Housing Act 1985

Supplementary provisions E+W

176 Notices. E+W

(1) The Secretary of State may by regulations prescribe the form of any notice under this Part and the particulars to be contained in the notice.

(2) Where the form of, and the particulars to be contained in, a notice under this Part are so prescribed, a tenant who proposes to claim, or has claimed, to exercise the right to buy may request the landlord to supply him with a form for use in giving such notice; and the landlord shall do so within seven days of the request.

(3) A notice under this Part may be served by sending it by post.

(4) Where the landlord is a housing association, a notice to be served by the tenant on the landlord under this Part may be served by leaving it at, or sending it to, the principal office of the association or the office of the association with which the tenant usually deals.

(5) Regulations under this section—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument.

Modifications etc. (not altering text)

C1 Ss. 176, 177, 180, 181 applied by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 5(6)

177 Errors and omissions in notices. E+W

(1) A notice served by a tenant under this Part is not invalidated by an error in, or omission from, the particulars which are required by regulations under section 176 to be contained in the notice.

(2) Where as a result of such an error or omission—

(a) the landlord has mistakenly admitted or denied the right to buy or the [F1 right to acquire on rent to mortgage terms] in a notice under section 124 or 146, or

(b) the landlord F2 . . .has formed a mistaken opinion as to any matter required to be stated in a notice by any of the provisions mentioned in sub-section (3) and has stated that opinion in the notice,

the parties shall, as soon as practicable after they become aware of the mistake, take all such steps (whether by way of amending, withdrawing or re-serving any notice or extending any period or otherwise) as may be requisite for the propose of securing that all parties are, as nearly as may be, in the same position as they would have been if the mistake had not been made.

(3) The provisions referred to in subsection (2)(b) are—

• section 125 (notice of purchase price, etc.),

• F3 . . .

• [F4 section 146 (landlord’s notice admitting or denying right to acquire on rent to mortgage terms).]

• F3 . . .

(4) Subsection (2) does not apply where the tenant has exercised the right to which the notice relates before the parties become aware of the mistake.

Textual Amendments

F1 Words in s. 177(2) substituted (11.10.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 20(1); S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F2 Words in s. 177(2)(b) repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts, 2, 4(b), Sch. 2 (with saving in Sch. 1 para. 4(1)).

F3 Entries in s. 177(3) repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4(b), Sch. 2 (with saving in Sch. 1 para. 4(1)).

F4 Entry in s. 177(3) substituted for entries (11.10.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 20(2); S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

Modifications etc. (not altering text)

C2 Ss. 176, 177, 180, 181 applied by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 5(6)

C3 S. 177 excluded by Housing Act 1988 (c. 50, SIF 61), ss. 122(4), 123(4)

[F5 178 Costs. E+W

An agreement between the landlord and a tenant claiming to exercise—

(a) the right to buy,

(b) the right to acquire on rent to mortgage terms, or

(c) any such right as is mentioned in paragraph 2(1) or 6(1) of Schedule 6A (redemption of landlord’s share: right to make final or interim payment),

is void in so far as it purports to oblige the tenant to bear any part of the costs incurred by the landlord in connection with the tenant’s exercise of that right.]

Textual Amendments

F5 S. 178 substituted (11.10.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 21; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

179 Provisions restricting right to buy, etc. of no effect. E+W

(1) A provision of a lease held by the landlord or a superior landlord, or of an agreement (whenever made), is void in so far as it purports to prohibit or restrict—

(a) the grant of a lease in pursuance of the right to buy or the [F6 right to acquire on rent to mortgage terms], or

(b) the subsequent disposal (whether by way of assignment, sub-lease or otherwise) of a lease so granted

or to authorise a forfeiture, or impose on the landlord or superior landlord a penalty or disability, in the event of such a grant or disposal.

(2) Where a dwelling-house let on a secure tenancy is land held—

(a) for the purposes of section 164 of the M1 Public Health Act 1875 (pleasure grounds),or

(b) in accordance with section 10 of the M2 Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

then, for the purposes of this Part, the dwelling-house shall be deemed to be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with section 164 or, as the case may be, section 10.

Textual Amendments

F6 Words in s. 179(1) substituted (11.10.1993) by 1993 c. 28, s. 187(1) Sch. 21 para. 22; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

Marginal Citations

M1 1875 c. 55.

M2 1906 c. 25.

180 Statutory declarations. E+W

A landlord, F7 . . .or the Secretary of State may, if the landlord, F7 . . . or Secretary of State thinks fit, accept a statutory declaration made for the purposes of this Part as sufficient evidence of the matters declared in it.

Textual Amendments

F7 Words in s. 180 repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts 2, 4(b), Sch. 2 (with saving in Sch. 1 para. 4(1)).

Modifications etc. (not altering text)

C4 Ss. 176, 177, 180, 181 applied by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 5(6)

181 Jurisdiction of county court. E+W

(1) A county court has jurisdiction—

(a) to entertain any proceedings brought under this Part, and

(b) to determine any question arising under this Part or under [F8 a conveyance or grant executed in pursuance of the right to acquire on rent to mortgage terms];

but subject to sections 128 and 158 F9 . . .(which provide for matters of valuation to be determined by the district valuer).

