Housing Defects Act 1984

Miscellaneous and Supplemental

13 Dwellings included in more than one designation

(1) For the purposes of this Act, where a person is already eligible for assistance in respect of a defective dwelling at a time when a designation under section 1 or 12 of this Act comes into operation, being a designation of a class within which the building that consists of or includes the dwelling falls, that designation is to be disregarded in his case if either—

(a) he would not be eligible for assistance in respect of the defective dwelling if it were the only designation, or

(b) he is entitled to assistance by way of repurchase in respect of the defective dwelling.

(2) Where a person is eligible for assistance in respect of a defective dwelling and the building that consists of or includes the dwelling falls within two or more designations under section 1 or 12 of this Act, being designations which are not required to be disregarded in his case (in this subsection referred to as " applicable designations "), then, in relation to the dwelling, this Act (except sections 1 and 12) shall have effect as if—

(a) references to the designation, or the provision, by virtue of which it is a defective dwelling were references to any applicable designation or, as the case may be, to any provision under which an applicable designation was made,

(b) references to the qualifying defect were references to any qualifying defect described in any applicable designation,

(c) references to the period within which persons may seek assistance under this Act were references to any period specified for that purpose in any applicable designation, and

(d) the reference in paragraph 1(1)(c) of Schedule 1 to this Act to the maximum amount permitted to be taken into account for the purposes of that paragraph were a reference to the sum of those maximum amounts for each applicable designation.

(3) In any case where—

(a) notice has been given to a person at any time under section 4(1) of this Act stating that he is, in the opinion of the appropriate authority, eligible for assistance in respect of a defective dwelling, and

(b) the building that consists of or includes the dwelling falls within a class designated under section 1 or 12 of this Act by a designation coming into operation after that time,

the appropriate authority shall, as soon after that time as it is reasonably practicable to do so, give him notice in writing stating whether or not in their opinion the designation referred to in paragraph (b) above is to be disregarded in his case; and if, in their opinion, it is to be disregarded, the reasons for their view.

(4) Subsections (5) to (8) below apply in any case where—

(a) a person is entitled to assistance by way of reinstatement grant in respect of a defective dwelling at a time when a designation under section 1 or 12 of this Act comes into operation, being a designation of a class within which the building that consists of or includes the dwelling falls (in this and the following subsections referred to as the " later designation "), and

(b) the later designation is not required to be disregarded in his case.

(5) Where it becomes apparent to the appropriate authority that this subsection applies in the case of any person, they shall forthwith give him notice in writing—

(a) stating the effect of subsection (2) above and subsection (6) below and of the further designation, and

(b) informing him that he has the right to make a claim under section 3(5) of this Act.

(6) Where it becomes apparent to the authority that this subsection applies in the case of any person, they shall as soon as it is reasonably practicable to do so—

(a) make a further determination under section 3(2) of this Act (taking account of the later designation), and

(b) give a further notice under section 4(2) of this Act in place of the previous notice,

and where the determination is that he is entitled to assistance by way of repurchase, the notice shall state the effect of subsections (7) and (8) below.

(7) Where a further notice under section 4(2) of this Act stating that a person is entitled to assistance by way of repurchase is given in place of a previous notice and either—

(a) he satisfies the authority that he has, before the further notice is received, entered into a contract with another to provide services or materials for the purpose of executing any of the work stated in the previous notice or in a notice under paragraph 3 of Schedule 1 to this Act (in this subsection and subsection (8) below referred to as the " relevant work "), or

(b) any of the relevant work has been carried out before the further notice is received and has been carried out to the satisfaction of the appropriate authority,

then, notwithstanding anything in subsection (6) above, the previous notice and any notice under paragraph 3 of that Schedule given before the further notice is received shall continue to have effect for the purposes of section 5 of and Schedule 1 to this Act in relation to the relevant work or, in a case falling within paragraph (b) above, in relation to so much of the relevant work as has been carried out as mentioned in that paragraph; and the authority shall, subject to subsection (8) below, pay reinstatement grant accordingly.

