Housing Act 1980

Part IX U.K. General

134—137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 Ss. 90–137 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1

138 Displacement of residential occupiers by housing authority. E+W

In section 42(1) of the M1 Land Compensation Act 1973 (which requires an authority acquiring or redeveloping land to indemnify another authority against the cost of rehousing a person displaced by the acquisition or redevelopment but only if the displacing authority is not an authority having functions under Part V of the 1957 Act) after the words “ Housing Act 1957” (in paragraph (b)) there are inserted the words “ or (if they are such an authority) the land is acquired or redeveloped by them otherwise than in the discharge of those functions”.

Modifications etc. (not altering text)

C1 The text of ss. 55(1), 59(2)(3), 61(1)–(7), 62, 63, 65(1)–(5), 66(1)–(4), 67–69, 70(1), 71, 73(1)–(4), 74(1)(2), 75, 76, 78, 79, 138, 141, 143(3), 148, 152(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M1 1973 c. 26.

139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

Textual Amendments

F2 S. 139 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. 1

140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W

Textual Amendments

F3 S. 140 repealed with saving by Housing and Planning Act 1986 (c. 63, SIF 61), ss. 18, 24(3), Sch. 4 paras. 7, 11(2), Sch. 12 Pt. I

141 Amendments of Leasehold Reform Act 1967 etc. E+W

Sections 1, F4 . . . 9, 16, 23, and 29 of, and Schedules 1 and 3 to, the Leasehold Reform Act 1967 and Schedule 8 to the 1974 Act are amended as shown in Schedule 21 to this Act.

Textual Amendments

F4 Word in s. 141 repealed (1.11.1993) by 1993, c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, art. 5(a)

Modifications etc. (not altering text)

C2 The text of ss. 55(1), 59(2)(3), 61(1)–(7), 62, 63, 65(1)–(5), 66(1)–(4), 67–69, 70(1), 71, 73(1)–(4), 74(1)(2), 75, 76, 78, 79, 138, 141, 143(3), 148, 152(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

142 Leasehold valuation tribunals. E+W

F5 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F7 ... The 1967 Act is amended in accordance with [F8 Schedule 22 to this Act].

Textual Amendments

F5 S. 142(1) omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 38 (with Sch. 3)

F6 S. 142(2) 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)

F7 Words in s. 142(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)

F8 Words in s. 142(3) substituted (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 13 para. 7(3); S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

143 Apportionment of rents. E+W

(1) Section 20(1) of the M2 Landlord and Tenant Act 1927 (apportionment of certain rents and other payments) has effect as respects applications for apportionment made under that section after the passing of this Act with the substitution in the proviso of “£5” for “two pounds”.

(2) The Secretary of State may by order vary the amount there mentioned.

(3) After section 20(1) of the said Act there is inserted the following subsection—

“(1A) An order of apportionment under sections 10 to 14 of the said Act of 1854 may provide for the amount apportioned to any part of the land in respect of which the rent or payment is payable to be nil.”

Modifications etc. (not altering text)

C3 The text of ss. 55(1), 59(2)(3), 61(1)–(7), 62, 63, 65(1)–(5), 66(1)–(4), 67–69, 70(1), 71, 73(1)–(4), 74(1)(2), 75, 76, 78, 79, 138, 141, 143(3), 148, 152(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M2 1927 c. 36(75:1).

144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W+S

Textual Amendments

F9 S. 144 repealed by (E.W.) Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I and (S.) Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 339(3), Sch. 24

145—147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 E+W

Textual Amendments

F10 Ss. 145–147 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

148 Rent assessment panels : pensions for presidents and vice-presidents. E+W

In Schedule 10 to the 1977 Act (rent assessment committees) the following paragraph is inserted after paragraph 7—

“7A The Secretary of State may, with the consent of the Minister for the Civil Service, provide for the payment of pensions, allowances or gratuities to or in respect of any person nominated to act as president or vice-president of a panel.”

Modifications etc. (not altering text)

C4 The text of ss. 55(1), 59(2)(3), 61(1)–(7), 62, 63, 65(1)–(5), 66(1)–(4), 67–69, 70(1), 71, 73(1)–(4), 74(1)(2), 75, 76, 78, 79, 138, 141, 143(3), 148, 152(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W

Textual Amendments

F11 S. 149 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

Supplemental U.K.

