Housing Act 1985

Changes over time for: Section 80

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Changes and effects yet to be applied to Section 80:

specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. 6 by S.I. 2019/110 reg. 5

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 81A-81D and cross-heading inserted by 2016 c. 22 Sch. 7 para. 4 (This provision is amended by 2021 c. 7, ss. 79(3), 90(6); S.I 2021/1038, reg. 3(c))
s. 81B(1)(b) words inserted by 2018 c. 11 s. 1(3)
s. 81B(2A)-(2C) inserted by 2018 c. 11 s. 1(2)
s. 81B(2C) words substituted by 2021 c. 17 s. 79(3)(a)(i) (This amendment not applied to legislation.gov.uk. The insertion of s. 81B by 2016 c. 22, Sch. 7 para. 4 is still prospective)
s. 81B(2C) words substituted by 2021 c. 17 s. 79(3)(a)(ii) (This amendment not applied to legislation.gov.uk. The insertion of s. 81B by 2016 c. 22, Sch. 7 para. 4 is still prospective)
s. 81B(2D) inserted by 2021 c. 17 s. 79(3)(b) (This amendment not applied to legislation.gov.uk. The insertion of s. 81B by 2016 c. 22, Sch. 7 para. 4 is still prospective)
s. 82(A1)(A2) inserted by 2016 c. 22 s. 119(2)(a)
s. 82A(4A)(4B) inserted by 2016 c. 22 Sch. 7 para. 7(2)
s. 86(1A)(1B) inserted by 2016 c. 22 Sch. 7 para. 10(3)
s. 86(1C) inserted by 2016 c. 22 Sch. 8 para. 2
s. 86A-86F and cross-headings inserted by 2016 c. 22 Sch. 7 para. 11
s. 86G s. 86A renumbered as s. 86G by 2016 c. 22 Sch. 8 para. 3(1)(a)
s. 86G(8) inserted by 2016 c. 22 Sch. 8 para. 3(2)
s. 88(1)(ba) inserted by 2016 c. 22 Sch. 8 para. 4
s. 89(2A)-(2D) inserted by 2016 c. 22 Sch. 8 para. 5(3)
s. 97(1A) inserted by 2016 c. 22 Sch. 7 para. 12(3)
s. 99A(1A) inserted by 2016 c. 22 Sch. 7 para. 13(3)
s. 115(3)-(7) inserted by 2024 c. 22 Sch. 9 para. 4(a)(ii)
s. 115B 115C inserted by 2016 c. 22 Sch. 7 para. 15
s. 115B 115C inserted by 2016 c. 22 Sch. 7 para. 15
s. 305(1A) inserted by 2023 asc 3 Sch. 13 para. 68(b)
s. 306(1A) inserted by 2023 asc 3 Sch. 13 para. 69(b)
s. 353A inserted by 1996 c. 52 s. 73(1) (This amendment not applied to legislation.gov.uk. S. 73 repealed (6.4.2006 for E., 16.6.2006 for W.) by 2004 c. 34, Sch. 16; S.I. 2006/1060, art. 2(1)(e), Sch.; S.I. 2006/1535, art. 2(c), Sch.)
s. 582(6)(aa)-(ac) substituted for s. 582(6)(a) by 2023 c. 55 Sch. 18 para. 4(2)(b)
Sch. 1 para. 1ZA and cross-heading inserted by 2016 c. 22 Sch. 7 para. 17(2)
Sch. 5A para. 3(3)(aa) inserted by 2023 c. 55 Sch. 18 para. 4(3)(b)(ii)
Sch. 5A para. 3(6A) inserted by 2023 c. 55 Sch. 18 para. 4(3)(d)

80 The landlord condition.E+W

(1)The landlord condition is that the interest of the landlord belongs to one of the following authorities or bodies—

a local authority,
a [F1development] corporation,
[F2a housing action trust]
[F3 a Mayoral development corporation, ]
an urban development corporation, [F4in the case of a tenancy falling within subsections (2A) to (2E), the Homes and Communities Agency [F5, the Greater London Authority] or the Welsh Ministers (as the case may be), ]
F6. . .
F7. . .
F7. . .
F8. . . housing co-operative to which this section applies.

F9(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(2A)A tenancy falls within this subsection if the interest of the landlord is transferred to—

(a)the Homes and Communities Agency as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008,

[F11(aa)the Greater London Authority as mentioned in section 333ZI(2)(a) to (d) of the Greater London Authority Act 1999, or]

(b)the Welsh Ministers as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

(2B)A tenancy falls within this subsection if it is entered into pursuant to a contract under which the rights and liabilities of the prospective landlord are transferred to the Homes and Communities Agency [F12, the Greater London Authority] or the Welsh Ministers as mentioned in subsection (2A)(a)[F13, (aa)] or (b) (as the case may be).

(2C)A tenancy falls within this subsection if it is granted by the Homes and Communities Agency [F14, the Greater London Authority] or the Welsh Ministers to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant of the Homes and Communities Agency [F14, the Greater London Authority] or the Welsh Ministers (as the case may be).

(2D)A tenancy falls within this subsection if—

(a)it is granted by the Homes and Communities Agency [F15, the Greater London Authority]or the Welsh Ministers to a person (alone or jointly with others),

(b)before the grant of the tenancy, an order for possession of a dwelling-house let under a secure tenancy was made against the person (alone or jointly with others) and in favour of the Homes and Communities Agency [F15, the Greater London Authority] or the Welsh Ministers (as the case may be) on the court being satisfied as mentioned in section 84(2)(b) or (c), and

(c)the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied.

(2E)A tenancy falls within this subsection if it is granted by the Homes and Communities Agency [F16, the Greater London Authority] or the Welsh Ministers pursuant to an obligation under section 554(2A).]

(3)If a co-operative housing association ceases to be [F17a private registered provider of social housing or] [F18a registered social landlord], it shall, within the period of 21 days beginning with the date on which it ceases to be [F19such a body], notify each of its tenants who thereby becomes a secure tenant, in writing, that he has become a secure tenant.

[F20(4)This section applies to a housing co-operative within the meaning of section 27B (agreements under certain superseded provisions) where the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section.]

[F21(5)In this Act and in any provision made under this Act, or made by or under any other enactment, a reference to—

(a)a person within section 80 or 80(1) of this Act, or

(b)a person who satisfies the landlord condition under this section,

includes a reference to the Homes and Communities Agency [F22, to the Greater London Authority] or to the Welsh Ministers so far as acting in their capacity as landlord (or, in the case of disposals, former landlord) in respect of a tenancy which falls within subsections (2A) to (2E) above but, subject to this, does not include the Homes and Communities Agency [F23, the Greater London Authority ] or the Welsh Ministers.

(6)Subsection (5)—

(a)applies whether the person is described as an authority, body or landlord or in any other way and whether the reference is otherwise expressed in a different way, and

(b)is subject to any provision to the contrary.]

Textual Amendments

F1Words in s. 80(1) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 10(2)(a) (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)

F2Words in s. 80(1) inserted by Housing Act 1988 (c. 50, SIF 61), s. 83(2)

F3Words in s. 80(1) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 11

F4Words in s. 80(1) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 10(2)(b) (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)

F5Words in s. 80(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(2); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)