(8) In any case where—

(a) the relevant work is not completed but part of that work is carried out to the satisfaction of the appropriate authority,

(b) the notice in question continues to have effect in relation to that part of the work by virtue of subsection (7) above, and

(c) that part of the work is carried out within the period stated in the notice in question,

paragraph 5 of Schedule 1 to this Act shall not apply in relation to reinstatement grant paid in respect of that part of the work and the amount payable in respect of that part of the work shall be an amount equal to the maximum instalment of grant that would have been payable under paragraph 4 of that Schedule in respect of that part of the work.

14 Notices

(1) A housing authority shall, within the period of three months beginning with the coming into operation of a designation under section 1 or 12 of this Act or a variation of such a designation, publish in a newspaper circulating in their area notice suitable for the purpose of bringing the effect of the designation or variation to the attention of persons who may be eligible for assistance in respect of such of the dwellings concerned as are situated within their area, unless they are of the opinion that—

(a) none of the dwellings concerned are so situated, or

(b) in respect of all of the dwellings concerned that are so situated, no person is likely to be eligible for assistance.

(2) If at any time it becomes apparent to a housing authority that a person is likely to be eligible for assistance in respect of a defective dwelling within their area, they shall forthwith take such steps as are reasonably practicable to inform him of the fact that assistance is available.

(3) A public sector authority shall, where a person is to acquire a relevant interest in a defective dwelling on a disposal by the authority, give him notice in writing before the time of disposal—

(a) specifying the qualifying defect, and

(b) stating that he will not be eligible for assistance under this Act in respect of the dwelling.

(4) A public sector authority shall, before they convey a relevant interest in a defective dwelling in pursuance of a contract to any person on whom a notice under subsection (3) above has not been served, give him notice in writing—

(a) specifying the qualifying defect,

(b) stating, where the time of disposal of the interest falls after the cut-off date, that he will not be eligible for assistance under this Act, and

(c) stating the effect of subsection (5) below.

(5) A person on whom a notice under subsection (4) above is served—

(a) shall have the right to withdraw from the transaction and may, within the period of six months beginning with the service of that notice on him, exercise that right by notifying the authority in writing of his withdrawal, whereupon the parties to the contract shall be discharged from any obligations in connection with it and any deposit paid shall be repaid ; and

(b) shall not, in any event, be obliged to complete the conveyance before the expiry of the period referred to in paragraph (a) above.

(6) Where a public sector authority are required to serve a notice under section 5(1) of the 1980 Act (landlord's response to notice claiming exercise of right to buy) in respect of a defective dwelling, the notice under subsection (3) above is to be served with that notice.

(7) The notice under subsection (3) above (where it has not been served in accordance with subsection (6) above) or subsection (4) above is to be served at the earliest date at which it is reasonably practicable to do so.

(8) This section applies to Scotland as if—

(a) in subsection (4), for " a contract" there were substituted " completed missives ";

(b) in subsection (5), the words from " whereupon the parties " to " shall be repaid " were omitted ; and

(c) in subsection (6), for " section 5(1) of the 1980 Act" there were substituted " section 2(2), 3, 3A and 3B of the Scottish Act of 1980 ".

15 Service of notices

(1) Any notice or other document under this Act may be given to or served on any person and any application or written request under this Act may be made to any person—

(a) by delivering it to him or leaving it at his proper address, or

(b) by sending it to him by post,

and also, where the person concerned is a body corporate, by giving or making it to or serving it on the secretary or clerk of that body.

(2) For the purposes of this section and of section 7 of the [1978 c. 30.] Interpretation Act 1978 as it applies for the purposes of this section, the proper address of any person shall be—

(a) in the case of a body corporate or its secretary or clerk, the address of the principal office of the body,

(b) in any other case, his last known address,

and also, where an additional address for service has been specified by that person in a notice under section 26(3) of this Act, that address.

16 Reinstatement of defective dwelling by appropriate authority

(1) Where a relevant interest in a defective dwelling has been disposed of by a public sector authority, then (without prejudice to any of their other powers) the appropriate authority may before the end of the period within which a person may seek assistance under this Act in respect of the dwelling enter into an agreement with any person holding an interest in the dwelling or any person who is a statutory tenant of it to execute at his expense any of the work required to reinstate the dwelling.

(2) For the purposes of subsection (1) above, a disposal by or under any enactment of an interest in a dwelling held by a public sector authority is to be treated as a disposal of that interest by the authority.

