Housing Act 1988

52 Recovery etc. of grants. E+W

(1) Where a grant to which this section applies, that is to say—

(a) a grant under section 50 or 51 above, or

(b) a grant under section 41 of the 1985 Act or any enactment replaced by that section, or

(c) a grant under section 2(2) of the M1 Housing (Scotland) Act 1988,

has been made to a [F2 relevant housing association], the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the [F3 appropriate authority] may from time to time determine (in this section referred to as “relevant events”).

(2) The [F3 appropriate authority]. . . may—

(a) reduce the amount of, or of any payment in respect of, the grant;

(b) suspend or cancel any instalment of the grant; or

(c) direct the association [F4 to apply or appropriate for such purposes as the [F3 appropriate authority] may specify, or to pay to the [F3 appropriate authority]] an amount equal to the whole, or such proportion as it may specify, of the amount of any payment made to the association in respect of the grant,

and a direction under paragraph (c) above [F5 may require the application, appropriation or payment of an amount with interest] in accordance with subsections (7) to (9) below.

(3) Where, after a grant to which this section applies has been made to an association, a relevant event occurs, the association shall notify the [F3 appropriate authority] and, if so required by written notice of the [F3 appropriate authority], shall furnish it with such particulars of and information relating to the event as are specified in the notice.

(4) Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to an association, the Chief Land Registrar may furnish the [F3 appropriate authority] with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the M2 Land Registration Act 1988 for the coming into force of that Act.

(5) Where—

(a) a grant to which this section applies has been made to an association, and

(b) at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other [F6 relevant housing association], or trustees for some other such association,

this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other association.

(6) The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—

(a) the [F3 appropriate authority], acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or

(b) the [F3 appropriate authority] may determine to be appropriate.

(7) A direction under subsection (2)(c) above [F7 requiring the application, appropriation or payment of an amount with interest] shall specify, in accordance with subsection (9) below,—

(a) the rate or rates of interest (whether fixed or variable) which is or are applicable;

(b) the date from which interest is payable, being not earlier than the date of the relevant event; and

(c) any provision for suspended or reduced interest which is applicable.

(8) In subsection (7)(c) above—

(a) the reference to a provision for suspended interest is a reference to a provision whereby, if [F8 the principle amount is applied, appropriated or paid] before a date specified in the direction, no interest will be payable for any period after the date of the direction; and

(b) the reference to a provision for reduced interest is a reference to a provision whereby, if [F9 the principle amount is so applied, appropriated or paid], any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.

(9) The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—

(a) such as the [F3 appropriate authority], acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or

(b) such as the [F3 appropriate authority] may determine to be appropriate in the particular case.

[F10 (9A) In this section and sections 53 and 54—

• “the appropriate authority”—

  (a)

  in relation to an English relevant housing association [F11 and property outside Greater London], means the Homes and Communities Agency,

  (aa)

  [F12 in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and]

  (b)

  in relation to a Welsh relevant housing association, means the Welsh Ministers,

• “ relevant housing association ” means—

  (a)

  a housing association which is a registered provider of social housing (“an English relevant housing association”), and

  (b)

  a housing association which is a registered social landlord (“a Welsh relevant housing association”).

(9B) In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—

(a) Part 1 of the Housing Act 1996,

(b) Part 1 of the 1985 Act, or

(c) any corresponding earlier enactment.]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F2 Words in s. 52(1) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 47(3); S.I. 2010/862, art. 2 (with Sch.)

F3 Words in s. 52 substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 47(2); S.I. 2010/862, art. 2 (with Sch.)

F4 Words in s. 52(2)(c) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(a), 231(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

F5 Words in s. 52(2) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(b), 231(4)(b); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

F6 Words in s. 52(5)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 47(3); S.I. 2010/862, art. 2 (with Sch.)

F7 Words in s. 52(7) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(c), 231(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

F8 Words in s. 52(8)(a) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(d), 231(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

F9 Words in s. 52(8)(b) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(e), 231(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

F10 S. 52(9A)(9B) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 47(4); S.I. 2010/862, art. 2 (with Sch.)

F11 Words in s. 52(9A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 28(a); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F12 Words in s. 52(9A) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 28(b); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Modifications etc. (not altering text)

C1 S. 52 excluded (E.W.) (1.8.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 24(7), 231(4)(b) (with s. 51(4)); S.I. 1996/2048, art. 3; S.I. 1996/618, art. 2 (subject to transitional provisions in Sch.)

