buildings in the proposed class are defective by reason of their design or construction, and

by virtue of the circumstances mentioned in paragraph (a) having become generally known, the value of some or all of the dwellings concerned has been substantially reduced.

“the qualifying defect” means what, in the opinion of the Secretary of State, is wrong with the buildings in that class, and

“the cut-off date” means the date by which, in the opinion of the Secretary of State, the circumstances mentioned in subsection (1)(a) became generally known.

the cut-off date,

the date (being a date falling on or after the cut-off date) on which the designation is to come into operation, and

the period within which persons may seek assistance under this Part in respect of the defective dwellings concerned.

vary a designation under section 528, but not so as to vary the cut-off date, or

revoke such a designation.

a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture or otherwise,

a tenancy granted in pursuance of Part V (the right to buy), or

a tenancy for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, unless it is a tenancy by sub-demise from one which is not a long tenancy.

an interest created by way of security and liable to termination by the exercise of a right of redemption or otherwise, or

a secure tenancy.

the disposal by a public sector authority was made before the cut-off date, and

there has been no disposal for value by any person of a relevant interest in the dwelling on or after that date.

a person to whom section 527 applies acquired a relevant interest in the dwelling on a disposal for value occurring within the period of twelve months beginning with the cut-off date,

he was unaware on the date of the disposal of the association of the dwelling with the qualifying defect,

the value by reference to which the price for the disposal was calculated did not take any, or any adequate, account of the qualifying defect, and

if the cut-off date had fallen immediately after the date of the disposal, the first set of conditions would have been satisfied.

if the contract is unconditional, the time at which the contract is made, and

if the contract is conditional (and in particular if it is conditional on the exercise of an option), the time when the condition is satisfied;

that work to the building which consists of or includes the dwelling has been carried out in order to deal with the qualifying defect, and

that on the completion of the work, no further work relating to the dwelling was required to be done to the building in order to deal satisfactorily with the qualifying defect.

an application has been made in respect of the defective dwelling (whether before or after the relevant designation came into operation) for F2renovation grant or common parts grant under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing)., and

the relevant works in relation to that grant include the whole or part of the work required to reinstate the dwelling,

the dwelling is a defective dwelling, and

the relevant works include the whole or part of the work required to reinstate it,

that the dwelling is a house (as defined in section 575);

that giving assistance by way of reinstatement grant is justified having regard, on the one hand, to the amount of reinstatement grant that would be payable in respect of the dwelling and, on the other hand, to the likely value of the freehold of the dwelling with vacant possession after the work required to reinstate it has been carried out; and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

may make different provision for different classes of case,

shall be made by statutory instrument, and

shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

required to be done, in order to deal satisfactorily with the qualifying defect, to any garage or outhouse designed or constructed as that building is designed or constructed, being a garage or outhouse in which the interest of the person eligible for assistance subsists and which is occupied with and used for the purposes of the dwelling or any part of it, or

reasonably required in connection with other work falling within this subsection.

the most satisfactory way of dealing with the qualifying defect is substantially to demolish the building that consists of or includes the defective dwelling or a part of that building, and

it is practicable to rebuild the building or part concerned on, or substantially on, its existing foundations and reconstruct the dwelling to the same, or substantially the same, plan,

the grounds for the authority’s determination;

the work which, in their opinion, is required to reinstate the defective dwelling;

the amount of expenditure which, in their opinion, may properly be incurred in executing the work;

the amount of expenditure which, in their opinion, may properly be incurred in entering into an associated arrangement;

the condition required by section 542 (execution of work to satisfaction of authority within specifed period), including the period within which the work is to be carried out; and

their estimate of the amount of grant payable in respect of the dwelling in pursuance of this Part.

paragraphs 1 to 3 of Schedule 20 (request for notice of proposed terms of repurchase), and

sections 554, 556 and 557(1) (provisions for grant of tenancy to former owner-occupier of repurchased dwelling).

the qualifying work, and

any associated arrangement,

to the satisfaction of the local housing authority, and

within the period specified in the notice of determination. or that period as extended.

