Chwilio Deddfwriaeth

Chwiliad Uwch

Housing Act 1985

Changes to legislation:

Housing Act 1985 is up to date with all changes known to be in force on or before 22 December 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

  1. Introductory Text

  2. PART I INTRODUCTORY PROVISIONS

    1. Local housing authorities

      1. 1. Local housing authorities.

      2. 2. The district of a local housing authority

      3. 3. Buildings situated in more than one district.

    2. Other authorities and bodies

      1. 4. Other descriptions of authority.

      2. 5. Housing associations.

      3. 6. Housing trusts.

      4. 6A. The Corporation

    3. Supplementary provisions

      1. 7. Index of defined expressions: Part I.

  3. PART II PROVISION OF HOUSING ACCOMMODATION

    1. Main powers and duties of local housing authorities

      1. 8. Periodical review of housing needs.

      2. 9. Provisions of housing accommodation.

      3. 10. Provision of furnishings and fittings.

      4. 11. Provision of board and laundry facilities.

      5. 11A. Provision of welfare services.

      6. 12. Provision of shops, recreation grounds, etc.

      7. 13. Provision of streets, roads and open spaces and development generally.

      8. 14. Exercise of powers by authority outside district.

    2. Powers of authorities in London

      1. 15. Additional powers of authorities in London.

      2. 16. Exercise of powers outside Greater London.

    3. Acquisition of land, etc.

      1. 17. Acquisition of land for housing purposes.

      2. 18. Duties with respect to buildings acquired for housing purposes.

      3. 19. Appropriation of land.

    4. Housing management

      1. 20. Application of housing management provisions.

      2. 21. General powers of management.

      3. 22. Allocation of housing.

      4. 23. Byelaws.

      5. 24. Rents.

      6. 25. Increase of rent where tenancy not secure.

      7. 26. Financial assistance towards tenants’ removal expenses.

    5. Management agreements

      1. 27. Management agreements.

      2. 27A. Consultation required before management agreement can be approved.

      3. 27AA. Management agreements and compulsory competitive tendering.

      4. 27AB. Management agreements with tenant management organisations.

      5. 27B. Agreements with housing co-operatives under superseded provisions.

    6. Consultation with respect to housing management

      1. 27BA. Consultation with respect to management.

    7. Proposals for co-operative management or ownership

      1. 27C. Proposals for co-operative management or ownership.

    8. Powers of county councils

      1. 28. Reserve powers to provide housing accommodation.

      2. 29. Provision of accommodation for employees of county councils.

    9. Miscellaneous powers of other authorities and bodies

      1. 30. Application of provisions to development corporations, etc.

      2. 31. Power of bodies corporate to sell or let land for housing purposes.

    10. Disposal of land held for housing purposes

      1. 32. Power to dispose of land held for purposes of this Part.

      2. 33. Covenants and conditions which may be imposed.

      3. 34. Consents under ss. 32 and 33.

      4. 34A.Requirements to co-operate in relation to certain disposals

      5. 35. Repayment of discount on early disposal.

      6. 35A.Increase in value of house attributable to home improvements

      7. 36. Liability to repay is a charge on the premises.

      8. 36A.Right of first refusal for local authority

      9. 36B.Consideration payable for disposal under section 36A

      10. 37. Restriction on disposal of dwelling-houses in National Parks, etc.

      11. 38. Relevant disposals.

      12. 39. Exempted disposals.

      13. 39A.Treatment of deferred resale agreements for purposes of section 35

      14. 40. Meaning of “compulsory disposal”.

      15. 41. Exempted disposals which end liability under covenants.

      16. 42. Treatment of options.

      17. 43. Consent required for certain disposals not within s. 32.

      18. 44. Avoidance of certain disposals of houses without consent.

    11. Restriction on service charges

      1. 45. Disposals in relation to which ss. 46 to 51 apply, etc. payable after disposal of house

      2. 46.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 47. Limitation of service charges.

      4. 48. Information as to relevant costs.

      5. 49.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      6. 50. Offences.

      7. 51. Meaning of “qualified accountant”.

    12. Miscellaneous

      1. 52. Compliance with minimum standards in erection of houses.

      2. 53. Prefabs deemed to be houses provided under this Part.

    13. Supplementary provisions

      1. 54. Powers of entry.

      2. 55. Penalty for obstruction.

      3. 56. Minor definitions.

      4. 57. Index of defined expressions: Part II.

  4. PART III HOUSING THE HOMELESS

    1. Main definitions

      1. 58. Homelessness and threatened homelessness.

      2. 59. Priority need for accommodation.

      3. 60. Becoming homeless intentionally.

      4. 61. Local connection.

    2. Duties of local housing authorities with respect to homelessness and threatened homelessness

      1. 62. Inquiry into cases of possible homelessness or threatened homelessness.

      2. 63. Interim duty to accommodate in case of apparent priority need.

      3. 64. Notification of decision and reasons.

      4. 65. Duties to persons found to be homeless.

      5. 66. Duties to persons found to be threatened with homelessness.

      6. 67. Referral of application to another local housing authority.

      7. 68. Duties to persons whose applications are referred.

      8. 69. Provisions supplementary to ss. 63, 65 and 68.

      9. 70. Protection of property of homeless persons and persons threatened with homelessness.

    3. Administrative provisions

      1. 71. Guidance to authorities by the Secretary of State.

      2. 72.Co-operation between authorities.

    4. Assistance for voluntary organisations

      1. 73. Financial and other assistance for voluntary organisations concerned with homelessness.

    5. Supplementary provisions

      1. 74. False statements, withholding information and failure to disclose change of circumstances.

      2. 75. Meaning of accommodation available for occupation.

      3. 76. Application of this Part to cases arising in Scotland.

      4. 77. Minor definitions.

      5. 78. Index of defined expressions: Part III.

  5. PART IV SECURE TENANCIES AND RIGHTS OF SECURE TENANTS

    1. Security of tenure

      1. 79. Secure tenancies.

      2. 80. The landlord condition.

      3. 81. The tenant condition.

      4. 82. Security of tenure.

      5. 82A.Demotion because of anti-social behaviour

      6. 83. Proceedings for possession or termination: general notice requirements.

      7. 83ZA.Notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour

      8. 83A. Additional requirements in relation to certain proceedings for possession.

      9. 84. Grounds and orders for possession.

      10. 84A.Absolute ground for possession for anti-social behaviour

      11. 85. Extended discretion of court in certain proceedings for possession.

      12. 85ZA. Review of decision to seek possession on absolute ground for anti-social behaviour

      13. 85A.Proceedings for possession: anti-social behaviour

      14. 86. Periodic tenancy arising on termination of fixed term.

    2. Succession on death of tenant

      1. 86A.Persons qualified to succeed tenant: England

      2. 87. Persons qualified to succeed tenant: Wales.

      3. 88. Cases where the tenant is a successor.

      4. 89. Succession to periodic tenancy.

      5. 90. Devolution of term certain.

    3. Assignment, lodgers and subletting

      1. 91. Assignment in general prohibited.

      2. 92. Assignments by way of exchange.

      3. 93. Lodgers and subletting.

      4. 94. Consent to subletting.

      5. 95. Assignment or subletting where tenant condition not satisfied.

    4. Repairs and improvements

      1. 96. Right to have repairs carried out.

      2. 97. Tenant’s improvements require consent.

      3. 98. Provisions as to consents required by s. 97.

      4. 99. Conditional consent to improvements.

      5. 99A. Right to compensation for improvements.

      6. 99B. Persons qualifying for compensation.

      7. 100. Power to reimburse cost of tenant’s improvements.

      8. 101. Rent not to be increased on account of tenant’s improvements.

    5. Variation of terms of tenancy

      1. 102. Variation of terms of secure tenancy.

      2. 103. Notice of variation of periodic tenancy.

    6. Provision of information and consultation

      1. 104. Provision of information about tenancies.

      2. 105. Consultation on matters of housing management.

      3. 106. Information about housing allocation.

      4. 106A. Consultation before disposal to private sector landlord.

    7. Flexible tenancies

      1. 107A.Flexible tenancies

      2. 107B.Review of decisions relating to flexible tenancies

      3. 107C.Termination of flexible tenancy by tenant

      4. 107D.Recovery of possession on expiry of flexible tenancy

      5. 107E.Review of decision to seek possession

    8. Miscellaneous

      1. 107. SECURE TENANCIES AND RIGHTS OF SECURE TENANTS

      2. 108. Heating charges

      3. 109. Provisions not applying to tenancies of co-operative housing associations.

    9. Supplementary provisions

      1. 109A. Acquisition of dwelling-house subject to statutory tenancy.

