C6C7 PART II PROVISION OF HOUSING ACCOMMODATION

Annotations:
Modifications etc. (not altering text)
C6

Pt. II (ss. 8–57): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)

C7

Pt. II (ss. 8-57) restricted (19.8.1996) by 1996 c. 49, s. 9(4)(a); S.I. 1996/2127, art. 2, Sch. Pt. I

Restriction on service charges

C1C2C3F1 45 Disposals in relation to which ss. 46 to 51 apply, etc. payable after disposal of house

1

The following provisions of this Part down to section 51 (restrictions on, and provision of information about, services charges) apply where—

F2a

the freehold of a house has been conveyed by a public sector authority; and

b

the conveyance enabled the vendor to recover from the purchaser a service charge.

C4C5 2

In subsection (1)(a)—

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

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

  • “ public sector authority ” means—

    • a local authority,

    • F4a National Park authority

    • a F5development corporation,

    • an urban development corporation,

    • F16a Mayoral development corporation,

    • F6the Homes and Communities Agency,

    • F17the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions,

    • F6the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981,

    • F7a housing action trust

    • F8 . . .

    • F9F13Regulator of Social Housing or Scottish Homes

      F14a non-profit registered provider of social housing,

    • a F10registered social landlord.

F11 2A

In subsection (1)(a) “ public sector authority ” also includes the F12 Welsh Ministers if the freehold has been conveyed by them (or by the Assembly constituted by the Government for Wales Act 1998, the Secretary of State or Housing for Wales) under section 90 of the M1 Housing Associations Act 1985.

F152B

In subsection (1)(a) “public sector authority” also includes a profit-making registered provider of social housing in respect of any house which, before the conveyance, was social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.

3

The following provisions—

  • section 170 (power of Secretary of State to given assistance in connection with legal proceedings), and

  • section 181 (jurisdiction of county court),

apply to proceedings and questions arising under this section and sections 46 to 51 as they apply to proceedings and questions arising under Part V (the right to buy).