C2 Ss. 50-55 amended (1.4.1997) by 1996 c. 52, s. 28(6) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

C3 S. 52 functions transferred (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

C4 S. 52 modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 4; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

C5 S. 52 modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 3(10); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

C6 S. 52 excluded (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 177(8), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

Marginal Citations

M1 1988 c. 43.

M2 1988 c. 3.

52 Recovery etc. of grants. S

(1) Where a grant to which this section applies, that is to say—

(a) a grant under section 50 or 51 above, or

(b) a grant under section 41 of the 1985 Act or any enactment replaced by that section, or

(c) a grant under section 2(2) of the M3 Housing (Scotland) Act 1988,

has been made to a registered [F13 social landlord], the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the Corporation may from time to time determine (in this section referred to as “relevant events”).

(2) The Corporation, acting in accordance with such principles as it may from time to time determine, may—

(a) reduce the amount of, or of any payment in respect of, the grant;

(b) suspend or cancel any instalment of the grant; or

(c) direct the [F14 landlord] to pay to it an amount equal to the whole, or such proportion as it may specify, of the amount of any payment made to the [F14 landlord] in respect of the grant,

and a direction under paragraph (c) above requiring the payment of any interest on that amount in accordance with subsections (7) to (9) below.

(3) Where, after a grant to which this section applies has been made to [F15 a registered social landlord], a relevant event occurs, the [F15 landlord] shall notify the Corporation and, if so required by written notice of the Corporation, shall furnish it with such particulars of and information relating to the event as are specified in the notice.

(4) Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to [F15 a registered social landlord] , the Chief Land Registrar may furnish the Corporation with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the M4 Land Registration Act 1988 for the coming into force of that Act.

(5) Where—

(a) a grant to which this section applies has been made to [F16 a registered social landlord], and

(b) at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other registered [F16 social landlord], or trustees for some other such [F16 landlord],

this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other [F16 landlord].

(6) The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—

(a) the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or

(b) the Corporation may determine to be appropriate.

(7) A direction under subsection (2)(c) above requiring the payment of interest on the amount directed to be paid to the Corporation shall specify, in accordance with subsection (9) below,—

(a) the rate or rates of interest (whether fixed or variable) which is or are applicable;

(b) the date from which interest is payable, being not earlier than the date of the relevant event; and

(c) any provision for suspended or reduced interest which is applicable.

(8) In subsection (7)(c) above—

(a) the reference to a provision for suspended interest is a reference to a provision whereby, if the amount which is directed to be paid to the Corporation is paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and

(b) the reference to a provision for reduced interest is a reference to a provision whereby, if that amount is so paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.

(9) The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—

(a) such as the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or

(b) such as the Corporation may determine to be appropriate in the particular case.

[F10 (9A) In this section and sections 53 and 54—

• “the appropriate authority”—

  (a)

  in relation to an English relevant housing association[F11 and property outside Greater London], means the Homes and Communities Agency,

  (aa)

  [F12 in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and]

  (b)

  in relation to a Welsh relevant housing association, means the Welsh Ministers,

• “ relevant housing association ” means—

  (a)

  a housing association which is a registered provider of social housing (“an English relevant housing association”), and

  (b)

  a housing association which is a registered social landlord (“a Welsh relevant housing association”).

(9B) In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—

(a) Part 1 of the Housing Act 1996,

(b) Part 1 of the 1985 Act, or

(c) any corresponding earlier enactment.]

[F17 (10) In this section and section 53, “registered social landlord” has the same meaning as in the [F18 Housing (Scotland) Act 2010 (asp 17).]]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F10 S. 52(9A)(9B) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 47(4); S.I. 2010/862, art. 2 (with Sch.)

F11 Words in s. 52(9A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 28(a); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F12 Words in s. 52(9A) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 28(b); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F13 Words in s. 52(1) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(3)(a); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F14 Words in s. 52(2)(c) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(3)(b); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F15 Words in S. 52(3)(4) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para 15(3)(c)(d); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F16 Words in s. 52(5) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(3)(e); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F17 S. 52(10) inserted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(3)(f); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F18 Words in s. 52(10) substituted (S.) (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 5; S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

Modifications etc. (not altering text)

C6 S. 52 excluded (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 177(8), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

Marginal Citations

M3 1988 c. 43.

M4 1988 c. 3.