      2. 110. Jurisdiction of county court.

      3. 111. County court rules and directions.

      4. 111A. Introductory tenancies

      5. 112. Meaning of “dwelling-house”.

      6. 113. Members of a person’s family.

      7. 114. Meaning of “landlord authority”.

      8. 115. Meaning of “long tenancy”.

      9. 115A. Meaning of “introductory tenancy”.

      10. 116. Minor definitions.

      11. 117. Index of defined expressions: Part IV

  6. PART V THE RIGHT TO BUY

    1. The right to buy

      1. 118. The right to buy.

      2. 119. Qualifying period for right to buy.

      3. 120. Exceptions to the right to buy

      4. 121. Circumstances in which the right to buy cannot be exercised.

      5. 121A.Order suspending right to buy because of anti-social behaviour

      6. 121AA. Information to help tenants decide whether to exercise right to buy etc.

      7. 121B.Provision of information

    2. Claim to exercise right to buy

      1. 122. Tenant’s notice claiming to exercise right to buy.

      2. 122A. Applications to suspend the right to buy etc in parts of Wales: effect on claims to exercise the right

      3. 122B.Suspension of the right to buy in parts of Wales

      4. 123. Claim to share right to buy with members of family.

      5. 124. Landlord’s notice admitting or denying right to buy.

      6. 125. Landlord’s notice of purchase price and other matters.

      7. 125A. Estimates and information about service charges.

      8. 125B. Estimates and information about improvement contributions.

      9. 125C. Reference period for purposes of ss. 125A and 125B.

      10. 125D. Tenant’s notice of intention.

      11. 125E. Landlord’s notice in default.

    3. Purchase price

      1. 126. Purchase price.

      2. 127. Value of dwelling-house.

      3. 128. Determination of value by district valuer.

      4. 128A.Determination of value: review notices

      5. 128B.Review of determination of value

      6. 129.Discount.

      7. 130. Reduction of discount where previous discount given.

      8. 131. Limits on amount of discount

    4. The right to a mortgage

      1. 132.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 133.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 134.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 135.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. Change of tenant or landlord after service of notice claiming right to buy

      1. 136. Change of secure tenant after notice claiming right to buy.

      2. 137. Change of landlord after notice claiming right to buy or right to a mortgage.

    6. Completion of purchase in pursuance of right to buy

      1. 138.- Duty of landlord to convey freehold or grant lease.

      2. 138A.Effect of initial demolition notice served before completion

      3. 138B.Effect of final demolition notice served before completion

      4. 138C.Compensation where demolition notice served

      5. 139. Terms and effect of conveyance or grant and mortgage.

      6. 140. Landlord’s first notice to complete.

      7. 141. Landlord’s second notice to complete.

      8. 142.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      9. 142A.Termination of the right to acquire on rent to mortgage terms

    7. Right to acquire on rent to mortgage terms

      1. 143. Right to acquire on rent to mortgage terms.

      2. 143A. Right excluded by entitlement to housing benefit.

      3. 143B. Right excluded if minimum initial payment exceeds maximum initial payment.

      4. 144. Tenant’s notice claiming right.

      5. 145. Tenant’s initial share.

      6. 146. Landlord’s notice admitting or denying right.

      7. 146A. Tenant’s notice of intention.

      8. 146B. Landlord’s notice in default.

      9. 147. Notice of landlord’s share and initial discount.

      10. 148. Determination of landlord’s share, initial discount etc.

      11. 149. Change of landlord after notice claiming right.

      12. 150. Duty of landlord to convey freehold or grant lease.

      13. 151. Terms and effect of conveyance or grant: general.

      14. 151A. Redemption of landlord’s share.

      15. 151B. Mortgage for securing redemption of landlord’s share.

      16. 152. Landlord’s first notice to complete.

      17. 153. Landlord’s second notice to complete.

    8. Tenant’s sanction for landlord’s delays

      1. 153A. Tenant’s notices of delay.

      2. 153B. Payments of rent attributable to purchase price etc.

    9. Registration of title

      1. 154. Registration of title.

    10. Provisions affecting future disposals

      1. 155. Repayment of discount on early disposal.

      2. 155A.Amount of discount which may be demanded by landlord: right to buy

      3. 155B.Amount of discount which may be demanded by landlord: right to acquire on rent to mortgage terms

      4. 155C.Increase attributable to home improvements

      5. 156. Liability to repay is a charge on the premises.

      6. 156A. Right of first refusal for landlord etc.

      7. 157. Restriction on disposal of dwelling-houses in National Parks, etc.

      8. 158. Consideration for disposal under section 156A

      9. 159. Relevant disposals.

      10. 160. Exempted disposals.

      11. 161. Meaning of “compulsory disposal”.

      12. 162. Exempted disposals which end liability under covenants.

      13. 163. Treatment of options.

      14. 163A.Treatment of deferred resale agreements for purposes of section 155

    11. Powers of Secretary of State

      1. 164. Secretary of State’s general power to intervene.

      2. 165. Vesting orders for purposes of s. 164.

      3. 166. Other provisions supplementary to s. 164.

      4. 167. Power to give directions as to covenants and conditions.

      5. 168. Effect of direction under s. 167 on existing covenants and conditions.

      6. 169. Power to obtain information, etc.

      7. 170. Power to give assistance in connection with legal proceedings.

    12. Power to extend right to buy, etc.

      1. 171. Power to extend right to buy, etc.

    13. Preservation of right to buy on disposal to private sector landlord

      1. 171A. Cases in which right to buy is preserved.

      2. 171B.Extent of preserved right: qualifying persons and dwelling-houses.

      3. 171C. Modifications of this Part in relation to preserved right.

      4. 171D. Subsequent dealings: disposal of landlord’s interest in qualifying dwelling-house.

      5. 171E. Subsequent dealings: termination of landlord’s interest in qualifying dwelling-house.

      6. 171F. Subsequent dealings: transfer of qualifying person to alternative accommodation.

      7. 171G. Land registration and related matters.

      8. 171H. Disposal after notice claiming to exercise right to buy, etc.

    14. Modifications of Leasehold Reform Act 1967 in relation to leases granted under this Part

      1. 172. Exclusion of leases where landlord is housing association and freeholder is a charity.

      2. 173.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 174. Leases granted under this Part to be treated as long leases at a low rent.

      4. 175. Determination of price payable.

    15. Supplementary provisions

      1. 176. Notices.

      2. 177. Errors and omissions in notices.

      3. 178. Costs.

      4. 179. Provisions restricting right to buy, etc. of no effect.

      5. 180. Statutory declarations.

      6. 181.Jurisdiction of county court.

      7. 182. Power to repeal or amend local Acts.

      8. 183. Meaning of “house”, “flat” and “dwelling-house”.

      9. 184. Land let with or used for purposes of dwelling-house.

      10. 185. Meaning of “secure tenancy” and “secure tenant”.

      11. 186. Members of a person’s family.

      12. 187. Minor definitions.

      13. 188. Index of defined expressions: Part V

  7. PART VI REPAIR NOTICES

    1. Repair Notices

      1. 189. Repair notice in respect of unfit dwelling-house.

      2. 190. Repair notice in respect of dwelling-houseor house in multiple occupation in state of disrepair but not unfit.

      3. 190A. Effect on section 189 of proposal to include premises in group repair scheme.

      4. 191. Appeals against repair notices.

      5. 191A. Execution of works by local housing authority by agreement

      6. 192.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. Enforcement

      1. 193. Power of local housing authority to execute works.

      2. 194. Notice of authority’s intention to execute works.

      3. 195. Power of court to order occupier or owner to permit things to be done.

      4. 196. Power of court to authorise owner to execute works on default of another owner.

      5. 197. Powers of entry.

      6. 198. Penalty for obstruction.

      7. 198A. Penalty for failure to execute works.

    3. Provisions for protection of owner and others

      1. 199—201.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 202. Owner not in receipt of rents, &c. to receive notice of proceedings.

      3. 203. Saving for rights arising from breach of covenant, &c.

      4. 204. Effect of approved proposals for re-development.

    4. Supplementary provisions

      1. 205.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 206.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 207. Minor definitions.

      4. 208. Index of defined expressions: Part VI.

  8. PART VII

    1. 209—238.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  9. PART VIII AREA IMPROVEMENT

    1. Housing action areas

      1. 239. Declaration of housing action area.

      2. 240. Steps to be taken after declaration of housing action area.

      3. 241. Functions of Secretary of State with respect to declaration of housing action area.

      4. 242. Incorporation into housing action area of land comprised in general improvement area.