(2) The jurisdiction conferred by this section includes jurisdiction to entertain proceedings on any such question as is mentioned in subsection (1)(b) 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.

(4) The Lord Chancellor may make such rules and give such directions as he thinks fit for the purpose of giving effect to this section; and such rules or directions may provide—

(a) for the exercise by a registrar of a county court of any jurisdition exercisable under this section, and

(b) for the conduct of proceedings in private.

(5) The power to make rules under this section is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F8 Words in s. 181(1) substituted (11.10.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 23; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F9 Words in s. 181(1) repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4(b), Sch. 2 (with saving in Sch. 1 para. 4(1)).

Modifications etc. (not altering text)

C5 Ss. 176, 177, 180, 181 applied by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 5(6)

182 Power to repeal or amend local Acts. E+W

(1) The Secretary of State may by order repeal or amend a provision of a local Act passed before 8th August 1980 where it appears to him that the provision is inconsistent with a provision of this Part relating to the right to buy F10 . . ..

(2) Before making an order under this section the Secretary of State shall consult any local housing authority appearing to him to be concerned.

(3) An order made under this section may contain such transitional, incidental or supplementary provisions as the Secretary of State considers appropriate.

(4) An order under this section—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F10 Words in s. 182(1) repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4(b), Sch. 2 (with saving in Sch. 1 para. 4(1)).

183 Meaning of “house”, “flat” and “dwelling-house”. E+W

(1) The following provisions apply to the interpretation of “house”, “flat” and “dwelling-house” when used in this Part.

(2) A dwelling-house is a house if, and only if, it (or so much of its as does not consist of land included by virtue of section 184) is a structure reasonably so called; so that—

(a) where a building is divided horizontally, the flats or other units into which it is divided are not houses;

(b) where a building is divided vertically, the units into which it is divided may be houses;

(c) where a building is not structurally detached, it is not a house if a material part of it lies above or below the remainder of the structure.

(3) A dwelling-house which is not a house is a flat.

184 Land let with or used for purposes of dwelling-house. E+W

(1) For the purpose of this Part land let together with a dwelling-house shall be treated as part of the dwelling-house, unless the land is agricultural land (within the meaning set out in section 26(3)(a) of the M3 General Rate Act 1967) exceeding two acres.

(2) There shall be treated as included in a dwelling-house any land which is not within subsection (1) but is or has been used for the purpose of the dwelling-house if—

(a) the tenant, by a written notice served on the landlord at any time before he exercises the right to buy or the [F11 right to acquire on rent to mortgage terms], requires the land to be included in the dwelling-house, and

(b) it is reasonable in all the circumstances for the land to be so included.

(3) A notice under subsection (2) may be withdrawn by a written notice served on the landlord at any time before the tenant exercises the right to buy or the [F11 right to acquire on rent to mortgage terms].

(4) Where a notice under subsection (2) is served or withdrawn after the service of the notice under section 125 (landlord’s notice of purchase price, etc.), the parties shall, as soon as practicable after the service or withdrawal, take all such steps (whether by way of amending, withdrawing or re-serving any notice or extending any period or otherwise) as may be requisite for the purpose of securing that all parties are, as nearly as may be, in the same position as they would have been in if the notice under subsection (2) had been served or withdrawn before the service of the notice under section 125.

Textual Amendments

F11 Words in s. 184(2)(3) substituted (11.10.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 24; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch, 1 para. 4(1)).

Marginal Citations

M3 1967 c. 9.

185 Meaning of “secure tenancy” and “secure tenant”. E+W

(1) References in this Part to a secure tenancy or a secure tenant in relation to a time before 26th August 1984 are to a tenancy which would have been a secure tenancy if Chapter II of Part I of the M4 Housing Act 1980 and Part I of the M5 Housing and Building Control Act 1984 had then been in force or to a person who would then have been a secure tenant.

(2) For the purpose of determining whether a person would have been a secure tenant and his tenancy a secure tenancy—

(a) a predecessor of a local authority shall be deemed to have been such an authority, and

(b) a housing association shall be deemed to have been registered if it is or was [F12 a registered social landlord] at any later time.

Textual Amendments

F12 Words in s. 185(2)(b) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(16)

Marginal Citations

M4 1980 c. 51.

M5 1984 c. 29.

186 Members of a person’s family. E+W

(1) A person is a member of another’s family within the meaning of this Part if—

(a) he is the spouse of that person, or he and that person live together as husband and wife, or

(b) he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2) For the purposes of subsection (1)(b)—

(a) a relationship by marriage 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,

(c) the stepchild of a person shall be treated as his child, and

(d) an illegitimate child shall be treated as as the legitimate child of his mother and reputed father.

