”) cannot be found—

(a)a claim under regulations made under section 99A may be made by, and compensation under those regulations may be paid to, the other qualifying person or persons; but

(b)the missing person shall be entitled to recover his share of any compensation so paid from that person or those persons.

(5)In this section “the improving tenant” means—

(a)the tenant by whom the improvement mentioned in section 99A(1) was made, or

(b)in the case of a joint tenancy at the time when the improvement was made, any of the tenants at that time.

Textual Amendments

F289S. 99A, 99B inserted (1.2.1994) by 1993 c. 28, s. 122; S.I. 1993/2762, art. 4(b) (with saving in art. 5(2)).

F290S. 99B(2)(e) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 13; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F291Word at the end of s. 99B(2)(e)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263(10), Sch. 30; S.I. 2005/3175, art. 2(6)

F292S. 99B(2)(e)(iv) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 25; S.I. 2005/3175, art. 2(1), Sch. 1

F293S. 99B(2)(f) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 54 (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3

100 Power to reimburse cost of tenant’s improvements.E+W

(1)Where a secure tenant has made an improvement and—

(a)the work on the improvement was begun on or after 3rd October, 1980,

(b)the landlord, or a predecessor in title of the landlord, has given its written consent to the improvement or is treated as having given its consent, and

(c)the improvement has materially added to the price which the dwelling-house may be expected to fetch if sold on the open market, or the rent which the landlord may be expected to be able to charge on letting the dwelling-house,

the landlord may, at or after the end of the tenancy, make to the tenant (or his personal representatives) such payment in respect of the improvement as the landlord considers to be appropriate.

F295(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F296(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The power conferred by this section to make such payments as are mentioned in subsection (1) is in addition to any other power of the landlord to make such payments.

Textual Amendments

F295S. 100(2) repealed (18.7.2003) by S.I. 2002/1860, arts. 1(3), 12, 15, Sch. 4 para. 2(2), Sch. 6 (with arts. 11(2), 15(2))

F296S. 100(2A) repealed (17.12.1996) by 1996 c. 53, ss. 103, 147, Sch. 1 para. 4(2), Sch. 3 Pt. I; S.I. 1996/2842, art. 3 (with art. 8)

101 Rent not to be increased on account of tenant’s improvements.E+W

(1)This section applies where a person (the “improving tenant”) who is or was the secure tenant of a dwelling-house has lawfully made an improvement and has borne the whole or part of its cost; and for the purposes of this section a person shall be treated as having borne any cost which he would have borne but for a [F297renovation grant or common parts grant under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing).]

F298(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In determining, at any time whilst the improving tenant or his qualifying successor is a secure tenant of the dwelling-house, whether or to what extent to increase the rent, the landlord shall treat the improvement as justifying only such part of an increase which would otherwise be attributable to the improvement as corresponds to the part of the cost which was not borne by the tenant (and accordingly as not justifying an increase if he bore the whole cost).

(3)The following are qualifying successors of an improving tenant—

[F299(a)a person in whom the tenancy was vested, or to whom the tenancy was disposed of, under section 89 (succession to periodic tenancy) or section 90 (devolution of term certain) on the death of the tenant or in the course of the administration of his estate;]

(b)a person to whom the tenancy was assigned by the tenant and who would have been qualified to succeed him if he had died immediately before the assignment,

F300 [( c )a person to whom the tenancy was assigned by the tenant in pursuance of an order made under—

(i)section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F301 . . .

(iii)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) [F302, or

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

F303 [( d )a spouse, former spouse, [F304civil partner, former civil partner,] cohabitant or former cohabitant of the tenant to whom the tenancy has been transferred by an order made under Schedule 1 to the Matrimonial Homes Act 1983 or Schedule 7 to the Family Law Act 1996.]

(4)This section does not apply to an increase of rent attributable to rates [F305or to council tax].