the amount stated in the notice of determination, or in a notice under section 544 (notice of change in work required or expenditure permitted), to be the amount of expenditure which, in the opinion of the local housing authority, may properly be incurred in executing the qualifying work and entering into any associated arrangement,

the expenditure actually incurred in executing the qualifying work and entering into any associated arrangement, and

the expenditure which is the maximum amount permitted to be taken into account for the purposes of this section.

a relevant interest in the dwelling was disposed of by a public sector authority mentioned in column 1 of the following Table (or a predecessor mentioned there of such an authority),

there has been no disposal within paragraph (a) since the time of that disposal, and

any conditions mentioned in column 2 of the Table in relation to the authority are met,

stating that they wish to acquire the interest, and

specifying the address of the principal office of the authority and any other address which may also be used as an address for service;

a request under paragraph 2 of Schedule 20 (request for notice of proposed terms of acquisition) may be made either to the local housing authority or to the other authority, and

any such request given to the local housing authority (whether before or after the notice) shall be forwarded by them to the other authority;

before disposing of the interest he must offer to dispose of it to a public sector authority, or

in the case of a leasehold interest, he may require a public sector authority who are his landlord to accept a surrender of the lease but is otherwise prohibited from disposing of it,

the owner disposes of his interest to the public sector authority in pursuance of the covenant or lease, and

the interest acquired by that authority on the disposal subsists only in the land affected, that is to say, the defective dwelling and any garage, outhouse, garden, yard and appurtenances occupied with and used for the purposes of the dwelling or part of it,

the “consideration for the disposal” means the amount before any reduction required by section 158(3) (reduction corresponding to amount of discount repayable or amount payable for outstanding share under shared ownership lease) or any provision to the like effect, and

the “defect-free value” means the amount that would have been the consideration for the disposal if none of the defective dwellings to which the designation in question related had been affected by the qualifying defect.

immediately before the time of the disposal he was eligible for assistance under this Part in respect of the dwelling,

the amount paid as consideration for the disposal did not include any amount attributable to his right to apply for such assistance, and

on the disposal the authority acquired an interest in any of the affected land, that is to say, the defective dwelling and any garage, outhouse, garden, yard and appurtenances occupied with and used for the purposes of the dwelling or part of it,

the “amount of compensation for the disposal” means the amount that would have been the proper amount of compensation for the disposal (having regard to any relevant determination of the F9Upper Tribunal) or, if greater, the amount paid as the consideration for the disposal, and

the “defect-free value” means the amount that would have been the proper amount of compensation for the disposal if none of the defective dwellings to which the designation in question related had been affected by the qualifying defect;

section 549 (making-up of consideration on disposal in pursuance of right of pre-emption, &c.), or

section 550 (making-up of compulsory purchase compensation),

refuse an application for payment under section 549 on any grounds, or

refuse an application for payment under section 550 on the grounds that the owner was not eligible for assistance in respect of the defective dwelling,

under section 549 or 550 as to the defect-free value, or

under section 550 as to the amount of compensation for the disposal,

expenses in respect of legal services provided in connection with the authority’s acquisition, and

other expenses in connection with negotiating the terms of that acquisition,

the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and

the interest of the person entitled to assistance by way of repurchase is, immediately before the completion of the authority’s acquisition, subject to a tenancy of the dwelling-house,

that the tenancy was a protected tenancy F10or an assured tenancy throughout the period beginning with the making of an application for assistance under this Part in respect of the defective dwelling and ending immediately before the authority’s acquisition; and

no notice was given in respect of the tenancy in accordance with any of Cases 11 to 18 and 20 in Schedule 15 to the M4Rent Act 1977 (notice that possession might be recovered under that Case) or under section 52(1)(b) of the M5Housing Act 1980 (notice that tenancy is to be a protected shorthold tenancy) F11or in accordance with any of Grounds 1, 3, 4 and 5 in Schedule 2 to the Housing Act 1988 (notice that possession might be recovered under that ground) F12. . .; and.

