Housing Act 1985

80 The landlord condition. E+W

(1) The landlord condition is that the interest of the landlord belongs to one of the following authorities or bodies—

• a local authority,

• a [F1 development] corporation,

• [F2 a housing action trust]

• an urban development corporation, [F3 in the case of a tenancy falling within subsections (2A) to (2E), the Homes and Communities Agency or the Welsh Ministers (as the case may be), ]

• F4 . . .

• F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . housing co-operative to which this section applies.

F7 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (2A) A tenancy falls within this subsection if the interest of the landlord is transferred to—

(a) the Homes and Communities Agency as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008, or

(b) the Welsh Ministers as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

(2B) A tenancy falls within this subsection if it is entered into pursuant to a contract under which the rights and liabilities of the prospective landlord are transferred to the Homes and Communities Agency or the Welsh Ministers as mentioned in subsection (2A)(a) or (b) (as the case may be).

(2C) A tenancy falls within this subsection if it is granted by the Homes and Communities Agency or the Welsh Ministers to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant of the Homes and Communities Agency or the Welsh Ministers (as the case may be).

(2D) A tenancy falls within this subsection if—

(a) it is granted by the Homes and Communities Agency or the Welsh Ministers to a person (alone or jointly with others),

(b) before the grant of the tenancy, an order for possession of a dwelling-house let under a secure tenancy was made against the person (alone or jointly with others) and in favour of the Homes and Communities Agency or the Welsh Ministers (as the case may be) on the court being satisfied as mentioned in section 84(2)(b) or (c), and

(c) the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied.

(2E) A tenancy falls within this subsection if it is granted by the Homes and Communities Agency or the Welsh Ministers pursuant to an obligation under section 554(2A).]

(3) If a co-operative housing association ceases to be [F9 a registered social landlord], it shall, within the period of 21 days beginning with the date on which it ceases to be [F9 a registered social landlord], notify each of its tenants who thereby becomes a secure tenant, in writing, that he has become a secure tenant.

[F10 (4) This section applies to a housing co-operative within the meaning of section 27B (agreements under certain superseded provisions) where the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section.]

[F11 (5) In this Act and in any provision made under this Act, or made by or under any other enactment, a reference to—

(a) a person within section 80 or 80(1) of this Act, or

(b) a person who satisfies the landlord condition under this section,

includes a reference to the Homes and Communities Agency or to the Welsh Ministers so far as acting in their capacity as landlord (or, in the case of disposals, former landlord) in respect of a tenancy which falls within subsections (2A) to (2E) above but, subject to this, does not include the Homes and Communities Agency or the Welsh Ministers.

(6) Subsection (5)—

(a) applies whether the person is described as an authority, body or landlord or in any other way and whether the reference is otherwise expressed in a different way, and

(b) is subject to any provision to the contrary.]

Textual Amendments

F1 Words in s. 80(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. 10(2)(a) (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)

F2 Words in s. 80(1) inserted by Housing Act 1988 (c. 50, SIF 61), s. 83(2)

F3 Words in s. 80(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. 10(2)(b) (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)

F4 Words in s. 80(1) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F5 Words repealed by virtue of Housing Act 1988 (c.50, SIF 61), s. 140(1)(2), Sch. 17 Pt. I para. 106, Sch. 18, note 4

F6 Words in s. 80(1) repealed by Housing Act 1988 (c.50, SIF 61), s. 140(2), Sch. 18, note 4

F7 S. 80(2) repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18, note 4 and s. 80(2) as so saved amended (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(8)(a)

F8 S. 80(2A)-(2E) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 10(3) (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)

F9 Words in s. 80(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(8)(b)

F10 S. 80(4) substituted by Housing and Planning Act 1986 (c.63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 26

F11 S. 80(5)(6) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 10(4) (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)

Modifications etc. (not altering text)

C1 S. 80 modified (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 12(6)(a)(9); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C2 S. 80 modified (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 4(6)(a); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C3 S. 80 extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 21(c) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))