      5. 243. General powers of local housing authority.

      6. 244. Environmental works.

      7. 245. Contributions by Secretary of State.

      8. 246. Duty to publish information.

      9. 247. Changes of ownership or occupation of land to be notified to local housing authority.

      10. 248. Form and contents of notification under s. 247.

      11. 249. Penalty for failure to notify, &c.

      12. 250. Exclusion of land from, or termination of, housing action area.

      13. 251. Extension of duration of housing action area.

      14. 252. Meaning of “housing accommodation” and related expressions.

    2. General improvement areas

      1. 253. Declaration of general improvement area.

      2. 254. Steps to be taken after declaration.

      3. 255. General powers of local housing authority.

      4. 256. Power to apply for orders extinguishing right to use vehicles on highway.

      5. 257. Duty to publish information.

      6. 258. Exclusion of land from, or termination of, general improvement area.

      7. 259. Contributions by Secretary of State.

    3. Supplementary provisions

      1. 259A. Effect of resolutions relating to housing action area or general improvement area.

      2. 259B. Effect of certain resolutions passed before commencement of s. 259A.

      3. 260. Powers of entry.

      4. 261. Penalty for obstruction.

      5. 262. Minor definitions.

      6. 263. Index of defined expressions: Part VIII

  10. PART IX SLUM CLEARANCE

    1. Demolition or closing of unfit premises beyond repair at reasonable cost

      1. 264. Power to make closing order.

      2. 265. Demolition orders

      3. 266.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 267. Content of demolition . . . .

      5. 268. Service of copies of demolition order.

      6. 269. Right of appeal against order.

      7. 269A.Appeals suggesting certain other courses of action

    2. Demolition orders

      1. 270. Demolition orders: recovery of possession of building to be demolished.

      2. 271. Demolition orders: execution of order.

      3. 272. Demolition orders: expenses of local housing authority, &c.

      4. 273. Demolition orders: cleansing before demolition.

      5. 274. Demolition orders: power to permit reconstruction of condemned house.

      6. 274A.Effect of certain enforcement action under the Housing Act 2004

      7. 275. Demolition orders: substitution of prohibition order to permit use otherwise than for human habitation

    3. Closing orders

      1. 276. Closing orders: recovery of possession of house.

      2. 277. Closing orders: enforcement.

      3. 278. Closing orders: determination of order on premises being rendered fit.

      4. 279. Closing orders: substitution of demolition order.

      5. 280—282.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. Demolition of obstructive buildings

      1. 283. Buildings liable to be demolished as “obstructive buildings”.

      2. 284. Obstructive building order.

      3. 285. Right of appeal against obstructive building order.

      4. 286. Obstructive building order: recovery of possession of building to be demolished.

      5. 287. Execution of obstructive building order.

      6. 288. Obstructive buildings: expenses of local housing authority, &c.

    5. Clearance areas

      1. 289. Declaration of clearance area.

      2. 290. Acquisition of land for clearance.

      3. 291. Method of dealing with land acquired for clearance.

      4. 292. Power to discontinue proceedings if acquisition of land proves unnecessary.

      5. 293. Property belonging to the local housing authority.

      6. 294. Extinguishment of public rights of way over land acquired.

      7. 295. Extinguishment of other rights over land acquired.

      8. 296. Apparatus of statutory undertakers.

      9. 297. Procedure for removal or alteration of apparatus under s. 296.

      10. 298. Telecommunication apparatus.

      11. 299.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    6. Use of condemned houses for temporary housing accommodation

      1. 300. Purchase of houses liable to be demolished or to be subject to a prohibition order.

      2. 301. Retention of houses acquired for clearance.

      3. 302. Management and repair of houses acquired under s. 300 or retained under s. 301

    7. Listed buildings

      1. 303. Meaning of “listed building”.

      2. 304. Demolition order not to be made in respect of listed building .

      3. 305. Building becoming listed when subject to compulsory purchase for clearance.

      4. 306. Building becoming listed when acquired by agreement for clearance.

    8. Provisions for protection or assistance of owners

      1. 307. Saving for rights arising from breach of covenant, &c.

      2. 308. Approval of owner’s proposals for redevelopment.

      3. 309. Recovery of possession of premises for purposes of approved re-development.

      4. 310. Certificate of fitness resulting from owner’s improvements or alterations.

      5. 311. Consideration of proposals under s. 308 or s. 310 with respect to premises in clearance area.

      6. 312—314.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    9. Miscellaneous

      1. 315. Power of court to order occupier or owner to permit things to be done.

      2. 316. Power of court to authorise owner to demolish premises on default of another owner.

      3. 317. Power of court to determine lease where premises demolished . . . .

      4. 318. Power of tribunal to authorise execution of works on unfit premises or for improvement.

    10. Supplementary provisions

      1. 319. Powers of entry.

      2. 320. Penalty for obstruction.

      3. 321.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 322. Minor definitions.

      5. 323. Index of defined expressions: Part IX.

  11. PART X OVERCROWDING

    1. Definition of overcrowding

      1. 324. Definition of overcrowding.

      2. 325. The room standard.

      3. 326. The space standard.

    2. Responsibility of occupier

      1. 327. Penalty for occupier causing or permitting overcrowding.

      2. 328. Exception:children attaining age of 1 or 10.

      3. 329. Exception; visiting member of family.

      4. 330. Licence of local housing authority.

    3. Responsibilities of landlord

      1. 331. Penalty for landlord causing or permitting overcrowding.

      2. 332. Information to be contained in rent book.

      3. 333. Duty to inform local housing authority of overcrowding.

    4. Powers and duties of local housing authority

      1. 334. Duty to inspect, report and prepare proposals.

      2. 335. Power to require information about persons sleeping in dwelling.

      3. 336. Power to require production of rent book.

      4. 337. Power of entry to determine permitted number of persons.

      5. 338. Notice to abate overcrowding.

    5. Supplementary provisions

      1. 339. Enforcement of this Part.

      2. 340. Powers of entry.

      3. 341. Penalty for obstruction.

      4. 342. Meaning of “suitable alternative accommodation”.

      5. 343. Minor definitions.

      6. 344. Index of defined expressions:Part X

  12. PART XI HOUSES IN MULTIPLE OCCUPATION

    1. Introductory

      1. 345. Meaning of “multiple occupation”.

    2. Registration schemes

      1. 346. Registration schemes.

      2. 346A. Contents of registration scheme.

      3. 346B. Model schemes and confirmation of schemes.

      4. 347. Control provisions.

      5. 348. Control provisions: decisions on applications and appeals.

      6. 348A. Control provisions: other decisions and appeals.

      7. 348B. Special control provisions.

      8. 348C. Special control provisions: general provisions as to decisions and appeals.

      9. 348D. Special control provisions: occupancy directions.

      10. 348E. Special control provisions: decisions and appeals relating to occupancy directions.

      11. 348F. Special control provisions: “relevant management failure”.

      12. 348G. Offences in connection with registration schemes.

      13. 349. Steps required to inform public about schemes.

      14. 350. Power to require information for purposes of scheme.

      15. 351. Proof of scheme and contents of register.

    3. Fitness for the number of occupants

      1. 352. Power to require execution of works to render premises fit for number of occupants.

      2. 352A. Recovery of expenses of notice under s.352.

      3. 353. Appeal against notice under s. 352.

      4. 354. Power to limit number of occupants of house.

      5. 355. Effect of direction under s. 354.

      6. 356. Power to require information about occupation of house.

      7. 357. Revocation or variation of direction under s. 354.

    4. Overcrowding

      1. 358. Service of overcrowding notice.

      2. 359. Contents of overcrowding notice.

      3. 360. Requirement as to overcrowding generally.

      4. 361. Requirement as to new residents.

      5. 362. Appeal against overcrowding notice.

      6. 363. Revocation and variation of notice.

      7. 364. Power to require information where notice in force.

      8. 365. Means of escape from fire; general provisions as to exercise powers.

      9. 366, 367. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      10. 368. Means of escape from fire: power to secure that part of house not used for human habitation.

    5. Standards of management

      1. 369.The management code.

      2. 370, 371. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 372. Power to require execution of works to remedy neglect of management.

      4. 373. Appeal against notice under s. 372.

      5. 374. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    6. Supplementary provisions as to works notices

      1. 375. Carrying out of works by local housing authority.

      2. 376. Penalty for failure to execute works.

      3. 377. Powers of court to facilitate execution of works, &c.

      4. 377A. Works notices: improvement of enforcement procedures.

      5. 378. Provisions for protection of owners.

      6. 379. Making of control order.

      7. 380. Modification of control order where proprietor resides in part of house.