Textual Amendments

F297Words in s. 101(1) substituted (17.12.1996) by 1996 c. 53, s. 103, Sch. 1 para. 5(1); S.I. 1996/2842, art. 3

F299S. 101(3)(a) substituted (11.10.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 10; S.I. 1993/2134, arts. 2, 4(a).

F300S. 101(3)(c) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 14; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F301Word in s. 101(3)(c)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263(10), Sch. 30; S.I. 2005/3175, art. 2(6)

F302S. 101(3)(c)(iv) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 26; S.I. 2005/3175, art. 2(1), Sch. 1

F305Words in s. 101(4) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 12.

Variation of terms of tenancyE+W

102 Variation of terms of secure tenancy.E+W

(1)The terms of a secure tenancy may be varied in the following ways, and not otherwise—

(a)by agreement between the landlord and the tenant;

(b)to the extent that the variation relates to rent or to payments in respect of rates [F306, council tax]or services, by the landlord or the tenant in accordance with a provision in the lease or agreement creating the tenancy, or in an agreement varying it;

(c)in accordance with section 103 (notice of variation of periodic tenancy).

(2)References in this section and section 103 to variation include addition and deletion; and for the purposes of this section the conversion of a monthly tenancy into a weekly tenancy, or a weekly tenancy into a monthly tenancy, is a variation of a term of the tenancy, but a variation of the premises let under a tenancy is not.

(3)This section and section 103 do not apply to a term of a tenancy which—

(a)is implied by an enactment, or

(b)may be varied under section 93 of the M18Rent Act 1977 (housing association and other tenancies: increase of rent without notice to quit).

(4)This section and section 103 apply in relation to the terms of a periodic tenancy arising by virtue of section 86 (periodic tenancy arising on termination of a fixed term) as they would have applied to the terms of the first tenancy mentioned in that section had that tenancy been a periodic tenancy.

Textual Amendments

F306Words in S. 102(1)(b) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 13.

Marginal Citations

103 Notice of variation of periodic tenancy.E+W

(1)The terms of a secure tenancy which is a periodic tenancy may be varied by the landlord by a notice of variation served on the tenant.

(2)Before serving a notice of variation on the tenant the landlord shall serve on him a preliminary notice—

(a)informing the tenant of the landlord’s intention to serve a notice of variation,

(b)specifying the proposed variation and its effect, and

(c)inviting the tenant to comment on the proposed variation within such time, specified in the notice, as the landlord considers reasonable;

and the landlord shall consider any comments made by the tenant within the specified time.

(3)Subsection (2) does not apply to a variation of the rent, or of payments in respect of services or facilities provided by the landlord or of payments in respect of rates.

(4)The notice of variation shall specify—

(a)the variation effected by it, and

(b)the date on which it takes effect;

and the period between the date on which it is served and the date on which it takes effect must be at least four weeks or the rental period, whichever is the longer.

(5)The notice of variation, when served, shall be accompanied by such information as the landlord considers necessary to inform the tenant of the nature and effect of the variation.

(6)If after the service of a notice of variation the tenant, before the date on which the variation is to take effect, gives a valid notice to quit, the notice of variation shall not take effect unless the tenant, with the written agreement of the landlord, withdraws his notice to quit before that date.

Provision of information and consultationE+W

104 Provision of information about tenancies.E+W

(1)Every body which lets dwelling-houses under secure tenancies shall from time to time publish information about its secure tenancies, in such form as it considers best suited to explain in simple terms, and so far as it considers it appropriate, the effect of—

(a)the express terms of its secure tenancies,

(b)the provisions of this Part F307. . . , and

(c)the provisions of sections 11 to 16 of the M19Landlord and Tenant Act 1985 (landlord’s repairing obligations),

and shall ensure that so far as is reasonably practicable the information so published is kept up to date.

(2)The landlord under a secure tenancy shall supply the tenant with—

(a)a copy of the information for secure tenants published by it under subsection (1), and

(b)a written statement of the terms of the tenancy, so far as they are neither expressed in the lease or written tenancy agreement (if any) nor implied by law;

and the statement required by paragraph (b) shall be supplied [F308when the secure tenancy arises] or as soon as practicable afterwards.

