Housing Act 1985

105 Consultation on matters of housing management. E+W

(1) A landlord authority shall maintain such arrangements as it considers appropriate to enable those of its secure tenants [F1 or secure contract-holders] who are likely to be substantially affected by a matter of housing management to which this section applies—

(a) to be informed of the authority’s proposals in respect of the matter, and

(b) to make their views known to the authority within a specified period;

and the authority shall, before making any decision on the matter, consider any representations made to it in accordance with those arrangements.

(2) For the purposes of this section, a matter is one of housing management if, in the opinion of the landlord authority, it relates to—

(a) the management, maintenance, improvement or demolition of dwelling-houses let by the authority under secure tenancies [F2 or secure contracts], 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 a secure tenancy [F3 or secure contract] or to charges for services or facilities provided by the authority.

(3) This section applies to matters of housing management which, in the opinion of the landlord authority, represent—

(a) a new programme of maintenance, improvement or demolition, or

(b) a change in the practice or policy of the authority,

and are likely substantially to affect either its secure 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).

(4) In the case of a landlord authority which is a local housing authority, the reference in subsection (2) 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.

(5) A landlord authority 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 the authority’s 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.

(6) A landlord authority which is [F4 a private registered provider of social housing or] a [F5 registered social landlord] shall, instead of complying with paragraph (a) of subsection (5), send a copy of any document published under that subsection—

(a) to the [F6 Relevant Authority], and

(b) to the council of any district [F7 , Welsh county or county borough] or London borough in which there are dwelling-houses let by the [F8 landlord authority] under secure tenancies [F9 or secure contracts];

and a council to whom a copy is sent under this subsection shall make it available at its principal office for inspection at all reasonable hours, without charge, by members of the public.

[F10 (7) For the purposes of this section—

(a) secure tenants include demoted tenants within the meaning of section 143A of the Housing Act 1996;

(b) secure tenancies include demoted tenancies within the meaning of that section.]

[F11 (c) secure contract-holders include prohibited conduct standard contract-holders;

(d) secure contracts include prohibited conduct standard contracts.]

Textual Amendments

F1 Words in s. 105(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(14)(a) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)

F2 Words in s. 105(2)(a) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(14)(b)(i) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)

F3 Words in s. 105(2) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(14)(b)(ii) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)

F4 Words in s. 105(6) 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. 22 (with art. 6, Sch. 3)

F5 Words in s. 105(6) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(10)(a)

F6 Words in s. 105(6)(a) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 5 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F7 Words in s. 105(6)(b) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(7) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F8 Word in s. 105(6)(b) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(10)(b)

F9 Words in s. 105(6)(b) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(14)(c) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)

F10 S. 105(7) inserted (30.6.2004 for E and 30.9.2004 for specified purposes for W. and 30.4.2005 otherwise for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14, 93(2), Sch. 1 para. 2(2); S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

F11 S. 105(7)(c)(d) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(14)(d) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)

Modifications etc. (not altering text)

C1 S. 105 excluded by Housing Act 1988 (c. 50, SIF 61), s. 84(8)