- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2000)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 05/12/2005
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Housing Act 1988, Section 82 is up to date with all changes known to be in force on or before 27 August 2024. 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.
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(1)This section applies where a house has been disposed of by a Corporation to disposal falling within section 79(2) above and, in relation to a house provide legal which has been so disposed of, a “transferred tenant” means a tenant of it assistance to who either—
(a)was the secure tenant [F2or the introductory tenant] of the house immediately before the disposal; or
(b)is the widow or widower of the person who was then the secure tenant [F2or the introductory tenant] of it.
(2)On an application by a transferred tenant of a house who is a party or a prospective party to proceedings or prospective proceedings to determine any dispute between himself and the person who acquired the house on the disposal referred to in subsection (1) above, the [F3Relevant Authority] may give assistance to the transferred tenant if it thinks fit to do so—
(a) on the ground that the case raises a question of principle; or
(b)on the ground that it is unreasonable, having regard to the complexity of the case, or to any other matter, to expect the transferred tenant to deal with it without assistance; or
(c)by reason of any other special consideration.
(3)Assistance given by the [F3Relevant Authority] under this section may include—
(a)giving advice;
(b)procuring or attempting to procure the settlement of the matter in dispute;
(c)arranging for the giving of advice or assistance by a solicitor or counsel;
(d)arranging for representation by a solicitor or counsel, including such assistance as is usually given by a solicitor or counsel in the steps preli*minary or incidental to any proceedings, or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings; and
(e)any other form of assistance which the [F3Relevant Authority] may consider appropriate;
but paragraph (d) above does not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any proceedings.
(4)In so far as expenses are incurred by the [F3Relevant Authority] in providing a transferred tenant with assistance under this section, the recovery of those expenses (as taxed or assessed in such manner as may be prescribed by rules of court) shall constitute a first charge for the benefit of the [F3Relevant Authority]—
(a)on any costs which (whether by virtue of a judgment or order of a court or an agreement or otherwise) are payable to the tenant by any other person in respect of the matter in connection with which the assistance was given, and
(b)so far as relates to any costs, on his rights under any compromise or settlement arrived at in connection with that matter to avoid or bring to an end any proceedings;
but subject to any charge [F4imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission].
[F5(5)In this section “the [F6Relevant Authority]” in relation to a registered social landlord which acquired the house on the disposal referred to in subsection (1) above means the [F6Relevant Authority] in whose register the landlord is registered.
As to [F7whether that is the Housing Corporation or the Secretary of State], see section 56 of the Housing Act 1996.]
Textual Amendments
F1S. 82: words in side-note substituted (1.11.1998) by 1998 c. 38, s. 140(1), Sch. 16 para. 69(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5
F2Words in s. 82(1)(a)(b) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(f)
F3Words in s. 82(2)-(4) substituted (1.11.1998) by 1998 c. 38, s. 140(1), Sch. 16 para. 69(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5
F4Words in s. 82(4) substituted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 paras. 42, 43 (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/774, art. 2(a)(ii)(iii) (with transitional provisions and savings in arts. 3-5)
F5S. 82(5) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(11)
F6Words in s. 82(5) substituted (1.11.1998) by 1998 c. 38, s. 140(1), Sch. 16 para. 69(3)(a) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5
F7Words in s. 82(5) substituted (1.11.1998) by 1998 c. 38, s. 140(1), Sch. 16 para. 69(3)(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5
Modifications etc. (not altering text)
C1S. 82(3)(c)(d) amended (1.1.1992) by S.I. 1991/2684, arts. 2(1), 4, Sch. 1
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