Housing Act 1985

Condition as to residence may be dispensed with or suspended E+W

3 (1) The statutory condition as to residence may at any time be dispensed with by the local authority. E+W

(2) The local authority may allow a proprietor to permit, by letting or otherwise, a house to be occupied as a furnished house by some other person—

(a) during a period not exceeding four months in all in any twelved months, or

(b) during his absence from the house in the performance of any duty arising from or incidental to any office, service or employment held or undertaken by him;

and the statutory condition as to residence is suspended while the permission continues.

(3) Where the proprietor of a house subject to the statutory conditions dies, the condition requiring residence is suspended until th expiration of twelve months from the death, or any earlier date at which the personal representatives transfer the ownership or interest of the proprietor in the course of administration.

(4) Where the proprietor of any such house becomes bankrupt, or his estate [F1 falls to be administered in accordance with an order under section [F2 421 of the Insolvency Act 1986]], and in either case an arrangement under this Schedule is made with the trustee in bankruptcy, the local authority may, if they think fit, suspend the condition as to residence during the continuance of the arrangement.

(5) Where an advance has been made in pursuance of section 7(1) of the M1 Small Dwellings Acquisition Act 1899 (power to make advance on strength of undertaking to begin residence), the statutory condition requiring residence is suspended during the period allowed before residence must be begun.

Textual Amendments

F1 Words substituted by Insolvency Act 1985 (c. 65, SIF 66), s. 235(1)(2), Sch. 8 para. 39(2), Sch. 9 para. 11(2)

F2 Words substituted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14

Marginal Citations

M1 1899 c. 44.