      8. 381. General effect of control order.

      9. 382. Effect of control order on persons occupying house.

      10. 383. Effect of control order in relation to furniture in case of furnished letting.

      11. 384. Appeal against control order.

      12. 385. General duties of local housing authority when control order is in force.

      13. 386. Duty to prepare management scheme.

      14. 387. Right of entry for inspection and carrying out of works.

      15. 388. Power to supply furniture and fittings.

      16. 389. Compensation payable to dispossessed proprietor.

      17. 390. Facilities to be afforded to dispossessed proprietor and others.

      18. 391. Power of court to modify or determine lease.

      19. 392. Expiry or revocation of control order.

      20. 393. Appeal against refusal to revoke control order.

      21. 394. Cessation of control order.

    7. General supplementary provisions

      1. 395. Powers of entry.

      2. 395A. Codes of practice.

      3. 396. Penalty for obstruction.

      4. 397. Warrant to authorise entry.

      5. 398. Meaning of “lessee”, “owner”, “person, having control” and similar expressions.

      6. 399. Minor definitions.

      7. 400. Index of defined expressions: Part XI.

  13. Part XII

    1. Introductory

      1. 401. Meaning of “common lodging house”.

    2. Regulation of common lodging houses

      1. 402. No person to keep a common lodging house unless registered.

      2. 403. Register of common lodging house keepers and their houses.

      3. 404. Provisions with respect to registration.

      4. 405. Appeals against refusal of registration.

      5. 406. Byelaws as to common lodging houses.

      6. 407. Management and control of common lodging houses.

      7. 408. Offences.

      8. 409. Power of court on conviction to cancel registration and to disqualify for re-registration

    3. Enforcement

      1. 410. Duty of local housing authority to enforce this Part.

      2. 411. Powers of entry.

      3. 412. Penalty for obstruction.

      4. 413. Restriction on right to prosecute.

    4. Supplementary provisions

      1. 414. Evidence in legal proceedings.

      2. 415. Power to apply provisions to Crown property

      3. 416. Index of defined expressions: Part XII.

  14. PART XIII GENERAL FINANCIAL PROVISIONS

    1. 417—420.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. Housing subsidy

      1. 421.Housing subsidy.

      2. 422.Calculation of housing subsidy for local housing authorities.

      3. 423.The base amount.

      4. 424.The housing costs differential.

      5. 425.The local contribution differential.

      6. 426. Calculation of housing subsidy for Board.

      7. 427.Recoupment of subsidy in certain cases.

      8. 427A. Entitlement to subsidy in case of land subject to management agreement.

    3. Borrowing powers

      1. 428. Continuance of certain powers to borrow for housing purposes.

    4. Miscellaneous

      1. 429. The improvement for sale scheme.

      2. 429A. Housing management: financial assistance etc.

      3. 430.— . . .

      4. 431. Control of expenditure by housing authorities on works of conversion or improvement.

      5. 432. Superseded contributions, subsidies, grants, and other financial matters.

    5. Supplementary

      1. 433. Minor definitions.

      2. 434. Index of defined expressions: Part XIII.

  15. PART XIV LOANS FOR ACQUISITION OR IMPROVEMENT OF HOUSING

    1. Local authority mortgages

      1. 435. Power of local authorities to advance money.

      2. 436. Terms of advance.

      3. 437. Power of local authority on disposal to leave amount outstanding on mortgage.

      4. 438.Local authority mortgage interest rates.

      5. 439. Requirements as to fitness of premises, &c.

      6. 440. Deposits in respect of maintenance or repair of mortgaged premises.

      7. 441. Waiver or reduction of payments in case of property requiring repair or improvement.

    2. Local authority assistance in connection with mortgages

      1. 442.Agreement by local authority to indemnify mortgagee.

      2. 443. Local authority contributions to mortgage costs.

      3. 444. Relevant advances for the purposes of section 443.

    3. Assistance for first-time buyers

      1. 445.Advances to recognised lending institutions to assist first-time buyers.

      2. 446.Forms of assistance and qualifying conditions.

      3. 447. Recognised lending institutions.

      4. 448.Recognised savings institutions.

      5. 449.Terms of advances and administration.

      6. 450. Modifications of building society law.

    4. Loans in respect of service charges

      1. 450A. Right to a loan in certain cases after exercise of right to buy.

      2. 450B. Power to make loans in other cases.

      3. 450C. Supplementary provisions as to regulations under s. 450A or 450B.

    5. Other financial assistance in respect of service charges

      1. 450D.Purchase of equitable interests

    6. Miscellaneous

      1. 451. Loans by Public Works Loan Commissioners.

      2. 452. Vesting of house in authority entitled to exercise power of sale.

      3. 453. Further advances in case of disposal on shared ownership lease.

      4. 454. Exclusion of Restrictive Trade Practices Act: recommendations as to implementation of this Part.

      5. 455. Exclusion of Restrictive Trade Practices Act: agreements as to loans on security of new houses.

      6. 456. Advances under the Small Dwellings Acquisition Acts.

    7. Supplementary provisions

      1. 457. Meaning of “house” and “house property”.

      2. 458. Minor definitions.

      3. 459. Index of defined expressions: Part XIV.

  16. PART XV GRANTS FOR WORKS OF IMPROVEMENT, REPAIR AND CONVERSION

    1. 460—520.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 521, 522.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. Miscellaneous

      1. 523. Assistance for provision of separate service pipe for water supply.

      2. 524. Contributions under superseded enactments.

    4. General supplementary provisions

      1. 525. Minor definitions.

      2. 526. Index of defined expressions: Part XV

  17. PART XVI ASSISTANCE FOR OWNERS OF DEFECTIVE HOUSING

    1. Eligibility for assistance

      1. 527. Eligibility for assistance.

      2. 528. Designation of defective dwellings by Secretary of State.

      3. 529. Variation or revocation of designation.

      4. 530. Meaning of “relevant interest”.

      5. 531. Conditions of eligibility: disposal by public sector authority, &c.

      6. 532. Construction of references to disposal, &c.

      7. 533. Exceptions to eligibility.

    2. Determination of entitlement

      1. 534. Application for assistance.

      2. 535. Application not to be entertained where grant application pending or approved.

      3. 536. Determination of eligibility.

      4. 537. Determination of form of assistance to which applicant is entitled.

      5. 538. Conditions for assistance by way of reinstatement grant.

      6. 539. Meaning of “work required for reinstatment” and “associated arrangement”.

      7. 540. Notice of determination.

    3. Assistance by way of reinstatement grant

      1. 541. Reinstatement grant.

      2. 542. Conditions of payment of reinstatement grant.

      3. 543. Amount of reinstatement grant.

      4. 544. Changes in work or expenditure.

      5. 545. Payment of reinstatement grant.

      6. 546. Repayment of grant for breach of condition.

    4. Assistance by way of repurchase

      1. 547. Repurchase.

      2. 548. Repurchase by authority other than local housing authority.

      3. 549. Interest subject to right of pre-emption &c.

      4. 550. Compulsory purchase compensation to be made up to 95 per cent of defect-free value.

      5. 551. Supplementary provisions as to payments under s. 549 or 550.

      6. 552. Reimbursement of expenses incidental to repurchase.

    5. Effect of repurchase on occupier

      1. 553. Effect of repurchase on certain existing tenancies.

      2. 554. Grant of tenancy to former owner-occupier.

      3. 555. Grant of tenancy to former statutory tenant.

      4. 556. Alternative accommodation under s. 554 or 555,

      5. 557. Request for tenancy under s. 554 or 555.

      6. 558. Interpretation of ss. 553 to 557.

    6. Local schemes

      1. 559. Designation of defective dwellings under local schemes.

      2. 560. Variation or revocation of designation under local scheme.

      3. 561. Secretary of State’s control over designation, variation or revocation.

    7. Miscellaneous

      1. 562. Duty of local housing authority to publicise availability of assistance.

      2. 563. Duties of public sector authority disposing of defective dwelling.

      3. 564. Reinstatement of defective dwelling by local housing authority.

      4. 565. Death of person eligible for assistance, &c.

      5. 566. Dwellings included in more than one designation.

      6. 567. Modifications of this Part in relation to shared ownership leases.

      7. 568. Extension of assistance to mortgagees.

    8. Contributions by Secretary of State

      1. 569.Contributions by Secretary of State.

      2. 570. Power to vary relevant percentage.

    9. Supplementary provisions

      1. 571. Service of notices.

      2. 572. Jurisdiction of county court.

      3. 573. Meaning of “public sector authority”.