[F309(3) A local authority which is the landlord under a secure tenancy shall supply the tenant, at least once in every relevant year, with a copy of such information relating to the provisions mentioned in subsection (1)(b) and (c) as was last published by it; and in this subsection “ relevant year ” means any period of twelve months beginning with an anniversary of the date of such publication. ]

Textual Amendments

F307Words in s. 104(1)(b) omitted (18.1.2005) by virtue of Housing Act 2004 (c. 34), ss.189(2), 270(3)(a) and repealed (6.4.2006 (E.) and 16.6.2006 (W.)) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v); S.I. 2006/1535, art. 2(c)(v)

F308Words in s. 104(2) substituted (4.2.1997) by 1996 c. 52, s. 141(1), Sch. 14 para. 2; S.I. 1997/66, art. 2 (subject to savings in Sch.)

F309S. 104(3) inserted (11.10.1993) by 1993 c. 28, s. 123; S.I. 1993/2134, arts 2, 4(a).

Marginal Citations

105 Consultation on matters of housing management.E+W

(1)A landlord authority shall maintain such arrangements as it considers appropriate to enable those of its secure tenants who are likely to be substantially affected by a matter of housing management to which this section applies—

(a)to be informed of the authority’s proposals in respect of the matter, and

(b)to make their views known to the authority within a specified period;

and the authority shall, before making any decision on the matter, consider any representations made to it in accordance with those arrangements.

(2)For the purposes of this section, a matter is one of housing management if, in the opinion of the landlord authority, it relates to—

(a)the management, maintenance, improvement or demolition of dwelling-houses let by the authority under secure tenancies, or

(b)the provision of services or amenities in connection with such dwelling-houses;

but not so far as it relates to the rent payable under a secure tenancy or to charges for services or facilities provided by the authority.

(3)This section applies to matters of housing management which, in the opinion of the landlord authority, represent—

(a)a new programme of maintenance, improvement or demolition, or

(b)a change in the practice or policy of the authority,

and are likely substantially to affect either its secure tenants as a whole or a group of them who form a distinct social group or occupy dwelling-houses which constitute a distinct class (whether by reference to the kind of dwelling-house, or the housing estate or other larger area in which they are situated).

(4)In the case of a landlord authority which is a local housing authority, the reference in subsection (2) to the provision of services or amenities is a reference only to the provision of services or amenities by the authority acting in its capacity as landlord of the dwelling-houses concerned.

(5)A landlord authority shall publish details of the arrangements which it makes under this section, and a copy of the documents published under this subsection shall—

(a)be made available at the authority’s principal office for inspection at all reasonable hours, without charge, by members of the public, and

(b)be given, on payment of a reasonable fee, to any member of the public who asks for one.

(6)A landlord authority which is [F310a private registered provider of social housing or] a [F311registered social landlord] shall, instead of complying with paragraph (a) of subsection (5), send a copy of any document published under that subsection—

(a)to the [F312Relevant Authority], and

(b)to the council of any district [F313, Welsh county or county borough] or London borough in which there are dwelling-houses let by the [F314landlord authority] under secure tenancies;

and a council to whom a copy is sent under this subsection shall make it available at its principal office for inspection at all reasonable hours, without charge, by members of the public.

[F315(7)For the purposes of this section—

(a)secure tenants include demoted tenants within the meaning of section 143A of the Housing Act 1996;

(b)secure tenancies include demoted tenancies within the meaning of that section.]

Textual Amendments

F311Words in s. 105(6) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(10)(a)

F312Words in s. 105(6)(a) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 5 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F313Words in s. 105(6)(b) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(7) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F314Word in s. 105(6)(b) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(10)(b)

F315S. 105(7) inserted (30.6.2004 for E and 30.9.2004 for specified purposes for W. and 30.4.2005 otherwise for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14, 93(2), Sch. 1 para. 2(2); S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

Modifications etc. (not altering text)

106 Information about housing allocation.E+W

(1)A landlord authority shall publish a summary of its rules—

(a)for determining priority as between applicants in the allocation of its housing accommodation, and

(b)governing cases where secure tenants wish to move (whether or not by way of exchange of dwelling-houses) to other dwelling-houses let under secure tenancies by that authority or another body.