(3) In this section " statutory tenant" is to be construed in accordance with section 2 of the 1977 Act or, as the case may be, section 3 of the 1971 Act.

17 Jurisdiction of county court and rules of procedure

(1) Subject to sections 1(6), 8(6), 9(8), and 12(8) of this Act and paragraph 3 of Schedule 2 to this Act, a county court has jurisdiction to determine any question arising under this Act (except section 28) and to entertain any proceedings brought in connection with the performance or discharge of any obligations so arising, including proceedings for the recovery of damages or compensation in the event of the obligations not being performed.

(2) The jurisdiction conferred by this section includes jurisdiction to entertain proceedings on any question so arising notwithstanding that no other relief is sought than a declaration.

(3) Where an authority required by section 5(5) or 6(6) of this Act to extend or further extend any period fail to do so, the county court may by order extend or further extend that period until such date as may be specified in the order.

(4) The Lord Chancellor may make such rules and give such directions as he thinks fit for the purpose of giving effect to this section.

(5) The rules and directions may provide for the exercise by any registrar of a county court of any jurisdiction exercisable under this section.

(6) This section does not apply to Scotland.

18 Jurisdiction of sheriff in Scotland

(1) Subject to sections 1(6), 8(6), 9(8) and 12(8) of this Act and paragraph 3 of Schedule 2 to this Act, a sheriff of the sheriff court district within which the defective dwelling is situated has jurisdiction to determine any question arising under this Act (except section 28) and to entertain any proceedings brought in connection with the performance or discharge of any obligations so arising, including proceedings for the recovery of damages or compensation in the event of the obligations not being performed.

(2) Where an authority required by section 5(5) or 7(7) of this Act to extend or further extend any period fail to do so, the sheriff may extend or further extend that period until such date as he may specify.

(3) This section applies only to Scotland.

19 Secretary of State's contribution to expenditure

(1) The Secretary of State may if he thinks fit in any case contribute towards the expense incurred by a housing authority—

(a) in giving assistance in respect of a defective dwelling by way of reinstatement grant under section 5 of this Act, or, where it is a defective dwelling by virtue of section 1 of this Act, by way of repurchase under section 6 or 7 of this Act, or

(b) in making any payment under section 8 or 9 of this Act.

(2) His contribution shall take the form of an annual payment, for a period of twenty years beginning with the financial year in which the work in respect of which the grant was payable was completed or in which the acquisition of the interest concerned was completed or in which the payment under section 8 or 9 of this Act was made, as the case may be, of a sum equal to the relevant percentage of the annual loan charges referable to the amount of the expense incurred.

(3) In subsection (2) above, " the relevant percentage" means—

(a) in the case of reinstatement grant, 90 per cent.,

(b) in the case of repurchase or of any payment under section 8 or 9 of this Act, being a case in which there has at any time been a disposal of a relevant interest in the defective dwelling concerned by the housing authority or any authority being their predecessor, 75 per cent., and

(c) in any other case of repurchase or payment under that section, 100 per cent.,

or such other percentage as (in any of those cases) the Secretary of State may with the consent of the Treasury by order specify in respect of assistance, or payments, or any class of assistance or payments specified in the order, given or made in pursuance of applications made after such date as may be so specified.

(4) An order under subsection (3) above—

(a) may make different provision for assistance given or payments made in respect of defective dwellings in different areas or under different provisions or for different purposes of the same provision,

(b) shall not be made unless a draft of the order has been laid before and approved by a resolution of the Commons House of Parliament, and

(c) shall not specify a date earlier than the date of the laying of the draft.

(5) The amount to be taken for the purposes of this section as the amount of the expense incurred is—

(a) in the case of reinstatement grant, the amount of the grant, and

(b) in the case of repurchase—

(i) the price paid for the acquisition of the interest concerned, together with any amount reimbursed under section 11 of this Act, less

(ii) the value of that interest at " the relevant time " (within the meaning of Schedule 2 to this Act) ascertained in accordance with paragraph 2 of that Schedule (but without the assumption required by sub-paragraph (2)(a) of that paragraph), and

(c) in the case of any payment under section 8 or 9 of this Act, the amount of the payment.

