Housing Act 1996

Part I U.K. [F1 Social Rented Sector [F2 regulated by the Welsh Ministers]]

Textual Amendments

F1 Pt. I title substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(1), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F2 Words in Pt. I title substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 2; S.I. 2011/2475, arts. 1(2), 2(u)

Modifications etc. (not altering text)

C1 Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3

C2 Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)

Chapter I U.K. Registered social landlords

Registration U.K.

[F3 A1 Introduction U.K.

This Chapter provides for the registration of social landlords in Wales.]

Textual Amendments

F3 S. A1 inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(2), 325(1); S.I. 2010/862, art. 2 (with Sch.)

1 The register of social landlords. E+W

(1) [F4 The Welsh Ministers ] shall maintain a register of social landlords which shall be open to inspection at all reasonable times F5 . . ..

F6 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Words in s. 1 substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(3)(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F5 Words in s. 1(1) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 83(2), Sch. 18 Pt.VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F6 S. 1(1A)(1B) repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(3)(b), 325(1), Sch. 16; S.I. 2010/862, arts. 2, 3 (with Sch.)

F7 S. 1(2) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 83(4), Sch. 18 Pt.VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C3 S. 1 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

C4 S. 1 modified (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. 5 (with art. 6)

[F8 1A Welsh bodies U.K.

In this Chapter “Welsh body” means a body which is—

(a) a registered charity whose address, for the purposes of registration by the Charity Commission for England and Wales, is in Wales,

(b) an industrial and provident society whose registered office for the purposes of the Industrial and Provident Societies Act 1965 is in Wales, or

(c) a company within the meaning of the Companies Act 2006 which has its registered office for the purposes of that Act in Wales.]

Textual Amendments

F8 S. 1A inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(4), 325(1); S.I. 2010/862, art. 2 (with Sch.)

2 Eligibility for registration. E+W

(1) [F9 A Welsh body] is eligible for registration as a social landlord if it is—

(a) a registered charity which is a housing association,

(b) a society registered under the M1 Industrial and Provident Societies Act 1965 which satisfies the conditions in subsection (2), or

(c) [F10 a company] which satisfies those conditions.

(2) The conditions are that the body is [F11 principally concerned with Welsh housing, is] non-profit-making and is established for the purpose of, or has among its objects or powers, the provision, construction, improvement or management of—

(a) houses to be kept available for letting,

(b) houses for occupation by members of the body, where the rules of the body restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by the body, or

(c) hostels,

and that any additional purposes or objects are among those specified in subsection (4).

[F12 (2A) A body is principally concerned with Welsh housing if the Welsh Ministers think—

(a) that it owns housing only or mainly in Wales, or

(b) that its activities are principally undertaken in respect of Wales;

and once a body has been registered in reliance on paragraph (a) or (b) it does not cease to be eligible for registration by virtue only of ceasing to satisfy that paragraph.]

(3) For the purposes of this section a body is non-profit-making if—

(a) it does not trade for profit, or

(b) its constitution or rules prohibit the issue of capital with interest or dividend exceeding the rate prescribed by the Treasury for the purposes of section 1(1)(b) of the M2 Housing Associations Act 1985.

(4) The permissible additional purposes or objects are—

(a) providing land, amenities or services, or providing, constructing, repairing or improving buildings, for its residents, either exclusively or together with other persons;

(b) acquiring, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of on sale, on lease or on shared ownership terms;

(c) constructing houses to be disposed of on shared ownership terms;

(d) managing houses held on leases or other lettings (not being houses within subsection (2)(a) or (b)) or blocks of flats;

(e) providing services of any description for owners or occupiers of houses in arranging or carrying out works of maintenance, repair or improvement, or encouraging or facilitating the carrying out of such works;

(f) encouraging and giving advice on the forming of housing associations or providing services for, and giving advice on the running of, such associations and other voluntary organisations concerned with housing, or matters connected with housing.

(5) A body is not ineligible for registration as a social landlord by reason only that its powers include power—

(a) to acquire commercial premises or businesses as an incidental part of a project or series of projects undertaken for purposes or objects falling within subsection (2) or (4);

(b) to repair, improve or convert commercial premises acquired as mentioned in paragraph (a) or to carry on for a limited period any business so acquired;

(c) to repair or improve houses, or buildings in which houses are situated, after a disposal of the houses by the body by way of sale or lease or on shared ownership terms.

(6) In this section—

• “block of flats” means a building containing two or more flats which are held on leases or other lettings and which are occupied or intended to be occupied wholly or mainly for residential purposes;

• “disposed of on shared ownership terms” means disposed of on a lease—

  (a)

  granted on a payment of a premium calculated by reference to a percentage of the value of the house or of the cost of providing it, or

  (b)

  under which the tenant (or his personal representatives) will or may be entitled to a sum calculated by reference directly or indirectly to the value of the house;

• “letting” includes the grant of a licence to occupy;

• “residents”, in relation to a body, means persons occupying a house or hostel provided or managed by the body; and

• “voluntary organisation” means an organisation whose activities are not carried on for profit.

(7) The [F13 Welsh Ministers] may by order specify permissible purposes, objects or powers additional to those specified in subsections (4) and (5).

The order may (without prejudice to the inclusion of other incidental or supplementary provisions) contain such provision as the [F13 Welsh Ministers] thinks fit with respect to the priority of mortgages entered into in pursuance of any additional purposes, objects or powers.

(8) An order under subsection (7) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of [F14 the National Assembly for Wales] .

Textual Amendments

F9 Words in s. 2(1) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(5)(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F10 Words in s. 2(1)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(2)(a) (with art. 10)

F11 Words in s. 2(2) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(5)(b), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F12 S. 2(2A) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(5)(c), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F13 Words in s. 2(7) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(5)(d), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F14 Words in s. 2(8) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(5)(e), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C5 S. 2(4) extended (19.4.1999) by 1999/985, art.2

S. 2(4) extended (1.7.1999) by S.I. 1999/1206, art. 2(1)

Commencement Information

I1 S. 2 wholly in force 1.10.1996; s. 2 not in force at Royal Assent see s. 232(1)-(3); s. 2(7)(8) in force at 1.8.1996 by 1996/2048, art. 2(1) and s. 2 in force at 1.10.1996 to the extent not already in force by S.I. 1996/2402, art. 3 (subject to the transitional provisions and savings in the Sch. to that S.I.)

Marginal Citations

M1 1965 c. 12.

M2 1985 c. 69.

3 Registration. E+W

(1) The [F15 Relevant Authority] may register as a social landlord [F16 any Welsh body] which is eligible for such registration.

(2) An application for registration shall be made in such manner, and shall be accompanied by such fee (if any), as [F17 the Welsh Ministers] may determine.

(3) As soon as may be after registering a body as a social landlord [F17 the Welsh Ministers] shall give notice of the registration—

(a) in the case of a registered charity, to the [F18 Charity Commission] ,

(b) in the case of an industrial and provident society, to the [F19 Financial Services Authority], and

(c) in the case of [F20 a company (including a company that is a registered charity)] , to the registrar of companies,

who shall record the registration.

(4) [F21 A Welsh body] which at any time is, or was, registered as a social landlord shall, for all purposes other than rectification of the register, be conclusively presumed to be, or to have been, at that time a body eligible for registration as a social landlord.

Textual Amendments

F15 Words in Pt. 1 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

F16 Words in s. 3(1) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(6)(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F18 Words in s. 3(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 184; S.I. 2007/309, art. 2, Sch.

F19 Words in s. 3(3)(b) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 351

F20 Words in s. 3(3)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(3)(a) (with art. 10)

F21 Words in s. 3(4) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(6)(b), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Commencement Information

I2 S. 3 wholly in force 1.10.1996; s. 3 not in force at Royal Assent see s. 232(1)-(3); s. 3(2) in force for certain purposes at 1.8.1996 by S.I. 1996/2048, art. 3 and s. 3 in force at 1.10.1996 to the extent it is not already in force by S.I. 1996/2402, art. 3 (subject to the transitional provisions and savings in the Sch. to that S.I.)

4 Removal from the register. E+W

(1) A body which has been registered as a social landlord shall not be removed from the register except in accordance with this section.

(2) If it appears to the [F17 the Welsh Ministers] that a body which is on the register of social landlords—

(a) is no longer a body eligible for such registration, or

(b) has ceased to exist or does not operate,

[F17 the Welsh Ministers] shall, after giving the body at least 14 days’ notice, remove it from the register.

(3) In the case of a body which appears to [F17 the Welsh Ministers] to have ceased to exist or not to operate, notice under subsection (2) shall be deemed to be given to the body if it is served at the address last known to [F17 the Welsh Ministers] to be the principal place of business of the body.

(4) A body which is registered as a social landlord may request [F17 the Welsh Ministers] to remove it from the register and [F17 the Welsh Ministers] may do so, subject to the following provisions.

(5) Before removing a body from the register of social landlords under subsection (4) [F17 the Welsh Ministers] shall consult the local authorities in whose area the body operates; and [F17 the Welsh Ministers] shall also inform those authorities of its decision.

(6) As soon as may be after removing a body from the register of social landlords [F17 the Welsh Ministers] shall give notice of the removal—

(a) in the case of a registered charity, to the [F22 Charity Commission] ,

(b) in the case of an industrial and provident society, to the [F23 Financial Services Authority], and

(c) in the case of [F24 a company (including a company that is a registered charity)] , to the registrar of companies,

who shall record the removal.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F22 Words in s. 4(6) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 185; S.I. 2007/309, art. 2, Sch.

F23 Words in s. 4(6)(b) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 352

F24 Words in s. 4(6)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(3)(b) (with art. 10)

Modifications etc. (not altering text)

C6 S. 4 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

5 Criteria for registration or removal from register. E+W

(1) The [F25 Relevant Authority] shall establish (and may from time to time vary) criteria which should be satisfied by a body seeking registration as a social landlord; and in deciding whether to register a body [F17 the Welsh Ministers] shall have regard to whether those criteria are met.

(2) The [F25 Relevant Authority] shall establish (and may from time to time vary) criteria which should be satisfied where such a body seeks to be removed from the register of social landlords; and in deciding whether to remove a body from the register the [F25 Relevant Authority] shall have regard to whether those criteria are met.

(3) Before establishing or varying any such criteria [F17 the Welsh Ministers] shall consult such bodies representative of registered social landlords, and such bodies representative of local authorities, as it thinks fit.

(4) The [F25 Relevant Authority] shall publish the criteria for registration and the criteria for removal from the register in such manner as [F17 the Welsh Ministers] considers appropriate for bringing the criteria to the notice of bodies representative of registered social landlords and bodies representative of local authorities.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F25 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

6 Appeal against decision on removal. E+W

(1) A body which is aggrieved by a decision of [F17 the Welsh Ministers]—

(a) not to register it as a social landlord, or

(b) to remove or not to remove it from the register of social landlords,

may appeal against the decision to the High Court.

(2) If an appeal is brought against a decision relating to the removal of a body from the register, [F17 the Welsh Ministers] shall not remove the body from the register until the appeal has been finally determined or is withdrawn.

(3) As soon as may be after an appeal is brought against a decision relating to the removal of a body from the register, [F17 the Welsh Ministers] shall give notice of the appeal—

(a) in the case of a registered charity, to the [F26 Charity Commission] ,

(b) in the case of an industrial and provident society, to the [F27 Financial Services Authority], and

(c) in the case of [F28 a company (including a company that is a registered charity)] , to the registrar of companies.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F26 Words in s. 6(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 186; S.I. 2007/309, art. 2, Sch.

F27 Words in s. 6(3)(b) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 353

F28 Words in s. 6(3)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(3)(c) (with art. 10)

Modifications etc. (not altering text)

C7 S. 6 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

S. 6 restricted (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 3

[F29 Voluntary undertakings E+W

Textual Amendments

F29 S. 6A and cross-heading inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 41, 90(2); S.I. 2011/2475, arts. 1(2), 2(f)

6A Voluntary undertakings E+W

(1) A registered social landlord may give the Welsh Ministers an undertaking in respect of any matter concerning housing.

(2) The Welsh Ministers may prescribe a procedure to be followed in giving an undertaking.

(3) The Welsh Ministers must have regard to any undertaking offered or given in exercising a regulatory or enforcement power.

(4) The Welsh Ministers may base a decision about whether to exercise a regulatory or enforcement power wholly or partly on the extent to which an undertaking has been honoured.

(5) In this section, “regulatory or enforcement power” means a power exercisable under any of the following provisions—

• section 35,

• section 37,

• section 38,

• Chapter 4A of this Part,

• paragraphs 4 and 6 to 15H of Part 2 of Schedule 1,

• Part 3A of Schedule 1,

• Part 4 of Schedule 1.

(6) This section does not apply in relation to a registered social landlord's provision of housing in England.]

Regulation of registered social landlords U.K.

7 Regulation of registered social landlords. U.K.

Schedule 1 has effect for the regulation of registered social landlords.

• Part I relates to the control of payments to members and similar matters.

• Part II relates to the constitution, change of rules, amalgamation or dissolution of a registered social landlord.

• [F30 Part 3A relates to inspection.]

• Part III relates to accounts and audit.

• Part IV relates to inquiries into the affairs of a registered social landlord.

Textual Amendments

F30 Words in s. 7 inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 3; S.I. 2011/2475, arts. 1(2), 2(u)

Commencement Information

I3 S. 7 wholly in force 1.10.1996; s. 7 not in force at Royal Assent see s. 232(1)-(3); s. 7 in force for certain purposes at 1.8.1996 by S.I. 1996/2048, arts. 2, 3; s. 7 in force at 1.10.1996 to the extent it is not already in force by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch. to that S.I.)

F31 Chapter II U.K. Disposal of land and related matters

Textual Amendments

F31 Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)

Power of registered social landlord to dispose of land E+W

8 Power of registered social landlord to dispose of land. E+W

(1) A registered social landlord has power by virtue of this section and not otherwise to dispose, in such manner as it thinks fit, of land held by it.

(2) Section 39 of the M3 Settled Land Act 1925 (disposal of land by trustees) does not apply to the disposal of land by a registered social landlord; and accordingly the disposal need not be for the best consideration in money that can reasonably be obtained.

Nothing in this subsection shall be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity.

(3) This section has effect subject to section 9 (control by [F32 Relevant Authority] of land transactions).

Textual Amendments

F32 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C8 S. 8 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Marginal Citations

M3 1925 c. 18.

Control by [F33 Welsh Minsters] of land transactions E+W

Textual Amendments

F33 Words in s. 9 cross-heading substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(1)(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

9 Consent required for disposal of land by registered social landlord. E+W

(1) The consent of [F17 the Welsh Ministers]. . ., is required for any disposal of land by a registered social landlord under section 8.

[F34 (1A) The consent—

(a) if given by the Housing Corporation, shall be given by order under its seal, and

(b) [F35 Consent given by] the [F36 Welsh Ministers ] , [F37 under this section] shall be given by order in writing.]

(2) The consent of [F17 the Welsh Ministers] may be so given—

(a) generally to all registered social landlords or to a particular landlord or description of landlords;

(b) in relation to particular land or in relation to a particular description of land,

and may be given subject to conditions.

(3) Before giving any consent other than a consent in relation to a particular landlord or particular land, [F17 the Welsh Ministers] shall consult such bodies representative of registered social landlords as it thinks fit.

(4) A disposal of a house by a registered social landlord made without the consent required by this section is void unless—

(a) the disposal is to an individual (or to two or more individuals),

(b) the disposal does not extend to any other house, and

(c) the landlord reasonably believes that the individual or individuals intend to use the house as their principal dwelling.

(5) Any other disposal by a registered social landlord which requires consent under this section is valid in favour of a person claiming under the landlord notwithstanding that that consent has not been given; and a person dealing with a registered social landlord, or with a person claiming under such a landlord, shall not be concerned to see or inquire whether any such consent has been given.

(6) Where at the time of its removal from the register of social landlords a body owns land, this section continues to apply to that land after the removal as if the body concerned continued to be a registered social landlord.

(7) For the purposes of this section “disposal” means sale, lease, mortgage, charge or any other disposition.

(8) This section has effect subject to section 10 (lettings and other disposals not requiring consent of [F38 Relevant Authority]).

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F34 S. 9(1A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 84(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F35 Words in s. 9(1A)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 82(a) (with art. 6, Sch. 3)

F36 Words in s. 9(1A)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F37 Words in s. 9(1A)(b) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 82(b) (with art. 6, Sch. 3)

F38 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C9 S. 9(1A)(a) modified (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. 5 (with art. 6)

C10 S. 9(6) extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 6

Commencement Information

I4 S. 9 wholly in force 1.10.1996; s. 9 not in force at Royal Assent see s. 232(1)-(3); s. 9(3) in force at 1.8.1996 by S.I. 1996/2048, art. 2, and s. 9 in force at 1.10.1996 to the extent it is not already in force by S.I. 1996/2402, art. 3 (subject to the transitional provisions and savings in the Sch. to that S.I.)

10 Lettings and other disposals not requiring consent of [F39 Relevant Authority]. E+W

(1) A letting by a registered social landlord does not require consent under section 9 if it is—

(a) a letting of land under an assured tenancy or an assured agricultural occupancy, or what would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8, or paragraph 12(1)(h), [F40 or any of paragraphs 12ZA to 12B,] of Schedule 1 to the M4 Housing Act 1988, or

(b) a letting of land under a secure tenancy or what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the M5 Housing Act 1985.

(2) Consent under section 9 is not required in the case of a disposal to which section 81 or 133 of the Housing Act 1988 applies (certain disposals for which the consent of the Secretary of State is required).

(3) Consent under section 9 is not required for a disposal under Part V of the Housing Act 1985 (the right to buy) or under the right conferred by section 16 below (the right to acquire).

Textual Amendments

F39 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F40 Words in s. 10(1)(a) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 83 (with art. 6, Sch. 3)

Modifications etc. (not altering text)

C11 S. 10 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Marginal Citations

M4 1988 c. 50.

M5 1985 c. 68.

[F41 11 Covenant for repayment of discount on disposal E+W

(1) Where on a disposal of a house by a registered social landlord, in accordance with a consent given by [F17 the Welsh Ministers] under section 9, a discount has been given to the purchaser, and the consent does not provide otherwise, the conveyance, grant or assignment shall contain a covenant binding on the purchaser and his successors in title to the following effect.

(2) The covenant shall be to pay to the landlord such sum (if any) as the landlord may demand in accordance with subsection (3) on the occasion of the first relevant disposal which is not an exempted disposal and which takes place within the period of five years beginning with the conveyance, grant or assignment.

(3) The landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section.

(4) The maximum amount which may be demanded by the landlord is a percentage of the price or premium paid for the first relevant disposal which is equal to the percentage discount given to the purchaser in respect of the disposal of the house by the landlord.

(5) But for each complete year which has elapsed after the conveyance, grant or assignment and before the first relevant disposal the maximum amount which may be demanded by the landlord is reduced by one-fifth.

(6) Subsections (3) to (5) are subject to section 11A.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F41 Ss. 11-11B substituted for s. 11 (18.1.2005) by Housing Act 2004 (c. 34), ss. 199(1), 270(3)(a) (with s. 199(3))

Modifications etc. (not altering text)

C12 Ss. 11-12 applied (with modifications) (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 179, 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

11A Increase in value of house attributable to home improvements to be disregarded E+W

(1) In calculating the maximum amount which may be demanded by the landlord under section 11, such amount (if any) of the price or premium paid for the first relevant disposal which is attributable to improvements made to the house—

(a) by the person by whom the disposal is, or is to be, made, and

(b) after the conveyance, grant or assignment and before the disposal,

shall be disregarded.

(2) The amount to be disregarded under this section shall be such amount as may be agreed between the parties or determined by the district valuer.

(3) The district valuer shall not be required by virtue of this section to make a determination for the purposes of this section unless—

(a) it is reasonably practicable for him to do so; and

(b) his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made.

(4) If the district valuer does not make a determination for the purposes of this section (and in default of an agreement), no amount is required to be disregarded under this section.]

Textual Amendments

F41 Ss. 11-11B substituted for s. 11 (18.1.2005) by Housing Act 2004 (c. 34), ss. 199(1), 270(3)(a) (with s. 199(3))

Modifications etc. (not altering text)

C12 Ss. 11-12 applied (with modifications) (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 179, 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

12 Priority of charge for repayment of discount. E+W

(1) The charge taking effect by virtue of [F42 section 11B ] (charge for repayment of discount) has priority immediately after any legal charge securing an amount—

(a) left outstanding by the purchaser, or

(b) advanced to him by an approved lending institution for the purpose of enabling him to acquire the interest disposed of on the first disposal,

subject to the following provisions.

(2) An advance which is made for a purpose other than that mentioned in subsection (1)(b) and which is secured by a legal charge having priority to the charge taking effect by virtue of [F42 section 11B ] , and any further advance which is so secured, shall rank in priority to that charge if, and only if, the registered social landlord by notice served on the institution concerned gives consent.

The landlord shall give consent if the purpose of the advance or further advance is an approved purpose.

(3) The registered social landlord may at any time by notice served on an approved lending institution postpone the charge taking effect by virtue of [F42 section 11B ] to an advance or further advance which—

(a) is made to the purchaser by that institution, and

(b) is secured by a legal charge not having priority to that charge;

and the landlord shall serve such a notice if the purpose of the advance or further advance is an approved purpose.

(4) The covenant required by [F42 section 11B ] does not, by virtue of its binding successors in title of the purchaser, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of that section, or a person deriving title under him.

A provision of the conveyance, grant or assignment, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with that covenant.

(5) In this section “approved lending institution” means—

(a) a building society, bank, insurance company or friendly society,

(b) [F17 the Welsh Ministers], or

[F43 (c) an authorised mortgage lender (within the meaning of the Housing Act 1985 (see section 622 of that Act)).]

(6) The following are “approved purposes” for the purposes of this section—

(a) to enable the purchaser to defray, or to defray on his behalf, any of the following—

(i) the cost of any works to the house,

(ii) any service charge payable in respect of the house for works, whether or not to the house, and

(iii) any service charge or other amount payable in respect of the house for insurance, whether or not of the house, and

(b) to enable the purchaser to discharge, or to discharge on his behalf, any of the following—

(i) so much as is still outstanding of any advance or further advance which ranks in priority to the charge taking effect by virtue of [F42 section 11B ] ,

(ii) any arrears of interest on such an advance or further advance, and

(iii) any costs and expenses incurred in enforcing payment of any such interest, or repayment (in whole or in part) of any such advance or further advance.

In this subsection “service charge” has the meaning given by section 621A of the Housing Act 1985.

(7) Where different parts of an advance or further advance are made for different purposes, each of those parts shall be regarded as a separate advance or further advance for the purposes of this section.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F42 Words in s. 12 substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 199(2), 270(3)(a) (with s. 199(3))

F43 S. 12(5)(c) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 307(7), 325(2)(a)

Modifications etc. (not altering text)

C12 Ss. 11-12 applied (with modifications) (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 179, 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

C13 S. 12 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. paras. 1, 11

[F44 12A Right of first refusal for registered social landlord E+W

(1) Where on a disposal of a house by a registered social landlord, in accordance with a consent given by [F17 the Welsh Ministers] under section 9, a discount has been given to the purchaser, and the consent does not provide otherwise, the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.

(2) The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.

(3) In subsection (2) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made.

(4) The [F45 Welsh Ministers] may by regulations prescribe such conditions as [F46 they] [F47 consider] appropriate for and in connection with conferring on—

(a) a registered social landlord which has made a disposal as mentioned in subsection (1), or

(b) such other person as is determined in accordance with the regulations,

a right of first refusal to have a disposal within subsection (5) made to him for such consideration as is mentioned in section 12B.

(5) The disposals within this subsection are—

(a) a reconveyance or conveyance of the house; and

(b) a surrender or assignment of the lease.

(6) Regulations under this section may, in particular, make provision—

(a) for the purchaser to offer to make such a disposal to such person or persons as may be prescribed;

(b) for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted;

(c) for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer;

(d) for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the purchaser and any other prescribed person;

(e) for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person;

(f) for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken;

(g) for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the purchaser is able to make a disposal on the open market;

(h) for the manner in which any offer, acceptance or notification is to be communicated.

(7) In subsection (6) any reference to the purchaser is a reference to the purchaser or his successor in title.

Nothing in that subsection affects the generality of subsection (4).

(8) Regulations under this section—

(a) may make different provision with respect to different cases or descriptions of case; and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of [F48 the National Assembly for Wales] .

(9) The limitation imposed by a covenant within subsection (2) is a local land charge.

(10) The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.

(11) Where there is a relevant disposal which is an exempted disposal by virtue of section 15(4)(d) or (e) (compulsory disposal or disposal of yard, garden, &c)—

(a) the covenant required by this section is not binding on the person to whom the disposal is made or any successor in title of his, and

(b) the covenant ceases to apply in relation to the property disposed of.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F44 Ss. 12A, 12B inserted (18.11.2004 for specified purposes, 18.1.2005 in so far as not already in force) by Housing Act 2004 (c. 34), ss. 200(1), 270(2)(b), (3)(a) (with s. 200(3))

F45 Words in s. 12A(4) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F46 Word in s. 12A(4) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(c), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F47 Word in s. 12A(4) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(e), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F48 Words in s. 12A(8)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 63, 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C14 S. 12A applied (with modifications) (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 179, 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

12B Consideration payable for disposal under section 12A E+W

(1) The consideration for a disposal made in respect of a right of first refusal as mentioned in section 12A(4) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that section).

(2) That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by section 11 (repayment of discount on early disposal) would be discharged by the vendor.

(3) If the offer is accepted in accordance with regulations under section 12A, no payment shall be required in pursuance of any such covenant as is mentioned in subsection (2), but the consideration shall be reduced, subject to subsection (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant.

(4) Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in subsection (2), the consideration shall not be reduced under subsection (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under section 12A).]

Textual Amendments

F44 Ss. 12A, 12B inserted (18.11.2004 for specified purposes, 18.1.2005 in so far as not already in force) by Housing Act 2004 (c. 34), ss. 200(1), 270(2)(b), (3)(a) (with s. 200(3))

Modifications etc. (not altering text)

C15 S. 12B applied (with modifications) (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 179, 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

13 Restriction on disposal of houses in National Parks, &c. E+W

(1) On the disposal by a registered social landlord, in accordance with a consent given by [F17 the Welsh Ministers] under section 9, of a house situated in—

(a) a National Park,

(b) an area designated under [F49 section 82 of the Countryside and Rights of Way Act 2000] as an area of outstanding natural beauty, or

(c) an area designated as a rural area by order under section 157 of the M6 Housing Act 1985,

the conveyance, grant or assignment may (unless it contains a condition of a kind mentioned in section 33(2)(b) or (c) of the Housing Act 1985 (right of pre-emption or restriction on assignment) [F50 or a covenant as mentioned in section 12A(2) of this Act (right of first refusal for registered social landlord) ] ) contain a covenant to the following effect limiting the freedom of the purchaser (including any successor in title of his and any person deriving title under him or such a successor) to dispose of the house.

(2) The limitation is that until such time (if any) as may be notified in writing by the registered social landlord to the purchaser or a successor in title of his, there will be no relevant disposal which is not an exempted disposal without the written consent of the landlord.

(3) That consent shall not be withheld if the person to whom the disposal is made (or, if it is made to more than one person, at least one of them) has, throughout the period of three years immediately preceding the application for consent—

(a) had his place of work in a region designated by order under section 157(3) of the Housing Act 1985 which, or part of which, is comprised in the National Park or area concerned, or

(b) had his only or principal home in such a region,

or if he has had the one in part or parts of that period and the other in the remainder.

The region need not have been the same throughout the period.

(4) A disposal in breach of such a covenant as is mentioned above is void.

(5) The limitation imposed by such a covenant is a local land charge and, [F51 if the first disposal involves registration under the Land Registration Act 2002, the Chief Land Registrar shall enter in the register of title a restriction reflecting the limitation].

(6) In this section “purchaser” means the person acquiring the interest disposed of by the first disposal.

(7) Where there is a relevant disposal which is an exempted disposal by virtue of section 15(4)(d) or (e) (compulsory disposal or disposal of yard, garden, &c.), any such covenant as is mentioned in this section ceases to apply in relation to the property disposed of.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F49 Words in s. 13(1)(b) substituted (1.4.2001 for E. and 1.5.2001 for W.) by 2000 C. 37, s. 93, Sch. 15 Pt. I para. 14; S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)

F50 Words in s. 13(1) inserted (18.1.2005) by Housing Act 2004 (c. 34), ss. 200(2), 270(3)(a) (with s. 200(3))

F51 Words in s. 13(5) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 35 (with s. 129); S.I. 2003/1725, art. 2(1)

Modifications etc. (not altering text)

C16 S. 13 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. paras. 1, 11

C17 S. 13 applied (with modifications) (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 179, 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

Marginal Citations

M6 1985 c. 68.

14 Treatment of options. E+W

(1) For the purposes of sections 9 to 13 the grant of an option enabling a person to call for a relevant disposal which is not an exempted disposal shall be treated as such a disposal made to him.

(2) For the purposes of section 13(2) (requirement of consent to disposal of house in National Park, &c.) consent to such a grant shall be treated as consent to a disposal made in pursuance of the option.

Modifications etc. (not altering text)

C18 S. 14 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch.paras. 1, 11

C19 S. 14 applied (with modifications) (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 179, 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

15 Relevant and exempted disposals. E+W

(1) In sections 11 to 14 the expression “relevant disposal which is not an exempted disposal” shall be construed as follows.

(2) A disposal, whether of the whole or part of the house, is a relevant disposal if it is—

(a) a conveyance of the freehold or an assignment of the lease, or

(b) the grant of a lease or sub-lease (other than a mortgage term) for a term of more than 21 years otherwise than at a rack-rent.

(3) For the purposes of subsection (2)(b) it shall be assumed—

(a) that any option to renew or extend a lease or sub-lease, whether or not forming part of a series of options, is exercised, and

(b) that any option to terminate a lease or sub-lease is not exercised.

(4) A disposal is an exempted disposal if—

(a) it is a disposal of the whole of the house and a conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is a qualifying person (as defined in subsection (5));

(b) it is a vesting of the whole of the house in a person taking under a will or on an intestacy;

(c) it is a disposal of the whole of the house in pursuance of any such order as is mentioned in subsection (6);

(d) it is a compulsory disposal (as defined in subsection (7));

(e) the property disposed of is a yard, garden, outhouses or appurtenances belonging to a house or usually enjoyed with it.

(5) For the purposes of subsection (4)(a) a person is a qualifying person in relation to a disposal if—

(a) he is the person or one of the persons by whom the disposal is made,

(b) he is the spouse or a former spouse [F52 , or the civil partner or a former civil partner, ] of that person or one of those persons, or

(c) he is a member of the family of that person or one of those persons and has resided with him throughout the period of twelve months ending with the disposal.

(6) The orders referred to in subsection (4)(c) are orders under—

(a) section 24 or 24A of the M7 Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings);

(b) section 2 of the M8 Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate);

(c) section 17 of the M9 Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.); F53 ...

(d) paragraph 1 of Schedule 1 to the M10 Children Act 1989 (orders for financial relief against parents).[F54 ; or

(e) Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).]

(7) For the purposes of subsection (4)(d) a compulsory disposal is a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or for whom another person has made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired.

Textual Amendments

F52 Words in s. 15(5)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 50(2); S.I. 2005/3175, art. 2(1), Sch. 1

F53 Word in s. 15(6)(c) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3175, art. 2(6)

F54 S. 15(6)(e) and word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 50(3); S.I. 2005/3175, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C20 S. 15 extended (16.9.1996) by S.I. 1996/2402, art. 3,Sch. paras. 1, 11

C21 S. 15 applied (with modifications) (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 179, 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

Marginal Citations

M7 1973 c. 18.

M8 1975 c. 63.

M9 1984 c. 42.

M10 1989 c. 41.

[F55 15A Treatment of deferred resale agreements for purposes of section 11 E+W

(1) If a purchaser or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 11 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.

(2) In subsection (1) “the appropriate time” means—

(a) the time when the agreement is entered into, or

(b) if it was made before the beginning of the discount repayment period, immediately after the beginning of that period.

(3) An agreement is within this subsection if it is an agreement between the purchaser or his successor in title and any other person—

(a) which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, by virtue of section 8,

(b) which is made before the end of the discount repayment period, and

(c) under which a relevant disposal which is not an exempted disposal is or may be required to be made to any person after the end of that period.

(4) Such an agreement is within subsection (3)—

(a) whether or not the date on which the relevant disposal is to take place is specified in the agreement, and

(b) whether or not any requirement to make that disposal is or may be made subject to the fulfilment of any condition.

(5) The [F56 Welsh Ministers] may by order provide—

(a) for subsection (1) to apply to agreements of any description specified in the order in addition to those within subsection (3);

(b) for subsection (1) not to apply to agreements of any description so specified to which it would otherwise apply.

(6) An order under subsection (5)—

(a) may make different provision with respect to different cases or descriptions of case; and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of [F57 the National Assembly for Wales] .

(7) In this section—

• “agreement” includes arrangement;

• “the discount repayment period” means the period of three or five years that applies for the purposes of section 11(2) (depending on whether an offer such as is mentioned in section 199(3) of the Housing Act 2004 was made before or on or after the coming into force of that section).]

Textual Amendments

F55 S. 15A inserted (18.11.2004 for specified purposes, 18.1.2005 in so far as not already in force) by Housing Act 2004 (c. 34), ss. 201(1), 270(2)(b), (3)(a) (with s. 201(2))

F56 Words in s. 15A(5) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F57 Words in s. 15A(6)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 63, 325(1); S.I. 2010/862, art. 2 (with Sch.)

Right of tenant to acquire dwelling E+W

16 Right of tenant to acquire dwelling. E+W

[F58 (1) The tenant of a dwelling in Wales has a right to acquire the dwelling if—

(a) the landlord is a registered social landlord or a registered provider of social housing,

(b) the tenancy is—

(i) an assured tenancy, other than an assured shorthold tenancy or a long tenancy, or

(ii) a secure tenancy,

(c) the dwelling was provided with public money and has remained in the social rented sector, and

(d) the tenant satisfies any further qualifying conditions applicable under Part V of the Housing Act 1985 (the right to buy) as it applies in relation to the right conferred by this section.]

(2) For this purpose a dwelling shall be regarded as provided with public money if—

(a) it was provided or acquired wholly or in part by means of a grant under section 18 (social housing grant),

(b) it was provided or acquired wholly or in part by applying or appropriating sums standing in the disposal proceeds fund of a registered social landlord (see section 25), or

(c) it was acquired by a registered social landlord [F59 or a [F60 private registered provider] of social housing] after the commencement of this paragraph on a disposal by a public sector landlord at a time when it was capable of being let as a separate dwelling.

(3) A dwelling shall be regarded for the purposes of this section as having remained within the social rented sector if, since it was so provided or acquired—

(a) the person holding the freehold interest in the dwelling has been either a [F61 , a [F60 private registered provider] of social housing] or a public sector landlord; and

(b) any person holding an interest as lessee (otherwise than as mortgagee) in the dwelling has been—

(i) an individual holding otherwise than under a long tenancy; or

(ii) a [F62 , a [F60 private registered provider] of social housing ] or a public sector landlord.

[F63 (3A) In subsection (3)(a) the reference to the freehold interest in the dwelling includes a reference to such an interest in the dwelling as is held by the landlord under a lease granted in pursuance of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 (mandatory leaseback to former freeholder on collective enfranchisement).]

(4) A dwelling shall be regarded for the purposes of this section as provided by means of a grant under section 18 (social housing grant) if, and only if, [F17 the Welsh Ministers] when making the grant notified the recipient that the dwelling was to be so regarded.

The [F64 Relevant Authority] shall before making the grant inform the applicant that it proposes to give such a notice and allow him an opportunity to withdraw his application within a specified time.

F65 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F58 S. 16(1) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(1)(a), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F59 Words in s. 16(2)(c) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(1)(b), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F60 Words in s. 16 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 23(2)

F61 Words in s. 16(3)(a) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(1)(c), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F62 Words in s. 16(3)(b)(ii) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(1)(c), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F63 S. 16(3A) inserted (18.1.2005) by Housing Act 2004 (c. 34), ss. 202(2), 270(3)(a) (with s. 202(3))

F64 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

F65 S. 16(5)-(7) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 84, Sch. 4 (with art. 6, Sch. 3)

Modifications etc. (not altering text)

C22 S. 16 restricted (1.4.1997) by Housing Act 1985 c. 68, Pt. V (see s. 122(4)) as modified by S.I. 1997/619, art. 2(1)(2), Sch. 1 para. 4, Sch. 2

S. 16 applied (10.5.1999) by S.I. 1999/1135, art. 2, Sch.

C23 S. 16: transfer of functions (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2

C24 S. 16 modified (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. 5 (with art. 6)

C25 S. 16(2)(c) restricted (5.3.1997) by S.I. 1997/618, art. 2, Sch. para. 1

[F66 16A Extension of section 16 to dwellings funded by grants under section 27A E+W

(1) Section 16 applies in relation to a dwelling [F67 in Wales] (“a funded dwelling”) provided or acquired wholly or in part by means of a grant under section 27A (grants to bodies other than registered social landlords) with the following modifications.

(2) In section 16(1) the reference to a registered social landlord includes a reference to any person to whom a grant has been paid under section 27A.

(3) In section 16(2) and (4) any reference to section 18 includes a reference to section 27A.

(4) For the purposes of section 16 a funded dwelling is to be regarded as having remained within the social rented sector in relation to any relevant time if, since it was acquired or provided as mentioned in subsection (1) above, it was used—

(a) by the recipient of the grant mentioned in that subsection, or

(b) if section 27B applies in relation to the grant, by each person to whom the grant was, or is treated as having been, paid,

exclusively for the purposes for which the grant was made or any other purposes agreed to by [F17 the Welsh Ministers].

(5) In subsection (4) “relevant time” means a time when the dwelling would not be treated as being within the social rented sector by virtue of section 16(3).]

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F66 S. 16A inserted (17.2.2005 for E.) by Housing Act 2004 (c. 34), ss. 221, 270(4), (5)(c); S.I. 2005/326, art. 2(b)

F67 Words in s. 16A(1) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(2), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C26 S. 16A modified (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. 5 (with art. 6)

C27 S. 16A: transfer of functions (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2

17 Right of tenant to acquire dwelling: supplementary provisions. E+W

(1) The [F68 Welsh Ministers] may by order—

(a) specify the amount or rate of discount to be given on the exercise of the right conferred by section 16; and

(b) designate rural areas in relation to dwellings in which the right conferred by that section does not arise.

(2) The provisions of Part V of the Housing Act 1985 apply in relation to the right to acquire under section 16—

(a) subject to any order under subsection (1) above, and

(b) subject to such other exceptions, adaptations and other modifications as may be specified by regulations made by the [F69 Welsh Ministers] .

(3) The regulations may provide—

(a) that the powers of the Secretary of State under sections 164 to 170 of that Act (powers to intervene, give directions or assist) do not apply,

(b) that paragraphs 1 and 3 (exceptions for charities and certain housing associations), and paragraph 11 (right of appeal to Secretary of State), of Schedule 5 to that Act do not apply,

(c) that the provisions of Part V of that Act relating to the right to acquire on rent to mortgage terms do not apply,

(d) that the provisions of that Part relating to restrictions on disposals in National Parks, &c. do not apply, and

(e) that the provisions of that Part relating to the preserved right to buy do not apply.

Nothing in this subsection affects the generality of the power conferred by subsection (2).

(4) The specified exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of Part V of that Act as they apply in relation to the right to buy under that Part; and the first regulations, and any subsequent consolidating regulations, shall set out the provisions of Part V as they so apply.

(5) An order or regulations under this section—

(a) may make different provision for different cases or classes of case including different areas, and

(b) may contain such incidental, supplementary and transitional provisions as the [F70 Welsh Ministers] considers appropriate.

(6) Before making an order which would have the effect that an area ceased to be designated under subsection (1)(b), the [F71 Welsh Ministers] shall consult—

(a) the local housing authority or authorities in whose district the area or any part of it is situated or, if the order is general in its effect, local housing authorities in general, and

(b) such bodies appearing to [F72 them] to be representative of registered social landlords as [F73 they] [F74 consider] appropriate.

(7) An order or regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either [F75 the National Assembly for Wales] .

Textual Amendments

F68 Words in s. 17(1) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F69 Words in s. 17(2)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F70 Words in s. 17(5)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F71 Words in s. 17(6) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F72 Word in s. 17(6) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(d), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F73 Word in s. 17(6) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(c), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F74 Word in s. 17(6) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(e), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F75 Words in s. 17(7) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 63, 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C28 S. 17 applied (with modifications) (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 184(1), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

Chapter III U.K. Grants and other financial matters

Grants and other financial assistance E+W

18 Social housing grants. E+W

(1) The [F76 Relevant Authority] may make grants to registered social landlords in respect of expenditure incurred or to be incurred by them in connection with their housing activities.

(2) The [F76 Relevant Authority]F77 ... shall specify in relation to grants under this section—

(a) the procedure to be followed in relation to applications for grant,

(b) the circumstances in which grant is or is not to be payable,

(c) the method for calculating, and any limitations on, the amount of grant, and

(d) the manner in which, and time or times at which, grant is to be paid.

(3) In making a grant under this section, [F17 the Welsh Ministers] may provide that the grant is conditional on compliance by the landlord with such conditions as [F17 the Welsh Ministers] may specify.

(4) The [F76 Relevant Authority] may, with the agreement of a local housing authority, appoint the authority to act as its agent in connection with the assessment and payment of grant under this section.

[F78 (5) The appointment—

(a) if made by the Housing Corporation, shall be on such terms as the Housing Corporation may, with the approval of the Secretary of State given with the consent of the Treasury, specify, and

(b) [F79 An appointment made by] the [F80 Welsh Ministers] [F81 under this section] , shall be on such terms as the [F80 Welsh Ministers] may [F82 specify;

and the authority shall act in accordance with those terms.]]

(6) Where—

(a) a grant under this section is payable to 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, another registered social landlord, or trustees for another such 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 (7), were payable to the other landlord.

(7) The proportion mentioned in subsection (6) is that which, in the circumstances of the particular case—

(a) [F17 the Welsh Ministers], acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or

(b) [F17 the Welsh Ministers] may determine to be appropriate.

F83 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F76 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F77 Words in s. 18(2) repealed (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 8, Sch. 16

F78 S. 18(5) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 85(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F79 Words in s. 18(5)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 85(2)(a) (with art. 6, Sch. 3)

F80 Words in s. 18(5)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F81 Words in s. 18(5)(b) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 85(2)(b) (with art. 6, Sch. 3)

F82 Words in s. 18(5)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 85(2)(c) (with art. 6, Sch. 3)

F83 S. 18(8) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 85(3), Sch. 4 (with art. 6, Sch. 3)

Modifications etc. (not altering text)

C29 S. 18: transfer of functions (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2

C30 S. 18 modified (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. 5 (with art. 6)

C31 S. 18(2)(7) extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Commencement Information

I5 S. 18 wholly in force 1.4.1997: s. 18 not in force at Royal Assent, see s. 232(1)-(3); s. 18(2)(7) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4 and s. 18 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

19 Land subject to housing management agreement. E+W

A registered social landlord is not entitled to a grant under section 18 (social housing grant) in respect of land comprised in a management agreement within the meaning of the M11 Housing Act 1985 (see sections 27(2) and 27B(4) of that Act: delegation of housing management functions by certain authorities).

Marginal Citations

M11 1985 c. 68.

20 Purchase grant where right to acquire exercised. E+W

(1) The [F84 Relevant Authority] shall make grants to registered social landlords [F85 and [F86 private registered providers] of social housing] in respect of discounts given by them to persons exercising the right to acquire conferred by section 16.

(2) The amount of the grant for any year shall be the aggregate value of the discounts given in that year.

(3) The [F84 Relevant Authority]F87 ... shall specify in relation to grants under this section—

(a) the procedure to be followed in relation to applications for grant,

(b) the manner in which, and time or times at which, grant is to be paid.

