Housing Act 1985

[F1 450B Power to make loans in other cases. E+W

(1) The Secretary of State may by regulations provide that where—

(a) a housing authority is the landlord of a flat under a long lease granted or assigned by the authority or by another housing authority, and

(b) the tenant is liable under the terms of the lease to pay service charges in respect of repairs (whether to the flat, the building in which it is situated or any other building or land),

the landlord or, where the landlord is a housing association, the [F2 Corporation] may, in such circumstances as may be prescribed, make a loan to the tenant in respect of the service charges.

(2) The regulations shall provide that the power is—

(a) where the landlord is a housing association, a power of the [F2 Corporation] to make an advance, and

(b) in any other case, a power of the landlord to leave the whole or part of the service charge outstanding.

(3) Where the tenant is entitled to a loan in pursuance of regulations under section 450A, the power conferred by regulations under this section may be exercised in respect of any part of the service charge which does not qualify for a loan under that section.

(4) In this section—

• “housing authority” includes any [F3 registered housing association other than a co-operative housing association and any unregistered housing asociation which is a co-operative housing association; and]

• “repairs” includes works for making good a structural defect.

(5) This section does not affect any other power of the landlord, or the [F2 Corporation], to make loans.]

Textual Amendments

F1 Ss. 450A, 450B, 450C and cross heading inserted (13.07.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 5; S.I. 1992/1753, art.2(1)

F2 Word substituted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. II para. 106

F3 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 57