(6) For the purposes of subsection (2) above, the annual loan charges referable to the amount of the expense incurred means the annual sum which, in the opinion of the Secretary of State, would fall to be provided by a housing authority for the payment of interest on, and the repayment of, a loan of that amount repayable over a period of twenty years.

(7) Any payment by the Secretary of State under this section shall be payable at such time, in such manner, and subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the agreement of the Treasury, determine.

(8) Without prejudice to the generality of subsection (7) above, the making of any such payment shall be subject to the making of a claim for the payment in such form, and containing such particulars, as the Secretary of State may from time to time determine.

20 Amendment of Tenants' Rights, Etc. (Scotland) Act 1980

After section 9 of the [1980 c. 52.] Tenants' Rights, Etc. (Scotland) Act 1980 there is added—

“9A Application of Part I when dwelling-house is repurchased as defective.

In any case where—

(a) a person is granted a secure tenancy in pursuance of section 10(3) of the Housing Defects Act 1984 (grant of secure tenancy on acquisition of defective dwelling), and

(b) that person would not otherwise have the right to purchase under this Part of this Act,

the provisions of this Part of this Act shall apply to him subject to the following modifications of section 1—

(i) in subsection (3), the words from ' and, immediately prior to the relevant date' to the end of the subsection shall not apply ; and

(ii) in subsection (5)(b)—

((A)) for the words ' 32 per cent.' there shall be substituted the words ' 30 per cent.'; and

((B)) the words ' beyond 2 ' shall not apply”.

21 Modification of Act in relation to shared ownership leases

(1) The Secretary of State may by regulations provide for this Act to have effect, in its application to any case in which a person is eligible for assistance in respect of a defective dwelling and his interest in the dwelling is either—

(a) a shared ownership lease, or

(b) the freehold acquired under the terms of a shared ownership lease, subject to such modifications as may be specified in the regulations.

(2) Regulations under this section may (without prejudice to the generality of subsection (1) above)—

(a) require an authority receiving an application under section 3 of this Act by a person who—

(i) is eligible for assistance in respect of a defective dwelling, and

(ii) holds an interest falling within paragraph (a) or (b) of subsection (1) above,

to determine under that section that he is entitled to assistance by way of repurchase, and

(b) make any provision that may be made by an order under section 3(6) of this Act.

(3) An authority shall not entertain an application under section 3 of this Act by a person whose interest in the defective dwelling concerned falls within paragraph (a) or (b) of subsection (1) above unless regulations under this section are in force at the time of application in respect of that interest.

(4) In this section " shared ownership lease " means—

(a) a shared ownership lease within the meaning of Part I of the [1984 c. 29.] Housing and Building Control Act 1984,

(b) a lease of a dwelling-house granted otherwise than in pursuance of that Part which contains provision to the like effect as that required by paragraph 3 of Schedule 3 to that Act,

(c) a lease of a description specified by the regulations, or

(d) a lease determined, or falling within a class determined, by the Secretary of State to be a shared ownership lease;

but where a lease becomes a shared ownership lease by virtue of regulations under this section or a determination under paragraph (d) above, that shall not affect the operation of the provisions of this Act in relation to a person who is eligible for assistance in respect of a defective dwelling if application for assistance in respect of the dwelling has previously been made by him under section 3 of this Act.

(5) Regulations under this section may make different provision for England and Wales and for different descriptions of shared ownership lease.

(6) This section does not apply to Scotland.

22 Application of Act in relation to mortgagees

(1) The Secretary of State may by regulations make provision for the purpose of conferring rights and obligations on any mortgagee of a defective dwelling where—

(a) a power of sale (whether conferred by section 101 of the [1925 c. 20.] Law of Property Act 1925 or otherwise) is exercisable by the mortgagee, and

(b) the mortgagor is eligible for assistance in respect of the defective dwelling.

(2) The rights that may be conferred on a mortgagee by regulations under this section are—

(a) rights corresponding to those conferred by this Act on a person holding a relevant interest in the defective dwelling,

(b) the right to require the appropriate authority to acquire in accordance with the regulations any interest in the defective dwelling to be disposed of in exercise of the power of sale, and

(c) where the mortgagee is the appropriate authority, the right by deed to vest the dwelling in themselves,

and the rights that may be so conferred may be conferred in place of any rights conferred on any other person by this Act.