(4) In making a grant [F17 the Welsh Ministers] may provide that the grant is conditional on compliance by the registered social landlord [F88 or [F89 private registered provider] of social housing] with such conditions as [F17 the Welsh Ministers] may specify.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F84 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F85 Words in s. 20(1) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(3)(a), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F86 Words in s. 20(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 23(3)(a)

F87 Words in s. 20(3) repealed (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 9, Sch. 16

F88 Words in s. 20(4) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 23(3)(b)

F89 Words in s. 20(4) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(3)(b), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C32 S. 20 modified (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. 5 (with art. 6)

C33 S. 20: transfer of functions (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2

C34 S. 20(3) extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Commencement Information

I6 S. 20 wholly in force 1.4.1997: s. 20 not in force at Royal Assent, see s. 232(1)-(3); s. 20(3) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4 and s. 20 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

21 Purchase grant in respect of other disposals. E+W

(1) The [F90 Relevant Authority] may make grants to registered social landlords [F91 and [F92 private registered providers] of social housing ] in respect of discounts on disposals by them of dwellings [F93 in Wales] to tenants otherwise than in pursuance of the right conferred by section 16.

(2) The [F90 Relevant Authority] shall make such a grant if the tenant was entitled to exercise the right conferred by section 16 [F94 or by section 180 of the Housing and Regeneration Act 2008] in relation to another dwelling of the [F95 landlord or provider (as the case may be)] .

The amount of the grant in such a case shall not exceed the amount of the discount to which the tenant would have been entitled in respect of the other dwelling.

(3) The [F90 Relevant Authority]F96 ... shall specify in relation to grants under this section—

(a) the procedure to be followed in relation to applications for grant;

(b) the circumstances in which grant is or is not to be payable;

(c) the method for calculating, and any limitations on, the amount of grant; and

(d) the manner in which, and time or times at which, grant is to be paid.

(4) In making a grant under this section, [F17 the Welsh Ministers] may provide that the grant is conditional on compliance by the registered social landlord [F97 or [F98 private registered provider] of social housing] with such conditions as [F17 the Welsh Ministers] may specify.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F90 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F91 Words in s. 21(1) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(4)(a)(i), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F92 Words in s. 21(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 23(4)(a)

F93 Words in s. 21(1) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(4)(a)(ii), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F94 Words in s. 21(2) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(4)(b)(i), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F95 Words in s. 21(2) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(4)(b)(ii), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F96 Words in s. 21(3) repealed (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 10, Sch. 16

F97 Words in s. 21(4) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(4)(c), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F98 Words in s. 21(4) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 23(4)(b)

Modifications etc. (not altering text)

C35 S. 21: transfer of functions (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2

C36 S. 21 modified (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. 5 (with art. 6)

C37 S. 21(3) extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Commencement Information

I7 S. 21 wholly in force 1.4.1997: s. 21 not in force at Royal Assent, see s. 232(1)-(3); s. 21(3) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4 and s. 21 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

22 Assistance from local authorities. E+W

(1) A local authority may promote—

(a) the formation of bodies to act as registered social landlords, and

(b) the extension of the objects or activities of registered social landlords.

(2) A local authority may for the assistance of any registered social landlord subscribe for share or loan capital of the landlord.

(3) A local authority may for the assistance of a registered social landlord—

(a) make grants or loans to the landlord, or

(b) guarantee or join in guaranteeing the payment of the principal of, and interest on, money borrowed by the landlord (including money borrowed by the issue of loan capital) or of interest on share capital issued by the landlord.

(4) A local housing authority may sell or supply under a hire-purchase agreement furniture to the occupants of houses provided by a registered social landlord, and may buy furniture for that purpose.

In this subsection “hire-purchase agreement” means a hire-purchase agreement or conditional sale agreement within the meaning of the M12 Consumer Credit Act 1974.

Modifications etc. (not altering text)

C38 S. 22 extended (16.9.1996) by S.I. 1996/2402, art. 3,Sch. para. 1

Marginal Citations

M12 1974 c. 39.

23 Loans by Public Works Loans Commissioners. E+W

(1) The Public Works Loans Commissioners may lend money to a registered social landlord—

(a) for the purpose of constructing or improving, or facilitating or encouraging the construction or improvement, of dwellings,

(b) for the purchase of dwellings which the landlord desires to purchase with a view to their improvement, and

(c) for the purchase and development of land.

(2) A loan for any of those purposes, and interest on the loan, shall be secured by a mortgage of—

(a) the land in respect of which that purpose is to be carried out, and

(b) such other lands (if any) as may be offered as security for the loan;

and the money lent shall not exceed three-quarters (or, if the payment of the principal of, and interest on, the loan is guaranteed by a local authority, nine-tenths) of the value, to be ascertained to the satisfaction of the Public Works Commissioners, of the estate or interest in the land proposed to be so mortgaged.

(3) Loans may be made by instalments as the building of dwellings or other work on the land mortgaged under subsection (2) progresses (so, however, that the total amount lent does not at any time exceed the amount specified in that subsection); and a mortgage may accordingly be made to secure such loans to be so made.

(4) If the loan exceeds two-thirds of the value referred to in subsection (2), and is not guaranteed as to principal and interest by a local authority, the Public Works Loans Commissioners shall require, in addition to such a mortgage as is mentioned in that subsection, such further security as they think fit.

(5) Subject to subsection (6), the period for repayment of a loan under this section shall not exceed 40 years, and no money shall be lent on mortgage of any land unless the estate proposed to be mortgaged is either an estate in fee simple absolute in possession or an estate for a term of years absolute of which not less than 50 years are unexpired at the date of the loan.

(6) Where a loan under this section is made for the purpose of carrying out a scheme for the provision of houses approved by the [F99 Welsh Ministers] , the maximum period for the repayment of the loan is 50 instead of 40 years, and money may be lent on the mortgage of an estate for a term of years absolute of which a period of not less than ten years in excess of the period fixed for the repayment of the sums advanced remains unexpired at the date of the loan.

Textual Amendments

F99 Words in s. 23(6) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C39 S. 23 extended (16.9.1996) by S.I. 1996/2402, art. 3,Sch. para. 1

Treatment of disposal proceeds E+W

24 The disposal proceeds fund. E+W

(1) A registered social landlord shall show separately in its accounts for any period ending after the coming into force of this section its net disposal proceeds.

(2) The net disposal proceeds of a registered social landlord are—

(a) the net proceeds of sale received by it in respect of any disposal of land to a tenant—

(i) in pursuance of the right conferred by section 16 [F100 above or section 180 of the Housing and Regeneration Act 2008] (right of tenant to acquire dwelling), or

(ii) in respect of which a grant was made under section 21 (purchase grant in respect of other disposals);[F101 or

(iii) in respect of which a grant was made under section 19 of the Housing and Regeneration Act 2008 in respect of discounts given by it on the disposal to the tenant;]

(b) payments of grant received by it under section 20 or 21 (purchase grant);

[F102 (ba) payments of grant received by it under section 19 of the Housing and Regeneration Act 2008 in respect of discounts given by it on disposals of dwellings to tenants;]

(c) where any [F103 grant as mentioned in paragraph (b) or (ba)] has been paid to it, any repayments of discount in respect of which the grant was given; and

(d) such other proceeds of sale or payments of grant (if any) as [F17 the Welsh Ministers] may from time to time determine.

(3) The net proceeds of sale means the proceeds of sale less an amount calculated in accordance with a determination by [F17 the Welsh Ministers].

(4) The disposal proceeds shall be shown in a fund to be known as a disposal proceeds fund.

(5) The method of constituting the fund and showing it in the landlord’s accounts shall be as required by determination of [F17 the Welsh Ministers] under paragraph 16 of Schedule 1 (general requirements as to accounts).

(6) Interest shall be added to the fund in accordance with a determination made by [F17 the Welsh Ministers].

(7) Where this section applies in relation to the proceeds of sale arising on a disposal, section 27 below (recovery, &c. of social housing grants) and section 52 of the M13 Housing Act 1988 (recovery, &c. of grants under that Act and earlier enactments) do not apply.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F100 Words in s. 24(2)(a)(i) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 86 (with art. 6, Sch. 3)

F101 S. 24(2)(a)(iii) and word inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 1 para. 7(a) (with art. 6, Sch. 3)

F102 S. 24(2)(ba) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 1 para. 7(b) (with art. 6, Sch. 3)

F103 Words in s. 24(2)(c) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 1 para. 7(c) (with art. 6, Sch. 3)

Commencement Information

I8 S. 24 wholly in force 1.4.1997; s. 24 not in force at Royal Assent see s. 232(3); s.24 in force for certain purposes at 1.8.1996 by S.I. 1996/2048, art. 3 and s. 24 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

Marginal Citations

M13 1988 c. 50.

25 Application or appropriation of disposal proceeds. E+W

(1) The sums standing in the disposal proceeds account of a registered social landlord (“disposal proceeds”) may only be applied or appropriated by it for such purposes and in such manner as [F17 the Welsh Ministers] may determine.

(2) If any disposal proceeds are not applied or appropriated as mentioned in subsection (1) within such time as is specified by determination of [F17 the Welsh Ministers], [F17 the Welsh Ministers] may direct that the whole or part of them shall be paid to it.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C40 S. 25 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Commencement Information

I9 S. 25 wholly in force 1.4.1997: s. 25 not in force at Royal Assent, see s. 232(1)-(3); s. 25 in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4 and s. 25 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

26 Disposal proceeds: power to require information. E+W

(1) The [F104 Relevant Authority] may give notice—

(a) to all registered social landlords,

(b) to registered social landlords of a particular description, or

(c) to particular registered social landlords,

requiring them to furnish it with such information as it may reasonably require in connection with the exercise of its functions under sections 24 and 25 (treatment of disposal proceeds).

(2) A notice under subsection (1)(a) or (b) may be given by publication in such manner as [F17 the Welsh Ministers] considers appropriate for bringing it to the attention of the landlords concerned.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F104 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Recovery, &c. of social housing grants E+W

27 Recovery, &c. of social housing grants. E+W

(1) Where a registered social landlord has received a grant under section 18 (social housing grant), the following powers are exercisable in such events as [F17 the Welsh Ministers] may from time to time determine.

(2) The [F105 Relevant Authority] may, acting in accordance with such principles as it has determined—

(a) reduce any grant payable by it, or suspend or cancel any instalment of any such grant, or

(b) direct the registered social landlord to apply or appropriate for such purposes as [F17 the Welsh Ministers] may specify, or to pay to [F17 the Welsh Ministers], such amount as [F17 the Welsh Ministers] may specify.

(3) A direction by [F17 the Welsh Ministers] under subsection (2)(b) may require the application, appropriation or payment of an amount with interest.

(4) Any such direction shall specify—

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

(b) the date from which interest is payable, and

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

The date from which interest is payable must not be earlier than the date of the event giving rise to the exercise of [F17 the Welsh Ministers] powers under this section.

(5) In subsection (4)(c)—

(a) provision for suspended interest means provision to the effect that if the principal 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) provision for reduced interest means provision to the effect that if the principal 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.

(6) Where—

(a) a registered social landlord has received a payment in respect of a grant under section 18, 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 social landlord,

this section (including this subsection) shall have effect in relation to periods after that time as if the grant, or such proportion of it as may be determined by [F17 the Welsh Ministers] to be appropriate, had been made to that other registered social landlord.

(7) The matters specified in a direction under subsection (4)(a) to (c), and the proportion mentioned in subsection (6), shall be—

(a) such as [F17 the Welsh Ministers], acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or

(b) such as [F17 the Welsh Ministers] may determine to be appropriate in the particular case.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F105 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C41 S. 27 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

C42 S. 27: transfer of functions (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2

C43 S. 27 modified (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. 5 (with art. 6)

C44 S. 27 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.)

Commencement Information

I10 S. 27 wholly in force 1.4.1997: s. 27 not in force at Royal Assent, see s. 232(1)-(3); s. 27 in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4 and s. 27 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

[F106 Grants to bodies other than registered social landlords U.K.

Textual Amendments

F106 Ss. 27A, 27B and cross-heading inserted (18.11.2004 for specified purposes, 17.2.2005 for E. in so far as not already in force) by Housing Act 2004 (c. 34), ss. 220, 270(2)(b); S.I. 2005/326, art. 2(a)

27A Grants to bodies other than registered social landlords U.K.

(1) [F17 The Welsh Ministers] may make grants under this section to persons other than registered social landlords.

(2) Grants under this section are grants for any of the following purposes—

(a) acquiring, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of—

(i) under equity percentage arrangements, or

(ii) on shared ownership terms;

(b) constructing houses to be disposed of—

(i) under equity percentage arrangements, or

(ii) on shared ownership terms;

(c) providing loans to be secured by mortgages to assist persons to acquire houses for their own occupation;

(d) providing, constructing or improving houses to be kept available for letting;

(e) providing, constructing or improving houses for letting that are to be managed by such registered social landlords, and under arrangements containing such terms, as are approved by [F17 the Welsh Ministers];

(f) such other purposes as may be specified in an order under subsection (3).

(3) The [F107 Welsh Ministers] may by order make such provision in connection with the making of grants under this section as [F108 they] [F109 consider] appropriate.

(4) An order under subsection (3) may, in particular, make provision—

(a) defining “equity percentage arrangements” for the purposes of this section;

(b) specifying or describing the bodies from whom loans may be obtained by persons wishing to acquire houses for their own occupation;

(c) dealing with the priority of mortgages entered into by such persons;

(d) specifying purposes additional to those mentioned in subsection (2)(a) to (e).

F110 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) [F17 The Welsh Ministers] shall specify in relation to grants under this section—

(a) the procedure to be followed in relation to applications for grant,

(b) the circumstances in which grant is or is not to be payable,

(c) the method for calculating, and any limitations on, the amount of grant, and

(d) the manner in which, and the time or times at which, grant is to be paid.

F111 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In making a grant to a person under this section [F17 the Welsh Ministers] may provide that the grant is conditional on compliance by the person with such conditions as [F17 the Welsh Ministers] may specify.

(9) The conditions that may be so specified include conditions requiring the payment to [F17 the Welsh Ministers] in specified circumstances of a sum determined by [F17 the Welsh Ministers] (with or without interest).

(10) An order under subsection (3) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of [F112 the National Assembly for Wales] .

(11) In this section—

• “disposed of on shared ownership terms” has the meaning given by section 2(6);

• “letting” includes the grant of a licence to occupy.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F107 Words in s. 27A(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F108 Word in s. 27A(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(c), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F109 Word in s. 27A(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(e), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F110 S. 27A(5) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 87, Sch. 4 (with art. 6, Sch. 3)

F111 S. 27A(7) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 87, Sch. 4 (with art. 6, Sch. 3)

F112 Words in s. 27A(10) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 63, 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C45 S. 27A modified (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. 5 (with art. 6)

C46 S. 27A: transfer of functions (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2

27B Transfer of property funded by grants under section 27A U.K.

(1) Where—

(a) any grant is paid or payable to any person under section 27A, 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, another person who is not a registered social landlord,

this Part shall have effect, in relation to times falling after that time, as if the grant, or such proportion of it as is determined or specified under subsection (4), had been paid or (as the case may be) were payable to that other person under section 27A.

(2) Where—

(a) any amount is paid or payable to any person by way of grant under section 27A, 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, a registered social landlord,

this Part shall have effect, in relation to times falling after that time, as if the grant, or such proportion of it as is determined or specified under subsection (4), had been paid or (as the case may be) were payable to that other person under section 18.

(3) In such a case, the relevant section 18 conditions accordingly apply to that grant or proportion of it, in relation to times falling after that time, in place of those specified under section 27A(8).

• “The relevant section 18 conditions” means such conditions specified under section 18(3) as would have applied at the time of the making of the grant if it had been made under section 18 to a registered social landlord.

(4) The proportion mentioned in subsection (1) or (2) is that which, in the circumstances of the particular case—

(a) [F17 the Welsh Ministers], acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or

(b) [F17 the Welsh Ministers] may determine to be appropriate.]

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C47 S. 27B modified (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. 5 (with art. 6)

C48 S. 27B: transfer of functions (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2

Grants, &c. under earlier enactments E+W+S

28 Grants under [F113 Part 2] of the Housing Act 1988. E+W

F114 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F115 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Section 52 of that Act (recovery, &c. of grants) is amended as follows—

(a) in subsection (2)(c), for “to pay to it” substitute “ to apply or appropriate for such purposes as [F17 the Welsh Ministers] may specify, or to pay to the [F116 Relevant Authority], ”;

(b) in the closing words of subsection (2), for the words from “requiring” to “interest on that amount” substitute “ may require the application, appropriation or payment of an amount with interest ”;

(c) in subsection (7), for the words from “requiring” to “to [F17 the Welsh Ministers]” substitute “ requiring the application, appropriation or payment of an amount with interest ”;

(d) in subsection (8)(a), for the words from “the amount” to “is paid” substitute “ the principal amount is applied, appropriated or paid ”;

(e) in subsection (8)(b), for “that amount is so paid” substitute “ the principal amount is so applied, appropriated or paid ”.

(4) In section 53 of that Act (determinations by [F116 Relevant Authority]), for subsection (2) (requirement of approval of Secretary of State and, in the case of a general determination, consent of the Treasury) substitute—

“(2) The [F116 Relevant Authority] shall not make a general determination under the foregoing provisions of this Part except with the approval of the Secretary of State.”.

(5) In section 55(1) of that Act (surplus rental income: cases in which section applies), omit paragraph (a).

F117 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F113 Words in s. 28 heading substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 65(3); S.I. 2010/862, art. 2 (with Sch.)

F114 S. 28(1) repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 65(2), Sch. 16; S.I. 2010/862, arts. 2, 3 (with Sch.)

F115 S. 28(2) repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 65(2), Sch. 16; S.I. 2010/862, arts. 2, 3 (with Sch.)

F116 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F117 S. 28(6) repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 65(2), Sch. 16; S.I. 2010/862, arts. 2, 3 (with Sch.)

Modifications etc. (not altering text)

C49 S. 28(3) extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Commencement Information

I11 S. 28 wholly in force 1.4.1997; s. 28 not in force at Royal Assent see s. 232(1)-(3); s.28(4) in force at 1.8.1996 by S.I. 1996/2048, art. 2; s. 28(3) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 5 and s. 28 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

29 Commutation of payments of special residual subsidy. E+W

(1) The [F118 Welsh Ministers] may, after consultation with a housing association, determine to commute any payments of special residual subsidy payable to the association under paragraph 2 of Part I of Schedule 5 to the M14 Housing Associations Act 1985 for the financial year 1998-99 and subsequent years.

(2) Where the [F119 Welsh Ministers make] such a determination the payments of special residual subsidy payable to a housing association shall be commuted into a single sum calculated in such manner, and payable on such date, as the [F120 Welsh Ministers] may consider appropriate.

(3) If after a commuted payment has been made to a housing association it appears to the [F121 Welsh Ministers] that the payment was smaller or greater than it should have been, the [F121 Welsh Ministers] may make a further payment to the association or require the association to repay to [F122 them] such sum as [F123 they] may direct.

F124 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118 Words in s. 29(1) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F119 Words in s. 29(2) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(b), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F120 Words in s. 29(2) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F121 Words in s. 29(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F122 Word in s. 29(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(d), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F123 Word in s. 29(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(c), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F124 S. 29(4) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 88, Sch. 4 (with art. 6, Sch. 3)

Modifications etc. (not altering text)

C50 S. 29 modified (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. 5 (with art. 6)

Commencement Information

I12 S. 29 wholly in force 1.4.1997; s. 29 not in force at Royal Assent see s. 232(3); s. 29 in force for certain purposes at 1.8.1996 by S.I. 1996/2048, art. 3 and s. 29 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2

Marginal Citations

M14 1985 c. 69.

Chapter IV E+W General powers of the [F125 Relevant Authority]

Textual Amendments

F125 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Information E+W

30 General power to obtain information. E+W

(1) The [F126 Relevant Authority] may for any purpose connected with the discharge of any of its functions in relation to registered social landlords serve a notice on a person requiring him—

(a) to give to [F17 the Welsh Ministers], at a time and place and in the form and manner specified in the notice, such information relating to the affairs of a registered social landlord as may be specified or described in the notice, or

(b) to produce to [F17 the Welsh Ministers] or a person authorised by [F17 the Welsh Ministers], at a time and place specified in the notice, any documents relating to the affairs of the registered social landlord which are specified or described in the notice and are in his custody or under his control.

(2) A notice under this section may be served on—

(a) a registered social landlord,

(b) any person who is, or has been, an officer, member, employee or agent of a registered social landlord,

(c) a subsidiary or associate of a registered social landlord,

(d) any person who is, or has been, an officer, member, employee or agent of a subsidiary or associate of a registered social landlord, or

(e) any other person whom [F17 the Welsh Ministers] has reason to believe is or may be in possession of relevant information.

In this section “agent” includes banker, solicitor and auditor.

(3) No notice shall be served on a person within paragraphs (b) to (e) of subsection (2) unless—

(a) a notice has been served on the registered social landlord and has not been complied with, or

(b) [F17 the Welsh Ministers] believes that the information or documents in question are not in the possession of the landlord.

(4) Nothing in this section authorises [F17 the Welsh Ministers] to require—

(a) the disclosure of anything which a person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court, or

(b) the disclosure by a banker of anything in breach of any duty of confidentiality owed by him to a person other than a registered social landlord or a subsidiary or associate of a registered social landlord.

[F127 (5) A notice under this section—

F128 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) if given by the [F129 Welsh Ministers] , shall be given in writing.]

(6) References in this section to a document are to anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form, references to producing it are to producing it in legible form.

(7) Where by virtue of this section documents are produced to any person, he may take copies of or make extracts from them.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F126 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F127 S. 30(5) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.86 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F128 S. 30(5)(a) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 89, Sch. 4 (with art. 6, Sch. 3)

F129 Words in s. 30(5)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C51 S. 30 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

C52 S. 30(2) applied (with modifications) (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), art. 1(2), Sch. 2

C53 S. 30(5) modified (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. 5 (with art. 6)

31 Enforcement of notice to provide information, &c. E+W

(1) A person who without reasonable excuse fails to do anything required of him by a notice under section 30 commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) A person who intentionally alters, suppresses or destroys a document which he has been required by a notice under section 30 to produce commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum,

[F130 (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.]

(3) Proceedings for an offence under subsection (1) or (2) may be brought only by or with the consent of [F17 the Welsh Ministers] or the Director of Public Prosecutions.

(4) If a person makes default in complying with a notice under section 30, the High Court may, on the application of [F17 the Welsh Ministers], make such order as the court thinks fit for requiring the default to be made good.

Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a body who are responsible for its default.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F130 S. 31(2)(b) substituted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 12(1) (with Sch. 11 para. 12(2))

Modifications etc. (not altering text)

C54 S. 31 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

32 Disclosure of information to [F17 the Welsh Ministers]. E+W

(1) A body or person to whom this section applies may, subject to the following provisions, disclose to [F17 the Welsh Ministers], for the purpose of enabling [F17 the Welsh Ministers] to discharge any of its functions relating to registered social landlords, any information received by that body or person under or for the purposes of any enactment.

(2) This section applies to the following bodies and persons—

(a) any government department (including a Northern Ireland department);

(b) any local authority;

(c) any constable; and

(d) any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

(3) This section has effect subject to any express restriction on disclosure imposed by or under any other enactment.

(4) Nothing in this section shall be construed as affecting any power of disclosure exercisable apart from this section.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C55 S. 32 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

33 Disclosure of information by [F17 the Welsh Ministers]. E+W

(1) The [F131 Relevant Authority] may disclose to a body or person to whom this section applies any information received by it relating to a registered social landlord—

(a) for any purpose connected with the discharge of the functions of [F17 the Welsh Ministers] in relation to such landlords, or

(b) for the purpose of enabling or assisting that body or person to discharge any of its or his functions.

(2) This section applies to the following bodies and persons—

(a) any government department (including a Northern Ireland department);

(b) any local authority;

(c) any constable; and

(d) any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

Paragraph (d) extends to any such body or person in a country or territory outside the United Kingdom.

(3) Where any information disclosed to [F17 the Welsh Ministers] under section 32 is so disclosed subject to any express restriction on the further disclosure of the information, [F17 the Welsh Ministers] power of disclosure under this section is exercisable subject to that restriction.

A person who discloses information in contravention of any such restriction commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) Any information disclosed by [F17 the Welsh Ministers] under this section may be subject by [F17 the Welsh Ministers] to any express restriction on the further disclosure of the information.

(5) A person who discloses information in contravention of any such restriction commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Proceedings for such an offence may be brought only by or with the consent of [F17 the Welsh Ministers] or the Director of Public Prosecutions.

(6) Nothing in this section shall be construed as affecting any power of disclosure exercisable apart from this section.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F131 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C56 S. 33 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Standards of performance E+W

[F132 33A Standards of performance E+W

(1) The Welsh Ministers may set standards to be met by registered social landlords in connection with—

(a) their functions relating to the provision of housing, and

(b) matters relating to their governance and financial management.

(2) In setting standards the Welsh Ministers must have regard to the desirability of registered providers being free to choose how to provide services and conduct business.

(3) This section does not apply in relation to a registered social landlord's provision of housing in England.]

Textual Amendments

F132 S. 33A inserted (18.10.2011 for specified purposes, 2.12.2011 in so far as not already in force) by Housing (Wales) Measure 2011 (nawm 5), ss. 35, 90(2); S.I. 2011/2475, arts. 1(2), 2(a), 3(a)

[F133 33B Guidance on standards of performance E+W

(1) The Welsh Ministers may issue guidance that—

(a) relates to a matter addressed by a standard, and

(b) amplifies the standard.

(2) In considering whether standards have been met the Welsh Ministers may have regard to the guidance.

(3) The Welsh Ministers may revise or withdraw the guidance.

(4) The Welsh Ministers must make arrangements for bringing the guidance to the attention of registered social landlords.]

Textual Amendments

F133 S. 33B inserted (18.10.2011 for specified purposes, 2.12.2011 in so far as not already in force) by Housing (Wales) Measure 2011 (nawm 5), ss. 36, 90(2); S.I. 2011/2475, arts. 1(2), 2(b), 3(b)

[F134 33C Consultation E+W

Before setting standards under section 33A, or issuing, revising or withdrawing guidance under section 33B, the Welsh Ministers must consult -

(a) one or more bodies appearing to them to represent the interests of registered social landlords,

(b) one or more bodies appearing to them to represent the interests of tenants, and

(c) one or more bodies appearing to them to represent the interests of local housing authorities.]

Textual Amendments

F134 S. 33C inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 37, 90(2); S.I. 2011/2475, arts. 1(2), 2(c)

34 Standards of performance [F135 – housing in England] . E+W

The [F136 Relevant Authority] may, after consultation with persons or bodies appearing to it to be representative of registered social landlords, from time to time—

(a) determine such standards of performance in connection with the provision of housing [F137 in England] as, in its opinion, ought to be achieved by such landlords, and

(b) arrange for the publication, in such form and in such manner as it considers appropriate, of the standards so determined.

Textual Amendments

F135 Words in s. 34 heading inserted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 4; S.I. 2011/2475, arts. 1(2), 3(k)

F136 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F137 Words in s. 34(a) inserted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 5; S.I. 2011/2475, arts. 1(2), 3(k)

Modifications etc. (not altering text)

C57 S. 34 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

35 Information as to levels of performance. E+W

[F138 (A1) The Welsh Ministers shall from time to time collect information as to the levels of performance achieved by registered social landlords in connection with—

(a) their functions relating to the provision of housing in Wales, and

(b) matters relating to their governance and financial management.]

(1) The [F139 Relevant Authority] shall from time to time collect information as to the levels of performance achieved by registered social landlords in connection with the provision of housing [F140 in England] .

(2) On or before such date in each year as may be specified in a direction given by [F17 the Welsh Ministers], each registered social landlord shall provide [F17 the Welsh Ministers], as respects each standard determined under [F141 section 33A or 34], with such information as to the level of performance achieved by him as may be so specified.

(3) A registered social landlord who without reasonable excuse fails to do anything required of him by a direction under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Proceedings for such an offence may be brought only by or with the consent of [F17 the Welsh Ministers] or the Director of Public Prosecutions.

(4) The [F139 Relevant Authority] shall at least once in every year arrange for the publication, in such form and in such manner as it considers appropriate, of such of the information collected by or provided to it under this section as appears to it expedient to give to tenants or potential tenants of registered social landlords.

(5) In arranging for the publication of any such information [F17 the Welsh Ministers] shall have regard to the need for excluding, so far as that is practicable—

(a) any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of the [F17 the Welsh Ministers], seriously and prejudicially affect the interests of that individual; and

(b) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of [F17 the Welsh Ministers], seriously and prejudicially affect the interests of that body.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F138 S. 35(A1) inserted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 38(2), 90(2); S.I. 2011/2475, arts. 1(2), 3(c)

F139 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F140 Words in s. 35(1) inserted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 38(3), 90(2); S.I. 2011/2475, arts. 1(2), 3(c)

F141 Words in s. 35(2) substituted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 38(4), 90(2); S.I. 2011/2475, arts. 1(2), 3(c)

Commencement Information

I13 S. 35 wholly in force 1.4.1998: s. 35 not in force at Royal Assent see s. 232(1)-(3); s. 35(1)(2)(3)(5) in force at 1.4.1997 and s. 35(4) in force at 1.4.1998 by S.I. 1997/618, arts. 2, 3

[F142 Complaints about performance E+W

Textual Amendments

F142 S. 35A and cross-heading inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 39, 90(2); S.I. 2011/2475, arts. 1(2), 2(d)

35A Guidance about complaints about performance E+W

(1) The Welsh Ministers may publish guidance about complaints to the Welsh Ministers about the performance of registered social landlords.

(2) The guidance may specify (among other things)—

(a) the procedure to be followed in making a complaint;

(b) the criteria used by the Welsh Ministers in deciding whether to investigate a complaint;

(c) periods within which the Welsh Ministers aim to inform complainants of the result of complaints.

(3) The Welsh Ministers may revise or withdraw the guidance.

(4) This section does not apply in relation to complaints about a registered social landlord's provision of housing in England.]

[F143 35B Consultation E+W

Before publishing, revising or withdrawing guidance under section 35A the Welsh Ministers must consult—

(a) one or more bodies appearing to them to represent the interests of registered social landlords,

(b) one or more bodies appearing to them to represent the interests of tenants,

(c) one or more bodies appearing to them to represent the interests of local housing authorities, and

(d) the Auditor General for Wales.]

Textual Amendments

F143 S. 35B inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 40, 90(2); S.I. 2011/2475, arts. 1(2), 2(e)

Housing management E+W

36 Issue of guidance by [F17 the Welsh Ministers] [F144 – housing in England] . E+W

(1) [F17 The Welsh Ministers] may issue guidance with respect to the management of housing accommodation [F145 in England ] by registered social landlords.

(2) Guidance under [F146 subsection (1) ] may, in particular, be issued with respect to—

(a) the housing demands for which provision should be made and the means of meeting those demands;

(b) the allocation of housing accommodation between individuals;

(c) the terms of tenancies and the principles upon which levels of rent should be determined;

(d) standards of maintenance and repair and the means of achieving those standards;

(e) the services to be provided to tenants;

(f) the procedures to be adopted to deal with complaints by tenants against a landlord;

(g) consultation and communication with tenants;

(h) the devolution to tenants of decisions concerning the management of housing accommodation.

[F147 (i) the policy and procedures a landlord is required under section 218A to prepare and from time to time revise in connection with anti-social behaviour.]

F148 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F149 (3) Before issuing any guidance under this section [F17 the Welsh Ministers] shall consult such bodies appearing to [F17 the Welsh Ministers] to be representative of registered social landlords as [F17 the Welsh Ministers] considers appropriate; and where [F17 the Welsh Ministers] issues guidance under this section it shall be issued in such manner as [F17 the Welsh Ministers] considers appropriate for bringing it to the notice of the landlords concerned.

F150 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5) Guidance issued under this section may be revised or withdrawn; and [F151 subsection (3) applies] in relation to the revision of guidance as in relation to its issue.

(6) Guidance under this section may make different provision in relation to different cases and, in particular, in relation to different areas, different descriptions of housing accommodation and different descriptions of registered social landlord.

(7) In considering whether action needs to be taken to secure the proper management of the affairs of a registered social landlord or whether there has been [F152 misconduct or ] mismanagement, [F17 the Welsh Ministers] may have regard (among other matters) to the extent to which any guidance under this section is being or has been followed.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F144 Words in s. 36 heading inserted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 6; S.I. 2011/2475, arts. 1(2), 3(k)

F145 Words in s. 36(1) inserted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 7(a); S.I. 2011/2475, arts. 1(2), 3(k)

F146 Words in s. 36(2) substituted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 13(2)

F147 S. 36(2)(i) inserted (30.6.2004 for E.) by Anti-social Behaviour Act 2003 (c. 38), ss. 12(2), 93; S.I. 2004/1502, art. 2(a)(i)

F148 S. 36(2A) omitted (2.12.2011) by virtue of Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 7(b); S.I. 2011/2475, arts. 1(2), 3(k)

F149 S. 36(3)(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.87 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F150 S. 36(4) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 90(2), Sch. 4 (with art. 6, Sch. 3)

F151 Words in s. 36(5) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 90(3) (with art. 6, Sch. 3)

F152 Words in s. 36(7) inserted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 13(4)

Modifications etc. (not altering text)

C58 S. 36(4) modified (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. 5 (with art. 6)

Commencement Information

I14 S. 36 wholly in force 1.10.1996; s. 36 not in force at Royal Assent see s. 232(1)-(3); s. 36(1)-(6) in force at 1.8.1996 by S.I. 1996/2048, art. 2 and s. 36(7) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.)

37 Powers of entry. E+W

(1) This section applies where it appears to [F17 the Welsh Ministers] that a registered social landlord may be failing to maintain or repair any premises in accordance with [F153 standards set under section 33A or] guidance issued under section 36.

(2) A person authorised by [F17 the Welsh Ministers] may at any reasonable time, on giving not less than 28 days’ notice of his intention to the landlord concerned, enter any such premises for the purpose of survey and examination.

(3) Where such notice is given to the landlord, the landlord shall give the occupier or occupiers of the premises not less than seven days’ notice of the proposed survey and examination.

[F154 (3A)] A landlord [F155 who fails, without reasonable excuse, to give the required notice in relation to premises in Wales] commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F156 (3B) A landlord who fails to give the required notice in relation to premises in England commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

(4) Proceedings for an offence under subsection [F157 (3A) or (3B)] may be brought only by or with the consent of [F17 the Welsh Ministers] or the Director of Public Prosecutions.

(5) An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.

(6) The [F158 Relevant Authority] shall give a copy of any survey carried out in exercise of the powers conferred by this section to the landlord concerned.

(7) The [F158 Relevant Authority] may require the landlord concerned to pay to it such amount as [F17 the Welsh Ministers] may determine towards the costs of carrying out any survey under this section.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F153 Words in s. 37(1) inserted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 8; S.I. 2011/2475, arts. 1(2), 3(k)

F154 Words in s. 37(3) renumbered as s. 37(3A) (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 42(2)(a), 90(2); S.I. 2011/2475, arts. 1(2), 3(d)

F155 Words in s. 37(3A) substituted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 42(2)(b), 90(2); S.I. 2011/2475, arts. 1(2), 3(d)

F156 S. 37(3B) inserted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 42(2)(c), 90(2); S.I. 2011/2475, arts. 1(2), 3(d)

F157 Word in s. 37(4) substituted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 42(3), 90(2); S.I. 2011/2475, arts. 1(2), 3(d)

F158 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C59 S. 37 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

38 Penalty for obstruction of person exercising power of entry. E+W

(1) It is an offence for a registered social landlord or any of its officers or employees to obstruct a person authorised under section 37 (powers of entry) to enter premises in the performance of anything which he is authorised by that section to do.

(2) A person who commits such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Proceedings for such an offence may be brought only by or with the consent of [F17 the Welsh Ministers] or the Director of Public Prosecutions.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C60 S. 38 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

Insolvency, &c. of registered social landlord E+W

39 Insolvency, &c. of registered social landlord: scheme of provisions. E+W

(1) The following sections make provision—

(a) for notice to be given to [F17 the Welsh Ministers] of any proposal to take certain steps in relation to a registered social landlord (section 40), and for further notice to be given when any such step is taken (section 41),

(b) for a moratorium on the disposal of land, and certain other assets, held by the registered social landlord (sections 42 and 43),

[F159 (ba) for the appointment of an interim manager during a moratorium (section 43A),]

(c) for proposals by [F17 the Welsh Ministers] as to the future ownership and management of the land held by the landlord (section 44), which are binding if agreed (section 45),

(d) for the appointment of a manager to implement agreed proposals (section 46) and as to the powers of such a manager (sections 47 and 48),

(e) for the giving of assistance by [F17 the Welsh Ministers] (section 49), and

(f) for application to the court to secure compliance with the agreed proposals (section 50).

(2) In those sections—

• “disposal” means sale, lease, mortgage, charge or any other disposition, and includes the grant of an option;

• “secured creditor” means a creditor who holds a mortgage or charge (including a floating charge) over land held by the landlord or any existing or future interest of the landlord in rents or other receipts from land; and

• “security” means any mortgage, charge or other security.

(3) The [F160 Welsh Ministers] may make provision by order defining for the purposes of those sections what is meant by a step to enforce security over land.

Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of [F161 the National Assembly for Wales] .

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F159 S. 39(1)(ba) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 9; S.I. 2011/2475, arts. 1(2), 2(v)

F160 Words in s. 39(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F161 Words in s. 39(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 63, 325(1); S.I. 2010/862, art. 2 (with Sch.)

40 Initial notice to be given to [F17 the Welsh Ministers]. E+W

(1) Notice must be given to [F17 the Welsh Ministers] before any of the steps mentioned below is taken in relation to a registered social landlord.

The person by whom the notice must be given is indicated in the second column.

(2) Where the registered social landlord is an industrial and provident society, the steps and the person by whom notice must be given are—

Any step to enforce any security over land held by the landlord.	The person proposing to take the step.
Presenting a petition for the winding up of the landlord.	The petitioner.
Passing a resolution for the winding up of the landlord.	The landlord.

(3) Where the registered social landlord is [F162 a company] (including a registered charity), the steps and the person by whom notice must be given are—

Any step to enforce any security over land held by the landlord.	The person proposing to take the step.
Applying for an administration order.	The applicant.
Presenting a petition for the winding up of the landlord.	The petitioner.
Passing a resolution for the winding up of the landlord.	The landlord.

(4) Where the registered social landlord is a registered charity (other than [F162 a company] ), the steps and the person by whom notice must be given are—

Any step to enforce any security over land held by the landlord.

The person proposing to take the step.

(5) Notice need not be given under this section in relation to a resolution for voluntary winding up where the consent of [F17 the Welsh Ministers] is required (see paragraphs 12(4) and 13(6) of Schedule 1).

(6) Any step purportedly taken without the requisite notice being given under this section is ineffective.

[F163 (7) Subsections (8) and (9) apply in relation to the reference in subsection (3) to applying for an administration order.

(8) In a case where an administrator is appointed under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 (appointment by floating charge holder, company or directors)—

(a) the reference includes a reference to appointing an administrator under that paragraph, and

(b) in respect of an appointment under either of those paragraphs the reference to the applicant shall be taken as a reference to the person making the appointment.

(9) In a case where a copy of a notice of intention to appoint an administrator under either of those paragraphs is filed with the court—

(a) the reference shall be taken to include a reference to the filing of the copy of the notice, and

(b) in respect of the filing of a copy of a notice of intention to appoint under either of those paragraphs the reference to the applicant shall be taken as a reference to the person giving the notice.]

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F162 Words in s. 40(3)(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(2)(b) (with art. 10)

F163 S. 40(7)-(9) added (15.9.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 17 para. 51 (with s. 249(1)-(3)); S.I. 2003/2093, art. 2(1), Sch. 1 (with art. 3)

41 Further notice to be given to [F17 the Welsh Ministers]. E+W

(1) Notice must be given to [F17 the Welsh Ministers] as soon as may be after any of the steps mentioned below is taken in relation to a registered social landlord.

The person by whom the notice must be given is indicated in the second column.

(2) Where the registered social landlord is an industrial and provident society, the steps and the person by whom notice must be given are—

The taking of a step to enforce any security over land held by the landlord.	The person taking the step.
The making of an order for the winding up of the landlord.	The petitioner.
The passing of a resolution for the winding up of the landlord.	The landlord.

(3) Where the registered social landlord is [F164 a company] (including a registered charity), the steps and the person by whom notice must be given are—

The taking of a step to enforce any security over land held by the landlord.	The person taking the step.
The making of an administration order.	The person who applied for the order.
The making of an order for the winding up of the landlord.	The petitioner.
The passing of a resolution for the winding up of the landlord.	The landlord.

(4) Where the registered social landlord is a registered charity (other than [F164 a company] ), the steps and the person by whom notice must be given are—

The taking of a step to enforce any security over land held by the landlord.

The person taking the step.

(5) Failure to give notice under this section does not affect the validity of any step taken; but the period of 28 days mentioned in section 43(1) (period after which moratorium on disposal of land, &c. ends) does not begin to run until any requisite notice has been given under this section.

[F165 (6) In subsection (3)—

(a) the reference to the making of an administration order includes a reference to appointing an administrator under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 (administration), and

(b) in respect of an appointment under either of those paragraphs the reference to the applicant shall be taken as a reference to the person making the appointment.]

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F164 Words in s. 41(3)(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(2)(b) (with art. 10)

F165 S. 41(6) added (15.9.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 17 para. 52 (with s. 249(1)-(3)); S.I. 2003/2093, art. 2(1), Sch. 1 (with art. 3)

42 Moratorium on disposal of land, &c. E+W

(1) Where any of the steps mentioned in section 41 is taken in relation to a registered social landlord, there is a moratorium on the disposal of land held by the landlord.

(2) During the moratorium the consent of [F17 the Welsh Ministers] under this section is required (except as mentioned below) for any disposal of land held by the landlord, whether by the landlord itself or any person having a power of disposal in relation to the land.

Consent under this section may be given in advance and may be given subject to conditions.

(3) Consent is not required under this section for any such disposal as is mentioned in section 10(1), (2) or (3) (lettings and other disposals not requiring consent under section 9).

(4) A disposal made without the consent required by this section is void.

(5) Nothing in this section prevents a liquidator from disclaiming any land held by the landlord as onerous property.

(6) The provisions of this section apply in relation to any existing or future interest of the landlord in rent or other receipts arising from land as they apply to an interest in land.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

43 Period of moratorium. E+W

(1) The moratorium in consequence of the taking of any step as mentioned in section 41—

(a) begins when the step is taken, and

(b) ends at the end of the period of 28 days beginning with the day on which notice of its having been taken was given to [F17 the Welsh Ministers] under that section,

subject to the following provisions.

(2) The taking of any further step as mentioned in section 41 at a time when a moratorium is already in force does not start a further moratorium or affect the duration of the existing one.

(3) A moratorium may be extended from time to time with the consent of all the landlord’s secured creditors.

Notice of any such extension shall be given by [F17 the Welsh Ministers] to—

(a) the landlord, and

(b) any liquidator, administrative receiver, receiver or administrator appointed in respect of the landlord or any land held by it.

(4) If during a moratorium [F17 the Welsh Ministers] considers that the proper management of the landlord’s land can be secured without making proposals under section 44 (proposals as to ownership and management of landlord’s land), [F17 the Welsh Ministers] may direct that the moratorium shall cease to have effect.

Before making any such direction [F17 the Welsh Ministers] shall consult the person who took the step which brought about the moratorium.

(5) When a moratorium comes to an end, or ceases to have effect under subsection (4), [F17 the Welsh Ministers] shall give notice of that fact to the landlord and the landlord’s secured creditors.

(6) When a moratorium comes to an end (but not when it ceases to have effect under subsection (4)), the following provisions of this section apply.

The [F166 Relevant Authority’s] notice shall, in such a case, inform the landlord and the landlord’s secured creditors of the effect of those provisions.

(7) If any further step as mentioned in section 41 is taken within the period of three years after the end of the original period of the moratorium, the moratorium may be renewed with the consent of all the landlord’s secured creditors (which may be given before or after the step is taken).

Notice of any such renewal shall be given by [F17 the Welsh Ministers] to the persons to whom notice of an extension is required to be given under subsection (3).

(8) If a moratorium ends without any proposals being agreed, then, for a period of three years the taking of any further step as mentioned in section 41 does not start a further moratorium except with the consent of the landlord’s secured creditors as mentioned in subsection (7) above.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F166 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

[F167 43A Appointment of interim manager E+W

(1) During a moratorium the Welsh Ministers may appoint an interim manager of the registered social landlord.