      4. 574. Disposal of certain Crown interests in land treated as disposal by public sector authority.

      5. 575. Meaning of “dwelling” and “house”.

      6. 576. Meaning of “lending institution”.

      7. 577. Index of defined expressions: Part XVI.

  18. PART XVII COMPULSORY PURCHASE AND LAND COMPENSATION

    1. Introductory

      1. 578. General enactments relating to compulsory purchase, &c., apply subject to this Part.

      2. 578A. Modification of compulsory purchase order in case of acquisition of land for clearance.

      3. 579.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. Compulsory purchase

      1. 580—581.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 582. Restriction on recovery of possession after making of compulsory purchase order.

      3. 583. Continuance of tenancies of housees compulsorily acquired and to be used for housing purposes.

      4. 584. Power to enter and determine short tenancies of land acquired or appropriated.

      5. 584A. Compensation payable in case of prohibition and demolition orders.

      6. 584B. Repayment on revocation of demolition or prohibition order.

      7. 585—592.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. Other land Compensation Matters

      1. 593—595.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 596. Power to compensate shop-keepers in areas affected by clearance.

      3. 597. Compensation payable on demolition of obstructive building.

      4. 598.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 599. Application of compensation due to another local authority.

    4. Supplementary provisions

      1. 600. Powers of entry.

      2. 601. Penalty for obstruction.

      3. 602. Minor definitions.

      4. 603. Index of defined expressions: Part XVII.

  19. PART XVIII MISCELLANEOUS AND GENERAL PROVISIONS

    1. General provisions relating to housing conditions

      1. 604. Fitness for human habitation.

      2. 604A. Authority to consider guidance given by Secretary of State in deciding whether to take action under Section 189, Section 264, Section 265 or Section 289.

      3. 605. Consideration by local housing authority of housing conditions in their district.

      4. 606. Reports on particular houses or areas.

    2. Environmental considerations

      1. 607. Local housing authority to have regard to environmental considerations.

      2. 608. Acquisition of ancient monuments, &c.

    3. Enforceability of covenants, &c.

      1. 609. Enforcement of covenants against owner for the time being.

      2. 610. Power of court to authorise conversion of premises into flats.

    4. Miscellaneous powers of local housing authorities

      1. 611. Removal or alteration of apparatus of statutory undertakers.

    5. General provisions

      1. 612. Exclusion of Rent Act protection.

      2. 613. Liability of directors, &c. in case of offence by body corporate.

      3. 614. Power to prescribe forms &c.

      4. 615. Dispensation with advertisements and notices.

      5. 616. Local inquiries.

      6. 617. Service of notices.

      7. 618. The Common Council of the City of London.

      8. 619. The Inner and Middle Temples.

      9. 620. The Isles of Scilly.

      10. 621. Meaning of “lease” and “tenancy” and related expressions.

      11. 621A. Meaning of “service charge” and related expressions.

      12. 622. Minor definitions: general.

      13. 623. Minor definitions: Part XVIII

      14. 624. Index of defined expressions: Part XVIII.

    6. Final provisions

      1. 625. Short title, commencement and extent.

  20. SCHEDULES

    1. SCHEDULE 1

      Tenancies which are not Secure Tenancies

      1. Long leases

        1. 1.A tenancy is not a secure tenancy if it is...

      2. Introductory tenancies

        1. 1A.A tenancy is not a secure tenancy if it is...

        2. 1B.A tenancy is not a secure tenancy if it is...

      3. Premises occupied in connection with employment

        1. 2.(1) Subject to sub-paragraph (4B)a tenancy is not a secure...

      4. Land acquired for development

        1. 3.(1) A tenancy is not a secure tenancy if the...

      5. Accommodation for homeless persons

        1. 4.A tenancy granted in pursuance of any function under Part...

      6. Family intervention tenancies

        1. 4ZA.(1) A tenancy is not a secure tenancy if it...

      7. Accommodation for asylum-seekers

        1. 4A.(1) A tenancy is not a secure tenancy if it...

      8. Accommodation for persons with Temporary Protection

        1. 4B.A tenancy is not a secure tenancy if it is...

      9. Temporary accommodation for persons taking up employment

        1. 5.(1) Subject to sub-paragraphs (1A) and (1B), a tenancy is...

      10. Short-term arrangements

        1. 6.A tenancy is not a secure tenancy if—

      11. Temporary accommodation during works

        1. 7.A tenancy is not a secure tenancy if—

      12. Agricultural holdings etc.

        1. 8.(1) A tenancy is not a secure tenancy if—

      13. Licensed premises

        1. 9.A tenancy is not a secure tenancy if the dwelling-house...

      14. Student lettings

        1. 10.(1) Subject to sub-paragraphs (2A) and (2B), a tenancy of...

      15. 1954 Act tenancies

        1. 11.A tenancy is not a secure tenancy if it is...

      16. Almshouses

        1. 12.A licence to occupy a dwelling-house is not a secure...

    2. SCHEDULE 2

      Grounds for Possession of Dwelling-Houses Let underSecure Tenancies

      1. Part I Grounds on which Court may Order Possession if it Considers it Reasonable

        1. Ground 1

          1. Rent lawfully due from the tenant has not been paid...

        2. Ground 2

          1. The tenant or a person residing in or visiting the...

        3. Ground 2ZA

          1. The tenant or an adult residing in the dwelling-house has...

        4. Ground 2A

          1. The dwelling-house was occupied (whether alone or with others) by...

        5. Ground 3

          1. The condition of the dwelling-house or of any of the...

        6. Ground 4

          1. The condition of furniture provided by the landlord for use...

        7. Ground 5

          1. The tenant is the person, or one of the persons,...

        8. Ground 6

          1. The tenancy was assigned to the tenant, or to a...

          2. In this paragraph “premium” means any fine or other like...

        9. Ground 7

          1. The dwelling-house forms part of, or is within the curtilage...

        10. Ground 8

          1. The dwelling-house was made available for occupation by the tenant...

      2. Part II Grounds on which the Court may Order Possession if Suitable Alternative Accommodation is Available

        1. Ground 9

          1. The dwelling-house is overcrowded, within the meaning of Part X,...

        2. Ground 10

          1. The landlord intends, within a reasonable time of obtaining possession...

        3. Ground 10A

          1. The dwelling-house is in an area which is the subject...

        4. Ground 11

          1. The landlord is a charity and the tenant’s continued occupation...

      3. Part III Grounds on which the Court may Order Possession if it Considers it Reasonable and Suitable Alternative Accommodation is Available

        1. Ground 12

          1. The dwelling-house forms part of, or is within the curtilage...

        2. Ground 13

          1. The dwelling-house has features which are substantially different from those...

        3. Ground 14

          1. The landlord is a housing association or housing trust which...

        4. Ground 15

          1. The dwelling-house is one of a group of dwelling-houses which...

        5. Ground 15A

          1. The dwelling-house is in England, the accommodation afforded by it...

        6. Ground 16

          1. The dwelling-house is in Wales, the accommodation afforded by it...

      4. Part IV Suitability of Accommodation

        1. 1.For the purposes of section 84(2)(b) and (c) (case in...

        2. 2.In determining whether the accommodation is reasonably suitable to the...

        3. 3.Where possession of a dwelling-house is sought on ground 9...

        4. 4.(1) A certificate of the appropriate local housing authority that...

      5. Part V Approval of Redevelopment Schemes for Purposes of Ground 10A

        1. 1.(1) The Secretary of State may, on the application of...

        2. 2.(1) Where a landlord proposes to apply to the Secretary...

        3. 3.(1) In considering whether to give his approval to a...

        4. 4.The Secretary of State shall not approve a scheme or...

        5. 5.(1) Approval may be given subject to conditions and may...

        6. 6.Where the landlord is a private registered provider of social...

        7. 7.In this Part of this Schedule references to the landlord...

    3. SCHEDULE 2A

      Absolute ground for possession for anti-social behaviour: serious offences

      1. Violent offences

        1. 1.Murder.

        2. 2.Manslaughter.

        3. 3.Kidnapping.

        4. 4.False imprisonment.

        5. 5.An offence under any of the following sections of the...

        6. 6.An offence under any of the following sections of the...

        7. 7.An offence under section 1 of the Infant Life (Preservation)...

        8. 8.An offence under section 1 of the Children and Young...

        9. 9.An offence under section 1 of the Infanticide Act 1938...

        10. 10.An offence under any of the following sections of the...

        11. 11.An offence under either of the following sections of the...

        12. 12.An offence under any of the following provisions of the...

        13. 13.An offence under either of the following sections of the...

        14. 14.An offence under section 5 of the Domestic Violence, Crime...

