Housing Act 1985

382 Effect of control order on persons occupying house. E+W

(1) This section applies to a person who, at the time when a control order comes into force, is occupying part of the house and does not have an estate or interest in the whole of the house.

(2) Section 381 (general effect of control order) does not affect the rights or liabilities of such a person under a lease, licence or agreement (whether in writing or not) under which he is occupying part of the house at the time when the control order comes into force; and—

(a) such a lease, licence or agreement has effect while the control order is in force as if the local housing authority were substituted in it for any party to it who has an estate or interest in the house and is not a person to whom this section applies, and

(b) such a lease continues to have effect as near as may be as a lease notwithstanding that the rights of the local housing authority, as substituted for the lessor, do not amount to an estate in law in the premises.

(3) The provisions which exclude local authority lettings from the Rent Acts, that is—

(a) sections 14 to 16 of the M1 Rent Act 1977, and

(b) those sections as applied by Schedule 2 to the M2 Rent (Agriculture) Act 1976 and section 5(2) to (4) of that Act,

do not apply to a lease or agreement under which a person to whom this section applies is occupying part of the house.

[F1 (3A) Section 1(2) of and paragraph 12 of Part I of Schedule 1 to the Housing Act 1988 (which exclude local authority lettings from Part I of that Act) do not apply to a lease or agreement under which a person to whom this section applies is occupying part of the house.]

(4) If immediately before the control order came into force a person to whom this section applies was occupying part of the house under—

(a) a protected or statutory tenancy within the meaning of the Rent Act 1977, or

(b) a protected occupancy or statutory tenancy within the meaning of the Rent (Agriculture) Act 1976, [F2 or

(c) an assured tenancy or assured agricultural occupancy within the meaning of Part I of the Housing Act 1988]

nothing in this Part prevents the continuance of that tenancy or occupancy or affects the continued operation of [F3 any of those Acts] in relation to the tenancy or occupancy after the coming into force of the control order.

(5) So much of the regulations made under section 369 (regulations prescribing management code) as imposes duties on persons who live in a house to which the regulations apply also applies to persons who live in a house as respects which a control order is in force.

Textual Amendments

F1 S. 382(3A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 52(1)

F2 Word “or” and s. 382(4)(c) inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 52(2)

F3 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 170(1), Sch. 17 Pt. I para. 52(2)

Marginal Citations

M1 1977 c. 42.

M2 1976 c. 80.