(2) An appointment may relate to the registered social landlord's affairs generally or to affairs specified in the appointment.

(3) But an appointment may not relate to affairs relating only to the provision of housing in England.

(4) Appointment is to be on terms and conditions (including as to remuneration and expenses) specified in, or determined in accordance with, the appointment.

(5) An interim manager has—

(a) any power specified in the appointment, and

(b) any other power in relation to the registered social landlord's affairs required by the manager for the purposes specified in the appointment (including the power to enter into agreements and take other action on behalf of the landlord).

(6) But an interim manager may not—

(a) dispose of land, or

(b) grant security over land.

(7) The Welsh Ministers may give the interim manager general or specific directions.

(8) The Welsh Ministers may revoke or amend any directions given.

(9) An appointment under this section comes to an end with the earliest of the following—

(a) the end of the moratorium,

(b) the agreement of proposals made under section 44, or

(c) a date specified in the appointment.

(10) If a person ceases to be an interim manager before the appointment has come to an end, the Welsh Ministers may appoint a new interim manager in place of that person.]

Textual Amendments

F167 S. 43A inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 83, 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

44 Proposals as to ownership and management of landlord’s land. E+W

(1) During the moratorium (see sections 42 and 43) [F17 the Welsh Ministers] may make proposals as to the future ownership and management of the land held by the registered social landlord, designed to secure the continued proper management of the landlord’s land by a registered social landlord.

(2) In drawing up its proposals [F17 the Welsh Ministers]—

(a) shall consult the landlord and, so far as is practicable, its tenants, and

(b) shall have regard to the interests of all the landlord’s creditors, both secured and unsecured.

(3) The [F168 Relevant Authority] shall also consult—

(a) where the landlord is an industrial and provident society, the appropriate registrar, and

(b) where the landlord is a registered charity, the [F169 Charity Commission] .

(4) No proposals shall be made under which—

(a) a preferential debt of the landlord is to be paid otherwise than in priority to debts which are not preferential debts, or

(b) a preferential creditor is to be paid a smaller proportion of his preferential debt than another preferential creditor, except with the concurrence of the creditor concerned.

In this subsection references to preferential debts and preferential creditors have the same meaning as in the M15 Insolvency Act 1986.

(5) So far as practicable no proposals shall be made which have the effect that unsecured creditors of the landlord are in a worse position than they would otherwise be.

(6) Where the landlord is a charity the proposals shall not require the landlord to act outside the terms of its trusts, and any disposal of housing accommodation occupied under a tenancy or licence from the landlord must be to another charity whose objects appear to [F17 the Welsh Ministers] to be, as nearly as practicable, akin to those of the landlord.

(7) The [F168 Relevant Authority] shall serve a copy of its proposals on—

(a) the landlord and its officers,

(b) the secured creditors of the landlord, and

(c) any liquidator, administrator, administrative receiver or receiver appointed in respect of the landlord or its land;

and it shall make such arrangements as it considers appropriate to see that the members, tenants and unsecured creditors of the landlord are informed of the proposals.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F168 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F169 Words in s. 44(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 187; S.I. 2007/309, art. 2, Sch.

Marginal Citations

M15 1986 c. 45.

45 Effect of agreed proposals. E+W

(1) The following provisions apply if proposals made by [F17 the Welsh Ministers] under section 44 are agreed, with or without modifications, by all the secured creditors of the registered social landlord.

(2) Once agreed the proposals are binding on [F17 the Welsh Ministers], the landlord, all the landlord’s creditors (whether secured or unsecured) and any liquidator, administrator, administrative receiver or receiver appointed in respect of the landlord or its land.

(3) It is the duty of—

(a) the members of the committee where the landlord is an industrial and provident society,

(b) the directors where the landlord is [F170 a company (including a company that is a registered charity)] , and

(c) the trustees where the landlord is a charitable trust,

to co-operate in the implementation of the proposals.

This does not mean that they have to do anything contrary to any fiduciary or other duty owed by them.

(4) The [F171 Relevant Authority] shall serve a copy of the agreed proposals on—

(a) the landlord and its officers,

(b) the secured creditors of the landlord, and

(c) any liquidator, administrator, administrative receiver or receiver appointed in respect of the landlord or its land, and

(d) where the landlord is an industrial and provident society or registered charity, the [F172 Financial Services Authority] or the [F173 Charity Commission] , as the case may be;

and it shall make such arrangements as it considers appropriate to see that the members, tenants and unsecured creditors of the landlord are informed of the proposals.

(5) The proposals may subsequently be amended with the consent of the [F171 Relevant Authority] and all the landlord’s secured creditors.

Section 44(2) to (7) and subsections (2) to (4) above apply in relation to the amended proposals as in relation to the original proposals.

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F170 Words in s. 45(3)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(4) (with art. 10)

F171 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

F172 Words in s. 45(4)(d) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 354

F173 Words in s. 45(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 188; S.I. 2007/309, art. 2, Sch.

46 Appointment of manager to implement agreed proposals. E+W

(1) Where proposals agreed as mentioned in section 45 so provide, [F17 the Welsh Ministers] may by order F174 . . . appoint a manager to implement the proposals or such of them as are specified in the order.

(2) If the landlord is a registered charity, [F17 the Welsh Ministers] shall give notice to the [F175 Charity Commission] of the appointment.

(3) Where proposals make provision for the appointment of a manager, they shall also provide for the payment of his reasonable remuneration and expenses.

(4) The [F176 Relevant Authority] may give the manager directions in relation to the carrying out of his functions.

[F177 (4A) The Welsh Ministers may amend or revoke any directions given by them.]

(5) The manager may apply to the High Court for directions in relation to any particular matter arising in connection with the carrying out of his functions.

A direction of the court supersedes any direction of [F17 the Welsh Ministers] in respect of the same matter.

(6) If a vacancy occurs by death, resignation or otherwise in the office of manager, [F17 the Welsh Ministers] may by further order F174 . . . fill the vacancy.

[F178 (7) An order under this section—

(a) if made by the Housing Corporation, shall be made under its seal, and

(b) [F179 An order made by] the [F180 Welsh Ministers] , [F181 under this section] shall be made in writing.]

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F174 Words in s. 46(1)(6) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 88(2), Sch. 18 Pt.VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F175 Words in s. 46(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 189; S.I. 2007/309, art. 2, Sch.

F176 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F177 S. 46(4A) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 10; S.I. 2011/2475, arts. 1(2), 2(v)

F178 S. 46(7) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 88(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F179 Words in s. 46(7)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 91(a) (with art. 6, Sch. 3)

F180 Words in s. 46(7)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F181 Words in s. 46(7)(b) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 91(b) (with art. 6, Sch. 3)

Modifications etc. (not altering text)

C61 S. 46(7) modified (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. 5 (with art. 6)

47 Powers of the manager. E+W

(1) An order under section 46(1) shall confer on the manager power generally to do all such things as are necessary for carrying out his functions.

(2) The order may include the following specific powers—

1. Power to take possession of the land held by the landlord and for that purpose to take any legal proceedings which seem to him expedient.

2. Power to sell or otherwise dispose of the land by public auction or private contract.

3. Power to raise or borrow money and for that purpose to grant security over the land.

4. Power to appoint a solicitor or accountant or other professionally qualified person to assist him in the performance of his functions.

5. Power to bring or defend legal proceedings relating to the land in the name and on behalf of the landlord.

6. Power to refer to arbitration any question affecting the land.

7. Power to effect and maintain insurance in respect of the land.

8. Power where the landlord is a body corporate to use the seal of the body corporate for purposes relating to the land.

9. Power to do all acts and to execute in the name and on behalf of the landlord any deed, receipt or other document relating to the land.

10. Power to appoint an agent to do anything which he is unable to do for himself or which can more conveniently be done by an agent, and power to employ and dismiss any employees.

11. Power to do all such things (including the carrying out of works) as may be necessary in connection with the management or transfer of the land.

12. Power to make any payment which is necessary or incidental to the performance of his functions.

13. Power to carry on the business of the landlord so far as relating to the management or transfer of the land.

14. Power to grant or accept a surrender of a lease or tenancy of any of the land, and to take a lease or tenancy of any property required or convenient for the landlord’s housing activities.

15. Power to make any arrangement or compromise on behalf of the landlord in relation to the management or transfer of the land.

16. Power to do all other things incidental to the exercise of any of the above powers.

(3) In carrying out his functions the manager acts as the landlord’s agent and he is not personally liable on a contract which he enters into as manager.

(4) A person dealing with the manager in good faith and for value is not concerned to inquire whether the manager is acting within his powers.

(5) The manager shall, so far as practicable, consult the landlord’s tenants about any exercise of his powers which is likely to affect them and inform them about any such exercise of his powers.

Modifications etc. (not altering text)

C62 S. 47(2) applied (with modifications) (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), art. 1(2), Sch. 2

48 Powers of the manager: transfer of engagements. E+W+S

(1) An order under section 46(1) may, where the landlord is an industrial and provident society, give the manager power to make and execute on behalf of the society an instrument transferring the engagements of the society.

(2) Any such instrument has the same effect as a transfer of engagements under section 51 or 52 of the M16 Industrial and Provident Societies Act 1965 (transfer of engagements by special resolution to another society or a company).

In particular, its effect is subject to section 54 of that Act (saving for rights of creditors).

(3) A copy of the instrument, signed by the manager, shall be sent to the [F182 Financial Services Authority and registered by it]; and until that copy is so registered the instrument shall not take effect.

(4) It is the duty of the manager to send a copy for registration within 14 days from the day on which the instrument is executed; but this does not invalidate registration after that time.

Textual Amendments

F182 Words in s. 48(3) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 355

Marginal Citations

M16 1965 c. 12.

49 Assistance by [F17 the Welsh Ministers]. E+W

(1) The [F183 Relevant Authority] may give such assistance as it thinks fit—

(a) to the landlord, for the purpose of preserving the position pending the making of and agreement to proposals;

(b) to the landlord or a manager appointed under section 46, for the purpose of carrying out any agreed proposals.

(2) The [F183 Relevant Authority] may, in particular—

(a) lend staff;

(b) pay or secure payment of the manager’s reasonable remuneration and expenses;

(c) give such financial assistance as appears to [F17 the Welsh Ministers] to be appropriate.

F184 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F183 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F184 S. 49(3) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 92, Sch. 4 (with art. 6, Sch. 3)

Modifications etc. (not altering text)

C63 S. 49(3) modified (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. 5 (with art. 6)

50 Application to court to secure compliance with agreed proposals. E+W

(1) The landlord or any creditor of the landlord may apply to the High Court on the ground that an action of the manager appointed under section 46 is not in accordance with the agreed proposals.

On such an application the court may confirm, reverse or modify any act or decision of the manager, give him directions or make such other order as it thinks fit.

(2) The [F185 Relevant Authority] or any other person bound by agreed proposals may apply to the High Court on the ground that any action, or proposed action, by another person bound by the proposals is not in accordance with those proposals.

On such an application the court may—

(a) declare any such action to be ineffective, and

(b) grant such relief by way of injunction, damages or otherwise as appears to the court appropriate.

Textual Amendments

F185 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

[F186 CHAPTER 4A E+W ENFORCEMENT POWERS

Textual Amendments

F186 Pt. I Ch. 4A and s. 50A and cross-heading inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 50, 90(2); S.I. 2011/2475, arts. 1(2), 2(h)

General E+W

50A Application of Chapter 4A E+W

This Chapter does not apply in relation to a registered social landlord's provision of housing in England.]

[F187 50B Exercise of enforcement powers E+W

(1) This section applies where the Welsh Ministers are deciding—

(a) whether to exercise an enforcement power,

(b) which enforcement power to exercise, or

(c) how to exercise an enforcement power.

(2) The Welsh Ministers must consider—

(a) the desirability of registered social landlords being free to choose how to provide services and conduct business;

(b) whether the failure or other problem concerned is serious or trivial;

(c) whether the failure or other problem is a recurrent or isolated incident;

(d) the speed with which the failure or other problem needs to be addressed.

(3) In subsection (1), an “enforcement power” means a power exercisable under any of the following provisions—

• this Chapter,

• paragraphs 4, 6 to 8, 14 to 15B, 15D, 15F and 15H of Part 2 of Schedule 1,

• paragraphs 20 to 27 of Part 4 of Schedule 1.]

Textual Amendments

F187 S. 50B inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 51, 90(2); S.I. 2011/2475, arts. 1(2), 2(h)

[F188 Enforcement notice E+W

Textual Amendments

F188 S. 50C and cross-heading inserted (18.10.2011 for specified purposes, 2.12.2011 in so far as not already in force) by Housing (Wales) Measure 2011 (nawm 5), ss. 52, 90(2); S.I. 2011/2475, arts. 1(2), 2(i), 3(e)

50C Grounds for giving notice E+W

(1) The Welsh Ministers may give an enforcement notice to a registered social landlord if they are satisfied that—

(a) any of the following cases applies, and

(b) giving an enforcement notice is appropriate (whether it is likely to be sufficient in itself or a prelude to further action).

(2) Case 1 is where the registered social landlord has failed to meet a standard applicable to it under section 33A.

(3) Case 2 is where there has been misconduct or mismanagement in the affairs of the registered social landlord.

(4) Case 3 is where the registered social landlord has failed to comply with an earlier enforcement notice.

(5) Case 4 is where the registered social landlord has failed to publish information in accordance with a requirement under section 50I(3) or 50Q(3).

(6) Case 5 is where the interests of tenants of the registered social landlord require protection.

(7) Case 6 is where the registered social landlord's assets require protection.

(8) Case 7 is where the registered social landlord has given an undertaking under section 6A and failed to comply with it.

(9) Case 8 is where an offence under this Part has been committed by the registered social landlord.

(10) Case 9 is where the registered social landlord has failed to implement a recommendation made by the Public Services Ombudsman for Wales in a report prepared under section 16 of the Public Services Ombudsman (Wales) Act 2005.

(11) Where the Welsh Ministers are satisfied that an offence under this Part has been committed in respect of a registered social landlord but by another person (such as a member, employee or agent of the registered social landlord)—

(a) Case 8 applies,

(b) the Welsh Ministers may give an enforcement notice to the other person, and

(c) this Chapter applies with the substitution of references to that other person for references to the registered social landlord.]

[F189 50D Content E+W

(1) An enforcement notice must—

(a) specify the grounds on which it is given,

(b) specify the action the Welsh Ministers want the registered social landlord to take in response to the notice,

(c) specify when the action is to be taken (which may be immediately on receipt of the notice), and

(d) explain the effect of sections 50E to 50G.

(2) The action specified in an enforcement notice may include publishing the notice in a specified manner.]

Textual Amendments

F189 S. 50D inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 53, 90(2); S.I. 2011/2475, arts. 1(2), 2(j)

[F190 50E Appeal E+W

A registered social landlord who is given an enforcement notice may appeal to the High Court.]

Textual Amendments

F190 S. 50E inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 54, 90(2); S.I. 2011/2475, arts. 1(2), 2(j)

[F191 50F Withdrawal E+W

The Welsh Ministers may withdraw an enforcement notice by notice to the registered social landlord.]

Textual Amendments

F191 S. 50F inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 55, 90(2); S.I. 2011/2475, arts. 1(2), 2(j)

[F192 50G Sanction E+W

(1) In the case of an enforcement notice given to a person other than the registered social landlord by virtue of section 50C(11), the Welsh Ministers may only—

(a) exercise the power to issue a penalty notice to the person in accordance with the next group of sections, or

(b) take steps to have the person prosecuted for the offence by reference to which the enforcement notice was given.

(2) A person to whom an enforcement notice is given on the ground in Case 8 of section 50C may not be prosecuted for the offence by reference to which the enforcement notice was given unless the person fails to comply with the enforcement notice.]

Textual Amendments

F192 S. 50G inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 56, 90(2); S.I. 2011/2475, arts. 1(2), 2(j)

[F193 Penalty E+W

Textual Amendments

F193 S. 50H and cross-heading inserted (18.10.2011 for specified purposes, 2.12.2011 in so far as not already in force) by Housing (Wales) Measure 2011 (nawm 5), ss. 57, 90(2); S.I. 2011/2475, arts. 1(2), 2(k), 3(f)

50H Grounds for imposition E+W

(1) The Welsh Ministers may require a registered social landlord to pay a penalty if they are satisfied that—

(a) any of the following cases applies, and

(b) the imposition of a penalty is appropriate (whether or not as part of a response including other action).

(2) Case 1 is where the registered social landlord has failed to meet a standard under section 33A.

(3) Case 2 is where there has been misconduct or mismanagement in the affairs of the registered social landlord.

(4) Case 3 is where the registered social landlord has failed to comply with an enforcement notice.

(5) Case 4 is where the registered social landlord has given an undertaking under section 6A and failed to comply with it.

(6) Case 5 is where an offence under this Part has been committed by the registered social landlord.

(7) Where the Welsh Ministers are satisfied that an offence under this Part has been committed in respect of a registered social landlord but by another person (such as a member, employee or agent of the registered social landlord)—

(a) Case 5 applies,

(b) the Welsh Ministers may require the other person to pay a penalty, and

(c) this Chapter applies with the substitution of references to that other person for references to the registered social landlord.

(8) In order to rely on Case 5 the Welsh Ministers must be satisfied beyond reasonable doubt that it applies.]

[F194 50I Imposition E+W

(1) A penalty is imposed by the Welsh Ministers giving notice (a “penalty notice”) to the registered social landlord.

(2) The notice must specify—

(a) the grounds on which the penalty is imposed,

(b) the amount of the penalty,

(c) how the penalty must be paid,

(d) a period within which it must be paid, and

(e) any interest or additional penalty which, by virtue of section 50M, is payable in the event of late payment.

(3) The notice may require the registered social landlord to publish information about the penalty in a specified manner.

(4) The notice must explain the effect of sections 50M(1), (3) and (5) and 50N.]

Textual Amendments

F194 S. 50I inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 58, 90(2); S.I. 2011/2475, arts. 1(2), 2(l)

[F195 50J Amount E+W

(1) The amount of a penalty imposed on the ground specified in Case 5 of section 50H may not exceed the maximum amount of fine that a magistrates' court could impose for the relevant offence.

(2) The amount of a penalty imposed on the ground specified in any other Case of that section may not exceed £5,000.

(3) The Welsh Ministers may by order amend the amount specified in subsection (2).

(4) An order under subsection (3) is to be made by statutory instrument and must not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.]

Textual Amendments

F195 S. 50J inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 59, 90(2); S.I. 2011/2475, arts. 1(2), 2(l)

[F196 50K Warning E+W

(1) Before giving a penalty notice to a registered social landlord the Welsh Ministers must give the landlord a notice (a “pre-penalty warning”)—

(a) specifying grounds on which the Welsh Ministers think a penalty could be imposed,

(b) warning the landlord that the Welsh Ministers are considering imposing a penalty,

(c) including any indication that the Welsh Ministers are able to give of the likely amount of any penalty, and

(d) explaining the effect of sections 50L, 50M(1), (3) and (5) and 50N.

(2) The Welsh Ministers must send a copy of a pre-penalty warning to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the pre-penalty warning is given).

(3) A pre-penalty warning must—

(a) refer to section 6A, and

(b) indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, a penalty.

(4) A pre-penalty warning may be combined with notice under one or more of the following—

(a) section 50S,

(b) paragraphs 15C, 15E and 15G of Schedule 1.]

Textual Amendments

F196 S. 50K inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 60, 90(2); S.I. 2011/2475, arts. 1(2), 2(l)

[F197 50L Representations E+W

(1) A pre-penalty warning must specify a period during which the registered social landlord may make representations to the Welsh Ministers.

(2) The period must—

(a) be a period of at least 28 days, and

(b) begin with the date on which the registered social landlord receives the pre-penalty warning.

(3) Representations may address—

(a) whether a penalty should be imposed;

(b) the amount of any penalty that may be imposed.

(4) After the end of the period specified under subsection (1) the Welsh Ministers must—

(a) consider any representations made, and

(b) decide whether to impose a penalty.]

Textual Amendments

F197 S. 50L inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 61, 90(2); S.I. 2011/2475, arts. 1(2), 2(l)

[F198 50M Enforcement E+W

(1) A penalty is to be treated as a debt owed to the Welsh Ministers.

(2) The Welsh Ministers may—

(a) charge interest on a penalty not paid during the period specified under section 50I(2)(d);

(b) impose one or more additional penalties where a penalty is not paid during that period.

(3) Interest and additional penalty are to be treated as penalty (and may have the effect of increasing the penalty above a limit set by section 50J).

(4) A penalty notice may include provision allowing a discount if the penalty is paid on or before a date specified in the notice (falling within the period specified under section 50I(2)(d)).

(5) A person to whom a penalty notice is given on the ground in Case 5 of section 50H may not be prosecuted for the offence by reference to which the penalty notice was given.]

Textual Amendments

F198 S. 50M inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 62, 90(2); S.I. 2011/2475, arts. 1(2), 2(l)

[F199 50N Appeal E+W

A registered social landlord who is given a penalty notice may appeal to the High Court against—

(a) the imposition of the penalty,

(b) its amount, or

(c) both.]

Textual Amendments

F199 S. 50N inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 63, 90(2); S.I. 2011/2475, arts. 1(2), 2(l)

[F200 Compensation E+W

Textual Amendments

F200 S. 50O and cross-heading inserted (18.10.2011 for specified purposes, 2.12.2011 in so far as not already in force) by Housing (Wales) Measure 2011 (nawm 5), ss. 64, 90(2); S.I. 2011/2475, arts. 1(2), 2(m), 3(g)

50O Grounds for award E+W

(1) The Welsh Ministers may require a registered social landlord to pay compensation if they are satisfied that—

(a) either of the following cases applies, and

(b) the award of compensation is appropriate (whether or not as part of a response including other action).

(2) Case 1 is where the registered social landlord has failed to meet a standard under section 33A.

(3) Case 2 is where the registered social landlord has given an undertaking under section 6A and failed to comply with it.]

[F201 50P Persons to whom compensation may be awarded E+W

Compensation in respect of a failure may be awarded to one or more persons who have suffered as a result of the failure.]

Textual Amendments

F201 S. 50P inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 65, 90(2); S.I. 2011/2475, arts. 1(2), 2(n)

[F202 50Q Award E+W

(1) Compensation is awarded by the Welsh Ministers giving notice (a “compensation notice”) to—

(a) the registered social landlord, and

(b) the person to be compensated.

(2) The notice must specify—

(a) the grounds on which the compensation is awarded,

(b) the amount of the compensation,

(c) the person to be compensated,

(d) a period within which it must be paid, and

(e) any interest or additional compensation which, by virtue of section 50U(2), is payable in the event of late payment.

(3) The notice may require the registered social landlord to publish information about the compensation award in a specified manner.

(4) The notice must explain the effect of sections 50U(1) and (3) and 50V.]

Textual Amendments

F202 S. 50Q inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 66, 90(2); S.I. 2011/2475, arts. 1(2), 2(n)

[F203 50R Impact E+W

(1) This section applies when the Welsh Ministers are considering—

(a) whether to award compensation, or

(b) the amount of compensation to award.

(2) The Welsh Ministers must take account of any information available to them about the financial situation of the registered social landlord.

(3) The Welsh Ministers must consider the likely impact of the compensation on the registered social landlord's ability to provide services.

(4) In particular, the Welsh Minsters must aim to avoid—

(a) jeopardising the financial viability of the registered social landlord,

(b) preventing the registered social landlord from honouring financial commitments, or

(c) preventing the registered social landlord from taking action to remedy the matters on the grounds of which the compensation might be awarded.]

Textual Amendments

F203 S. 50R inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 67, 90(2); S.I. 2011/2475, arts. 1(2), 2(n)

[F204 50S Warning E+W

(1) Before giving a compensation notice to a registered social landlord the Welsh Ministers must give the landlord a notice (a “pre-compensation warning”)—

(a) specifying grounds on which the Welsh Ministers think compensation could be awarded,

(b) warning the landlord that the Welsh Ministers are considering awarding compensation to a specified person,

(c) including any indication that the Welsh Ministers are able to give of the likely amount of any compensation, and

(d) explaining the effect of sections 50T, 50U(1) and (3) and 50V.

(2) Before giving a pre-compensation warning the Welsh Ministers must consult the Public Services Ombudsman for Wales.

(3) The Welsh Ministers must send a copy of a pre-compensation warning to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the pre-compensation warning is given).

(4) A pre-compensation warning must—

(a) refer to section 6A, and

(b) indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, awarding compensation.

(5) A pre-compensation warning may be combined with notice under one or more of the following—

(a) section 50K,

(b) paragraphs 15C, 15E and 15G of Schedule 1.]

Textual Amendments

F204 S. 50S inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 68, 90(2); S.I. 2011/2475, arts. 1(2), 2(n)

[F205 50T Representations E+W

(1) A pre-compensation warning must specify a period during which the registered social landlord may make representations to the Welsh Ministers.

(2) The period must—

(a) be a period of at least 28 days, and

(b) begin with the date on which the registered social landlord receives the pre-compensation warning.

(3) Representations may address—

(a) whether compensation should be awarded;

(b) the amount of any compensation that may be awarded.

(4) After the end of the period specified under subsection (1) the Welsh Ministers must—

(a) consider any representations made, and

(b) decide whether to award compensation.]

Textual Amendments

F205 S. 50T inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 69, 90(2); S.I. 2011/2475, arts. 1(2), 2(n)

[F206 50U Enforcement E+W

(1) Compensation is to be treated as a debt owed to the person to whom it is awarded.

(2) The Welsh Ministers may —

(a) award interest on compensation not paid during the period specified under section 50Q(2)(d);

(b) award additional compensation where compensation is not paid during that period.

(3) Interest and additional compensation are to be treated as compensation.]

Textual Amendments

F206 S. 50U inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 70, 90(2); S.I. 2011/2475, arts. 1(2), 2(n)

[F207 50V Appeal E+W

A registered social landlord who is given a compensation notice may appeal to the High Court against—

(a) the award of compensation,

(b) its amount, or

(c) both.]

Textual Amendments

F207 S. 50V inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 71, 90(2); S.I. 2011/2475, arts. 1(2), 2(n)

Chapter V U.K. Miscellaneous and general provisions

Housing complaints E+W

51 Schemes for investigation of complaints. E+W

(1) The provisions of Schedule 2 have effect for the purpose of enabling tenants and other individuals to have complaints against social landlords investigated by a housing ombudsman in accordance with a scheme approved by the Secretary of State.

(2) For the purposes of that Schedule a “social landlord” means—

[F208 (a) a [F209 private registered provider] of social housing,]

(b) a transferee of housing pursuant to [F210 —

(i) a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act; or

(ii) a qualifying disposal that was made] under section 135 of the M17 Leasehold Reform, Housing and Urban Development Act 1993;

(c) a body which has acquired dwellings under Part IV of the M18 Housing Act 1988 (change of landlord: secure tenants); or

(d) any other body which was at any time registered with [F211 the Regulator of Social Housing or] the [F212 Housing Corporation, or with Housing for Wales,] and which owns or manages publicly-funded dwellings.

(3) In subsection (2)(d) a “publicly-funded dwelling” means a dwelling which was—

(a) provided by means of a grant under—

• [F213 section 19 of the Housing and Regeneration Act 2008 (financial assistance) where the grant was made on condition that the recipient provides social housing (and “provides social housing” has the same meaning as in Part 1 of that Act),]

• section 18 of this Act (social housing grant), or

• section 50 of the Housing Act 1988, section 41 of the M19 Housing Associations Act 1985, or section 29 or 29A of the M20 Housing Act 1974 (housing association grant); or

(b) acquired on a disposal by a public sector landlord.

(4) The Secretary of State may by order add to or amend the descriptions of landlords who are to be treated as social landlords for the purposes of Schedule 2.

(5) Before making any such order the Secretary of State shall consult such persons as he considers appropriate.

(6) Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F214 (7) This section shall not apply in relation to social landlords in Wales (within the meaning given by [F215 section 41 of the Public Services Ombudsman (Wales) Act 2005 ] ).]

[F216 (7) Section 52 shall apply to an order under subsection (4) (with any necessary modifications).]

Textual Amendments

F208 S. 51(2)(a) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 124(2)(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F209 Word in s. 51(2)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 23(5)

F210 Words in s. 51(2)(b) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 14 para. 4(2); S.I. 2008/3068, art. 4(1)(c) (with arts. 6-13)

F211 Words in s. 51(2)(d) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 124(2)(b), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F212 Words in s. 51(2)(d) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 90(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F213 Words in s. 51(3)(a) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 1 para. 8 (with art. 6, Sch. 3)

F214 S. 51(7) inserted (14.7.2005) by Housing Act 2004 (c. 34), ss. 228(1), 270(7); S.I. 2005/1814, arts. 1(2), 2(c)

F215 Words in s. 51(7) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 57; S.I. 2005/2800, art. 5(1)(3)

F216 S. 51(7) added (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 124(2)(c), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C64 S. 51(2)(d) modified (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. 5 (with art. 6)

Commencement Information

I15 S. 51 wholly in force 1.4.1997; s. 51 not in force at Royal Assent see s. 232(3); s.51 in force for certain purposes at 1.8.1996 by S.I. 1996/2048, art. 2; s. 51(1) in force so far as not already in force and 51(2)-(6) in force at 1.4.1997 by S.I. 1997/618, art. 2 (subject to the limitation in (2) of that art.)

Marginal Citations

M17 1993 c. 28.

M18 1988 c. 50.

M19 1985 c. 69.

M20 1974 c. 44.

F217 51A Social Housing Ombudsman for Wales E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F217 Ss. 51A-51C repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 58, Sch. 7; S.I. 2005/2800, art. 5(1)(3) (with Sch. 2)

F217 51B Investigation of complaints E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F217 Ss. 51A-51C repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 58, Sch. 7; S.I. 2005/2800, art. 5(1)(3) (with Sch. 2)

F217 51C Meaning of “social landlord in Wales” E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F217 Ss. 51A-51C repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 58, Sch. 7; S.I. 2005/2800, art. 5(1)(3) (with Sch. 2)

Orders and determinations E+W

52 General provisions as to orders. E+W

(1) The following provisions apply to any power of the [F218 Welsh Ministers] under [F219 section 2, 17, [F220 27A, ] 39, [F221 50J,] 51 or 55 or Schedule 2] to make an order.

(2) An order may make different provision for different cases or descriptions of case.

This includes power to make different provision for different bodies or descriptions of body, different provision for different housing activities and different provision for different areas.

(3) An order may contain such supplementary, incidental, consequential or transitional provisions and savings as the [F218 Welsh Ministers] [F222 consider] appropriate.

Textual Amendments

F218 Words in s. 52(1)(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.); S.I. 2010/862, art. 2 (with Sch.)

F219 Words in s. 52(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.91 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F220 Word in s. 52(1) inserted (6.4.2006 for E.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 41; S.I. 2006/1060, art. 2(1)(d) (with Sch.)

F221 Word in s. 52(1) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 11; S.I. 2011/2475, arts. 1(2), 2(v)

F222 Word in s. 52(1)(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(e), 325(1); S.I. 2010/862, art. 2 (with Sch.); S.I. 2010/862, art. 2 (with Sch.)

53 General provisions as to determinations. E+W

(1) The following provisions apply to determinations of F223 ... the [F224 Welsh Ministers] this Part.

(2) A determination may make different provision for different cases or descriptions of case.

This includes power to make—

(a) different provision for different registered social landlords or descriptions of registered social landlord, and

(b) different provision for different housing activities and different provision for different areas;

and for the purposes of paragraph (b) descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.

(3) In this Part a general determination means a determination which does not relate solely to a particular case.

(4) Before making a general determination, F225 ... the [F226 Welsh Ministers] shall consult such bodies appearing to them to be representative of registered social landlords as they consider appropriate.

(5) After making a general determination, F227 ... the [F226 Welsh Ministers] shall publish the determination in such manner as they consider appropriate for bringing the determination to the notice of the landlords concerned.

Textual Amendments

F223 Words in s. 53(1) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 93, Sch. 4 (with art. 6, Sch. 3)

F224 Words in s. 53(1) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F225 Words in s. 53(4) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 93, Sch. 4 (with art. 6, Sch. 3)

F226 Words in s. 53(4)(5) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.); S.I. 2010/862, art. 2 (with Sch.)

F227 Words in s. 53(5) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 93, Sch. 4 (with art. 6, Sch. 3)

Modifications etc. (not altering text)

C65 S. 53: transfer of functions (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2

C66 S. 53 modified (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. 5 (with art. 6)

F228 54 Determinations of the [Housing Corporation] requiring approval. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F228 S. 54 repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 94, Sch. 4 (with art. 6, Sch. 3)

Modifications etc. (not altering text)

C67 S. 54: transfer of functions (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2

C68 S. 54 modified (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. 5 (with art. 6)

Minor and consequential amendments U.K.

55 Minor and consequential amendments: Part I. U.K.

(1) The enactments mentioned in Schedule 3 have effect with the minor amendments specified there.

(2) The [F229 Welsh Ministers] may by order make such amendments or repeals of any enactment as appear to [F230 them] necessary or expedient in consequence of the provisions of this Part.

(3) Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of [F231 the National Assembly for Wales] .

Textual Amendments

F229 Words in s. 55(2) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F230 Word in s. 55(2) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(d), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F231 Words in s. 55(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 63, 325(1); S.I. 2010/862, art. 2 (with Sch.)

Commencement Information

I16 S. 55 wholly in force 1.4.1997; s. 55 not in force at Royal Assent see s. 232(3); s. 55(1) in force for certain purposes and s. 55(2)(3) wholly in force at 1.8.1996 by S.I. 1996/2048, artS. 2, 4; s. 55(1) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 3 (subject to the transitional provisions and savings in Sch. para. 1) and in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2 (subject to the limitation in (2) of that art.)

Interpretation E+W

F232 56 Meaning of “[F17 the Welsh Ministers]”. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F232 S. 56 repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(8), 325(1), Sch. 16; S.I. 2010/862, arts. 2, 3 (with Sch.)

Modifications etc. (not altering text)

C69 S. 56 modified (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. 5 (with art. 6, Sch. para. 5(9))

57 Definitions relating to industrial and provident societies. E+W

(1) In this Part, in relation to an industrial and provident society—

• F233 . . .

• “committee” means the committee of management or other directing body of the society; and

• “co-opted member”, in relation to the committee, includes any person co-opted to serve on the committee, whether he is a member of the society or not.

(2) Any reference in this Part to a member of the committee of an industrial and provident society includes a co-opted member.

Textual Amendments

F233 Definition of “appropriate registrar” in s. 57(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 356(1)

58 Definitions relating to charities. E+W

[F234 (1) In this Part—

(a) “trusts”, in relation to a charity, has the same meaning as in the Charities Act 2011 and “trustee” means a charitable trustee within the meaning of that Act, and

(b) “registered charity” means a charity which is registered in accordance with section 30 of that Act.]

[F235 (1A) For the purposes of this Part a registered charity has received public assistance if at least one of the following conditions is satisfied—

(a) the charity has received financial assistance under section 24 of the Local Government Act 1988 (assistance for privately let housing accommodation);

(b) the charity has received financial assistance under section 19 of the Housing and Regeneration Act 2008 (financial assistance);

(c) the charity has had housing transferred to it pursuant to—

(i) a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act, or

(ii) a qualifying disposal that was made under section 135 of the Leasehold Reform, Housing and Urban Development Act 1993;

(d) the charity has received a grant or loan under—

(i) section 18 (social housing grants),

(ii) section 22 (assistance from local authorities),

(iii) section 58 of the Housing Associations Act 1985 (grants or loans by local authorities),

(iv) section 50 of the Housing Act 1980, section 41 of the Housing Associations Act 1985 or any enactment replaced by that section (housing association grant),

(v) section 51 of the Housing Act 1988 or sections 54 or 55 of the Housing Associations Act 1985 (revenue deficit grant or hostel deficit grant),

(vi) section 79 of the Housing Associations Act 1985 (loans by Housing Corporation),

(vii) section 31 of the Housing Act 1974 (management grants), or

(viii) any enactment mentioned in paragraph 2 or 3 of Schedule 1 to the Housing Associations Act 1985 (pre-1974 grants and certain loans).]

(2) References in this Part to [F236 a company] do not include a company which is a registered charity, except where otherwise provided.

Textual Amendments

F234 Words in s. 58(1)(a) substituted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. para. 45; s. 58(1) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 71 (with s. 20(2), Sch. 8)

F235 S. 58(1A) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 86, 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

F236 Words in s. 58(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(2)(c) (with art. 10)

59 Meaning of “officer” of registered social landlord. E+W

(1) References in this Part to an officer of a registered social landlord are—

(a) in the case of a registered charity which is not [F237 a company] , to any trustee, secretary or treasurer of the charity;

(b) in the case of an industrial and provident society, to any officer of the society as defined in section 74 of the M21 Industrial and Provident Societies Act 1965; and

(c) in the case of [F238 a company (including a company that is a registered charity)] , to any director or other officer of the company within the meaning of [F239 the Companies Acts (see sections 250 and 1173(1) of the Companies Act 2006)] .

(2) Any such reference includes, in the case of an industrial and provident society, a co-opted member of the committee of the society.

Textual Amendments

F237 Words in s. 59(1)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(2)(d) (with art. 10)

F238 Words in s. 59(1)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(6)(a) (with art. 10)

F239 Words in s. 59(1)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(6)(b) (with art. 10)

Marginal Citations

M21 1965 c. 12.

60 Meaning of “subsidiary”. E+W

(1) In this Part “subsidiary”, in relation to a registered social landlord, means a company with respect to which one of the following conditions is fulfilled—

(a) the landlord is a member of the company and controls the composition of the board of directors;

(b) the landlord holds more than half in nominal value of the company’s equity share capital; or

(c) the company is a subsidiary, within the meaning of [F240 the Companies Acts (see section 1159 of the Companies Act 2006)] or the M22 Friendly and Industrial and Provident Societies Act 1968, of another company which, by virtue of paragraph (a) or paragraph (b), is itself a subsidiary of the landlord.

(2) For the purposes of subsection (1)(a), the composition of a company’s board of directors shall be deemed to be controlled by a registered social landlord if, but only if, the landlord, by the exercise of some power exercisable by him without the consent or concurrence of any other person, can appoint or remove the holders of all or a majority of the directorships.

(3) In relation to a company which is an industrial and provident society—

(a) any reference in this section to the board of directors is a reference to the committee of management of the society; and

(b) the reference in subsection (2) to the holders of all or a majority of the directorships is a reference—

(i) to all or a majority of the members of the committee, or

(ii) if the landlord is himself a member of the committee, such number as together with him would constitute a majority.

(4) In the case of a registered social landlord which is a body of trustees, references in this section to the landlord are to the trustees acting as such.

Textual Amendments

F240 Words in s. 60(1)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(7) (with art. 10)

Marginal Citations

M22 1968 c. 55.

61 Meaning of “associate”. E+W

(1) In this Part “associate”, in relation to a registered social landlord, means—

(a) any body of which the landlord is a subsidiary, and

(b) any other subsidiary of such a body.

(2) In this section “subsidiary” has the same meaning as in [F241 the Companies Acts (see section 1159 of the Companies Act 2006)] or the M23 Friendly and Industrial and Provident Societies Act 1968 or, in the case of a body which is itself a registered social landlord, has the meaning given by section 60.

Textual Amendments

F241 Words in s. 61(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(7) (with art. 10)

Marginal Citations

M23 1968 c. 55.

62 Members of a person’s family: Part I. E+W

(1) A person is a member of another’s family within the meaning of this Part if—

(a) he is the spouse [F242 or civil partner ] of that person, or he and that person live together as husband and wife [F243 or as if they were civil partners], or

(b) he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2) For the purpose of subsection (1)(b)—

(a) a relationship by marriage [F244 or civil partnership ] shall be treated as a relationship by blood,

(b) a relationship of the half-blood shall be treated as a relationship of the whole blood, and

(c) the stepchild of a person shall be treated as his child.

Textual Amendments

F242 Words in s. 62(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 51(2)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F243 Words in s. 62(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 51(2)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F244 Words in s. 62(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 51(3); S.I. 2005/3175, art. 2(1), Sch. 1

63 Minor definitions: Part I. E+W

(1) In this Part—

• [F245 “action” includes inaction, proposed action and decision;]

• [F246 “company” means a company registered under the Companies Act 2006;]

• “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

• “fully mutual”, in relation to a housing association, and “co-operative housing association” have the same meaning as in the M24 Housing Associations Act 1985 (see section 1(2) of that Act);

• “hostel” means a building in which is provided for persons generally or for a class or classes of persons—

  (a)

  residential accommodation otherwise than in separate and self-contained premises, and

  (b)

  either board or facilities for the preparation of food adequate to the needs of those persons, or both;

• “house” includes—

  (a)

  any part of a building occupied or intended to be occupied as a separate dwelling, and

  (b)

  any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

• “housing accommodation” includes flats, lodging-houses and hostels;

• “housing activities” means, in relation to a registered social landlord, all its activities in pursuance of the purposes, objects and powers mentioned in or specified under section 2;

• “information” includes accounts, estimates and returns;

• “local authority” has the same meaning as in the M25 Housing Associations Act 1985;

• “long tenancy” has the same meaning as in Part V of the M26 Housing Act 1985;

• [F245 “misconduct” includes any failure to comply with the requirements of this Part of this Act;]

• “modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly;

• “notice” means notice in writing;

• “public sector landlord” means any of the authorities or bodies within section 80(1) of the Housing Act 1985 (the landlord condition for secure tenancies);

• “registrar of companies” has the same meaning as in [F247 the Companies Acts (see section 1060 of the Companies Act 2006)] ;

• [F245 “representations” means representations in writing;]

• “statutory tenancy” has the same meaning as in the Housing Act 1985.

(2) References in this Part to the provision of a dwelling or house include the provision of a dwelling or house—

(a) by erecting the dwelling or house, or converting a building into dwellings or a house, or

(b) by altering, enlarging, repairing or improving an existing dwelling or house;

and references to a dwelling or house provided by means of a grant or other financial assistance are to its being so provided directly or indirectly.

Textual Amendments

F245 Words in s. 63(1) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 87, 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

F246 Words in s. 63(1) inserted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(8)(a) (with art. 10)

F247 Words in s. 63(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(8)(b) (with art. 10)

Marginal Citations

M24 1985 c. 69.

M25 1985 c. 69.

M26 1985 c. 68.