the tenancy is not by virtue of any provision of Part I of the Housing Act 1988 an assured shorthold tenancy;

the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and

an individual is an occupier of the dwelling-house throughout the period beginning with the making of an application for assistance under this Part in respect of the dwelling and ending immediately before the completion of the authority’s acquisition, and

he is a person entitled to assistance by way of repurchase in respect of the defective dwelling, or the persons so entitled are in relation to the interest concerned his trustees,

is a person who, immediately before he acquired his interest in the dwelling-house, was a secure tenant of it; or

is the spouse or civil partner, or a former spouse or former civil partner, or the surviving spouse or surviving civil partner, of a person falling within paragraph (a); or

is a member of the family, within the meaning of section 186, of a person falling within paragraph (a) who has died, and was residing with that person in the dwelling-house at the time of and for the period of twelve months before his death.

a secure tenancy, or

a protected tenancy other than one under which the landlord might recover possession under one of the cases in Part II of Schedule 15 to the M6Rent Act 1977 (cases in which the court must order possession) F18or

an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession on any of Grounds 1 to 5 in Schedule 2 to that Act.

the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and

an individual is an occupier of a dwelling-house throughout the period beginning with the making of an application for assistance under this Part in respect of the dwelling and ending immediately before the completion of the authority’s acquisition, and

he is a statutory tenant of the dwelling-house at the end of that period, and

no notice was given in respect of the original tenancy in accordance with any of Cases 11 to 18 and 20 in Schedule 15 to the Rent Act 1977 (notice that possession might be recovered under that Case) or under section 52(1)(b) of the M7Housing Act 1980 (notice that tenancy is to be a protected shorthold tenancy), and

the interest of the person entitled to assistance would, if the statutory tenancy were a contractual tenancy, be subject to the tenancy at the end of the period mentioned in paragraph (b),

under section 554 or 555 (grant of tenancy to former owner-occupier or statutory tenant of defective dwelling-house acquired by authority), or

under arrangements made for the purposes of section 554,

similar as regards extent and character to the accommodation afforded by the current dwelling-house,

reasonably suitable to the means of the prospective tenant and his family, and

reasonably suitable to the needs of the prospective tenant and his family as regards proximity to place of work and place of education.

in the case of an acquisition under Schedule 20 (repurchase,), the service on the person entitled to assistance of a copy of the agreement drawn up under paragraph 5 of that Schedule, or

in the case of an acquisition in the circumstances described in section 549(3) (acquisition in pursuance of right of pre-emption, &c.), the time of the disposal.

“dwelling-house” has the same meaning as in Part IV (secure tenancies);

“occupier”, in relation to a dwelling-house, means a person who occupies the dwelling-house as his only or principal home or (in the case of a statutory tenant) as his residence;

references to the grant of a secure tenancy are to the grant of a tenancy which would be a secure tenancy assuming that the tenant under the tenancy occupies the dwelling-house as his only or principal home

buildings in the proposed class are defective by reason of their design or construction, and

by virtue of the circumstances mentioned in paragraph (a) having become generally known, the value of some or all of the dwellings concerned has been substantially reduced.

“The qualifying defect” means what, in the opinion of the authority, is wrong with the buildings in that class, and

“the cut-off date” means the date by which, in the opinion of the authority, the circumstances mentioned in subsection (1)(a) became generally known.

the cut-off date,

the date (being a date falling on or after the cut-off date) on which the designation is to come into operation, and

the period within which persons may seek assistance under this Part in respect of the defective dwellings concerned.

vary a designation under section 559, but not so as to vary the cut-off date, or

revoke such a designation.

section 559 (designation under local scheme) or,

section 560 (variation or revocation of designation under local scheme),

a designation under section 528 (designation of defective dwellings by Secretary of State) or section 559 (designation of defective dwellings under local scheme), or,

a variation of such a designation,

that none of the dwellings concerned are situated in their district, or

that no-one is likely to be eligible for assistance in respect of the dwellings concerned which are situated in their district.

specifying the qualifying defect, and

stating that he will not be eligible for assistance under this part in respect of the dwelling.

