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Housing Act 1985

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Changes over time for: Section 450B

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Version Superseded: 01/12/2008

Status:

Point in time view as at 18/01/2005. This version of this provision has been superseded. Help about Status

Changes to legislation:

Housing Act 1985, Section 450B is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1450B 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 [F2or improvements] (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 [F3Relevant Authority] may, in such circumstances as may be prescribed, make a loan to the tenant in respect of the service charges.

[F4(1A)But, except for cases where he is the landlord as the result of the exercise by him (or Housing for Wales) of functions under Part III of the M1Housing Associations Act 1985, the regulations may not contain provision for cases where the Secretary of State is the landlord.]

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

(a)where the landlord is a housing association, a power of the [F3Relevant Authority] 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.

[F5(3A)For the purposes of this section a long lease granted or assigned by the Secretary of State shall only be taken to have been granted or assigned by a housing authority if the Secretary of State granted or assigned it in exercise of his powers under section 90 of the M2Housing Associations Act 1985.]

(4)In this section—

  • housing authority” includes any [F6registered social landlord other than a co-operative housing association and any co-operative housing association which is not a registered social landlord; and]

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

(5)This section does not affect any other power of the landlord, or the [F3Relevant Authority], to make loans.]

Textual Amendments

F1Ss. 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)

F2Words in s. 450B(1)(b) inserted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 150, 181(1), Sch. 9 para. 3; S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i), Sch. 2

F3Words in s. 450C substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 5 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F4S. 450B(1A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 17(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F5S. 450B(3A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 17(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F6Words in the definition of "housing authority" in s. 450B(4) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(23)

Marginal Citations

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