64 Index of defined expressions: Part I. E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section)—

[F248 action	section 63]
appointed person (in relation to inquiry into affairs of registered social landlord)	paragraph 20 of Schedule 1
F249 . . .	F249 . . .
associate (in relation to a registered social landlord)	section 61(1)
assured tenancy	section 230
assured agricultural occupancy	section 230
assured shorthold tenancy	section 230
F250 . . .	F250 . . .
committee member (in relation to an industrial and provident society)	section 57(2)
[F251 company	section 63 (and see section 58(2))]
F252 . . .	F252 . . .
co-operative housing association	section 63
co-opted member (of committee of industrial and provident society)	section 57(1)
F253 . . .	F253 . . .
disposal proceeds fund	section 24
dwelling	section 63
enactment	section 230
fully mutual housing association	section 63
hostel	section 63
house	section 63
housing accommodation	section 63
housing activities	section 63
housing association	section 230
industrial and provident society	section 2(1)(b)
information	section 63
lease	section 229
local authority	section 63
[F248 local housing authority	section 230]
long tenancy	section 63
member of family	section 62
[F248 misconduct	section 63]
modifications	section 63
notice	section 63
officer of registered social landlord	section 59
provision (in relation to dwelling or house)	section 63(2)
public sector landlord	section 63
[F248 received public assistance	section 58(1A)]
register, registered and registration (in relation to social landlords)	section 1
registered charity	section 58(1)(b)
registrar of companies	section 63
F254 . . .	F254 . . .
relevant disposal which is not an exempted disposal (in sections 11 to 14)	section 15
[F248 representations	section 63]
secure tenancy	section 230
social housing grant	section 18(1)
statutory tenancy	section 63
subsidiary (in relation to a registered social landlord)	section 60(1)
trustee and trusts (in relation to a charity)	section 58(1)(a)

Textual Amendments

F248 Words in s. 64 inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 12; S.I. 2011/2475, arts. 1(2), 2(v)

F249 S. 64: Entry relating to “appropriate registrar” in the Table repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 356(2)

F250 Words in s. 64 omitted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by virtue of The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. para. 45

F251 Words in s. 64 inserted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(9)(a) (with art. 10)

F252 S. 64 entry omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(9)(b) (with art. 10)

F253 Entry in s. 64 repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 95(a), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

F254 S. 64: entry repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 95, Sch. 4 (with art. 6, Sch. 3)

Part II E+W Houses in multiple occupation

Registration schemes E+W

F255 65 Making and approval of registration schemes. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Ss. 65-79 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

Commencement Information

I17 S. 65 wholly in force 3.3.1997: s. 65 not in force at Royal Assent, see s. 232(1)-(3); s. 65 in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4, and in force at 3.3.1997 so far as not already in force, by S.I. 1997/350, art. 2

F255 66 Registration schemes: control provisions. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Ss. 65-79 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

Commencement Information

I18 S. 66 wholly in force 3.3.1997: s. 66 not in force at Royal Assent, see s. 232(1)-(3); s. 66 in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4, and in force at 3.3.1997 so far as not already brought into force, by S.I. 1997/350, art. 2

F255 67 Registration schemes: special control provisions. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Ss. 65-79 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

F255 68 Offences in connection with registration schemes. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Ss. 65-79 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

F255 69 Information requirements in connection with registration schemes. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Ss. 65-79 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

F255 70 Existing registration schemes. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Ss. 65-79 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

Other amendments of Part XI of the Housing Act 1985 E+W

F255 71 Restriction on notices requiring execution of works. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Ss. 65-79 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

F255 72 Recovery of expenses of notice requiring execution of works. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Ss. 65-79 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

Commencement Information

I19 S. 72 wholly in force 3.3.1997: s. 72 not in force at Royal Assent, see s. 232(1)-(3); s. 72 in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4, and in force at 3.3.1997 so far as not already brought into force, by S.I. 1997/350, art. 2

Prospective

F255 73 Duty to keep premises fit for number of occupants. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Ss. 65-79 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

F255 74 Section 354 direction to be local land charge. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Ss. 65-79 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

F255 75 Means of escape from fire. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Ss. 65-79 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

Commencement Information

I20 S. 75 wholly in force 3.3.1997: s. 75 not in force at Royal Assent, see s. 232(1)-(3); s. 75 in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4, and in force at 3.3.1997 so far as not already brought into force, by S.I. 1997/350, art. 2

F255 76 Works notices: improvement of enforcement procedures. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Ss. 65-79 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

F255 77 Codes of practice. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Ss. 65-79 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

F255 78 Increase of fines, &c. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Ss. 65-79 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

F255 79 Minor amendments. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Ss. 65-79 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

Common lodging houses E+W

80 Repeal of Part XII of the Housing Act 1985. E+W

(1) Part XII of the Housing Act 1985 (common lodging houses) is hereby repealed.

(2) In consequence of the above repeal—

(a) in section 619(2) of the Housing Act 1985, for “The other provisions of this Act” substitute “ The provisions of Parts I to XI and XIII to XVIII of this Act ”; and

(b) in section 65(2)(a) of the M27 Housing Act 1988, for “XII” substitute “ XI ”.

(3) The Secretary of State may by order make such consequential amendments or repeals in any local Act as he considers necessary or expedient.

Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I21 S. 80 wholly in force 3.3.1997: s. 80 not in force at Royal Assent, see s. 232(1)-(3); S. 80(3) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 80 in force at 3.3.1997 so far as not already brought into force, by S.I. 1997/350, art. 2

Marginal Citations

M27 1988 c. 50.

Part III U.K. Landlord and Tenant

Chapter I U.K. TENANTS’ RIGHTS

Forfeiture U.K.

81 Restriction on termination of tenancy for failure to pay service charge. E+W

(1) A landlord may not, in relation to premises let as a dwelling, exercise a right of re-entry or forfeiture for failure [F256 by a tenant to pay a service charge or administration charge unless— ]

[F256 (a) it is finally determined by (or on appeal from) a leasehold valuation tribunal or by a court, or by an arbitral tribunal in proceedings pursuant to a post-dispute arbitration agreement, that the amount of the service charge or administration charge is payable by him, or]

[F256 (b) the tenant has admitted that it is so payable.]

[F257 (2) The landlord may not exercise a right of re-entry or forfeiture by virtue of subsection (1)(a) until after the end of the period of 14 days beginning with the day after that on which the final determination is made.]

[F258 (3) For the purposes of this section it is finally determined that the amount of a service charge or administration charge is payable—

(a) if a decision that it is payable is not appealed against or otherwise challenged, at the end of the time for bringing an appeal or other challenge, or

(b) if such a decision is appealed against or otherwise challenged and not set aside in consequence of the appeal or other challenge, at the time specified in subsection (3A).

(3A) The time referred to in subsection (3)(b) is the time when the appeal or other challenge is disposed of—

(a) by the determination of the appeal or other challenge and the expiry of the time for bringing a subsequent appeal (if any), or

(b) by its being abandoned or otherwise ceasing to have effect.]

(4) The reference in subsection (1) to premises let as a dwelling does not include premises let on—

(a) a tenancy to which Part II of the M28 Landlord and Tenant Act 1954 applies (business tenancies),

(b) a tenancy of an agricultural holding within the meaning of the M29 Agricultural Holdings Act 1986 in relation to which that Act applies, or

(c) a farm business tenancy within the meaning of the M30 Agricultural Tenancies Act 1995.

[F259 (4A) References in this section to the exercise of a right of re-entry or forfeiture include the service of a notice under section 146(1) of the Law of Property Act 1925 (restriction on re-entry or forfeiture).]

(5) In this section

[F260 (a) “administration charge” has the meaning given by Part 1 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002,

(b) “arbitration agreement” and “arbitral tribunal” have the same meaning as in Part 1 of the Arbitration Act 1996 (c. 23) and “post-dispute arbitration agreement”, in relation to any matter, means an arbitration agreement made after a dispute about the matter has arisen,

(c) “dwelling” has the same meaning as in the Landlord and Tenant Act 1985 (c. 70), and

(d)]

“service charge” means a service charge within the meaning of section 18(1) of the M31 Landlord and Tenant Act 1985, other than one excluded from that section by section 27 of that Act (rent of dwelling registered and not entered as variable).

[F261 (5A) Any order of a court to give effect to a determination of a leasehold valuation tribunal shall be treated as a determination by the court for the purposes of this section.]

(6) Nothing in this section affects the exercise of a right of re-entry or forfeiture on other grounds.

Textual Amendments

F256 Words in s. 81(1) substituted (28.2.2005 for E., 31.5.2005 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 170(2), 181(1); S.I. 2004/3056, art. 3(f) (with art. 4(3)); S.I. 2005/1353, art. 2(f) (with art. 3(4))

F257 S. 81(2) substituted (28.2.2005 for E., 31.5.2005 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 170(3), 181(1); S.I. 2004/3056, art. 3(f) (with art. 4(3)); S.I. 2005/1353, art. 2(f) (with art. 3(4))

F258 S. 81(3)(3A) substituted for s. 81(3) (28.2.2005 for E., 31.5.2005 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 170(4), 181(1); S.I. 2004/3056, art. 3(f) (with art. 4(3)); S.I. 2005/1353, art. 2(f) (with art. 3(4))

F259 S. 81(4A) inserted (28.2.2005 for E., 31.5.2005 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 170(5), 181(1); S.I. 2004/3056, art. 3(f) (with art. 4(3)); S.I. 2005/1353, art. 2(f) (with art. 3(4))

F260 Words in s. 81(5) inserted (28.2.2005 for E., 31.5.2005 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 170(6), 181(1); S.I. 2004/3056, art. 3(f) (with art. 4(3)); S.I. 2005/1353, art. 2(f) (with art. 3(4))

F261 S. 81(5A) inserted (28.2.2005 for E., 31.5.2005 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 13 para. 16; S.I. 2004/3056, art. 3(i); S.I. 2005/1353, art. 2(i)

Modifications etc. (not altering text)

C70 S. 81 extended to Crown Land (30.9.2003 for E. for specified purposes, 30.3.2004 for W. for specified purposes, 28.2.2005 for E. for specified purposes, 31.5.2005 for W. for specified purposes) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii) (with Sch. 2); S.I. 2004/669, art. 2(c)(ii) (with Sch. 2); S.I. 2004/3056, art. 3(h) (with art. 4); S.I. 2005/1353, art. 2(h)

Marginal Citations

M28 1954 c. 56.

M29 1986 c. 5.

M30 1995 c. 8.

M31 1985 c. 70.

F262 82 Notice under s.146 of the Law of Property Act 1925. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F262 S. 82 repealed (28.2.2005 for E., 31.5.2005 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 14; S.I. 2004/3056, art. 3(j); S.I. 2005/1353, art. 2(j)

Service charges E+W

83 Determination of reasonableness of service charges. E+W

F263 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In the Schedule to the Landlord and Tenant Act 1985, for paragraph 8 (right to challenge landlord’s choice of insurers) substitute—

“8 (1) This paragraph applies where a tenancy of a dwelling requires the tenant to insure the dwelling with an insurer nominated by the landlord.

(2) The tenant or landlord may apply to a county court or leasehold valuation tribunal for a determination whether—

(a) the insurance which is available from the nominated insurer for insuring the tenant’s dwelling is unsatisfactory in any respect, or

(b) the premiums payable in respect of any such insurance are excessive.

(3) No such application may be made in respect of a matter which—

(a) has been agreed or admitted by the tenant,

(b) under an arbitration agreement to which the tenant is a party is to be referred to arbitration, or

(c) has been the subject of determination by a court or arbitral tribunal.

(4) On an application under this paragraph the court or tribunal may make—

(a) an order requiring the landlord to nominate such other insurer as is specified in the order, or

(b) an order requiring him to nominate another insurer who satisfies such requirements in relation to the insurance of the dwelling as are specified in the order.

(5) Any such order of a leasehold valuation tribunal may, with the leave of the court, be enforced in the same way as an order of a county court to the same effect.

(6) An agreement by the tenant of a dwelling (other than an arbitration agreement) is void in so far as it purports to provide for a determination in a particular manner, or on particular evidence, of any question which may be the subject of an application under this paragraph.”.

F264 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For section 20C of the M32 Landlord and Tenant Act 1985 (limitation of service charges: costs of court proceedings) substitute—

“20C Limitation of service charges: costs of proceedings.

(1) A tenant may make an application for an order that all or any of the costs incurred, or to be incurred, by the landlord in connection with proceedings before a court or leasehold valuation tribunal, or the Lands Tribunal, or in connection with arbitration proceedings, are not to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the tenant or any other person or persons specified in the application.

(2) The application shall be made—

(a) in the case of court proceedings, to the court before which the proceedings are taking place or, if the application is made after the proceedings are concluded, to a county court;

(b) in the case of proceedings before a leasehold valuation tribunal, to the tribunal before which the proceedings are taking place or, if the application is made after the proceedings are concluded, to any leasehold valuation tribunal;

(c) in the case of proceedings before the Lands Tribunal, to the tribunal;

(d) in the case of arbitration proceedings, to the arbitral tribunal or, if the application is made after the proceedings are concluded, to a county court.

(3) The court or tribunal to which the application is made may make such order on the application as it considers just and equitable in the circumstances.”.

(5) In section 38 of the M33 Landlord and Tenant Act 1985 (minor definitions), at the appropriate place insert—

““arbitration agreement”, “arbitration proceedings” and “arbitral tribunal” have the same meaning as in Part I of the M34 Arbitration Act 1996;”.

(6) In section 39 of that Act (index of defined expressions), at the appropriate place insert—

“arbitration agreement, arbitration proceedings and arbitral tribunal

section 38”

Textual Amendments

F263 S. 83(1) repealed (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 14; S.I. 2003/1986, art. 2(c)(iv), Sch. 1 Pt. 2 (with Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 Pt. 2 (with Sch. 2)

F264 S. 83(3) repealed (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 14; S.I. 2003/1986, art. 2(c)(iv), Sch. 1 Pt. 1 (with Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 Pt. 1 (with Sch. 2)

Commencement Information

I22 S. 83 wholly in force 11.8.1998; s. 83 not in force at Royal Assent see s. 232(1)-(3); s. 83(3) in force for certain purposes at 23.8.1996 by S.I. 1996/2212, art. 2(1); s. 83 in force at 1.9.1997 to the extent not already in force by S.I. 1997/1851, art. 2 (subject to the saving in Sch. para. 1); s. 83 in force at 11.8.1998 to the extent that it does not, because of Sch. para. 1, already have effect by S.I. 1998/1768, art. 2 (subject to art. 3).

Marginal Citations

M32 1985 c. 70.

M33 1985 c. 70.

M34 1996 c. 23.

84 Right to appoint surveyor to advise on matters relating to service charges. E+W

(1) A recognised tenants’ association may appoint a surveyor for the purposes of this section to advise on any matters relating to, or which may give rise to, service charges payable to a landlord by one or more members of the association.

The provisions of Schedule 4 have effect for conferring on a surveyor so appointed rights of access to documents and premises.

(2) A person shall not be so appointed unless he is a qualified surveyor.

For this purpose “qualified surveyor” has the same meaning as in section 78(4)(a) of the M35 Leasehold Reform, Housing and Urban Development Act 1993 (persons qualified for appointment to carry out management audit).

(3) The appointment shall take effect for the purposes of this section upon notice in writing being given to the landlord by the association stating the name and address of the surveyor, the duration of his appointment and the matters in respect of which he is appointed.

(4) An appointment shall cease to have effect for the purposes of this section if the association gives notice in writing to the landlord to that effect or if the association ceases to exist.

(5) A notice is duly given under this section to a landlord of any tenants if it is given to a person who receives on behalf of the landlord the rent payable by those tenants; and a person to whom such a notice is so given shall forward it as soon as may be to the landlord.

(6) In this section—

• “recognised tenants’ association” has the same meaning as in the provisions of the M36 Landlord and Tenant Act 1985 relating to service charges (see section 29 of that Act); and

• “service charge” means a service charge within the meaning of section 18(1) of that Act, other than one excluded from that section by section 27 of that Act (rent of dwelling registered and not entered as variable).

Modifications etc. (not altering text)

C71 S. 84 modified (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 7 para. 15(1); S.I. 2003/1986, art. 2(a); S.I. 2004/669, art. 2(a)

C72 S. 84 extended to Crown Land (30.9.2003 for E. for specified purposes, 30.3.2004 for W. for specified purposes) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii) (with Sch. 2); S.I. 2004/669, art. 2(c)(ii) (with Sch. 2)

C73 S. 84(5) applied (with modifications) (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 7 para. 15(2); S.I. 2003/1986, art. 2(a); S.I. 2004/669, art. 2(a)

Marginal Citations

M35 1993 c. 28.

M36 1985 c. 70.

Appointment of manager E+W

85 Appointment of manager by the court. E+W

(1) Section 24 of the M37 Landlord and Tenant Act 1987 (appointment of manager by the court) is amended as follows.

(2) In subsection (2) (circumstances in which order may be made), in paragraph (a) (breach of obligation by landlord), omit sub-paragraph (ii) (requirement that circumstances likely to continue).

(3) In that subsection, after paragraph (a), and before the word “or” following that paragraph, insert—

“(ab) where the court is satisfied—

(i) that unreasonable service charges have been made, or are proposed or likely to be made, and

(ii) that it is just and convenient to make the order in all the circumstances of the case;

(ac) where the court is satisfied—

(i) that the landlord has failed to comply with any relevant provision of a code of practice approved by the Secretary of State under section 87 of the M38 Leasehold Reform, Housing and Urban Development Act 1993 (codes of management practice), and

(ii) that it is just and convenient to make the order in all the circumstances of the case;”.

(4) After that subsection insert—

“(2A) For the purposes of subsection (2)(ab) a service charge shall be taken to be unreasonable—

(a) if the amount is unreasonable having regard to the items for which it is payable,

(b) if the items for which it is payable are of an unnecessarily high standard, or

(c) if the items for which it is payable are of an insufficient standard with the result that additional service charges are or may be incurred.

In that provision and this subsection “service charge” means a service charge within the meaning of section 18(1) of the M39 Landlord and Tenant Act 1985, other than one excluded from that section by section 27 of that Act (rent of dwelling registered and not entered as variable).”.

(5) The above amendments apply to applications for an order under section 24 of the M40 Landlord and Tenant Act 1987 which are made after this section comes into force.

In relation to any such application the reference in the inserted subsection (2)(ab) to service charges which have been made includes services charges made before that date.

(6) After subsection (9) insert—

“(9A) The court shall not vary or discharge an order under subsection (9) on a landlord’s application unless it is satisfied—

(a) that the variation or discharge of the order will not result in a recurrence of the circumstances which led to the order being made, and

(b) that it is just and convenient in all the circumstances of the case to vary or discharge the order.”.

Marginal Citations

M37 1987 c. 31.

M38 1993 c. 28.

M39 1985 c. 70.

M40 1987 c. 31.

86 Appointment of manager: transfer of jurisdiction to leasehold valuation tribunal. E+W

(1) Part II of the Landlord and Tenant Act 1987 (appointment of managers by the court) is amended as follows for the purpose of transferring to a leasehold valuation tribunal the jurisdiction of the court under that Part.

(2) In the following contexts for “the court”, in the first (or only) place where it occurs, substitute “a leasehold valuation tribunal”: section 21(1), section 22(2)(b), section 22(3), section 23(1), section 24(1), (2), (9) and (10); and in every other context in those sections, except section 21(6), for “the court” substitute “the tribunal”.

(3) In section 21(6) (exclusion of application under inherent jurisdiction of court) for “any jurisdiction existing apart from this Act” substitute “any jurisdiction”.

F265 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F265 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In section 52 of the M41 Landlord and Tenant Act 1987 (jurisdiction of county courts), in subsection (2)(a) for “Parts I to IV” substitute “Parts I, III and IV”.

Textual Amendments

F265 S. 86(4)(5) repealed (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 14; S.I. 2003/1986, art. 2(c)(iv), Sch. 1 Pt. 1 (with Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 Pt 1 (with Sch. 2)

Commencement Information

I23 S. 86 wholly in force 1.9.1997: s. 86 not in force at Royal Assent see s. 232(1)-(3); s. 86(4)(5) in force for certain purposes at 23.8.1996 by S.I. 1996/2212, art. 2(1) and s. 86 in force at 1.9.1997 to the extent not already in force by S.I. 1997/1851, art. 2 (subject to the saving in Sch. para. 2)

Marginal Citations

M41 1987 c. 31.

Prospective

87 Text of Part II of the Landlord and Tenant Act 1987, as amended. E+W

The text of Part II of the Landlord and Tenant Act 1987 as amended by this Act is set out in Schedule 5.

88 Period after which acquisition order may be made. E+W

In Part III of the Landlord and Tenant Act 1987 (compulsory acquisition by tenants of their landlord’s interest), in section 29(3) (conditions for making acquisition orders: period since appointment of manager under Part II) for “three years” substitute “ two years ”.

Modifications etc. (not altering text)

C74 S. 88 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 1

Right of first refusal E+W

89 Application of right of first refusal in relation to contracts. E+W

(1) After section 4 of the M42 Landlord and Tenant Act 1987 (relevant disposals) insert—

“4A Application of provisions to contracts.

(1) The provisions of this Part apply to a contract to create or transfer an estate or interest in land, whether conditional or unconditional and whether or not enforceable by specific performance, as they apply in relation to a disposal consisting of the creation or transfer of such an estate or interest.

As they so apply—

(a) references to a disposal of any description shall be construed as references to a contract to make such a disposal;

(b) references to making a disposal of any description shall be construed as references to entering into a contract to make such a disposal; and

(c) references to the transferee under the disposal shall be construed as references to the other party to the contract and include a reference to any other person to whom an estate or interest is to be granted or transferred in pursuance of the contract.

(2) The provisions of this Part apply to an assignment of rights under such a contract as is mentioned in subsection (1) as they apply in relation to a disposal consisting of the transfer of an estate or interest in land.

As they so apply—

(a) references to a disposal of any description shall be construed as references to an assignment of rights under a contract to make such a disposal;

(b) references to making a disposal of any description shall be construed as references to making an assignment of rights under a contract to make such a disposal;

(c) references to the landlord shall be construed as references to the assignor; and

(d) references to the transferee under the disposal shall be construed as references to the assignee of such rights.

(3) The provisions of this Part apply to a contract to make such an assignment as is mentioned in subsection (2) as they apply (in accordance with subsection (1)) to a contract to create or transfer an estate or interest in land.

(4) Nothing in this section affects the operation of the provisions of this Part relating to options or rights of pre-emption.”.

(2) In section 4(2) of the Landlord and Tenant Act 1987 (relevant disposals: excluded disposals), for paragraph (i) (certain disposals in pursuance of existing obligations) substitute—

“(i) a disposal in pursuance of a contract, option or right of pre-emption binding on the landlord (except as provided by section 8D (application of sections 11 to 17 to disposal in pursuance of option or right of pre-emption));”.

(3) In section 20(1) (interpretation), in the definition of “disposal” for “has the meaning given by section 4(3)” substitute “ shall be construed in accordance with section 4(3) and section 4A (application of provisions to contracts) ”.

Modifications etc. (not altering text)

C75 S. 89 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 2

Marginal Citations

M42 1987 c. 31.

90 Notice required to be given by landlord making disposal. E+W

(1) In section 4(2) of the M43 Landlord and Tenant Act 1987 (disposals which are not relevant disposals for the purposes of Part I of that Act), for paragraph (l) substitute—

“(l) a disposal by a body corporate to a company which has been an associated company of that body for at least two years.”.

(2) The above amendment does not apply to a disposal made in pursuance of an obligation entered into before the commencement of this section.

Modifications etc. (not altering text)

C76 S. 90 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 2

Marginal Citations

M43 1987 c. 31.

91 Offence of failure to comply with requirements of Part I. E+W

(1) After section 10 of the Landlord and Tenant Act 1987 insert—

“10A Offence of failure to comply with requirements of Part I.

(1) A landlord commits an offence if, without reasonable excuse, he makes a relevant disposal affecting premises to which this Part applies—

(a) without having first complied with the requirements of section 5 as regards the service of notices on the qualifying tenants of flats contained in the premises, or

(b) in contravention of any prohibition or restriction imposed by sections 6 to 10.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) Where an offence under this section committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in such a capacity, or

(b) to be due to any neglect on the part of such an officer or person,

he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

Where the affairs of a body corporate are managed by its members, the above provision applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(4) Proceedings for an offence under this section may be brought by a local housing authority (within the meaning of section 1 of the M44 Housing Act 1985).

(5) Nothing in this section affects the validity of the disposal.”.

(2) The above amendment does not apply to a disposal made in pursuance of an obligation entered into before the commencement of this section.

Modifications etc. (not altering text)

C77 S. 91 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 2

Marginal Citations

M44 1985 c. 68.

92 Procedure for exercise of rights of first refusal. E+W

(1) Part I of the M45 Landlord and Tenant Act 1987 (tenants’ rights of first refusal) is amended in accordance with Schedule 6.

(2) The amendments restate the principal provisions of that Part so as to—

(a) simplify the procedures for the exercise of the rights conferred on tenants, and

(b) apply those procedures in relation to contracts and certain special cases.

(3) In Schedule 6—

• Part I sets out provisions replacing sections 5 to 10 of the Act (rights of first refusal),

• Part II sets out provisions replacing sections 11 to 15 of the Act (enforcement by tenants of rights against purchaser),

• Part III sets out provisions replacing sections 16 and 17 of the Act (enforcement of rights against subsequent purchasers and termination of rights), and

• Part IV contains consequential amendments.

Modifications etc. (not altering text)

C78 S. 92 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 2

Commencement Information

I24 S. 92 wholly in force 1.10.1996; s. 92 not in force at Royal Assent see s. 232(1)-(3); s. 92 in force for certain purposes at 23.8.1996 and in force at 1.10.1996 so far as not already in force by S.I. 1996/2212, art. 2

Marginal Citations

M45 1987 c. 31.

93 Duty of new landlord to inform tenant of rights. E+W

(1) In the M46 Landlord and Tenant Act 1985, after section 3 (duty to inform tenant of assignment of landlord’s interest) insert—

“3A Duty to inform tenant of possible right to acquire landlord’s interest.

(1) Where a new landlord is required by section 3(1) to give notice to a tenant of an assignment to him, then if—

(a) the tenant is a qualifying tenant within the meaning of Part I of the Landlord and Tenant Act 1987 (tenants’ rights of first refusal), and

(b) the assignment was a relevant disposal within the meaning of that Part affecting premises to which at the time of the disposal that Part applied,

the landlord shall give also notice in writing to the tenant to the following effect.

(2) The notice shall state—

(a) that the disposal to the landlord was one to which Part I of the Landlord and Tenant Act 1987 applied;

(b) that the tenant (together with other qualifying tenants) may have the right under that Part—

(i) to obtain information about the disposal, and

(ii) to acquire the landlord’s interest in the whole or part of the premises in which the tenant’s flat is situated; and

(c) the time within which any such right must be exercised, and the fact that the time would run from the date of receipt of notice under this section by the requisite majority of qualifying tenants (within the meaning of that Part).

(3) A person who is required to give notice under this section and who fails, without reasonable excuse, to do so within the time allowed for giving notice under section 3(1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.”.

(2) In section 32(1) of the M47 Landlord and Tenant Act 1985 (provisions not applying to tenancies within Part II of the M48 Landlord and Tenant Act 1954), for “sections 1 to 3” substitute “ sections 1 to 3A ”.

Modifications etc. (not altering text)

C79 S. 93 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 2

Marginal Citations

M46 1985 c. 70.

M47 1985 c. 70.

M48 1954 c. 56.

General [F266 advice etc.] E+W

Textual Amendments

F266 Words in s. 94 cross-heading substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 312(2), 325(2)(a)

94 Provision of general [F266 advice etc.] about residential tenancies. E+W

(1) The Secretary of State may give financial assistance to any person in relation to the provision by that person of [F267 information, training or] general advice about[F268 , or a dispute resolution service in connection with] —

(a) any aspect of the law of landlord and tenant, so far as relating to residential tenancies,

[F269 (aa) any other matter relating to residential tenancies,]

(b) [F270 any matter relating to] Chapter IV of Part I of the M49 Leasehold Reform, Housing and Urban Development Act 1993 (estate management schemes in connection with enfranchisement).

(2) Financial assistance under this section may be given in such form and on such terms as the Secretary of State considers appropriate.

(3) The terms on which financial assistance under this section may be given may, in particular, include provision as to the circumstances in which the assistance must be repaid or otherwise made good to the Secretary of State and the manner in which that is to be done.

Textual Amendments

F267 Words in s. 94(1) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 312(1)(a), 325(2)(a)

F268 Words in s. 94(1) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 312(1)(b), 325(2)(a)

F269 S. 94(1)(aa) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 312(1)(c), 325(2)(a)

F270 Words in s. 94(1)(b) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 312(1)(d), 325(2)(a)

Marginal Citations

M49 1993 c. 28.

Supplementary E+W

95 Jurisdiction of county courts. E+W

(1) Any jurisdiction expressed by a provision to which this section applies to be conferred on the court shall be exercised by a county court.

(2) There shall also be brought in a county court any proceedings for determining any question arising under or by virtue of any provision to which this section applies.

(3) Where, however, other proceedings are properly brought in the High Court, that court has jurisdiction to hear and determine proceedings to which subsection (1) or (2) applies which are joined with those proceedings.

(4) Where proceedings are brought in a county court by virtue of subsection (1) or (2), that court has jurisdiction to hear and determine other proceedings joined with those proceedings despite the fact that they would otherwise be outside its jurisdiction.

(5) The provisions to which this section applies are—

(a) section 81 (restriction on termination of tenancy for failure to pay service charge), and

(b) section 84 (right to appoint surveyor to advise on matters relating to service charges) and Schedule 4 (rights exercisable by surveyor appointed by tenants’ association).

Chapter II E+W Assured tenancies

Assured shorthold tenancies E+W

96 Tenancies which are assured shorthold tenancies. E+W

(1) In Chapter II of Part I of the M50 Housing Act 1988 (assured shorthold tenancies) there shall be inserted at the beginning—

“19A Assured shorthold tenancies: post-Housing Act 1996 tenancies.

An assured tenancy which—

(a) is entered into on or after the day on which section 96 of the Housing Act 1996 comes into force (otherwise than pursuant to a contract made before that day), or

(b) comes into being by virtue of section 5 above on the coming to an end of an assured tenancy within paragraph (a) above,

is an assured shorthold tenancy unless it falls within any paragraph in Schedule 2A to this Act.”.

(2) After Schedule 2 to that Act there shall be inserted the Schedule set out in Schedule 7 to this Act.

Commencement Information

I25 S. 96 wholly in force 28.2.1997; s. 96 not in force at Royal Assent see s. 232(1)-(3); s. 96 in force for certain purposes at 23.8.1996 by S.I. 1996/2212, art. 2(1) and in force at 28.2.1997 to the extent it is not already in force by S.I. 1997/225, art. 2

Marginal Citations

M50 1988 c. 50.

97 Duty of landlord to provide statement of terms of assured shorthold tenancy. E+W

After section 20 of the Housing Act 1988 there shall be inserted—

“20A Post-Housing Act 1996 tenancies: duty of landlord to provide statement as to terms of tenancy.

(1) Subject to subsection (3) below, a tenant under an assured shorthold tenancy to which section 19A above applies may, by notice in writing, require the landlord under that tenancy to provide him with a written statement of any term of the tenancy which—

(a) falls within subsection (2) below, and

(b) is not evidenced in writing.

(2) The following terms of a tenancy fall within this subsection, namely—

(a) the date on which the tenancy began or, if it is a statutory periodic tenancy or a tenancy to which section 39(7) below applies, the date on which the tenancy came into being,

(b) the rent payable under the tenancy and the dates on which that rent is payable,

(c) any term providing for a review of the rent payable under the tenancy, and

(d) in the case of a fixed term tenancy, the length of the fixed term.

(3) No notice may be given under subsection (1) above in relation to a term of the tenancy if—

(a) the landlord under the tenancy has provided a statement of that term in response to an earlier notice under that subsection given by the tenant under the tenancy, and

(b) the term has not been varied since the provision of the statement referred to in paragraph (a) above.

(4) A landlord who fails, without reasonable excuse, to comply with a notice under subsection (1) above within the period of 28 days beginning with the date on which he received the notice is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5) A statement provided for the purposes of subsection (1) above shall not be regarded as conclusive evidence of what was agreed by the parties to the tenancy in question.

(6) Where—

(a) a term of a statutory periodic tenancy is one which has effect by virtue of section 5(3)(e) above, or

(b) a term of a tenancy to which subsection (7) of section 39 below applies is one which has effect by virtue of subsection (6)(e) of that section,

subsection (1) above shall have effect in relation to it as if paragraph (b) related to the term of the tenancy from which it derives.

(7) In subsections (1) and (3) above—

(a) references to the tenant under the tenancy shall, in the case of joint tenants, be taken to be references to any of the tenants, and

(b) references to the landlord under the tenancy shall, in the case of joint landlords, be taken to be references to any of the landlords.”

98 Form of notices under s. 21 of the Housing Act 1988. E+W

(1) Section 21 of the M51 Housing Act 1988 (recovery of possession on expiry or termination of assured shorthold tenancy) shall be amended as follows.

(2) In subsection (1)(b) (which requires the landlord under a fixed term tenancy to give two months’ notice to recover possession), after “notice” there shall be inserted “ in writing ”.

(3) In subsection (4)(a) (corresponding provision for periodic tenancies), after “notice”, where it first occurs, there shall be inserted “ in writing ”.

Commencement Information

I26 S. 98 wholly in force at 28.2.1997 by S.I. 1997/225, art. 2 (subject to savings in the Sch. to that S.I.)

Marginal Citations

M51 1988 c. 50.

99 Restriction on recovery of possession on expiry or termination. E+W

In section 21 of the Housing Act 1988 there shall be inserted at the end—

“(5) Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than—

(a) in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and

(b) in the case of a replacement tenancy, six months after the beginning of the original tenancy.

(6) In subsection (5)(b) above, the reference to the original tenancy is—

(a) where the replacement tenancy came into being on the coming to an end of a tenancy which was not a replacement tenancy, to the immediately preceding tenancy, and

(b) where there have been successive replacement tenancies, to the tenancy immediately preceding the first in the succession of replacement tenancies.

(7) For the purposes of this section, a replacement tenancy is a tenancy—

(a) which comes into being on the coming to an end of an assured shorthold tenancy, and

(b) under which, on its coming into being—

(i) the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and

(ii) the premises let are the same or substantially the same as those let under the earlier tenancy as at that time.”.

100 Applications for determination of rent: time limit. E+W

(1) Section 22 of the M52 Housing Act 1988 (reference of excessive rents to rent assessment committee) shall be amended as follows.

(2) In subsection (2) (circumstances in which no application under the section may be made) after paragraph (a) there shall be inserted—

“(aa) the tenancy is one to which section 19A above applies and more than six months have elapsed since the beginning of the tenancy or, in the case of a replacement tenancy, since the beginning of the original tenancy; or”.

(3) At the end there shall be inserted—

“(6) In subsection (2)(aa) above, the references to the original tenancy and to a replacement tenancy shall be construed in accordance with subsections (6) and (7) respectively of section 21 above.”.

Marginal Citations

M52 1988 c. 50.

Grounds for possession E+W

101 Mandatory possession for non-payment of rent: reduction in arrears required. E+W

In Part I of Schedule 2 to the Housing Act 1988 (grounds on which court must order possession) in Ground 8 (rent unpaid for certain periods)—

(a) in paragraph (a) (rent payable weekly or fortnightly) for “thirteen weeks”’ there shall be substituted “ eight weeks ”’, and

(b) in paragraph (b) (rent payable monthly) for “three months”’ there shall be substituted “ two months ”’.

Commencement Information

I27 S. 101 wholly in force at 28.2.1997 by S.I. 1997/225, art. 2 (subject to savings in the Sch. to that S.I.)

102 Recovery of possession where grant induced by false statement. E+W

In Part II of Schedule 2 to the Housing Act 1988 (grounds on which court may order possession) there shall be inserted at the end—

“ Ground 17

The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—

(a) the tenant, or

(b) a person acting at the tenant’s instigation.”

Commencement Information

I28 S. 102 wholly in force at 28.2.1997 by S.I. 1997/225, art. 2 (subject to savings in the Sch. to that S.I.)

Assured agricultural occupancies E+W

103 Assured agricultural occupancies: exclusion of tenancies of agricultural holdings and farm business tenancies. E+W

(1) Section 24 of the M53 Housing Act 1988 (assured agricultural occupancies) shall be amended as follows.

(2) In subsection (2)(b) (under which a tenancy is an assured agricultural occupancy if it would be an assured tenancy, but for paragraph 7 of Schedule 1 to that Act) there shall be inserted at the end “ and is not an excepted tenancy ”.

(3) After subsection (2) there shall be inserted—

“(2A) For the purposes of subsection (2)(b) above, a tenancy is an excepted tenancy if it is—

(a) a tenancy of an agricultural holding within the meaning of the M54 Agricultural Holdings Act 1986 in relation to which that Act applies, or

(b) a farm business tenancy within the meaning of the M55 Agricultural Tenancies Act 1995.”.

Marginal Citations

M53 1988 c. 50.

M54 1986 c. 5.

M55 1995 c. 8.

Consequential amendments E+W

104 Consequential amendments: assured tenancies. E+W

The enactments mentioned in Schedule 8 have effect with the amendments specified there which are consequential on the provisions of this Chapter.

Chapter III U.K. Leasehold Reform

Scope of rights E+W

105 Low rent test: nil rateable values. E+W

(1) In section 4(1) of the M56 Leasehold Reform Act 1967 (meaning of “low rent”) —

(a) in paragraph (i) (cases where rent limit of two-thirds of rateable value on later of appropriate day and first day of term applies), for the words from “or (where” to “that date” there shall be substituted “ , or on or after 1st April 1990 in pursuance of a contract made before that date, and the property had a rateable value other than nil at the date of the commencement of the tenancy or else at any time before 1st April 1990, ”,

(b) in paragraph (ii) (other cases), for the words from “is entered” to “1990),” there shall be substituted “ does not fall within paragraph (i) above, ”, and

(c) in paragraph (a) (definition of “appropriate day” by reference to section 25(3) of the M57 Rent Act 1977), there shall be inserted at the end “ if the reference in paragraph (a) of that provision to a rateable value were to a rateable value other than nil ”.

(2) In section 4A of the M58 Leasehold Reform Act 1967 (alternative rent limits for the purposes of section 1A(2) of that Act)—

(a) in subsection (1)(b) (cases where rent limit of two-thirds of rateable value on the relevant date applies), for sub-paragraph (ii) there shall be substituted—

“(ii) the property had a rateable value other than nil at the date of commencement of the tenancy or else at any time before 1st April 1990,”, and

(b) in subsection (2), for paragraph (b) there shall be substituted—

“(b) “the relevant date” means the date of the commencement of the tenancy or, if the property did not have a rateable value, or had a rateable value of nil, on that date, the date on which it first had a rateable value other than nil;”.

F271 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F271 S. 105(3) repealed (26.7.2002 for E. and 1.1.2003 for W.) by 2002 c. 15, s. 180, Sch. 14; S.I. 2002/1912, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to the transitional provisions and savings in Sch. 2); S.I. 2002/3012, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to the transitional provisions and savings in Sch. 2)

Modifications etc. (not altering text)

C80 S. 105(1)(2) restricted (22.8.1996) by S.I. 1996/2212, art. 2(2), Sch. para. 3

Marginal Citations

M56 1967 c. 88.

M57 1977 c. 42.

M58 1967 c. 88.

106 Low rent test: extension of rights. E+W

Schedule 9 (which makes provision for conferring an additional right to enfranchisement in relation to tenancies which fail the low rent test and for introducing an alternative to the low rent test in the case of the right to collective enfranchisement and the right to a new lease) shall have effect.

Modifications etc. (not altering text)

C81 S. 106 restricted (5.3.1997) by S.I. 1997/618, art. 2, Sch. para. 2

Commencement Information

I29 S. 106 wholly in force 1.4.1997; s. 106 not in force at Royal Assent see s. 232(1)-(3); s. 106 in force for certain purposes at 23.8.1996 by S.I. 1996/2212, art. 2(1) and in force at 1.4.1997 to the extent not already in force by S.I. 1997/618, art. 2 (subject to the limitation in (2) of that art.)

107 Collective enfranchisement: multiple freeholders. E+W

(1) In section 3 of the Leasehold Reform, Housing and Urban Development Act 1993 (premises in respect of which the right to collective enfranchisement is exercisable), in subsection (1)(a), the words “and the freehold of the whole of the building or of that part of the building is owned by the same person” shall be omitted.

(2) In section 4 of that Act (premises excluded from the right to collective enfranchisement), after subsection (3) there shall be inserted—

“(3A) Where different persons own the freehold of different parts of premises within subsection (1) of section 3, this Chapter does not apply to the premises if any of those parts is a self-contained part of a building for the purposes of that section.”.

(3) In section 1(3) of that Act (additional property which may be acquired by tenants exercising the right to collective enfranchisement), the words “the freehold of it is owned by the person who owns the freehold of the relevant premises and” shall be omitted.

(4) Schedule 10 (amendments consequential on this section) shall have effect.

Modifications etc. (not altering text)

C82 S. 107 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para 4.

Valuation E+W

108 Collective enfranchisement: removal of need for professional valuation of interests to be acquired. E+W

In section 13 of the M59 Leasehold Reform, Housing and Urban Development Act 1993 (notice by qualifying tenants of claim to exercise right to collective enfranchisement) subsection (6) (tenants to obtain professional valuation of interests proposed to be acquired before giving notice) shall cease to have effect.

Modifications etc. (not altering text)

C83 S. 108 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para 4.

Marginal Citations

M59 1993 c. 28.

109 Collective enfranchisement: valuation principles. E+W

(1) Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993 (purchase price payable by nominee purchaser) shall be amended as follows.

(2) In paragraph 3(1) (freeholder’s interest to be valued on the basis that neither the nominee purchaser nor any participating tenant is in the market) for “neither the nominee purchaser nor any participating tenant” there shall be substituted “ no person who falls within sub-paragraph (1A) ”.

(3) After paragraph 3(1) there shall be inserted—

“(1A) A person falls within this sub-paragraph if he is—

(a) the nominee purchaser, or

(b) a tenant of premises contained in the specified premises, or

(c) an owner of an interest which the nominee purchaser is to acquire in pursuance of section 2(1)(b).”.

(4) In paragraph 7 (value of intermediate leasehold interests) after sub-paragraph (1) there shall be inserted—

“(1A) In its application in accordance with sub-paragraph (1), paragraph 3(1A) shall have effect with the addition after paragraph (a) of—

“(aa) an owner of a freehold interest in the specified premises, or””.

(5) In paragraph 11 (value of other interests) after sub-paragraph (3) there shall be inserted—

“(4) In its application in accordance with sub-paragraph (2) above, paragraph 3(1A) shall have effect with the addition after paragraph (a) of—

“(aa) an owner of a freehold interest in the specified premises, or””.

Modifications etc. (not altering text)

C84 S. 109 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para 4.

110 New leases: valuation principles. E+W

(1) Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 (premium and other amounts payable by tenant on grant of new lease) shall be amended as mentioned in subsections (2) to (4) below.

(2) In paragraph 3(2) (landlord’s interest to be valued on the basis that the tenant is not buying or seeking to buy) for “the tenant not” there shall be substituted “ neither the tenant nor any owner of an intermediate leasehold interest ”.

(3) In paragraph 4(3) (calculation of marriage value) for paragraph (a) (value of tenant’s interest) there shall be substituted—

“(a) the value of the interest of the tenant under his existing lease shall be determined in accordance with paragraph 4A;

(aa) the value of the interest to be held by the tenant under the new lease shall be determined in accordance with paragraph 4B;”, and, in paragraph (b), for “that sub-paragraph” there shall be substituted “ sub-paragraph (2) ”.

(4) After paragraph 4 there shall be inserted—

“4A (1) Subject to the provisions of this paragraph, the value of the interest of the tenant under the existing lease is the amount which at the valuation date that interest might be expected to realise if sold on the open market by a willing seller (with neither the landlord nor any owner of an intermediate leasehold interest buying or seeking to buy) on the following assumptions—

(a) on the assumption that the vendor is selling such interest as is held by the tenant subject to any interest inferior to the interest of the tenant;

(b) on the assumption that Chapter I and this Chapter confer no right to acquire any interest in any premises containing the tenant’s flat or to acquire any new lease;

(c) on the assumption that any increase in the value of the flat which is attributable to an improvement carried out at his own expense by the tenant or by any predecessor in title is to be disregarded; and

(d) on the assumption that (subject to paragraph (b)) the vendor is selling with and subject to the rights and burdens with and subject to which any interest inferior to the existing lease of the tenant has effect.

(2) It is hereby declared that the fact that sub-paragraph (1) requires assumptions to be made in relation to particular matters does not preclude the making of assumptions as to other matters where those assumptions are appropriate for determining the amount which at the valuation date the interest of the tenant under his existing lease might be expected to realise if sold as mentioned in that sub-paragraph.

(3) In determining any such amount there shall be made such deduction (if any) in respect of any defect in title as on a sale of that interest on the open market might be expected to be allowed between a willing seller and a willing buyer.

(4) Subject to sub-paragraph (5), the value of the interest of the tenant under his existing lease shall not be increased by reason of—

(a) any transaction which—

(i) is entered into after 19th January 1996, and

(ii) involves the creation or transfer of an interest inferior to the tenant’s existing lease; or

(b) any alteration after that date of the terms on which any such inferior interest is held.

(5) Sub-paragraph (4) shall not apply to any transaction which falls within paragraph (a) of that sub-paragraph if—

(a) the transaction is entered into in pursuance of a contract entered into on or before the date mentioned in that paragraph; and

(b) the amount of the premium payable by the tenant in respect of the grant of the new lease was determined on or before that date either by agreement or by a leasehold valuation tribunal under this Chapter.