      2. Sexual offences

        1. 15.An offence under section 33A of the Sexual Offences Act...

        2. 16.An offence under section 1 of the Protection of Children...

        3. 17.An offence under section 160 of the Criminal Justice Act...

        4. 18.An indictable offence under Part 1 of the Sexual Offences...

      3. Offensive weapons

        1. 19.An offence under either of the following sections of the...

        2. 20.An offence under any of the following provisions of the...

        3. 21.An offence under either of the following sections of the...

      4. Offences against property

        1. 22.An offence under any of the following sections of the...

        2. 23.An offence under section 1 of the Criminal Damage Act...

        3. 24.An offence under section 30 of the Crime and Disorder...

      5. Road traffic offences

        1. 25.An offence under section 35 of the Offences against the...

        2. 26.An offence under section 12A of the Theft Act 1968...

        3. 27.An offence under any of the following sections of the...

      6. Drug-related offences

        1. 28.An offence under any of the following provisions of the...

        2. 29.An offence under section 6 of that Act (restrictions of...

      7. Modern slavery

        1. 29A.An offence under either of the following sections of the...

      8. Inchoate offences

        1. 30.(1) An offence of attempting or conspiring the commission of...

      9. Scope of offences

        1. 31.Where this Schedule refers to offences which are offences under...

    4. SCHEDULE 3

      Grounds for Withholding Consent to Assignment by Way of Exchange

      1. Ground 1

        1. The tenant or the proposed assignee is subject to an...

      2. Ground 2

        1. Proceedings have been begun for possession of the dwelling-house of...

      3. Ground 2ZA

        1. Proceedings have been begun for possession of the dwelling-house, of...

      4. Ground 2A

        1. Either— a relevant order , a suspended anti-social behaviour possession...

      5. Ground 2B

        1. The dwelling-house is subject to a closure notice or closure...

      6. Ground 3

        1. The accommodation afforded by the dwelling-house is substantially more extensive...

      7. Ground 4

        1. The extent of the accommodation afforded by the dwelling-house is...

      8. Ground 5

        1. The dwelling-house— (a) forms part of or is within the...

      9. Ground 6

        1. The landlord is a charity and the proposed assignee’s occupation...

      10. Ground 7

        1. The dwelling-house has features which are substantially different from those...

      11. Ground 8

        1. The landlord is a housing association or housing trust which...

      12. Ground 9

        1. The dwelling-house is one of a group of dwelling-houses which...

      13. Ground 10

        1. The dwelling-house is the subject of a management agreement under...

    5. SCHEDULE 3A

      Consultation before Disposal to Private Sector Landlord

      1. Disposals to which this Schedule applies

        1. 1.(1) This Schedule applies to the disposal by a local...

      2. Application for Secretary of State’s consent

        1. 2.(1) The Secretary of State shall not entertain an application...

      3. Requirements as to consultation

        1. 3.(1) The requirements as to consultation referred to above are...

      4. Power to require further consultation

        1. 4.The Secretary of State may require the authority to carry...

      5. Consent to be withheld if majority of tenants are opposed

        1. 5.(1) The Secretary of State shall not give his consent...

      6. Guidance

        1. 5A.(1) The appropriate person must give guidance to local authorities...

      7. Protection of purchasers

        1. 6.The Secretary of State’s consent to a disposal is not...

    6. SCHEDULE 4

      Qualifying Period for Right to Buy and Discount

      1. Introductory

        1. 1.The period to be taken into account—

      2. Periods occupying accommodation subject to public sector tenancy

        1. 2.A period qualifies under this paragraph if it is a...

        2. 3.For the purposes of paragraph 2 a person who, as...

        3. 4.(1) This paragraph applies where the public sector tenant of...

      3. Periods occupying forces accommodation

        1. 5.A period qualifies under this paragraph if it is a...

      4. Periods during which right to buy is preserved

        1. 5A.A period qualifies under this paragraph if it is a...

      5. Meaning of “public sector tenant”

        1. 6.(1) In this Schedule a “public sector tenant” means a...

      6. The landlord condition

        1. 7.(1) The landlord condition is, subject to paragraphs 7A and...

        2. 7A.(1) The landlord condition shall be treated as having been...

        3. 7B.The landlord condition shall be treated as having been satisfied...

        4. 8.(1) The landlord condition shall also be treated as having...

      7. The tenant condition

        1. 9.The tenant condition is that the tenant was an individual...

        2. 9A.The tenant condition is not met during any period when...

      8. Application to certain housing association tenancies

        1. 10.For the purpose of determining whether at any time a...

    7. SCHEDULE 5

      Exceptions to the Right to Buy

      1. Charities

        1. 1.The right to buy does not arise if the landlord...

      2. Certain housing associations

        1. 2.The right to buy does not arise if the landlord...

        2. 3.The right to buy does not arise if the landlord...

      3. Landlord with insufficient interest in the property

        1. 4.The right to buy does not arise unless the landlord...

      4. Dwelling-houses let in connection with employment

        1. 5.(1) The right to buy does not arise if the...

      5. Certain dwelling-houses for the disabled

        1. 6. Exceptions to the Right to Buy

        2. 7.The right to buy does not arise if the dwelling-house...

        3. 8. Exceptions to the Right to Buy

        4. 9.(1) The right to buy does not arise if—

      6. Certain dwelling-houses for persons of pensionable age

        1. 10.(1) The right to buy does not arise if the...

        2. 11.(1) The right to buy does not arise if the...

      7. Dwelling-houses held on Crown tenancies

        1. 12.(1) The right to buy does not arise if the...

      8. Dwelling-house due to be demolished within 24 months

        1. 13.(1) The right to buy does not arise if a...

        2. 14.(1) A final demolition notice may only be served for...

        3. 15.(1) The Secretary of State may, on an application by...

        4. 15A.(1) This paragraph applies if— (a) a final demolition notice...

        5. 16.(1) Any notice under paragraph 13 , 15 or 15A...

    8. SCHEDULE 5A

      Initial demolition notices

      1. Initial demolition notices

        1. 1.(1) For the purposes of this Schedule an “ initial...

      2. Period of validity of initial demolition notice

        1. 2.(1) For the purposes of this Schedule an initial demolition...

      3. Revocation or termination of initial demolition notices

        1. 3.(1) Paragraph 15(4) to (7A) of Schedule 5 (revocation notices)...

      4. Transfer of initial demolition notices

        1. 3A.(1) This paragraph applies if— (a) an initial demolition notice...

      5. Restriction on serving further demolition notices

        1. 4.(1) This paragraph applies where an initial demolition notice (“...

      6. Service of notices

        1. 5.Paragraph 16 of Schedule 5 (service of notices) applies in...

      7. Interpretation

        1. 6.(1) In this Schedule (other than paragraph 3A) any reference...

    9. SCHEDULE 6

      Conveyance of Freehold and Grant of Lease in Pursuance of Right to Buy

      1. Part I Common Provisions

        1. Rights to be conveyed or granted—general

          1. 1.The conveyance or grant shall not exclude or restrict the...

        2. Rights of support, passage of water, etc.

          1. 2.(1) The conveyance or grant shall, by virtue of this...

        3. Rights of way

          1. 3.The conveyance or grant shall include— (a) such provisions (if...

        4. Covenants and conditions

          1. 4A.he conveyance or grant shall be expressed to be made...

          2. 4.The conveyance or grant shall include such provisions (if any)...

          3. 5.Subject to paragraph 6, and to Parts II and III...

        5. No charge to be made for landlord’s consent or approval

          1. 6.A provision of the conveyance or lease is void in...

        6. Meaning of “incumbrances” and “tenant’s incumbrance”

          1. 7.In this Schedule— “incumbrances” includes personal liabilities attaching in respect...

      2. Part II Conveyance of Freehold

        1. General

          1. 8.The conveyance shall not exclude or restrict the all estate...

          2. 9.(1) The conveyance shall be of an estate in fee...

        2. Covenants

          1. 10. Conveyance of Freehold and Grant of Lease in Pursuance of Right to Buy

      3. Part III Leases

        1. General

          1. 11.A lease shall be for the appropriate term defined in...

        2. The appropriate term

          1. 12.(1) If at the time the grant is made the...

        3. Common use of premises and facilities

          1. 13.Where the dwelling house is a flat and the tenant...

        4. Covenants by the landlord

          1. 14.(1) This paragraph applies where the dwelling-house is a flat....

          2. 15.(1) This paragraph applies where the landlord’s interest in the...

        5. Covenant by tenant

          1. 16.Unless otherwise agreed between the landlord and the tenant, there...