specifying the qualifying defect,

stating, where the time of disposal of the interest falls after the cut-off date, that he will not be eligible for assistance under this Part, and

stating the effect of subsection (3)

is not obliged to complete the conveyance before the expiry of the period of six months beginning with the service of that notice on him, and

may within that period withdraw from the transaction by notice in writing to the authority to that effect;

any person holding an interest in the dwelling, or

any person who is a statutory tenant of it,

dies, or

disposes of his interest in the dwelling (otherwise than on a disposal for value) to such a person as is mentioned in section 527(a) (persons qualifying for assistance: individuals, trustees for individuals and personal representatives),

a shared ownership lease, or

the freehold acquired under the terms of a shared ownership lease,

a shared ownership lease granted in pursuance of Part V (the right to buy),

a lease of a dwelling-house granted otherwise than in pursuance of that Part which contains provision to the like effect as that required by paragraphs 1 and 2 of Schedule 8 (terms of shared ownership lease: right to acquired additional shares and to acquire freehold),

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24 or

a lease determined, or of a class F25or description determined, by the Secretary of State to be a shared ownership lease.

a power of sale (whether conferred by section 101 of the M8Law of Property Act 1925 or otherwise) is exercisable by the mortgagee, and

the mortgagor is eligible for assistance in respect of the defective dwelling.

rights corresponding to those conferred by this Part on a person holding a relevant interest in the defective dwelling,

the right to require the purchasing authority to acquire in accordance with the regulations any interest in the defective dwelling to be disposed of in exercise of the power of sale, and

where the mortgagee is the purchasing authority, the right by deed to vest the dwelling in themselves;

regulations under this section, or

section 452 and Schedule 17 (vesting of dwelling-house in authority entitled to exercise power of sale),

may make different provision for different cases and may make incidental and consequential provision; and

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

in giving assistance by way of reinstatement grant,

in giving assistance by way of repurchase of a dwelling which is a defective dwelling by virtue of a designation under section 528 (designation by Secretary of State), or

in making payments under section 549 (making up of consideration on disposal in pursuance of right of pre-emption, &c.) or section 550 (making up of compulsory purchase compensation).

90 per cent. in the case of reinstatement grant.

75 per cent. in the case of repurchase or a payment under section 549 or 550 where there has at any time been a disposal of a relevant interest in the defective dwelling by the local housing authority or a predecessor of that authority, and

100 per cent. in the case of repurchase or a payment under those sections not within paragraph (b);

in the case of reinstatement grant, the amount of the grant,

in the case of repurchase, the price paid for the acquisition, together with any amount reimbursed under section 552 (incidental expenses), less the value of the interest at the relevant time determined in accordance with paragraph 8 of Schedule 20 (value for purposes of repurchase) but without the assumption required by paragraph 8(1)(a) (assumption that dwelling is defect free),

in the case of a payment under section 549 or 550, the amount of the payment.

may make different provision for assistance given or payments made in respect of defective dwellings in different areas or under different provisions or for different purposes of the same provision;

shall be made by statutory instrument; and

shall not be made unless a draft of it has been laid before and approved by a resolution of the House of Commons.

by delivering it to him or leaving it at his proper address, or

by sending it to him by post,

in the case of a body corporate or its secretary, the address of the principal office of the body,

in any other case, his last known address,

to determine any question arising under this Part notwithstanding that a declaration is the only relief sought, and

to entertain any proceedings brought in connection with the performance or discharge of obligations arising under this Part, including proceedings for the recovery of damages in the event of the obligations not being performed.

section 542(3) (reinstatement grant: period within which work is to be completed), or

paragraph 2(2) or 6(2) of Schedule 20 (repurchase: period for service of request or notice by person entitled to assistance),

that the affairs of the body are managed by its members, and

that its members hold office by virtue of appointment (to that or another office) by a Minister of the Crown under an enactment,

if it is so divided horizontally, or a material part of a unit lies above or below another unit, the units are not houses (though the building as a whole may be), and

if it is so divided vertically, the units may be houses.