4B (1) Subject to the provisions of this paragraph, the value of the interest to be held by the tenant under the new lease is the amount which at the valuation date that interest (assuming it to have been granted to him at that date) might be expected to realise if sold on the open market by a willing seller (with the owner of any interest superior to the interest of the tenant not buying or seeking to buy) on the following assumptions—

(a) on the assumption that the vendor is selling such interest as is to be held by the tenant under the new lease subject to the inferior interests to which the tenant’s existing lease is subject at the valuation date;

(b) on the assumption that Chapter I and this Chapter confer no right to acquire any interest in any premises containing the tenant’s flat or to acquire any new lease;

(c) on the assumption that there is to be disregarded any increase in the value of the flat which would fall to be disregarded under paragraph (c) of sub-paragraph (1) of paragraph 4A in valuing in accordance with that sub-paragraph the interest of the tenant under his existing lease; and

(d) on the assumption that (subject to paragraph (b)) the vendor is selling with and subject to the rights and burdens with and subject to which any interest inferior to the tenant’s existing lease at the valuation date then has effect.

(2) It is hereby declared that the fact that sub-paragraph (1) requires assumptions to be made in relation to particular matters does not preclude the making of assumptions as to other matters where those assumptions are appropriate for determining the amount which at the valuation date the interest to be held by the tenant under the new lease might be expected to realise if sold as mentioned in that sub-paragraph.

(3) In determining any such amount there shall be made such deduction (if any) in respect of any defect in title as on a sale of that interest on the open market might be expected to be allowed between a willing seller and a willing buyer.

(4) Subject to sub-paragraph (5), the value of the interest to be held by the tenant under the new lease shall not be decreased by reason of—

(a) any transaction which—

(i) is entered into after 19th January 1996, and

(ii) involves the creation or transfer of an interest inferior to the tenant’s existing lease; or

(b) any alteration after that date of the terms on which any such inferior interest is held.

(5) Sub-paragraph (4) shall not apply to any transaction which falls within paragraph (a) of that sub-paragraph if—

(a) the transaction is entered into in pursuance of a contract entered into on or before the date mentioned in that paragraph; and

(b) the amount of the premium payable by the tenant in respect of the grant of the new lease was determined on or before that date either by agreement or by a leasehold valuation tribunal under this Chapter.”.

(5) This section applies in relation to any claim made after 19th January 1996 by the giving of notice under section 42 of the Act of 1993 unless the amount of the premium payable in pursuance of the claim has been determined, either by agreement or by a leasehold valuation tribunal under Chapter II of the Act of 1993, before the day on which this Act is passed.

Trusts E+W

F272 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F272 S. 111 repealed (26.7.2002 for E. and 1.1.2003 for W.) by 2002 c. 15, s. 180, Sch. 14; S.I. 2002/1912, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to transitional provisions and savings in Sch. 2); S.I. 2002/3012, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to transitional provisions and savings in Sch. 2)

F273 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F273 S. 112 repealed (26.7.2002 for E. and 1.1.2003 for W.) by 2002 c. 15, s. 180, Sch. 14; S.I. 2002/1912, art. 2(b)(ii), Sch. 1 Pt. 2 (subject to transitional provisions and savings in Sch. 2); S.I. 2002/3012, art. 2(b)(ii), Sch. 1 Pt. 2 (subject to transitional provisions and savings in Sch. 2)

113 Powers of trustees. E+W

After section 93 of the Leasehold Reform, Housing and Urban Development Act 1993 there shall be inserted—

“93A Powers of trustees in relation to rights under Chapters I and II.

(1) Where trustees are a qualifying tenant of a flat for the purposes of Chapter I or II, their powers under the instrument regulating the trusts shall include power to participate in the exercise of the right to collective enfranchisement under Chapter I or, as the case may be, to exercise the right to a new lease under Chapter II.

(2) Subsection (1) shall not apply where the instrument regulating the trusts—

(a) is made on or after the day on which section 113 of the Housing Act 1996 comes into force, and

(b) contains an explicit direction to the contrary.

(3) The powers conferred by subsection (1) shall be exercisable with the like consent or on the like direction (if any) as may be required for the exercise of the trustees’ powers (or ordinary powers) of investment.

(4) The following purposes, namely—

(a) those authorised for the application of capital money by section 73 of the M60 Settled Land Act 1925, or by that section as applied by section 28 of the M61 Law of Property Act 1925 in relation to trusts for sale, and

(b) those authorised by section 71 of the Settled Land Act 1925, or by that section as so applied, as purposes for which moneys may be raised by mortgage,

shall include the payment of any expenses incurred by a tenant for life or statutory owners or by trustees for sale, as the case may be, in or in connection with participation in the exercise of the right to collective enfranchisement under Chapter I or in or in connection with the exercise of the right to a new lease under Chapter II.”.

Modifications etc. (not altering text)

C85 S. 113 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para 4.

Marginal Citations

M60 1925 c. 18.

M61 1925 c. 20.

Miscellaneous U.K.

114 Minor amendment of section 1(1)(a) of Leasehold Reform Act 1967. E+W

In section 1 of the M62 Leasehold Reform Act 1967 (tenants entitled to enfranchisement or extension), in subsection (1)(a)—

(a) in sub-paragraph (i), for the words from “or (where” to “that date,” there shall be substituted “ , or on or after 1st April 1990 in pursuance of a contract made before that date, and the house and premises had a rateable value at the date of commencement of the tenancy or else at any time before 1st April 1990, ”, and

(b) in sub-paragraph (ii), for the words from “is entered” to “1990),” there shall be substituted “ does not fall within sub-paragraph (i) above, ”.

Modifications etc. (not altering text)

C86 S. 114 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 3

Marginal Citations

M62 1967 c. 88.

115 Power for leasehold valuation tribunal to determine amount of costs payable under Leasehold Reform Act 1967. E+W

In section 21(1) of the Leasehold Reform Act 1967 (matters to be determined by leasehold valuation tribunal), after paragraph (b) there shall be inserted—

“(ba) the amount of any costs payable under section 9(4) or 14(2);”.

Modifications etc. (not altering text)

C87 S. 115 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 3

116 Compensation for postponement of termination in connection with ineffective claims. E+W

Schedule 11 (which makes, in relation to claims to enfranchisement or an extended lease under Part I of the Leasehold Reform Act 1967 and claims to collective enfranchisement or a new lease under Chapter I or II of Part I of the M63 Leasehold Reform, Housing and Urban Development Act 1993, provision for compensation of the landlord where the claim has prolonged an existing tenancy, but is ineffective) shall have effect.

Marginal Citations

M63 1993 c. 28.

117 Priority of interests on grant of new lease. E+W

After section 58 of the M64 Leasehold Reform, Housing and Urban Development Act 1993 there shall be inserted—

“58A Priority of interests on grant of new lease.

(1) Where a lease granted under section 56 takes effect subject to two or more interests to which the existing lease was subject immediately before its surrender, the interests shall have the same priority in relation to one another on the grant of the new lease as they had immediately before the surrender of the existing lease.

(2) Subsection (1) is subject to agreement to the contrary.

(3) Where a person who is entitled on the grant of a lease under section 56 to rights of occupation in relation to the flat comprised in that lease was entitled immediately before the surrender of the existing lease to rights of occupation in relation to the flat comprised in that lease, the rights to which he is entitled on the grant of the new lease shall be treated as a continuation of the rights to which he was entitled immediately before the surrender of the existing lease.

(4) In this section—

• “the existing lease”, in relation to a lease granted under section 56, means the lease surrendered on the grant of the new lease, and

• “rights of occupation” has the same meaning as in the M65 Matrimonial Homes Act 1983.”.

Marginal Citations

M64 1993 c. 28.

M65 1983 c. 19.

118 Estate management schemes in connection with enfranchisement by virtue of s. 106. U.K.

(1) Chapter IV of Part I of the 1993 Act, except section 75(1), (estate management schemes in connection with enfranchisement by virtue of that Act) shall also have effect subject to the modifications mentioned in subsections (2) to (4) below.

(2) In section 69(1) (definition of estate management schemes), for paragraphs (a) and (b) there shall be substituted—

“(a) acquiring the landlord’s interest in their house and premises (“the house”) under Part I of the M66 Leasehold Reform Act 1967 by virtue of the provisions of section 1AA of that Act (as inserted by paragraph 1 of Schedule 9 to the Housing Act 1996), or

(b) acquiring the landlord’s interest in any premises (“the premises”) in accordance with Chapter I of this Part of this Act by virtue of the amendments of that Chapter made by paragraph 3 of Schedule 9 to the Housing Act 1996,”.

(3) In section 70 (time limit for applications for approval), for “two years beginning with the date of the coming into force of this section” there shall be substituted “ two years beginning with the coming into force of section 118 of the Housing Act 1996 ”.

(4) In section 74 (effect of application for approval on claim to acquire freehold), in subsection (1)—

(a) in paragraph (b), in sub-paragraph (i), the words from “being” to the end shall be omitted, and

(b) after that paragraph there shall be inserted “and

(c) in the case of an application for the approval of a scheme as an estate management scheme, the scheme would extend to the house or premises if acquired in pursuance of the notice.”.

(5) Section 94(6) to (8) of the 1993 Act (estate management schemes relating to Crown land) shall also have effect with the substitution for any reference to a provision of Chapter IV of Part I of that Act of a reference to that provision as it has effect by virtue of subsection (1) above.

(6) In section 33 of the M67 National Heritage Act 1983 (general functions of the Historic Buildings and Monuments Commission for England), after subsection (2B) there shall be inserted—

“(2C) In subsection (2B), references to provisions of the M68 Leasehold Reform, Housing and Urban Development Act 1993 include references to those provisions as they have effect by virtue of section 118(1) of the Housing Act 1996.”.

(7) In section 72 of the M69 Planning (Listed Buildings and Conservation Areas) Act 1990 (general duty as respects conservation area in exercise of planning functions), at the end there shall be inserted—

“(3) In subsection (2), references to provisions of the Leasehold Reform, Housing and Urban Development Act 1993 include references to those provisions as they have effect by virtue of section 118(1) of the Housing Act 1996.”.

(8) In this section, “the 1993 Act” means the Leasehold Reform, Housing and Urban Development Act 1993.

Modifications etc. (not altering text)

C88 S. 118 restricted (5.3.1997) by S.I. 1997/618, art.2, Sch. para. 3

Marginal Citations

M66 1967 c. 88.

M67 1983 c. 47.

M68 1993 c. 28.

M69 1990 c. 9.

F274 119 Leasehold valuation tribunals: pre-trial review. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F274 S. 119 repealed (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 14; S.I. 2003/1986, art. 2(c)(iv), Sch. 1 Pt. 1 (with Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 Pt. 1 (with Sch. 2)

Commencement Information

I30 S. 119 partly in force; s. 119 not in force at Royal Assent see s. 232(1)-(3); s. 119 in force for certain purposes at 23.8.1996 by S.I. 1996/2212, art. 2(1)

Part IV E+W+S Housing benefit and related matters

120 Payment of housing benefit to third parties. E+W+S

(1) In section 5 of the M70 Social Security Administration Act 1992 (regulations about claims for and payments of benefit), after subsection (5) insert—

“(6) As it has effect in relation to housing benefit subsection (1)(p) above authorises provision requiring the making of payments of benefit to another person, on behalf of the beneficiary, in such circumstances as may be prescribed.”.

(2) The above amendment shall be deemed always to have had effect; and provision corresponding to that made by the amendment shall be deemed to have had effect at all material times in relation to corresponding earlier enactments.

Marginal Citations

M70 1992 c. 5.

121 Administration of housing benefit, &c. E+W+S

Part VIII of the Social Security Administration Act 1992 (arrangements for housing benefit and council tax benefit and related subsidies) is amended in accordance with Schedule 12.

122 Functions of rent officers in connection with housing benefit and rent allowance subsidy. E+W+S

(1) The Secretary of State may by order require rent officers to carry out such functions as may be specified in the order in connection with housing benefit and rent allowance subsidy.

(2) Without prejudice to the generality of subsection (1), an order under this section may contain provision—

(a) enabling a prospective landlord to apply for a determination for the purposes of any application for housing benefit which may be made by a tenant of a dwelling which he proposes to let;

(b) as to the payment of a fee by the landlord for that determination;

(c) requiring the landlord to give a copy of the determination to the appropriate local authority; and

(d) enabling the appropriate local authority to seek a redetermination when a claim for housing benefit or rent allowance subsidy is made.

F275 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In relation to rent allowance subsidy, the Secretary of State may by order under section 140B of the Social Security Administration Act 1992—

(a) provide for any calculation under subsection (2) of that section to be made,

(b) specify any additions and deductions as are referred to in [F276 subsection (4) or (5) of that section] , and

(c) exercise his discretion as to what is unreasonable for the purposes of subsection [F277 (5)(b)] of that section,

by reference to determinations made by rent officers in exercise of functions conferred on them under this section.

(5) The Secretary of State may by any such [F278 order as is mentioned in subsection (4)] require a local authority in any prescribed case—

(a) to apply to a rent officer for a determination to be made in pursuance of the functions conferred on them under this section, and

(b) to do so within such time as may be specified in the order F279 ....

(6) An order under this section—

(a) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b) may make different provision for different cases or classes of case and for different areas; and

(c) may contain such transitional, incidental and supplementary provisions as appear to the Secretary of State to be desirable.

(7) In this section “housing benefit” and “rent allowance subsidy” have the same meaning as in Part VIII of the M71 Social Security Administration Act 1992.

Textual Amendments

F275 S. 122(3) repealed (7.4.2008) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 8; S.I. 2007/2872, art. 2(1)(c) (with arts. 3-5)

F276 Words in s. 122(4)(b) substituted (retrospective to 18.9.2003) by Local Government Act 2003 (c. 26), s. 128(1)(b), Sch. 7 para. 60(1)(a)

F277 Word in s. 122(4)(c) substituted (retrospective to 18.9.2003) by Local Government Act 2003 (c. 26), s. 128(1)(b), Sch. 7 para. 60(1)(b)

F278 Words in s. 122(5) substituted (7.4.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 5 para. 12; S.I. 2007/2872, art. 2(1)(d) (with arts. 3-5)

F279 Words in s. 122(5)(b) repealed (7.4.2008) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 8; S.I. 2007/2872, art. 2(1)(c) (with arts. 3-5)

Marginal Citations

M71 1992 c. 5.

123 Consequential amendments: Part IV. E+W+S

The enactments mentioned in Schedule 13 have effect with the amendments specified there which are consequential on the provisions of this Part.

Part V E+W Conduct of tenants

Chapter I E+W Introductory Tenancies

General provisions E+W

124 Introductory tenancies. E+W

(1) A local housing authority or a housing action trust may elect to operate an introductory tenancy regime.

(2) When such an election is in force, every periodic tenancy of a dwelling-house entered into or adopted by the authority or trust shall, if it would otherwise be a secure tenancy, be an introductory tenancy, unless immediately before the tenancy was entered into or adopted the tenant or, in the case of joint tenants, one or more of them was—

(a) a secure tenant of the same or another dwelling-house, or

[F280 (b) a tenant under a relevant assured tenancy, other than an assured shorthold tenancy, of the same or another dwelling-house.]

[F281 (2A) In subsection (2)(b) “relevant assured tenancy” means—

(a) an assured tenancy in respect of social housing under which the landlord is a private registered provider of social housing, or

(b) an assured tenancy under which the landlord is a registered social landlord;

and for these purposes “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.]

(3) Subsection (2) does not apply to a tenancy entered into or adopted in pursuance of a contract made before the election was made.

(4) For the purposes of this Chapter a periodic tenancy is adopted by a person if that person becomes the landlord under the tenancy, whether on a disposal or surrender of the interest of the former landlord.

(5) An election under this section may be revoked at any time, without prejudice to the making of a further election.

Textual Amendments

F280 S. 124(2)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 96(2) (with art. 6, Sch. 3)

F281 S. 124(2A) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 96(3) (with art. 6, Sch. 3)

Modifications etc. (not altering text)

C89 S. 124 modified (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 12(6)(b) (with Sch. 7 para. 12(9)); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C90 S. 124 modified (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 4(6)(b); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

125 Duration of introductory tenancy. E+W

(1) A tenancy remains an introductory tenancy until the end of the trial period, unless one of the events mentioned in subsection (5) occurs before the end of that period.

(2) The “trial period” is the period of one year beginning with—

(a) in the case of a tenancy which was entered into by a local housing authority or housing action trust—

(i) the date on which the tenancy was entered into, or

(ii) if later, the date on which a tenant was first entitled to possession under the tenancy; or

(b) in the case of a tenancy which was adopted by a local housing authority or housing action trust, the date of adoption;

[F282 but this is subject to subsections (3) and (4) and to section 125A (extension of trial period by 6 months). ] .

(3) Where the tenant under an introductory tenancy was formerly a tenant under another introductory tenancy, [F283 or a relevant assured shorthold tenancy] , any period or periods during which he was such a tenant shall count towards the trial period, provided—

(a) if there was one such period, it ended immediately before the date specified in subsection (2), and

(b) if there was more than one such period, the most recent period ended immediately before that date and each period succeeded the other without interruption.

[F284 (3A) In subsection (3) “relevant assured shorthold tenancy” means—

(a) an assured shorthold tenancy in respect of social housing under which the landlord is a private registered provider of social housing, or

(b) an assured shorthold tenancy under which the landlord is a registered social landlord;

and for these purposes “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.]

(4) Where there are joint tenants under an introductory tenancy, the reference in subsection (3) to the tenant shall be construed as referring to the joint tenant in whose case the application of that subsection produces the earliest starting date for the trial period.

(5) A tenancy ceases to be an introductory tenancy if, before the end of the trial period—

(a) the circumstances are such that the tenancy would not otherwise be a secure tenancy,

(b) a person or body other than a local housing authority or housing action trust becomes the landlord under the tenancy,

(c) the election in force when the tenancy was entered into or adopted is revoked, or

(d) the tenancy ceases to be an introductory tenancy by virtue of section 133(3) (succession).

(6) A tenancy does not come to an end merely because it ceases to be an introductory tenancy, but a tenancy which has once ceased to be an introductory tenancy cannot subsequently become an introductory tenancy.

(7) This section has effect subject to section 130 (effect of beginning proceedings for possession).

Textual Amendments

F282 Words in s. 125(2) substituted (6.6.2005 for E., 25.11.2005 for W.) by Housing Act 2004 (c. 34), ss. 179(2), 270(4), (5)(c) (with s. 179(4)); S.I. 2005/1451, art. 2(a); S.I. 2005/3237, arts. 1(2), 2(f)

F283 Words in s. 125(3) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 97(2) (with art. 6, Sch. 3)

F284 S. 125(3A) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 97(3) (with art. 6, Sch. 3)

[F285 125A Extension of trial period by 6 months E+W

(1) If both of the following conditions are met in relation to an introductory tenancy, the trial period is extended by 6 months.

(2) The first condition is that the landlord has served a notice of extension on the tenant at least 8 weeks before the original expiry date.

(3) The second condition is that either—

(a) the tenant has not requested a review under section 125B in accordance with subsection (1) of that section, or

(b) if he has, the decision on the review was to confirm the landlord’s decision to extend the trial period.

(4) A notice of extension is a notice—

(a) stating that the landlord has decided that the period for which the tenancy is to be an introductory tenancy should be extended by 6 months, and

(b) complying with subsection (5).

(5) A notice of extension must—

(a) set out the reasons for the landlord’s decision, and

(b) inform the tenant of his right to request a review of the landlord’s decision and of the time within which such a request must be made.

(6) In this section and section 125B “the original expiry date” means the last day of the period of one year that would apply as the trial period apart from this section.

Textual Amendments

F285 Ss. 125A, 125B inserted (18.11.2004 for specified purposes) by Housing Act 2004 (c. 34), ss. 179(3), 270(2)(b) (with s. 179(4))

125B Review of decision to extend trial period E+W

(1) A request for review of the landlord’s decision that the trial period for an introductory tenancy should be extended under section 125A must be made before the end of the period of 14 days beginning with the day on which the notice of extension is served.

(2) On a request being duly made to it, the landlord shall review its decision.

(3) The Secretary of State may make provision by regulations as to the procedure to be followed in connection with a review under this section.

Nothing in the following provisions affects the generality of this power.

(4) Provision may be made by regulations—

(a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and

(b) as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom he may be represented at such a hearing.

(5) The landlord shall notify the tenant of the decision on the review.

If the decision is to confirm the original decision, the landlord shall also notify him of the reasons for the decision.

(6) The review shall be carried out and the tenant notified before the original expiry date.]

Textual Amendments

F285 Ss. 125A, 125B inserted (18.11.2004 for specified purposes) by Housing Act 2004 (c. 34), ss. 179(3), 270(2)(b) (with s. 179(4))

126 Licences. E+W

(1) The provisions of this Chapter apply in relation to a licence to occupy a dwelling-house (whether or not granted for a consideration) as they apply in relation to a tenancy.

(2) Subsection (1) does not apply to a licence granted as a temporary expedient to a person who entered the dwelling-house or any other land as a trespasser (whether or not, before the grant of that licence, another licence to occupy that or another dwelling-house had been granted to him).

Proceedings for possession E+W

127 Proceedings for possession. E+W

(1) The landlord may only bring an introductory tenancy to an end by obtaining [F286 —

(a) an order of the court for the possession of the dwelling-house, and

(b) the execution of the order.]

[F287 (1A) In such a case, the tenancy ends when the order is executed.]

(2) The court shall make [F288 an order of the kind mentioned in subsection (1)(a)] unless the provisions of section 128 apply.

F289 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F286 Words in s. 127(1) substituted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 11 para. 11(2) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F287 S. 127(1A) inserted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 11 para. 11(3) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F288 Words in s. 127(2) substituted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 11 para. 11(4) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F289 S. 127(3) repealed (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 11 para. 11(5), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

128 Notice of proceedings for possession. E+W

(1) The court shall not entertain proceedings for the possession of a dwelling-house let under an introductory tenancy unless the landlord has served on the tenant a notice of proceedings complying with this section.

(2) The notice shall state that the court will be asked to make an order for the possession of the dwelling-house.

(3) The notice shall set out the reasons for the landlord’s decision to apply for such an order.

(4) The notice shall specify a date after which proceedings for the possession of the dwelling-house may be begun.

The date so specified must not be earlier than the date on which the tenancy could, apart from this Chapter, be brought to an end by notice to quit given by the landlord on the same date as the notice of proceedings.

(5) The court shall not entertain any proceedings for possession of the dwelling-house unless they are begun after the date specified in the notice of proceedings.

(6) The notice shall inform the tenant of his right to request a review of the landlord’s decision to seek an order for possession and of the time within which such a request must be made.

(7) The notice shall also inform the tenant that if he needs help or advice about the notice, and what to do about it, he should take it immediately to a Citizens’ Advice Bureau, a housing aid centre, a law centre or a solicitor.

129 Review of decision to seek possession. E+W

(1) A request for review of the landlord’s decision to seek an order for possession of a dwelling-house let under an introductory tenancy must be made before the end of the period of 14 days beginning with the day on which the notice of proceedings is served.

(2) On a request being duly made to it, the landlord shall review its decision.

(3) The Secretary of State may make provision by regulations as to the procedure to be followed in connection with a review under this section.

Nothing in the following provisions affects the generality of this power.

(4) Provision may be made by regulations—

(a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and

(b) as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom he may be represented at such a hearing.

(5) The landlord shall notify the person concerned of the decision on the review.

If the decision is to confirm the original decision, the landlord shall also notify him of the reasons for the decision.

(6) The review shall be carried out and the tenant notified before the date specified in the notice of proceedings as the date after which proceedings for the possession of the dwelling-house may be begun.

Commencement Information

I31 S. 129 wholly in force 4.2.1997: s. 129 not in force at Royal Assent, see s. 232(1)-(3); s. 129(3)(4) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 129(1)(2)(5)(6) in force at 4.2.1997 by S.I. 1997/66, art. 2

130 Effect of beginning proceedings for possession. E+W

(1) This section applies where the landlord has begun proceedings for the possession of a dwelling-house let under an introductory tenancy and—

(a) the trial period ends, or

(b) any of the events specified in section 125(5) occurs (events on which a tenancy ceases to be an introductory tenancy).

(2) Subject to the following provisions, the tenancy remains an introductory tenancy until—

(a) the tenancy comes to an end [F290 in accordance with section 127(1A)] , or

(b) the proceedings are otherwise finally determined.

(3) If any of the events specified in section 125(5)(b) to (d) occurs, the tenancy shall thereupon cease to be an introductory tenancy but—

(a) the landlord (or, as the case may be, the new landlord) may continue the proceedings, and

(b) if he does so, section [F291 127(1A) and (2)] (termination by landlord) apply as if the tenancy had remained an introductory tenancy.

(4) Where in accordance with subsection (3) a tenancy ceases to be an introductory tenancy and becomes a secure tenancy, the tenant is not entitled to exercise the right to buy under Part V of the M72 Housing Act 1985 unless and until the proceedings are finally determined on terms such that he is not required to give up possession of the dwelling-house.

(5) For the purposes of this section proceedings shall be treated as finally determined if they are withdrawn or any appeal is abandoned or the time for appealing expires without an appeal being brought.

Textual Amendments

F290 Words in s. 130(2)(a) substituted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 11 para. 12(2) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F291 Words in s. 130(3)(b) substituted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 11 para. 12(3) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

Marginal Citations

M72 1985 c. 68.

Succession on death of tenant E+W

131 Persons qualified to succeed tenant. E+W

A person is qualified to succeed the tenant under an introductory tenancy if he occupies the dwelling-house as his only or principal home at the time of the tenant’s death and either—

(a) he is the tenant’s spouse [F292 or civil partner] , or

(b) he is another member of the tenant’s family and has resided with the tenant throughout the period of twelve months ending with the tenant’s death;

unless, in either case, the tenant was himself a successor, as defined in section 132.

Textual Amendments

F292 Words in s. 131(a) inserted (5.12.2005) by Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (S.I. 2005/3336), arts. 1, 20

132 Cases where the tenant is a successor. E+W

(1) The tenant is himself a successor if—

(a) the tenancy vested in him by virtue of section 133 (succession to introductory tenancy),

(b) he was a joint tenant and has become the sole tenant,

(c) he became the tenant on the tenancy being assigned to him (but subject to subsections (2) and (3)), or

(d) he became the tenant on the tenancy being vested in him on the death of the previous tenant.

(2) A tenant to whom the tenancy was assigned in pursuance of an order under section 24 of the M73 Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) or section 17(1) of the M74 Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.) is a successor only if the other party to the marriage was a successor.

[F293 (2A) A tenant to whom the tenancy was assigned in pursuance of an order under Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.) is a successor only if the other civil partner was a successor.]

(3) Where within six months of the coming to an end of an introductory tenancy (“the former tenancy”) the tenant becomes a tenant under another introductory tenancy, and—

(a) the tenant was a successor in relation to the former tenancy, and

(b) under the other tenancy either the dwelling-house or the landlord, or both, are the same as under the former tenancy,

the tenant is also a successor in relation to the other tenancy unless the agreement creating that tenancy otherwise provides.

Textual Amendments

F293 S. 132(2A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 52; S.I. 2005/3175, art. 2(1), Sch. 1

Marginal Citations

M73 1973 c. 18.

M74 1984 c. 42.

133 Succession to introductory tenancy. E+W

(1) This section applies where a tenant under an introductory tenancy dies.

(2) Where there is a person qualified to succeed the tenant, the tenancy vests by virtue of this section in that person, or if there is more than one such person in the one to be preferred in accordance with the following rules—

(a) the tenant’s spouse [F294 or civil partner ] is to be preferred to another member of the tenant’s family;

(b) of two or more other members of the tenant’s family such of them is to be preferred as may be agreed between them or as may, where there is no such agreement, be selected by the landlord.

(3) Where there is no person qualified to succeed the tenant, the tenancy ceases to be an introductory tenancy—

(a) when it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, unless the vesting or other disposal is in pursuance of an order made under—

(i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders made in connection with matrimonial proceedings),

(ii) section 17(1) of the M75 Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F295 ...

(iii) paragraph 1 of Schedule 1 to the M76 Children Act 1989 (orders for financial relief against parents); or

[F296 (iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.)]

(b) when it is known that when the tenancy is so vested or disposed of it will not be in pursuance of such an order.

Textual Amendments

F294 Words in s. 133(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 53(2); S.I. 2005/3175, art. 2(1), Sch. 1

F295 Word in s. 133(3)(a)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3175, art. 2(6)

F296 S. 133(3)(a)(iv) and word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 53(3); S.I. 2005/3175, art. 2(1), Sch. 1

Marginal Citations

M75 1984 c. 42.

M76 1989 c. 41.

Assignment E+W

134 Assignment in general prohibited. E+W

(1) An introductory tenancy is not capable of being assigned except in the cases mentioned in subsection (2).

(2) The exceptions are—

(a) an assignment in pursuance of an order made under—

(i) section 24 of the M77 Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F297 ...

(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents);[F298 , or

(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.)]

(b) an assignment to a person who would be qualified to succeed the tenant if the tenant died immediately before the assignment.

(3) Subsection (1) also applies to a tenancy which is not an introductory tenancy but would be if the tenant, or where the tenancy is a joint tenancy, at least one of the tenants, were occupying or continuing to occupy the dwelling-house as his only or principal home.

Textual Amendments

F297 Word in s. 134(2)(a)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3175, art. 2(6)

F298 S. 134(2)(a)(iv) and word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 54; S.I. 2005/3175, art. 2(1), Sch. 1

Marginal Citations

M77 1973 c. 18.

Repairs E+W

135 Right to carry out repairs. E+W

The Secretary of State may by regulations under section 96 of the M78 Housing Act 1985 (secure tenants: right to carry out repairs) apply to introductory tenants any provision made under that section in relation to secure tenants.

Marginal Citations

M78 1985 c. 68.

Provision of information and consultation E+W

136 Provision of information about tenancies. E+W

(1) Every local housing authority or housing action trust which lets dwelling-houses under introductory tenancies shall from time to time publish information about its introductory tenancies, in such form as it considers best suited to explain in simple terms, and, so far as it considers it appropriate, the effect of—

(a) the express terms of its introductory tenancies,

(b) the provisions of this Chapter, and

(c) the provisions of sections 11 to 16 of the M79 Landlord and Tenant Act 1985 (landlord’s repairing obligations),

and shall ensure that so far as is reasonably practicable the information so published is kept up to date.

(2) The landlord under an introductory tenancy shall supply the tenant with—

(a) a copy of the information for introductory tenants published by it under subsection (1), and

(b) a written statement of the terms of the tenancy, so far as they are neither expressed in the lease or written tenancy agreement (if any) nor implied by law;

and the statement required by paragraph (b) shall be supplied on the grant of the tenancy or as soon as practicable afterwards.

Marginal Citations

M79 1985 c. 70.

137 Consultation on matters of housing management. E+W

(1) This section applies in relation to every local housing authority and housing action trust which lets dwelling-houses under introductory tenancies and which is a landlord authority for the purposes of Part IV of the M80 Housing Act 1985 (secure tenancies).

(2) The authority or trust shall maintain such arrangements as it considers appropriate to enable those of its introductory tenants who are likely to be substantially affected by a relevant matter of housing management—

(a) to be informed of the proposals of the authority or trust in respect of the matter, and

(b) to make their views known to the authority or trust within a specified period;

and the authority or trust shall, before making a decision on the matter, consider any representations made to it in accordance with those arrangements.

(3) A matter is one of housing management if, in the opinion of the authority or trust concerned, it relates to—

(a) the management, improvement, maintenance or demolition of dwelling-houses let by the authority or trust under introductory or secure tenancies, or

(b) the provision of services or amenities in connection with such dwelling-houses;

but not so far as it relates to the rent payable under an introductory or secure tenancy or to charges for services or facilities provided by the authority or trust.

(4) A matter is relevant if, in the opinion of the authority or trust concerned, it represents—

(a) a new programme of maintenance, improvement or demolition, or

(b) a change in the practice or policy of the authority or trust,

and is likely substantially to affect either its introductory tenants as a whole or a group of them who form a distinct social group or occupy dwelling-houses which constitute a distinct class (whether by reference to the kind of dwelling-house, or the housing estate or other larger area in which they are situated).

(5) In the case of a local housing authority, the reference in subsection (3) to the provision of services or amenities is a reference only to the provision of services or amenities by the authority acting in its capacity as landlord of the dwelling-houses concerned.

(6) The authority or trust shall publish details of the arrangements which it makes under this section, and a copy of the documents published under this subsection shall—

(a) be made available at its principal office for inspection at all reasonable hours, without charge, by members of the public, and

(b) be given, on payment of a reasonable fee, to any member of the public who asks for one.

Marginal Citations

M80 1985 c. 68.

Supplementary E+W

138 Jurisdiction of county court. E+W

(1) A county court has jurisdiction to determine questions arising under this Chapter and to entertain proceedings brought under this Chapter and claims, for whatever amount, in connection with an introductory tenancy.

(2) That jurisdiction includes jurisdiction to entertain proceedings as to whether a statement supplied in pursuance of section 136(2)(b) (written statement of certain terms of tenancy) is accurate notwithstanding that no other relief is sought than a declaration.

(3) If a person takes proceedings in the High Court which, by virtue of this section, he could have taken in the county court, he is not entitled to recover any costs.

F299 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F299 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F299 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F299 S. 138(4)-(6) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 257, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(v), 30(b)

Commencement Information

I32 S. 138 wholly in force 4.2.1997: s. 138 not in force at Royal Assent, see s. 232(1)-(3); s. 138(4)-(6) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 138(1)-(3) in force at 4.2.1997 by S.I. 1997/66, art. 2

139 Meaning of “dwelling-house”. E+W

(1) For the purposes of this Chapter a dwelling-house may be a house or a part of a house.

(2) Land let together with a dwelling-house shall be treated for the purposes of this Chapter as part of the dwelling-house unless the land is agricultural land which would not be treated as part of a dwelling-house for the purposes of Part IV of the M81 Housing Act 1985 (see section 112(2) of that Act).

Marginal Citations

M81 1985 c. 68.

140 Members of a person’s family: Chapter I. E+W

(1) A person is a member of another’s family within the meaning of this Chapter if—

(a) he is the spouse [F300 or civil partner] of that person, or he and that person live together as husband and wife [F301 or as if they were civil partners], or

(b) he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2) For the purpose of subsection (1)(b)—

(a) a relationship by marriage [F302 or civil partnership] shall be treated as a relationship by blood,

(b) a relationship of the half-blood shall be treated as a relationship of the whole blood, and

(c) the stepchild of a person shall be treated as his child.

Textual Amendments

F300 Words in s. 140(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 51(2)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F301 Words in s. 140(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 51(2)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F302 Words in s. 140(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 51(3); S.I. 2005/3175, art. 2(1), Sch. 1

141 Consequential amendments: introductory tenancies. E+W

(1) The enactments mentioned in Schedule 14 have effect with the amendments specified there which are consequential on the provisions of this Chapter.

(2) The Secretary of State may by order make such other amendments or repeals of any enactment as appear to him necessary or expedient in consequence of the provisions of this Chapter.

(3) Without prejudice to the generality of subsection (2), an order under that subsection may make such provision in relation to an enactment as the Secretary of State considers appropriate as regards its application (with or without modifications) or non-application in relation to introductory tenants or introductory tenancies.

Commencement Information

I33 S. 14 who1ly in force 4.2.1997: s. 141 not in force at Royal Assent, see s. 232(1)-(3); s. 141(2)(3) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 141(1) in force at 4.2.1997 by S.I. 1997/66, art. 2

142 Regulations and orders. E+W

Any regulations or order under this Part—

(a) may contain such incidental, supplementary or transitional provisions, or savings, as the Secretary of State thinks fit, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

143 Index of defined expressions: introductory tenancies. E+W

The following Table shows provisions defining or otherwise explaining provisions used in this Chapter (other than provisions defining or explaining an expression in the same section)—

adopt (in relation to periodic tenancy)	section 124(4)
assured tenancy and assured shorthold tenancy	section 230
dwelling-house	section 139
housing action trust	section 230
introductory tenancy and introductory tenant	section 124
local housing authority	section 230
member of family	section 140
registered social landlord	section 2
secure tenancy and secure tenant	section 230

[F303 Chapter 1A E+W

Textual Amendments

F303 Pt. 5 Ch. 1A inserted (30.6.2004 for E., 30.9.2004 for W. for specified purposes, 30.4.2005 for W. so far as not already in force) by Anti Social Behaviour Act 2003 (c. 38), s. 93, Sch. 1 para. 1; S.I. 2004/1502, art. 2(a)(iii); S.I. 2004/2557, art. 2(a)(ii); S.I. 2005/1225, art. 2(b)

General provisions E+W

Demoted tenancies E+W

143A Demoted tenancies E+W

(1) This section applies to a periodic tenancy of a dwelling-house if each of the following conditions is satisfied.

(2) The first condition is that the landlord is either a local housing authority or a housing action trust.

(3) The second condition is that the tenant condition in section 81 of the Housing Act 1985 is satisfied.

(4) The third condition is that the tenancy is created by virtue of a demotion order under section 82A of that Act.

(5) In this Chapter—

(a) a tenancy to which this section applies is referred to as a demoted tenancy;

(b) references to demoted tenants must be construed accordingly.

Duration of demoted tenancy E+W

143B Duration of demoted tenancy E+W

(1) A demoted tenancy becomes a secure tenancy at the end of the period of one year (the demotion period) starting with the day the demotion order takes effect; but this is subject to subsections (2) to (5).

(2) A tenancy ceases to be a demoted tenancy if any of the following paragraphs applies—

(a) either of the first or second conditions in section 143A ceases to be satisfied;

(b) the demotion order is quashed;

(c) the tenant dies and no one is entitled to succeed to the tenancy.

(3) If at any time before the end of the demotion period the landlord serves a notice of proceedings for possession of the dwelling-house subsection (4) applies.

(4) The tenancy continues as a demoted tenancy until the end of the demotion period or (if later) until any of the following occurs—

(a) the notice of proceedings is withdrawn by the landlord;

(b) the proceedings are determined in favour of the tenant;

(c) the period of 6 months beginning with the date on which the notice is served ends and no proceedings for possession have been brought.

(5) A tenancy does not come to an end merely because it ceases to be a demoted tenancy.

Change of landlord E+W

143C Change of landlord E+W

(1) A tenancy continues to be a demoted tenancy for the duration of the demotion period if—

(a) at the time the demoted tenancy is created the interest of the landlord belongs to a local housing authority or a housing action trust, and

(b) during the demotion period the interest of the landlord transfers to another person who is a local housing authority or a housing action trust.

(2) Subsections (3) and (4) apply if—

(a) at the time the demoted tenancy is created the interest of the landlord belongs to a local housing authority or a housing action trust, and

(b) during the demotion period the interest of the landlord transfers to a person who is not such a body.

(3) If the new landlord is [F304 a private registered provider of social housing,] a registered social landlord or a person who does not satisfy the landlord condition the tenancy becomes an assured shorthold tenancy.

[F305 (4) If the new landlord—

(a) is neither a private registered provider of social housing nor a registered social landlord, and

(b) satisfies the landlord condition,

the tenancy becomes a secure tenancy.]

(5) The landlord condition must be construed in accordance with section 80 of the Housing Act 1985.]

Textual Amendments

F304 Words in s. 143C(3) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 98(2) (with art. 6, Sch. 3)

F305 S. 143C(4) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 98(3) (with art. 6, Sch. 3)

[F303 Proceedings for possession E+W

Proceedings for possession E+W

143D Proceedings for possession E+W

(1) The landlord may only bring a demoted tenancy to an end by obtaining [F306 —

(a) an order of the court for the possession of the dwelling-house, and

(b) the execution of the order.]

[F307 (1A) In such a case, the tenancy ends when the order is executed.]

(2) The court must make an order for possession unless it thinks that the procedure under sections 143E and 143F has not been followed.

F308 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F306 Words in s. 143D(1) substituted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 11 para. 13(2) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F307 S. 143D(1A) inserted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 11 para. 13(3) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F308 S. 143D(3) repealed (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 11 para. 13(4), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

Notice of proceedings for possession E+W

143E Notice of proceedings for possession E+W

(1) Proceedings for possession of a dwelling-house let under a demoted tenancy must not be brought unless the landlord has served on the tenant a notice of proceedings under this section.

(2) The notice must—

(a) state that the court will be asked to make an order for the possession of the dwelling-house;

(b) set out the reasons for the landlord’s decision to apply for the order;

(c) specify the date after which proceedings for the possession of the dwelling-house may be begun;

(d) inform the tenant of his right to request a review of the landlord’s decision and of the time within which the request must be made.

(3) The date specified under subsection (2)(c) must not be earlier than the date on which the tenancy could (apart from this Chapter) be brought to an end by notice to quit given by the landlord on the same date as the notice of proceedings.

(4) The court must not entertain proceedings begun on or before the date specified under subsection (2)(c).

(5) The notice must also inform the tenant that if he needs help or advice—

(a) about the notice, or

(b) about what to do about the notice,

he must take the notice immediately to a Citizen’s Advice Bureau, a housing aid centre, a law centre or a solicitor.

Review of decision to seek possession E+W

143F Review of decision to seek possession E+W

(1) Before the end of the period of 14 days beginning with the date of service of a notice for possession of a dwelling-house let under a demoted tenancy the tenant may request the landlord to review its decision to seek an order for possession.

(2) If a request is made in accordance with subsection (1) the landlord must review the decision.

(3) The Secretary of State may by regulations make provision as to the procedure to be followed in connection with a review under this section.

(4) The regulations may include provision—

(a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision;

(b) as to the circumstances in which the tenant is entitled to an oral hearing, and whether and by whom he may be represented at the hearing.

(5) The landlord must notify the tenant—

(a) of the decision on the review;

(b) of the reasons for the decision.

(6) The review must be carried out and notice given under subsection (5) before the date specified in the notice of proceedings as the date after which proceedings for possession of the dwelling-house may be begun.

Effect of proceedings for possession E+W

143G Effect of proceedings for possession E+W

(1) This section applies if the landlord has begun proceedings for the possession of a dwelling-house let under a demoted tenancy and—

(a) the demotion period ends, or

(b) any of paragraphs (a) to (c) of section 143B(2) applies (circumstances in which a tenancy ceases to be a demoted tenancy).

(2) If any of paragraphs (a) to (c) of section 143B(2) applies the tenancy ceases to be a demoted tenancy but the landlord (or the new landlord as the case may be) may continue the proceedings.

(3) Subsection (4) applies if in accordance with subsection (2) a tenancy ceases to be a demoted tenancy and becomes a secure tenancy.

(4) The tenant is not entitled to exercise the right to buy unless—

(a) the proceedings are finally determined, and

(b) he is not required to give up possession of the dwelling-house.

(5) The proceedings must be treated as finally determined if—

(a) they are withdrawn;

(b) any appeal is abandoned;

(c) the time for appealing expires without an appeal being brought.]

[F303 Succession E+W

Succession to demoted tenancy E+W

143H Succession to demoted tenancy E+W

(1) This section applies if the tenant under a demoted tenancy dies.

(2) If the tenant was a successor, the tenancy—

(a) ceases to be a demoted tenancy, but

(b) does not become a secure tenancy.

(3) In any other case a person is qualified to succeed the tenant if—

(a) he occupies the dwelling-house as his only or principal home at the time of the tenant’s death,

(b) he is a member of the tenant’s family, and

(c) he has resided with the tenant throughout the period of 12 months ending with the tenant’s death.

(4) If only one person is qualified to succeed under subsection (3) the tenancy vests in him by virtue of this section.

(5) If there is more than one such person the tenancy vests by virtue of this section in the person preferred in accordance with the following rules—

(a) the tenant’s [F309 spouse or civil partner or (if the tenant has neither spouse nor civil partner) ] the person mentioned in section 143P(1)(b) is to be preferred to another member of the tenant’s family;

(b) if there are two or more other members of the tenant’s family the person preferred may be agreed between them or (if there is no such agreement) selected by the landlord.

Textual Amendments

F309 Words in s. 143H(5)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 55; S.I. 2005/3175, art. 2(1), Sch. 1

No successor tenant: termination E+W

143I No successor tenant: termination E+W

(1) This section applies if the demoted tenant dies and no person is qualified to succeed to the tenancy as mentioned in section 143H(3).

(2) The tenancy ceases to be a demoted tenancy if either subsection (3) or (4) applies.

(3) This subsection applies if the tenancy is vested or otherwise disposed of in the course of the administration of the tenant’s estate unless the vesting or other disposal is in pursuance of an order under—

(a) section 23A or 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings);

(b) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, etc);

(c) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents).