(2)A landlord authority shall—

(a)maintain a set of the rules referred to in subsection (1) and of the rules which it has laid down governing the procedure to be followed in allocating its housing accommodation, and

(b)make them available at its principal office for inspection at all reasonable hours, without charge, by members of the public.

(3)A landlord authority which is [F316a private registered provider of social housing or] a [F317registered social landlord] shall, instead of complying with paragraph (b) of sub-section (2), send a set of the rules referred to in paragraph (a) of that subsection—

(a)to the [F318Relevant Authority], and

(b)to the council of any district [F319, Welsh county or county borough] or London borough in which there are dwelling-houses let or to be let by the [F320landlord authority] under secure tenancies;

and a council to whom a set of rules is sent under this subsection shall make it available at its principal office for inspection at all reasonable hours, without charge, by members of the public.

(4)A copy of the summary published under subsection (1) shall be given without charge, and a copy of the set of rules maintained under subsection (2) shall be given on payment of a reasonable fee, to any member of the public who asks for one.

(5)At the request of a person who has applied to it for housing accommodation, a landlord authority shall make available to him, at all reasonable times and without charge, details of the particulars which he has given to the authority about himself and his family and which the authority has recorded as being relevant to his application for accommodation.

[F321(6)The provisions of this section do not apply to a landlord authority which is a local housing authority so far as they impose requirements corresponding to those to which such an authority is subject under [F322section] 168 of the Housing Act 1996 (provision of information about F323... allocation schemes).]

Textual Amendments

F317Words in s. 106(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(11)(a)

F318Words in s. 106(3)(a) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 5 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F319Words in s. 106(3)(b) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(7) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F320Word in s. 106(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(11)(b)

F321S. 106(6) inserted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 1; S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

F322Word in s. 106(6) substituted (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, s. 18(1), Sch. 1 para. 1; S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

F323Words in s. 106(6) repealed (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, s. 20(1), Sch. 2; S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

Modifications etc. (not altering text)

C74S. 106(5) excluded by Access to Personal Files Act 1987 (c. 37, SIF 106:1), s. 1(3)(5)

[F324106A Consultation before disposal to private sector landlord.E+W

(1)The provisions of Schedule 3A have effect with respect to the duties of—

(a)a local authority proposing to dispose of dwelling-houses subject to secure tenancies [F325or introductory tenancies], and

(b)the Secretary of State in considering whether to give his consent to such a disposal,

to have regard to the views of tenants liable as a result of the disposal to cease to be secure tenants [F326or introductory tenants].

(2)In relation to a disposal to which that Schedule applies, the provisions of that Schedule apply in place of the provisions of section 105 (consultation on matters of housing management) [F327in the case of secure tenants and section 137 of the Housing Act 1996 (consultation on matters of housing management) in the case of introductory tenants.]

F328 [( 3 )That Schedule, and this section, do not apply in relation to any disposal of an interest in land by a local authority if—

(a)the interest has been acquired by the authority (whether compulsorily or otherwise) following the making of an order for compulsory purchase under any enactment, other than section 290 (acquisition of land for clearance),

(b)the order provides that the interest is being acquired for the purpose of disposal to [F329a private registered provider of social housing or] a registered social landlord, and

(c)such a disposal is made within one year of the acquisition.

(4)In this section “registered social landlord” has the same meaning as in Part I of the Housing Act 1996.]]

Textual Amendments

F325Words in s. 106A(1)(a) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(h)(i)

F326Words in s. 106A(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(h)(ii)

F327Words in s. 106A(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(h)(iii)

F328S. 106A(3)(4) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 para. 23; S.I. 1996/2402, art. 3 (subject to transitional provisions and to savings in Sch.)