(3) Regulations under this section may provide that, where the conditions in subsection (1)(a) and (b) above are or have been satisfied, this Act, the power of sale in question and any enactment relating to the power of sale shall have effect subject to such modifications as may be specified in the regulations.

(4) Where a defective dwelling is vested in a mortgagee in pursuance of regulations under this section or in pursuance of sections 112 and 113 of the 1980 Act or section 19 of and Schedule 5 to the [1984 c. 29.] Housing and Building Control Act 1984 (vesting of mortgaged dwelling-house in local authority etc.), the regulations may provide for the payment in respect of the vesting of an amount calculated on the assumption that none of the defective dwellings to which the designation in question relates are affected by the qualifying defect, and those enactments shall have effect subject to any such provisions.

(5) Regulations under this section—

(a) may make different provision for different cases, and

(b) may make incidental and consequential provision.

(6) In this section " mortgagee " and " mortgagor " have the same meaning as in the Law of Property Act 1925.

(7) This section does not apply to Scotland.

23 Application of Act in relation to lenders on security of defective dwelling in Scotland

(1) The Secretary of State may by regulations make provision for the purpose of conferring rights and obligations on any person who has granted a loan on the security of a defective dwelling where—

(a) a power of sale is exercisable by the lender, and

(b) the borrower is eligible for assistance in respect of the defective dwelling.

(2) The rights that may be conferred on a lender by regulations under this section are—

(a) rights corresponding to those conferred by this Act on a person holding a relevant interest in the defective dwelling, and

(b) the right to require the appropriate authority to acquire in accordance with the regulations any interest in the defective dwelling to be disposed of in exercise of the power of sale,

and the rights that may be so conferred may be conferred in place of any rights conferred on any other person by this Act.

(3) Regulations under this section may provide that, where the conditions in subsection (1)(a) and (b) above are or have been satisfied, this Act, the power of sale and any enactment relating to the power of sale in question shall have effect subject to such modifications as may be specified in the regulations.

(4) Regulations under this section—

(a) may make different provision for different cases, and

(b) may make incidental and consequential provision.

(5) This section applies to Scotland only.

24 Regulations, rules and orders

(1) Any power of the Secretary of State to make an order or regulations under any provision of this Act shall be exercisable by statutory instrument.

(2) No order shall be made under section 3(6) of this Act unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(3) The power of the Lord Chancellor to make rules under section 17 of this Act shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument containing regulations under sections 21, 22 or 23 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) A statutory instrument containing an order under paragraph 1 or 2 of Schedule 1 to this Act shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament.

25 Expenses

There shall be paid out of money provided by Parliament any expenses incurred by the Secretary of State under this Act and any increase attributable to this Act in the sums payable out of money so provided under any other Act.

26 Appropriate authorities

(1) In this Act, subject to the following provisions of this section, " appropriate authority " in relation to a defective dwelling means the housing authority in whose area the dwelling is situated.

(2) Where the appropriate authority give a notice under section 4(2) of this Act to any person stating that he is entitled to assistance by way of repurchase in respect of a defective dwelling and they are of the opinion that—

(a) there has at any time been a disposal of a relevant interest in the dwelling by a body mentioned in column 1 of the following Table or any predecessor there mentioned (and there has been no disposal falling within this paragraph since that time), and

(b) where any conditions are mentioned in column 2 of the entry for that body, those conditions are satisfied at the time at which that notice is served,

they shall forthwith give to the body a notice in writing (together with a copy of the notice referred to above) stating that the body may acquire in accordance with this Act the interest of the person entitled to assistance:

TABLE

Public sector authority	Conditions
A housing association being a public sector authority, and a housing association being its predecessor.	None.
The Scottish Special Housing Association.	None.
A development corporation established by an order made or having effect as if made under the [1981 c. 64.] New Towns Act 1981 or the [1968 c. 16.] New Towns (Scotland) Act 1968.	No interests have at any time been transferred from the corporation in pursuance of a scheme made or having effect as if made under section 42 of the New Towns Act 1981.
The Development Board for Rural Wales.	None.
A housing authority and any authority being their predecessor.	The housing authority provide housing accommodation in the vicinity of the defective dwelling and that dwelling may conveniently be managed with that accommodation.
Any other public sector authority specified by the Secretary of State by order and any predecessor so specified of the authority.	Any conditions specified by the order.

