Housing Act 1988

82 Power of [F1 Relevant Authority] to provide legal assistance to tenants after disposal. E+W

(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 [F2 or the introductory tenant] of the house immediately before the disposal; or

(b) is the widow [F3 , widower or surviving civil partner] of the person who was then the secure tenant [F2 or 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 [F4 Relevant 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 [F4 Relevant 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 [F4 Relevant 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 [F4 Relevant 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 [F4 Relevant 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 [F5 imposed 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].

[F6 (5) In this section “the [F7 Relevant Authority]” in relation to a registered social landlord which acquired the house on the disposal referred to in subsection (1) above means the [F7 Relevant Authority] in whose register the landlord is registered.

As to [F8 whether that is the Housing Corporation or the Secretary of State], see section 56 of the Housing Act 1996.]

Textual Amendments

F1 S. 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

F2 Words in s. 82(1)(a)(b) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(f)

F3 Words in s. 82(1)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263, Sch. 8 para. 42; S.I. 2005/3175, art. 2(1), Sch. 1

F4 Words 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

F5 Words 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)

F6 S. 82(5) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(11)

F7 Words 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

F8 Words 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)

C1 S. 82 functions transferred (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. 6-11)

C2 S. 82(3)(c)(d) amended (1.1.1992) by S.I. 1991/2684, arts. 2(1), 4, Sch. 1