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Housing Act 1985, Cross Heading: The landlord condition is up to date with all changes known to be in force on or before 03 September 2024. 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.
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7(1)The landlord condition is, subject to [F1[F2paragraphs 7A and 7B and] and to] any order under paragraph 8, that the interest of the landlord belonged to, or to a predecessor of—E+W
a local authority,
a [F3development] corporation,
[F4 a housing action trust]
the Development Board for Rural Wales,
an urban development corporation,
[F5a Mayoral development corporation, ]
[F6the Commission for the New Towns,]
the [F7[F8Regulator of Social Housing] or Housing for Wales],
a [F9a non-profit registered provider of social housing which is not a co-operative housing association,][F10registered social landlord] which is not a co-operative housing association,
[F11the Secretary of State where that interest belonged to him as the result of the exercise by him of functions under Part III of the Housing Associations Act 1985.]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 ,
or to, or to a predecessor of, an authority or other body falling within sub-paragraph (2) or (3) (corresponding authorities and bodies in Scotland and Northern Ireland),
( 2 )The corresponding authorities and bodies in Scotland are—
a [F13 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ] ,
a joint board or joint committee of such a council,
the common good of such a council or a trust under its control,
a development corporation established by an order made or having effect as if made under the M1 New Towns (Scotland) Act 1968,
[F14the Scottish Special Housing Association]
[F14Scottish Homes],
a housing association which falls within [F15section 61(2)(a)(vi) of the Housing (Scotland) Act 1987] but is not a registered society within the meaning of section [F1545] of that Act, and
F16 . . .
(3)The corresponding authorities and bodies in Northern Ireland are—
a district council within the meaning of the M2 Local Government Act (Northern Ireland) 1972,
the Northern Ireland Housing Executive, and
a registered housing association within the meaning of Chapter II of Part II of the M3 Housing (Northern Ireland) Order 1983.
Textual Amendments
F1Words in Sch. 4 para. 7(1) inserted (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 40(3)(a); S.I. 1992/1753, art. 2(2) (subject to a restriction in Sch. para. 5)
F2Words in Sch. 4 para. 7(1) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 31(2)(a) (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)
F3Words in Sch. 4 para. 7(1) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 31(2)(b) (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)
F4Entry in Sch. 4 para. 7(1) inserted by Housing Act 1988 (c. 50, SIF 61) s. 83(7)
F5Words in Sch. 4 para. 7(1) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 19
F6Words in Sch. 4 para. 7(1) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 31(2)(c) (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)
F7Words in Sch. 4 para. 7(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 22 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5
F8Words in Sch. 4 para. 7(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. 38(2)(a) (with art. 6, Sch. 3)
F9Words in Sch. 4 para. 7(1) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 38(2)(b) (with art. 6, Sch. 3)
F10Words in Sch. 4 para. 7(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(32)
F11Entry in Sch. 4 para. 7(1) inserted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 2
F12Entry in Sch. 4 para. 7(1) repealed by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2)(3), Sch. 5 Pt. II para. 40(3)(a), Sch. 12 Pt. I
F13In Sch. 4 para. 7(2) for the reference to “regional, islands or district council”there is substituted a reference to “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”by 1994 c. 39, s. 180(1), Sch. 13 para. 142(3)(a) (which by s. 184(4) extends to Scotland only); S.I. 1996/323, art. 4(1)(c)
F14In Sch. 4 para. 7(2) for the reference to the Scottish Special Housing Association there is substituted a reference to Scottish Homes by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(3), Sch. 2 para. 1
F15By Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 30(4)(a)(which by s. 340(3) is expressed to extend to Scotland only) it is provided that in para. 7(2) in the definition of “housing association”, for “paragraph (e) of section 10(2) of the Tenants' Rights, Etc. (Scotland) Act 1980” and “11” there are substituted (S.) “section 61(2)(a)(vi) of the Housing (Scotland) Act 1987” and “45” respectively
F16Words in Sch. 4 para. 7(2) repealed (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 40(3)(b); S.I. 1992/1753, art. 2(2) (with restriction in Sch. para. 5)
Modifications etc. (not altering text)
C1Sch. 4 para. 7(1) explained by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(1), Sch. 3 para. 5(3)
Sch. 4 para. 7(1) modified (17.8.1992) by S.I. 1992/1709, reg. 2(b)
C2Sch. 4 para. 7(1) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), art. 3, Sch. para. 2(1) (with art. 6); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)
C3In Sch. 4 para. 7(2) for the reference to the Scottish Special Housing Association there is substituted a reference to Scottish Homes by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(3), Sch. 2 para. 1
Marginal Citations
[F177A(1)The landlord condition shall be treated as having been satisfied in the case of a dwelling-house comprised in a housing co-operative agreement made—E+W
(a)in England and Wales, by a local housing authority, new town corporation or the Development Board for Rural Wales, or
(b)in Scotland, by [F18a local housing authority],
if the interest of the landlord belonged to the housing co-operative.
(2)In sub-paragraph (1) “housing co-operative agreement” and “housing co-operative”—
(a)as regards England and Wales have the same meaning as in section 27B (agreements with housing co-operatives under superseded provisions), and
(b)as regards Scotland mean an agreement made under section 5 of the Housing Rents and Subsidies (Scotland) Act 1975 and a housing co-operative within the meaning of that section.]
Textual Amendments
F17Sch. 4 para. 7A inserted (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 40(4); S.I. 1992/1753, art. 2(2) (subject to a restriction in Sch. para. 5)
F18In Sch. 4 para. 7A(1)(b) for the reference to “an islands or district council”there is substituted a reference to “a local housing authority”by 1994 c. 39, s. 180(1), Sch. 13 para. 142(3)(b) (which by s. 184(4) extends to Scotland only); S.I. 1996/323, art. 4(1)(c)
[F197BE+WThe landlord condition shall be treated as having been satisfied in the case of a dwelling-house let under a tenancy falling within section 80(2A) to (2E) at any time if, at that time, the interest of the landlord belonged to—
(a)the Homes and Communities Agency, or
(b)the Welsh Ministers.]
Textual Amendments
F19Sch. 4 para. 7B inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 31(3) (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)
8(1)The landlord condition shall also be treated as having been satisfied, in such circumstances as may be prescribed for the purposes of this paragraph by order of the Secretary of State, if the interest of the landlord belonged to a person who is so prescribed.E+W
(2)An order under this paragraph—
(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.
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