[F310 (d) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).]

(4) This subsection applies if it is known that when the tenancy is vested or otherwise disposed of in the course of the administration of the tenant’s estate it will not be in pursuance of an order mentioned in subsection (3).

(5) A tenancy which ceases to be a demoted tenancy by virtue of this section cannot subsequently become a secure tenancy.

Textual Amendments

F310 S. 143I(3)(d) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 56; S.I. 2005/3175, art. 2(1), Sch. 1

Successor tenants E+W

143J Successor tenants E+W

(1) This section applies for the purpose of sections 143H and 143I.

(2) A person is a successor to a secure tenancy which is terminated by a demotion order if any of subsections (3) to (6) applies to him.

(3) The tenancy vested in him—

(a) by virtue of section 89 of the Housing Act 1985 or section 133 of this Act;

(b) under the will or intestacy of the preceding tenant.

(4) The tenancy arose by virtue of section 86 of the Housing Act 1985 and the original fixed term was granted—

(a) to another person, or

(b) to him jointly with another person.

(5) He became the tenant on the tenancy being assigned to him unless—

[F311 (a) the tenancy was assigned—

(i) in proceedings under section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) or section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, etc.), or

(ii) in proceedings under Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.),]

[F311 (b) where the tenancy was assigned as mentioned in paragraph (a)(i), neither he nor the other party to the marriage was a successor, and

(c) where the tenancy was assigned as mentioned in paragraph (a)(ii), neither he nor the other civil partner was a successor.]

(6) He became the tenant on assignment under section 92 of the Housing Act 1985 if he himself was a successor to the tenancy which he assigned in exchange.

(7) A person is the successor to a demoted tenancy if the tenancy vested in him by virtue of section 143H(4) or (5).

(8) A person is the successor to a joint tenancy if he has become the sole tenant.]

Textual Amendments

F311 Ss. 143J(5)(a)-(c) substituted for s. 143J(5)(a)(b) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 57; S.I. 2005/3175, art. 2(1), Sch. 1

[F303 Assignment E+W

Restriction on assignment E+W

143K Restriction on assignment E+W

(1) A demoted tenancy is not capable of being assigned except as mentioned in subsection (2).

(2) The exceptions are assignment in pursuance of an order made under—

(a) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings);

(b) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, etc.);

(c) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents).]

[F312 (d) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).]

Textual Amendments

F312 S. 143K(2)(d) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 58; S.I. 2005/3175, art. 2(1), Sch. 1

[F303 Repairs E+W

Right to carry out repairs E+W

143L Right to carry out repairs E+W

The Secretary of State may by regulations under section 96 of the Housing Act 1985 (secure tenants: right to carry out repairs) apply to demoted tenants any provision made under that section in relation to secure tenants.]

[F303 Provision of information E+W

Provision of information E+W

143M Provision of information E+W

(1) This section applies to a local housing authority or a housing action trust if it is the landlord of a demoted tenancy.

(2) The landlord must from time to time publish information about the demoted tenancy in such form as it thinks best suited to explain in simple terms and so far as it considers appropriate the effect of—

(a) the express terms of the demoted tenancy;

(b) the provisions of this Chapter;

(c) the provisions of sections 11 to 16 of the Landlord and Tenant Act 1985 (landlord’s repairing obligations).

(3) The landlord must ensure that information published under subsection (2) is, so far as is reasonably practicable, kept up to date.

(4) The landlord must supply the tenant with—

(a) a copy of the information published under subsection (2);

(b) a written statement of the terms of the tenancy, so far as they are neither expressed in the lease or written tenancy agreement (if any) nor implied by law.

(5) The statement required by subsection (4)(b) must be supplied on the grant of the tenancy or as soon as practicable afterwards.]

[F303 Supplementary E+W

Jurisdiction of county court E+W

143N Jurisdiction of county court E+W

(1) A county court has jurisdiction—

(a) to determine questions arising under this Chapter;

(b) to entertain proceedings brought under this Chapter;

(c) to determine claims (for whatever amount) in connection with a demoted tenancy.

(2) The jurisdiction includes jurisdiction to entertain proceedings as to whether a statement supplied in pursuance of section 143M(4)(b) (written statement of certain terms of tenancy) is accurate.

(3) For the purposes of subsection (2) it is immaterial that no relief other than a declaration is sought.

(4) If a person takes proceedings in the High Court which, by virtue of this section, he could have taken in the county court he is not entitled to recover any costs.

F313 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F313 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F313 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F313 Ss. 143N(5)-(7) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 258, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(v), 30(b)

Meaning of dwelling house E+W

143O Meaning of dwelling house E+W

(1) For the purposes of this Chapter a dwelling-house may be a house or a part of a house.

(2) Land let together with a dwelling-house must be treated for the purposes of this Chapter as part of the dwelling-house unless the land is agricultural land which would not be treated as part of a dwelling-house for the purposes of Part 4 of the Housing Act 1985.

Members of a person’s family E+W

143P Members of a person’s family E+W

(1) For the purposes of this Chapter a person is a member of another’s family if—

(a) he is the spouse [F314 or civil partner ] of that person;

(b) he and that person live together as a couple in an enduring family relationship, but he does not fall within paragraph (c);

(c) he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2) For the purposes of subsection (1)(b) it is immaterial that two persons living together in an enduring family relationship are of the same sex.

(3) For the purposes of subsection (1)(c)—

(a) a relationship by marriage [F315 or civil partnership ] must be treated as a relationship by blood;

(b) a relationship of the half-blood must be treated as a relationship of the whole blood;

(c) a stepchild of a person must be treated as his child.]

Textual Amendments

F314 Words in s. 143P(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 59(2); S.I. 2005/3175, art. 2(1), Sch. 1

F315 Words in s. 143P(3)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 59(3); S.I. 2005/3175, art. 2(1), Sch. 1

Chapter II E+W Repossession, &c.: Secure and Assured Tenancies

Secure tenancies E+W

144 Extension of ground of nuisance or annoyance to neighbours, &c. E+W

For Ground 2 in Schedule 2 to the M82 Housing Act 1985 (nuisance or annoyance to neighbours, &c.) substitute—

“ Ground 2

The tenant or a person residing in or visiting the dwelling-house—

(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or

(b) has been convicted of—

(i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or

(ii) an arrestable offence committed in, or in the locality of, the dwelling-house.”.

Modifications etc. (not altering text)

C91 S. 144 restricted (14.1.1997) by S.I. 1997/66, art. 2,Sch.

Marginal Citations

M82 1985 c. 68.

145 New ground of domestic violence: secure tenancies. E+W

After Ground 2 in Schedule 2 to the M83 Housing Act 1985 (as substituted by section 144) insert—

“ Ground 2A

The dwelling-house was occupied (whether alone or with others) by a married couple or a couple living together as husband and wife and—

(a) one or both of the partners is a tenant of the dwelling-house,

(b) one partner has left because of violence or threats of violence by the other towards—

(i) that partner, or

(ii) a member of the family of that partner who was residing with that partner immediately before the partner left, and

(c) the court is satisfied that the partner who has left is unlikely to return.”.

Modifications etc. (not altering text)

C92 S. 145 restricted (14.1.1997) by S.I. 1997/66, art. 2,Sch.

Marginal Citations

M83 1985 c. 68.

146 Extension of ground that grant of tenancy induced by false statement. E+W

In Ground 5 in Schedule 2 to the Housing Act 1985 (grant of tenancy induced by false statement) for “by the tenant” substitute “by—

(a) the tenant, or

(b) a person acting at the tenant’s instigation”.

Modifications etc. (not altering text)

C93 S. 146 restricted (14.1.1997) by S.I. 1997/66, art. 2,Sch.

147 Proceedings for possession or termination. E+W

(1) For section 83 of the Housing Act 1985 (notice of proceedings for possession or termination) substitute—

“83 Proceedings for possession or termination: notice requirements.

(1) The court shall not entertain proceedings for the possession of a dwelling-house let under a secure tenancy or proceedings for the termination of a secure tenancy unless—

(a) the landlord has served a notice on the tenant complying with the provisions of this section, or

(b) the court considers it just and equitable to dispense with the requirement of such a notice.

(2) A notice under this section shall—

(a) be in a form prescribed by regulations made by the Secretary of State,

(b) specify the ground on which the court will be asked to make an order for the possession of the dwelling-house or for the termination of the tenancy, and

(c) give particulars of that ground.

(3) Where the tenancy is a periodic tenancy and the ground or one of the grounds specified in the notice is Ground 2 in Schedule 2 (nuisance or other anti-social behaviour), the notice—

(a) shall also—

(i) state that proceedings for the possession of the dwelling-house may be begun immediately, and

(ii) specify the date sought by the landlord as the date on which the tenant is to give up possession of the dwelling-house, and

(b) ceases to be in force twelve months after the date so specified.

(4) Where the tenancy is a periodic tenancy and Ground 2 in Schedule 2 is not specified in the notice, the notice—

(a) shall also specify the date after which proceedings for the possession of the dwelling-house may be begun, and

(b) ceases to be in force twelve months after the date so specified.

(5) The date specified in accordance with subsection (3) or (4) must not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this section.

(6) Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and subsections (3) to (5) of this section do not apply to the notice.

(7) Regulations under this section shall be made by statutory instrument and may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

83A Additional requirements in relation to certain proceedings for possession.

(1) Where a notice under section 83 has been served on a tenant containing the information mentioned in subsection (3)(a) of that section, the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun at a time when the notice is still in force.

(2) Where—

(a) a notice under section 83 has been served on a tenant, and

(b) a date after which proceedings may be begun has been specified in the notice in accordance with subsection (4)(a) of that section,

the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun after the date so specified and at a time when the notice is still in force.

(3) Where—

(a) the ground or one of the grounds specified in a notice under section 83 is Ground 2A in Schedule 2 (domestic violence), and

(b) the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house,

the court shall not entertain proceedings for the possession of the dwelling-house unless it is satisfied that the landlord has served a copy of the notice on the partner who has left or has taken all reasonable steps to serve a copy of the notice on that partner.

This subsection has effect subject to subsection (5).

(4) Where—

(a) Ground 2A in Schedule 2 is added to a notice under section 83 with the leave of the court after proceedings for possession are begun, and

(b) the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings,

the court shall not continue to entertain the proceedings unless it is satisfied that the landlord has served a notice under subsection (6) on the partner who has left or has taken all reasonable steps to serve such a notice on that partner.

This subsection has effect subject to subsection (5).

(5) Where subsection (3) or (4) applies and Ground 2 in Schedule 2 (nuisance or other anti-social behaviour) is also specified in the notice under section 83, the court may dispense with the requirements as to service in relation to the partner who has left the dwelling-house if it considers it just and equitable to do so.

(6) A notice under this subsection shall—

(a) state that proceedings for the possession of the dwelling-house have begun,

(b) specify the ground or grounds on which possession is being sought, and

(c) give particulars of the ground or grounds.”.

(2) In section 84 of that Act (grounds and orders for possession), for subsection (3) substitute—

“(3) Where a notice under section 83 has been served on the tenant, the court shall not make such an order on any of those grounds above unless the ground is specified in the notice; but the grounds so specified may be altered or added to with the leave of the court.

(4) Where a date is specified in a notice under section 83 in accordance with subsection (3) of that section, the court shall not make an order which requires the tenant to give up possession of the dwelling-house in question before the date so specified.”.

(3) In Schedule 2 to that Act, in Ground 16, after “notice of the proceedings for possession was served under section 83” insert “ (or, where no such notice was served, the proceedings for possession were begun) ”.

Modifications etc. (not altering text)

C94 S. 147 restricted (14.1.1997) by S.I. 1997/66, art. 2,Sch.

Commencement Information

I34 S. 147 wholly in force 4.2.1997: s. 147 not in force at Royal Assent, see s. 232(1)-(3); s. 147 in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4 and s. 147 in force at 4.2.1997 to the extent it is not already in force by S.I. 1997/66, art. 2

Assured tenancies E+W

148 Extension of ground of nuisance or annoyance to adjoining occupiers &c. E+W

For Ground 14 in Schedule 2 to the M84 Housing Act 1988 (nuisance or annoyance to adjoining occupiers etc.) substitute—

“ Ground 14

The tenant or a person residing in or visiting the dwelling-house—

(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or

(b) has been convicted of—

(i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or

(ii) an arrestable offence committed in, or in the locality of, the dwelling-house.”.

Marginal Citations

M84 1988 c. 50.

149 New ground of domestic violence: assured tenancies. E+W

After Ground 14 in Schedule 2 to the Housing Act 1988 (as substituted by section 148) insert—

“ Ground 14A

The dwelling-house was occupied (whether alone or with others) by a married couple or a couple living together as husband and wife and—

(a) one or both of the partners is a tenant of the dwelling-house,

(b) the landlord who is seeking possession is a registered social landlord or a charitable housing trust,

(c) one partner has left the dwelling-house because of violence or threats of violence by the other towards—

(i) that partner, or

(ii) a member of the family of that partner who was residing with that partner immediately before the partner left, and

(d) the court is satisfied that the partner who has left is unlikely to return.

For the purposes of this ground “registered social landlord” and “member of the family” have the same meaning as in Part I of the M85 Housing Act 1996 and “charitable housing trust” means a housing trust, within the meaning of the M86 Housing Associations Act 1985, which is a charity within the meaning of the Charities Act 1993.”.

Commencement Information

I35 S. 149 wholly in force at 28.2.1997 by S.I. 1997/225, art. 2 (subject to savings in the Sch. to that S.I.)

Marginal Citations

M85 1985 c. 69.

M86 1993 c. 10.

150 Additional notice requirements: domestic violence. E+W

After section 8 of the Housing Act 1988 insert—

“8A Additional notice requirements: ground of domestic violence.

(1) Where the ground specified in a notice under section 8 (whether with or without other grounds) is Ground 14A in Schedule 2 to this Act and the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house, the court shall not entertain proceedings for possession of the dwelling-house unless—

(a) the landlord or, in the case of joint landlords, at least one of them has served on the partner who has left a copy of the notice or has taken all reasonable steps to serve a copy of the notice on that partner, or

(b) the court considers it just and equitable to dispense with such requirements as to service.

(2) Where Ground 14A in Schedule 2 to this Act is added to a notice under section 8 with the leave of the court after proceedings for possession are begun and the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings, the court shall not continue to entertain the proceedings unless—

(a) the landlord or, in the case of joint landlords, at least one of them has served a notice under subsection (3) below on the partner who has left or has taken all reasonable steps to serve such a notice on that partner, or

(b) the court considers it just and equitable to dispense with the requirement of such a notice.

(3) A notice under this subsection shall—

(a) state that proceedings for the possession of the dwelling-house have begun,

(b) specify the ground or grounds on which possession is being sought, and

(c) give particulars of the ground or grounds.”.

Commencement Information

I36 S. 150 wholly in force at 28.2.1997 by S.I. 1997/225, art. 2 (subject to savings in the Sch. to that S.I.)

151 Early commencement of certain proceedings for possession. E+W

(1) Section 8 of the M87 Housing Act 1988 (notice of proceedings for possession) is amended as follows.

(2) In subsection (1)(a) for the words “subsections (3) and (4)” substitute “ subsections (3) to (4B) ”.

(3) In subsection (3)(b) for the words from “which,” to “of the notice” substitute “ in accordance with subsections (4) to (4B) below ”.

(4) For subsection (4) substitute—

“(4) If a notice under this section specifies in accordance with subsection (3)(a) above Ground 14 in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the date of the service of the notice.

(4A) If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than—

(a) two months from the date of service of the notice; and

(b) if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section.

(4B) In any other case, the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the expiry of the period of two weeks from the date of the service of the notice.”.

Commencement Information

I37 S. 151 wholly in force at 28.2.1997 by S.I. 1997/225, art. 2 (subject to savings in the Sch. to that S.I.)

Marginal Citations

M87 1988 c. 50.

Chapter III E+W Injunctions against anti-social behaviour

F316 152 Power to grant injunctions against anti-social behaviour. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F316 S. 152 repealed (30.6.2004 for E., 30.9.2004 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 13(2), 93, Sch. 3; S.I. 2004/1502, art. 2(a)(c)(ii)(ii) (with Sch. para. 1); S.I. 2004/2557, art. 2(a)(i) (with Sch. para. 1)

F317 153 Power of arrest for breach of other injunctions against anti-social behaviour. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F317 S. 153 repealed (30.6.2004 for E., 30.9.2004 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 13(2), 93, Sch. 3; S.I. 2004/1502, art. 2(a)(c)(ii)(ii) (with Sch. para. 1); S.I. 2004/2557, art. 2(a)(i) (with Sch. para. 1)

[F318 [F319 153A Anti-social behaviour injunction E+W

(1) In this section—

• “anti-social behaviour injunction” means an injunction that prohibits the person in respect of whom it is granted from engaging in housing-related anti-social conduct of a kind specified in the injunction;

• “anti-social conduct” means conduct capable of causing nuisance or annoyance to some person (who need not be a particular identified person);

• “conduct” means conduct anywhere;

• “housing-related” means directly or indirectly relating to or affecting the housing management functions of a relevant landlord.

(2) The court on the application of a relevant landlord may grant an anti-social behaviour injunction if the condition in subsection (3) is satisfied.

(3) The condition is that the person against whom the injunction is sought is engaging, has engaged or threatens to engage in housing-related conduct capable of causing a nuisance or annoyance to—

(a) a person with a right (of whatever description) to reside in or occupy housing accommodation owned or managed by a relevant landlord,

(b) a person with a right (of whatever description) to reside in or occupy other housing accommodation in the neighbourhood of housing accommodation mentioned in paragraph (a),

(c) a person engaged in lawful activity in, or in the neighbourhood of, housing accommodation mentioned in paragraph (a), or

(d) a person employed (whether or not by a relevant landlord) in connection with the exercise of a relevant landlord's housing management functions.

(4) Without prejudice to the generality of the court's power under subsection (2), a kind of conduct may be described in an anti-social behaviour injunction by reference to a person or persons and, if it is, may (in particular) be described by reference—

(a) to persons generally,

(b) to persons of a description specified in the injunction, or

(c) to persons, or a person, specified in the injunction.]

Textual Amendments

F318 Ss. 153A-153E inserted (30.6.2004 for E., 30.9.2004 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 13(3), 93; S.I. 2004/1502, art. 2(a)(ii); S.I. 2004/2557, art. 2(a)(i) (with Sch. para. 1)

F319 S. 153A substituted (6.4.2007 for E.) by Police and Justice Act 2006 (c. 48), ss. 26, 53(1); S.I. 2007/709, art. 4(a) (with art. 8)

153B Injunction against unlawful use of premises E+W

(1) This section applies to conduct which consists of or involves using or threatening to use housing accommodation owned or managed by a relevant landlord for an unlawful purpose.

(2) The court on the application of the relevant landlord may grant an injunction prohibiting the person in respect of whom the injunction is granted from engaging in conduct to which this section applies.

Textual Amendments

F318 Ss. 153A-153E inserted (30.6.2004 for E., 30.9.2004 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 13(3), 93; S.I. 2004/1502, art. 2(a)(ii); S.I. 2004/2557, art. 2(a)(i) (with Sch. para. 1)

153C Injunctions: exclusion order and power of arrest E+W

(1) This section applies if the court grants an injunction under subsection (2) of section 153A or 153B and it thinks that either of the following paragraphs applies—

(a) the conduct consists of or includes the use or threatened use of violence;

(b) there is a significant risk of harm to a person mentioned in [F320 any of paragraphs (a) to (d) of section 153A(3)] .

(2) The court may include in the injunction a provision prohibiting the person in respect of whom it is granted from entering or being in—

(a) any premises specified in the injunction;

(b) any area specified in the injunction.

(3) The court may attach a power of arrest to any provision of the injunction.

Textual Amendments

F318 Ss. 153A-153E inserted (30.6.2004 for E., 30.9.2004 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 13(3), 93; S.I. 2004/1502, art. 2(a)(ii); S.I. 2004/2557, art. 2(a)(i) (with Sch. para. 1)

F320 Words in s. 153C(1)(b) substituted (6.4.2007 for E.) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 32(a); S.I. 2007/709, art. 4(d) (with art. 8)

153D Injunction against breach of tenancy agreement E+W

(1) This section applies if a relevant landlord applies for an injunction against a tenant in respect of the breach or anticipated breach of a tenancy agreement on the grounds that the tenant—

(a) is engaging or threatening to engage in conduct that is capable of causing nuisance or annoyance to any person, or

(b) is allowing, inciting or encouraging any other person to engage or threaten to engage in such conduct.

(2) The court may proceed under subsection (3) or (4) if it is satisfied—

(a) that the conduct includes the use or threatened use of violence, or

(b) that there is a significant risk of harm to any person.

(3) The court may include in the injunction a provision prohibiting the person in respect of whom it is granted from entering or being in—

(a) any premises specified in the injunction;

(b) any area specified in the injunction.

(4) The court may attach a power of arrest to any provision of the injunction.

(5) Tenancy agreement includes any agreement for the occupation of residential accommodation owned or managed by a relevant landlord.

Textual Amendments

F318 Ss. 153A-153E inserted (30.6.2004 for E., 30.9.2004 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 13(3), 93; S.I. 2004/1502, art. 2(a)(ii); S.I. 2004/2557, art. 2(a)(i) (with Sch. para. 1)

153E Injunctions: supplementary E+W

(1) This section applies for the purposes of sections 153A to 153D.

(2) An injunction may—

(a) be made for a specified period or until varied or discharged;

(b) have the effect of excluding a person from his normal place of residence.

(3) An injunction may be varied or discharged by the court on an application by—

(a) the person in respect of whom it is made;

(b) the relevant landlord.

(4) If the court thinks it just and convenient it may grant or vary an injunction without the respondent having been given such notice as is otherwise required by rules of court.

(5) If the court acts under subsection (4) it must give the person against whom the injunction is made an opportunity to make representations in relation to the injunction as soon as it is practicable for him to do so.

(6) The court is the High Court or a county court.

(7) Each of the following is a relevant landlord—

(a) a housing action trust;

(b) a local authority (within the meaning of the Housing Act 1985);

[F321 (ba) a non-profit registered provider of social housing;]

(c) a registered social landlord.

(8) A charitable housing trust [F322 which does not fall within subsection (7)(ba) or (c)] is also a relevant landlord for the purposes of section 153D.

(9) Housing accommodation includes—

(a) flats, lodging-houses and hostels;

(b) any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;

(c) in relation to a neighbourhood, the whole of the housing accommodation owned or managed by a relevant landlord in the neighbourhood and any common areas used in connection with the accommodation.

(10) A landlord owns housing accommodation if either of the following paragraphs applies to him—

(a) he is a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion;

(b) he is a person who holds or is entitled to the rents and profits of the premises under a lease which (when granted) was for a term of not less than three years.

(11) The housing management functions of a relevant landlord include—

(a) functions conferred by or under any enactment;

(b) the powers and duties of the landlord as the holder of an estate or interest in housing accommodation.

(12) Harm includes serious ill-treatment or abuse (whether physical or not).]

Textual Amendments

F318 Ss. 153A-153E inserted (30.6.2004 for E., 30.9.2004 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 13(3), 93; S.I. 2004/1502, art. 2(a)(ii); S.I. 2004/2557, art. 2(a)(i) (with Sch. para. 1)

F321 S. 153E(7)(ba) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 99(2) (with art. 6, Sch. 3)

F322 Words in s. 153E(8) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 99(3) (with art. 6, Sch. 3)

154 Powers of arrest: ex-parte applications for injunctions. E+W

(1) In determining whether to exercise its power under [F323 section 153C(3) or 153D(4)] to attach a power of arrest to an injunction which it intends to grant on an ex-parte application, the High Court or a county court shall have regard to all the circumstances including—

(a) whether it is likely that the applicant will be deterred or prevented from seeking the exercise of the power if the power is not exercised immediately, and

(b) whether there is reason to believe that the respondent is aware of the proceedings for the injunction but is deliberately evading service and that the applicant or any person of a description mentioned in [F324 any of paragraphs (a) to (d) of section 153A(3)] (as the case may be) will be seriously prejudiced if the decision as to whether to exercise the power were delayed until substituted service is effected.

(2) Where the court exercises its power as mentioned in subsection (1), it shall afford the respondent an opportunity to make representations relating to the exercise of the power as soon as just and convenient at a hearing of which notice has been given to all the parties in accordance with rules of court.

Textual Amendments

F323 Words in s. 154(1) substituted (30.6.2004 for E., 30.9.2004 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 13(4)(a), 93; S.I. 2004/1502, art. 2(a)(ii); S.I. 2004/2557, art. 2(a)(i) (with Sch. para. 1)

F324 Words in s. 154(1)(b) substituted (6.4.2007 for E.) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 32(b); S.I. 2007/709, art. 4(d) (with art. 8)

155 Arrest and remand. E+W

(1) If a power of arrest is attached to certain provisions of an injunction by virtue of [F325 section 153C(3) or 153D(4)], a constable may arrest without warrant a person whom he has reasonable cause for suspecting to be in breach of any such provision or otherwise in contempt of court in relation to a breach of any such provision.

A constable shall after making any such arrest forthwith inform the person on whose application the injunction was granted.

(2) Where a person is arrested under subsection (1)—

(a) he shall be brought before the relevant judge within the period of 24 hours beginning at the time of his arrest, and

(b) if the matter is not then disposed of forthwith, the judge may remand him.

In reckoning for the purposes of this subsection any period of 24 hours no account shall be taken of Christmas Day, Good Friday or any Sunday.

(3) If the court has granted an injunction in circumstances such that a power of arrest could have been attached under [F326 section 153C(3) or 153D(4)] but—

(a) has not attached a power of arrest under the section in question to any provisions of the injunction, or

(b) has attached that power only to certain provisions of the injunction,

then, if at any time the applicant considers that the respondent has failed to comply with the injunction, he may apply to the relevant judge for the issue of a warrant for the arrest of the respondent.

(4) The relevant judge shall not issue a warrant on an application under subsection (3) unless—

(a) the application is substantiated on oath, and

(b) he has reasonable grounds for believing that the respondent has failed to comply with the injunction.

(5) If a person is brought before a court by virtue of a warrant issued under subsection (4) and the court does not dispose of the matter forthwith, the court may remand him.

(6) Schedule 15 (which makes provision corresponding to that applying in magistrates’ courts in civil cases under sections 128 and 129 of the M88 Magistrates’ Courts Act 1980) applies in relation to the powers of the High Court and a county court to remand a person under this section.

(7) If a person remanded under this section is granted bail by virtue of subsection (6), he may be required by the relevant judge to comply, before release on bail or later, with such requirements as appear to the judge to be necessary to secure that he does not interfere with witnesses or otherwise obstruct the course of justice.

Textual Amendments

F325 Words in s. 155(1) substituted (30.6.2004 for E., 30.9.2004 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 13(5)(a), 93; S.I. 2004/1502, art. 2(a)(ii); S.I. 2004/2557, art. 2(a)(i) (with Sch. para. 1)

F326 Words in s. 155(3) substituted (30.6.2004 for E., 30.9.2004 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 13(5)(b), 93; S.I. 2004/1502, art. 2(a)(ii); S.I. 2004/2557, art. 2(a)(i) (with Sch. para. 1)

Commencement Information

I38 S. 155 wholly in force at 15.10.2001; s. 155 not in force at Royal Assent see s. 232(1)-(3); s. 155(1)(2) (except for (2)(b)) in force at 1.9.1997 by S.I. 1997/1851, art. 2; s. 155 in force insofar as not already in force at 15.10.2001 by S.I. 2001/3164, art. 2

Marginal Citations

M88 1980 c. 43.

156 Remand for medical examination and report. E+W

(1) If the relevant judge has reason to consider that a medical report will be required, any power to remand a person under section 155 may be exercised for the purpose of enabling a medical examination and report to be made.

(2) If such a power is so exercised the adjournment shall not be for more than 4 weeks at a time unless the judge remands the accused in custody.

(3) If the judge so remands the accused, the adjournment shall not be for more than 3 weeks at a time.

(4) If there is reason to suspect that a person who has been arrested—

(a) under section 155(1), or

(b) under a warrant issued under section 155(4),

is suffering from [F327 mental disorder within the meaning of the Mental Health Act 1983], the relevant judge shall have the same power to make an order under section 35 of the [F328 that Act] (remand for report on accused’s mental condition) as the Crown Court has under [F329 that section] in the case of an accused person within the meaning of that section.

Textual Amendments

F327 Words in s. 156(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), s. 56(1), Sch. 1 para. 21(a); S.I. 2008/1900, art. 2(a) (with art. 3, Sch.)

F328 Words in s. 156(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), s. 56(1), Sch. 1 para. 21(b); S.I. 2008/1900, art. 2(a) (with art. 3, Sch.)

F329 Words in s. 156(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), s. 56(1), Sch. 1 para. 21(c); S.I. 2008/1900, art. 2(a) (with art. 3, Sch.)

157 Powers of arrest: supplementary provisions. E+W

(1) If in exercise of its power under [F330 section 153C(3) or 153D(4)] the High Court or a county court attaches a power of arrest to any provisions of an injunction, it may provide that the power of arrest is to have effect for a shorter period than the other provisions of the injunction.

(2) Any period specified for the purposes of subsection (1) may be extended by the court (on one or more occasions) on an application to vary or discharge the injunction.

(3) If a power of arrest has been attached to certain provisions of an injunction by virtue of [F331 section 153C(3) or 153D(4)], the court may vary or discharge the injunction in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the injunction).

(4) An injunction may be varied or discharged under subsection (3) on an application by the respondent or the person on whose application the injunction was made.

Textual Amendments

F330 Words in s. 157(1) substituted (30.6.2004 for E., 30.9.2004 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 13(6)(a), 93; S.I. 2004/1502, art. 2(a)(ii); S.I. 2004/2557, art. 2(a)(i) (with Sch. para. 1)

F331 Words in s. 157(3) substituted (30.6.2004 for E., 30.9.2004 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 13(6)(b), 93; S.I. 2004/1502, art. 2(a)(ii); S.I. 2004/2557, art. 2(a)(i) (with Sch. para. 1)

158 Interpretation: Chapter III. E+W

(1) For the purposes of this Chapter—

• F332 ...

• F333 ...

• F333 ...

• F333 ...

• F333 ...

• “relevant judge”, in relation to an injunction, means—

  (a)

  where the injunction was granted by the High Court, a judge of that court,

  (b)

  where the injunction was granted by a county court, a judge or district judge of that or any other county court;

• “tenancy” includes a licence, and “tenant” and “landlord” shall be construed accordingly.

F334 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F332 Words in s. 158(1) omitted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by virtue of The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. paras. 37(1)(2)(h)

F333 S. 158(1) entries repealed (30.6.2004 for E., 30.9.2004 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 13(7)(a), 93, Sch. 3; S.I. 2004/1502, art. 2(a)(c)(ii)(ii) (with Sch. para. 1); S.I. 2004/2557, art. 2(a)(i) (with Sch. para. 1)

F334 S. 158(2) repealed (30.6.2004 for E., 30.9.2004 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 13(7)(b), 93, Sch. 3; S.I. 2004/1502, art. 2(a)(c)(ii)(ii) (with Sch. para. 1); S.I. 2004/2557, art. 2(a)(i) (with Sch. para. 1)

Part VI E+W Allocation of housing accommodation

Modifications etc. (not altering text)

C95 Pt. VI excluded (20.1.1997) by S.I. 1996/2753, reg. 3

Pt. VI modified (1.4.1997) by S.I. 1996/3205, art. 2, Sch. 1

Pt. VI excluded (E.) (3.4.2000) by S.I. 2000/702, reg. 3

Pt. VI excluded (W.) (29.1.2003) by The Allocation of Housing (Wales) Regulations 2003 (S.I. 2003/239), reg. 3

Pt. VI excluded (E.) (31.1.2003) by The Allocation of Housing (England) Regulations 2003 (S.I. 2002/3264), reg. 3

Introductory E+W

159 Allocation of housing accommodation. E+W

(1) A local housing authority shall comply with the provisions of this Part in allocating housing accommodation.

(2) For the purposes of this Part a local housing authority allocate housing accommodation when they—

(a) select a person to be a secure or introductory tenant of housing accommodation held by them,

(b) nominate a person to be a secure or introductory tenant of housing accommodation held by another person, or

(c) nominate a person to be an assured tenant of housing accommodation held by [F335 a private registered provider of social housing or] a registered social landlord.

(3) The reference in subsection (2)(a) to selecting a person to be a secure tenant includes deciding to exercise any power to notify an existing tenant or licensee that his tenancy or licence is to be a secure tenancy.

(4) The references in subsection (2)(b) and (c) to nominating a person include nominating a person in pursuance of any arrangements (whether legally enforceable or not) to require that housing accommodation, or a specified amount of housing accommodation, is made available to a person or one of a number of persons nominated by the authority.

[F336 (4A) Subject to subsection (4B), the provisions of this Part do not apply to an allocation of housing accommodation by a local housing authority in England to a person who is already—

(a) a secure or introductory tenant, or

(b) an assured tenant of housing accommodation held by a private registered provider of social housing or a registered social landlord.

(4B) The provisions of this Part apply to an allocation of housing accommodation by a local housing authority in England to a person who falls within subsection (4A)(a) or (b) if—

(a) the allocation involves a transfer of housing accommodation for that person,

(b) the application for the transfer is made by that person, and

(c) the authority is satisfied that the person is to be given reasonable preference under section 166A(3).]

[F337 (5) The provisions of this Part do not apply to an allocation of housing accommodation [F338 by a local housing authority in Wales] to a person who is already a secure or introductory tenant unless the allocation involves a transfer of housing accommodation for that person and is made on his application.]

(7) Subject to the provisions of this Part, a local housing authority may allocate housing accommodation in such manner as they consider appropriate.

Textual Amendments

F335 Words in s. 159(2)(c) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 100 (with art. 6, Sch. 3)

F336 S. 159(4A)(4B) inserted (15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), ss. 145(2), 240(2); S.I. 2012/57, art. 4(1)(j) (with arts. 6, 7, 9-11)

F337 S. 159(5) substituted (27.1.2003 for W. and 31.1.2003 for E.) for s. 159(5)(6) by 2002 c. 7, s. 13 (with s. 20(4)); S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

F338 Words in s. 159(5) inserted (15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), ss. 145(3), 240(2); S.I. 2012/57, art. 4(1)(j) (with arts. 6, 7, 9-11)

160 Cases where provisions about allocation do not apply. E+W

(1) The provisions of this Part about the allocation of housing accommodation do not apply in the following cases.

(2) They do not apply where a secure tenancy—

(a) vests under section 89 of the M89 Housing Act 1985 (succession to periodic secure tenancy on death of tenant),

(b) remains a secure tenancy by virtue of section 90 of that Act (devolution of term certain of secure tenancy on death of tenant),

(c) is assigned under section 92 of that Act (assignment of secure tenancy by way of exchange),

(d) is assigned to a person who would be qualified to succeed the secure tenant if the secure tenant died immediately before the assignment, or

(e) vests or is otherwise disposed of in pursuance of an order made under—

(i) section 24 of the M90 Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the M91 Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F339 ...

(iii) paragraph 1 of Schedule 1 to the M92 Children Act 1989 (orders for financial relief against parents).[F340 , or

(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).]

(3) They do not apply where an introductory tenancy—

(a) becomes a secure tenancy on ceasing to be an introductory tenancy,

(b) vests under section 133(2) (succession to introductory tenancy on death of tenant),

(c) is assigned to a person who would be qualified to succeed the introductory tenant if the introductory tenant died immediately before the assignment, or

(d) vests or is otherwise disposed of in pursuance of an order made under—

(i) section 24 of the M93 Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the M94 Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F341 ...

(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents).[F342 , or

(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).]

(4) They do not apply in such other cases as the Secretary of State may prescribe by regulations.

(5) The regulations may be framed so as to make the exclusion of the provisions of this Part about the allocation of housing accommodation subject to such restrictions or conditions as may be specified.

In particular, those provisions may be excluded—

(a) in relation to specified descriptions of persons, or

(b) in relation to housing accommodation of a specified description or a specified proportion of housing accommodation of any specified description.

Textual Amendments

F339 Word in s. 160(2)(e)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3175, art. 2(6)

F340 S. 160(2)(e)(iv) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 60; S.I. 2005/3175, art. 2(1), Sch. 1

F341 Word in s. 160(3)(d)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3175, art. 2(6)

F342 S. 160(3)(d)(iv) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 60; S.I. 2005/3175, art. 2(1), Sch. 1

Commencement Information

I39 S. 160 wholly in force 1.4.1997: s. 160 not in force at Royal Assent, see s. 232(1)-(3); s. 160(4)(5) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 160 in force at 1.4.1997 to the extent it is not already in force by S.I. 1996/2959, art. 3

Marginal Citations

M89 1985 c. 68.

M90 1973 c. 18.

M91 1984 c. 42.

M92 1989 c. 41.

M93 1973 c. 18.

M94 1984 c. 42.

[F343 Eligibility for allocation of housing accommodation E+W

Textual Amendments

F343 S. 160A and cross-heading inserted (5.12.2002 for the purpose of making regulations and 31.1.2003 otherwise, E.; 27.1.2003 for W.) by 2002 c. 7, s. 14(2) (with s. 20(4)); S.I. 2002/3114, arts. 2, 3; S.I. 2002/1736, art. 2(2), Sch. Pt. 2

[F344 160ZA Allocation only to eligible and qualifying persons: England E+W

(1) A local housing authority in England shall not allocate housing accommodation—

(a) to a person from abroad who is ineligible for an allocation of housing accommodation by virtue of subsection (2) or (4), or

(b) to two or more persons jointly if any of them is a person mentioned in paragraph (a).

(2) A person subject to immigration control within the meaning of the Asylum and Immigration Act 1996 is ineligible for an allocation of housing accommodation by a local housing authority in England unless he is of a class prescribed by regulations made by the Secretary of State.

(3) No person who is excluded from entitlement to housing benefit by section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) shall be included in any class prescribed under subsection (2).

(4) The Secretary of State may by regulations prescribe other classes of persons from abroad who are ineligible to be allocated housing accommodation by local housing authorities in England.

(5) Nothing in subsection (2) or (4) affects the eligibility of a person who falls within section 159(4B).

(6) Except as provided by subsection (1), a person may be allocated housing accommodation by a local housing authority in England (whether on his application or otherwise) if that person—

(a) is a qualifying person within the meaning of subsection (7), or

(b) is one of two or more persons who apply for accommodation jointly, and one or more of the other persons is a qualifying person within the meaning of subsection (7).

(7) Subject to subsections (2) and (4) and any regulations under subsection (8), a local housing authority may decide what classes of persons are, or are not, qualifying persons.

(8) The Secretary of State may by regulations—

(a) prescribe classes of persons who are, or are not, to be treated as qualifying persons by local housing authorities in England, and

(b) prescribe criteria that may not be used by local housing authorities in England in deciding what classes of persons are not qualifying persons.

(9) If a local housing authority in England decide that an applicant for housing accommodation—

(a) is ineligible for an allocation by them by virtue of subsection (2) or (4), or

(b) is not a qualifying person,

they shall notify the applicant of their decision and the grounds for it.

(10) That notice shall be given in writing and, if not received by the applicant, shall be treated as having been given if it is made available at the authority's office for a reasonable period for collection by him or on his behalf.

(11) A person who is not being treated as a qualifying person may (if he considers that he should be treated as a qualifying person) make a fresh application to the authority for an allocation of housing accommodation by them.]

Textual Amendments

F344 S. 160ZA inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 146(1), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

F346 160A Allocation only to eligible persons[F345 : Wales] E+W

(1) A local housing authority [F347 in Wales] shall not allocate housing accommodation—

(a) to a person from abroad who is ineligible for an allocation of housing accommodation by virtue of subsection (3) or (5);

(b) to a person who the authority have decided is to be treated as ineligible for such an allocation by virtue of subsection (7); or

(c) to two or more persons jointly if any of them is a person mentioned in paragraph (a) or (b).

(2) Except as provided by subsection (1), any person may be allocated housing accommodation by a local housing authority [F348 in Wales] (whether on his application or otherwise).

(3) A person subject to immigration control within the meaning of the Asylum and Immigration Act 1996 (c. 49) is (subject to subsection (6)) ineligible for an allocation of housing accommodation by a local housing authority [F349 in Wales] unless he is of a class prescribed by regulations made by the Secretary of State.

(4) No person who is excluded from entitlement to housing benefit by section 115 of the Immigration and Asylum Act 1999 (c. 33) (exclusion from benefits) shall be included in any class prescribed under subsection (3).

(5) The Secretary of State may by regulations prescribe other classes of persons from abroad who are (subject to subsection (6)) ineligible for an allocation of housing accommodation, either in relation to local housing authorities [F350 in Wales] generally or any particular local housing authority [F351 in Wales].

(6) Nothing in subsection (3) or (5) affects the eligibility of a person who is already—

(a) a secure or introductory tenant;

(b) an assured tenant of housing accommodation allocated to him by a local housing authority [F352 in Wales].

(7) A local housing authority [F353 in Wales] may decide that an applicant is to be treated as ineligible for an allocation of housing accommodation by them if they are satisfied that—

(a) he, or a member of his household, has been guilty of unacceptable behaviour serious enough to make him unsuitable to be a tenant of the authority; and

(b) in the circumstances at the time his application is considered, he is unsuitable to be a tenant of the authority by reason of that behaviour.

(8) The only behaviour which may be regarded by the authority as unacceptable for the purposes of subsection (7)(a) is—

(a) behaviour of the person concerned which would (if he were a secure tenant of the authority) entitle the authority to a possession order under section 84 of the Housing Act 1985 (c. 68) on any ground mentioned in Part 1 of Schedule 2 to that Act (other than ground 8); or

(b) behaviour of a member of his household which would (if he were a person residing with a secure tenant of the authority) entitle the authority to such a possession order.

(9) If a local housing authority [F354 in Wales] decide that an applicant for housing accommodation—

(a) is ineligible for an allocation by them by virtue of subsection (3) or (5); or

(b) is to be treated as ineligible for such an allocation by virtue of subsection (7),

they shall notify the applicant of their decision and the grounds for it.

(10) That notice shall be given in writing and, if not received by the applicant, shall be treated as having been given if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

(11) A person who is being treated by a local housing authority [F355 in Wales] as ineligible by virtue of subsection (7) may (if he considers that he should no longer be treated as ineligible by the authority [F355 in Wales]) make a fresh application to the authority [F355 in Wales] for an allocation of housing accommodation by them.]

Textual Amendments

F345 Words in s. 160A heading inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 146(2)(a), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

F346 S. 160A and cross-heading inserted (5.12.2002 for the purpose of making regulations and 31.1.2003 otherwise, E.; 27.1.2003 for W.) by 2002 c. 7, s. 14(2) (with s. 20(4)); S.I. 2002/3114, arts. 2, 3; S.I. 2002/1736, art. 2(2), Sch. Pt. 2

F347 Words in s. 160A(1) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 146(2)(b), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

F348 Words in s. 160A(2) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 146(2)(c), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

F349 Words in s. 160A(3) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 146(2)(d), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

F350 Words in s. 160A(5) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 146(2)(e)(i), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

F351 Words in s. 160A(5) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 146(2)(e)(ii), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

F352 Words in s. 160A(6) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 146(2)(f), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

F353 Words in s. 160A(7) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 146(2)(g), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

F354 Words in s. 160A(9) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 146(2)(h), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

F355 Words in s. 160A(11) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 146(2)(i), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

The housing register E+W

F356 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F356 S. 161 repealed (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, ss. 14(1), 18(2), Sch. 2 (with s. 20(4)); S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

F357 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F357 S. 162 repealed (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, ss. 14(1), 18(2), Sch. 2 (with s. 20(4)); S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

F358 163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F358 S. 163 repealed (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, ss. 14(1), 18(2), Sch. 2 (with s. 20(4)); S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

F359 164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F359 S. 164 repealed (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, ss. 14(1), 18(2), Sch. 2 (with s. 20(4)); S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

F360 165 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F360 S. 165 repealed (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, ss. 14(1), 18(2), Sch. 2 (with s. 20(4)); S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

[F361 Applications for housing accommodation E+W

Textual Amendments

F361 S. 166 and cross-heading substituted (27.1.2003 for W. and 31.1.2003 for E.) for s. 166 by 2002 c. 7, s. 15 (with s. 20(4)); S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

166 F362 Applications for housing accommodation E+W

(1) A local housing authority shall secure that—

(a) advice and information is available free of charge to persons in their district about the right to make an application for an allocation of housing accommodation; and

(b) any necessary assistance in making such an application is available free of charge to persons in their district who are likely to have difficulty in doing so without assistance.