Modifications etc. (not altering text)

C6 S. 186 applied by Housing Act 1988 (c. 50, SIF 61), s. 79(13), Sch. 11 para. 4(3)

187 Minor definitions. E+W

In this Part—

• “improvement” means [F13 , in relation to a dwelling house,] any alteration in, or addition to, [F14 the dwelling-house] and includes—

  (a)

  any addition to, or alteration in, landlord’s fixtures and fittings and any addition or alteration connected with the provision of services to [F14 the dwelling-house],

  (b)

  the erection of a wireless or television aerial, and

  (c)

  the carrying out of external decoration;

• [F15 and shall be similarly construed in relation to any other building or land;]

• [F16 “improvement contribution” means an amount payable by a tenant of a flat in respect of improvements to the flat, the building in which it is situated or any other building or land, other than works carried out in discharge of any such obligations as are referred to in paragraph 16A(1) of Schedule 6 (obligations to repair, reinstate, etc.);]

• “long tenancy” means—

  (a)

  a long tenancy within the meaning of part IV,

  (b)

  [F17 a tenancy falling within paragraph 1 of Schedule 1 to the M6 Tenants’ Rights, Etc. (Scotland) Act 1980, or]

  (c)

  a tenancy falling within paragraph 1 of Schedule 2 to the M7 Housing (Northern Ireland) Order 1983;

  and “long lease” shall be construed accordingly;

• F18 . . .

Textual Amendments

F13 Words inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 30(2)(a)

F14 Words substituted by Housing and Planning Act 1986 (c.63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 30(2)(b)

F15 Words inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 30(2)(c)

F16 Definition inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 30(3)

F17 By Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 30(2), Sch. 24 (which by s. 340(3) is expressed to extend to Scotland only) it is provided that in s. 187, in the definition of “long tenancy”, paragraph (b) shall cease to have effect (S.)

F18 Definition in s. 187 repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4(b), Sch. 2 (with saving in Sch. 1 para. 4(1)).

Marginal Citations

M6 1980 c. 52.

M7 S.I. 1983/1113 (N.I. 15).

188 Index of defined expressions: Part V 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 or paragraph):—

F19 . . .	F19 . . .
bank	section 622
building society	section 622
cemetery	section 622
charity	section 662
compulsory disposal	section 161
co-operative housing association	section 5(2)
[F20 the Corporation]	[F20 section 6A]
[F21 disposal and instrument effecting disposal (in Schedule 9A)]	[F21 paragraph 10 of Schedule]
[F22 district valuer]	[F22 section 622 ]
dwelling-house	sections 183 and 184
F19 . . .	F19 . . .
exempted disposal	section 160
family (member of)	section 186
[F22 final payment]	[F22 paragraph 1 of Schedule 6A]
flat	section 183
[F21 former landlord and former secure tenant (in relation to a qualifying disposal)]	[F21 section 171A(2)(c)]
friendly society	section 622
F19 . . .	F19 . . .
house	section 183
housing association	section 5(1)
housing trust	section 6
improvement	section 187
[F21 improvement contribution]	[F21 section 187]
incumbrances	paragraph 7 of Schedule 6
[F22 initial payment and interim payment]	[F22 section 143B and paragraph 6 of Schedule 6A]
F19 . . .	F19 . . .
insurance company	section 622
[F22 landlord’s share]	[F22 section 148 and paragraph 7 of Schedule 6A ]
lease	section 621
local authority	section 4(e)
local housing authority	section 1, 2(2)
long tenancy (and long lease)	section 187
[F22 minimum initial payment and maximum initial payment]	[F22 section 143B ]
new town corporation	section 4(b)
F19 . . .	F19 . . .
[F22 prescribed]	[F22 section 614]
[F21 preserved right to buy]	[F21 section 171A(2)(a)]
public sector tenancy (and public sector tenant)	paragraphs 6 to 10 of Schedule 4
purchase price	section 126
[F21 qualifying disposal (in relation to the preserved right to buy)]	[F21 section 171A(2)(b)]
[F21 qualifying dwelling-house and qualifying person (in relation to the preserved right to buy)]	[F21 section 171B(1)]
[F21 reference period (for purposes of s. 125A or 125B)]	[F21 section 125C]
[F23 registered social landlord]	[F23 section 5(4) and (5)]
regular armed forces of the Crown	section 622
relevant disposal	section 159 (and see section 452(3))
relevant time	section 122(2)
F19 . . .	F19 . . .
[F22 right to acquire on rent to mortgage terms]	[F22 section 143]
right to buy	section 118(1)
F19 . . .	F19 . . .
F19 . . .	F19 . . .
secure tenancy and secure tenant	sections 79 and 185
[F21 service charge]	[F21 section 621A]
tenant’s incumbrance	paragraph 7 of Schedule 6
F19 . . .	F19 . . .
trustee savings bank	section 622
urban development corporation	section 4(d)

Textual Amendments

F19 Entries in s. 188 repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4(b), Sch. 2 (with saving in Sch. 1 para. 4(1)).

F20 Entry inserted by Housing Act 1988 (c.50, SIF 61), s. 140(1), Sch. 17 Pt. II para. 110

F21 Entries in s. 188 inserted (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 31; S.I. 1992/1753, art. 2(2)

F22 Entries in s. 188 inserted (11.10.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 25; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F23 Entry in s. 188 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(17)