150 Interpretation. E+W

In this Act—

• “protected tenant” and “statutory tenant” have the same meanings as in the 1977 Act;

• “secure tenant” means the tenant under a secure tenancy and “secure tenancy” has the meaning given by section 28;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

• “the M3 1977 Act” means the Rent Act 1977.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F12 Definitions repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

F13 Definition (inserted by Housing and Building Control Act 1984 (c. 29, SIF 61), s. 64, Sch. 11 para. 29) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

Marginal Citations

M3 1977 c. 42.

151 Regulations and orders. E+W+S

(1) Any power of the Secretary of State to make an order or regulations under this Act shall be exercisable by statutory instrument subject, except in the case of regulations under section [F14 22(1), 33(2),] 52(3), 56(7) [F14 or paragraph 11 of Schedule 3] or an order under section F15 52(4), 60 or 153 to annulment in pursuance of a resolution of either House of Parliament.

(2) No order under section 52(4) or 60 shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.

(3) Any order or regulation under this Act may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F14 Words repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

F15 Words (inserted by Housing and Building Control Act 1984 (c. 29, SIF 61), s. 64, Sch. 11 para. 30) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

F16 S. 151(4) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

152 Amendments, savings, transitional provisions and repeals. E+W+S

[F17 (1) The enactments mentioned in Part I of Schedule 25 to this Act shall have effect subject to the amendments specified in that Schedule.]

(2) The savings and transitional provisions in Part II of that Schedule shall have effect.

(3) The enactments specified in the first column of Schedule 26 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

Textual Amendments

F17 S. 152(1) repealed (N.I.) by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. III

Modifications etc. (not altering text)

C5 The text of ss. 55(1), 59(2)(3), 61(1)–(7), 62, 63, 65(1)–(5), 66(1)–(4), 67–69, 70(1), 71, 73(1)–(4), 74(1)(2), 75, 76, 78, 79, 138, 141, 143(3), 148, 152(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

153 Commencement. U.K.

(1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

[F19 (3) Sections F20 140, 150, 151, 152(2) and 153 to 155 shall come into operation on the passing of this Act.

(4) The remaining provisions of this Act shall come into operation on such day as the Secretary of State may by order appoint; and—

(a) different days may be appointed for different provisions; and

(b) any provision may be brought into force on different days for England, Wales and Scotland.]

Textual Amendments

F18 S. 153(1)(2) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pts. I, III

F19 S. 153(3)(4) repealed (N.I.) by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. III

F20 Words repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

Modifications etc. (not altering text)

C6 S. 153(4) extended by New Towns Act 1981 (c. 64, SIF 123:3), ss. 50(8), 81, Sch. 11 para. 6

C7 Power of appointment conferred by s. 153(4) partly exercised: S.I. 1980/1406, 1466, 1557, 1693, 1706, 1781; 1981/119, 296

154 Expenses and receipts. E+W

(1) There shall be paid out of moneys provided by Parliament the administrative expenses of the Secretary of State under this Act and any increase attributable to this Act in the sums so payable under any other enactment.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Textual Amendments

F21 S. 154(2) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

[F22 155 Short title and extent. U.K.

(1) This Act may be cited as the Housing Act 1980.

(2) Sections 114 to 116, 120 to 122(1), 123 to 133, 144, 151 to 153 of this Act, this section, Schedule 14, Part II of Schedule 16, paragraphs 1 to 3 of Schedule 17, Schedule 18, paragraphs 11 to 13, 24, 25 and 70 of Schedule 25 and the associated repeals in Schedule 26 extend to Scotland; but this Act does not otherwise so extend.

(3) sections [F23 111(8)] 152(1), 153, this section and paragraphs 11, 12, 18 and 19 of Part I of Schedule 25 extend to Northern Ireland; but this Act does not otherwise so extend.]

Textual Amendments

F22 S. 155 repealed (N.I.) by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. III

F23 Words inserted by S.I. 1983/1122, arts 1, 3