(3) The body concerned may, within the period of four weeks beginning with the service of the appropriate authority's notice under subsection (2) above, give them notice in writing—

(a) stating that the body wishes to acquire the interest, and

(b) specifying the address of the principal office of the body and any other address that may also be used as an address for service.

(4) Where the appropriate authority (in the following provisions referred to as the " original authority ") receive a notice under subsection (3) above, they shall forthwith give to the person entitled to assistance notice in writing (in those provisions referred to as a " transfer notice ") of—

(a) the contents of the notice under subsection (3) above, and

(b) the effect of subsections (5) and (6) below.

(5) The body concerned shall, at any time after the transfer notice is given, be treated as being the appropriate authority (in place of the original authority) for the purposes of anything done or falling to be done under this Act by or in relation to the appropriate authority.

(6) Where a transfer notice has been given in respect of an interest—

(a) a request under section 6(1) or 7(1) of this Act in respect of the interest may be made either to the original authority or to the appropriate authority, and

(b) such a request made to the original authority (whether before or after the transfer notice is given) shall be forwarded by them to the appropriate authority.

(7) Where, apart from subsection (8) below, the appropriate authority acquiring an interest in a defective dwelling might be required under section 10 of this Act to grant a secure tenancy (within the meaning of that section) to any person, but—

(a) in relation to England and Wales, the authority are not one of the following bodies, that is, the bodies mentioned in section 28(4) of the 1980 Act or a housing association falling within section 15(3) of the 1977 Act or

(b) in relation to Scotland, the authority are not one of the bodies mentioned in section 10(2) of the Scottish Act of 1980,

section 10 of this Act shall have effect with the following modifications.

(8) Those modifications are—

(a) in subsection (3), for the words " a secure " there is substituted " or arrange for him to be granted an appropriate ",

(b) at the end of that subsection there is inserted—

“For the purposes of this subsection, a tenancy is an appropriate tenancy if it is either—

(i) a secure tenancy, or

(ii) a protected tenancy, other than one under which the landlord might recover possession under one of the cases in Part II of Schedule 15 to the 1977 Act or, as the case may be, Part II of Schedule 3 to the 1971 Act (cases where court must order possession)”,

(c) subsections (4), (9), (10) and (11) shall not apply,

(d) in subsection (5), after the words " grant the tenancy " there is inserted " or arrange for it to be granted ",

(e) in subsection (6), after the word " section " there is inserted " or under any arrangements made for the purposes of subsection (3) above ", and

(f) in subsection (7), after the word "grant" there is inserted " or arrange for the grant of

27 General interpretation

(1) In this Act—

• " associated arrangement" has the meaning given by section 4(6) of this Act;

• " cut-off date " is to be construed in accordance with section 1(2)(b) or, as the case may be, 12(3)(b) of this Act;

• " defective dwelling " is to be construed in accordance with section 1(2) or, as the case may be, 12(3) of this Act;

• " housing association " has the same meaning as in the [1957 c. 56.] Housing Act 1957 or the [1966 c. 49.] Housing (Scotland) Act 1966 ;

• "housing authority" means a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Stilly or, in Scotland, an islands or district council;

• " lending institution" means any building society within the meaning of the [1962 c. 37.] Building Societies Act 1962 and any of the bodies specified in paragraphs 6, 7 and 8 of the Schedule to the [1978 c. 27.] Home Purchase Assistance and Housing Corporation Guarantee Act 1978 ;

• " person entitled to assistance by way of reinstatement grant" and " person entitled to assistance by way of repurchase " are to be construed in accordance with section 4(5) of this Act;

• " public sector authority " is to be construed in accordance with Schedule 4 to this Act;

• " qualifying defect" is to be construed (subject to section 13(2) of this Act) in accordance with section 1(2)(a) or, as the case may be, 12(3)(a) of this Act;

• " relevant interest " has the meaning given by section 2(8) of this Act;

• " the 1971 Act" means the [1978 c. 28.] Rent (Scotland) Act 1971 ;

• " the 1977 Act " means the [1977 c. 42.] Rent Act 1977 ;

• " the 1980 Act" means the [1980 c. 51.] Housing Act 1980 ;

• " the Scottish Act of 1980 " means the [1980 c. 52.] Tenants' Rights, Etc. (Scotland) Act 1980 ; and

• " work required to reinstate a defective dwelling " is to be construed in accordance with section 3(7) of this Act.

