Housing Act 1985

Local authority assistance in connection with mortgages E+W

442 Agreement by local authority to indemnify mortgagee. E+W

(1) A local authority may, with the approval of the Secretary of State, enter into an agreement with—

(a) a building society lending on the security of a house, or

(b) a recognised body making a relevant advance on the security of a house,

whereby, in the event of default by the mortgagor, and in the circumstances and subject to conditions specified in the agreement, the authority binds itself to indemnify the society or body in respect of the whole or part of the mortgagor’s outstanding indebtedness and any loss or expense falling on the society or body in consequence of the mortgagor’s default.

(2) The agreement may also, if the mortgagor is made party to it, enable or require the authority in specified circumstances to take a transfer of the mortgage and assume rights and liabilities under it, the building society or recongised body being then discharged in respect of them.

(3) The transfer may be made to take effect—

(a) on terms provided for by the agreement (including terms involving the substitution of a new mortgage agreement or modification of the existing one), and

(b) so that the authority is treated as acquiring (for and in relation to the purposes of the mortgage) the benefit and burden of all preceding acts, omissions and events.

(4) The Secretary of State may approve particular agreements or give notice that particular forms of agreement have his approval, and in either case may make his approval subject to conditions.

(5) The Secretary of State shall before giving notice that a particular form of agreement has his approval consult—

(a) in the case of a form of agreement with a building society, the [F1 Building Societies Commission] and such organisations representative of building societies and local authorities as the Secretary of State thinks expedient;

(b) in the case of a form of agreement with a recognised body, such organisations representative of recognised bodies and local authorities as he thinks expedient.

Textual Amendments

F1 Words substituted by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120(1), Sch. 18 Pt. I para. 18(2)

Modifications etc. (not altering text)

C1 S. 442 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61

S. 442 extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 21(d) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

C2 S. 422(1)(a) amended by S.I. 1986/148, art. 10(1)

443 Local authority contributions to mortgage costs. E+W

(1) A local authority may contribute towards costs incurred by a person in connection with a legal charge which secures, or a proposed legal charge which is intended to secure, a relevant advance made or proposed to be made to him by a building society or recognised body.

(2) The contribution shall not exceed such amount as may be specified by order of the Secretary of State.

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

Modifications etc. (not altering text)

C3 S. 443 extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 21(d) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

444 Recognised bodies and relevant advances for purposes of ss. 442 and 443. E+W

(1) The expression “recognised body” in sections 442 and 443 (agreements to indemnify mortgagees and contributions to mortgage costs) means a body specified, or of a class or description specified, by order of the Secretary of State made with the consent of the Treasury.

(2) An order shall be made by statutory instrument.

(3) Before making an order varying or revoking a previous order the Secretary of State shall give an opportunity for representations to be made on behalf of a body which, if the order were made, would cease to be a recognised body.

(4) the expression “relevant advance” in those sections means an advance made to a person whose interest in the house on the security of which the advance is made is, or was, acquired F2 by virtue of a conveyance of the freehold, or a grant or assignment of a long lease, F2 by [F2 a housing authority]

Textual Amendments

F2 By Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 34 it is provided that in s. 444(4) for the words from 'by' to the end there is substituted (17.8.1992) 'a housing authority'; S.I. 1992/1753, art.2(2) (with restriction in Sch. para. 3)

Modifications etc. (not altering text)

C4 S. 444 extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 22 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

C5 S. 444(4) explained by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(1), Sch. 3 para. 5(3)