[F363 (1A) A local housing authority in England shall secure that an applicant for an allocation of housing accommodation is informed that he has the rights mentioned in section 166A(9).”, and]

(2) A local housing authority [F364 in Wales] shall secure that an applicant for an allocation of housing accommodation is informed that he has the rights mentioned in section 167(4A).

(3) Every application made to a local housing authority for an allocation of housing accommodation shall (if made in accordance with the procedural requirements of the authority’s allocation scheme) be considered by the authority.

(4) The fact that a person is an applicant for an allocation of housing accommodation shall not be divulged (without his consent) to any other member of the public.

(5) In this Part “district” in relation to a local housing authority has the same meaning as in the Housing Act 1985 (c. 68).]

Textual Amendments

F362 Cross-heading and s. 166 substituted (27.1.2003 for W. and 31.1.2003 for E.) for s. 166 by 2002 c. 7, s. 15 (with s. 20(4)); S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

F363 S. 166(1A) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 147(2)(a), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

F364 Words in s. 166(2) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 147(2)(b), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

[F365 The allocation scheme][F365 Allocation schemes] E+W

Textual Amendments

F365 S. 167 cross-heading substituted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 147(3), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

[F366 166A Allocation in accordance with allocation scheme: England E+W

(1) Every local housing authority in England must have a scheme (their “allocation scheme”) for determining priorities, and as to the procedure to be followed, in allocating housing accommodation.

For this purpose “procedure” includes all aspects of the allocation process, including the persons or descriptions of persons by whom decisions are taken.

(2) The scheme must include a statement of the authority's policy on offering people who are to be allocated housing accommodation—

(a) a choice of housing accommodation; or

(b) the opportunity to express preferences about the housing accommodation to be allocated to them.

(3) As regards priorities, the scheme shall, subject to subsection (4), be framed so as to secure that reasonable preference is given to—

(a) people who are homeless (within the meaning of Part 7);

(b) people who are owed a duty by any local housing authority under section 190(2), 193(2) or 195(2) (or under section 65(2) or 68(2) of the Housing Act 1985) or who are occupying accommodation secured by any such authority under section 192(3);

(c) people occupying insanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions;

(d) people who need to move on medical or welfare grounds (including any grounds relating to a disability); and

(e) people who need to move to a particular locality in the district of the authority, where failure to meet that need would cause hardship (to themselves or to others).

The scheme may also be framed so as to give additional preference to particular descriptions of people within this subsection (being descriptions of people with urgent housing needs).

(4) People are to be disregarded for the purposes of subsection (3) if they would not have fallen within paragraph (a) or (b) of that subsection without the local housing authority having had regard to a restricted person (within the meaning of Part 7).

(5) The scheme may contain provision for determining priorities in allocating housing accommodation to people within subsection (3); and the factors which the scheme may allow to be taken into account include—

(a) the financial resources available to a person to meet his housing costs;

(b) any behaviour of a person (or of a member of his household) which affects his suitability to be a tenant;

(c) any local connection (within the meaning of section 199) which exists between a person and the authority's district.

(6) Subject to subsection (3), the scheme may contain provision about the allocation of particular housing accommodation—

(a) to a person who makes a specific application for that accommodation;

(b) to persons of a particular description (whether or not they are within subsection (3)).

(7) The Secretary of State may by regulations—

(a) specify further descriptions of people to whom preference is to be given as mentioned in subsection (3), or

(b) amend or repeal any part of subsection (3).

(8) The Secretary of State may by regulations specify factors which a local housing authority in England must not take into account in allocating housing accommodation.

(9) The scheme must be framed so as to secure that an applicant for an allocation of housing accommodation—

(a) has the right to request such general information as will enable him to assess—

(i) how his application is likely to be treated under the scheme (including in particular whether he is likely to be regarded as a member of a group of people who are to be given preference by virtue of subsection (3)); and

(ii) whether housing accommodation appropriate to his needs is likely to be made available to him and, if so, how long it is likely to be before such accommodation becomes available for allocation to him;

(b) has the right to request the authority to inform him of any decision about the facts of his case which is likely to be, or has been, taken into account in considering whether to allocate housing accommodation to him; and

(c) has the right to request a review of a decision mentioned in paragraph (b), or in section 160ZA(9), and to be informed of the decision on the review and the grounds for it.

(10) As regards the procedure to be followed, the scheme must be framed in accordance with such principles as the Secretary of State may prescribe by regulations.

(11) Subject to the above provisions, and to any regulations made under them, the authority may decide on what principles the scheme is to be framed.

(12) A local housing authority in England must, in preparing or modifying their allocation scheme, have regard to—

(a) their current homelessness strategy under section 1 of the Homelessness Act 2002,

(b) their current tenancy strategy under section 150 of the Localism Act 2011, and

(c) in the case of an authority that is a London borough council, the London housing strategy.

(13) Before adopting an allocation scheme, or making an alteration to their scheme reflecting a major change of policy, a local housing authority in England must—

(a) send a copy of the draft scheme, or proposed alteration, to every private registered provider of social housing and registered social landlord with which they have nomination arrangements (see section 159(4)), and

(b) afford those persons a reasonable opportunity to comment on the proposals.

(14) A local housing authority in England shall not allocate housing accommodation except in accordance with their allocation scheme.]

Textual Amendments

F366 S. 166A inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 147(4), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

167 Allocation in accordance with allocation scheme[F367 : Wales] E+W

(1) Every local housing authority [F368 in Wales] shall have a scheme (their “allocation scheme”) for determining priorities, and as to the procedure to be followed, in allocating housing accommodation.

For this purpose “procedure” includes all aspects of the allocation process, including the persons or descriptions of persons by whom decisions are to be taken.

[F369 (1A) The scheme shall include a statement of the authority’s policy on offering people who are to be allocated housing accommodation—

(a) a choice of housing accommodation; or

(b) the opportunity to express preferences about the housing accommodation to be allocated to them.]

[F370 (2) As regards priorities, the scheme shall [F371 , subject to subsection (2ZA),] be framed so as to secure that reasonable preference is given to—

(a) people who are homeless (within the meaning of Part 7);

(b) people who are owed a duty by any local housing authority under section 190(2), 193(2) or 195(2) (or under section 65(2) or 68(2) of the Housing Act 1985) or who are occupying accommodation secured by any such authority under section 192(3);

(c) people occupying insanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions;

(d) people who need to move on medical or welfare grounds [F372 (including grounds relating to a disability) ] ; and

(e) people who need to move to a particular locality in the district of the authority, where failure to meet that need would cause hardship (to themselves or to others).

The scheme may also be framed so as to give additional preference to particular descriptions of people within this subsection (being descriptions of people with urgent housing needs).

[F373 (2ZA) People are to be disregarded for the purposes of subsection (2) if they would not have fallen within paragraph (a) or (b) of that subsection without the local housing authority having had regard to a restricted person (within the meaning of Part 7).]

(2A) The scheme may contain provision for determining priorities in allocating housing accommodation to people within subsection (2); and the factors which the scheme may allow to be taken into account include—

(a) the financial resources available to a person to meet his housing costs;

(b) any behaviour of a person (or of a member of his household) which affects his suitability to be a tenant;

(c) any local connection (within the meaning of section 199) which exists between a person and the authority’s district.

(2B) Nothing in subsection (2) requires the scheme to provide for any preference to be given to people the authority have decided are people to whom subsection (2C) applies.

(2C) This subsection applies to a person if the authority are satisfied that—

(a) he, or a member of his household, has been guilty of unacceptable behaviour serious enough to make him unsuitable to be a tenant of the authority; and

(b) in the circumstances at the time his case is considered, he deserves by reason of that behaviour not to be treated as a member of a group of people who are to be given preference by virtue of subsection (2).

(2D) Subsection (8) of section 160A applies for the purposes of subsection (2C)(a) above as it applies for the purposes of subsection (7)(a) of that section.

(2E) Subject to subsection (2), the scheme may contain provision about the allocation of particular housing accommodation—

(a) to a person who makes a specific application for that accommodation;

(b) to persons of a particular description (whether or not they are within subsection (2)).]

(3) The Secretary of State may by regulations—

(a) specify further descriptions of people to whom preference is to be given as mentioned in subsection (2), or

(b) amend or repeal any part of subsection (2).

(4) The Secretary of State may by regulations specify factors which a local housing authority [F374 in Wales ] shall not take into account in allocating housing accommodation.

[F375 (4A) The scheme shall be framed so as to secure that an applicant for an allocation of housing accommodation—

(a) has the right to request such general information as will enable him to assess—

(i) how his application is likely to be treated under the scheme (including in particular whether he is likely to be regarded as a member of a group of people who are to be given preference by virtue of subsection (2)); and

(ii) whether housing accommodation appropriate to his needs is likely to be made available to him and, if so, how long it is likely to be before such accommodation becomes available for allocation to him;

(b) is notified in writing of any decision that he is a person to whom subsection (2C) applies and the grounds for it;

(c) has the right to request the authority to inform him of any decision about the facts of his case which is likely to be, or has been, taken into account in considering whether to allocate housing accommodation to him; and

(d) has the right to request a review of a decision mentioned in paragraph (b) or (c), or in section 160A(9), and to be informed of the decision on the review and the grounds for it.]

(5) As regards the procedure to be followed, the scheme shall be framed in accordance with such principles as the Secretary of State may prescribe by regulations.

(6) Subject to the above provisions, and to any regulations made under them, the authority may decide on what principles the scheme is to be framed.

(7) Before adopting an allocation scheme, or making an alteration to their scheme reflecting a major change of policy, a local housing authority [F376 in Wales] shall—

(a) send a copy of the draft scheme, or proposed alteration, to every [F377 private registered provider of social housing and] registered social landlord with which they have nomination arrangements (see section 159(4)), and

(b) afford those persons a reasonable opportunity to comment on the proposals.

(8) A local housing authority [F378 in Wales] shall not allocate housing accommodation except in accordance with their allocation scheme.

Textual Amendments

F367 Words in s. 167 heading inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 147(5)(a), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

F368 Words in s. 167(1) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 147(5)(b), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

F369 S. 167(1A) inserted (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, s. 16(1)(2) (with s. 20(4)); S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

F370 S. 167(2)-(2E) substituted (27.1.2003 for W. and 31.1.2003 for E.) for s. 167(2) by 2002 c. 7, s. 16(1)(3) (with s. 20(4)); S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

F371 Words in s. 167(2) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 2(2); S.I. 2009/415, art. 2

F372 Words in s. 167(2)(d) inserted (27.4.2005 for E.) by Housing Act 2004 (c. 34), ss. 223, 270(4), (5)(c); S.I. 2005/1120, art. 2

F373 S. 167(2ZA) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 2(3); S.I. 2009/415, art. 2

F374 Words in s. 167(4) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 147(5)(c), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

F375 S. 167(4A) inserted (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, s. 16(1)(4) (with s. 20(4)); S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

F376 Words in s. 167(7) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 147(5)(d), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

F377 Words in s. 167(7)(a) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 101 (with art. 6, Sch. 3)

F378 Words in s. 167(8) inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 147(5)(e), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3

Commencement Information

I40 S. 167 wholly in force 1.4.1997: s. 167 not in force at Royal Assent, see s. 232(1)-(3); s. 167(3)-(5) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 167 in force for certain purposes at 23.10.1996 by S.I. 1996/2658, art. 2 and in force at 1.4.1997 to the extent it is not already in force by S.I. 1996/2959, art. 3

168 Information about allocation scheme. E+W

(1) A local housing authority shall publish a summary of their allocation scheme and provide a copy of the summary free of charge to any member of the public who asks for one.

(2) The authority shall make the scheme available for inspection at their principal office and shall provide a copy of the scheme, on payment of a reasonable fee, to any member of the public who asks for one.

(3) When the authority make an alteration to their scheme reflecting a major change of policy, they shall within a reasonable period of time [F379 take such steps as they consider reasonable to bring the effect of the alteration to the attention of those likely to be affected by it].

Textual Amendments

F379 Words in s. 168(3) substituted (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, s. 18(1), Sch. 1 para. 4 (with s. 20(4)); S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

Supplementary E+W

169 Guidance to authorities by the Secretary of State. E+W

(1) In the exercise of their functions under this Part, local housing authorities shall have regard to such guidance as may from time to time be given by the Secretary of State.

(2) The Secretary of State may give guidance generally or to specified descriptions of authorities.

170 Co-operation between [F380 certain] social landlords and local housing authorities. E+W

Where a local housing authority so request, a [F381 private registered provider of social housing or] registered social landlord shall co-operate to such extent as is reasonable in the circumstances in offering accommodation to [F382 people with priority under the authority’s allocation scheme].

Textual Amendments

F380 Word in s. 170 heading substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 102(b) (with art. 6, Sch. 3)

F381 Words in s. 170 inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 102(a) (with art. 6, Sch. 3)

F382 Words in s. 170 substituted (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, s. 18(1), Sch. 1 para. 5 (with s. 20(4)); S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

171 False statements and withholding information. E+W

(1) A person commits an offence if, in connection with the exercise by a local housing authority of their functions under this Part—

(a) he knowingly or recklessly makes a statement which is false in a material particular, or

(b) he knowingly withholds information which the authority have reasonably required him to give in connection with the exercise of those functions.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

172 Regulations. E+W

(1) Regulations under this Part shall be made by statutory instrument.

(2) No regulations shall be made under section [F383 166A(7) or] 167(3) (regulations amending provisions about priorities in allocating housing accommodation) unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.

(3) Any other regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Regulations under this Part may contain such incidental, supplementary and transitional provisions as appear to the Secretary of State appropriate, and may make different provision for different cases including different provision for different areas.

Textual Amendments

F383 Words in s. 172(2) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 147(6), 240(2); S.I. 2012/57, art. 4(1)(l) (with arts. 6, 7, 9-11)

173 Consequential amendments: Part VI. E+W

The enactments mentioned in Schedule 16 have effect with the amendments specified there which are consequential on the provisions of this Part.

174 Index of defined expressions: Part VI. E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section)—

allocation (of housing)	section 159(2)
allocation scheme	section 167
assured tenancy	section 230
[F384 district (of local housing authority)	F384 section 166(5)]
F385 ...	F385 ...
introductory tenancy and introductory tenant	sections 230 and 124
local housing authority	section 230
F385 ...	F385 ...
registered social landlord	sections 230 and 2
secure tenancy and secure tenant	section 230

Textual Amendments

F384 S. 174: entry inserted (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, s. 18(1), Sch. 1 para. 6 (with s. 20(4)); S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

F385 S. 174: entries repealed (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

Part VII E+W Homelessness

Modifications etc. (not altering text)

C96 Pt. VII (ss. 175-218) modified (20.1.1997) by S.I. 1996/3205, art. 3, Sch.2

Pt. VII (ss. 175-218) applied (with modifications) (temp.) (6.12.1999) by S.I. 1999/3126, arts.2, 7

Pt. VII (ss. 175-218): power to apply (with modifications) (transitional provision) (11.11.1999) by 1999 c. 33, s. 169(2), Sch. 15 para. 13

Homelessness and threatened homelessness E+W

175 Homelessness and threatened homelessness. E+W

(1) A person is homeless if he has no accommodation available for his occupation, in the United Kingdom or elsewhere, which he—

(a) is entitled to occupy by virtue of an interest in it or by virtue of an order of a court,

(b) has an express or implied licence to occupy, or

(c) occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of another person to recover possession.

(2) A person is also homeless if he has accommodation but—

(a) he cannot secure entry to it, or

(b) it consists of a moveable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted both to place it and to reside in it.

(3) A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy.

(4) A person is threatened with homelessness if it is likely that he will become homeless within 28 days.

176 Meaning of accommodation available for occupation. E+W

Accommodation shall be regarded as available for a person’s occupation only if it is available for occupation by him together with—

(a) any other person who normally resides with him as a member of his family, or

(b) any other person who might reasonably be expected to reside with him.

References in this Part to securing that accommodation is available for a person’s occupation shall be construed accordingly.

177 Whether it is reasonable to continue to occupy accommodation. E+W

(1) It is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to domestic violence [F386 or other violence] against him, or against—

(a) a person who normally resides with him as a member of his family, or

(b) any other person who might reasonably be expected to reside with him.

[F387 (1A) For this purpose “violence” means—

(a) violence from another person; or

(b) threats of violence from another person which are likely to be carried out;

and violence is “domestic violence” if it is from a person who is associated with the victim.]

(2) In determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation, regard may be had to the general circumstances prevailing in relation to housing in the district of the local housing authority to whom he has applied for accommodation or for assistance in obtaining accommodation.

(3) The Secretary of State may by order specify—

(a) other circumstances in which it is to be regarded as reasonable or not reasonable for a person to continue to occupy accommodation, and

(b) other matters to be taken into account or disregarded in determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation.

Textual Amendments

F386 Words in s. 177(1) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 10(1)(a) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F387 S. 177(1A) substituted for the words following s. 177(1)(b) (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 10(1)(b) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Commencement Information

I41 S. 177 wholly in force 20.1.1997: s. 177 not in force at Royal Assent, see s. 232(1)-(3); s. 177(3) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 177 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

178 Meaning of associated person. E+W

(1) For the purposes of this Part, a person is associated with another person if—

(a) they are or have been married to each other;

[F388 (aa) they are or have been civil partners of each other;]

(b) they are cohabitants or former cohabitants;

(c) they live or have lived in the same household;

(d) they are relatives;

(e) they have agreed to marry one another (whether or not that agreement has been terminated);

[F389 (ea) they have entered into a civil partnership agreement between them (whether or not that agreement has been terminated);]

(f) in relation to a child, each of them is a parent of the child or has, or has had, parental responsibility for the child.

(2) If a child has been adopted or [F390 falls within subsection (2A) ] , two persons are also associated with each other for the purposes of this Part if—

(a) one is a natural parent of the child or a parent of such a natural parent, and

(b) the other is the child or a person—

(i) who has become a parent of the child by virtue of an adoption order or who has applied for an adoption order, or

(ii) with whom the child has at any time been placed for adoption.

[F391 (2A) A child falls within this subsection if—

(a) an adoption agency, within the meaning of section 2 of the Adoption and Children Act 2002, is authorised to place him for adoption under section 19 of that Act (placing children with parental consent) or he has become the subject of an order under section 21 of that Act (placement orders), or

(b) he is freed for adoption by virtue of an order made—

(i) in England and Wales, under section 18 of the Adoption Act 1976,

(ii) in Scotland, under section 18 of the Adoption (Scotland) Act 1978, or

(iii) in Northern Ireland, under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987.]

(3) In this section—

• [F392 “adoption order” means an adoption order within the meaning of section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002;]

• “child” means a person under the age of 18 years;

• [F393 “civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004;]

• [F394 “cohabitants” means—

  (a)

  a man and a woman who, although not married to each other, are living together as husband and wife, or

  (b)

  two people of the same sex who, although not civil partners of each other, are living together as if they were civil partners;

  and “former cohabitants” shall be construed accordingly;]

• “parental responsibility” has the same meaning as in the M95 Children Act 1989; and

• “relative”, in relation to a person, means—

  (a)

  the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of that person or of that person’s [F395 spouse, civil partner, former spouse or former civil partner ] , or

  (b)

  the brother, sister, uncle, aunt, niece or nephew (whether of the full blood or of the half blood or by [F396 marriage or civil partnership ] ) of that person or of that person’s [F395 spouse, civil partner, former spouse or former civil partner ] ,

  and includes, in relation to a person who is living or has lived with another person as husband and wife, a person who would fall within paragraph (a) or (b) if the parties were married to each other.

Textual Amendments

F388 S. 178(1)(aa) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 61(2); S.I. 2005/3175, art. 2(1), Sch. 1

F389 S. 178(1)(ea) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 61(3); S.I. 2005/3175, art. 2(1), Sch. 1

F390 Words in s. 178(2) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 90 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F391 S. 178(2A) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 91 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F392 Words in s. 178(3) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 92 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F393 Words in s. 178(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 61(4); S.I. 2005/3175, art. 2(1), Sch. 1

F394 Words in s. 178(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 61(5); S.I. 2005/3175, art. 2(1), Sch. 1

F395 Words in s. 178(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 61(6); S.I. 2005/3175, art. 2(1), Sch. 1

F396 Words in s. 178(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 61(7); S.I. 2005/3175, art. 2(1), Sch. 1

Marginal Citations

M95 1989 c. 41.

General functions in relation to homelessness or threatened homelessness E+W

179 Duty of local housing authority to provide advisory services. E+W

(1) Every local housing authority shall secure that advice and information about homelessness, and the prevention of homelessness, is available free of charge to any person in their district.

(2) The authority may give to any person by whom such advice and information is provided on behalf of the authority assistance by way of grant or loan.

(3) A local housing authority may also assist any such person—

(a) by permitting him to use premises belonging to the authority,

(b) by making available furniture or other goods, whether by way of gift, loan or otherwise, and

(c) by making available the services of staff employed by the authority.

180 Assistance for voluntary organisations. E+W

(1) The Secretary of State or a local housing authority may give assistance by way of grant or loan to voluntary organisations concerned with homelessness or matters relating to homelessness.

(2) A local housing authority may also assist any such organisation—

(a) by permitting them to use premises belonging to the authority,

(b) by making available furniture or other goods, whether by way of gift, loan or otherwise, and

(c) by making available the services of staff employed by the authority.

(3) A “voluntary organisation” means a body (other than a public or local authority) whose activities are not carried on for profit.

181 Terms and conditions of assistance. E+W

(1) This section has effect as to the terms and conditions on which assistance is given under section 179 or 180.

(2) Assistance shall be on such terms, and subject to such conditions, as the person giving the assistance may determine.

(3) No assistance shall be given unless the person to whom it is given undertakes—

(a) to use the money, furniture or other goods or premises for a specified purpose, and

(b) to provide such information as may reasonably be required as to the manner in which the assistance is being used.

The person giving the assistance may require such information by notice in writing, which shall be complied with within 21 days beginning with the date on which the notice is served.

(4) The conditions subject to which assistance is given shall in all cases include conditions requiring the person to whom the assistance is given—

(a) to keep proper books of account and have them audited in such manner as may be specified,

(b) to keep records indicating how he has used the money, furniture or other goods or premises, and

(c) to submit the books of account and records for inspection by the person giving the assistance.

(5) If it appears to the person giving the assistance that the person to whom it was given has failed to carry out his undertaking as to the purpose for which the assistance was to be used, he shall take all reasonable steps to recover from that person an amount equal to the amount of the assistance.

(6) He must first serve on the person to whom the assistance was given a notice specifying the amount which in his opinion is recoverable and the basis on which that amount has been calculated.

182 Guidance by the Secretary of State. E+W

(1) In the exercise of their functions relating to homelessness and the prevention of homelessness, a local housing authority or social services authority shall have regard to such guidance as may from time to time be given by the Secretary of State.

(2) The Secretary of State may give guidance either generally or to specified descriptions of authorities.

Application for assistance in case of homelessness or threatened homelessness E+W

183 Application for assistance. E+W

(1) The following provisions of this Part apply where a person applies to a local housing authority for accommodation, or for assistance in obtaining accommodation, and the authority have reason to believe that he is or may be homeless or threatened with homelessness.

(2) In this Part—

• “applicant” means a person making such an application,

• “assistance under this Part” means the benefit of any function under the following provisions of this Part relating to accommodation or assistance in obtaining accommodation, and

• “eligible for assistance” means not excluded from such assistance by section 185 (persons from abroad not eligible for housing assistance) or section 186 (asylum seekers and their dependants).

(3) Nothing in this section or the following provisions of this Part affects a person’s entitlement to advice and information under section 179 (duty to provide advisory services).

Modifications etc. (not altering text)

C97 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Commencement Information

I42 S. 183 wholly in force 20.1.1997: s. 183 not in force at Royal Assent, see s. 232(1)-(3); s. 183(2) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 183 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

184 Inquiry into cases of homelessness or threatened homelessness. E+W

(1) If the local housing authority have reason to believe that an applicant may be homeless or threatened with homelessness, they shall make such inquiries as are necessary to satisfy themselves—

(a) whether he is eligible for assistance, and

(b) if so, whether any duty, and if so what duty, is owed to him under the following provisions of this Part.

(2) They may also make inquiries whether he has a local connection with the district of another local housing authority in England, Wales or Scotland.

(3) On completing their inquiries the authority shall notify the applicant of their decision and, so far as any issue is decided against his interests, inform him of the reasons for their decision.

[F397 (3A) If the authority decide that a duty is owed to the applicant under section 193(2) or 195(2) but would not have done so without having had regard to a restricted person, the notice under subsection (3) must also—

(a) inform the applicant that their decision was reached on that basis,

(b) include the name of the restricted person,

(c) explain why the person is a restricted person, and

(d) explain the effect of section 193(7AD) or (as the case may be) section 195(4A).]

(4) If the authority have notified or intend to notify another local housing authority under section 198 (referral of cases), they shall at the same time notify the applicant of that decision and inform him of the reasons for it.

(5) A notice under subsection (3) or (4) shall also inform the applicant of his right to request a review of the decision and of the time within which such a request must be made (see section 202).

(6) Notice required to be given to a person under this section shall be given in writing and, if not received by him, shall be treated as having been given to him if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

[F398 (7) In this Part “a restricted person” means a person—

(a) who is not eligible for assistance under this Part,

(b) who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and

(c) either—

(i) who does not have leave to enter or remain in the United Kingdom, or

(ii) whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.]

Textual Amendments

F397 S. 184(3A) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 3(2); S.I. 2009/415, art. 2

F398 S. 184(7) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 3(3); S.I. 2009/415, art. 2

Modifications etc. (not altering text)

C98 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Eligibility for assistance E+W

185 Persons from abroad not eligible for housing assistance. E+W

(1) A person is not eligible for assistance under this Part if he is a person from abroad who is ineligible for housing assistance.

(2) A person who is subject to immigration control within the meaning of the M96 Asylum and Immigration Act 1996 is not eligible for housing assistance unless he is of a class prescribed by regulations made by the Secretary of State.

[F399 (2A) No person who is excluded from entitlement to housing benefit by section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) shall be included in any class prescribed under subsection (2).]

(3) The Secretary of State may make provision by regulations as to other descriptions of persons who are to be treated for the purposes of this Part as persons from abroad who are ineligible for housing assistance.

(4) A person from abroad who is not eligible for housing assistance shall be disregarded in determining for the purposes of this Part whether [F400 a person falling within subsection (5)] —

(a) is homeless or threatened with homelessness, or

(b) has a priority need for accommodation.

[F401 (5) A person falls within this subsection if the person—

(a) falls within a class prescribed by regulations made under subsection (2); but

(b) is not a national of an EEA State or Switzerland.]

Textual Amendments

F399 S. 185(2A) substituted (26.2.2002) by 2002 c. 7, s. 18(2), Sch. 1 para. 7(1) (with s. 20(4))

F400 Words in s. 185(4) substituted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 4(2); S.I. 2009/415, art. 2

F401 S. 185(5) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 4(3); S.I. 2009/415, art. 2

Modifications etc. (not altering text)

C99 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Commencement Information

I43 S. 185 wholly in force at 20.1.1997: s. 185 not in force at Royal Assent, see s. 232(1)-(3); s. 185(2)(3) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4; s. 185 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

Marginal Citations

M96 1996 c. 49.

186 Asylum-seekers and their dependants. E+W

(1) An asylum-seeker, or a dependant of an asylum-seeker who is not by virtue of section 185 a person from abroad who is ineligible for housing assistance, is not eligible for assistance under this Part if he has any accommodation in the United Kingdom, however temporary, available for his occupation.

(2) For the purposes of this section a person who makes a claim for asylum—

(a) becomes an asylum-seeker at the time when his claim is recorded by the Secretary of State as having been made, and

(b) ceases to be an asylum-seeker at the time when his claim is recorded by the Secretary of State as having been finally determined or abandoned.

(3) For the purposes of this section a person—

(a) becomes a dependant of an asylum-seeker at the time when he is recorded by the Secretary of State as being a dependant of the asylum-seeker, and

(b) ceases to be a dependant of an asylum-seeker at the time when the person whose dependant he is ceases to be an asylum-seeker or, if it is earlier, at the time when he is recorded by the Secretary of State as ceasing to be a dependant of the asylum-seeker.

(4) In relation to an asylum-seeker, “dependant” means a person—

(a) who is his spouse or a child of his under the age of eighteen, and

(b) who has neither a right of abode in the United Kingdom nor indefinite leave under the M97 Immigration Act 1971 to enter or remain in the United Kingdom.

(5) In this section a “claim for asylum” means a claim made by a person that it would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention for him to be removed from, or required to leave, the United Kingdom.

Modifications etc. (not altering text)

C100 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Marginal Citations

M97 1971 c. 77.

187 Provision of information by Secretary of State. E+W

(1) The Secretary of State shall, at the request of a local housing authority, provide the authority with such information as they may require—

(a) as to whether a person is [F402 a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies], or a dependant of an asylum-seeker, and

(b) to enable them to determine whether such a person is eligible for assistance under this Part under section 185 (persons from abroad not eligible for housing assistance).

(2) Where that information is given otherwise than in writing, the Secretary of State shall confirm it in writing if a written request is made to him by the authority.

(3) If it appears to the Secretary of State that any application, decision or other change of circumstances has affected the status of a person about whom information was previously provided by him to a local housing authority under this section, he shall inform the authority in writing of that fact, the reason for it and the date on which the previous information became inaccurate.

Textual Amendments

F402 Words in s. 187(1)(a) substituted (3.4.2000) by 1999 c. 33, s. 117(6); S.I. 2000/464, art. 2, Sch.

Modifications etc. (not altering text)

C101 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Interim duty to accommodate E+W

188 Interim duty to accommodate in case of apparent priority need. E+W

(1) If the local housing authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they shall secure that accommodation is available for his occupation pending a decision as to the duty (if any) owed to him under the following provisions of this Part.

(2) The duty under this section arises irrespective of any possibility of the referral of the applicant’s case to another local housing authority (see sections 198 to 200).

(3) The duty ceases when the authority’s decision is notified to the applicant, even if the applicant requests a review of the decision (see section 202).

The authority may [F403 secure] that accommodation is available for the applicant’s occupation pending a decision on a review.

Textual Amendments

F403 Word in s. 188(3) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 8 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C102 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

C103 S. 188(3) restricted (8.1.2003) by 2002 c. 41, s. 55 (with s. 159); S.I. 2002/2811, art. 2, Sch.

S. 188(3) restricted (prosp.) by 2002 c. 41, ss. 54, 162(2), Sch. 3 para. 1(1)(j) (with s. 159)

189 Priority need for accommodation. E+W

(1) The following have a priority need for accommodation—

(a) a pregnant woman or a person with whom she resides or might reasonably be expected to reside;

(b) a person with whom dependent children reside or might reasonably be expected to reside;

(c) a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside;

(d) a person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster.

(2) The Secretary of State may by order—

(a) specify further descriptions of persons as having a priority need for accommodation, and

(b) amend or repeal any part of subsection (1).

(3) Before making such an order the Secretary of State shall consult such associations representing relevant authorities, and such other persons, as he considers appropriate.

(4) No such order shall be made unless a draft of it has been approved by resolution of each House of Parliament.

Modifications etc. (not altering text)

C104 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

Commencement Information

I44 S. 189 wholly in force 20.1.1997: s. 189 not in force at Royal Assent, see s. 232(1)-(3); s. 189(2)-(4) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 189 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

Duties to persons found to be homeless or threatened with homelessness E+W

190 Duties to persons becoming homeless intentionally. E+W

(1) This section applies where the local housing authority are satisfied that an applicant is homeless and is eligible for assistance but are also satisfied that he became homeless intentionally.

(2) If the authority are satisfied that the applicant has a priority need, they shall—

(a) secure that accommodation is available for his occupation for such period as they consider will give him a reasonable opportunity of securing accommodation for his occupation, and

(b) provide him with [F404 (or secure that he is provided with) advice and assistance] in any attempts he may make to secure that accommodation becomes available for his occupation.

(3) If they are not satisfied that he has a priority need, they shall provide him with [F404 (or secure that he is provided with) advice and assistance] in any attempts he may make to secure that accommodation becomes available for his occupation.

[F405 (4) The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (2)(b) or (3).

F405 (5) The advice and assistance provided under subsection (2)(b) or (3) must include information about the likely availability in the authority’s district of types of accommodation appropriate to the applicant’s housing needs (including, in particular, the location and sources of such types of accommodation).]

Textual Amendments

F404 Words in s. 190(2)(b)(3) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 9 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F405 S. 190(4)(5) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 10 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C105 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

191 Becoming homeless intentionally. E+W

(1) A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

(2) For the purposes of subsection (1) an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.

(3) A person shall be treated as becoming homeless intentionally if—

(a) he enters into an arrangement under which he is required to cease to occupy accommodation which it would have been reasonable for him to continue to occupy, and

(b) the purpose of the arrangement is to enable him to become entitled to assistance under this Part,

and there is no other good reason why he is homeless.

F406 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F406 S. 191(4) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C106 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

192 Duty to persons not in priority need who are not homeless intentionally. E+W

(1) This section applies where the local housing authority—

(a) are satisfied that an applicant is homeless and eligible for assistance, and

(b) are not satisfied that he became homeless intentionally,

but are not satisfied that he has a priority need.

(2) The authority shall provide the applicant with [F407 (or secure that he is provided with) advice and assistance] in any attempts he may make to secure that accommodation becomes available for his occupation.

[F408 (3) The authority may secure that accommodation is available for occupation by the applicant.]

[F409 (4) The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (2).

F409 (5) The advice and assistance provided under subsection (2) must include information about the likely availability in the authority’s district of types of accommodation appropriate to the applicant’s housing needs (including, in particular, the location and sources of such types of accommodation).]

Textual Amendments

F407 Words in s. 192(2) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 11 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F408 S. 192(3) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 5(1) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F409 S. 192(4)(5) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 12 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C107 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

193 Duty to persons with priority need who are not homeless intentionally. E+W

(1) This section applies where the local housing authority are satisfied that an applicant is homeless, eligible for assistance and has a priority need, and are not satisfied that he became homeless intentionally.

F410 ...

(2) Unless the authority refer the application to another local housing authority (see section 198), they shall secure that accommodation is available for occupation by the applicant.

[F411 (3) The authority are subject to the duty under this section until it ceases by virtue of any of the following provisions of this section.]

[F412 (3A) The authority shall, on becoming subject to the duty under this section [F413 in a case which is not a restricted case], give the applicant a copy of the statement included in their allocation scheme by virtue of section 167(1A) (policy on offering choice to people allocated housing accommodation under Part 6).]

[F414 (3B) In this section “a restricted case” means a case where the local housing authority would not be satisfied as mentioned in subsection (1) without having had regard to a restricted person.]

(5) The local housing authority shall cease to be subject to the duty under this section if the applicant, having been informed by the authority of the possible consequence of refusal [F415 and of his right to request a review of the suitability of the accommodation], refuses an offer of accommodation which the authority are satisfied is suitable for him and the authority notify him that they regard themselves as having discharged their duty under this section.

(6) The local housing authority shall cease to be subject to the duty under this section if the applicant—

(a) ceases to be eligible for assistance,

(b) becomes homeless intentionally from the accommodation made available for his occupation,

(c) accepts an offer of accommodation under Part VI (allocation of housing), or

[F416 (cc) accepts an offer of an assured tenancy (other than an assured shorthold tenancy) from a private landlord,]

(d) otherwise voluntarily ceases to occupy as his only or principal home the accommodation made available for his occupation.

[F417 (7) The local housing authority shall also cease to be subject to the duty under this section if the applicant, having been informed of the possible consequence of refusal and of his right to request a review of the suitability of the accommodation, refuses a final offer of accommodation under Part 6.

(7A) An offer of accommodation under Part 6 is a final offer for the purposes of subsection (7) if it is made in writing and states that it is a final offer for the purposes of subsection (7).]

[F418 (7AA) In a restricted case the authority shall also cease to be subject to the duty under this section if the applicant, having been informed of the matters mentioned in subsection (7AB)—

(a) accepts a private accommodation offer, or

(b) refuses such an offer.

(7AB) The matters are—

(a) the possible consequence of refusal of the offer, and

(b) that the applicant has the right to request a review of the suitability of the accommodation.

(7AC) For the purposes of this section an offer is a private accommodation offer if—

(a) it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,

(b) it is made, with the approval of the authority, in pursuance of arrangements made by the authority with the landlord with a view to bringing the authority's duty under this section to an end, and

(c) the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least 12 months.

(7AD) In a restricted case the authority shall, so far as reasonably practicable, bring their duty under this section to an end as mentioned in subsection (7AA).]

[F419 (7B) [F420 In a case which is not a restricted case,] the authority shall also cease to be subject to the duty under this section if the applicant accepts a qualifying offer of an assured shorthold tenancy which is made by a private landlord in relation to any accommodation which is, or may become, available for the applicant’s occupation.

(7C) [F421 In a case which is not a restricted case,] the applicant is free to reject a qualifying offer without affecting the duty owed to him under this section by the authority.

(7D) For the purposes of subsection (7B) an offer of an assured shorthold tenancy is a qualifying offer if—

(a) it is made, with the approval of the authority, in pursuance of arrangements made by the authority with the landlord with a view to bringing the authority’s duty under this section to an end;

(b) the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988 (c. 50)); and

(c) it is accompanied by a statement in writing which states the term of the tenancy being offered and explains in ordinary language that—

(i) there is no obligation to accept the offer, but

(ii) if the offer is accepted the local housing authority will cease to be subject to the duty under this section in relation to the applicant.

(7E) An acceptance of a qualifying offer is only effective for the purposes of subsection (7B) if the applicant signs a statement acknowledging that he has understood the statement mentioned in subsection (7D).

(7F) The local housing authority shall not—

(a) make a final offer of accommodation under Part 6 for the purposes of subsection (7);

[F422 (ab) approve a private accommodation offer;] or

(b) approve an offer of an assured shorthold tenancy for the purposes of subsection (7B),

unless they are satisfied that the accommodation is suitable for the applicant and that it is reasonable for him to accept the offer.]

(8) For the purposes of [F423 subsection (7F)] an applicant may reasonably be expected to accept an offer F424 . . .even though he is under contractual or other obligations in respect of his existing accommodation, provided he is able to bring those obligations to an end before he is required to take up the offer.

(9) A person who ceases to be owed the duty under this section may make a fresh application to the authority for accommodation or assistance in obtaining accommodation.

Textual Amendments

F410 Words in s. 193(1) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F411 S. 193(3) substituted for s. 193(3)(4) (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 6(1) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F412 S. 193(3A) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 13 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F413 Words in s. 193(3A) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 5(2); S.I. 2009/415, art. 2

F414 S. 193(3B) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 5(3); S.I. 2009/415, art. 2

F415 Words in s. 193(5) inserted (26.2.2002) by 2002 c. 7, s. 8(1) (with s. 20(4))

F416 S. 193(6)(cc) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 7(1)(2)(6) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F417 S. 193(7)(7A) substituted for s. 193(7) (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 7(1)(3)(6) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F418 S. 193(7AA)-(7AD) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 5(4); S.I. 2009/415, art. 2

F419 S. 193(7B)-(7F) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 7(1)(4)(6) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F420 Words in s. 193(7B) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 5(5); S.I. 2009/415, art. 2

F421 Words in s. 193(7C) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 5(5); S.I. 2009/415, art. 2

F422 S. 193(7F)(ab) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 5(6); S.I. 2009/415, art. 2

F423 Words in s. 193(8) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 7(1)(5)(6) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F424 Words in s. 193(8) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, ss. 7(1)(5)(6), 18(2), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C108 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

F425 194 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F425 S. 194 repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, ss. 6(3), 18(2), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

195 Duties in case of threatened homelessness. E+W

(1) This section applies where the local housing authority are satisfied that an applicant is threatened with homelessness and is eligible for assistance.

(2) If the authority—

(a) are satisfied that he has a priority need, and

(b) are not satisfied that he became threatened with homelessness intentionally,

they shall take reasonable steps to secure that accommodation does not cease to be available for his occupation.

F426 ...

(3) Subsection (2) does not affect any right of the authority, whether by virtue of a contract, enactment or rule of law, to secure vacant possession of any accommodation.

[F427 (3A) The authority shall, on becoming subject to the duty under this section [F428 in a case which is not a restricted threatened homelessness case] , give the applicant a copy of the statement included in their allocation scheme by virtue of section 167(1A) (policy on offering choice to people allocated housing accommodation under Part 6).]

(4) Where [F429 , in a case which is not a restricted threatened homelessness case, ] in pursuance of the duty under subsection (2) the authority secure that accommodation other than that occupied by the applicant when he made his application is available for occupation by him, the provisions of section 193(3) to (9) (period for which duty owed) and section 194 (power exercisable after minimum period of duty) apply, with any necessary modifications, in relation to the duty under this section as they apply in relation to the duty under section 193 [F430 in a case which is not a restricted case (within the meaning of that section)] .

[F431 (4A) Where, in a restricted threatened homelessness case, in pursuance of the duty under subsection (2) the authority secure that accommodation other than that occupied by the applicant when he made his application is available for occupation by him, the provisions of section 193(3) to (9) (period for which duty owed) apply, with any necessary modifications, in relation to the duty under this section as they apply in relation to the duty under section 193 in a restricted case (within the meaning of that section).

(4B) In subsections (3A) to (4A) “a restricted threatened homelessness case” means a case where the local housing authority would not be satisfied as mentioned in subsection (1) without having had regard to a restricted person.]

(5) If the authority—

(a) are not satisfied that the applicant has a priority need, or

(b) are satisfied that he has a priority need but are also satisfied that he became threatened with homelessness intentionally,

they shall [F432 provide him with (or secure that he is provided with) advice and assistance] in any attempts he may make to secure that accommodation does not cease to be available for his occupation.

[F433 (6) The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (5).

F433 (7) The advice and assistance provided under subsection (5) must include information about the likely availability in the authority’s district of types of accommodation appropriate to the applicant’s housing needs (including, in particular, the location and sources of such types of accommodation).]

[F434 (8) If the authority decide that they owe the applicant the duty under subsection (5) by virtue of paragraph (b) of that subsection, they may, pending a decision on a review of that decision—

(a) secure that accommodation does not cease to be available for his occupation; and

(b) if he becomes homeless, secure that accommodation is so available.]

[F435 (9) If the authority—

(a) are not satisfied that the applicant has a priority need; and

(b) are not satisfied that he became threatened with homelessness intentionally,

the authority may take reasonable steps to secure that accommodation does not cease to be available for the applicant’s occupation.]

Textual Amendments

F426 Words in s. 195(2) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F427 S. 195(3A) inserted (30.9.2002 for W. and 31.1.2003 for E.) by 2002 c. 7, s. 18(1), Sch. 1 para. 14(a) (with s. 20(4)); S.I. 2002/1736, art. 2(1), Sch. Pt. 1; S.I. 2002/3144, art. 3

F428 Words in s. 195(3A) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 6(2); S.I. 2009/415, art. 2

F429 Words in s. 195(4) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 6(3)(a); S.I. 2009/415, art. 2

F430 Words in s. 195(4) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 6(3)(b); S.I. 2009/415, art. 2

F431 S. 195(4A)(4B) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 6(4); S.I. 2009/415, art. 2

F432 Words in s. 195(5) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 14(b) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F433 S. 195(6)(7) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 14(c) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F434 S. 195(8) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 14(d) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F435 S. 195(9) inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 5(2) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C109 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

196 Becoming threatened with homelessness intentionally. E+W

(1) A person becomes threatened with homelessness intentionally if he deliberately does or fails to do anything the likely result of which is that he will be forced to leave accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

(2) For the purposes of subsection (1) an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.

(3) A person shall be treated as becoming threatened with homelessness intentionally if—

(a) he enters into an arrangement under which he is required to cease to occupy accommodation which it would have been reasonable for him to continue to occupy, and

(b) the purpose of the arrangement is to enable him to become entitled to assistance under this Part,

and there is no other good reason why he is threatened with homelessness.

