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Housing Act 1985

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Changes over time for: Cross Heading: Supplementary provisions

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Point in time view as at 08/05/2017.

Changes to legislation:

Housing Act 1985, Cross Heading: Supplementary provisions is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Supplementary provisionsE+W

457 Meaning of “house” and “house property”.E+W

In this Part “house” includes—

(a)any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it, and

(b)any part of a building which is occupied or intended to be occupied as a separate dwelling including, in particular, a flat;

and “house property” shall be construed accordingly.

458 Minor definitions.E+W

[F1(1)] In this Part—

  • the corresponding Northern Ireland provisions” means—

(a)in relation to section 442 (local authority agreements to indemnify mortgagees), Article 156 of the M1Housing (Northern Ireland) Order 1981;

(b)in relation to sections 445 to 449 (assistance for first-time buyers), Part IX of that Order;

  • the corresponding Scottish provisions”, in relation to sections 445 to 449 (assistance for first-time buyers), means [F2sections 222 to 228 of the Housing (Scotland) Act 1987];

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

  • [F4housing authority ” includes ([F5subject to subsections (1A) and (2) and sections 450A(6), 450B(4) and 450D(10)]) any local authority, an urban development corporation, [F6a Mayoral development corporation,] the [F7 Homes and Communities Agency,] [F8the Greater London Authority,] the [F9Relevant Authority] [F10, a private registered provider of social housing] and a [F11 registered social landlord ] ; ]

  • long lease” means a lease creating a long tenancy within the meaning of section 115.

  • [F12service charge ” has the meaning given by section 18(1) of the Landlord and Tenant Act 1985 (c. 70). ]

[F13(1A)A profit-making registered provider of social housing is a housing authority for the purposes of this Part only in relation to social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.]

[F14(2) In section 444 “ housing authority ” does not include the Secretary of State unless the interest in the house is or was acquired on a disposal by him under section 90 of the M2 Housing Associations Act 1985; and in section 452 “ housing authority ” does not include the Secretary of State unless the disposal was under that section 90. ]

Textual Amendments

F1S. 458 renumbered as s. 458(1) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 18(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F2Words in definition "the corresponding Scottish provisions" in s. 458(1) substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 30(3)

F4Definition "housing authority" in s. 458(1) inserted (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 37; S.I. 1992/1753, art. 2(2) (with restriction in Sch. para. 4)

F5Words in definition "housing authority" in s. 458(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 33(2)(a) (with art. 6, Sch. 3)

F6Words in definition "housing authority" in s. 458(1) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 14

F8Words in definition "housing authority" in s. 458(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 19; S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F9Words in definition "housing authority" in s. 458(1) 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

F11Words in definition "housing authority" in s. 458(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(25)

F12S. 458(1): definition "service charges" inserted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 150, 181(1), Sch. 9 para. 4; S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i), Sch. 2

F14S. 458(2) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 18(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

Marginal Citations

459 Index of defined expressions: Part XIV.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):—

banksection 622
building societysection 622
[F15co-operative housing association][F15section 5(2)]
F16. . .F16. . .
corresponding Northern Ireland provisionssection 458
corresponding Scottish provisionssection 458
[F17development corporationsection 4(1)(c)]
. . . F18 . . . F18
district valuersection 622
first time purchasersection 449(2)(d)
fit for human habitationsection 604
friendly societysection 622
housesection 457
house propertysection 457
housing associationsection 5(1)
[F19housing authority][F19sections 4(a) and 458]
F20 . . . F21 . . . F21
insurance companysection 622
local authoritysection 4(e)
long leasesections 115 and 458
new town corporationsection 4(b)
ownership and proprietor (in relation to an advance under the Small Dwellings Acquisition Acts)paragraphs 9(2) and (3) of Schedule 18
. . .F20. . .
recognised lending institutionsection 447
recognised savings institutionsection 448
[F22 registered social landlord][F20 section 5(4) and (5)]
[F23 the Relevant Authority][F23 section 6A]
residence (in relation to an advance under the Small Dwellings Acquisition Acts)paragraph 9(1) of Schedule 18
[F19service charge][F24section 458]
statutory conditions (in relation to an advance under the Small Dwellings Acquisition Acts)paragraph 2 of Schedule 18
trustee savings banksection 622
urban development corporationsection 4(d)

Textual Amendments

F20Entry in s. 459 repealed (24.9.1996) by 1996 c. 52, ss. 227, 232(2), Sch. 19 Pt. XIV

F22Entry in s. 459 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(26)

F23Entry in s. 459 inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 19(b) (with ss. 139(2), 141(1, 143(2)); S.I. 1998/2244, art. 5

F24S. 459: words in entry relating to "service charge" substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 150, 181(1), Sch. 9 para. 5; S.I.2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i), Sch. 2

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