Housing Act 1996

Housing complaintsE+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—

[F1(a)a [F2private registered provider] of social housing,]

(b)a transferee of housing pursuant to [F3—

(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 M1Leasehold Reform, Housing and Urban Development Act 1993;

(c)a body which has acquired dwellings under Part IV of the M2Housing Act 1988 (change of landlord: secure tenants); or

(d)any other body which was at any time registered with [F4the Regulator of Social Housing or] the [F5Housing 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—

[F6section 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 M3Housing Associations Act 1985, or section 29 or 29A of the M4Housing 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.

[F7(7)This section shall not apply in relation to social landlords in Wales (within the meaning given by [F8 section 41 of the Public Services Ombudsman (Wales) Act 2005 ] ).]

[F9(7)Section 52 shall apply to an order under subsection (4) (with any necessary modifications).]

Textual Amendments

F1S. 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.)

F2Word 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)

F3Words 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)

F4Words 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.)

F5Words 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.

F6Words 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)

F7S. 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)

F8Words 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)

F9S. 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)

C1S. 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

I1S. 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