F436 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F436 S. 196(4) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C110 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

Duty where other suitable accommodation available E+W

F437 197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F437 S. 197 repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, ss. 9(1), 18(2), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Referral to another local housing authority E+W

198 Referral of case to another local housing authority. E+W

(1) If the local housing authority would be subject to the duty under section 193 (accommodation for those with priority need who are not homeless intentionally) but consider that the conditions are met for referral of the case to another local housing authority, they may notify that other authority of their opinion.

F438 ...

(2) The conditions for referral of the case to another authority are met if—

(a) neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,

(b) the applicant or a person who might reasonably be expected to reside with him has a local connection with the district of that other authority, and

(c) neither the applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic violence in that other district.

[F439 (2A) But the conditions for referral mentioned in subsection (2) are not met if—

(a) the applicant or any person who might reasonably be expected to reside with him has suffered violence (other than domestic violence) in the district of the other authority; and

(b) it is probable that the return to that district of the victim will lead to further violence of a similar kind against him.

(3) For the purposes of subsections (2) and (2A) “violence” means—

(a) violence from another person; or

(b) threats of violence from another person which are likely to be carried out;

and violence is “domestic violence” if it is from a person who is associated with the victim.]

(4) The conditions for referral of the case to another authority are also met if—

(a) the applicant was on a previous application made to that other authority placed (in pursuance of their functions under this Part) in accommodation in the district of the authority to whom his application is now made, and

(b) the previous application was within such period as may be prescribed of the present application.

(5) The question whether the conditions for referral of a case are satisfied shall be decided by agreement between the notifying authority and the notified authority or, in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order.

(6) An order may direct that the arrangements shall be—

(a) those agreed by any relevant authorities or associations of relevant authorities, or

(b) in default of such agreement, such arrangements as appear to the Secretary of State to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.

(7) No such order shall be made unless a draft of the order has been approved by a resolution of each House of Parliament.

Textual Amendments

F438 Words in s. 198(1) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F439 S. 198(2A)(3) substituted for s. 198(3) (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 10(2) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C111 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

C112 S. 198 modified (temp.) (6.12.1999) by S.I. 1999/3126, arts. 3, 7

Commencement Information

I45 S. 198 wholly in force 20.1.1997: s. 198 not in force at Royal Assent, see s. 232(1)-(3); s. 198(4)-(7) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4; s. 198 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

199 Local connection. E+W

(1) A person has a local connection with the district of a local housing authority if he has a connection with it—

(a) because he is, or in the past was, normally resident there, and that residence is or was of his own choice,

(b) because he is employed there,

(c) because of family associations, or

(d) because of special circumstances.

F440 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Residence in a district is not of a person’s own choice if—

F441 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) he, or a person who might reasonably be expected to reside with him, becomes resident there because he is detained under the authority of an Act of Parliament.

F442 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Secretary of State may by order specify F443 ... circumstances in which—

(a) a person is not to be treated as employed in a district, or

(b) residence in a district is not to be treated as of a person’s own choice.

[F444 (6) A person has a local connection with the district of a local housing authority if he was (at any time) provided with accommodation in that district under section 95 of the Immigration and Asylum Act 1999 (support for asylum seekers).

(7) But subsection (6) does not apply—

(a) to the provision of accommodation for a person in a district of a local housing authority if he was subsequently provided with accommodation in the district of another local housing authority under section 95 of that Act, or

(b) to the provision of accommodation in an accommodation centre by virtue of section 22 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (use of accommodation centres for section 95 support).]

Textual Amendments

F440 S. 199(2) repealed (1.12.2008 for E., 30.3.2009 for W. for specified purposes) by Housing and Regeneration Act 2008 (c. 17), ss. 315(a), 325(1), Sch. 16; S.I. 2008/3068, arts. 4(10), 5, Sch. (with arts. 6-13); S.I. 2009/773, art. 2

F441 S. 199(3)(a) repealed (1.12.2008 for E., 30.3.2009 for W. for specified purposes) by Housing and Regeneration Act 2008 (c. 17), ss. 315(b), 325(1), Sch. 16; S.I. 2008/3068, arts. 4(10), 5, Sch. (with arts. 6-13); S.I. 2009/773, art. 2

F442 S. 199(4) repealed (1.12.2008 for E., 30.3.2009 for W. for specified purposes) by Housing and Regeneration Act 2008 (c. 17), ss. 315(c), 325(1), Sch. 16; S.I. 2008/3068, arts. 4(10), 5, Sch. (with arts. 6-13); S.I. 2009/773, art. 2; and words in s. 199(4) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), Sch. 16 para. 139; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

F443 Word in s. 199(5) repealed (1.12.2008 for E., 30.3.2009 for W. for specified purposes) by Housing and Regeneration Act 2008 (c. 17), ss. 315(d), 325(1), Sch. 16; S.I. 2008/3068, arts. 4(10), 5, Sch. (with arts. 6-13); S.I. 2009/773, art. 2

F444 S. 199(6)(7) added (4.1.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 11(1), 48(3); S.I. 2004/2999, art. 2, Sch.

Modifications etc. (not altering text)

C113 S. 199 excluded (3.4.1997) by S.I. 1997/797, art. 2(1)(3)(b)

S. 199 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Commencement Information

I46 S. 199 in force 20.1.1997: s. 199 not in force at Royal Assent, see s. 232(1)-(3); s. 199(5) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 199 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

200 Duties to applicant whose case is considered for referral or referred. E+W

(1) Where a local housing authority notify an applicant that they intend to notify or have notified another local housing authority of their opinion that the conditions are met for the referral of his case to that other authority—

(a) they cease to be subject to any duty under section 188 (interim duty to accommodate in case of apparent priority need), and

(b) they are not subject to any duty under section 193 (the main housing duty),

but they shall secure that accommodation is available for occupation by the applicant until he is notified of the decision whether the conditions for referral of his case are met.

(2) When it has been decided whether the conditions for referral are met, the notifying authority shall notify the applicant of the decision and inform him of the reasons for it.

The notice shall also inform the applicant of his right to request a review of the decision and of the time within which such a request must be made.

[F445 (3) If it is decided that the conditions for referral are not met, the notifying authority are subject to the duty under section 193 (the main housing duty).

F445 (4) If it is decided that those conditions are met, the notified authority are subject to the duty under section 193 (the main housing duty).]

(5) The duty under subsection (1), F446 ... ceases as provided in that subsection even if the applicant requests a review of the authority’s decision (see section 202).

The authority may [F447 secure] that accommodation is available for the applicant’s occupation pending the decision on a review.

(6) Notice required to be given to an applicant under this section shall be given in writing and, if not received by him, shall be treated as having been given to him if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

Textual Amendments

F445 S. 200(3)(4) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 15(a) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F446 Words in s. 200(5) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F447 Word in s. 200(5) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 15(b) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C114 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

201 Application of referral provisions to cases arising in Scotland. E+W

Sections 198 and 200 (referral of application to another local housing authority and duties to applicant whose case is considered for referral or referred) apply—

(a) to applications referred by a local authority in Scotland in pursuance of sections 33 and 34 of the M98 Housing (Scotland) Act 1987, and

(b) to persons whose applications are so transferred,

as they apply to cases arising under this Part (the reference in section 198 to this Part being construed as a reference to Part II of that Act).

Modifications etc. (not altering text)

C115 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

Marginal Citations

M98 1987 c. 26.

Right to request review of decision E+W

202 Right to request review of decision. E+W

(1) An applicant has the right to request a review of—

(a) any decision of a local housing authority as to his eligibility for assistance,

(b) any decision of a local housing authority as to what duty (if any) is owed to him under sections 190 to 193 and 195 [F448 and 196] (duties to persons found to be homeless or threatened with homelessness),

(c) any decision of a local housing authority to notify another authority under section 198(1) (referral of cases),

(d) any decision under section 198(5) whether the conditions are met for the referral of his case,

(e) any decision under section 200(3) or (4) (decision as to duty owed to applicant whose case is considered for referral or referred), F449 ...

(f) any decision of a local housing authority as to the suitability of accommodation offered to him in discharge of their duty under any of the provisions mentioned in paragraph (b) or (e) [F450 or as to the suitability of accommodation offered to him as mentioned in section 193(7)][F451 , or

(g) any decision of a local housing authority as to the suitability of accommodation offered to him by way of a private accommodation offer (within the meaning of section 193).]

[F452 (1A) An applicant who is offered accommodation as mentioned in section 193(5)[F453 , (7) or (7AA)] may under subsection (1)(f) [F454 or (as the case may be) (g)] request a review of the suitability of the accommodation offered to him whether or not he has accepted the offer.]

(2) There is no right to request a review of the decision reached on an earlier review.

(3) A request for review must be made before the end of the period of 21 days beginning with the day on which he is notified of the authority’s decision or such longer period as the authority may in writing allow.

(4) On a request being duly made to them, the authority or authorities concerned shall review their decision.

Textual Amendments

F448 Words in s. 202(1)(b) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 16 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F449 Word in s. 202(1) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 16; S.I. 2008/3068, art. 5, Sch. (with arts. 6-13)

F450 Words in s. 202(1)(f) inserted (26.2.2002) by 2002 c. 7, s. 8(2)(a) (with s. 20(4))

F451 S. 202(1)(g) and word inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 7(2); S.I. 2009/415, art. 2

F452 S. 202(1A) inserted (26.2.2002) by 2002 c. 7, s. 8(2)(b) (with s. 20(4))

F453 Words in s. 202(1A) substituted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 7(3)(a); S.I. 2009/415, art. 2

F454 Words in s. 202(1A) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 7(3)(b); S.I. 2009/415, art. 2

Modifications etc. (not altering text)

C116 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

203 Procedure on a review. E+W

(1) The Secretary of State may make provision by regulations as to the procedure to be followed in connection with a review under section 202.

Nothing in the following provisions affects the generality of this power.

(2) Provision may be made by regulations—

(a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and

(b) as to the circumstances in which the applicant is entitled to an oral hearing, and whether and by whom he may be represented at such a hearing.

(3) The authority, or as the case may be either of the authorities, concerned shall notify the applicant of the decision on the review.

(4) If the decision is—

(a) to confirm the original decision on any issue against the interests of the applicant, or

(b) to confirm a previous decision—

(i) to notify another authority under section 198 (referral of cases), or

(ii) that the conditions are met for the referral of his case,

they shall also notify him of the reasons for the decision.

(5) In any case they shall inform the applicant of his right to appeal to a county court on a point of law, and of the period within which such an appeal must be made (see section 204).

(6) Notice of the decision shall not be treated as given unless and until subsection (5), and where applicable subsection (4), is complied with.

(7) Provision may be made by regulations as to the period within which the review must be carried out and notice given of the decision.

(8) Notice required to be given to a person under this section shall be given in writing and, if not received by him, shall be treated as having been given if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

Modifications etc. (not altering text)

C117 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Commencement Information

I47 S. 203 wholly in force 20.1.1997: s. 203 not in force at Royal Assent, see s. 232(1)-(3); s. 203(1)(2)(7) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 203 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

204 Right of appeal to county court on point of law. E+W

(1) If an applicant who has requested a review under section 202—

(a) is dissatisfied with the decision on the review, or

(b) is not notified of the decision on the review within the time prescribed under section 203,

he may appeal to the county court on any point of law arising from the decision or, as the case may be, the original decision.

(2) An appeal must be brought within 21 days of his being notified of the decision or, as the case may be, of the date on which he should have been notified of a decision on review.

[F455 (2A) The court may give permission for an appeal to be brought after the end of the period allowed by subsection (2), but only if it is satisfied—

(a) where permission is sought before the end of that period, that there is a good reason for the applicant to be unable to bring the appeal in time; or

(b) where permission is sought after that time, that there was a good reason for the applicant’s failure to bring the appeal in time and for any delay in applying for permission.]

(3) On appeal the court may make such order confirming, quashing or varying the decision as it thinks fit.

(4) Where the authority were under a duty under section 188, 190 or 200 to secure that accommodation is available for the applicant’s occupation [F456 , or had the power under section 195(8) to do so, they may] secure that accommodation is so available—

(a) during the period for appealing under this section against the authority’s decision, and

(b) if an appeal is brought, until the appeal (and any further appeal) is finally determined.

Textual Amendments

F455 S. 204(2A) inserted (30.9.2002) by 2002 c. 7, s. 18(1), Sch. 1 para. 17(a) (with s. 20(4)); S.I. 2002/1736, art. 2(1), Sch. Pt. 1; S.I. 2002/2324, art. 3 (subject to transitional provisions in art. 4)

F456 Words in s. 204(4) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 17(b) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C118 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

C119 S. 204(4) restricted (8.1.2003) by 2002 c. 41, s. 55(4)(b) (with s. 159); S.I. 2002/2811, art. 2, Sch.

S. 204(4) restricted (prosp.) by 2002 c. 41, ss. 54, 162(2), Sch. 3 para. 1(1)(j) (with s. 159)

[F457 204A Section 204(4): appeals E+W

(1) This section applies where an applicant has the right to appeal to the county court against a local housing authority’s decision on a review.

(2) If the applicant is dissatisfied with a decision by the authority—

(a) not to exercise their power under section 204(4) (“the section 204(4) power”) in his case;

(b) to exercise that power for a limited period ending before the final determination by the county court of his appeal under section 204(1) (“the main appeal”); or

(c) to cease exercising that power before that time,

he may appeal to the county court against the decision.

(3) An appeal under this section may not be brought after the final determination by the county court of the main appeal.

(4) On an appeal under this section the court—

(a) may order the authority to secure that accommodation is available for the applicant’s occupation until the determination of the appeal (or such earlier time as the court may specify); and

(b) shall confirm or quash the decision appealed against,

and in considering whether to confirm or quash the decision the court shall apply the principles applied by the High Court on an application for judicial review.

(5) If the court quashes the decision it may order the authority to exercise the section 204(4) power in the applicant’s case for such period as may be specified in the order.

(6) An order under subsection (5)—

(a) may only be made if the court is satisfied that failure to exercise the section 204(4) power in accordance with the order would substantially prejudice the applicant’s ability to pursue the main appeal;

(b) may not specify any period ending after the final determination by the county court of the main appeal.]

Textual Amendments

F457 S. 204A inserted (30.9.2002) by 2002 c. 7, s. 11 (with s. 20(4)); S.I. 2002/1736, art. 2(1), Sch. Pt. 1; S.I. 2002/2324, art. 3 (subject to transitional provisions in art. 4)

Supplementary provisions E+W

205 Discharge of functions: introductory. E+W

(1) The following sections have effect in relation to the discharge by a local housing authority of their functions under this Part to secure that accommodation is available for the occupation of a person—

• section 206 (general provisions),

• F458 ...

• section 208 (out-of-area placements),

• section 209 (arrangements with private landlord).

(2) In [F459 sections 206 and 208] those functions are referred to as the authority’s “housing functions under this Part”.

Textual Amendments

F458 Words in s. 205(1) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F459 Words in s. 205(2) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 18 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C120 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

206 Discharge of functions by local housing authorities. E+W

(1) A local housing authority may discharge their housing functions under this Part only in the following ways—

(a) by securing that suitable accommodation provided by them is available,

(b) by securing that he obtains suitable accommodation from some other person, or

(c) by giving him such advice and assistance as will secure that suitable accommodation is available from some other person.

(2) A local housing authority may require a person in relation to whom they are discharging such functions—

(a) to pay such reasonable charges as they may determine in respect of accommodation which they secure for his occupation (either by making it available themselves or otherwise), or

(b) to pay such reasonable amount as they may determine in respect of sums payable by them for accommodation made available by another person.

Modifications etc. (not altering text)

C121 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

C122 S. 206 modified (temp.) (6.12.1999) by S.I. 1999/3126, arts.4, 7

F460 207 Discharge of functions: provision of accommodation by the authority. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F460 S. 207 repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

208 Discharge of functions: out-of-area placements. E+W

(1) So far as reasonably practicable a local housing authority shall in discharging their housing functions under this Part secure that accommodation is available for the occupation of the applicant in their district.

(2) If they secure that accommodation is available for the occupation of the applicant outside their district, they shall give notice to the local housing authority in whose district the accommodation is situated.

(3) The notice shall state—

(a) the name of the applicant,

(b) the number and description of other persons who normally reside with him as a member of his family or might reasonably be expected to reside with him,

(c) the address of the accommodation,

(d) the date on which the accommodation was made available to him, and

(e) which function under this Part the authority was discharging in securing that the accommodation is available for his occupation.

(4) The notice must be in writing, and must be given before the end of the period of 14 days beginning with the day on which the accommodation was made available to the applicant.

Modifications etc. (not altering text)

C123 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

C124 S. 208 modified (temp.) (6.12.1999) by S.I. 1999/3126, arts.5, 7

[F461 209 Discharge of interim duties: arrangements with private landlord E+W

(1) This section applies where in pursuance of any of their housing functions under section 188, 190, 200 or 204(4) (interim duties) a local housing authority make arrangements with a private landlord to provide accommodation.

(2) A tenancy granted to the applicant in pursuance of the arrangements cannot be an assured tenancy before the end of the period of twelve months beginning with—

(a) the date on which the applicant was notified of the authority’s decision under section 184(3) or 198(5); or

(b) if there is a review of that decision under section 202 or an appeal to the court under section 204, the date on which he is notified of the decision on review or the appeal is finally determined,

unless, before or during that period, the tenant is notified by the landlord (or in the case of joint landlords, at least one of them) that the tenancy is to be regarded as an assured shorthold tenancy or an assured tenancy other than an assured shorthold tenancy.]

Textual Amendments

F461 S. 209 substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 19 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

210 Suitability of accommodation. E+W

(1) In determining for the purposes of this Part whether accommodation is suitable for a person, the local housing authority shall have regard to [F462 Parts 9 and 10 ] of the Housing Act 1985 (slum clearance [F463 and overcrowding) and Parts 1 to 4 of the Housing Act 2004 ] .

(2) The Secretary of State may by order specify—

(a) circumstances in which accommodation is or is not to be regarded as suitable for a person, and

(b) matters to be taken into account or disregarded in determining whether accommodation is suitable for a person.

Textual Amendments

F462 Words in s. 210 substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 43(a); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)

F463 Words in s. 210 substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 43(b); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)

Modifications etc. (not altering text)

C125 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

C126 S. 210 modified (temp.) (6.12.1999) by S.I. 1999/3126, arts.6, 7

Commencement Information

I48 S. 210 wholly in force 20.1.1997: s. 210 not in force at Royal Assent, see s. 232(1)-(3); s. 210(2) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 210 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

211 Protection of property of homeless persons and persons threatened with homelessness. E+W

(1) This section applies where a local housing authority have reason to believe that—

(a) there is danger of loss of, or damage to, any personal property of an applicant by reason of his inability to protect it or deal with it, and

(b) no other suitable arrangements have been or are being made.

(2) If the authority have become subject to a duty towards the applicant under—

• section 188 (interim duty to accommodate),

• section 190, 193 or 195 (duties to persons found to be homeless or threatened with homelessness), or

• section 200 (duties to applicant whose case is considered for referral or referred),

then, whether or not they are still subject to such a duty, they shall take reasonable steps to prevent the loss of the property or prevent or mitigate damage to it.

(3) If they have not become subject to such a duty, they may take any steps they consider reasonable for that purpose.

(4) The authority may decline to take action under this section except upon such conditions as they consider appropriate in the particular case, which may include conditions as to—

(a) the making and recovery by the authority of reasonable charges for the action taken, or

(b) the disposal by the authority, in such circumstances as may be specified, of property in relation to which they have taken action.

(5) References in this section to personal property of the applicant include personal property of any person who might reasonably be expected to reside with him.

(6) Section 212 contains provisions supplementing this section.

Modifications etc. (not altering text)

C127 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

212 Protection of property: supplementary provisions. E+W

(1) The authority may for the purposes of section 211 (protection of property of homeless persons or persons threatened with homelessness)—

(a) enter, at all reasonable times, any premises which are the usual place of residence of the applicant or which were his last usual place of residence, and

(b) deal with any personal property of his in any way which is reasonably necessary, in particular by storing it or arranging for its storage.

(2) Where the applicant asks the authority to move his property to a particular location nominated by him, the authority—

(a) may, if it appears to them that his request is reasonable, discharge their responsibilities under section 211 by doing as he asks, and

(b) having done so, have no further duty or power to take action under that section in relation to that property.

If such a request is made, the authority shall before complying with it inform the applicant of the consequence of their doing so.

(3) If no such request is made (or, if made, is not acted upon) the authority cease to have any duty or power to take action under section 211 when, in their opinion, there is no longer any reason to believe that there is a danger of loss of or damage to a person’s personal property by reason of his inability to protect it or deal with it.

But property stored by virtue of their having taken such action may be kept in store and any conditions upon which it was taken into store continue to have effect, with any necessary modifications.

(4) Where the authority—

(a) cease to be subject to a duty to take action under section 211 in respect of an applicant’s property, or

(b) cease to have power to take such action, having previously taken such action,

they shall notify the applicant of that fact and of the reason for it.

(5) The notification shall be given to the applicant—

(a) by delivering it to him, or

(b) by leaving it, or sending it to him, at his last known address.

(6) References in this section to personal property of the applicant include personal property of any person who might reasonably be expected to reside with him.

Modifications etc. (not altering text)

C128 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

213 Co-operation between relevant housing authorities and bodies. E+W

(1) Where a local housing authority—

(a) request another relevant housing authority or body, in England, Wales or Scotland, to assist them in the discharge of their functions under this Part, or

(b) request a social services authority, in England, Wales or Scotland, to exercise any of their functions in relation to a case which the local housing authority are dealing with under this Part,

the authority or body to whom the request is made shall co-operate in rendering such assistance in the discharge of the functions to which the request relates as is reasonable in the circumstances.

(2) In subsection (1)(a) “relevant housing authority or body” means—

(a) in relation to England and Wales, a local housing authority, a new town corporation, [F464 a private registered provider of social housing] a registered social landlord or a housing action trust;

(b) in relation to Scotland, a local authority, a development corporation, a registered housing association or Scottish Homes.

Expressions used in paragraph (a) have the same meaning as in the M99 Housing Act 1985; and expressions used in paragraph (b) have the same meaning as in the M100 Housing (Scotland) Act 1987.

(3) Subsection (1) above applies to a request by a local authority in Scotland under section 38 of the Housing (Scotland) Act 1987 as it applies to a request by a local housing authority in England and Wales (the references to this Part being construed, in relation to such a request, as references to Part II of that Act).

Textual Amendments

F464 Words in s. 213(2)(a) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 103 (with art. 6, Sch. 3)

Modifications etc. (not altering text)

C129 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

Marginal Citations

M99 1985 c. 68.

M100 1987 c. 26.

[F465 213A Co-operation in certain cases involving children E+W

(1) This section applies where a local housing authority have reason to believe that an applicant with whom a person under the age of 18 normally resides, or might reasonably be expected to reside—

(a) may be ineligible for assistance;

(b) may be homeless and may have become so intentionally; or

(c) may be threatened with homelessness intentionally.

(2) A local housing authority shall make arrangements for ensuring that, where this section applies—

(a) the applicant is invited to consent to the referral of the essential facts of his case to the social services authority for the district of the housing authority (where that is a different authority); and

(b) if the applicant has given that consent, the social services authority are made aware of those facts and of the subsequent decision of the housing authority in respect of his case.

(3) Where the local housing authority and the social services authority for a district are the same authority (a “unitary authority”), that authority shall make arrangements for ensuring that, where this section applies—

(a) the applicant is invited to consent to the referral to the social services department of the essential facts of his case; and

(b) if the applicant has given that consent, the social services department is made aware of those facts and of the subsequent decision of the authority in respect of his case.

(4) Nothing in subsection (2) or (3) affects any power apart from this section to disclose information relating to the applicant’s case to the social services authority or to the social services department (as the case may be) without the consent of the applicant.

(5) Where a social services authority—

(a) are aware of a decision of a local housing authority that the applicant is ineligible for assistance, became homeless intentionally or became threatened with homelessness intentionally, and

(b) request the local housing authority to provide them with advice and assistance in the exercise of their social services functions under Part 3 of the Children Act 1989,

the local housing authority shall provide them with such advice and assistance as is reasonable in the circumstances.

(6) A unitary authority shall make arrangements for ensuring that, where they make a decision of a kind mentioned in subsection (5)(a), the housing department provide the social services department with such advice and assistance as the social services department may reasonably request.

(7) In this section, in relation to a unitary authority—

• “the housing department” means those persons responsible for the exercise of their housing functions; and

• “the social services department” means those persons responsible for the exercise of their social services functions under Part 3 of the Children Act 1989.]

Textual Amendments

F465 S. 213A inserted (30.9.2002 for W. and 1.10.2002 for E.) by 2002 c. 7, s. 12 (with s. 20(4)); S.I. 2002/1736, art. 2(1), Sch. 1 Pt. 1; S.I. 2002/1799, art. 3

General provisions E+W

214 False statements, withholding information and failure to disclose change of circumstances. E+W

(1) It is an offence for a person, with intent to induce a local housing authority to believe in connection with the exercise of their functions under this Part that he or another person is entitled to accommodation or assistance in accordance with the provisions of this Part, or is entitled to accommodation or assistance of a particular description—

(a) knowingly or recklessly to make a statement which is false in a material particular, or

(b) knowingly to withhold information which the authority have reasonably required him to give in connection with the exercise of those functions.

(2) If before an applicant receives notification of the local housing authority’s decision on his application there is any change of facts material to his case, he shall notify the authority as soon as possible.

The authority shall explain to every applicant, in ordinary language, the duty imposed on him by this subsection and the effect of subsection (3).

(3) A person who fails to comply with subsection (2) commits an offence unless he shows that he was not given the explanation required by that subsection or that he had some other reasonable excuse for non-compliance.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Modifications etc. (not altering text)

C130 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

215 Regulations and orders. E+W

(1) In this Part “prescribed” means prescribed by regulations of the Secretary of State.

(2) Regulations or an order under this Part may make different provision for different purposes, including different provision for different areas.

(3) Regulations or an order under this Part shall be made by statutory instrument.

(4) Unless required to be approved in draft, regulations or an order under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C131 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

216 Transitional and consequential matters. E+W

(1) The provisions of this Part have effect in place of the provisions of Part III of the M101 Housing Act 1985 (housing the homeless) and shall be construed as one with that Act.

(2) Subject to any transitional provision contained in an order under section 232(4) (power to include transitional provision in commencement order), the provisions of this Part do not apply in relation to an applicant whose application for accommodation or assistance in obtaining accommodation was made before the commencement of this Part.

(3) The enactments mentioned in Schedule 17 have effect with the amendments specified there which are consequential on the provisions of this Part.

Modifications etc. (not altering text)

C132 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2

Marginal Citations

M101 1985 c. 68.

217 Minor definitions: Part VII. E+W

(1) In this Part, subject to subsection (2)—

• [F466 “private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985 (c. 68) (the landlord condition for secure tenancies);]

• “relevant authority” means a local housing authority or a social services authority; and

• “social services authority” means a local authority for the purposes of the M102 Local Authority Social Services Act 1970, as defined in section 1 of that Act.

(2) In this Part, in relation to Scotland—

(a) “local housing authority” means a local authority within the meaning of the M103 Housing (Scotland) Act 1988, and

(b) “social services authority” means a local authority for the purposes of the M104 Social Work (Scotland) Act 1968.

(3) References in this Part to the district of a local housing authority—

(a) have the same meaning in relation to an authority in England or Wales as in the Housing Act 1985, and

(b) in relation to an authority in Scotland, mean the area of the local authority concerned.

Textual Amendments

F466 S. 217(1): definition inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 20 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C133 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Marginal Citations

M102 1970 c. 42.

M103 1988 c. 43.

M104 1968 c. 49.

218 Index of defined expressions: Part VII. E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section)—

accommodation available for occupation	section 176
applicant	section 183(2)
assistance under this Part	section 183(2)
associated (in relation to a person)	section 178
assured tenancy and assured shorthold tenancy	section 230
district (of local housing authority)	section 217(3)
eligible for assistance	section 183(2)
homeless	section 175(1)
housing functions under this Part (in sections [F467 206 and 208])	section 205(2)
intentionally homeless	section 191
intentionally threatened with homelessness	section 196
local connection	section 199
local housing authority— -in England and Wales -in Scotland	section 230 section 217(2)(a)
F468 ...	F468 ...
prescribed	section 215(1)
priority need	section 189
[F469 private landlord	section 217(1)]
reasonable to continue to occupy accommodation	section 177
registered social landlord	section 230
[F470 restricted person	section 184(7)]
relevant authority	section 217(1)
social services authority	section 217(1) and (2)(b)
threatened with homelessness	section 175(4)

Textual Amendments

F467 S. 218: words in entry substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 21(a) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F468 S. 218: entry repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F469 S. 218: entry inserted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 21(b) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F470 Words in s. 218 inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 8; S.I. 2009/415, art. 2

Modifications etc. (not altering text)

C134 Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Part VIII U.K. Miscellaneous and general provisions

Extent Information

E1 For extent of Part VIII, see s. 231(2)-(4)

Miscellaneous E+W+S

[F471 218A Anti-social behaviour: landlords' policies and procedures E+W

(1) This section applies to the following landlords—

(a) a local housing authority;

(b) a housing action trust;

[F472 (ba) a non-profit registered provider of social housing;]

(c) a registered social landlord.

(2) The landlord must prepare—

(a) a policy in relation to anti-social behaviour;

(b) procedures for dealing with occurrences of anti-social behaviour.

(3) The landlord must not later than 6 months after the commencement of section 12 of the Anti-social Behaviour Act 2003 publish a statement of the policy and procedures prepared under subsection (2).

(4) The landlord must from time to time keep the policy and procedures under review and, when it thinks appropriate, publish a revised statement.

(5) A copy of a statement published under subsection (3) or (4)—

(a) must be available for inspection at all reasonable hours at the landlord’s principal office;

(b) must be provided on payment of a reasonable fee to any person who requests it.

(6) The landlord must also—

(a) prepare a summary of its current policy and procedures;

(b) provide without charge a copy of the summary to any person who requests it.

(7) In preparing and reviewing the policy and procedures the landlord must have regard to guidance issued—

(a) by the Secretary of State in the case of a local housing authority or a housing action trust;

[F473 (aa) by the Regulator of Social Housing in the case of a non-profit registered provider of social housing;]

(b) by the [F474 Welsh Ministers] under section 36 in the case of a registered social landlord.

[F475 (8) Anti-social behaviour is—

(a) any housing-related anti-social conduct, or

(b) any conduct to which section 153B applies.

(8A) Housing-related anti-social conduct has the same meaning as in section 153A.]

F476 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F471 S. 218A inserted (30.6.2004 for E.) by Anti-social Behaviour Act 2003 (c. 38), ss. 12(1), 93; S.I. 2004/1502, art. 2(a)(i)

F472 S. 218A(1)(ba) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 104(2) (with art. 6, Sch. 3)

F473 S. 218A(7)(aa) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 104(3)(a) (with art. 6, Sch. 3)

F474 Words in s. 218A(7)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 104(3)(b) (with art. 6, Sch. 3)

F475 S. 218A(8)(8A) substituted for s. 218A(8) (6.4.2007 for E.) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 33; S.I. 2007/709, art. 4(d) (with art. 8)

F476 S. 218A(9) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 104(4), Sch. 4 (with art. 6, Sch. 3)

219 Directions as to certain charges by social landlords. E+W+S

(1) The Secretary of State may give directions to social landlords about the making of service charges in respect of works of repair, maintenance or improvement—

(a) requiring or permitting the waiver or reduction of charges where relevant assistance is given by the Secretary of State, and

(b) permitting the waiver or reduction of charges in such other circumstances as may be specified in the directions.

(2) A direction shall not require the waiver or reduction of charges by reference to assistance for which application was made before the date on which the direction was given, but subject to that directions may relate to past charges or works to such extent as appears to the Secretary of State to be appropriate.

(3) Directions which require or permit the waiver or reduction of charges have corresponding effect—

(a) in relation to charges already demanded so as to require or permit the non-enforcement of the charges, and

(b) in relation to charges already paid so as to require or permit a refund.

(4) For the purposes of this section “social landlord” means—

(a) an authority or body within section 80(1) of the M105 Housing Act 1985 (the landlord condition for secure tenancies), other than [F477 the Homes and Communities Agency, the Welsh Ministers and] a housing co-operative, F478 ...

[F479 (aa) a private registered provider of social housing, or]

(b) a registered social landlord.

[F480 (4A) A direction may be given to a social landlord which is a profit-making private registered provider of social housing only in relation to charges relating to its social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008).]

(5) In this section “assistance” means grant or other financial assistance of any kind; and directions may specify what assistance is relevant for the purposes of this section, and to what buildings or other land any assistance is to be regarded as relevant.

(6) The provisions of section 220 supplement this section.

Textual Amendments

F477 Words in s. 219(4)(a) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 1(2), Sch. 1 para. 46 (with Sch. 2) (see S.I. 2008/3068, art. 2(1)(b))

F478 Word in s. 219(4) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 105(2)(a), Sch. 4 (with art. 6, Sch. 3)

F479 S. 219(4)(aa) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 105(2)(b) (with art. 6, Sch. 3)

F480 S. 219(4A) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 105(3) (with art. 6, Sch. 3)

Marginal Citations

M105 1985 c. 68.

220 Directions as to certain charges: supplementary provisions. E+W+S

(1) Directions under section 219 may make different provision for different cases or descriptions of case.

This includes power to make—

(a) different provision for different social landlords or descriptions of social landlords, and

(b) different provision for different areas.

(2) Directions under section 219 requiring the reduction of a service charge may specify the amount (or proportion) of the reduction or provide for its determination in such manner as may be specified.

(3) Directions under section 219 permitting the waiver or reduction of a service charge may specify criteria to which the social landlord is to have regard in deciding whether to do so or to what extent.

(4) The Secretary of State shall publish any direction under section 219 relating to all social landlords or any description of social landlords in such manner as he considers appropriate for bringing it to the notice of the landlords concerned.

(5) For the purposes of section 219 “service charge” means an amount payable by a lessee of a dwelling—

(a) which is payable, directly or indirectly, for repairs, maintenance or improvements, and

(b) the whole or part of which varies or may vary according to the relevant costs.

(6) The relevant costs are the costs or estimated costs incurred or to be incurred by or on behalf of the social landlord, or a superior landlord, in connection with the matters for which the service charge is payable.

For this purpose costs are relevant costs in relation to a service charge whether they are incurred, or to be incurred, in the period for which the service charge is payable or in an earlier or later period.

(7) In this section—

• “costs” includes overheads, and

• “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling.

221 Exercise of compulsory purchase powers in relation to Crown land. E+W+S

(1) This section applies to any power to acquire land compulsorily under—

(a) the Housing Act 1985,

(b) the M106 Housing Associations Act 1985,

(c) Part III of the M107 Housing Act 1988 (housing action trust areas), or

(d) Part VII of the M108 Local Government and Housing Act 1989 (renewal areas).

(2) Any power to which this section applies may be exercised in relation to an interest in Crown land which is for the time being held otherwise than by or on behalf of the Crown, but only with the consent of the appropriate authority.

(3) In this section “Crown land” means land in which there is a Crown interest or a Duchy interest.

For this purpose—

• “Crown interest” means an interest belonging to Her Majesty in right of the Crown or belonging to a government department or held in trust for Her Majesty for the purposes of a government department; and

• “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.

(4) For the purposes of this section “the appropriate authority”, in relation to Crown land, is—

(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;

(b) in relation to any other land belonging to Her Majesty in right of the Crown, the government department having the management of that land;

(c) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(d) in relation to land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;

(e) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department.

(5) If any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

Extent Information

E2 For extent of s. 221, see s. 231(2)(4)(a)

Marginal Citations

M106 1985 c. 69.

M107 1988 c. 50.

M108 1989 c. 42.

222 Miscellaneous minor amendments. E+W+S

The enactments mentioned in Schedule 18 have effect with the amendments specified there, which are miscellaneous minor amendments relating to housing.

• Part I relates to housing management.

• Part II relates to housing finance.

• Part III relates to orders in relation to property in family and matrimonial proceedings, &c.

• Part IV relates to other housing provisions.

Commencement Information

I49 S. 222 wholly in force 1.10.1996: s. 222 in force for certain purposes at 24.9.1996, see s. 232(2) and S.I. 1996/2402, art. 2; s. 222 in force at 1.10.1996 in so far as not already in force by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.)

General U.K.

223 Offences by body corporate. E+W+S

(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in such a capacity, he as well as the body corporate is guilty of an offence and liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

224 The Common Council of the City of London. E+W

(1) The Common Council of the City of London may appoint a committee, consisting of so many persons as they think fit, for any purposes of this Act which in their opinion may be better regulated and managed by means of a committee.

(2) A committee so appointed—

(a) shall consist as to a majority of its members of members of the Common Council, and

(b) shall not be authorised to borrow money or to make a rate,

and shall be subject to any regulations and restrictions which may be imposed by the Common Council.

(3) A person is not, by reason only of the fact that he occupies a house at a rental from the Common Council, disqualified from being elected or being a member of that Council or any committee of that Council; but no person shall vote as a member of that Council, or any such committee, on a resolution or question which is proposed or arises in pursuance of this Act and relates to land in which he is beneficially interested.

(4) A person who votes in contravention of subsection (3) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale; but the fact of his giving the vote does not invalidate any resolution or proceeding of the authority.

225 The Isles of Scilly. E+W

(1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

(2) An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

226 Corresponding provision for Northern Ireland. E+W+N.I.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M109 Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 120 (payment of housing benefit to third parties)—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M109 1974 c. 28.

227 Repeals. U.K.

The enactments specified in Schedule 19 are repealed to the extent specified.

Modifications etc. (not altering text)

C135 S. 227 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2), Sch. para 4.

Commencement Information

I50 S. 227 partly in force (for certain purposes) at:

25.9.1996, see s. 232(2)

1.10.1996 by S.I. 1996/2212, art. 2(2)

24.9.1996 and 1.10.1996 by S.I. 1996/2402, arts. 2, 3 (with transitional provisions and savings in the Sch. to that S.I.)

20.1.1997 and 1.4.1997 by S.I. 1996/2959, arts. 2, 3

28.2.1997 by s.I 1997/225, art. 2

3.3.1997 by S.I. 1997/596, art. 2

1.4.1997 by S.I. 1997/618, art. 2 (subject to the limitation in (2) of that art.)

1.9.1997 by S.I. 1997/1851, art. 2 (subject to the saving in Sch. para. 1 of that S.I.)

228 Financial provisions. E+W+S

(1) There shall be paid out of money provided by Parliament—

(a) any expenses of the Secretary of State incurred in consequence of this Act, and

(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

(2) There shall be paid out of the National Loans Fund any increase attributable to this Act in the sums so payable under any other enactment.

(3) Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

229 Meaning of “lease” and “tenancy” and related expressions. E+W+S

(1) In this Act “lease” and “tenancy” have the same meaning.

(2) Both expressions include—

(a) a sub-lease or a sub-tenancy, and

(b) an agreement for a lease or tenancy (or sub-lease or sub-tenancy).

(3) The expressions “lessor” and “lessee” and “landlord” and “tenant”, and references to letting, to the grant of a lease or to covenants or terms, shall be construed accordingly.

230 Minor definitions: general. E+W+S

In this Act—

• “assured tenancy”, “assured shorthold tenancy” and “assured agricultural occupancy” have the same meaning as in Part I of the M110 Housing Act 1988;

• “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M111 Interpretation Act 1978);

• “housing action trust” has the same meaning as in the Housing Act 1988;

• “housing association” has the same meaning as in the M112 Housing Associations Act 1985;

• “introductory tenancy” and “introductory tenant” have the same meaning as in Chapter I of Part V of this Act;

• “local housing authority” has the same meaning as in the M113 Housing Act 1985;

• “registered social landlord” has the same meaning as in Part I of this Act;

• “secure tenancy” and “secure tenant” have the same meaning as in Part IV of the Housing Act 1985.

Marginal Citations

M110 1988 c. 50.

M111 1978 c. 30.

M112 1985 c. 69.

M113 1985 c. 68.

Final provisions E+W+S

231 Extent. E+W+S

(1) The provisions of this Act extend to England and Wales, and only to England and Wales, subject as follows.

(2) The following provisions also extend to Scotland—

• Part IV (housing benefit and related matters), and

• the provisions of this Part so far as relating to Part IV.

(3) Section 226 (power to make corresponding provision for Northern Ireland) also extends to Northern Ireland.

(4) Any amendment or repeal by this Act of an enactment has the same extent as the enactment amended or repealed, except that—

(a) amendments or repeals of provisions of the Housing Associations Act 1985, other than in consequence of paragraph 1 of Schedule 18 to this Act (repeal of Part IV of the Housing Act 1988), do not extend to Scotland,

(b) amendments or repeals of provisions of the Housing Act 1988 relating to registered housing associations do not extend to Scotland,

(c) amendments or repeals of provisions of the M114 Asylum and Immigration Appeals Act 1993 or the M115 Asylum and Immigration Act 1996 do not extend to Scotland or Northern Ireland, and

(d) repeals of the following provisions do not extend to Scotland—

(i) section 24(5)(a) and (c) of the M116 Local Government Act 1988,

(ii) section 182 of the M117 Local Government and Housing Act 1989,

(iii) paragraph 21(3) of Schedule 6 to the M118 Charities Act 1993, and

(iv) provisions in Schedule 26 to the M119 Local Government, Planning and Land Act 1980.

(5) Any power conferred by this Act to make consequential amendments or repeals of enactments may be exercised in relation to enactments as they extend to any part of the United Kingdom.

Marginal Citations

M114 1993 c. 23.

M115 1996 c. 49.

M116 1988 c. 9.

M117 1989 c. 42.

M118 1993 c. 10.

M119 1980 c. 65.

232 Commencement. E+W

(1) The following provisions of this Act come into force on Royal Assent—

• section 110 (new leases: valuation principles),

• section 120 (payment of housing benefit to third parties), and

• sections 223 to 226 and 228 to 233 (general provisions).

(2) The following provisions of this Act come into force at the end of the period of two months beginning with the date on which this Act is passed—

• sections 81 and 82 (restriction on termination of tenancy for failure to pay service charge),

• section 85 (appointment of manager by the court),

• section 94 (provision of general legal advice about residential tenancies),

• section 95 (jurisdiction of county courts),

• section 221 (exercise of compulsory purchase powers in relation to Crown land),

• paragraph 24 (powers of local housing authorities to acquire land for housing purposes), paragraph 26 (preserved right to buy) and paragraphs 27 to 29 of Schedule 18 (local authority assistance in connection with mortgages), and

• sections 222 and 227, and Schedule 19 (consequential repeals), in so far as they relate to those paragraphs.

(3) The other provisions of this Act come into force on a day appointed by order of the Secretary of State, and different days may be appointed for different areas and different purposes.

(4) An order under subsection (3) shall be made by statutory instrument and may contain such transitional provisions and savings as appear to the Secretary of State to be appropriate.

Subordinate Legislation Made

P1 S. 232(3)(4) power of appointment exercised for specified provisions as follows:

1.8.1996 appointed (30.7.1996) by S.I. 1996/2048, arts. 2-4

23.8.1996 and 1.10.1996 appointed (22.8.1996) by S.I. 1996/2212, arts. 1, 2

24.9.1996 and 1.10.1996 appointed (16.9.1996) by S.I. 1996/2402, arts. 2-5

23.10.1996 appointed (15.10.1996) by S.I. 1996/2658, art. 2

20.1.1997 and 1.4.1997 appointed (25.11.1996) by S.I. 1996/2959, arts. 2, 3

4.2.1997 appointed (14.1.1997) by S.I. 1997/66, arts. 1, 2

28.2.1997 appointed (28.1.1997) by S.I. 1997/225, arts. 1, 2

3.3.1997 appointed (13.2.1997) by S.I. 1997/350, art. 2 and (26.2.1997) by S.I. 1997/596, art. 2

1.4.1997 and 1.4.1998 appointed (5.3.1997) by S.I. 1997/618, arts. 2, 3

1.9.1997 appointed (25.7.1997) by S.I. 1997/1851, arts. 1, 2

11.8.1998 appointed (21.7.1998) by S.I. 1998/1768, art. 2.

15.10.2001 appointed (12.9.2001) by S.I. 2001/3164, art. 2

233 Short title. E+W

This Act may be cited as the Housing Act 1996.