        6. Service charges and other contributions payable by the tenant

          1. 16A.(1) The lease may require the tenant to bear a...

          2. 16B.(1) Where a lease of a flat requires the tenant...

          3. 16C.(1) Where a lease of a flat requires the tenant...

          4. 16D.(1) The Secretary of State may by order prescribe—

          5. 16E.(1) Where a lease of a flat granted in pursuance...

        7. Avoidance of certain provisions

          1. 17.(1) A provision of the lease, or of an agreement...

          2. 18.Where the dwelling-house is a flat, a provision of the...

          3. 19.A provision of the lease, or of an agreement collateral...

      4. Part IV Charges

        1. Grant of lease

          1. 20.A charge (however created or arising) on the interest of...

        2. Conveyance of freehold

          1. 21.(1) This paragraph applies to a charge (however created or...

    10. Schedule 6A

      REDEMPTION OF LANDLORD’S SHARE

      1. Obligation to redeem landlord’s share in certain circumstances

        1. 1.(1) The conveyance or grant shall contain a covenant binding...

      2. Right to redeem landlord’s share at any time

        1. 2.(1) The conveyance or grant shall include provision entitling the...

      3. Value of landlord’s share and amount of final payment

        1. 3.The value of the landlord’s share shall be determined by...

      4. Final discount

        1. 4.(1) Where a final payment is made by, or by...

      5. Restrictions on and deductions from final discount

        1. 5.(1) Except where the Secretary of State so determines, a...

      6. Right to make interim payment at any time

        1. 6.(1) The conveyance or grant shall include provision entitling the...

      7. Landlord’s reduced share and interim discount

        1. 7.The landlord’s share after the making of an interim payment...

      8. Value of dwelling-house

        1. 8.(1) For the purposes of the final payment or any...

      9. Costs of independent valuation

        1. 9.The conveyance or grant shall include provision requiring any sums...

      10. No charges to be made by landlord

        1. 10.A provision of the conveyance or grant is void in...

      11. Other covenants and provisions

        1. 11.Subject to the provisions of this Schedule, the conveyance or...

      12. Interpretation

        1. 12.(1) In this Schedule— “ independent valuer ” means an...

    11. SCHEDULE 7

      . . .

      1. 1.The deed shall provide for repayment of the amount secured...

      2. 2.(1) The period over which repayment is to be made...

      3. 3.(1) The Secretary of State may by order—

      4. 4.The deed may contain such other provisions as may be—...

    12. SCHEDULE 8

      . . .

      1. Additional shares

        1. 1.(1) The lease shall state the tenant’s initial share of...

        2. 2.(1) Where the dwelling-house is a house and the landlord...

      2. Additional contributions

        1. 3.(1) The consideration for an additional share (referred to in...

      3. Rent

        1. 4.(1) The lease shall provide that, for any period for...

        2. 5.The lease shall provide that, for any period for which...

      4. Payment for outstanding share on disposal

        1. 6.(1) The lease shall contain a covenant binding on the...

        2. 7.The lease shall provide that, on the discharge of a...

        3. 8.(1) Where the dwelling-house is a house and the landlord...

      5. No disposals of part while share outstanding

        1. 9.(1) The lease shall contain a covenant binding on the...

      6. Applications of provisions after disposal

        1. 10.(1) The lease shall provide that in the event of...

      7. Value of dwelling-house or part

        1. 11.(1) For the purposes of paragraph 3 (additional contributions) and...

    13. SCHEDULE 9

      . . .

      1. Right to further advances

        1. 1.(1) The deed shall enable the tenant to require further...

      2. Amount of further advance

        1. 2.The amount which a tenant exercising the right to a...

        2. 3.(1) The limit is that the aggregate of that amount...

        3. 4.(1) The Secretary of State may by regulations make provision...

      3. Notice of amount and terms of further advance

        1. 5.As soon as practicable after the service on it of...

      4. Terms of deed by which further mortgage is effected

        1. 6.Schedule 7 (terms of mortgage granted in pursuance of right...

    14. Schedule 9A

      Land Registration and Related Matters where Right to Buy Preserved

      1. Statement to be contained in instrument effecting qualifying disposal

        1. 1.On a qualifying disposal, the disponor shall secure that the...

      2. Registration of title on qualifying disposal

        1. 2. Land Registration and Related Matters where Right to Buy Preserved

        2. 3. Land Registration and Related Matters where Right to Buy Preserved

      3. Entries on register protecting preserved right to buy

        1. 4.(1) This paragraph applies where the Chief Land Registrar approves...

      4. Change of qualifying dwelling-house

        1. 5.(1) This paragraph applies where by virtue of section 171B(6)...

      5. Effect of non-registration

        1. 6.(1) The rights of a qualifying person under this Part...

      6. Statement required on certain disposals on which right to buy ceases to be preserved

        1. 7.(1) A conveyance of the freehold or grant of a...

      7. Removal of entries on land register

        1. 8.Where the registered title to land contains an entry made...

      8. Liability to compensate or indemnify

        1. 9.(1) An action for breach of statutory duty lies where—...

      9. Meaning of disposal and instrument effecting disposal

        1. 10.References in this Schedule to a disposal or to the...

    15. SCHEDULE 10

      1. Introductory

        1. 1.The provisions of this Schedule have effect for enabling the...

      2. Recovery of expenses

        1. 2.(1) The expenses are recoverable by the authority

      3. Service of demand

        1. 3.(1) A demand for the expenses, together with interest in...

      4. Interest

        1. 4.Expenses in respect of which a demand is served carry...

        2. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. Appeals

        1. 6.(1) A person aggrieved by a demand for the recovery...

      6. Expenses and interest recoverable from occupiers

        1. 6A.(1) Where a demand becomes operative by virtue of paragraph...

      7. Expenses and interest to be a charge on the premises

        1. 7.(1) The expenses recoverable by the authority, together with the...

      8. Recovery of expenses and interest from other persons profiting from execution of works

        1. 8.(1) This paragraph applies only to notices under section 352,...

    16. SCHEDULE 11

      . . .

    17. SCHEDULE 12

      . . .

    18. SCHEDULE 13

      1. Part I Management Schemes

        1. Contents of management scheme

          1. 1.(1) The scheme shall give particulars of all works which,...

        2. The estimate in the scheme of surpluses on revenue account

          1. 2.(1) References in this Schedule to the surpluses on revenue...

        3. Appeal against scheme

          1. 3.(1) A person having an estate or interest in a...

        4. Expenditure on works to be set against surpluses on revenue account

          1. 4.(1) An account shall be kept by the local housing...

        5. Variation or review of surpluses on revenue accountas settled by the scheme

          1. 5.The local housing authority may at any time vary a...

          2. 6.(1) The local housing authority, or a person having an...

      2. Part II Compensation Payable to Dispossessed Proprietor

        1. Rate of compensation

          1. 7.The compensation payable by the local housing authority to the...

        2. Ascertainment of gross value of house

          1. 8.Subject to the following provisions, the gross value of a...

          2. 9.(1) If the house forms part only of a hereditament,...

          3. 10.If the house consists or forms part of more than...

          4. 11.(1) The gross value of a hereditament whose rateable value...

          5. 12.Where after the date on which the control order comes...

        3. The appropriate multiplier

          1. 13.(1) The appropriate multiplier for the purposes of this Part...

        4. Calculation of rental value

          1. 13A.(1) The rental value of a house is an amount...

        5. Apportionment of compensation between proprietors of different parts of house

          1. 14.(1) If different persons are the dispossessed proprietors of different...

      3. Part III Cessation of Control Order

        1. General consequences of cessation of control order

          1. 15.(1) On and after the date on which a control...

          2. 16.(1) When a control order ceases to have effect, a...

        2. Revocation of order by county court on appealagainst making of order

          1. 17.(1) The provisions of this paragraph apply where a control...

          2. 18.(1) If a control order is revoked by the county...

          3. 19.(1) The provisions of this paragraph have effect for the...

        3. Revocation of control order on further appeal

          1. 20.(1) If on an appeal from a decision of the...

        4. Revocation of control order by county court on appeal against refusal to revoke

          1. 21.(1) The provisions of this paragraph apply where a control...

      4. Part IV Control Order Followed by Compulsory Purchase Order

        1. Introductory

          1. 22.The provisions of this Part of this Schedule apply where...

        2. Preparation and service of management scheme

          1. 23.(1) The local housing authority need not prepare or serve...

        3. Control order ceases to have effect on acquisition of house

          1. 24.Where the compulsory purchase order is confirmed by the Secretary...

        4. Balances payable to dispossessed proprietor

          1. 25.(1) Where a control order ceases to have effect by...