(2) In this Act (except sections 10 and 28 and paragraph 4 of Schedule 2) " dwelling " means any house, flat or other unit designed or adapted for living in; and for the purposes of this Act a building so designed or adapted is a house if it is a structure reasonably so called, so that—

(a) where a building is divided into units so designed or adapted and either it is so divided horizontally or a material part of any unit lies above or below any other unit, those units are not houses (though the building as a whole may be); and

(b) where a building is divided vertically into units so designed or adapted, those units may be houses.

(3) In any case where—

(a) a house which is divided into flats or other units is a defective dwelling, and

(b) a person is eligible for assistance in respect of that dwelling, the fact that it is so divided is to be disregarded for the purposes of section 3(4)(a) of this Act.

(4) References in this Act to a disposal of an interest in a dwelling by a public sector authority include a reference to a disposal of a Crown interest or a Duchy interest in the dwelling; and in this subsection—

• " Crown interest" means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department;

• " Duchy interest" means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall; and

• " government department" includes any Minister of the Crown.

(5) Subject to subsection (6) below, where any interest in land is disposed of under a contract, the time at which the disposal is made is, for the purposes of this Act, the time the contract is made (and not, if different, the time at which the interest is conveyed).

(6) If the contract is conditional (and in particular if it is conditional on the exercise of an option) the time at which the disposal is made for those purposes is the time when the condition is satisfied.

(7) This section applies to Scotland as if, for subsections (5) and (6) above there were substituted—

“(5) Subject to subsection (6) below, where an interest in land is disposed of, the time at which the disposal is made is, for the purposes of this Act, the time the missives are concluded (and not, if different, the date of entry specified in the missives).

(6) If the missives contain a condition precedent (and in particular if they contain a condition relating to the exercise of an option) the time at which the disposal is made for those purposes is the time when the condition precedent is satisfied.”

28 Provision in building society agreements to be disregarded under Restrictive Trade Practices Act 1976

(1) In determining for the purposes of the [1976 c. 34.] Restrictive Trade Practices Act 1976 whether an agreement between building societies is one to which that Act applies by virtue of an order made, or having effect as if made, under section 11 of that Act, no account shall be taken of any term (whether or not subject to exceptions) by which the parties or any of them agree not to grant loans on the security of new houses unless they have been built by or at the direction of a person who is registered with, or has agreed to comply with standards of house building laid down or approved by, an appropriate body.

(2) In this section—

• " building society " means a society within the meaning of the [1962 c. 37.] Building Societies Act 1962 or the [1967 c. 31 (N.I.).] Building Societies Act (Northern Ireland) 1967 ;

• " new house" means any building or part of a building intended for use as a private dwelling and not previously occupied as such; and

• " appropriate body" means a body concerned with the specification and control of standards of house building—

  (a)

  which has its chairman, or the chairman of its board of directors or other governing body, appointed by the Secretary of State ; and

  (b)

  which promotes or administers a scheme conferring rights in respect of defects in the condition of houses on persons having or acquiring interests in them.

(3) The Director General of Fair Trading shall remove from the register maintained by him under the said Act of 1976 any particulars which at the passing of this Act are entered or filed in that register so far as they relate to any such term as is mentioned in subsection (1) above.

(4) In subsection (1) above the reference to a term includes a reference to a term to which the parties or any of them are deemed to have agreed by virtue of section 16 of the said Act of 1976 (recommendations of services supply associations).

29 Short title, commencement and extent

(1) This Act may be cited as the Housing Defects Act 1984.

(2) This Act, except section 28, shall come into force on such day as the Secretary of State may by order appoint; and

(a) different days may be appointed for different provisions ; and

(b) any provision may be brought into force on different days for England, Scotland and Wales.

(3) This Act, except section 28, does not extend to Northern Ireland.