Housing Act 1985

Supplementary provisions

234 Meaning of “full standard” and “reduced standard”.

(1) For the purposes of this Part a dwelling shall be taken to attain the full standard if the following conditions are met—

(a) it is provided with all the standard amenities for the exclusive use of its occupants;

(b) it is in reasonable repair (disregarding the state of internal decorative repair) having regard to its age and character and the locality in which it is situated;

(c) it conforms with such requirements with respect to thermal insulation as may be specified by the Secretary of State for the purposes of this section;

(d) it is in all other respects fit for human habitation;

(e) it is likely to be available for use as a dwelling for a period of 15 years or such other period as may be specified by the Secretary of State for the purposes of this section.

(2) The local housing authority may (subject to subsection (3)) dispense wholly or in part with any of the conditions in subsection (1), and a dwelling shall be taken to attain the reduced standard if those conditions are met so far as not dispensed with.

(3) The authority shall not dispense with the condition specified in subsection (1)(a) (standard amenities) where they are satisfied that the dwelling is, or forms part of, a house or building in respect of which they could by notice under section 352 (houses in multiple occupation: power to require execution of works to render premises fit for number of occupants) require the execution of such works as are referred to in that section.

235 Meaning of “housing arrangements”.

In this Part “housing arrangements” means arrangements—

(a) making provision for the housing of an occupying tenant of a dwelling and his household during the period when improvement works are being carried out, or after the completion of the works, or during that period and after completion of the works (and for any incidental or ancillary matters), and

(b) contained in a written agreement to which the occupying tenant and either his landlord or the local housing authority, or both, are parties.

236 Meaning of “person having control” and “occupying tenant”.

(1) References in this Part to the person having control of a dwelling shall be construed as follows—

(a) if the dwelling is owner-occupied, the person having control of it is the owner-occupier;

(b) if there is an occupying tenant of the dwelling who is a person employed in agriculture (as defined in section 17(1) of the [1948 c. 47.] Agricultural Wages Act 1948) and who occupies or resides in the dwelling as part of the terms of his employment, the person having control of the dwelling is the employer or other person by whose authority the occuping tenant occupies or resides in the dwelling;

(c) in any other case, the person having control of the dwelling is the person who is either the owner of it or the lessee of it under a long tenancy and whose interest in the dwelling is not in reversion on that of another person who has a long tenancy.

(2) In this Part “occupying tenant”, in relation to a dwelling, means a person (other than an owner-occupier) who—

(a) occupies or is entitled to occupy the dwelling as a lessee; or

(b) is a statutory tenant of the dwelling; or

(c) occupies the dwelling as a residence under a restricted contract; or

(d) is employed in agriculture (as defined in section 17(1) of the Agricultural Wages Act 1948) and occupies or resides in the dwelling as part of his terms of employment.

237 Minor definitions.

In this Part—

• “dwelling” means a building or part of a bulding occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

• “improvement” includes alteration and enlargement and, so far as also necessary to enable a dwelling to reach the full standard or the reduced standard, repair, and “improved” shall be construed accordingly;

• “long tenancy” has the same meaning as in Part I of the [1967 c. 88.] Leasehold Reform Act 1967;

• “owner”, in relation to a dwelling, means the person who otherwise than as a mortgagee in possession, is for the time being entitled to dispose of the fee simple in the dwelling;

• “owner-occupier”, in relation to a dwelling, means the person who, as owner or as lessee under a long tenancy, occupies or is entitled to occupy the dwelling, and “owner-occupied” shall be construed accordingly;

• “standard amenities” has the same meaning as in Part XV (improvement grants, &c.).

238 Index of defined expressions: Part VII.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in ths same section or paragraph):—

charity	section 622
clearance area	section 289(1)
dwelling	section 237
full standard	section 234(1)
general conditions for service of improvement notice	section 209
general improvement area	section 253
housing action area	section 239
housing arrangements	section 235
housing association	section 5(1)
housing trust	section 6
improvement (and improved)	section 237
improvement notice	section 216
lessee	section 621
local authority	section 4(e)
local housing authority	sections 1, 2(2)
long tenancy	section 237
new town corporation	section (4)(b)
occupying tenant	section 236(2)
owner	section 237
owner-occupier (and owner-occupied)	section 237
person having control	section 236(1)
provisional notice	section 213
reduced standard	section 234
registered (in relation to a housing association)	section 5(4)
restricted contract	section 622
standard amenities	sections 237 and 508
standard scale (in reference to the maximum fine on summary conviction)	section 622
statutory tenant	section 622