        5. Recovery of capital expenditure incurred by local housing authority

          1. 26.(1) The provisions of this paragraph have effect for the...

    19. SCHEDULE 14

      . . .

    20. SCHEDULE 15

      Superseded Contributions, Grants, Subsidies, &c.

      1. Part I Loans Under the Housing (Rural Workers) Acts 1926 to 1942

        1. The Housing (Rural Workers) Acts 1926 to 1942, and any...

      2. Part II ANNUAL GRANTS FOR AGRICULTURAL HOUSING

        1. (s. 46 of the Housing (Financial Provisions) Act 1958)

        2. Annual grants by local housing authorities

          1. 1.(1) Annual grants shall, notwithstanding the abolition of exchequer contributions...

        3. Conditions of payment of annual grant

          1. 2.(1) It is a condition of the payment of a...

          2. 3.(1) In the case of a house completed on or...

        4. Grants payable to owners by local housing authority

          1. 4.A grant shall not be made or shall be reduced,...

        5. No further payments if house vests in local housing authority

          1. 5.Where a house which has been provided under arrangements under...

      3. Commutation of future annual grant

        1. 6.(1) A local authority may make an offer in writing...

      4. Part III Contributions for Improvement of Dwellings by Housing Authorities

        1. (s. 9 of the Housing (Financial Provisions) Act 1958; s. 13 of the House Purchase and Housing Act 1959)

          1. 1.(1) Subject to sub-paragraph (2), contributions by the Secretary of...

        2. (ss. 17 to 20 of the Housing Act 1969)

          1. 2.(1) Contributions by the Secretary of State to a housing...

        3. (s. 79 of the Housing Act 1974)

          1. 3.(1) Subject to sub-paragraph (2), contributions by the Secretary of...

      5. Part IV Town Development Subsidy

        1. (s. 9 of the Housing Finance Act 1972; s. 5 of the Housing Rents and Subsidies Act 1975)

        2. Transitional town development subsidy

          1. 1.(1) Transitional town development subsidy is payable each year, subject...

          2. 2.(1) The subsidy is payable by the Secretary of State...

        3. Reduction or discontinuance of subsidy

          1. 3.(1) The Secretary of State may reduce or discontinue a...

        4. Payments to receiving authority

          1. 4.(1) Where transitional town development subsidy is payable, the sending...

        5. Communication of subsidy and payments to receiving authority

          1. 5.(1) The Secretary of State may, with the agreement of...

        6. Meaning of “receiving authority”

          1. 6.In this part of this Schedule “receiving authority” means the...

    21. SCHEDULE 16

      Local Authority Mortgage Interest Rates

      1. The rate of interest

        1. 1.(1) The rate of interest shall be whichever is for...

      2. The standard national rate

        1. 2.The standard national rate is the rate for the time...

      3. The local average rate

        1. 3.A local authority shall for every period of six months...

        2. 4.(1) The rate declared under paragraph 3(a) or (b) shall...

      4. Variation of rate of interest

        1. 5.(1) Where on a change of the standard national rate...

        2. 6.(1) On a variation of the rate of interest, the...

      5. Directions by Secretary of State

        1. 7.(1) The Secretary of State may by notice in writing...

    22. SCHEDULE 17

      Vesting of Mortgaged House in Authority Entitled to Exercise Power of Sale

      1. Vesting of house with leave of court

        1. 1.(1) The authority may, if the county court gives it...

      2. Effect of vesting

        1. 2.(1) On the vesting of the house the authority’s mortgage...

      3. Compensation and accounting

        1. 3.(1) Where the authority has vested the house in itself...

      4. Modifications in case of conveyance or grant before 8th August 1980

        1. 4.In a case to which this Schedule applies by virtue...

    23. SCHEDULE 18

      Provisions with Respect to Advances under the Small Dwellings Acquisition Acts 1899 to 1923

      1. Repayment of advance

        1. 1.(1) The advance shall be repaid with interest within such...

      2. The statutory conditions

        1. 2.(1) The house of which the ownership was acquired by...

      3. Condition as to residence may be dispensed with or suspended

        1. 3.(1) The statutory condition as to residence may at any...

      4. Personal liability and powers of the proprietor

        1. 4.(1) The proprietor of the house of which the ownership...

      5. Circumstances in which local authority may take possession or order sale

        1. 5.(1) Where default is made in complying with the statutory...

      6. Recovery of possession and disposal of house

        1. 6.(1) Where a local authority take possession of a house,...

      7. Procedure as to ordering sale

        1. 7.(1) Where a local authority order the sale of a...

      8. List of advances and accounts to be kept

        1. 8.(1) A local authority shall keep at their offices a...

      9. Meaning of “residence”, “ownership” and “proprietor”

        1. 9.(1) A person shall not be treated for the purposes...

      10. Date of advance

        1. 10.For the purposes of this Schedule an advance shall be...

    24. SCHEDULE 19

      Contributions Under Superseded Enactments

      1. (Section 36 of the Housing (Financial Provisions) Act 1958)

        1. 1.(1) Contributions remain payable by the Secretary of State under...

      2. (Section 16 of the Housing Act 1969)

        1. 2.(1) Contributions remain payable by the Secretary of State under...

    25. SCHEDULE 20

      Assistance by Way of Repurchase

      1. Part I The Agreement to Repurchase

        1. The interest to be acquired

          1. 1.In this Schedule “the interest to be acquired” means the...

        2. Request for notice of proposed terms of acquisition

          1. 2.(1) A person who is entitled to assistance by way...

        3. Authority’s notice of proposed terms

          1. 3.The purchasing authority shall, within the period of three months...

        4. Settlement of terms

          1. 4.Subject to the provisions of Part II of this Schedule...

        5. Service of draft agreement

          1. 5.The authority shall, within three months of all the provisions...

        6. Notice to enter into agreement

          1. 6.(1) The person entitled to assistance may, at any time...

      2. Part II Price Payable and Valuation

        1. The price

          1. 7.(1) The price payable for the acquisition of an interest...

        2. The value

          1. 8.(1) For the purposes of this Schedule, the value of...

        3. Determination of value

          1. 9.(1) Any question arising under this Schedule as to the...

        4. Service of amended draft agreement

          1. 10.Where the value of an interest is determined, or redetermined,...

      3. Part III Supplementary Provisions

        1. Introductory

          1. 11.(1) In this Part of this Schedule “the agreement” means...

        2. Conveyance frees interest acquired from relevant charges

          1. 12.(1) The conveyance is effective— (a) to discharge the interest...

        3. Application of purchase price in satisfaction of relevant charges

          1. 13.(1) The authority shall apply the purchase price in the...

          2. 14.If the authority do not apply an amount which under...

        4. Power to make payment into court in case of difficulty

          1. 15.(1) Where a person is or may be entitled by...

        5. Duty to pay into court in certain cases

          1. 16.(1) The authority shall pay the purchase price into court...

        6. Registration of title

          1. 17. Assistance by Way of Repurchase

        7. Interest acquired by local housing authority treated as acquiredunder Part II

          1. 18.If the authority are a local housing authority, the interest...

        8. Certain grant conditions cease to have effect

          1. 19.(1) Where the interest acquired is or includes a dwelling...

        9. Overreaching effect of conveyance

          1. 20.The conveyance has effect under section 2(1) of the Law...

    26. SCHEDULE 21

      Dwellings Included in More Than One Designation

      1. Introductory

        1. 1.This Schedule applies in relation to a defective dwelling where...

      2. Cases in which later designation to be disregarded

        1. 2.Where a person is already eligible for assistance in respect...

      3. In other cases any applicable designation may be relied on

        1. 3.Where a person is eligible for assistance in respect of...

      4. Procedure to be followed where later designation comes into operation

        1. 4.The following provisions of this Schedule apply where—

        2. 5.(1) The local housing authority shall, as soon as reasonably...

        3. 6.(1) This paragraph applies where it appears to the authority...

        4. 7.(1) This paragraph applies where a person entitled to assistance...

    27. SCHEDULES 22—24.

      . . .

    28. TABLE OF DERIVATIONS

      1. 1.The following abbreviations are used in this Table— Acts of...

      2. 2.The Table does not show the effect of Transfer of...

      3. 3.The letter R followed by a number indicates that the...

      4. 4.A reference followed by “passim” indicates that the provision of...

      5. 5.The entry “drafting” indicates a provision of a mechanical or...

Yn ôl i’r brig

Options/Cymorth

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan heb Atodlenni

Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill

Mae'r data ar y dudalen hon ar gael yn y fformatau data amgen a restrir: