Housing Act 1988

Part I E+W Rented Accommodation

Modifications etc. (not altering text)

C1 Part I (ss. 1–45) modified by S.I. 1990/776, arts. 2(2), 5(2)(b) and excluded by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 242

C2 Part I (ss. 1–45) applied by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8, para. 19(3)

C3 Part I (ss. 1-45) definition applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167(3), 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

C4 Pt. I (ss. 1-45) definition applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168(3), 225(2), Sch. 19 para. 10 (with ss. 15(6), 179, 222(3), 224(1), Sch. 22 para. 1, Sch. 23 para. 6)

C5 Pt. I (ss. 1-45) restricted (1.11.1993) by 1993 c. 28, s. 59(2)(c)(iii); S.I. 1993/2134, arts. 2, 5

Pt. I (ss. 1-45) excluded (3.3.1997) by 1985 c. 68, s. 348D(5) (as inserted (3.3.1997) by 1996 c. 52, s. 67(1) (with s. 70); S.I. 1997/350, art. 2

Pt. I (ss. 1-45) modified (1.10.1996) by 1996 c. 27, s. 30(4)(b); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

C6 Pt. 1 excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 33, 270(3); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

chapter I E+W Assured Tenancies

Meaning of assured tenancy etc. E+W

1 Assured tenancies. E+W

(1) A tenancy under which a dwelling-house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as—

(a) the tenant or, as the case may be, each of the joint tenants is an individual; and

(b) the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling-house as his only or principal home; and

(c) the tenancy is not one which, by virtue of subsection (2) or subsection (6) below, cannot be an assured tenancy.

[F1 (1A) Subsection (1) has effect subject to section 15A (loss of assured tenancy status).]

(2) Subject to subsection (3) below, if and so long as a tenancy falls within any paragraph in Part I of Schedule 1 to this Act, it cannot be an assured tenancy; and in that Schedule—

(a) “tenancy” means a tenancy under which a dwelling-house is let as a separate dwelling;

(b) Part II has effect for determining the rateable value of a dwelling-house for the purposes of Part I; and

(c) Part III has effect for supplementing paragraph 10 in Part I.

[F2 (2A) The Secretary of State may by order replace any amount referred to in paragraphs 2 and 3A of Schedule 1 to this Act by such amount as is specified in the order; and such an order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(3) Except as provided in Chapter V below, at the commencement of this Act, a tenancy—

(a) under which a dwelling-house was then let as a separate dwelling, and

(b) which immediately before that commencement was an assured tenancy for the purposes of sections 56 to 58 of the M1 Housing Act 1980 (tenancies granted by approved bodies),

shall become an assured tenancy for the purposes of this Act.

(4) In relation to an assured tenancy falling within subsection (3) above—

(a) Part I of Schedule 1 to this Act shall have effect, subject to subsection (5) below, as if it consisted only of paragraphs 11 and 12; and

(b) sections 56 to 58 of the Housing Act 1980 (and Schedule 5 to that Act) shall not apply after the commencement of this Act.

(5) In any case where—

(a) immediately before the commencement of this Act the landlord under a tenancy is a fully mutual housing association, and

(b) at the commencement of this Act the tenancy becomes an assured tenancy by virtue of subsection (3) above,

then, so long as that association remains the landlord under that tenancy (and under any statutory periodic tenancy which arises on the coming to an end of that tenancy), paragraph 12 of Schedule 1 to this Act shall have effect in relation to that tenancy with the omission of sub-paragraph (1)(h).

F3 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 1(1A) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 4; S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

F2 S. 1(2A) inserted by S.I. 1990/434, reg. 2, Sch. para. 27

F3 S. 1(6)(7) repealed (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2 (subject to transitional provisions in Sch. para. 1)

Modifications etc. (not altering text)

C7 S. 1(2) excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 18(6)(b); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C8 S. 1(2) excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 12(5)(b) (with Sch. 7 para. 12(9)); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C9 S. 1(2) excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 4(5)(b); S.I. 2006/1060 {art. 2(1)(a)} (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C10 S. 1(2) excluded (16.6.2006 for W. and 6.4.2006 for E.) by Housing Act 2004 (c. 34), ss. 124(8), 270 (with s. 124(9)(10)); S.I. 2006/1535, art. 2(a) (with Sch.); S.I. 2006/1060, art. 2

Marginal Citations

M1 1980 c. 51.

2 Letting of a dwelling-house together with other land. E+W

(1) If, under a tenancy, a dwelling-house is let together with other land, then, for the purposes of this Part of this Act,—

(a) if and so long as the main purpose of the letting is the provision of a home for the tenant or, where there are joint tenants, at least one of them, the other land shall be treated as part of the dwelling-house; and

(b) if and so long as the main purpose of the letting is not as mentioned in paragraph (a) above, the tenancy shall be treated as not being one under which a dwelling-house is let as a separate dwelling.

(2) Nothing in subsection (1) above affects any question whether a tenancy is precluded from being an assured tenancy by virtue of any provision of Schedule 1 to this Act.

3 Tenant sharing accommodation with persons other than landlord. E+W

(1) Where a tenant has the exclusive occupation of any accommodation (in this section referred to as “the separate accommodation”) and—

(a) the terms as between the tenant and his landlord on which he holds the separate accommodation include the use of other accommodation (in this section referred to as “the shared accommodation”) in common with another person or other persons, not being or including the landlord, and

(b) by reason only of the circumstances mentioned in paragraph (a) above, the separate accommodation would not, apart from this section, be a dwelling-house let on an assured tenancy,

the separate accommodation shall be deemed to be a dwelling-house let on an assured tenancy and the following provisions of this section shall have effect.

(2) For the avoidance of doubt it is hereby declared that where, for the purpose of determining the rateable value of the separate accommodation, it is necessary to make an apportionment under Part II of Schedule 1 to this Act, regard is to be had to the circumstances mentioned in subsection (1)(a) above.

(3) While the tenant is in possession of the separate accommodation, any term of the tenancy terminating or modifying, or providing for the termination or modification of, his right to the use of any of the shared accommodation which is living accommodation shall be of no effect.

(4) Where the terms of the tenancy are such that, at any time during the tenancy, the persons in common with whom the tenant is entitled to the use of the shared accommodation could be varied or their number could be increased, nothing in subsection (3) above shall prevent those terms from having effect so far as they relate to any such variation or increase.

(5) In this section “living accommodation” means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is sufficient, apart from this section, to prevent the tenancy from constituting an assured tenancy of a dwelling-house.

4 Certain sublettings not to exclude any part of sub-lessor’s premises from assured tenancy. E+W

(1) Where the tenant of a dwelling-house has sub-let a part but not the whole of the dwelling-house, then, as against his landlord or any superior landlord, no part of the dwelling-house shall be treated as excluded from being a dwelling-house let on an assured tenancy by reason only that the terms on which any person claiming under the tenant holds any part of the dwelling-house include the use of accommodation in common with other persons.

(2) Nothing in this section affects the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any two such persons.

Security of tenure E+W

5 Security of tenure. E+W

[F4 (1) An assured tenancy cannot be brought to an end by the landlord except by—

(a) obtaining—

(i) an order of the court for possession of the dwelling-house under section 7 or 21, and

(ii) the execution of the order,

(b) obtaining an order of the court under section 6A (demotion order), F5 ...

(c) in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power[F6 , or

(d) in the case of an assured tenancy—

(i) which is a residential tenancy agreement within the meaning of Chapter 1 of Part 3 of the Immigration Act 2014, and

(ii) in relation to which the condition in section 33D(2) of that Act is met,

giving a notice in accordance with that section,]

and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy.

(1A) Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.]

(2) If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of—

(a) an order of the court [F7 of the kind mentioned in subsection (1)(a) or (b) or any other order of the court], F8 ...

(b) a surrender or other action on the part of the tenant[F9 , or

(c) the giving of a notice under section 33D of the Immigration Act 2014,]

then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.

(3) The periodic tenancy referred to in subsection (2) above is one—

(a) taking effect in possession immediately on the coming to an end of the fixed term tenancy;

(b) deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;

(c) under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;

(d) under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and

(e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.

(4) The periodic tenancy referred to in subsection (2) above shall not arise if, on the coming to an end of the fixed term tenancy, the tenant is entitled, by virtue of the grant of another tenancy, to possession of the same or substantially the same dwelling-house as was let to him under the fixed term tenancy.

(5) If, on or before the date on which a tenancy is entered into or is deemed to have been granted as mentioned in subsection (3)(b) above, the person who is to be the tenant under that tenancy—

(a) enters into an obligation to do any act which (apart from this subsection) will cause the tenancy to come to an end at a time when it is an assured tenancy, or

(b) executes, signs or gives any surrender, notice to quit or other document which (apart from this subsection) has the effect of bringing the tenancy to an end at a time when it is an assured tenancy,

the obligation referred to in paragraph (a) above shall not be enforceable or, as the case may be, the surrender, notice to quit or other document referred to in paragraph (b) above shall be of no effect.

[F10 (5A) Nothing in subsection (5) affects any right of pre-emption—

(a) which is exercisable by the landlord under a tenancy in circumstances where the tenant indicates his intention to dispose of the whole of his interest under the tenancy, and

(b) in pursuance of which the landlord would be required to pay, in respect of the acquisition of that interest, an amount representing its market value.

• “ Dispose ” means dispose by assignment or surrender, and “ acquisition ” has a corresponding meaning. ]

(6) If, by virtue of any provision of this Part of this Act, Part I of Schedule 1 to this Act has effect in relation to a fixed term tenancy as if it consisted only of paragraphs 11 and 12, that Part shall have the like effect in relation to any periodic tenancy which arises by virtue of this section on the coming to an end of the fixed term tenancy.

(7) Any reference in this Part of this Act to a statutory periodic tenancy is a reference to a periodic tenancy arising by virtue of this section.

Textual Amendments

F4 S. 5(1)(1A) substituted (20.5.2009) for s. 5(1) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 325, Sch. 11 para. 6(2) (with Sch. 11 para. 14); S.I. 2009/1261, {arts. 2, 3}

F5 Word in s. 5(1)(b) omitted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by virtue of Immigration Act 2016 (c. 19), ss. 40(6)(a), 94(1) (with s. 40(7)); S.I. 2016/1037, regs. 2(b), 5(d)

F6 S. 5(1)(d) and word inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 40(6)(a), 94(1) (with s. 40(7)); S.I. 2016/1037, regs. 2(b), 5(d)

F7 Words in s. 5(2)(a) inserted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 325, Sch. 11 para. 6(3) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F8 Word in s. 5(2)(a) omitted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by virtue of Immigration Act 2016 (c. 19), ss. 40(6)(b), 94(1) (with s. 40(7)); S.I. 2016/1037, regs. 2(b), 5(d)

F9 S. 5(2)(c) and word inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 40(6)(b), 94(1) (with s. 40(7)); S.I. 2016/1037, regs. 2(b), 5(d)

F10 S. 5(5A) inserted (18.1.2005) by Housing Act 2004 (c. 34), ss. 222(1)(2), 270(3)(a)

Modifications etc. (not altering text)

C11 S. 5 excluded (15.3.2018) by City of London Corporation (Open Spaces) Act 2018 (c. i), s. 6(7) (with ss. 3, 4(2))

6 Fixing of terms of statutory periodic tenancy. E+W

(1) In this section, in relation to a statutory periodic tenancy,—

(a) “the former tenancy” means the fixed term tenancy on the coming to an end of which the statutory periodic tenancy arises; and

(b) “the implied terms” means the terms of the tenancy which have effect by virtue of section 5(3)(e) above, other than terms as to the amount of the rent;

but nothing in the following provisions of this section applies to a statutory periodic tenancy at a time when, by virtue of paragraph 11 or paragraph 12 in Part 1 of Schedule 1 to this Act, it cannot be an assured tenancy.

(2) Not later than the first anniversary of the day on which the former tenancy came to an end, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form proposing terms of the statutory periodic tenancy different from the implied terms and, if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms.

(3) Where a notice has been served under subsection (2) above,—

(a) within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to [F11 the appropriate tribunal] under subsection (4) below; and

(b) if the notice is not so referred, then, with effect from such date, not falling within the period referred to in paragraph (a) above, as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed.

(4) Where a notice under subsection (2) above is referred to [F12 the appropriate tribunal], the [F13 appropriate tribunal] shall consider the terms proposed in the notice and shall determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in [F14 the appropriate tribunal’s] opinion, might reasonably be expected to be found in an assured periodic tenancy of the dwelling-house concerned, being a tenancy—

(a) which begins on the coming to an end of the former tenancy; and

(b) which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the statutory periodic tenancy at the time of [F14 the appropriate tribunal’s] consideration.

(5) Whether or not a notice under subsection (2) above proposes an adjustment of the amount of the rent under the statutory periodic tenancy, where [F15 the appropriate tribunal] determine any terms under subsection (4) above, they shall, if they consider it appropriate, specify such an adjustment to take account of the terms so determined.

(6) In making a determination under subsection (4) above, or specifying an adjustment of an amount of rent under subsection (5) above, there shall be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant.

(7) Where a notice under subsection (2) above is referred to [F16 the appropriate tribunal], then, unless the landlord and the tenant otherwise agree, with effect from such date as the [F17 appropriate tribunal] may direct—

(a) the terms determined by the [F17 appropriate tribunal] shall become terms of the statutory periodic tenancy in substitution for any of the implied terms dealing with the same subject matter; and

(b) the amount of the rent under the statutory periodic tenancy shall be altered to accord with any adjustment specified by the [F17 appropriate tribunal];

but for the purposes of paragraph (b) above the [F17 appropriate tribunal] shall not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice referred to them.

(8) Nothing in this section requires [F18 the appropriate tribunal] to continue with a determination under subsection (4) above if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.

Textual Amendments

F11 Words in s. 6(3)(a) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 81(a) (with Sch. 3)

F12 Words in s. 6(4) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 81(b)(i) (with Sch. 3)

F13 Words in s. 6(4) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 81(b)(ii) (with Sch. 3)

F14 Words in s. 6(4) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 81(b)(iii) (with Sch. 3)

F15 Words in s. 6(5) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 81(c) (with Sch. 3)

F16 Words in s. 6(7) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 81(d)(i) (with Sch. 3)

F17 Words in s. 6(7) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 81(d)(ii) (with Sch. 3)

F18 Words in s. 6(8) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 81(e) (with Sch. 3)

[F19 6A Demotion because of anti-social behaviour E+W

(1) This section applies to an assured tenancy if[F20 —

(a) the landlord is a non-profit registered provider of social housing,

(b) the landlord is a profit-making registered provider of social housing and the dwelling-house let on the tenancy is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or

(c)  ]

the landlord is a registered social landlord.

(2) The landlord may apply to [F21 the county court] for a demotion order.

(3) A demotion order has the following effect—

(a) the assured tenancy is terminated with effect from the date specified in the order;

(b) if the tenant remains in occupation of the dwelling-house after that date a demoted tenancy is created with effect from that date;

(c) it is a term of the demoted tenancy that any arrears of rent payable at the termination of the assured tenancy become payable under the demoted tenancy;

(d) it is also a term of the demoted tenancy that any rent paid in advance or overpaid at the termination of the assured tenancy is credited to the tenant’s liability to pay rent under the demoted tenancy.

(4) The court must not make a demotion order unless it is satisfied—

[F22 (a) that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to engage in—

(i) conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or

(ii) conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and]

(b) that it is reasonable to make the order.

(5) The court must not entertain proceedings for a demotion order unless—

(a) the landlord has served on the tenant a notice under subsection (6), or

(b) the court thinks it is just and equitable to dispense with the requirement of the notice.

(6) The notice must—

(a) give particulars of the conduct in respect of which the order is sought;

(b) state that the proceedings will not begin before the date specified in the notice;

(c) state that the proceedings will not begin after the end of the period of twelve months beginning with the date of service of the notice.

(7) The date specified for the purposes of subsection (6)(b) must not be before the end of the period of two weeks beginning with the date of service of the notice.

(8) Each of the following has effect in respect of a demoted tenancy at the time it is created by virtue of an order under this section as it has effect in relation to the assured tenancy at the time it is terminated by virtue of the order—

(a) the parties to the tenancy;

(b) the period of the tenancy;

(c) the amount of the rent;

(d) the dates on which the rent is payable.

(9) Subsection (8)(b) does not apply if the assured tenancy was for a fixed term and in such a case the demoted tenancy is a weekly periodic tenancy.

(10) If the landlord of the demoted tenancy serves on the tenant a statement of any other express terms of the assured tenancy which are to apply to the demoted tenancy such terms are also terms of the demoted tenancy.

[F23 (10A) In subsection (4)(a)(ii) “housing accommodation” includes—

(a) flats, lodging-houses and hostels;

(b) any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;

(c) any common areas used in connection with the accommodation.]

(11) For the purposes of this section a demoted tenancy is a tenancy to which section 20B of the Housing Act 1988 applies.]

Textual Amendments

F19 S. 6A inserted (30.6.2004 for E. and 30.4.2005 for W.) by Anti-Social Behaviour Act 2003 (c. 38), s. 14(4); S.I. 2004/1502, art. 2(a)(iii) (with savings in Sch.); S.I. 2005/1225, art. 2(b)

F20 Words in s. 6A(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. 64 (with art. 6, Sch. 3)

F21 Words in s. 6A(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F22 S. 6A(4)(a) substituted (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 17(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(iv)

F23 S. 6A(10A) inserted (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 17(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(iv)

7 Orders for possession. E+W

(1) The court shall not make an order for possession of a dwelling-house let on an assured tenancy except on one or more of the grounds set out in Schedule 2 to this Act; but nothing in this Part of this Act relates to proceedings for possession of such a dwelling-house which are brought by a mortgagee, within the meaning of the M2 Law of Property Act 1925, who has lent money on the security of the assured tenancy.

(2) The following provisions of this section have effect, subject to section 8 below, in relation to proceedings for the recovery of possession of a dwelling-house let on an assured tenancy.

(3) If the court is satisfied that any of the grounds in Part I of Schedule 2 to this Act is established then, subject to [F24 subsections (5A) and (6)] [F25 and section 10A ] below [F26 (and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998)], the court shall make an order for possession.

(4) If the court is satisfied that any of the grounds in Part II of Schedule 2 to this Act is established, then, subject to [F27 subsections (5A) and (6)] below, the court may make an order for possession if it considers it reasonable to do so.

(5) Part III of Schedule 2 to this Act shall have effect for supplementing Ground 9 in that Schedule and Part IV of that Schedule shall have effect in relation to notices given as mentioned in Grounds 1 to 5 of that Schedule.

[F28 (5A) The court shall not make an order for possession of a dwellinghouse let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 on any of the following grounds, that is to say,—

(a) Grounds 1, 2 [F29 , 5 [F30 , 7A and 7B ]] in Part I of Schedule 2 to this Act;

(b) Ground 16 in Part II of that Schedule; and

(c) if the assured periodic tenancy arose on the termination of a former 1954 Act tenancy, within the meaning of the said Schedule 10, Ground 6 in Part I of Schedule 2 to this Act.]

(6) The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless—

(a) the ground for possession is Ground 2[F31 , Ground 7A] [F32 , Ground 7B] or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and

(b) the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).

[F33 (6A) In the case of a dwelling-house in England, subsection (6)(a) has effect as if it also referred to Ground 7 in Part 1 of Schedule 2 to this Act.]

[F34 (6B) The requirement in subsection (6)(b) that would otherwise apply to an order for possession of a dwelling-house let on an assured fixed term tenancy does not apply where the ground for possession is Ground 7B in Part 1 of Schedule 2 to this Act.]

(7) Subject to the preceding provisions of this section, the court may make an order for possession of a dwelling-house on grounds relating to a fixed term tenancy which has come to an end; and where an order is made in such circumstances, any statutory periodic tenancy which has arisen on the ending of the fixed term tenancy shall end (without any notice and regardless of the period) [F35 in accordance with section 5(1A)].

Textual Amendments

F24 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 101

F25 Words in s. 7(3) inserted (1.12.2016) by Immigration Act 2016 (c. 19), ss. 41(3)(a), 94(1) (with s. 41(7)); S.I. 2016/1037, reg. 5(e)

F26 Words in s. 7(3) inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 18(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(x)

F27 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 101(2)

F28 S. 7(5A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 101(3)

F29 Words in s. 7(5A)(a) substituted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 18(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(x)

F30 Words in s. 7(5A)(a) substituted (1.12.2016) by Immigration Act 2016 (c. 19), ss. 41(3)(b), 94(1) (with s. 41(7)); S.I. 2016/1037, reg. 5(e)

F31 Words in s. 7(6)(a) inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 18(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(x)

F32 Words in s. 7(6)(a) inserted (1.12.2016) by Immigration Act 2016 (c. 19), ss. 41(3)(c), 94(1) (with s. 41(7)); S.I. 2016/1037, reg. 5(e)

F33 S. 7(6A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 162(4), 240(2); S.I. 2012/628, art. 6(b) (with arts. 9 11 14 15 17)

F34 S. 7(6B) inserted (1.12.2016) by Immigration Act 2016 (c. 19), ss. 41(3)(d), 94(1) (with s. 41(7)); S.I. 2016/1037, reg. 5(e)

F35 Words in s. 7(7) substituted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 325, Sch. 11 para. 7 (with Sch. 11 para. 14); S.I. 2009/1261, {arts. 2, 3}

Marginal Citations

M2 1925 c. 20.

8 Notice of proceedings for possession. E+W

(1) The court shall not entertain proceedings for possession of a dwelling-house let on an assured tenancy unless—

(a) the landlord or, in the case of joint landlords, at least one of them has served on the tenant a notice in accordance with this section and the proceedings are begun within the time limits stated in the notice in accordance with [F36 subsections (3) to (4B)] below; or

(b) the court considers it just and equitable to dispense with the requirement of such a notice.

(2) The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court.

(3) A notice under this section is one in the prescribed form informing the tenant that—

(a) the landlord intends to begin proceedings for possession of the dwelling-house on one or more of the grounds specified in the notice; and

(b) those proceedings will not begin earlier than a date specified in the notice [F37 in accordance with [F38 subsections (3A)] to (4B) below]; and

(c) those proceedings will not begin later than twelve months from the date of service of the notice.

[F39 (3A) If a notice under this section specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) is not to be earlier than—

(a) in the case of a periodic tenancy, the earliest date on which, apart from section 5(1), the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section;

(b) in the case of a fixed term tenancy, one month after the date on which the notice was served.]

[F40 (4) If a notice under this section specifies in accordance with subsection (3)(a) above Ground 14 in Schedule 2 to this Act [F41 (whether without other grounds or with any ground other than Ground 7A)], the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the date of the service of the notice.

(4A) If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground [F42 7A or] 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than—

(a) two months from the date of service of the notice; and

(b) if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section.

(4B) In any other case, the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the expiry of the period of two weeks from the date of the service of the notice.]

[F43 (4C) A notice under this section that specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds) must be served on the tenant within the time period specified in subsection (4D), (4E) or (4F).

(4D) Where the landlord proposes to rely on condition 1, 3 or 5 in Ground 7A, the notice must be served on the tenant within—

(a) the period of 12 months beginning with the day of the conviction, or

(b) if there is an appeal against the conviction, the period of 12 months beginning with the day on which the appeal is finally determined or abandoned.

(4E) Where the landlord proposes to rely on condition 2 in Ground 7A, the notice must be served on the tenant within—

(a) the period of 12 months beginning with the day on which the court has made the finding, or

(b) if there is an appeal against the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.

(4F) Where the landlord proposes to rely on condition 4 in Ground 7A, the notice must be served on the tenant within—

(a) the period of 3 months beginning with the day on which the closure order was made, or

(b) if there is an appeal against the making of the order, the period of 3 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.]

(5) The court may not exercise the power conferred by subsection (1)(b) above if the landlord seeks to recover possession on Ground [F44 7A [F45 , 7B ] or] 8 in Schedule 2 to this Act.

(6) Where a notice under this section—

(a) is served at a time when the dwelling-house is let on a fixed term tenancy, or

(b) is served after a fixed term tenancy has come to an end but relates (in whole or in part) to events occurring during that tenancy,

the notice shall have effect notwithstanding that the tenant becomes or has become tenant under a statutory periodic tenancy arising on the coming to an end of the fixed term tenancy.

Textual Amendments

F36 Words in s. 8(1)(a) substituted (28.2.1997) by 1996 c. 52, s. 151(2); S.I. 1997/225, art. 1 (with Sch.)

F37 Words in s. 8(3)(b) substituted (28.2.1997) by 1996 c. 52, s. 151(3); S.I. 1997/225, art. 1 (with Sch.)

F38 Words in s. 8(3)(b) substituted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 97(2)(a), 185(1), (2)(c), (3)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(d) (with art. 5); S.I. 2014/2830, art. 2(d) (with art. 3)

F39 S. 8(3A) inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 97(2)(b), 185(1), (2)(c), (3)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(d) (with art. 5); S.I. 2014/2830, art. 2(d) (with art. 3)

F40 S. 8(4)-(4B) substituted for s. 8(4) (28.2.1997) by 1996 c. 52, s. 151(4); S.I. 1997/225, art. 2 (with Sch.)

F41 Words in s. 8(4) substituted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 97(2)(c), 185(1), (2)(c), (3)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(d) (with art. 5); S.I. 2014/2830, art. 2(d) (with art. 3)

F42 Words in s. 8(4A) inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 97(2)(d), 185(1), (2)(c), (3)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(d) (with art. 5); S.I. 2014/2830, art. 2(d) (with art. 3)

F43 S. 8(4C)-(4F) inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 97(2)(e), 185(1), (2)(c), (3)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(d) (with art. 5); S.I. 2014/2830, art. 2(d) (with art. 3)

F44 Words in s. 8(5) inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 97(2)(f), 185(1), (2)(c), (3)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(d) (with art. 5); S.I. 2014/2830, art. 2(d) (with art. 3)

F45 Word in s. 8(5) inserted (1.12.2016) by Immigration Act 2016 (c. 19), ss. 41(4), 94(1) (with s. 41(7)); S.I. 2016/1037, reg. 5(e)

[F46 8A Additional notice requirements: ground of domestic violence. E+W

(1) Where the ground specified in a notice under section 8 (whether with or without other grounds) is Ground 14A in Schedule 2 to this Act and the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house, the court shall not entertain proceedings for possession of the dwelling-house unless—

(a) the landlord or, in the case of joint landlords, at least one of them has served on the partner who has left a copy of the notice or has taken all reasonable steps to serve a copy of the notice on that partner, or

(b) the court considers it just and equitable to dispense with such requirements as to service.

(2) Where Ground 14A in Schedule 2 to this Act is added to a notice under section 8 with the leave of the court after proceedings for possession are begun and the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings, the court shall not continue to entertain the proceedings unless—

(a) the landlord or, in the case of joint landlords, at least one of them has served a notice under subsection (3) below on the partner who has left or has taken all reasonable steps to serve such a notice on that partner, or

(b) the court considers it just and equitable to dispense with the requirement of such a notice.

(3) A notice under this subsection shall—

(a) state that proceedings for the possession of the dwelling-house have begun,

(b) specify the ground or grounds on which possession is being sought, and

(c) give particulars of the ground or grounds.]

Textual Amendments

F46 S. 8A inserted (28.2.1997) by 1996 c. 52, s. 150; S.I. 1997/225, art. 2 (with Sch.)

9 Extended discretion of court in possession claims. E+W

(1) Subject to subsection (6) below, the court may adjourn for such period or periods as it thinks fit proceedings for possession of a dwelling-house let on an assured tenancy.

(2) On the making of an order for possession of a dwelling-house let on an assured tenancy or at any time before the execution of such an order, the court, subject to subsection (6) below, may—

(a) stay or suspend execution of the order, or

(b) postpone the date of possession,

for such period or periods as the court thinks just.

(3) On any such adjournment as is referred to in subsection (1) above or on any such stay, suspension or postponement as is referred to in subsection (2) above, the court, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, shall impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent F47 . . . and may impose such other conditions as it thinks fit.

(4) If any such conditions as are referred to in subsection (3) above are complied with, the court may, if it thinks fit, discharge or rescind any such order as is referred to in subsection (2) above.

(5) F48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A) F48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) This section does not apply if the court is satisfied that the landlord is entitled to possession of the dwelling-house—

(a) on any of the grounds in Part I of Schedule 2 to this Act; or

(b) by virtue of subsection (1) or subsection (4) of section 21 below.

Textual Amendments

F47 Words in s. 9(3) omitted (20.5.2009) by virtue of and repealed (prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 8(2), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, {arts. 2, 3}

F48 S. 9(5)(5A) omitted (20.5.2009) by virtue of and repealed (prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 8(4), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, {arts. 2, 3}

[F49 9A Proceedings for possession [F50 on non-absolute grounds]: anti-social behaviour E+W

(1) This section applies if the court is considering under section 7(4) whether it is reasonable to make an order for possession on ground 14 set out in Part 2 of Schedule 2 (conduct of tenant or other person).

(2) The court must consider, in particular—

(a) the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;

(b) any continuing effect the nuisance or annoyance is likely to have on such persons;

(c) the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated.]

Textual Amendments

F49 S. 9A inserted (30.6.2004 for E. and 30.9.2004 for W.) by Anti-Social Behaviour Act 2003 (c. 38), s. 16(2); S.I. 2004/1502, art. 2(a)(v) (with Sch.) and S.I. 2004/2557, art. 2(a)(iii) (with Sch.)

F50 Words in s. 9A heading inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 19 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(xi)

10 Special provisions applicable to shared accommodation. E+W

(1) This section applies in a case falling within subsection (1) of section 3 above and expressions used in this section have the same meaning as in that section.

(2) Without prejudice to the enforcement of any order made under subsection (3) below, while the tenant is in possession of the separate accommodation, no order shall be made for possession of any of the shared accommodation, whether on the application of the immediate landlord of the tenant or on the application of any person under whom that landlord derives title, unless a like order has been made, or is made at the same time, in respect of the separate accommodation; and the provisions of section 6 above shall have effect accordingly.

(3) On the application of the landlord, the court may make such order as it thinks just either—

(a) terminating the right of the tenant to use the whole or any part of the shared accommodation other than living accommodation; or

(b) modifying his right to use the whole or any part of the shared accommodation, whether by varying the persons or increasing the number of persons entitled to the use of that accommodation or otherwise.

(4) No order shall be made under subsection (3) above so as to effect any termination or modification of the rights of the tenant which, apart from section 3(3) above, could not be effected by or under the terms of the tenancy.

[F51 10A Power to order transfer of tenancy in certain cases E+W

(1) This section applies on an application for an order for possession of a dwelling-house let on an assured tenancy if the court is satisfied that—

(a) Ground 7B in Schedule 2 is established,

(b) no other ground in that Schedule is established, or one or more grounds in Part 2 of that Schedule are established but it is not reasonable to make an order for possession on that ground or those grounds,

(c) the tenancy is a joint tenancy, and

(d) one or more of the tenants is a qualifying tenant.

(2) In subsection (1)(d) “qualifying tenant” means a person who (within the meaning of Ground 7B) is not disqualified as a result of the person's immigration status from occupying the dwelling-house under the tenancy.

(3) The court may, instead of making an order for possession, order that the tenant's interest under the tenancy is to be transferred so that it is held—

(a) if there is one qualifying tenant, by the qualifying tenant as sole tenant, or

(b) if there is more than one qualifying tenant, by all of them as joint tenants.

(4) The effect of an order under this section is that, from the time the order takes effect, the qualifying tenant or tenants—

(a) are entitled to performance of the landlord's covenants under the tenancy, and

(b) are liable to perform the tenant's covenants under the tenancy.

(5) The effect of an order under this section is that, from the time it takes effect, any other person who was a tenant under the tenancy before the order took effect—

(a) ceases to be entitled to performance of the landlord's covenants under the tenancy, or

(b) ceases to be liable to perform the tenant's covenants under the tenancy.

(6) Subsection (5) does not remove any right or liability of the person which accrued before the order took effect.

(7) An order under this section does not operate to create a new tenancy as between the landlord and the qualifying tenant or tenants.

(8) In particular, if the tenancy is a fixed term tenancy, the term comes to an end at the same time as if the order had not been made.]

Textual Amendments

F51 S. 10A inserted (1.12.2016) by Immigration Act 2016 (c. 19), ss. 41(5), 94(1) (with s. 41(7)); S.I. 2016/1037, reg. 5(e)

11 Payment of removal expenses in certain cases. E+W

(1) Where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6 or Ground 9 in Schedule 2 to this Act (but not on any other ground), the landlord shall pay to the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the dwelling-house.

(2) Any question as to the amount of the sum referred to in subsection (1) above shall be determined by agreement between the landlord and the tenant or, in default of agreement, by the court.

(3) Any sum payable to a tenant by virtue of this section shall be recoverable as a civil debt due from the landlord.

12 Compensation for misrepresentation or concealment. E+W

Where a landlord obtains an order for possession of a dwelling-house let on an assured tenancy on one or more of the grounds in Schedule 2 to this Act and it is subsequently made to appear to the court that the order was obtained by misrepresentation or concealment of material facts, the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order.

Rent and other terms E+W

13 Increases of rent under assured periodic tenancies. E+W

(1) This section applies to—

(a) a statutory periodic tenancy other than one which, by virtue of paragraph 11 or paragraph 12 in Part I of Schedule 1 to this Act, cannot for the time being be an assured tenancy; and

(b) any other periodic tenancy which is an assured tenancy, other than one in relation to which there is a provision, for the time being binding on the tenant, under which the rent for a particular period of the tenancy will or may be greater than the rent for an earlier period.

(2) For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than—

(a) the minimum period after the date of the service of the notice; and

(b) except in the case of a statutory periodic [F52 tenancy—

(i) in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began;

(ii) in any other case, on the date that falls 52 weeks after the date on which the first period of the tenancy began; and]

(c) if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14 [F53 below—

(i) in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect;

(ii) in any other case, the appropriate date]

(3) The minimum period referred to in subsection (2) above is—

(a) in the case of a yearly tenancy, six months;

(b) in the case of a tenancy where the period is less than a month, one month; and

(c) in any other case, a period equal to the period of the tenancy.

[F54 (3A) The appropriate date referred to in subsection (2)(c)(ii) above is—

(a) in a case to which subsection (3B) below applies, the date that falls 53 weeks after the date on which the increased rent took effect;

(b) in any other case, the date that falls 52 weeks after the date on which the increased rent took effect.

(3B) This subsection applies where—

(a) the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 below on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies)(Rent Increases) Order 2003; and

(b) the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect.]

(4) Where a notice is served under subsection (2) above, a new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice,—

(a) the tenant by an application in the prescribed form refers the notice to [F55 the appropriate tribunal]; or

(b) the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.

(5) Nothing in this section (or in section 14 below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).

Textual Amendments

F52 Words in s. 13(2)(b) substituted (11.2.2003) by The Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 (S.I. 2003/259), art. 2(a)(i)

F53 Words in s. 13(2)(c) substituted (11.2.2003) by The Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 (S.I. 2003/259), art. 2(a)(ii)

F54 S. 13(3A)(3B) inserted (11.2.2003) by The Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 (S.I. 2003/259), art. 2(b)

F55 Words in s. 13(4)(a) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 82 (with Sch. 3)

14 Determination of rent by [F56 tribunal]. E+W

(1) Where, under subsection (4)(a) of section 13 above, a tenant refers to [F57 the appropriate tribunal] a notice under subsection (2) of that section, the [F58 appropriate tribunal] shall determine the rent at which, subject to subsections (2) and (4) below, the [F58 appropriate tribunal] consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy—

(a) which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates;

(b) which begins at the beginning of the new period specified in the notice;

(c) the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; and

(d) in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have been given (or have effect as if given) in relation to the tenancy to which the notice relates.

(2) In making a determination under this section, there shall be disregarded—

(a) any effect on the rent attributable to the granting of a tenancy to a sitting tenant;

(b) any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement—

(i) was carried out otherwise than in pursuance of an obligation to his immediate landlord, or

(ii) was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement; and

(c) any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy.

(3) For the purposes of subsection (2)(b) above, in relation to a notice which is referred by a tenant as mentioned in subsection (1) above, an improvement is a relevant improvement if either it was carried out during the tenancy to which the notice relates or the following conditions are satisfied, namely—

(a) that it was carried out not more than twenty-one years before the date of service of the notice; and

(b) that, at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice, the dwelling-house has been let under an assured tenancy; and

(c) that, on the coming to an end of an assured tenancy at any time during that period, the tenant (or, in the case of joint tenants, at least one of them) did not quit.

F59 [( 3A ) In making a determination under this section in any case where under Part I of the Local Government Finance Act 1992 the landlord or a superior landlord is liable to pay council tax in respect of a hereditament ( “the relevant hereditament”) of which the dwelling-house forms part, the [F60 appropriate tribunal] shall have regard to the amount of council tax which, as at the date on which the notice under section 13(2) above was served, was set by the billing authority—

(a) for the financial year in which that notice was served, and

(b) for the category of dwellings within which the relevant hereditament fell on that date,

but any discount or other reduction affecting the amount of council tax payable shall be disregarded.

(3B) In subsection (3A) above—

(a) “hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992,

(b) “billing authority” has the same meaning as in that Part of that Act, and

(c) “category of dwellings” has the same meaning as in section 30(1) and (2) of that Act.]

(4) In this section “rent” does not include any service charge, within the meaning of section 18 of the M3 Landlord and Tenant Act 1985, but, subject to that, includes any sums payable by the tenant to the landlord on account of the use of furniture [F61 , in respect of council tax] or for any of the matters referred to in subsection (1)(a) of that section, whether or not those sums are separate from the sums payable for the occupation of the dwelling-house concerned or are payable under separate agreements.

(5) Where any rates in respect of the dwelling-house concerned are borne by the landlord or a superior landlord, the [F62 appropriate tribunal] shall make their determination under this section as if the rates were not so borne.

(6) In any case where—

(a) [F63 the appropriate tribunal] have before them at the same time the reference of a notice under section 6(2) above relating to a tenancy (in this subsection referred to as “the section 6 reference”) and the reference of a notice under section 13(2) above relating to the same tenancy (in this subsection referred to as “the section 13 reference”), and

(b) the date specified in the notice under section 6(2) above is not later than the first day of the new period specified in the notice under section 13(2) above, and

(c) the [F64 appropriate tribunal] propose to hear the two references together,

the [F64 appropriate tribunal] shall make a determination in relation to the section 6 reference before making their determination in relation to the section 13 reference and, accordingly, in such a case the reference in subsection(1)(c) above to the terms of the tenancy to which the notice relates shall be construed as a reference to those terms as varied by virtue of the determination made in relation to the section 6 reference.

(7) Where a notice under section 13(2) above has been referred to [F65 the appropriate tribunal], then, unless the landlord and the tenant otherwise agree, the rent determined by [F66 the appropriate tribunal] (subject, in a case where subsection (5) above applies, to the addition of the appropriate amount in respect of rates) shall be the rent under the tenancy with effect from the beginning of the new period specified in the notice or, if it appears to [F67 the appropriate tribunal] that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the rent is determined) as [F66 the appropriate tribunal] may direct.

(8) Nothing in this section requires [F68 the appropriate tribunal] to continue with their determination of a rent for a dwelling-house if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.

[F69 (9) This section shall apply in relation to an assured shorthold tenancy as if in subsection (1) the reference to an assured tenancy were a reference to an assured shorthold tenancy.]

Textual Amendments

F56 Word in s. 14 heading substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 83(a) (with Sch. 3)

F57 Words in s. 14(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 83(b)(i) (with Sch. 3)

F58 Words in s. 14(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 83(b)(ii) (with Sch. 3)

F59 S. 14(3A)(3B) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 17(2)

F60 Words in s. 14(3A) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 83(c) (with Sch. 3)

F61 Words in s. 14(4) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 17(3)

F62 Words in s. 14(5) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 83(d) (with Sch. 3)

F63 Words in s. 14(6) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 83(e)(i) (with Sch. 3)

F64 Words in s. 14(6) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 83(e)(ii) (with Sch. 3)

F65 Words in s. 14(7) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 83(f)(i) (with Sch. 3)

F66 Words in s. 14(7) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 83(f)(ii) (with Sch. 3)

F67 Words in s. 14(7) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 83(f)(iii) (with Sch. 3)

F68 Words in s. 14(8) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 83(g) (with Sch. 3)

F69 S. 14(9) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(2); S.I. 1997/225, art. 2 (with Sch.)

Modifications etc. (not altering text)

C12 S. 14(2)(4)(5) applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 6(4)(5), 7, 11(6), 12(2)(3), 21, 22

Marginal Citations

M3 1985 c. 70.

[F70 14A Interim increase before 1st April 1994 of rent under assured periodic tenancies in certain cases where landlord liable for council tax E+W

(1) In any case where—

(a) under Part I of the Local Government Finance Act 1992 the landlord of a dwelling-house let under an assured tenancy to which section 13 above applies or a superior landlord is liable to pay council tax in respect of a dwelling (within the meaning of that Part of that Act) which includes that dwelling-house,

(b) under the terms of the tenancy (or an agreement collateral to the tenancy) the tenant is liable to make payments to the landlord in respect of council tax,

(c) the case falls within subsection (2) or subsection (3) below, and

(d) no previous notice under this subsection has been served in relation to the dwelling-house,

the landlord may serve on the tenant a notice in the prescribed form proposing an increased rent to take account of the tenant’s liability to make payments to the landlord in respect of council tax, such increased rent to take effect at the beginning of a new period of the tenancy specified in the notice being a period beginning not earlier than one month after the date on which the notice was served.

(2) The case falls within this subsection if—

(a) the rent under the tenancy has previously been increased by virtue of a notice under section 13(2) above or a determination under section 14 above, and

(b) the first anniversary of the date on which the increased rent took effect has not yet occurred.

(3) The case falls within this subsection if a notice has been served under section 13(2) above before 1st April 1993 but no increased rent has taken effect before that date.

(4) No notice may be served under subsection (1) above after 31st March 1994.

(5) Where a notice is served under subsection (1) above, the new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice—

(a) the tenant by an application in the prescribed form refers the notice to [F71 the appropriate tribunal], or

(b) the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.

(6) Nothing in this section (or in section 14B below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).]

Textual Amendments

F70 Ss. 14A, 14B inserted (1.4.1993) by S.I. 1993/651, art. 2(2), Sch. 2 para. 8

F71 Words in s. 14A(5)(a) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 84 (with Sch. 3)

F73 14B Interim determination of rent by [F72 the appropriate tribunal] E+W

(1) Where, under subsection (5)(a) of section 14A above, a tenant refers to [F74 the appropriate tribunal] a notice under subsection (1) of that section, the [F75 appropriate tribunal] shall determine the amount by which, having regard to the provisions of section 14(3A) above, the existing rent might reasonably be increased to take account of the tenant’s liability to make payments to the landlord in respect of council tax.

(2) Where a notice under section 14A(1) above has been referred to [F76 the appropriate tribunal], then, unless the landlord and the tenant otherwise agree, the existing rent shall be increased by the amount determined by the [F77 appropriate tribunal] with effect from the beginning of the new period specified in the notice or, if it appears to the [F77 appropriate tribunal] that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the increase is determined) as the [F77 appropriate tribunal] may direct.

(3) In any case where—

(a) [F78 the appropriate tribunal] have before them at the same time the reference of a notice under section 13(2) above relating to a tenancy (in this subsection referred to as “the section 13 reference”) and the reference of a notice under section 14A(1) above relating to the same tenancy (in this subsection referred to as “the section 14A reference”); and

(b) the [F79 appropriate tribunal] propose to hear the two references together,

the [F79 appropriate tribunal] shall make a determination in relation to the section 13 reference before making their determination in relation to the section 14A reference, and if in such a case the date specified in the notice under section 13(2) above is later than the date specified in the notice under section 14A(1) above, the rent determined under the section 14A reference shall not take effect until the date specified in the notice under section 13(2).

(4) In this section “rent” has the same meaning as in section 14 above; and section 14(4) above applies to a determination under this section as it applies to a determination under that section.

Textual Amendments

F72 Words in s. 14B heading substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 85(a) (with Sch. 3)

F73 Ss. 14A, 14B inserted (1.4.1993) by S.I. 1993/651, art. 2(2), Sch. 2 para. 8

F74 Words in s. 14B(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 85(b)(i) (with Sch. 3)

F75 Words in s. 14B(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 85(b)(ii) (with Sch. 3)

F76 Words in s. 14B(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 85(c)(i) (with Sch. 3)

F77 Words in s. 14B(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 85(c)(ii) (with Sch. 3)

F78 Words in s. 14B(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 85(d)(i) (with Sch. 3)

F79 Words in s. 14B(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 85(d)(ii) (with Sch. 3)

15 Limited prohibition on assignment etc. without consent. E+W

(1) Subject to subsection (3) below, it shall be an implied term of every assured tenancy which is a periodic tenancy that, except with the consent of the landlord, the tenant shall not—

(a) assign the tenancy (in whole or in part); or

(b) sub-let or part with possession of the whole or any part of the dwelling-house let on the tenancy.

(2) Section 19 of the M4 Landlord and Tenant Act 1927 (consents to assign not to be unreasonably withheld etc.) shall not apply to a term which is implied into an assured tenancy by subsection (1) above.

(3) In the case of a periodic tenancy which is not a statutory periodic tenancy [F80 or an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989] subsection (1) above does not apply if—

(a) there is a provision (whether contained in the tenancy or not) under which the tenant is prohibited (whether absolutely or conditionally) from assigning or sub-letting or parting with possession or is permitted (whether absolutely or conditionally) to assign, sub-let or part with possession; or

(b) a premium is required to be paid on the grant or renewal of the tenancy.

(4) In subsection (3)(b) above “premium” includes—

(a) any fine or other like sum;

(b) any other pecuniary consideration in addition to rent; and

(c) any sum paid by way of deposit, other than one which does not exceed one-sixth of the annual rent payable under the tenancy immediately after the grant or renewal in question.

Textual Amendments

F80 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 102

Marginal Citations

M4 1927 c. 36.

[F81 15A Loss of assured tenancy status E+W

(1) Subsection (2) applies if, in breach of an express or implied term of the tenancy, a tenant of a dwelling-house let under an assured tenancy to which this section applies—

(a) parts with possession of the dwelling-house, or

(b) sub-lets the whole of the dwelling-house (or sub-lets first part of it and then the remainder).

(2) The tenancy ceases to be an assured tenancy and cannot subsequently become an assured tenancy.

(3) This section applies to an assured tenancy—

(a) under which the landlord is a private registered provider of social housing or a registered social landlord, and

(b) which is not a shared ownership lease.

(4) In this section “registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996.

(5) In this section “shared ownership lease” means a lease of a dwelling-house—

(a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

(b) under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.]

Textual Amendments

F81 S. 15A inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), ss. 6, 12; S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

16 Access for repairs. E+W

It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

Miscellaneous E+W

17 Succession to [F82 assured tenancy]. E+W

(1) [F83 Subject to subsection (1D),] In any case where—

(a) the sole tenant under an assured periodic tenancy dies, and

(b) immediately before the death, the tenant’s spouse [F84 or civil partner] was occupying the dwelling-house as his or her only or principal home, and

F85 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, on the death, the tenancy vests by virtue of this section in the spouse [F84 or civil partner] (and, accordingly, does not devolve under the tenant’s will or intestacy).

[F86 (1A) Subject to subsection (1D), in any case where—

(a) there is an assured periodic tenancy of a dwelling-house in England under which—

(i) the landlord is a private registered provider of social housing, and

(ii) the tenant is a sole tenant,

(b) the tenant under the tenancy dies,

(c) immediately before the death, the dwelling-house was not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

(d) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and

(e) there is a person whose succession is in accordance with that term,

then, on the death, the tenancy vests by virtue of this section in that person (and, accordingly, does not devolve under the tenant's will or intestacy).

(1B) Subject to subsection (1D), in any case where—

(a) there is an assured tenancy of a dwelling-house in England for a fixed term of not less than two years under which—

(i) the landlord is a private registered provider of social housing, and

(ii) the tenant is a sole tenant,

(b) the tenant under the tenancy dies, and

(c) immediately before the death, the tenant's spouse or civil partner was occupying the dwelling-house as his or her only or principal home,

then, on the death, the tenancy vests by virtue of this section in the spouse or civil partner (and, accordingly, does not devolve under the tenant's will or intestacy).

(1C) Subject to subsection (1D), in any case where—

(a) there is an assured tenancy of a dwelling-house in England for a fixed term of not less than two years under which—

(i) the landlord is a private registered provider of social housing, and

(ii) the tenant is a sole tenant,

(b) the tenant under the tenancy dies,

(c) immediately before the death, the dwelling-house was not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

(d) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and

(e) there is a person whose succession is in accordance with that term,

then, on the death, the tenancy vests by virtue of this section in that person (and accordingly does not devolve under the tenant's will or intestacy).

(1D) Subsection (1), (1A), (1B) or (1C) does not apply if the tenant was himself a successor as defined in subsection (2) or subsection (3).

(1E) In such a case, on the death, the tenancy vests by virtue of this section in a person (“P”) (and, accordingly, does not devolve under the tenant's will or intestacy) if, and only if—

(a) (in a case within subsection (1)) the tenancy is of a dwelling-house in England under which the landlord is a private registered provider of social housing,

(b) an express term of the tenancy makes provision for a person to succeed a successor to the tenancy, and

(c) P's succession is in accordance with that term.]

(2) For the purposes of this section, a tenant is a successor in relation to a tenancy if—

(a) the tenancy became vested in him either by virtue of this section or under the will or intestacy of a previous tenant; or

(b) at some time before the tenant’s death the tenancy was a joint tenancy held by himself and one or more other persons and, prior to his death, he became the sole tenant by survivorship; or

(c) he became entitled to the tenancy as mentioned in section 39(5) below.

(3) For the purposes of this section, a tenant is also a successor in relation to a tenancy (in this subsection referred to as “the new tenancy”) which was granted to him (alone or jointly with others) if—

(a) at some time before the grant of the new tenancy, he was, by virtue of subsection (2) above, a successor in relation to an earlier tenancy of the same or substantially the same dwelling-house as is let under the new tenancy; and

(b) at all times since he became such a successor he has been a tenant (alone or jointly with others) of the dwelling-house which is let under the new tenancy or of a dwelling-house which is substantially the same as that dwelling-house.

[F87 (4) For the purposes of this section—

(a) a person who was living with the tenant as his or her wife or husband shall be treated as the tenant’s spouse, and

(b) a person who was living with the tenant as if they were civil partners shall be treated as the tenant’s civil partner.]

(5) If, on the death of the tenant, there is, by virtue of subsection (4) above, more than one person who fulfils the condition in subsection (1)(b) [F88 or (1B)(c)] above, such one of them as may be decided by agreement or, in default of agreement, by the county court [F89 shall for the purposes of this section be [F90 treated as the tenant’s spouse, or if that person is the same sex as the tenant, and falls within subsection (4)(b), as the tenant’s civil partner.]] .

[F91 (6) If, on the death of the tenant, there is more than one person in whom the tenancy would otherwise vest by virtue of subsection (1A), (1C) or (1E), the tenancy vests in such one of them as may be agreed between them or, in default of agreement, as is determined by the county court.

(7) This section does not apply to a fixed term assured tenancy that is a lease of a dwelling-house—

(a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

(b) under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.]

Textual Amendments

F82 Words in s. 17 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 161(2), 240(2) (with s. 161(7)); S.I. 2012/628, art. 6(a) (with arts. 9 11 14 15 17)

F83 Words in s. 17(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 161(3)(a), 240(2) (with s. 161(7)); S.I. 2012/628, art. 6(a) (with arts. 9 11 14 15 17)

F84 Words in s. 17(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263, Sch. 8 para. 41(1)(2), S.I. 2005/3175, {art. 2(1)}, Sch. 1

F85 S. 17(1)(c) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 161(3)(b), 240(2), Sch. 25 Pt. 23 (with s. 161(7)); S.I. 2012/628, art. 6(a) (with arts. 9 11 14 15 17)

F86 S. 17(1A)-(1E) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 161(4), 240(2) (with s. 161(7)); S.I. 2012/628, art. 6(a) (with arts. 9 11 14 15 17)

F87 Words in s. 17(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263, Sch. 8 para. 41(1)(3); S.I. 2005/3175, art. 2(1), Sch. 1

F88 Words in s. 17(5) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 161(5), 240(2) (with s. 161(7)); S.I. 2012/628, art. 6(a) (with arts. 9 11 14 15 17)

F89 Words in s. 17(5) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263, Sch. 8 para. 41(1)(4); S.I. 2005/3175, art. 2(1), Sch. 1

F90 Words in s. 17(5) substituted (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 20

F91 S. 17(6)(7) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 161(6), 240(2) (with s. 161(7)); S.I. 2012/628, art. 6(a) (with arts. 9 11 14 15 17)

Modifications etc. (not altering text)

C13 S. 17 extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(4)(6); S.I. 1997/1892, art. 3

18 Provisions as to reversions on assured tenancies. E+W

(1) If at any time—

(a) a dwelling-house is for the time being lawfully let on an assured tenancy, and

(b) the landlord under the assured tenancy is himself a tenant under a superior tenancy; and

(c) the superior tenancy comes to an end,

then, subject to subsection (2) below, the assured tenancy shall continue in existence as a tenancy held of the person whose interest would, apart from the continuance of the assured tenancy, entitle him to actual possession of the dwelling-house at that time.

(2) Subsection (1) above does not apply to an assured tenancy if the interest which, by virtue of that subsection, would become that of the landlord, is such that, by virtue of Schedule 1 to this Act, the tenancy could not be an assured tenancy.

(3) Where, by virtue of any provision of this Part of this Act, an assured tenancy which is a periodic tenancy (including a statutory periodic tenancy) continues beyond the beginning of a reversionary tenancy which was granted (whether before, on or after the commencement of this Act) so as to begin on or after—

(a) the date on which the previous contractual assured tenancy came to an end, or

(b) a date on which, apart from any provision of this Part, the periodic tenancy could have been brought to an end by the landlord by notice to quit,

the reversionary tenancy shall have effect as if it had been granted subject to the periodic tenancy.

(4) The reference in subsection (3) above to the previous contractual assured tenancy applies only where the periodic tenancy referred to in that subsection is a statutory periodic tenancy and is a reference to the fixed-term tenancy which immediately preceded the statutory periodic tenancy.

Modifications etc. (not altering text)

C14 S. 18(1) restricted (1.11.1993) by 1993 c. 28, s. 61, Sch. 14 para. 3(2)(c); S.I. 1993/2134, arts. 2,5

F92 19 Restriction on levy of distress for rent. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F92 S. 19 repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 14 para. 45, Sch. 23 Pt. 4 (with s. 89); S.I. 2014/768, art. 2(1)(b)

chapter II E+W Assured Shorthold Tenancies

[F93 19A Assured shorthold tenancies: post-Housing Act 1996 tenancies. E+W

An assured tenancy which—

(a) is entered into on or after the day on which section 96 of the Housing Act 1996 comes into force (otherwise than pursuant to a contract made before that day), or

(b) comes into being by virtue of section 5 above on the coming to an end of an assured tenancy within paragraph (a) above,

is an assured shorthold tenancy unless it falls within any paragraph in Schedule 2A to this Act.]

Textual Amendments

F93 S. 19A inserted (28.2.1997) by 1996 c. 52, s. 96(1); S.I. 1997/225, art. 2 (with Sch.)

[F94 20 Assured shorthold tenancies: pre-Housing Act 1996 tenancies. E+W

(1) Subject to subsection (3) below, an assured tenancy which is not one to which section 19A above applies is an assured shorthold tenancy if—

(a) it is a fixed term tenancy granted for a term certain of not less than six months,

(b) there is no power for the landlord to determine the tenancy at any time earlier than six months from the beginning of the tenancy; and

(c) a notice in respect of it is served as mentioned in subsection (2) below.]

(2) The notice referred to in subsection (1)(c) above is one which—

(a) is in such form as may be prescribed;

(b) is served before the assured tenancy is entered into;

(c) is served by the person who is to be the landlord under the assured tenancy on the person who is to be the tenant under that tenancy; and

(d) states that the assured tenancy to which it relates is to be a shorthold tenancy.

(3) Notwithstanding anything in subsection (1) above, where—

(a) immediately before a tenancy (in this subsection referred to as “the new tenancy”) is granted, the person to whom it is granted or, as the case may be, at least one of the persons to whom it is granted was a tenant under an assured tenancy which was not a shorthold tenancy, and

(b) the new tenancy is granted by the person who, immediately before the beginning of the tenancy, was the landlord under the assured tenancy referred to in paragraph (a) above,

the new tenancy cannot be an assured shorthold tenancy.

(4) Subject to subsection (5) below, if, on the coming to an end of an assured shorthold tenancy (including a tenancy which was an assured shorthold but ceased to be assured before it came to an end), a new tenancy of the same or substantially the same premises comes into being under which the landlord and the tenant are the same as at the coming to an end of the earlier tenancy, then, if and so long as the new tenancy is an assured tenancy, it shall be an assured shorthold tenancy, whether or not it fulfils the conditions in paragraphs (a) to (c) of subsection (1) above.

(5) Subsection (4) above does not apply if, before the new tenancy is entered into (or, in the case of a statutory periodic tenancy, takes effect in possession), the landlord serves notice on the tenant that the new tenancy is not to be a shorthold tenancy.

[F95 (5A) Subsections (3) and (4) above do not apply where the new tenancy is one to which section 19A above applies]

(6) In the case of joint landlords—

(a) the reference in subsection (2)(c) above to the person who is to be the landlord is a reference to at least one of the persons who are to be joint landlords; and

(b) the reference in subsection (5) above to the landlord is a reference to at least one of the joint landlords.

F96 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F94 S. 20(1) and side-note substituted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(3); S.I. 1997/225, art. 2 (with Sch.)

F95 S. 20(5A) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(4); S.I. 1997/225, art. 2 (with Sch.)

F96 S. 20(7) repealed (28.2.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. IV; S.I. 1997/225, art. 2 (with Sch.)

[F97 20A Post-Housing Act 1996 tenancies: duty of landlord to provide statement as to terms of tenancy. E+W

(1) Subject to subsection (3) below, a tenant under an assured shorthold tenancy to which section 19A above applies may, by notice in writing, require the landlord under that tenancy to provide him with a written statement of any term of the tenancy which—

(a) falls within subsection (2) below, and

(b) is not evidenced in writing.

(2) The following terms of a tenancy fall within this subsection, namely—

(a) the date on which the tenancy began or, if it is a statutory periodic tenancy or a tenancy to which section 39(7) below applies, the date on which the tenancy came into being,

(b) the rent payable under the tenancy and the dates on which that rent is payable,

(c) any term providing for a review of the rent payable under the tenancy, and

(d) in the case of a fixed term tenancy, the length of the fixed term.

(3) No notice may be given under subsection (1) above in relation to a term of the tenancy if—

(a) the landlord under the tenancy has provided a statement of that term in response to an earlier notice under that subsection given by the tenant under the tenancy, and

(b) the term has not been varied since the provision of the statement referred to in paragraph (a) above.

(4) A landlord who fails, without reasonable excuse, to comply with a notice under subsection (1) above within the period of 28 days beginning with the date on which he received the notice is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5) A statement provided for the purposes of subsection (1) above shall not be regarded as conclusive evidence of what was agreed by the parties to the tenancy in question.

(6) Where—

(a) a term of a statutory periodic tenancy is one which has effect by virtue of section 5(3)(e) above, or

(b) a term of a tenancy to which subsection (7) of section 39 below applies is one which has effect by virtue of subsection (6)(e) of that section,

subsection (1) above shall have effect in relation to it as if paragraph (b) related to the term of the tenancy from which it derives.

(7) In subsections (1) and (3) above—

(a) references to the tenant under the tenancy shall, in the case of joint tenants, be taken to be references to any of the tenants, and

(b) references to the landlord under the tenancy shall, in the case of joint landlords, be taken to be references to any of the landlords.]

Textual Amendments

F97 S. 20A inserted (28.2.1997) by 1996 c. 52, s. 97; S.I. 1997/225, art. 2 (with Sch.)

[F98 20B Demoted assured shorthold tenancies E+W

(1) An assured tenancy is an assured shorthold tenancy to which this section applies (a demoted assured shorthold tenancy) if—

(a) the tenancy is created by virtue of an order of the court under section 82A of the Housing Act 1985 or section 6A of this Act (a demotion order), and

(b) the landlord is [F99 a private registered provider of social housing or] a registered social landlord.

(2) At the end of the period of one year starting with the day when the demotion order takes effect a demoted assured shorthold tenancy ceases to be an assured shorthold tenancy unless subsection (3) applies[F100 , but see section 20C].

(3) This subsection applies if before the end of the period mentioned in subsection (2) the landlord gives notice of proceedings for possession of the dwelling house.

(4) If subsection (3) applies the tenancy continues to be a demoted assured shorthold tenancy until the end of the period mentioned in subsection (2) or (if later) until one of the following occurs—

(a) the notice of proceedings for possession is withdrawn;

(b) the proceedings are determined in favour of the tenant;

(c) the period of six months beginning with the date on which the notice is given ends and no proceedings for possession have been brought.

(5) Registered social landlord has the same meaning as in Part 1 of the Housing Act 1996.]

Textual Amendments

F98 S. 20B inserted (30.6.2004 for E. and 30.4.2005 for W.) by Anti-Social Behaviour Act 2003 (c. 38), ss. 15, 93; S.I. 2004/1502, art. 2(a)(iv) (with savings in Sch.); S.I. 2005/1225, art. 2(c)

F99 Words in s. 20B(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. 65 (with art. 6, Sch. 3)

F100 Words in s. 20B(2) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 163(1), 240(2); S.I. 2012/628, art. 6(c) (with arts. 9 11 14 15 17)

[F101 20C Assured shorthold tenancies following demoted tenancies E+W

(1) Subsection (2) applies if—

(a) section 20B applies to an assured shorthold tenancy of a dwelling-house in England (“the demoted tenancy”),

(b) the landlord is a private registered provider of social housing,

(c) the demoted tenancy was created by an order under section 6A made after the coming into force of section 163(2) of the Localism Act 2011,

(d) the assured tenancy that was terminated by that order was an assured shorthold tenancy that, whether or not it was a fixed term tenancy when terminated by the order, was granted for a term certain of not less than two years,

(e) apart from subsection (2), the demoted tenancy would cease to be an assured shorthold tenancy by virtue of section 20B(2) or (4), and

(f) the landlord has served a notice within subsection (3) on the tenant before the demoted tenancy ceases to be an assured shorthold tenancy by virtue of section 20B(2) or (4).

(2) The demoted tenancy does not cease to be an assured shorthold tenancy by virtue of section 20B(2) or (4), and at the time when it would otherwise cease to be an assured shorthold tenancy by virtue of section 20B(2) to (4)—

(a) it becomes an assured shorthold tenancy which is a fixed term tenancy for a term certain, and

(b) section 20B ceases to apply to it.

(3) The notice must—

(a) state that, on ceasing to be a demoted assured shorthold tenancy, the tenancy will become an assured shorthold tenancy which is a fixed term tenancy for a term certain of the length specified in the notice,

(b) specify a period of at least two years as the length of the term of the tenancy, and

(c) set out the other express terms of the tenancy.

(4) Where an assured shorthold tenancy becomes a fixed term tenancy by virtue of subsection (2)—

(a) the length of its term is that specified in the notice under subsection (3), and

(b) its other express terms are those set out in the notice.]

Textual Amendments

F101 S. 20C inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 163(2), 240(2); S.I. 2012/628, art. 6(c) (with arts. 9 11 14 15 17)

[F102 20D Assured shorthold tenancies following family intervention tenancies E+W

(1) An assured tenancy that arises by virtue of a notice under paragraph 12ZA(2) of Schedule 1 in respect of a family intervention tenancy is an assured shorthold tenancy if—

(a) the landlord under the assured tenancy is a private registered provider of social housing,

(b) the dwelling-house is in England,

(c) the family intervention tenancy was granted to a person on the coming to an end of an assured shorthold tenancy under which the person was a tenant, and

(d) the notice states that the family intervention tenancy is to be regarded as an assured shorthold tenancy.

(2) This section does not apply if the family intervention tenancy was granted before the coming into force of section 163(3) of the Localism Act 2011.]

Textual Amendments

F102 S. 20D inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 163(3), 240(2); S.I. 2012/628, art. 6(c) (with arts. 9 11 14 15 17)

21 Recovery of possession on expiry or termination of assured shorthold tenancy. E+W

(1) Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied—

(a) that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than [F103 an assured shorthold periodic tenancy (whether statutory or not)]; and

(b) the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice [F104 in writing] stating that he requires possession of the dwelling-house.

[F105 (1A) Subsection (1B) applies to an assured shorthold tenancy of a dwelling-house in England if—

(a) it is a fixed term tenancy for a term certain of not less than two years, and

(b) the landlord is a private registered provider of social housing.

(1B) The court may not make an order for possession of the dwelling-house let on the tenancy unless the landlord has given to the tenant not less than six months' notice in writing—

(a) stating that the landlord does not propose to grant another tenancy on the expiry of the fixed term tenancy, and

(b) informing the tenant of how to obtain help or advice about the notice and, in particular, of any obligation of the landlord to provide help or advice.]

(2) A notice under paragraph (b) of subsection (1) above may be given before or on the day on which the tenancy comes to an end; and that subsection shall have effect notwithstanding that on the coming to an end of the fixed term tenancy a statutory periodic tenancy arises.

(3) Where a court makes an order for possession of a dwelling-house by virtue of subsection (1) above, any statutory periodic tenancy which has arisen on the coming to an end of the assured shorthold tenancy shall end (without further notice and regardless of the period) [F106 in accordance with section 5(1A)].

(4) Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied—

(a) that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice [F107 in writing] stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and

(b) that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above.

[F108 (4ZA) In the case of a dwelling-house in England, subsection (4)(a) above has effect with the omission of the requirement for the date specified in the notice to be the last day of a period of the tenancy.]

[F109 (4A) Where a court makes an order for possession of a dwelling-house by virtue of subsection (4) above, the assured shorthold tenancy shall end in accordance with section 5(1A).]

[F110 (4B) A notice under subsection (1) or (4) may not be given in relation to an assured shorthold tenancy of a dwelling-house in England—

(a) in the case of a tenancy which is not a replacement tenancy, within the period of four months beginning with the day on which the tenancy began, and

(b) in the case of a replacement tenancy, within the period of four months beginning with the day on which the original tenancy began.

(4C) Subsection (4B) does not apply where the tenancy has arisen due to section 5(2).

(4D) Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun after the end of the period of six months beginning with the date on which the notice was given under subsection (1) or (4).

(4E) Where—

(a) a notice under subsection (4) has been given in relation to a dwelling-house in England, and

(b) paragraph (b) of that subsection requires the date specified in the notice to be more than two months after the date the notice was given,

proceedings for an order for possession under this section may not be begun after the end of the period of four months beginning with the date specified in the notice.]

[F111 (5) Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than—

(a) in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and

(b) in the case of a replacement tenancy, six months after the beginning of the original tenancy.

[F112 (5A) Subsection (5) above does not apply to an assured shorthold tenancy to which section 20B (demoted assured shorthold tenancies) applies.]

(6) In [F113 subsections (4B)(b) and] (5)(b) above, the reference to the original tenancy is—

(a) where the replacement tenancy came into being on the coming to an end of a tenancy which was not a replacement tenancy, to the immediately preceding tenancy, and

(b) where there have been successive replacement tenancies, to the tenancy immediately preceding the first in the succession of replacement tenancies.

(7) For the purposes of this section, a replacement tenancy is a tenancy—

(a) which comes into being on the coming to an end of an assured shorthold tenancy, and

(b) under which, on its coming into being—

(i) the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and

(ii) the premises let are the same or substantially the same as those let under the earlier tenancy as at that time.]

[F114 (8) The Secretary of State may by regulations made by statutory instrument prescribe the form of a notice under subsection (1) or (4) given in relation to an assured shorthold tenancy of a dwelling-house in England.

(9) A statutory instrument containing regulations made under subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F103 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 103

F104 Words in s. 21(1)(b) inserted (28.2.1997) by 1996 c. 52, s. 98(2); S.I. 1997/225, art. 2 (subject to saving in Sch. para. 2)

F105 S. 21(1A)(1B) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 164(1), 240(2) (with s. 164(2)); S.I. 2012/628, art. 6(c) (with arts. 9 11 14 15 17)

F106 Words in s. 21(3) substituted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 325, Sch. 11 para. 9(2) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F107 Words in s. 21(4)(a) inserted (28.2.1997) by 1996 c. 52, s. 98(3); S.I. 1997/225, art. 2 (subject to saving Sch. para. 2)

F108 S. 21(4ZA) inserted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 35, 115(7) (with s. 41); S.I. 2015/994, art. 11(i)

F109 S. 21(4A) inserted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 325, Sch. 11 para. 9(3) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F110 S. 21(4B)-(4E) inserted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 36(2), 115(7) (with s. 41); S.I. 2015/994, art. 11(j)

F111 S. 21(5)-(7) inserted (28.2.1997) by 1996 c. 52, s. 99; S.I. 1997/225, art. 2 (with Sch.)

F112 S. 21(5A) inserted (30.6.2004 for E. and 30.4.2005 for W.) by Anti-Social Behaviour Act 2003 (c. 38), ss. 15(2), 93; S.I. 2004/1502, art. 2(a)(iv) (with savings in Sch.); S.I. 2005/1225, art. 2(c)

F113 Words in s. 21(6) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 36(3), 115(7) (with s. 41); S.I. 2015/994, art. 11(j)

F114 S. 21(8)(9) inserted (1.7.2015) by Deregulation Act 2015 (c. 20), ss. 37, 115(7) (with s. 41); S.I. 2015/994, art. 10(a)

[F115 21A Compliance with prescribed legal requirements E+W

(1) A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a prescribed requirement.

(2) The requirements that may be prescribed are requirements imposed on landlords by any enactment and which relate to—

(a) the condition of dwelling-houses or their common parts,

(b) the health and safety of occupiers of dwelling-houses, or

(c) the energy performance of dwelling-houses.

(3) In subsection (2) “ enactment ” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.

(4) For the purposes of subsection (2)(a) “ common parts ” has the same meaning as in Ground 13 in Part 2 of Schedule 2.

(5) A statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F115 S. 21A inserted (1.7.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), ss. 38, 115(7) (with s. 41); S.I. 2015/994, arts. 10(b), 11(k)

[F116 21B Requirement for landlord to provide prescribed information E+W

(1) The Secretary of State may by regulations require information about the rights and responsibilities of a landlord and a tenant under an assured shorthold tenancy of a dwelling-house in England (or any related matters) to be given by a landlord under such a tenancy, or a person acting on behalf of such a landlord, to the tenant under such a tenancy.

(2) Regulations under subsection (1) may—

(a) require the information to be given in the form of a document produced by the Secretary of State or another person,

(b) provide that the document to be given is the version that has effect at the time the requirement applies, and

(c) specify cases where the requirement does not apply.

(3) A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a requirement imposed by regulations under subsection (1).

(4) A statutory instrument containing regulations made under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F116 S. 21B inserted (1.7.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), ss. 39, 115(7) (with s. 41); S.I. 2015/994, arts. 10(c), 11(l)

[F117 21C Repayment of rent where tenancy ends before end of a period E+W

(1) A tenant under an assured shorthold tenancy of a dwelling-house in England is entitled to a repayment of rent from the landlord where—

(a) as a result of the service of a notice under section 21 the tenancy is brought to an end before the end of a period of the tenancy,

(b) the tenant has paid rent in advance for that period, and

(c) the tenant was not in occupation of the dwelling-house for one or more whole days of that period.

(2) The amount of repayment to which a tenant is entitled under subsection (1) is to be calculated in accordance with the following formula—

where—

R is the rent paid for the final period;

D is the number of whole days of the final period for which the tenant was not in occupation of the dwelling-house; and

P is the number of whole days in that period.

(3) If the repayment of rent described in subsections (1) and (2) has not been made when the court makes an order for possession under section 21, the court must order the landlord to repay the amount of rent to which the tenant is entitled.

(4) Nothing in this section affects any other right of the tenant to a repayment of rent from the landlord.]

Textual Amendments

F117 S. 21C inserted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 40, 115(7) (with s. 41); S.I. 2015/994, art. 11(m)

22 Reference of excessive rents to [F118 appropriate tribunal]. E+W

(1) Subject to section 23 and subsection (2) below, the tenant under an assured shorthold tenancy F119 . . . may make an application in the prescribed form to [F120 the appropriate tribunal] for a determination of the rent which, in [F121 the appropriate tribunal’s] opinion, the landlord might reasonably be expected to obtain under the assured shorthold tenancy.

(2) No application may be made under this section if—

(a) the rent payable under the tenancy is a rent previously determined under this section; F122 . . .

[F123 (aa) the tenancy is one to which section 19A above applies and more than six months have elapsed since the beginning of the tenancy or, in the case of a replacement tenancy, since the beginning of the original tenancy; or]

(b) the tenancy is an assured shorthold tenancy falling within subsection (4) of section 20 above (and, accordingly, is one in respect of which notice need not have been served as mentioned in subsection (2) of that section).

(3) Where an application is made to [F124 the appropriate tribunal] under subsection (1) above with respect to the rent under an assured shorthold tenancy, [F125 the appropriate tribunal] shall not make such a determination as is referred to in that subsection unless they consider—

(a) that there is a sufficient number of similar dwelling-houses in the locality let on assured tenancies (whether shorthold or not); and

(b) that the rent payable under the assured shorthold tenancy in question is significantly higher than the rent which the landlord might reasonably be expected to be able to obtain under the tenancy, having regard to the level of rents payable under the tenancies referred to in paragraph (a) above.

(4) Where, on an application under this section, [F126 the appropriate tribunal] make a determination of a rent for an assured shorthold tenancy—

(a) the determination shall have effect from such date as [F127 the appropriate tribunal] may direct, not being earlier than the date of the application;

(b) if, at any time on or after the determination takes effect, the rent which, apart from this paragraph, would be payable under the tenancy exceeds the rent so determined, the excess shall be irrecoverable from the tenant; and

(c) no notice may be served under section 13(2) above with respect to a tenancy of the dwelling-house in question until after the first anniversary of the date on which the determination takes effect.

(5) Subsections (4), (5) and (8) of section 14 above apply in relation to a determination of rent under this section as they apply in relation to a determination under that section and, accordingly, where subsection (5) of that section applies, any reference in subsection (4)(b) above to rent is a reference to rent exclusive of the amount attributable to rates.

[F128 (5A) Where—

(a) an assured tenancy ceases to be an assured shorthold tenancy by virtue of falling within paragraph 2 of Schedule 2A to this Act, and

(b) at the time when it so ceases to be an assured shorthold tenancy there is pending before [F129 the appropriate tribunal] an application in relation to it under this section,

the fact that it so ceases to be an assured shorthold tenancy shall, in relation to that application, be disregarded for the purposes of this section.]

[F130 (6) In subsection (2)(aa) above, the references to the original tenancy and to a replacement tenancy shall be construed in accordance with subsections (6) and (7) respectively of section 21 above.]

Textual Amendments

F118 Words in s. 22 substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 86(a) (with Sch. 3)

F119 Words in s. 22(1) repealed (28.2.1997) by 1996 c. 52, ss. 104, 227, Sch. 8 para. 2(5), Sch. 19 Pt. IV; S.I. 1997/225, art. 2 (with Sch.)

F120 Words in s. 22(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 86(b)(i) (with Sch. 3)

F121 Words in s. 22(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 86(b)(ii) (with Sch. 3)

F122 Word in s. 22(2)(a) repealed (28.2.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. IV; S.I. 1997/225, art. 2

F123 S. 22(2)(aa) inserted (28.2.1997) by 1996 c. 52, s. 100(2); S.I. 1997/225, art. 2 (with Sch.)

F124 Words in s. 22(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 86(c)(i) (with Sch. 3)

F125 Words in s. 22(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 86(c)(ii) (with Sch. 3)

F126 Words in s. 22(4) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 86(d)(i) (with Sch. 3)

F127 Words in s. 22(4) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 86(d)(ii) (with Sch. 3)

F128 S. 22(5A) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(6); S.I. 1997/225, art. 2 (with Sch.)

F129 Words in s. 22(5A)(b) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 86(e) (with Sch. 3)

F130 S. 22(6) inserted (28.2.1997) by 1996 c. 52, s. 100(3); S.I. 1997/225, art. 2 (with Sch.)

23 Termination of [F131 tribunal’s] functions. E+W

(1) If the Secretary of State by order made by statutory instrument so provides, section 22 above shall not apply in such cases or to tenancies of dwelling-houses in such areas or in such other circumstances as may be specified in the order.

(2) An order under this section may contain such transitional, incidental and supplementary provisions as appear to the Secretary of State to be desirable.

(3) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

Textual Amendments

F131 Words in s. 23 substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 87 (with Sch. 3)

chapter III E+W Assured Agricultural Occupancies

Modifications etc. (not altering text)

C15 Pt. I Chapter III modified (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(5)(6)(with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (with art. 4)

24 Assured agricultural occupancies. E+W

(1) A tenancy or licence of a dwelling-house is for the purposes of this Part of this Act an “assured agricultural occupancy” if—

(a) it is of a description specified in subsection (2) below; and

(b) by virtue of any provision of Schedule 3 to this Act the agricultural worker condition is for the time being fulfilled with respect to the dwelling-house subject to the tenancy or licence.

(2) The following are the tenancies and licences referred to in subsection (1)(a) above—

(a) an assured tenancy which is not an assured shorthold tenancy;

(b) a tenancy which does not fall within paragraph (a) above by reason only of paragraph 3 [F132 , 3A, 3B] or paragraph 7 of Schedule 1 to this Act ([F133 or more than one of those paragraphs]) [F134 and is not an excepted tenancy]; and

(c) a licence under which a person has the exclusive occupation of a dwelling-house as a separate dwelling and which, if it conferred a sufficient interest in land to be a tenancy, would be a tenancy falling within paragraph (a) or paragraph (b) above.

[F135 (2A) For the purposes of subsection (2)(b) above, a tenancy is an excepted tenancy if it is—

(a) a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 in relation to which that Act applies, or

(b) a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995]

(3) For the purposes of Chapter I above and the following provisions of this Chapter, every assured agricultural occupancy which is not an assured tenancy shall be treated as if it were such a tenancy and any reference to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly; but the provisions of Chapter I above shall have effect in relation to every assured agricultural occupancy subject to the provisions of this Chapter.

(4) Section 14 above shall apply in relation to an assured agricultural occupancy as if in subsection (1) of that section the reference to an assured tenancy were a reference to an assured agricultural occupancy.

Textual Amendments

F132 Words inserted by S.I. 1990/434, reg. 2, Sch. para. 28

F133 Words substituted by S.I. 1990/434, reg. 2, Sch. para. 28

F134 Words in s. 24(2)(b) inserted (28.2.1997) by 1996 c. 52, s. 103(2); S.I. 1997/225, art. 2 (with Sch.)

F135 S. 24(2A) inserted (28.2.1997) by 1996 c. 52, s. 103(3); S.I. 1997/225, art. 2 (with Sch.)

25 Security of tenure. E+W

(1) If a statutory periodic tenancy arises on the coming to an end of an assured agricultural occupancy—

(a) it shall be an assured agricultural occupancy as long as, by virtue of any provision of Schedule 3 to this Act, the agricultural worker condition is for the time being fulfilled with respect to the dwelling-house in question; and

(b) if no rent was payable under the assured agricultural occupancy which constitutes the fixed term tenancy referred to in subsection (2) of section 5 above, subsection (3)(d) of that section shall apply as if for the words “the same as those for which rent was last payable under” there were substituted “monthly beginning on the day following the coming to an end of”.

(2) In its application to an assured agricultural occupancy, Part II of Schedule 2 to this Act shall have effect with the omission of Ground 16.

(3) In its application to an assured agricultural occupancy, Part III of Schedule 2 to this Act shall have effect as if any reference in paragraph 2 to an assured tenancy included a reference to an assured agricultural occupancy.

(4) If the tenant under an assured agricultural occupancy gives notice to terminate his employment then, notwithstanding anything in any agreement or otherwise, that notice shall not constitute a notice to quit as respects the assured agricultural occupancy.

(5) Nothing in subsection (4) above affects the operation of an actual notice to quit given in respect of an assured agricultural occupancy.

26 Rehousing of agricultural workers etc. E+W

In section 27 of the M5 Rent (Agriculture) Act 1976 (rehousing: applications to housing authority)—

(a) in subsection (1)(a) after “statutory tenancy” there shall be inserted “ “or an assured agricultural occupancy ”; and

(b) at the end of subsection (3) there shall be added “ “and assured agricultural occupancy has the same meaning as in Chapter III of Part I of the Housing Act 1988 ”.

Marginal Citations

M5 1976 c. 80.

chapter IV E+W Protection from Eviction

27 Damages for unlawful eviction. E+W

(1) This section applies if, at any time after 9th June 1988, a landlord (in this section referred to as “the landlord in default”) or any person acting on behalf of the landlord in default unlawfully deprives the residential occupier of any premises of his occupation of the whole or part of the premises.

(2) This section also applies if, at any time after 9th June 1988, a landlord (in this section referred to as “the landlord in default”) or any person acting on behalf of the landlord in default—

(a) attempts unlawfully to deprive the residential occupier of any premises of his occupation of the whole or part of the premises, or

(b) knowing or having reasonable cause to believe that the conduct is likely to cause the residential occupier of any premises—

(i) to give up his occupation of the premises or any part thereof, or

(ii) to refrain from exercising any right or pursuing any remedy in respect of the premises or any part thereof,

does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence,

and, as a result, the residential occupier gives up his occupation of the premises as a residence.

(3) Subject to the following provisions of this section, where this section applies, the landlord in default shall, by virtue of this section, be liable to pay to the former residential occupier, in respect of his loss of the right to occupy the premises in question as his residence, damages assessed on the basis set out in section 28 below.

(4) Any liability arising by virtue of subsection (3) above—

(a) shall be in the nature of a liability in tort; and

(b) subject to subsection (5) below, shall be in addition to any liability arising apart from this section (whether in tort, contract or otherwise).

(5) Nothing in this section affects the right of a residential occupier to enforce any liability which arises apart from this section in respect of his loss of the right to occupy premises as his residence; but damages shall not be awarded both in respect of such a liability and in respect of a liability arising by virtue of this section on account of the same loss.

(6) No liability shall arise by virtue of subsection (3) above if—

(a) before the date on which proceedings to enforce the liability are finally disposed of, the former residential occupier is reinstated in the premises in question in such circumstances that he becomes again the residential occupier of them; or

(b) at the request of the former residential occupier, a court makes an order (whether in the nature of an injunction or otherwise) as a result of which he is reinstated as mentioned in paragraph (a) above;

and, for the purposes of paragraph (a) above, proceedings to enforce a liability are finally disposed of on the earliest date by which the proceedings (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if any appeal is abandoned, the proceedings shall be taken to be disposed of on the date of the abandonment.

(7) If, in proceedings to enforce a liability arising by virtue of subsection (3) above, it appears to the court—

(a) that, prior to the event which gave rise to the liability, the conduct of the former residential occupier or any person living with him in the premises concerned was such that it is reasonable to mitigate the damages for which the landlord in default would otherwise be liable, or

(b) that, before the proceedings were begun, the landlord in default offered to reinstate the former residential occupier in the premises in question and either it was unreasonable of the former residential occupier to refuse that offer or, if he had obtained alternative accommodation before the offer was made, it would have been unreasonable of him to refuse that offer if he had not obtained that accommodation,

the court may reduce the amount of damages which would otherwise be payable to such amount as it thinks appropriate.

(8) In proceedings to enforce a liability arising by virtue of subsection (3) above, it shall be a defence for the defendant to prove that he believed, and had reasonable cause to believe—

(a) that the residential occupier had ceased to reside in the premises in question at the time when he was deprived of occupation as mentioned in subsection (1) above or, as the case may be, when the attempt was made or the acts were done as a result of which he gave up his occupation of those premises; or

(b) that, where the liability would otherwise arise by virtue only of the doing of acts or the withdrawal or withholding of services, he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.

(9) In this section—

(a) “residential occupier”, in relation to any premises, has the same meaning as in section 1 of the 1977 Act;

(b) “the right to occupy”, in relation to a residential occupier, includes any restriction on the right of another person to recover possession of the premises in question;

(c) “landlord”, in relation to a residential occupier, means the person who, but for the occupier’s right to occupy, would be entitled to occupation of the premises and any superior landlord under whom that person derives title;

(d) “former residential occupier”, in relation to any premises, means the person who was the residential occupier until he was deprived of or gave up his occupation as mentioned in subsection (1) or subsection (2) above (and, in relation to a former residential occupier, “the right to occupy” and “landlord” shall be construed accordingly).

28 The measure of damages. E+W

(1) The basis for the assessment of damages referred to in section 27(3) above is the difference in value, determined as at the time immediately before the residential occupier ceased to occupy the premises in question as his residence, between—

(a) the value of the interest of the landlord in default determined on the assumption that the residential occupier continues to have the same right to occupy the premises as before that time; and

(b) the value of that interest determined on the assumption that the residential occupier has ceased to have that right.

(2) In relation to any premises, any reference in this section to the interest of the landlord in default is a reference to his interest in the building in which the premises in question are comprised (whether or not that building contains any other premises) together with its curtilage.

(3) For the purposes of the valuations referred to in subsection (1) above, it shall be assumed—

(a) that the landlord in default is selling his interest on the open market to a willing buyer;

(b) that neither the residential occupier nor any member of his family wishes to buy; and

(c) that it is unlawful to carry out any substantial development of any of the land in which the landlord’s interest subsists or to demolish the whole or part of any building on that land.

(4) In this section “the landlord in default” has the same meaning as in section 27 above and subsection (9) of that section applies in relation to this section as it applies in relation to that.

(5) Section 113 of the M6 Housing Act 1985 (meaning of “members of a person’s family”) applies for the purposes of subsection (3)(b) above.

(6) The reference in subsection (3)(c) above to substantial development of any of the land in which the landlord’s interest subsists is a reference to any development other than—

(a) development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted; or

(b) a change of use resulting in the building referred to in subsection (2) above or any part of it being used as, or as part of, one or more dwelling-houses;

and in this subsection “general development order”[F136 has the meaning given in section 56(6) of the Town and Country Planning Act 1990] and other expressions have the same meaning as in that Act.

Textual Amendments

F136 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1), s. 4, Sch. 2 para. 79(1)

Marginal Citations

M6 1985 c. 68.

29 Offences of harassment. E+W

(1) In section 1 of the 1977 Act (unlawful eviction and harassment of occupier), with respect to acts done after the commencement of this Act, subsection (3) shall have effect with the substitution, for the word “calculated”, of the word “likely”.

(2) After that subsection there shall be inserted the following subsections—

“(3A) Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if—

(a) he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or

(b) he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,

and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.

(3B) A person shall not be guilty of an offence under subsection (3A) above if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.

(3C) In subsection (3A) above “landlord”, in relation to a residential occupier of any premises, means the person who, but for—

(a) the residential occupier’s right to remain in occupation of the premises, or

(b) a restriction on the person’s right to recover possession of the premises,

would be entitled to occupation of the premises and any superior landlord under whom that person derives title.”

30 Variation of scope of 1977 ss. 3 and 4. E+W

(1) In section 3 of the 1977 Act (prohibition of eviction without due process of law), in subsection (1) for the words “not a statutorily protected tenancy” there shall be substituted “neither a statutorily protected tenancy nor an excluded tenancy”.

(2) After subsection (2A) of that section there shall be inserted the following subsections—

“(2B) Subsections (1) and (2) above apply in relation to any premises occupied as a dwelling under a licence, other than an excluded licence, as they apply in relation to premises let as a dwelling under a tenancy, and in those subsections the expressions “let” and “tenancy” shall be construed accordingly.

(2C) References in the preceding provisions of this section and section 4(2A) below to an excluded tenancy do not apply to—

(a) a tenancy entered into before the date on which the Housing Act 1988 came into force, or

(b) a tenancy entered into on or after that date but pursuant to a contract made before that date,but, subject to that, “excluded tenancy” and “excluded licence” shall be construed in accordance with section 3A below.”

(3) In section 4 of the 1977 Act (special provisions for agricultural employees) after subsection (2) there shall be inserted the following subsection—

“(2A) In accordance with section 3(2B) above, any reference in subsections (1) and (2) above to the tenant under the former tenancy includes a reference to the licensee under a licence (other than an excluded licence) which has come to an end (being a licence to occupy premises as a dwelling); and in the following provisions of this section the expressions “tenancy” and “rent” and any other expressions referable to a tenancy shall be construed accordingly.”

31 Excluded tenancies and licences. E+W

After section 3 of the 1977 Act there shall be inserted the following section—

“3A Excluded tenancies and licences.

(1) Any reference in this Act to an excluded tenancy or an excluded licence is a reference to a tenancy or licence which is excluded by virtue of any of the following provisions of this section.

(2) A tenancy or licence is excluded if—

(a) under its terms the occupier shares any accommodation with the landlord or licensor; and

(b) immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part.

(3) A tenancy or licence is also excluded if—

(a) under its terms the occupier shares any accommodation with a member of the family of the landlord or licensor;

(b) immediately before the tenancy or licence was granted and also at the time it comes to an end, the member of the family of the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part; and

(c) immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises in the same building as the shared accommodation and that building is not a purpose-built block of flats.

(4) For the purposes of subsections (2) and (3) above, an occupier shares accommodation with another person if he has the use of it in common with that person (whether or not also in common with others) and any reference in those subsections to shared accommodation shall be construed accordingly, and if, in relation to any tenancy or licence, there is at any time more than one person who is the landlord or licensor, any reference in those subsections to the landlord or licensor shall be construed as a reference to any one of those persons.

(5) In subsections (2) to (4) above—

(a) “accommodation” includes neither an area used for storage nor a staircase, passage, corridor or other means of access;

(b) “occupier” means, in relation to a tenancy, the tenant and, in relation to a licence, the licensee; and

(c) “purpose-built block of flats” has the same meaning as in Part III of Schedule 1 to the Housing Act 1988;

and section 113 of the Housing Act 1985 shall apply to determine whether a person is for the purposes of subsection (3) above a member of another’s family as it applies for the purposes of Part IV of that Act.

(6) A tenancy or licence is excluded if it was granted as a temporary expedient to a person who entered the premises in question or any other premises as a trespasser (whether or not, before the beginning of that tenancy or licence, another tenancy or licence to occupy the premises or any other premises had been granted to him).

(7) A tenancy or licence is excluded if—

(a) it confers on the tenant or licensee the right to occupy the premises for a holiday only; or

(b) it is granted otherwise than for money or money’s worth.

(8) A licence is excluded if it confers rights of occupation in a hostel, within the meaning of the Housing Act 1985, which is provided by—

(a) the council of a county, district or London Borough, the Common Council of the City of London, the Council of the Isles of Scilly, the Inner London Education Authority, a joint authority within the meaning of the Local Government Act 1985 or a residuary body within the meaning of that Act;

(b) a development corporation within the meaning of the New Towns Act 1981;

(c) the Commission for the New Towns;

(d) an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980;

(e) a housing action trust established under Part III of the Housing Act 1988;

(f) the Development Board for Rural Wales;

(g) the Housing Corporation or Housing for Wales;

(h) a housing trust which is a charity or a registered housing association, within the meaning of the Housing Associations Act 1985; or

(i) any other person who is, or who belongs to a class of person which is, specified in an order made by the Secretary of State.

(9) The power to make an order under subsection (8)(i) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

32 Notice to quit etc. E+W

(1) In section 5 of the 1977 Act (validity of notices to quit) at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1B) below”.

(2) After subsection (1) of that section there shall be inserted the following subsections—

“(1A) Subject to subsection (1B) below, no notice by a licensor or a licensee to determine a periodic licence to occupy premises as a dwelling (whether the licence was granted before or after the passing of this Act) shall be valid unless—

(a) it is in writing and contains such information as may be prescribed, and

(b) it is given not less than 4 weeks before the date on which it is to take effect.

(1B) Nothing in subsection (1) or subsection (1A) above applies to—

(a) premises let on an excluded tenancy which is entered into on or after the date on which the Housing Act 1988 came into force unless it is entered into pursuant to a contract made before that date; or

(b) premises occupied under an excluded licence.”

33 Interpretation of Chapter IV and the 1977 Act. E+W

(1) In this Chapter “the 1977 Act” means the M7 Protection from Eviction Act 1977.

(2) In section 8 of the 1977 Act (interpretation) at the end of subsection (1) (statutory protected tenancy) there shall be inserted—

“(e) an assured tenancy or assured agricultural occupancy under Part I of the Housing Act 1988.”

(3) At the end of that section there shall be added the following subsections—

“(4) In this Act “excluded tenancy” and “excluded licence” have the meaning assigned by section 3A of this Act.

(5) If, on or after the date on which the Housing Act 1988 came into force, the terms of an excluded tenancy or excluded licence entered into before that date are varied, then—

(a) if the variation affects the amount of the rent which is payable under the tenancy or licence, the tenancy or licence shall be treated for the purposes of sections 3(2C) and 5(1B) above as a new tenancy or licence entered into at the time of the variation; and

(b) if the variation does not affect the amount of the rent which is so payable, nothing in this Act shall affect the determination of the question whether the variation is such as to give rise to a new tenancy or licence.

(6) Any reference in subsection (5) above to a variation affecting the amount of the rent which is payable under a tenancy or licence does not include a reference to—

(a) a reduction or increase effected under Part III or Part VI of the Rent Act 1977 (rents under regulated tenancies and housing association tenancies), section 78 of that Act (power of rent tribunal in relation to restricted contracts) or sections 11 to 14 of the Rent (Agriculture) Act 1976; or

(b) a variation which is made by the parties and has the effect of making the rent expressed to be payable under the tenancy or licence the same as a rent for the dwelling which is entered in the register under Part IV or section 79 of the Rent Act 1977.”

Marginal Citations

M7 1977 c. 43.

Chapter V E+W Phasing out of Rent Acts and other Transitional Provisions

34 New protected tenancies and agricultural occupancies restricted to special cases. E+W

(1) A tenancy which is entered into on or after the commencement of this Act cannot be a protected tenancy, unless—

(a) it is entered into in pursuance of a contract made before the commencement of this Act; or

(b) it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was a protected or statutory tenant and is so granted by the person who at that time was the landlord (or one of the joint landlords) under the protected or statutory tenancy; or

(c) it is granted to a person (alone or jointly with others) in the following circumstances—

(i) prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in section 98(1)(a) of, or Case 1 in Schedule 16 to, the M8 Rent Act 1977 or Case 1 in Schedule 4 to the M9 Rent (Agriculture) Act 1976 (suitable alternative accommodation available); and

(ii) the tenancy is of the premises which constitute the suitable alternative accommodation as to which the court was so satisfied; and

(iii) in the proceedings for possession the court considered that, in the circumstances, the grant of an assured tenancy would not afford the required security and, accordingly, directed that the tenancy would be a protected tenancy; or

[F137 (d) it is a tenancy under which the interest of the landlord was at the time the tenancy was granted held by [F138 the Commission for the New Towns or a development] corporation, within the meaning of section 80 of the Housing Act 1985, and, before the date which has effect by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 38 below, ceased to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981]

(2) In subsection (1)(b) above “protected tenant” and “statutory tenant” do not include—

(a) a tenant under a protected shorthold tenancy;

(b) a protected or statutory tenant of a dwelling-house which was let under a protected shorthold tenancy which ended before the commencement of this Act and in respect of which at that commencement either there has been no grant of a further tenancy or any grant of a further tenancy has been to the person who, immediately before the grant, was in possession of the dwelling-house as a protected or statutory tenant;

and in this subsection “protected shorthold tenancy” includes a tenancy which, in proceedings for possession under Case 19 in Schedule 15 to the Rent Act 1977, is treated as a protected shorthold tenancy.

(3) In any case where—

(a) by virtue of subsections (1) and (2) above, a tenancy entered into on or after the commencement of this Act is an assured tenancy, but

(b) apart from subsection (2) above, the effect of subsection (1)(b) above would be that the tenancy would be a protected tenancy, and

(c) the landlord and the tenant under the tenancy are the same as at the coming to an end of the protected or statutory tenancy which, apart from subsection (2) above, would fall within subsection (1)(b) above,

the tenancy shall be an assured shorthold tenancy (whether or not [F139 , in the case of a tenancy to which the provision applies,] it fulfils the conditions in section 20(1) above) unless, before the tenancy is entered into, the landlord serves notice on the tenant that it is not to be a shorthold tenancy.

(4) A licence or tenancy which is entered into on or after the commencement of this Act cannot be a relevant licence or relevant tenancy for the purposes of the M10 Rent (Agriculture) Act 1976 (in this subsection referred to as “the 1976 Act”) unless—

(a) it is entered into in pursuance of a contract made before the commencement of this Act; or

(b) it is granted to a person (alone or jointly with others) who, immediately before the licence or tenancy was granted, was a protected occupier or statutory tenant, within the meaning of the 1976 Act, and is so granted by the person who at that time was the landlord or licensor (or one of the joint landlords or licensors) under the protected occupancy or statutory tenancy in question.

(5) Except as provided in subsection (4) above, expressions used in this section have the same meaning as in the M11 Rent Act 1977.

Textual Amendments

F137 S. 34(1)(d) substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 104

F138 Words in s. 34(1)(d) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 37 (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

F139 Words in s. 34(3) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(7); S.I. 1997/225, art. 2 (with Sch.)

Marginal Citations

M8 1977 c. 42.

M9 1976 c. 80.

M10 1976 c. 80.

M11 1977 c. 42.

35 Removal of special regimes for tenancies of housing associations etc. E+W

(1) In this section “housing association tenancy” has the same meaning as in Part VI of the Rent Act 1977.

(2) A tenancy which is entered into on or after the commencement of this Act cannot be a housing association tenancy unless—

(a) it is entered into in pursuance of a contract made before the commencement of this Act; or

(b) it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was a tenant under a housing association tenancy and is so granted by the person who at that time was the landlord under that housing association tenancy; or

(c) it is granted to a person (alone or jointly with others) in the following circumstances—

(i) prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 84 of the M12 Housing Act 1985; and

(ii) the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and

(iii) in the proceedings for possession the court directed that the tenancy would be a housing association tenancy; or

[F140 (d) it is a tenancy under which the interest of the landlord was at the time the tenancy was granted held by [F141 the Commission for the New Towns or a development] corporation, within the meaning of section 80 of the Housing Act 1985, and, before the date which has effect by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 38 below, ceased to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981]

(3) Where, on or after the commencement of this Act, [F142 a private registered provider of social housing or] a [F143 registered social lanlord, within the meaning of the Housing Act 1985 (see section 5(4) and (5) of the Act)], grants a secure tenancy pursuant to an obligation under section 554(2A) of the M13 Housing Act 1985 (as set out in Schedule 17 to this Act) then, in determining whether that tenancy is a housing association tenancy, it shall be assumed for the purposes only of section 86(2)(b) of the M14 Rent Act 1977 (tenancy would be a protected tenancy but for section 15 or 16 of that Act) that the tenancy was granted before the commencement of this Act.

(4) [F144 Subject to section 38(4A) below] a tenancy or licence which is entered into on or after the commencement of this Act cannot be a secure tenancy unless—

(a) the interest of the landlord belongs to a local authority, a [F145 development] corporation or an urban development corporation, all within the meaning of section 80 of the Housing Act 1985 [F146 or a housing action trust established under Part III of this Act]; or

[F147 (aa) the interest of the landlord belongs to a Mayoral development corporation; or]

(b) the interest of the landlord belongs to a housing co-operative within the meaning of section 27B of the Housing Act 1985 (agreements between local housing authorities and housing co-operatives) and the tenancy or licence is of a dwelling-house comprised in a housing co-operative agreement falling within that section; or

[F148 (ba) the interest of the landlord belongs to the Homes and Communities Agency[F149 , the Greater London Authority] or the Welsh Ministers and the tenancy or licence falls within section 80(2A) to (2E) of the Housing Act 1985; or]

(c) it is entered into in pursuance of a contract made before the commencement of this Act; or

(d) it is granted to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant and is so granted by the body which at that time was the landlord or licensor under the secure tenancy; or

(e) it is granted to a person (alone or jointly with others) in the following circumstances—

(i) prior to the grant of the tenancy or licence, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 84 of the Housing Act 1985; and

(ii) the tenancy or licence is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and

(iii) in the proceedings for possession the court considered that, in the circumstances, the grant of an assured tenancy would not afford the required security and, accordingly, directed that the tenancy or licence would be a secure tenancy; or

(f) it is granted pursuant to an obligation under section 554(2A) of the Housing Act 1985 (as set out in Schedule 17 to this Act).

(5) If, on or after the commencement of this Act, the interest of the landlord under a protected or statutory tenancy becomes held by a housing association, a housing trust [F150 [F151 or the Regulator of Social Housing]][F152 or, where that interest becomes held by him as the result of the exercise by him of functions under Part III of the Housing Association Act 1985, the Secretary of State,] nothing in the preceding provisions of this section shall prevent the tenancy from being a housing association tenancy or a secure tenancy and, accordingly, in such a case section 80 of the Housing Act 1985 (and any enactment which refers to that section) shall have effect without regard to the repeal of provisions of that section effected by this Act.

(6) In subsection (5) above “housing association” and “housing trust” have the same meaning as in the M15 Housing Act 1985.

Textual Amendments

F140 S. 35(2)(d) substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 105(1)

F141 Words in s. 35(2)(d) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 38(2) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

F142 Words in s. 35(3) 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. 66(2) (with art. 6, Sch. 3)

F143 Words in s. 35(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(2)

F144 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 105(2)

F145 Word in s. 35(4)(a) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 38(3)(a) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

F146 Words in s. 35(4)(a) substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 15 (with ss. 139(2), 141(3), 143(2)); S.I. 1998/2244, art. 4

F147 S. 35(4)(aa) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 26

F148 S. 35(4)(ba) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 38(3)(b) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

F149 Words in s. 35(4)(ba) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 26; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F150 Words in s. 35(5) substituted (1.11.1998) by 1998 c. 38, s. 140(1), Sch. 16 para. 60; S.I. 1998/2244, art. 5

F151 Words in s. 35(5) 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. 66(3) (with art. 6, Sch. 3)

F152 Words in s. 35(5) inserted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 3(2)

Modifications etc. (not altering text)

C16 S. 35(5) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 1; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-11)

Marginal Citations

M12 1985 c. 68.

M13 1985 c. 68.

M14 1977 c. 42.

M15 1985 c. 68.

36 New restricted contracts limited to transitional cases. E+W

(1) A tenancy or other contract entered into after the commencement of this Act cannot be a restricted contract for the purposes of the Rent Act 1977 unless it is entered into in pursuance of a contract made before the commencement of this Act.

(2) If the terms of a restricted contract are varied after this Act comes into force then, subject to subsection (3) below,—

(a) if the variation affects the amount of the rent which, under the contract, is payable for the dwelling in question, the contract shall be treated as a new contract entered into at the time of the variation (and subsection (1) above shall have effect accordingly); and

(b) if the variation does not affect the amount of the rent which, under the contract, is so payable, nothing in this section shall affect the determination of the question whether the variation is such as to give rise to a new contract.

(3) Any reference in subsection (2) above to a variation affecting the amount of the rent which, under a contract, is payable for a dwelling does not include a reference to—

(a) a reduction or increase effected under section 78 of the Rent Act 1977 (power of [F153 appropriate] tribunal); or

(b) a variation which is made by the parties and has the effect of making the rent expressed to be payable under the contract the same as the rent for the dwelling which is entered in the register under section 79 of the Rent Act 1977.

(4) In subsection (1) of section 81A of the Rent Act 1977 (cancellation of registration of rent relating to a restricted contract) paragraph (a) (no cancellation until two years have elapsed since the date of the entry) shall cease to have effect.

(5) In this section “rent” has the same meaning as in Part V of the Rent Act 1977.

Textual Amendments

F153 Word in s. 36(3)(a) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 88 (with Sch. 3)

37 No further assured tenancies under Housing Act 1980. E+W

(1) A tenancy which is entered into on or after the commencement of this Act cannot be an assured tenancy for the purposes of sections 56 to 58 of the M16 Housing Act 1980 (in this section referred to as a “1980 Act tenancy”).

(2) In any case where—

(a) before the commencement of this Act, a tenant under a 1980 Act tenancy made an application to the court under section 24 of the M17 Landlord and Tenant Act 1954 (for the grant of a new tenancy), and

(b) at the commencement of this Act the 1980 Act tenancy is continuing by virtue of that section or of any provision of Part IV of the said Act of 1954,

section 1(3) of this Act shall not apply to the 1980 Act tenancy.

(3) If, in a case falling within subsection (2) above, the court makes an order for the grant of a new tenancy under section 29 of the M18 Landlord and Tenant Act 1954, that tenancy shall be an assured tenancy for the purposes of this Act.

(4) In any case where—

(a) before the commencement of this Act a contract was entered into for the grant of a 1980 Act tenancy, but

(b) at the commencement of this Act the tenancy had not been granted,

the contract shall have effect as a contract for the grant of an assured tenancy (within the meaning of this Act).

(5) In relation to an assured tenancy falling within subsection (3) above or granted pursuant to a contract falling within subsection (4) above, Part I of Schedule 1 to this Act shall have effect as if it consisted only of paragraphs 11 and 12; and, if the landlord granting the tenancy is a fully mutual housing association, then, so long as that association remains the landlord under that tenancy (and under any statutory periodic tenancy which arises on the coming to an end of that tenancy), the said paragraph 12 shall have effect in relation to that tenancy with the omission of sub-paragraph (1)(h).

(6) Any reference in this section to a provision of the Landlord and Tenant Act 1954 is a reference only to that provision as applied by section 58 of the M19 Housing Act 1980.

Marginal Citations

M16 1980 c. 51.

M17 1954 c. 56.

M18 1954 c. 56.

M19 1980 c. 51.

38 Transfer of existing tenancies from public to private sector. E+W

(1) The provisions of subsection (3) below apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this Act if,—

(a) at that commencement or, if it is later, at the time it is entered into, the interest of the landlord is held by a public body (within the meaning of subsection (5) below); and

(b) at some time after that commencement, the interest of the landlord ceases to be so held.

(2) The provisions of subsection (3) below also apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this Act if,—

(a) at the commencement of this Act or, if it is later, at the time it is entered into, it is a housing association tenancy; and

(b) at some time after that commencement, it ceases to be such a tenancy.

(3) [F154 Subject to subsections (4) [F155 [F156 (4ZA), (4A), (4BA)] and (4B),] below] on and after the time referred to in subsection (1)(b) or, as the case may be, subsection (2)(b) above—

(a) the tenancy shall not be capable of being a protected tenancy, a protected occupancy or a housing association tenancy;

(b) the tenancy shall not be capable of being a secure tenancy unless (and only at a time when) the interest of the landlord under the tenancy is (or is again) held by a public body; and

(c) paragraph 1 of Schedule 1 to this Act shall not apply in relation to it, and the question whether at any time thereafter it becomes (or remains) an assured tenancy shall be determined accordingly.

(4) In relation to a tenancy under which, at the commencement of this Act or, if it is later, at the time the tenancy is entered into, the interest of the landlord is held by [F157 the Commission for the New Towns or a development] corporation, within the meaning of section 80 of the M20 Housing Act 1985 [F158 and which subsequently ceases to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981], subsections (1) and (3) above shall have effect as if any reference in subsection (1) above to the commencement of this Act were a reference to—

(a) the date on which expires the period of two years beginning on the day this Act is passed; or

(b) if the Secretary of State by order made by statutory instrument within that period so provides, such other date (whether earlier or later) as may be specified by the order for the purposes of this subsection.

[F159 (4ZA) In relation to any time on or after the coming into force of this subsection, subsection (4) applies as if—

(a) the references to the Commission for the New Towns were references to the new towns residuary body;

(b) in the case of a disposal by the English new towns residuary body, the reference to section 37 of the New Towns Act 1981 were a reference to section 47 of the Housing and Regeneration Act 2008; and

(c) in the case of a disposal by the Welsh new towns residuary body, the words “made pursuant to a direction under section 37 of the New Towns Act 1981” were omitted.]

[F160 (4A) Where, by virtue of a disposal falling within subsection (4) above and made before the date which has effect by virtue of paragraph (a) or paragraph (b) of that subsection, the interest of the landlord under a tenancy passes to [F161 a private registered provider of social housing or] a [F162 registered social landlord (within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act))], then, notwithstanding anything in subsection (3) above, so long as the tenancy continues to be held by a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made, the tenancy shall continue to be a secure tenancy and to be capable of being a housing association tenancy.]

[F163 (4B) Where, by virtue of a disposal by the Secretary of State made in the exercise by him of functions under Part III of the Housing Associations Act 1985, the interest of the landlord under a secure tenancy passes to a registered social landlord (within the meaning of the Housing Act 1985) then, notwithstanding anything in subsection (3) above, so long as the tenancy continues to be held by a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made, the tenancy shall continue to be a secure tenancy and to be capable of being a housing association tenancy.]

[F164 (4BA) The references in subsections (4A) and (4B) to a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made includes a reference to the new towns residuary body.]

(5) For the purposes of this section, the interest of a landlord under a tenancy is held by a public body at a time when—

(a) it belongs to a local authority, a [F165 development] corporation or an urban development corporation, all within the meaning of section 80 of the Housing Act 1985 [F166 or to the English new towns residuary body]; or

[F167 (aa) it belongs to a Mayoral development corporation; or]

(b) it belongs to a housing action trust established under Part III of this Act; or

F168 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) it belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department.

[F169 (5A) In this section “ new towns residuary body ” means—

(a) in relation to times before the coming into force of this subsection, the Commission for the New Towns; and

(b) in relation to other times—

(i) in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 [F170 or the Greater London Authority so far as exercising its new towns and urban development functions] (and any reference to the English new towns residuary body shall be construed accordingly); and

(ii) in relation to Wales, the 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 (and any reference to the Welsh new towns residuary body shall be construed accordingly).]

(6) In this section—

(a) “housing association tenancy” means a tenancy to which Part VI of the M21 Rent Act 1977 applies;

(b) “protected tenancy” has the same meaning as in that Act; and

(c) “protected occupancy” has the same meaning as in the M22 Rent (Agriculture) Act 1976.

Textual Amendments

F154 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 106(1)

F155 Words in s. 38(3) substituted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 3(3)(a)

F156 Words in s. 38(3) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 39(2) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

F157 Words in s. 38(4) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 39(3) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

F158 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 106(2)

F159 S. 38(4ZA) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 39(4) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

F160 S. 38(4A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 106(3)

F161 Words in s. 38(4A) 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. 67 (with art. 6, Sch. 3)

F162 Words in s. 38(4A) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(3)

F163 S. 38(4B) inserted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 3(3)(b)

F164 S. 38(4BA) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 39(5) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

F165 Word in s. 38(5)(a) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 39(6)(a) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

F166 Words in s. 38(5)(a) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 39(6)(b) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

F167 S. 38(5)(aa) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 27

F168 S. 38(5)(c) 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

F169 S. 38(5A) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 39(7) (with Sch. 2); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

F170 Words in s. 38(5A)(b)(i) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 27; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Marginal Citations

M20 1985 c. 68.

M21 1977 c. 42.

M22 1976 c. 80.

39 Statutory tenants: succession. E+W

(1) In section 2(1)(b) of the Rent Act 1977 (which introduces the provisions of Part I of Schedule 1 to that Act relating to statutory tenants by succession) after the words “statutory tenant of a dwelling-house” there shall be inserted “or, as the case may be, is entitled to an assured tenancy of a dwelling-house by succession”.

(2) Where the person who is the original tenant, within the meaning of Part I of Schedule 1 to the Rent Act 1977, dies after the commencement of this Act, that Part shall have effect subject to the amendments in Part I of Schedule 4 to this Act.

(3) Where subsection (2) above does not apply but the person who is the first successor, within the meaning of Part I of Schedule 1 to the Rent Act 1977, dies after the commencement of this Act, that Part shall have effect subject to the amendments in paragraphs 5 to 9 of Part I of Schedule 4 to this Act.

(4) In any case where the original occupier, within the meaning of section 4 of the Rent (Agriculture) Act 1976 (statutory tenants and tenancies) dies after the commencement of this Act, that section shall have effect subject to the amendments in Part II of Schedule 4 to this Act.

(5) In any case where, by virtue of any provision of—

(a) Part I of Schedule 1 to the M23 Rent Act 1977, as amended in accordance with subsection (2) or subsection (3) above, or

(b) section 4 of the M24 Rent (Agriculture) Act 1976, as amended in accordance with subsection (4) above,

a person (in the following provisions of this section referred to as “the successor”) becomes entitled to an assured tenancy of a dwelling-house by succession, that tenancy shall be a periodic tenancy arising by virtue of this section.

(6) Where, by virtue of subsection (5) above, the successor becomes entitled to an assured periodic tenancy, that tenancy is one—

(a) taking effect in possession immediately after the death of the protected or statutory tenant or protected occupier (in the following provisions of this section referred to as “the predecessor”) on whose death the successor became so entitled;

(b) deemed to have been granted to the successor by the person who, immediately before the death of the predecessor, was the landlord of the predecessor under his tenancy;

(c) under which the premises which are let are the same dwelling-house as, immediately before his death, the predecessor occupied under his tenancy;

(d) under which the periods of the tenancy are the same as those for which rent was last payable by the predecessor under his tenancy;

(e) under which, subject to sections 13 to 15 above, the other terms are the same as those on which, under his tenancy, the predecessor occupied the dwelling-house immediately before his death; and

(f) which, for the purposes of section 13(2) above, is treated as a statutory periodic tenancy;

and in paragraphs (b) to (e) above “under his tenancy”, in relation to the predecessor, means under his protected tenancy or protected occupancy or in his capacity as a statutory tenant.

(7) If, immediately before the death of the predecessor, the landlord might have recovered possession of the dwelling-house under Case 19 in Schedule 15 to the Rent Act 1977, the assured periodic tenancy to which the successor becomes entitled shall be an assured shorthold tenancy (whether or not [F171 , in the case of a tenancy to which the provision applies] it fulfils the conditions in section 20(1) above).

(8) If, immediately before his death, the predecessor was a protected occupier or statutory tenant within the meaning of the Rent (Agriculture) Act 1976, the assured periodic tenancy to which the successor becomes entitled shall be an assured agricultural occupancy (whether or not it fulfils the conditions in section 24(1) above).

(9) Where, immediately before his death, the predecessor was a tenant under a fixed term tenancy, section 6 above shall apply in relation to the assured periodic tenancy to which the successor becomes entitled on the predecessor’s death subject to the following modifications—

(a) for any reference to a statutory periodic tenancy there shall be substituted a reference to the assured periodic tenancy to which the successor becomes so entitled;

(b) in subsection (1) of that section, paragraph (a) shall be omitted and the reference in paragraph (b) to section 5(3)(e) above shall be construed as a reference to subsection (6)(e) above; and

(c) for any reference to the coming to an end of the former tenancy there shall be substituted a reference to the date of the predecessor’s death.

(10) If and so long as a dwelling-house is subject to an assured tenancy to which the successor has become entitled by succession, section 7 above and Schedule 2 to this Act shall have effect subject to the modifications in Part III of Schedule 4 to this Act; and in that Part “the predecessor” and “the successor” have the same meaning as in this section.

Textual Amendments

F171 Words in s. 39(7) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(8); S.I. 1997/225, art. 2 (with Sch.)

Marginal Citations

M23 1977 c. 42.

M24 1976 c. 80.

Chapter VI E+W General Provisions

40 Jurisdiction of county courts. E+W

(1) [F172 The county court] shall have jurisdiction to hear and determine any question arising under any provision of—

(a) Chapters I to III and V above, or

(b) sections 27 and 28 above,

other than a question falling within the jurisdiction of [F173 the appropriate tribunal] by virtue of any such provision.

F174 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where any proceedings under any provision mentioned in subsection (1) above are being taken in [F175 the county court], the court shall have jurisdiction to hear and determine any other proceedings joined with those proceedings, notwithstanding that, apart from this subsection, those other proceedings would be outside the court’s jurisdiction.

[F176 (4) If any person takes any proceedings under any provision mentioned in subsection (1) above in the High Court, he shall not be entitled to recover any more costs of those proceedings than those to which he would have been entitled if the proceedings had been taken in [F177 the county court]: and in such a case the taxing master shall have the same power of directing on what county court scale costs are to be allowed, and of allowing any item of costs, as the judge would have had if the proceedings had been taken in [F177 the county court].

(5) Subsection (4) above shall not apply where the purpose of taking the proceedings in the High Court was to enable them to be joined with any proceedings already pending before that court (not being proceedings taken under any provision mentioned in subsection (1) above).]

Textual Amendments

F172 Words in s. 40(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F173 Words in s. 40(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 89 (with Sch. 3)

F174 S. 40(2) omitted (1.7.1991) by virtue of S.I. 1991/724, art. 2(8), Schedule Pt.I

F175 Words in s. 40(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F176 S. 40(4)(5) repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 124(3), 125(7), Sch. 20

F177 Words in s. 40(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C17 S. 40 extended (1.7.1991) by S.I. 1991/724, art.2(1)(o)

41 Rent assessment committees: procedure and information powers. E+W

F178 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The rent assessment committee to whom a matter is referred under Chapter I or Chapter II above may by notice in the prescribed form served on the landlord or the tenant require him to give to the committee, within such period of not less than fourteen days from the service of the notice as may be specified in the notice, such information as they may reasonably require for the purposes of their functions.

(3) If any person fails without reasonable excuse to comply with a notice served on him under subsection (2) above, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) Where an offence under subsection (3) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Textual Amendments

F178 S. 41(1) repealed (2.9.1993) by 1993 c. 28, s. 187(2), Sch.22; S.I. 1993/2134, arts. 2,3

Modifications etc. (not altering text)

C18 S. 41(2)–(4) applied by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 12(1), 21, 22

[41A F179 Amounts attributable to services. E+W

In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992[F180 or to assist the Secretary of State in the administration of universal credit], where a rent is determined under section 14 or 22 above, the [F181 appropriate tribunal] shall note in their determination the amount (if any) of the rent which, in the opinion of the [F182 tribunal], is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amount so noted may be included in the information specified in an order under section 42 [F183 or 42A] below.]

Textual Amendments

F179 S. 41A added (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 103

F180 Words in s. 41A inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 6

F181 Words in s. 41A substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 90(a) (with Sch. 3)

F182 Word in s. 41A substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 90(b) (with Sch. 3)

F183 Words in s. 41A inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 90(c) (with Sch. 3)

[41B F184 Provision of information as to exemption from council tax E+W

A billing authority within the meaning of Part I of the Local Government Finance Act 1992 shall, if so requested in writing by a rent officer or [F185 the appropriate tribunal] in connection with his or their functions under any enactment, inform the rent officer or [F185 the appropriate tribunal] in writing whether or not a particular dwelling (within the meaning of Part I of the Local Government Finance Act 1992) is, or was at any time specified in the request, an exempt dwelling for the purposes of that Part of that Act.]

Textual Amendments

F184 S. 41B inserted (23.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para.18 (as amended (23.4.1993) by S.I. 1993/1120, art.2).

F185 Words in s. 41B substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 91 (with Sch. 3)

42 Information as to determinations of rents [F186 in Wales]. E+W

(1) The President of [F187 the] rent assessment panel shall keep and make publicly available, in such manner as is specified in an order made by the [F188 Welsh Ministers], such information as may be so specified with respect to rents under assured tenancies and assured agricultural occupancies which have been the subject of references or applications to, or determinations by, rent assessment committees [F189 in areas in Wales].

(2) A copy of any information certified under the hand of an officer duly authorised by the President of the rent assessment panel F190 ... shall be receivable in evidence in any court and in any proceedings.

(3) An order under subsection (1) above—

(a) may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue of that subsection; and

(b) may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

(4) The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of [F191 the National Assembly for Wales].

Textual Amendments

F186 Words in s. 42 inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 92(a) (with Sch. 3)

F187 Word in s. 42(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 92(b)(i) (with Sch. 3)

F188 Words in s. 42(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 92(b)(ii) (with Sch. 3)

F189 Words in s. 42(1) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 92(b)(iii) (with Sch. 3)

F190 Word in s. 42(2) omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 92(c) (with Sch. 3)

F191 Words in s. 42(4) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 92(d) (with Sch. 3)

[F192 42A. Information as to determination of rents in England E+W

(1) The Chamber President of the Property Chamber of the First-tier Tribunal shall keep and make publicly available, in such manner as may be specified in an order made by the Lord Chancellor, such information as may be specified in an order made by the Secretary of State with respect to rents under assured tenancies and assured agricultural occupancies which have been the subject of references or applications to, or determinations by—

(a) rent assessment committees in England,

(b) the First-tier Tribunal, or

(c) the Upper Tribunal.

(2) A copy of any information certified by a member of staff appointed by the Lord Chancellor and duly authorised by the Chamber President shall be receivable in evidence in any court and in any proceedings.

(3) An order made by the Lord Chancellor under subsection (1) may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue that subsection.

(4) The power to make an order under subsection (1) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F192 S. 42A inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 93 (with Sch. 3)

43 Powers of local authorities for purposes of giving information. E+W

In section 149 of the M25 Rent Act 1977 (which, among other matters, authorises local authorities to publish information for the benefit of landlords and tenants with respect to their rights and duties under certain enactments), in subsection (1)(a) after sub-paragraph (iv) there shall be inserted—

“(v) Chapters I to III of Part I of the Housing Act 1988”.

Marginal Citations

M25 1977 c. 42.

44 Application to Crown Property. E+W

(1) Subject to paragraph 11 of Schedule 1 to this Act and subsection (2) below, Chapters I to IV above apply in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as they apply in relation to premises in relation to which no such interest subsists or ever subsisted.

(2) In Chapter IV above—

(a) sections 27 and 28 do not bind the Crown; and

(b) the remainder binds the Crown to the extent provided for in section 10 of the M26 Protection from Eviction Act 1977.

(3) In this section “Crown interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster or to the Duchy of Cornwall, or to a government department, or which is held in trust for Her Majesty for the purposes of a government department.

(4) Where an interest belongs to Her Majesty in right of the Duchy of Lancaster, then, for the purposes of Chapters I to IV above, the Chancellor of the Duchy of Lancaster shall be deemed to be the owner of the interest.

Marginal Citations

M26 1977 c. 43.

45 Interpretation of Part I. E+W

(1) In this Part of this Act, except where the context otherwise requires,—

• [F193 “appropriate tribunal” means—

  (a)

  in relation to a dwelling-house in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal;

  (b)

  in relation to a dwelling-house in Wales, a rent assessment committee;]

• “dwelling-house” may be a house or part of a house;

• “fixed term tenancy” means any tenancy other than a periodic tenancy;

• “fully mutual housing association” has the same meaning as in Part I of the M27 Housing Associations Act 1985;

• “landlord” includes any person from time to time deriving title under the original landlord and also includes, in relation to a dwelling-house, any person other than a tenant who is, or but for the existence of an assured tenancy would be, entitled to possession of the dwelling-house;

• “let” includes “sub-let”;

• “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument;

• “rates” includes water rates and charges but does not include an owner’s drainage rate, as defined in section 63(2)(a) of the M28 Land Drainage Act 1976;

• “secure tenancy” has the meaning assigned by section 79 of the M29 Housing Act 1985;

• “statutory periodic tenancy” has the meaning assigned by section 5(7) above;

• “tenancy” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy; and

• “tenant” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.

(2) Subject to paragraph 11 of Schedule 2 to this Act, any reference in this Part of this Act to the beginning of a tenancy is a reference to the day on which the tenancy is entered into or, if it is later, the day on which, under the terms of any lease, agreement or other document, the tenant is entitled to possession under the tenancy.

(3) Where two or more persons jointly constitute either the landlord or the tenant in relation to a tenancy, then, except where this Part of this Act otherwise provides, any reference to the landlord or to the tenant is a reference to all the persons who jointly constitute the landlord or the tenant, as the case may require.

(4) For the avoidance of doubt, it is hereby declared that any reference in this Part of this Act (however expressed) to a power for a landlord to determine a tenancy does not include a reference to a power of re-entry or forfeiture for breach of any term or condition of the tenancy.

(5) Regulations under subsection (1) above may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

Textual Amendments

F193 Words in s. 45(1) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 94 (with Sch. 3)

Marginal Citations

M27 1985 c. 69.

M28 1976 c. 70.

M29 1985 c. 68.

Part II E+W+S Housing Associations

Housing for Wales E+W+S

F194 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F194 S. 46 repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 62, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F195 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F195 S. 47 repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 63, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

Registration and issue of guidance E+W+S

F196 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F196 S. 48 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(2); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (with transitional provisions and savings in art. 3)

F197 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F197 S. 49 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(2); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (with transitional provisions and savings in art. 3)

GrantsF198 ... E+W+S

Textual Amendments

F198 Words in s. 50 cross-heading repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 45, Sch. 16; S.I. 2010/862, arts. 2, 3 (with Sch.)

F199 50 Housing association grants. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F199 S. 50 repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 46, Sch. 16; S.I. 2010/862, arts. 2, 3 (with Sch.)

Modifications etc. (not altering text)

C19 S. 50 restricted (E.W.) (1.4.1997) by 1996 c. 52, ss. 28(1), 251(4)(b) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

S. 50 amended (E.W.) (1.4.1997) by 1996 c. 52, ss. 28(6), 251(4)(b) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

C20 S. 50 functions transferred (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

C21 S. 50 modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 4; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

F199 50 Housing association grants. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E8 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F199 S. 50 repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 46, Sch. 16; S.I. 2010/862, arts. 2, 3 (with Sch.)

F200 51 Revenue deficit grants. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F200 S. 51 repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 46, Sch. 16; S.I. 2010/862, arts. 2, 3 (with Sch.)

Modifications etc. (not altering text)

C22 S. 51 restricted (1.4.1997) by 1996 c. 52, ss. 28(2), 251(4)(b), (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

S. 51 amended (1.4.1997) by 1996 c. 52, ss. 28(6), 251(4)(b); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

C23 S. 51 functions transferred (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

C24 S. 51 modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 4; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

F200 51 Revenue deficit grants. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E9 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F200 S. 51 repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 46, Sch. 16; S.I. 2010/862, arts. 2, 3 (with Sch.)

52 Recovery etc. of grants. E+W

(1) Where a grant to which this section applies, that is to say—

(a) a grant under section 50 or 51 above, or

(b) a grant under section 41 of the 1985 Act or any enactment replaced by that section, or

(c) a grant under section 2(2) of the M30 Housing (Scotland) Act 1988,

has been made to a [F201 relevant housing association], the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the [F202 appropriate authority] may from time to time determine (in this section referred to as “relevant events”).

(2) The [F202 appropriate authority]. . . may—

(a) reduce the amount of, or of any payment in respect of, the grant;

(b) suspend or cancel any instalment of the grant; or

(c) direct the association [F203 to apply or appropriate for such purposes as the [F202 appropriate authority] may specify, or to pay to the [F202 appropriate authority]] an amount equal to the whole, or such proportion as it may specify, of the amount of any payment made to the association in respect of the grant,

and a direction under paragraph (c) above [F204 may require the application, appropriation or payment of an amount with interest] in accordance with subsections (7) to (9) below.

(3) Where, after a grant to which this section applies has been made to an association, a relevant event occurs, the association shall notify the [F202 appropriate authority] and, if so required by written notice of the [F202 appropriate authority], shall furnish it with such particulars of and information relating to the event as are specified in the notice.

(4) Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to an association, the Chief Land Registrar may furnish the [F202 appropriate authority] with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the M31 Land Registration Act 1988 for the coming into force of that Act.

(5) Where—

(a) a grant to which this section applies has been made to an association, and

(b) at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other [F205 relevant housing association], or trustees for some other such association,

this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other association.

(6) The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—

(a) the [F202 appropriate authority], acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or

(b) the [F202 appropriate authority] may determine to be appropriate.

(7) A direction under subsection (2)(c) above [F206 requiring the application, appropriation or payment of an amount with interest] shall specify, in accordance with subsection (9) below,—

(a) the rate or rates of interest (whether fixed or variable) which is or are applicable;

(b) the date from which interest is payable, being not earlier than the date of the relevant event; and

(c) any provision for suspended or reduced interest which is applicable.

(8) In subsection (7)(c) above—

(a) the reference to a provision for suspended interest is a reference to a provision whereby, if [F207 the principle amount is applied, appropriated or paid] before a date specified in the direction, no interest will be payable for any period after the date of the direction; and

(b) the reference to a provision for reduced interest is a reference to a provision whereby, if [F208 the principle amount is so applied, appropriated or paid], any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.

(9) The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—

(a) such as the [F202 appropriate authority], acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or

(b) such as the [F202 appropriate authority] may determine to be appropriate in the particular case.

[F209 (9A) In this section and sections 53 and 54—

• “the appropriate authority”—

  (a)

  in relation to an English relevant housing association [F210 and property outside Greater London], means the Homes and Communities Agency,

  (aa)

  [F211 in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and]

  (b)

  in relation to a Welsh relevant housing association, means the Welsh Ministers,

• “ relevant housing association ” means—

  (a)

  a housing association which is a registered provider of social housing (“an English relevant housing association”), and

  (b)

  a housing association which is a registered social landlord (“a Welsh relevant housing association”).

(9B) In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—

(a) Part 1 of the Housing Act 1996,

(b) Part 1 of the 1985 Act, or

(c) any corresponding earlier enactment.]

Extent Information

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F201 Words in s. 52(1) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 47(3); S.I. 2010/862, art. 2 (with Sch.)

F202 Words in s. 52 substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 47(2); S.I. 2010/862, art. 2 (with Sch.)

F203 Words in s. 52(2)(c) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(a), 231(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

F204 Words in s. 52(2) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(b), 231(4)(b); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

F205 Words in s. 52(5)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 47(3); S.I. 2010/862, art. 2 (with Sch.)

F206 Words in s. 52(7) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(c), 231(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

F207 Words in s. 52(8)(a) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(d), 231(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

F208 Words in s. 52(8)(b) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(e), 231(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

F209 S. 52(9A)(9B) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 47(4); S.I. 2010/862, art. 2 (with Sch.)

F210 Words in s. 52(9A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 28(a); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F211 Words in s. 52(9A) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 28(b); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Modifications etc. (not altering text)

C25 S. 52 excluded (E.W.) (1.8.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 24(7), 231(4)(b) (with s. 51(4)); S.I. 1996/2048, art. 3; S.I. 1996/618, art. 2 (subject to transitional provisions in Sch.)

C26 Ss. 50-55 amended (1.4.1997) by 1996 c. 52, s. 28(6) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

C27 S. 52 functions transferred (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

C28 S. 52 modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 4; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

C29 S. 52 modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 3(10); S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

C30 S. 52 excluded (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 177(8), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

Marginal Citations

M30 1988 c. 43.

M31 1988 c. 3.

52 Recovery etc. of grants. S

(1) Where a grant to which this section applies, that is to say—

(a) a grant under section 50 or 51 above, or

(b) a grant under section 41 of the 1985 Act or any enactment replaced by that section, or

(c) a grant under section 2(2) of the M104 Housing (Scotland) Act 1988,

has been made to a registered [F372 social landlord], the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the Corporation may from time to time determine (in this section referred to as “relevant events”).

(2) The Corporation, acting in accordance with such principles as it may from time to time determine, may—

(a) reduce the amount of, or of any payment in respect of, the grant;

(b) suspend or cancel any instalment of the grant; or

(c) direct the [F373 landlord] to pay to it an amount equal to the whole, or such proportion as it may specify, of the amount of any payment made to the [F373 landlord] in respect of the grant,

and a direction under paragraph (c) above requiring the payment of any interest on that amount in accordance with subsections (7) to (9) below.

(3) Where, after a grant to which this section applies has been made to [F374 a registered social landlord], a relevant event occurs, the [F374 landlord] shall notify the Corporation and, if so required by written notice of the Corporation, shall furnish it with such particulars of and information relating to the event as are specified in the notice.

(4) Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to [F374 a registered social landlord] , the Chief Land Registrar may furnish the Corporation with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the M105 Land Registration Act 1988 for the coming into force of that Act.

(5) Where—

(a) a grant to which this section applies has been made to [F375 a registered social landlord], and

(b) at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other registered [F375 social landlord], or trustees for some other such [F375 landlord],

this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other [F375 landlord].

(6) The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—

(a) the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or

(b) the Corporation may determine to be appropriate.

(7) A direction under subsection (2)(c) above requiring the payment of interest on the amount directed to be paid to the Corporation shall specify, in accordance with subsection (9) below,—

(a) the rate or rates of interest (whether fixed or variable) which is or are applicable;

(b) the date from which interest is payable, being not earlier than the date of the relevant event; and

(c) any provision for suspended or reduced interest which is applicable.

(8) In subsection (7)(c) above—

(a) the reference to a provision for suspended interest is a reference to a provision whereby, if the amount which is directed to be paid to the Corporation is paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and

(b) the reference to a provision for reduced interest is a reference to a provision whereby, if that amount is so paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.

(9) The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—

(a) such as the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or

(b) such as the Corporation may determine to be appropriate in the particular case.

[F209 (9A) In this section and sections 53 and 54—

• “the appropriate authority”—

  (a)

  in relation to an English relevant housing association[F210 and property outside Greater London], means the Homes and Communities Agency,

  (aa)

  [F211 in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and]

  (b)

  in relation to a Welsh relevant housing association, means the Welsh Ministers,

• “ relevant housing association ” means—

  (a)

  a housing association which is a registered provider of social housing (“an English relevant housing association”), and

  (b)

  a housing association which is a registered social landlord (“a Welsh relevant housing association”).

(9B) In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—

(a) Part 1 of the Housing Act 1996,

(b) Part 1 of the 1985 Act, or

(c) any corresponding earlier enactment.]

[F376 (10) In this section and section 53, “registered social landlord” has the same meaning as in the [F377 Housing (Scotland) Act 2010 (asp 17).]]

Extent Information

E10 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F209 S. 52(9A)(9B) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 47(4); S.I. 2010/862, art. 2 (with Sch.)

F210 Words in s. 52(9A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 28(a); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F211 Words in s. 52(9A) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 28(b); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F372 Words in s. 52(1) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(3)(a); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F373 Words in s. 52(2)(c) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(3)(b); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F374 Words in S. 52(3)(4) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para 15(3)(c)(d); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F375 Words in s. 52(5) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(3)(e); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F376 S. 52(10) inserted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(3)(f); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F377 Words in s. 52(10) substituted (S.) (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 5; S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

Modifications etc. (not altering text)

C30 S. 52 excluded (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 177(8), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

Marginal Citations

M104 1988 c. 43.

M105 1988 c. 3.

53 Determinations under Part II. E+W

(1) A general determination may either—

(a) make the same provision for all cases; or

(b) make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of housing associations or housing activities;

and for the purposes of this subsection descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.

[F212 (2) The [F213 [F214 Homes and Communities Agency]] shall not make a general determination under the foregoing provisions of this Part except with the approval of the Secretary of State]

(3) Before making a general determination, the [F215 [F216 appropriate authority]] shall consult such bodies appearing to it to be representative of housing associations as it considers appropriate; and after making such a determination, the [F215 [F216 appropriate authority]] shall publish the determination in such manner as it considers appropriate for bringing the determination to the notice of the associations concerned.

(4) In this section “general determination” means a determination under [F217 section] 52 above, other than a determination relating solely to a particular case.

Extent Information

E4 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F212 S. 53(2) substituted (1.8.1996) by 1996 c. 52, ss. 28(4), 231(4)(b) (with s. 51(4)); S.I. 1996/2048, art. 2

F213 Words in s. 53(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 65 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F214 Words in s. 53(2) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 48(2); S.I. 2010/862, art. 2 (with Sch.)

F215 Words in s. 53 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 61(1)(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F216 Words in s. 53(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 48(3); S.I. 2010/862, art. 2 (with Sch.)

F217 Words in s. 53(4) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 48(4); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C31 S. 53 applied by section 87 of the Housing Associations Act 1985 (c. 69, SIF 61), as substituted by Local Government and Housing Act 1989 (c.42, SIF 61), s. 183

C32 Ss. 50-55 amended (1.4.1997) by 1996 c. 52, ss. 28(6), 231(4)(b) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

C33 S. 53 functions transferred (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

C34 S. 53 modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 4; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

53 Determinations under Part II. S

(1) A general determination may either—

(a) make the same provision for all cases; or

(b) make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of [F378 registered social landlords] or housing activities;

and for the purposes of this subsection descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.

(2) The Corporation shall not make a determination under the foregoing provisions of this Part except with the approval of the Secretary of State given, in the case of a general determination, with the consent of the Treasury.

(3) Before making a general determination, the Corporation shall consult such bodies appearing to it to be representative of [F379 registered social landlords] as it considers appropriate; and after making such a determination, the Corporation shall publish the determination in such manner as it considers appropriate for bringing the determination to the notice of the [F379 landlords] concerned.

(4) In this section “general determination” means a determination under [F217 section] 52 above, other than a determination relating solely to a particular case.

Extent Information

E11 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F217 Words in s. 53(4) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 48(4); S.I. 2010/862, art. 2 (with Sch.)

F378 Words in s. 53(1)(b) substituted (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(4)(a); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F379 Words in s. 53(3) substituted (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(4)(b); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

Modifications etc. (not altering text)

C52 S. 53 applied by section 87 of the Housing Associations Act 1985 (c. 69, SIF 61), as substituted by Local Government and Housing Act 1989 (c.42, SIF 61), s. 183

Grants: functions of Secretary of State E+W+S

54 Tax relief grants. E+W

(1) If a housing association makes a claim to the Secretary of State in respect of a period and satisfies him that throughout the period it was a housing association to which this section applies and its functions either—

(a) consisted exclusively of the function of providing or maintaining housing accommodation for letting or hostels and activities incidental to that function, or

(b) included that function and activities incidental to that function,

the Secretary of State may make grants to the association for affording relief from tax chargeable on the association.

(2) This section applies to a housing association at any time if, at that time—

(a) it is [F218 a relevant housing association];

(b) it does not trade for profit; and

(c) it is not approved for the purposes of [F219 Chapter 7 of Part 13 of the Corporation Tax Act 2010] (tax treatment of co-operative housing associations).

(3) References in this section to tax chargeable on an association are to income tax (other than income tax which the association is entitled to deduct on making any payment) and corporation tax.

(4) A grant under this section may be made—

(a) in a case falling within subsection (1)(a) above, for affording relief from any tax chargeable on the association for the period in respect of which the claim is made; and

(b) in a case falling within subsection (1)(b) above, for affording relief from such part of any tax so chargeable as the Secretary of State considers appropriate having regard to the other functions of the association;

and in any case shall be of such amount, shall be made at such times and shall be subject to such conditions as the Secretary of State thinks fit.

(5) The conditions may include conditions for securing the repayment in whole or in part of a grant made to an association—

(a) in the event of tax in respect of which it was made being found not to be chargeable; or

(b) in such other events (including the association beginning to trade for profit) as the Secretary of State may determine.

(6) A claim under this section shall be made in such manner and shall be supported by such evidence as the Secretary of State may direct.

(7) The Commissioners of Inland Revenue and their officers may disclose to the Secretary of State such particulars as he may reasonably require for determining whether a grant should be made on a claim or whether a grant should be repaid or the amount of such grant or repayment.

(8) In this section “letting” includes—

(a) in England and Wales, the grant of a shared ownership lease or a licence to occupy;

(b) in Scotland, disposal under a shared ownership agreement or the grant of a right or permission to occupy.

Extent Information

E5 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F218 Words in s. 54(2)(a) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 49; S.I. 2010/862, art. 2 (with Sch.)

F219 Words in s. 54(2)(c) substituted (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 211 (with Sch. 2)

Modifications etc. (not altering text)

C35 Ss. 50-55 amended (1.4.1997) by 1996 c. 52, ss. 28(6), 231(4)(b) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

54 Tax relief grants. S

(1) If a housing association makes a claim to the Secretary of State in respect of a period and satisfies him that throughout the period it was a housing association to which this section applies and its functions either—

(a) consisted exclusively of the function of providing or maintaining housing accommodation for letting or hostels and activities incidental to that function, or

(b) included that function and activities incidental to that function,

the Secretary of State may make grants to the association for affording relief from tax chargeable on the association.

(2) This section applies to a housing association at any time if, at that time—

(a) it is registered;

(b) it does not trade for profit; and

(c) it is not approved for the purposes of [F219 Chapter 7 of Part 13 of the Corporation Tax Act 2010] (tax treatment of co-operative housing associations).

(3) References in this section to tax chargeable on an association are to income tax (other than income tax which the association is entitled to deduct on making any payment) and corporation tax.

(4) A grant under this section may be made—

(a) in a case falling within subsection (1)(a) above, for affording relief from any tax chargeable on the association for the period in respect of which the claim is made; and

(b) in a case falling within subsection (1)(b) above, for affording relief from such part of any tax so chargeable as the Secretary of State considers appropriate having regard to the other functions of the association;

and in any case shall be of such amount, shall be made at such times and shall be subject to such conditions as the Secretary of State thinks fit.

(5) The conditions may include conditions for securing the repayment in whole or in part of a grant made to an association—

(a) in the event of tax in respect of which it was made being found not to be chargeable; or

(b) in such other events (including the association beginning to trade for profit) as the Secretary of State may determine.

(6) A claim under this section shall be made in such manner and shall be supported by such evidence as the Secretary of State may direct.

(7) The Commissioners of Inland Revenue and their officers may disclose to the Secretary of State such particulars as he may reasonably require for determining whether a grant should be made on a claim or whether a grant should be repaid or the amount of such grant or repayment.

(8) In this section “letting” includes—

(a) in England and Wales, the grant of a shared ownership lease or a licence to occupy;

(b) in Scotland, disposal under a shared ownership agreement or the grant of a right or permission to occupy.

Extent Information

E12 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F219 Words in s. 54(2)(c) substituted (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 211 (with Sch. 2)

55 Surplus rental income. E+W+S

F220 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F220 S. 55 repealed (S.) (30.9.2002) by 2001 asp 10 para. 15(5), s. 112, Sch. 10 para. 15(5); S.I. 2002/321, art. 2 (with art. 3-5) and omitted (E.W.) (18.1.2005) by virtue of Housing Act 2004 (c. 34), ss. 218, 270, Sch. 11 para. 5 and repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270, Sch. 16; S.I. 2006/1060, art. 2(1)(e)(ix) (with Sch.); S.I. 2006/1535, art. 2(c)(ix) (with Sch.)

Miscellaneous and supplemental E+W+S

F221 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F221 S. 56 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3; S.I. 2001/566, art. 2

57 Delegation of certain functions. E+W

[F222 The Secretary of State may delegate to the [F223 Housing Corporation], to such extent and subject to such conditions as he may specify, any of his functions [F224 , so far as they relate to English registered social landlords,] under—

(a) section 54 F225 . . . above;

(b) sections 53 (recoupment of surplus rental income), 54 to 57 (deficit grants) and 62 (grants for affording tax relief) of the 1985 Act, so far as continuing in force after the passing of this Act; and

(c) Parts I and II of Schedule 5 to the 1985 Act (residual subsidies);

and where he does so, references to him in those provisions shall be construed accordingly.

[F226 In this section “ English registered social landlords ” means social landlords registered in the register maintained by the Housing Corporation under section 1 of the M32 Housing Act 1996. ]]

Extent Information

E6 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F222 S. 57 repealed (E.W.) (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 68, Sch. 4 (with art. 6, Sch. 3)

F223 Words in s. 57 substituted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 66(a) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F224 Words in s. 57 inserted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 66(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F225 Words in s. 57(a) repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270, Sch. 16; S.I. 2006/1060, art. 2(1)(e)(ix) (with Sch.); S.I. 2006/1535, art. 2(c)(ix) (with Sch.)

F226 Definition of "English registered social landlords" in s. 57 inserted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 66(c) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

Marginal Citations

M32 1996 c. 52.

57 Delegation of certain function. S

The Secretary of State may delegate to the Corporation, to such extent and subject to such conditions as he may specify, any of his functions under—

(a) section 54 or 55 above;

(b) sections 53 (recoupment of surplus rental income), 54 to 57 (deficit grants) and 62 (grants for affording tax relief) of the 1985 Act, so far as continuing in force after the passing of this Act; and

(c) Parts I and II of Schedule 5 to the 1985 Act (residual subsidies);

and where he does so, references to him in those provisions shall be construed accordingly.

Extent Information

E13 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

F227 [ 58 Application of Housing Acts to certain transactions. S

(1) This section applies to any tenant of a publicly-funded house who, but for paragraph 1 of Schedule 5 to the M33 Housing Act 1985 (no right to buy where landlord a charitable housing trust or housing association), would have the right to buy under Part V of the Housing Act 1985.

(2) A house is publicly-funded for the purposes of subsection (1) above if a grant under section 50 above, or a grant under section 41 of the 1985 Act or any enactment replaced by that section, has been paid in respect of a project which included—

(a) the acquisition of the house;

(b) the acquisition of a building and the provision of the house by means of the conversion of the building; or

(c) the acquisition of land and the construction of the house on the land.

(3) Where a registered housing association contracts for the acquisition of a house and, without taking the conveyance, grant or assignment, disposes of its interest at a discount to a tenant to whom this section applies, the provisions mentioned in subsection (4) below shall have effect as if the association first acquired the house and then disposed of it to the tenant.

(4) The said provisions are—

• section 4 of the 1985 Act (eligibility for registration);

• section 8 of that Act (disposal of land by registered housing associations);

• section 9 of that Act (consent of Corporation to disposals);

• section 79(2) of that Act (power of Corporation to lend to person acquiring interest from registered housing association);

• Schedule 2 to that Act (covenants for repayments of discount on early disposal and restricting disposal of houses in National Parks etc. ); and

• section 130 of the M34 Housing Act 1985 (reduction of discount on exercise of right to buy where previous discount given). ]

Textual Amendments

F227 S. 58 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 51(4), 55, 227, 231(4)(b), Sch. 3 para. 10, Sch. 19 Pt. I (with s. 51(4)); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

Marginal Citations

M33 1985 c. 68.

M34 1985 c. 68.

59 Interpretation of Part II and amendments of Housing Associations Act 1985. E+W

(1) In this Part of this Act—

(a) “the 1985 Act” means the M35 Housing Associations Act 1985; and

(b) [F228 subject to subsections (1A) and (1B) below] expressions used in this Part have the same meaning as in the 1985 Act.

[F229 (1A) Expressions used in sections [F230 52] to [F231 54] F232 ... above have the same meaning as in Part I of the Housing Act 1996, subject as follows.

(1B) In those sections “housing activities” and “shared ownership lease”, in relation to times, circumstances and purposes before the commencement of section 1 of the Housing Act 1996 (the register of social landlords), have the same meaning as in the 1985 Act.]

(2) The 1985 Act shall have effect subject to the amendments in Schedule 6 to this Act, being amendments—

(a) extending the supervisory powers conferred by Part I of the 1985 Act;

(b) making provision incidental to and consequential upon F233 . . . the establishment by the Housing (Scotland) Act 1988 of Scottish Homes;

(c) making provision incidental to and consequential upon [F234 the] provisions of this Part of this Act and the provisions of Part IV of this Act; and

(d) varying the grounds on which the Secretary of State may remove a member of the Housing Corporation from office.

(3) In Schedule 6 to this Act,—

(a) Part I contains amendments of Part I of the 1985 Act, including amendments which reproduce the effect of amendments made by Schedule 3 to the Housing (Scotland) Act 1988 with respect to Scottish Homes; and

(b) Parts II and III contain amendments of Parts II and III respectively of the 1985 Act.

(4) Without prejudice to the operation of Schedule 3 to the Housing (Scotland) Act 1988 in relation to anything done before the day appointed for the coming into force of this section, for the purpose of giving effect to the amendments in Part I of Schedule 6 to this Act, the said Schedule 3 shall be deemed never to have come into force.

Extent Information

E7 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F228 Words in s. 59(1)(b) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(9)(b)

F229 S. 59(1A)(1B) inserted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(9)(c)

F230 Word in s. 59(1A) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 50; S.I. 2010/862, art. 2 (with Sch.)

F231 Word in s. 59(1A) substituted (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 218, 270, Sch. 11 para. 6

F232 Words in s. 59(1A) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 69, Sch. 4 (with art. 6, Sch. 3)

F233 Words in s. 59(2)(b) repealed (E.W.) (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 67(a), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F234 Word in s. 59(2)(c) substituted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 67(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

Marginal Citations

M35 1985 c. 69.

59 Interpretation of Part II and amendments of Housing Associations Act 1985. S

(1) In this Part of this Act—

(a) “the 1985 Act” means the M106 Housing Associations Act 1985; and

(b) except as provided in section 50(1) above, “the Corporation”[F380 means [F381 the Scottish Ministers]] and other expressions used in this Part have the same meaning as in the 1985 Act.

(2) The 1985 Act shall have effect subject to the amendments in Schedule 6 to this Act, being amendments—

(a) extending the supervisory powers conferred by Part I of the 1985 Act;

F382 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) making provision incidental to and consequential upon [F383 the] provisions of this Part of this Act and the provisions of Part IV of this Act; and

(d) varying the grounds on which the Secretary of State may remove a member of the Housing Corporation from office.

(3) In Schedule 6 to this Act,—

(a) Part I contains amendments of Part I of the 1985 Act, including amendments which reproduce the effect of amendments made by Schedule 3 to the Housing (Scotland) Act 1988 with respect to Scottish Homes; and

(b) Parts II and III contain amendments of Parts II and III respectively of the 1985 Act.

(4) Without prejudice to the operation of Schedule 3 to the Housing (Scotland) Act 1988 in relation to anything done before the day appointed for the coming into force of this section, for the purpose of giving effect to the amendments in Part I of Schedule 6 to this Act, the said Schedule 3 shall be deemed never to have come into force.

Extent Information

E14 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F380 Words in s. 59(1)(b) inserted (S.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 19(9)(a)

F381 Words in s. 59(1)(b) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(6)(a); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F382 S. 59(2)(b) repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(6)(b); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

F383 Word in s. 59(2)(c) substituted (S.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 67(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

Marginal Citations

M106 1985 c. 69.

Part III E+W Housing Action Trust Areas

Modifications etc. (not altering text)

C36 Pt. III (ss. 60-92) amended (24.9.1996) by 1996 c. 52, ss. 221(1)(c), 232(2)

Areas and trusts E+W

60 Housing action trust areas. E+W

(1) Subject to section 61 below, the Secretary of State may by order designate an area of land for which, in his opinion, it is expedient that a corporation, to be known as a housing action trust, having the functions specified in this Part of this Act, should be established.

(2) The area designated by an order under this section may comprise two or more parcels of land which—

(a) need not be contiguous; and

(b) need not be in the district of the same local housing authority.

(3) An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(4) In deciding whether to make an order under this section designating any area of land, the Secretary of State shall have regard to such matters as he thinks fit.

(5) Without prejudice to the generality of subsection (4) above, among the matters to which the Secretary of State may have regard in deciding whether to include a particular area of land in an order under this section, are—

(a) the extent to which the housing accommodation in the area as a whole is occupied by tenants or owner-occupiers and the extent to which it is local authority housing;

(b) the physical state and design of the housing accommodation in the area and any need to repair or improve it;

(c) the way in which the local authority housing in the area is being managed; and

(d) the living conditions of those who live in the area and the social conditions and general environment of the area.

(6) An area designated by an order under this section shall be known as a housing action trust area and in the following provisions of this Part of this Act—

(a) such an area is referred to as a “designated area”; and

(b) an order under this section is referred to as a “designation order”.

61 Consultation and publicity. E+W

(1) Before making a designation order [F235 in relation to Wales], the Secretary of State shall consult every local housing authority any part of whose district is to be included in the proposed designated area.

(2) Where the Secretary of State is considering a proposal to make a designation order, he shall use his best endeavours to secure that notice of the proposal is given to all tenants of houses in the area proposed to be designated who are either secure tenants [F236 or introductory tenants] or tenants of such description as may be prescribed by regulations.

(3) After having taken the action required by subsection (2) above, the Secretary of State shall either—

(a) make arrangements for such independent persons as appear to him to be appropriate to conduct, in such manner as seems best to them, a ballot or poll of the tenants who have been given notice of the proposal as mentioned in that subsection with a view to establishing their opinions about the proposal to make a designation order; or

(b) if it seems appropriate to him to do so, arrange for the conduct of a ballot or poll of those tenants in such manner as appears to him best suited to establish their opinions about the proposal.

(4) If it appears from a ballot or poll conducted as mentioned in subsection (3) above that a majority of the tenants who, on that ballot or poll, express an opinion about the proposal to make the designation order are opposed to it, the Secretary of State shall not make the order proposed.

(5) The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Consultation undertaken before the passing of this Act shall constitute as effective compliance with subsection (1) above as if undertaken after that passing.

Textual Amendments

F235 Words in s. 61(1) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(l), Sch. 22 para. 9

F236 Words in s. 61(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(a)

62 Housing action trusts. E+W

(1) Subject to subsection (2) below, where the Secretary of State makes a designation order, he shall, in that order or by a separate order, either—

(a) establish a housing action trust for the designated area; or

(b) specify as the housing action trust for the designated area a housing action trust already established for another designated area.

(2) Such a separate order as is referred to in subsection (1) above shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(3) Subject to subsection (4) below, a housing action trust shall be a body corporate by such name as may be prescribed by the order establishing it.

(4) Where the Secretary of State makes the provision referred to in subsection (1)(b) above,—

(a) the housing action trust specified in the order shall, by virtue of the order, be treated as established for the new designated area (as well as for any designated area for which it is already established); and

(b) the order may alter the name of the trust to take account of the addition of the new designated area.

(5) Schedule 7 to this Act shall have effect with respect to the constitution of housing action trusts and Schedule 8 to this Act shall have effect with respect to their finances.

(6) It is hereby declared that a housing action trust is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and that the trust’s property is not to be regarded as the property of, or property held on behalf of, the Crown.

(7) At the end of section 4 of the M36 Housing Act 1985 (descriptions of authority) there shall be added—

“(f) “housing action trust” means a housing action trust established under Part III of the Housing Act 1988”; and at the end of section 14 of the M37 Rent Act 1977 (landlord’s interest belonging to local authority etc.) there shall be added—

“(h) a housing action trust established under Part III of the Housing Act 1988”.

Marginal Citations

M36 1985 c. 68.

M37 1977 c. 42.

63 Objects and general powers of housing action trusts. E+W

(1) The primary objects of a housing action trust in relation to the designated area for which it is established shall be—

(a) to secure the repair or improvement of housing accommodation for the time being held by the trust;

(b) to secure the proper and effective management and use of that housing accommodation;

(c) to encourage diversity in the interests by virtue of which housing accommodation in the area is occupied and, in the case of accommodation which is occupied under tenancies, diversity in the identity of the landlords; and

(d) generally to secure or facilitate the improvement of living conditions [F237 of those living] in the area and the social conditions and general environment of the area.

(2) Without prejudice to subsection (1) above, a housing action trust may—

(a) provide and maintain housing accommodation; and

(b) facilitate the provision of shops, advice centres and other facilities for the benefit of the community or communities who live in the designated area.

[F238 (2A) For the avoidance of doubt it is hereby declared that it is immaterial for the purposes of this section whether action taken by a housing action trust for achieving its objects or exercising the powers conferred on it by subsection (2) above also—

(a) benefits persons who do not live in the designated area; or

(b) improves the social conditions or general environment of an area outside the designated area.]

(3) For the purpose of achieving its objects and exercising the powers conferred on it by subsection (2) above, a housing action trust may—

(a) acquire, hold, manage, reclaim and dispose of land and other property;

(b) carry out building and other operations;

(c) seek to ensure the provision of water, electricity, gas, sewerage and other services; and

(d) carry on any business or undertaking;

and may generally do anything necessary or expedient for the purposes of those objects and powers or for purposes incidental thereto.

(4) For the avoidance of doubt it is hereby declared that subsection (3) above relates only to the capacity of a housing action trust as a statutory corporation; and nothing in this section authorises such a trust to disregard any enactment or rule of law.

F239 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A transaction between any person and a housing action trust shall not be invalidated by reason of any failure by the trust to observe the objects in subsection (1) above or the requirement that the trust shall exercise the powers conferred by subsections (2) and (3) above for the purpose referred to in that subsection.

Textual Amendments

F237 Words in s. 63(1)(d) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 25(1)(a); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

F238 S. 63(2A) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 25(1)(b); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

F239 S. 63(5) repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3; S.I. 2000/566, art. 2(1)

64 The housing action trust’s proposals for its area. E+W

(1) As soon as practicable after a housing action trust has been established for a designated area, the trust shall prepare a statement of its proposals with regard to the exercise of its functions in [F240 relation to] the area.

(2) The trust shall consult every local housing authority or county council, any part of whose area lies within the designated area, with regard to the proposals contained in the statement prepared under subsection (1) above.

(3) A housing action trust shall take such steps as it considers appropriate to secure—

(a) that adequate publicity is given in the designated area to the proposals contained in the statement prepared under subsection (1) above;

(b) that those who live in the designated area are made aware that they have an opportunity to make, within such time as the trust may specify, representations to the trust with respect to those proposals; and

(c) that those who live in the designated area are given an adequate opportunity of making such representations;

and the trust shall consider any such representations as may be made within the time specified.

(4) As soon as may be after a housing action trust has complied with the requirements of subsections (1) to (3) above it shall send to the Secretary of State a copy of the statement prepared under subsection (1) above together with a report of—

(a) the steps the trust has taken to consult as mentioned in subsection (2) above and to secure the matters referred to in subsection (3) above; and

(b) the consideration it has given to points raised in the course of consultation and to representations received.

(5) At such times as a housing action trust considers appropriate or as it may be directed by the Secretary of State, the trust shall prepare a further statement of its proposals with regard to the exercise of its functions in [F240 relation to] its area; and subsections (2) to (4) above shall again apply as they applied in relation to the first statement.

Textual Amendments

F240 Words in s. 64(1)(5) inserted (1.10.1996) by 1996 c. 52, s. 22, Sch. 18 Pt. IV para. 25(2); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

Functions E+W

65 Housing action trust as housing authority etc. E+W

(1) If the Secretary of State so provides by order, in a designated area or, as the case may be, in such part of the area as may be specified in the order, the housing action trust for the area shall have such of the functions described in subsection (2) below as may be so specified.

(2) The functions referred to in subsection (1) above are—

(a) the functions conferred on a local housing authority by Parts II, VI, VII and IX to [F241 XI] and XVI of the M38 Housing Act 1985 and section 3(1) of the M39 Chronically Sick and Disabled Persons Act 1970;

(b) the functions conferred by Part II of the M40 Housing Associations Act 1985 on a local authority, within the meaning of that Act; and

(c) the functions conferred by sections 39 to 41 of the M41 Land Compensation Act 1973 on the authority which is “the relevant authority” for the purposes of section 39 of that Act.

(3) As respects the designated area or part thereof to which an order under this section applies, on the coming into force of the order, any function conferred on a housing action trust by the order shall, according to the terms of the order, be exercisable either—

(a) by the trust instead of by the authority by which, apart from the order, the function would be exercisable; or

(b) by the trust concurrently with that authority.

(4) Any enactment under which a housing action trust is to exercise a function by virtue of an order under this section shall have effect—

(a) in relation to the trust, and

(b) where the trust is to have the function concurrently with another authority, in relation to that authority,

subject to such modifications (if any) as may be specified in the order.

(5) Where a housing action trust is to exercise functions conferred on a local housing authority by any of Parts VI, VII, IX and XI of the Housing Act 1985, section 36 of the M42 Local Government Act 1974 (recovery by local authorities of establishment charges) shall apply to the housing action trust as if it were a local authority within the meaning of that section.

(6) Such (if any) of the provisions of Parts XVII and XVIII of the Housing Act 1985 (compulsory purchase, land acquisition and general provisions) as may be specified in an order under this section shall have effect in relation to a housing action trust subject to such modifications as may be specified in the order.

(7) An order under this section—

(a) may contain such savings and transitional and supplementary provisions as appear to the Secretary of State to be appropriate; and

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

Textual Amendments

F241 Word in s. 65(2)(a) substituted (3.5.1997) by 1996 c. 62, s. 80(2)(b); S.I. 1997/350, art. 2

Marginal Citations

M38 1985 c. 68.

M39 1970 c. 44.

M40 1985 c. 69.

M41 1973 c. 26.

M42 1974 c. 7.

66 Planning control. E+W

(1) A housing action trust may submit to the Secretary of State proposals for the development of land within its designated area and the Secretary of State, after consultation with the local planning authority within whose area the land is situated and with any other local authority which appears to him to be concerned, may approve any such proposals either with or without modification.

(2) Without prejudice to the generality of the powers conferred by [F242 sections 59 to 61 of the 1990 Act], a special development order made by the Secretary of State under [F242 section 59] with respect to a designated area may grant permission for any development of land in accordance with proposals approved under subsection (1) above, subject to such conditions, if any (including conditions requiring details of any proposed development to be submitted to the local planning authority), as may be specified in the order.

(3) The Secretary of State shall give to a housing action trust such directions with regard to the disposal of land held by it and with respect to the development by it of such land as appear to him to be necessary or expedient for securing, so far as practicable, the preservation of any features of special architectural or historical interest and, in particular, of any buildings included in any list compiled or approved or having effect as if compiled or approved under [F243 section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990] (which relates to the compilation or approval by the Secretary of State of lists of buildings of special architectural or historical interest).

(4) Any reference in this section to the local planning authority,—

(a) in relation to land in [F244 Wales,] Greater London or a metropolitan county, is a reference to the authority which is the local planning authority as ascertained in accordance with [F245 sections 1 and 2 of the 1990 Act]; and

(b) in relation to other land, is a reference to the district planning authority and also (in relation to proposals for any development which is a county matter, as defined in [F246 paragraph 1 of Schedule 1 to the 1990 Act]) to the county planning authority.

Textual Amendments

F242 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(2)(a)

F243 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(2)(b)

F244 Word in s. 66(4)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 9(1) (with ss. 54(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, 3, Sch. 1

F245 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(2)(c)

F246 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(2)(d)

67 Housing action trust as planning authority. E+W

(1) [F247 The Secretary of State may by order provide that, for such purposes of Part III of the 1990 Act and sections 67 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990,] and in relation to such kinds of development as may be specified in the order, a housing action trust shall be the local planning authority for the whole or such part as may be so specified of its designated area . . . F248

(2) An order under subsection (1) above may provide—

(a) that any enactment relating to local planning authorities shall not apply to the trust; and

(b) that any such enactment which applies to the trust shall apply to it subject to such modifications as may be specified in the order.

(3) An order made by the Secretary of State may provide—

(a) that, subject to any modifications specified in the order, a housing action trust specified in the order shall have, in the whole or any part of its designated area . . . F249 , such of the functions conferred by [F250 the provisions mentioned in subsection (3A) below] as may be so specified; and

(b) that such of the provisions of [F251 Part VI and sections 249 to 251 and 258 of the 1990 Act and sections 32 to 37 of the Planning (Listed Buildings and Conservation Areas) Act 1990] as are mentioned in the order shall have effect, in relation to the housing action trust specified in the order and to land in the trust’s area, subject to the modifications there specified.

[F252 (3A) The provisions referred to in subsection (3)(a) above are sections 96, 100, 104 [F253 171C, 171D],172 to 185, 187 to 202, 206 to 222, 224, 225, 231 and 320 to 336 of and paragraph 11 of Schedule 9 to the 1990 Act, Chapters I, II and IV of Part I and sections 54 to 56, 59 to 61, 66, 68 to 72, 74 to 76 and 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and sections 4 to 15, 17 to 21, 23 to [F254 26AA, 36 and 36A] of the Planning (Hazardous Substances) Act 1990.]

(4) An order under subsection (3) above may provide that, for the purposes of any of the provisions specified in the order, any enactment relating to local planning authorities shall apply to the housing action trust specified in the order subject to such modifications as may be so specified.

(5)(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F255

(7) Any power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and any such order shall have effect subject to such savings and transitional provisions as may be specified in the order.

Textual Amendments

F247 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 paras. 79(3)(a)

F248 Words repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), ss. 3, 4, Sch. 1 Pt. I, Sch. 2 para. 79(3)(a)

F249 Words repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 3, Sch. 1 Pt. I

F250 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(3)(b)(i)

F251 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(3)(b)(ii)

F252 S. 67(3A) inserted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(3)(c)

F253 Words in s. 67(3A) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7, para.7 (with s. 84(5)); S.I. 1991/2905, art.3, Sch.

F254 Words in s. 67(3A) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3, Pt. II, para.18 (with s. 84(5)); S.I. 1991/2905, art.3

F255 S. 67(5)(6) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), ss. 3, 4, Sch. 1 Pt. I, Sch. 2 para. 79(3)(d)

68 Public health. E+W

(1) The Secretary of State may by order provide that, in relation to premises comprising or consisting of housing accommodation, a housing action trust shall have in its designated area (or in such part of its designated area as may be specified in the order) the functions conferred on a local authority—

(a) by sections 83 and 84 of the M43 Public Health Act 1936 (the “1936 Act”) and section 36 of the M44 Public Health Act 1961 (all of which relate to filthy or verminous premises or articles);

(b) by any enactment contained in Part III (nuisances and offensive trades) of the 1936 Act;

(c) by so much of Part XII of the 1936 Act as relates to any of the enactments mentioned in paragraphs (a) and (b) above; and

(d) by Part I of the M45 Prevention of Damage by Pests Act 1949 (rats and mice).

(2) On the order coming into force, the trust shall have the functions conferred in relation to the designated area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

(3) The order may provide that any enactment under which the trust is to exercise functions by virtue of the order shall have effect in relation to the trust and, where the trust is to have any function concurrently with another authority, in relation to that authority, as modified by the order.

(4) Where an order under this section provides that a housing action trust shall have the functions conferred upon a local authority by Part III of the 1936 Act, section 36 of the M46 Local Government Act 1974 (recovery by local authorities of establishment charges) shall apply to the housing action trust as if it were a local authority within the meaning of that section.

(5) The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(6) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M43 1936 c. 49.

M44 1961 c. 64.

M45 1949 c. 55.

M46 1974 c. 7.

69 Highways. E+W

(1) When any street works have been executed [F256 on any land in a designated area which was then or has since become a private street (or part of a private street)], the housing action trust may serve a notice on the street works authority requiring it to declare the street (or part) to be a highway which for the purposes of the M47 Highways Act 1980 is a highway maintainable at the public expense.

(2) Within the period of two months beginning on the date of the service of a notice under subsection (1) above, the street works authority may appeal against the notice to the Secretary of State F257 . . .

(3) After considering any representations made to him by the housing action trust and the street works authority, the Secretary of State shall determine an appeal under subsection (2) above by setting aside or confirming the notice under subsection (1) above (with or without modifications).

(4) Where, under subsection (3) above, the Secretary of State confirms a notice,—

(a) he may at the same time impose conditions (including financial conditions) upon the housing action trust with which the trust must comply in order for the notice to take effect, and

(b) the highway (or part) shall become a highway maintainable at the public expense with effect from such date as the Secretary of State may specify.

(5) Where a street works authority neither complies with the notice under subsection (1) above, nor appeals under subsection (2) above, the street (or part) concerned shall become a highway maintainable at the public expense upon the expiry of the period of two months referred to in subsection (2) above.

(6) In this section “private street” and “street works authority” have the same meanings as in Part XI of the M48 Highways Act 1980.

Textual Amendments

F256 Words in s. 69(1) substituted (11.10.1993) by 1993 c. 28, s. 182(1); S.I. 1993/2134, arts. 2, 4

F257 Words in s. 69(2) repealed (11.10.1993) by 1993 c. 28, ss. 182(2), 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4

Marginal Citations

M47 1980 c. 66.

M48 1980 c. 66.

F258 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F258 S. 70 repealed (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2 (subject to transitional provisions in Sch. para. 1)

71 Power to give financial assistance. E+W

(1) For the purpose of achieving its objects a housing action trust may, with the consent of the Secretary of State, give financial assistance to any person.

(2) Financial assistance under subsection (1) above may be given in any form and, in particular, may be given by way of—

(a) grants,

(b) loans,

(c) guarantees,

(d) incurring expenditure for the benefit of the person assisted, or

(e) purchasing loan or share capital in a company.

(3) Financial assistance under subsection (1) above may be given on such terms as the housing action trust, with the consent of the Secretary of State, considers appropriate.

(4) Any consent under this section—

(a) may be given either unconditionally or subject to conditions; and

(b) may be given in relation to a particular case or in relation to such description of cases as may be specified in the consent;

and the reference in subsection (3) above to the consent of the Secretary of State is a reference to his consent given with the approval of the Treasury.

(5) The terms referred to in subsection (3) above may, in particular, include provision as to—

(a) the circumstances in which the assistance must be repaid or otherwise made good to the housing action trust and the manner in which that is to be done; or

(b) the circumstances in which the housing action trust is entitled to recover the proceeds or part of the proceeds of any disposal of land or buildings in respect of which assistance was provided.

(6) Any person receiving assistance under subsection (1) above shall comply with the terms on which it is given and compliance may be enforced by the housing action trust.

72 Directions as to exercise of functions. E+W

(1) In the exercise of its functions, a housing action trust shall comply with any directions given by the Secretary of State.

(2) Directions given by the Secretary of State may be of a general or particular character and may be varied or revoked by subsequent directions.

(3) The Secretary of State shall publish any direction given under this section.

(4) A transaction between any person and a housing action trust acting in purported exercise of its powers under this Part of this Act shall not be void by reason only that the transaction was carried out in contravention of a direction given under this section; and a person dealing with a housing action trust shall not be concerned to see or enquire whether a direction under this section has been given or complied with.

73 Transfer of functions. E+W

(1) If, in the case of any designated area, it appears to the Secretary of State that it is expedient that the functions of a housing action trust established for the area should be transferred—

(a) to the housing action trust established for another designated area, or

(b) to a new housing action trust to be established for the area,

he may by order provide for the dissolution of the first-mentioned trust and for the transfer of its functions, property, rights and liabilities to the trust referred to in paragraph (a) above, or, as the case may be, to a new housing action trust established for the area by the order.

(2) Where an order under this section provides for the functions of a housing action trust established for a designated area to be transferred to the housing action trust established for another designated area—

(a) the latter trust shall, by virtue of the order, be treated as established for the first-mentioned designated area (as well as the area referred to in subsection (1)(a) above); and

(b) the order may alter the name of the latter trust in such manner as appears to the Secretary of State to be expedient.

(3) Before making an order under this section the Secretary of State shall consult the housing action trust whose functions are to be transferred and also, in a case falling within subsection (1)(a) above, the housing action trust to whom the functions are to be transferred.

(4) An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

Transfer of housing accommodation etc. E+W

74 Transfer of land and other property to housing action trusts. E+W

(1) The Secretary of State may by order provide for the transfer from a local housing authority to a housing action trust of—

(a) all or any of the authority’s local authority housing situated in the designated area; and

(b) any other land held or provided in connection with that local authority housing.

(2) Without prejudice to the powers under subsection (1) above, if in the opinion of the Secretary of State a housing action trust requires for the purposes of its functions any land which, though not falling within that subsection, is situated in the designated area and held (for whatever purpose) by a local authority, the Secretary of State may by order provide for the transfer of that land to the trust.

(3) The Secretary of State may by order transfer from a local housing authority or other local authority to a housing action trust so much as appears to him to be appropriate of any property which is held or used by the authority in connection with any local authority housing or other land transferred to the trust under subsection (1) or subsection (2) above; and for this purpose “property” includes chattels of any description and rights and liabilities, whether arising by contract or otherwise.

(4) A transfer of any local authority housing or other land or property under the preceding provisions of this section shall be on such terms, including financial terms, as the Secretary of State thinks fit; and an order under this section may provide that, notwithstanding anything in section 141 of the M49 Law of Property Act 1925 (rent and benefit of lessee’s covenants to run with the reversion), any rent or other sum which—

(a) arises under a tenancy of any local authority housing or other land transferred to the housing action trust under subsection (1) or subsection (2) above, and

(b) falls due before the date of the transfer,

shall continue to be recoverable by the local housing authority or, as the case may be, the local authority to the exclusion of the trust and of any other person in whom the reversion on the tenancy may become vested.

(5) Without prejudice to the generality of subsection (4) above, the financial terms referred to in that subsection may include provision for payments by a local authority (as well as or instead of payments to a local authority); and the transfer from a local housing authority or other local authority of any local authority housing or other land or property by virtue of this section shall not be taken to give rise to any right to compensation.

(6) Where an order is made under this section—

(a) payments made by a local authority as mentioned in subsection (5) above shall be [F259 [F260 capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance)];]

(b) unless the order otherwise provides, payments made to a local authority as mentioned in subsection (5) above shall be regarded for the purposes of [F261 section 9(1) of that Act as sums received by the authority in respect of the disposal by it of an interest in a capital asset.]

(7) Any power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In this section “local authority” means any of the following—

(a) a local housing authority;

(b) the council of a county;

(c) the Inner London Education Authority;

(d) an authority established by an order under section 10(1) of the M50 Local Government Act 1985 (waste disposal);

(e) a joint authority established by Part IV of that Act; F262 . . .

(f) a residuary body established by Part VII of that Act;

[F263 (fa) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

(fb) a combined authority established under section 103 of that Act;]

[F264 (fc) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;]

[F265 (g) the London Fire Commissioner.]

Textual Amendments

F259 Words substituted by S.I. 1990/778, art. 2, Sch. para. 1(a)

F260 Words in s. 74(6)(a) substituted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 238(1)(a), 245; S.I. 2008/172, art. 2(1)(t) (as amended by S.I. 2008/337. art. 3)

F261 Words in s. 74(6)(b) substituted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 238(1)(b), 245; S.I. 2008/172, art. 2(1)(t) (as amended by S.I. 2008/337. art. 3)

F262 Word in s. 74(8)(e) repealed (3.7.2000) by 1999 c. 29, s. 423, Sch. 34 Pt. VIII (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(i)

F263 S. 74(8)(fa)(fb) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(8), 149, Sch. 6 para. 79(2); S.I. 2009/3318, art. 2

F264 S. 74(8)(fc) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 57; S.I. 2017/399, reg. 2, Sch. para. 38

F265 S. 74(8)(g) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 82; S.I. 2018/227, reg. 4(c)

Marginal Citations

M49 1925 c. 20.

M50 1985 c. 51.

75 Supplementary provisions as to transfer orders. E+W

(1) In this section a “transfer order” means an order under any of subsections (1) to (3) of section 74 above and, in relation to a transfer order, “the transferor authority” means the local housing authority or other local authority from whom local authority housing or other land or property is or is to be transferred by the order.

(2) Before making a transfer order, the Secretary of State shall consult the transferor authority with respect to—

(a) the local authority housing or other land or property which it is proposed should be transferred by the order; and

(b) the terms of the proposed transfer.

(3) Before making a transfer order with respect to any local authority housing or other land, the Secretary of State shall take such steps as appear to him to be appropriate to bring the proposed transfer to the attention of any secure tenant [F266 or introductory tenant] or other person (other than a local authority) having an interest in the property proposed to be transferred as lessor, lessee, mortgagor or mortgagee.

(4) In connection with any transfer made by it, a transfer order may contain such incidental, consequential, transitional or supplementary provisions as appear to the Secretary of State to be necessary or expedient and, in particular, may—

(a) apply, with or without modification, any provision made by or under any enactment; and

(b) modify the operation of any provision made by or under any enactment.

Textual Amendments

F266 Words in s. 75(3) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(b)

Vesting and acquisition of land E+W

76 Vesting by order in housing action trust. E+W

(1) Subject to subsections (2) and (3) below, the Secretary of State may by order provide that land specified in the order which is vested in statutory undertakers or any other public body or in a wholly-owned subsidiary of a public body shall vest in a housing action trust established or to be established for the designated area in which the land is situated.

(2) An order under this section may not specify land vested in statutory undertakers which is used for the purpose of carrying on their statutory undertakings or which is held for that purpose.

(3) In the case of land vested in statutory undertakers, the power to make an order under this section shall be exercisable by the Secretary of State and the appropriate Minister.

(4) Part I of Schedule 9 to this Act shall have effect for supplementing the preceding provisions of this section.

(5) An order under this section shall have the same effect as a declaration under the M51 Compulsory Purchase (Vesting Declarations) Act 1981 except that, in relation to such an order, the enactments mentioned in Part II of Schedule 9 to this Act shall have effect subject to the modifications specified in that Part.

(6) Compensation under the M52 Land Compensation Act 1961, as applied by subsection (5) above and Part II of Schedule 9 to this Act, shall be assessed by reference to values current on the date the order under this section comes into force.

[(6A) No order shall be made under this section in relation to a universal service provider (within the meaning of [F267 Part 3 of the Postal Services Act 2011]).]

(7) An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

Textual Amendments

F267 Words in s. 76(6A) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 129; S.I. 2011/2329, art. 3

Modifications etc. (not altering text)

C37 S. 76(6A) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 75(2)

Marginal Citations

M51 1981 c. 66.

M52 1961 c. 33.

77 Acquisition by housing action trust. E+W

(1) For the purposes of achieving its objects (and performing any of its functions), a housing action trust may acquire land within its designated area by agreement or, on being authorised to do so by the Secretary of State, compulsorily.

(2) A housing action trust may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily)—

(a) land adjacent to the designated area which the trust requires for purposes connected with the discharge of its functions in the area; and

(b) land outside the designated area (whether or not adjacent to it) which the trust requires for the provision of services in connection with the discharge of its functions in the area.

(3) Where a housing action trust exercises its powers under subsection (1) or subsection (2) above in relation to land which forms part of a common or open space or fuel or field garden allotment, the trust may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily) land for giving in exchange for the land acquired.

(4) Subject to section 78 below, the M53 Acquisition of Land Act 1981 shall apply in relation to the compulsory acquisition of land in pursuance of the preceding provisions of this section.

(5) A housing action trust may be authorised by the Secretary of State, by means of a compulsory purchase order, to purchase compulsorily such new rights as are specified in the order—

(a) being rights over land in the designated area and which the trust requires for the purposes of its functions;

(b) being rights over land adjacent to the designated area and which the trust requires for purposes connected with the discharge of its functions in the area; and

(c) being rights over land outside the designated area (whether or not adjacent to it) and which the trust requires for the provision of services in connection with the discharge of its functions in the area.

(6) In subsection (5) above—

(a) “new rights” means rights which are not in existence when the order specifying them is made; and

(b) “compulsory purchase order” has the same meaning as in the Acquisition of Land Act 1981;

and Schedule 3 to that Act shall apply to a compulsory purchase of a right by virtue of subsection (5) above.

(7) The provisions of Part I of the M54 Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply in relation to the acquisition of land by agreement under this section; and in that Part as so applied “land” has the meaning given by the M55 Interpretation Act 1978.

Marginal Citations

M53 1981 c. 67.

M54 1965 c. 56.

M55 1978 c. 30.

78 Supplementary provisions as to vesting, acquisition and compensation. E+W

(1) The M56 Acquisition of Land Act 1981, as applied by section 77 above, shall have effect subject to the modifications in Part I of Schedule 10 to this Act.

(2) The supplementary provisions in Parts II and III of that Schedule shall have effect, being,—

(a) as to those in Part II, provisions about land vested in or acquired by a housing action trust under this Part of this Act; and

(b) as to those in Part III, provisions about the acquisition by a housing action trust of rights over land under section 77(5) above.

F268 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F268 S. 78(3)(4) omitted (22.9.2017) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 32(6), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4)

Marginal Citations

M56 1981 c. 67.

Disposals of land E+W

79 Disposal of land by housing action trusts. E+W

(1) Subject to subsection (2) below and any directions given by the Secretary of State, a housing action trust may, with the consent of the Secretary of State, dispose of any land for the time being held by it to such persons, in such manner and on such terms as it considers expedient for the purpose of achieving its objects.

(2) A housing action trust may not dispose of a house which is for the time being subject to a secure tenancy [F269 or an introductory tenant] except—

[F270 (za) to a non-profit registered provider of social housing,]

[F271 (a) to a registered social landlord (within the meaning of Part I of the Housing Act 1996), or]

(b) to a local housing authority or other local authority F272 . . .;

but this subsection does not apply to a disposal under Part V of the M57 Housing Act 1985 (the right to buy).

(3) The reference in subsection (1) above to disposing of land includes a reference to granting an interest in or right over land and, in particular, the granting of an option to purchase the freehold of, or any other interest in, land is a disposal for the purposes of that subsection; and a consent under that subsection given to such a disposal extends to a disposal made in pursuance of the option.

(4) The consent of the Secretary of State referred to in subsection (1) above may be given—

(a) either generally to all housing action trusts or to a particular trust or description of trust;

(b) either in relation to particular land or in relation to land of a particular description; and

(c) subject to conditions.

(5) Without prejudice to the generality of subsection (4)(c) above, consent under subsection (1) above may, in particular, be given subject to conditions as to the price, premium or rent to be obtained by the housing action trust on the disposal, including conditions as to the amount by which, on the disposal of a house by way of sale or by the grant or assignment of a lease at a premium, the price or premium is to be, or may be, discounted by the housing action trust.

[F273 (5A) Subsection (2) above has effect as if the saving effected by paragraph 9 of the Schedule to the Housing Act 1996 (Commencement No. 3 and Transitional Provisions) Order 1996 related also to disposals of houses subject to introductory tenancies. ]

F274 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) In section 45(2)(b) of the M58 Housing Act 1985 (which defines “public sector authority” for the purposes of provisions of that Act restricting service charges payable after disposal of a house) after the entry “an urban development corporation” there shall be inserted “a housing action trust”.

(12) A housing action trust shall be treated as a local authority for the purposes of sections 18 to 30 of the M59 Landlord and Tenant Act 1985 (service charges).

(13) The provisions of Schedule 11 to this Act shall have effect in the case of certain disposals of houses by a housing action trust.

Textual Amendments

F269 Words in s. 79(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(c)

F270 S. 79(2)(za) 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. 70 (with art. 6, Sch. 3)

F271 S. 79(2): paragraph (a) and word “or” at the end of the paragraph substituted (1.10.1996) by 1996 c. 52, s. 55, Sch. 3 para. 11 (with s. 51(4); S.I. 1996/2402, art. 3

F272 Words in s. 79(2)(b) repealed (11.10.1993) by 1993 c. 28, ss. 124(1), 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4, Sch. 2 (with Sch. 1 para. 5).

F273 S. 79(5A) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(d)

F274 S. 79(6)-(10) repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3

Modifications etc. (not altering text)

C38 S. 79(1)(2) excluded (1.11.1993) by 1993 c. 28, ss. 37, 56(7), Sch. 10 para. 1(2)(c); S.I. 1993/2134, arts. 2, 5

Marginal Citations

M57 1985 c. 68.

M58 1985 c. 68.

M59 1985 c. 70.

80 Disposals made without consent. E+W

(1) Any disposal of a house by a housing action trust which is made without the consent required by section 79(1) above is void unless—

(a) the disposal is to an individual (or to two or more individuals); and

(b) the disposal does not extend to any other house.

(2) Subject to subsection (1) above,—

(a) a disposal of any land made by a housing action trust shall not be invalid by reason only that it is made without the consent required by section 79(1) above; and

(b) a person dealing with a housing action trust or with a person claiming under such a trust shall not be concerned to see or enquire whether any consent required by section 79(1) above has been obtained.

81 Consent required for certain subsequent disposals. E+W

(1) If, by a material disposal, a housing action trust disposes of a house which is for the time being subject to a secure tenancy [F275 or an introductory tenancy] to such a person as is mentioned in [F276 section 79(2)(a) ] above (in this section referred to as an “approved person”), the conveyance shall contain a statement that the requirement of this section as to consent applies to a subsequent disposal of the house by the approved person.

(2) For the purposes of this section a “material disposal” is—

(a) the transfer of the fee simple;

(b) the transfer of an existing lease; or

(c) the grant of a new lease; and “the conveyance” means the instrument by which such a disposal is effected.

(3) An approved person who acquires a house on a material disposal falling within subsection (1) above shall not dispose of it except with the consent of the [F277 appropriate authority] which may be given either unconditionally or subject to conditions; but nothing in this subsection shall apply in relation to an exempt disposal as defined in subsection (8) below.

[F278 (3A) In this section “the appropriate authority” means—

F279 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in relation to [F280 a ] disposal of land in England, the Secretary of State, and

(c) in relation to a disposal of land in Wales, the Welsh Ministers.]

(4) Where an estate or interest in a house acquired by an approved person as mentioned in subsection (3) above has been mortgaged or charged, the prohibition in that subsection applies also to a disposal by the mortgagee or chargee in exercise of a power of sale or leasing, whether or not the disposal is in the name of the approved person; and in any case where—

(a) by operation of law or by virtue of an order of a court, property which has been acquired by an approved person passes or is transferred to another person, and

(b) that passing or transfer does not constitute a disposal for which consent is required under subsection (3) above,

this section (including, where there is more than one such passing or transfer, this subsection) shall apply as if the other person to whom the property passes or is transferred were the approved person.

(5) Before giving consent in respect of a disposal to which subsection (3) above applies, the [F281 appropriate authority]—

(a) shall satisfy [F282 itself] that the person who is seeking the consent has taken appropriate steps to consult every tenant of any house proposed to be disposed of; and

(b) shall have regard to the responses of any such tenants to that consultation.

F283 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) No consent shall be required under F284 ... [F285 section 9 or 42 of the Housing Act 1996 or section 9 of the Housing Associations Act 1985] for any disposal in respect of which consent is given [F286 under this section].

(8) In this section an “exempt disposal” means—

(a) the disposal of a dwelling-house to a person having the right to buy it under Part V of the M60 Housing Act 1985 (whether the disposal is in fact made under that Part or otherwise);

[F287 (ab) the disposal of a dwelling-house to a person having the right to acquire it under [F288 section 180 of the Housing and Regeneration Act 2008 or] Part I of the Housing Act 1996 (see sections 16 and 17 of that Act), whether or not the disposal is in fact made under provisions having effect by virtue of section 17 of that Act]

(b) a compulsory disposal, within the meaning of Part V of the Housing Act 1985;

(c) the disposal of an easement or rentcharge;

(d) the disposal of an interest by way of security for a loan;

(e) the grant of a secure tenancy or what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule I to the Housing Act 1985;

(f) the grant of an assured tenancy or an assured agricultural occupancy, within the meaning of Part I of this Act, or what would be such a tenancy or occupancy but for any of paragraphs 4 to 8 of Schedule I to this Act; and

(g) the transfer of an interest held on trust for any person where the disposal is made in connection with the appointment of a new trustee or in connection with the discharge of any trustee.

(9) Where the title of a housing action trust to a house which is disposed of by a material disposal falling within subsection (1) above is not registered—

F289 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the housing action trust shall give the approved person a certificate stating that it is entitled to make the disposal subject only to such encumbrances, rights and interests as are stated in the conveyance or summarised in the certificate; and

(c) for the purpose of registration of title, the Chief Land Registrar shall accept such a certificate as evidence of the facts stated in it, but if as a result he has to meet a claim against him under the [F290 Land Registration Act 2002] the housing action trust is liable to indemnify him.

[F291 (10) Where the Chief Land Registrar approves an application for registration of—

(a) a disposition of registered land, or

(b) the approved person’s title under a disposition of unregistered land,

and the instrument effecting the disposition contains the statement required by subsection (1) above, he shall enter in the register a restriction reflecting the limitation under this section on subsequent disposal.]

(11) In this section references to disposing of a house include references to—

(a) granting or disposing of any interest in the house;

(b) entering into a contract to dispose of the house or to grant or dispose of any such interest; and

(c) granting an option to acquire the house or any such interest;

and any reference to a statement or certificate is a reference to a statement or, as the case may be, certificate in a form approved by the Chief Land Registrar.

Textual Amendments

F275 Words in s. 81(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(e)

F276 Words in s. 81(1) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 3(2); S.I. 2017/75, reg. 4

F277 Words in s. 81(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 191(2)(a), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F278 S. 81(3A) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 191(2)(b), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F279 S. 81(3A)(a) omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 3(3)(a); S.I. 2017/75, reg. 4

F280 Word in s. 81(3A)(b) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 3(3)(b); S.I. 2017/75, reg. 4

F281 Words in s. 81(5) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 191(2)(c), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F282 Word in s. 81(5)(a) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 191(2)(d), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F283 S. 81(6) repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 191(2)(e), 325(1), Sch. 16 (with s. 189); S.I. 2010/862, arts. 2, 3 (with Sch.)

F284 Words in s. 81(7) omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 3(4); S.I. 2017/75, reg. 4

F285 Words in s. 81(7) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(10)(b)

F286 Words in s. 81(7) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 68(b)(with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F287 S. 81(8)(ab) inserted (1.4.1997) by S.I. 1997/627, art. 2, Sch. para. 6

F288 Words in s. 81(8)(ab) 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. 71(4) (with art. 6, Sch. 3)

F289 S. 81(9)(a) repealed (1.4.1998) by 1997 c. 2, s. 4, Sch. 2 Pt. I; S.I. 1997/3036, art. 2(c)

F290 Words in s. 81(9)(c) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 133, 136(2), Sch. 11 para. 23(2) (with s. 129); S.I. 2003/1725, art. 2(1)

F291 S. 81(10) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 133, 136(2), Sch. 11 para. 23(3) (with s. 129); S.I. 2003/1725, art. 2(1)

Modifications etc. (not altering text)

C39 S. 81 excluded (1.11.1993) by 1993 c. 28, ss. 37, 56(6), Sch. 10 para. 1(2)(c); S.I. 1993/2134, arts. 2, 5

C40 S. 81: transfer of functions (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 190(b), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

C41 S. 81(6) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 1; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-11)

Marginal Citations

M60 1985 c. 68

82 [F292 Provision of] legal assistance to tenants after disposal. E+W

(1) This section applies where a house has been disposed of by a Corporation to disposal falling within section 79(2) above and, in relation to a house provide legal which has been so disposed of, a “transferred tenant” means a tenant of it assistance to who either—

(a) was the secure tenant [F293 or the introductory tenant] of the house immediately before the disposal; or

(b) is the widow [F294 , widower or surviving civil partner] of the person who was then the secure tenant [F293 or the introductory tenant] of it.

(2) On an application by a transferred tenant of a house who is a party or a prospective party to proceedings or prospective proceedings to determine any dispute between himself and the person who acquired the house on the disposal referred to in subsection (1) above, the [F295 appropriate authority] may give assistance to the transferred tenant if it thinks fit to do so—

(a) on the ground that the case raises a question of principle; or

(b) on the ground that it is unreasonable, having regard to the complexity of the case, or to any other matter, to expect the transferred tenant to deal with it without assistance; or

(c) by reason of any other special consideration.

(3) Assistance given by the [F295 appropriate authority] under this section may include—

(a) giving advice;

(b) procuring or attempting to procure the settlement of the matter in dispute;

(c) arranging for the giving of advice or assistance by a solicitor or counsel;

(d) arranging for representation by a solicitor or counsel, including such assistance as is usually given by a solicitor or counsel in the steps preli*minary or incidental to any proceedings, or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings; and

(e) any other form of assistance which the [F295 appropriate authority] may consider appropriate;

but paragraph (d) above does not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any proceedings.

(4) In so far as expenses are incurred by the [F295 appropriate authority] in providing a transferred tenant with assistance under this section, the recovery of those expenses (as taxed or assessed in such manner as may be prescribed by rules of court) shall constitute a first charge for the benefit of the [F295 appropriate authority]—

(a) on any costs which (whether by virtue of a judgment or order of a court or an agreement or otherwise) are payable to the tenant by any other person in respect of the matter in connection with which the assistance was given, and

(b) so far as relates to any costs, on his rights under any compromise or settlement arrived at in connection with that matter to avoid or bring to an end any proceedings;

but subject to any charge [F296 imposed by [F297 section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012] and any provision in, or made under, Part I of that Act for the payment of any sum to the [F298 Lord Chancellor]].

[F299 (5) In this section “the appropriate authority” means—

(a) in a case where the disposal mentioned in subsection (1) was to a private registered provider of social housing, the Regulator of Social Housing, and

(b) in a case where the disposal mentioned in that subsection was to a registered social landlord, the Welsh Ministers.]

Textual Amendments

F292 Words in s. 82 heading 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. 72(4) (with art. 6, Sch. 3)

F293 Words in s. 82(1)(a)(b) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(f)

F294 Words in s. 82(1)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263, Sch. 8 para. 42; S.I. 2005/3175, art. 2(1), Sch. 1

F295 Words in s. 82 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. 72(2) (with art. 6, Sch. 3)

F296 Words in s. 82(4) substituted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 paras. 42, 43 (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/774, art. 2(a)(ii)(iii) (with transitional provisions and savings in arts. 3-5)

F297 Words in s. 82(4) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 37(a); S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F298 Words in s. 82(4) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 37(b); S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F299 S. 82(5) 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. 72(3) (with art. 6, Sch. 3)

Modifications etc. (not altering text)

C42 S. 82 functions transferred (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-11)

C43 S. 82(3)(c)(d) amended (1.1.1992) by S.I. 1991/2684, arts. 2(1), 4, Sch. 1

C44 S. 82(3)(c)(d) applied (with modifications) (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), art. 1(2), Sch. 2

Secure tenancies and right to buy E+W

83 Application of Parts IV and V of Housing Act 1985. E+W

(1) Parts IV and V of the Housing Act 1985 (secure tenancies and the right to buy) shall be amended in accordance with this section.

(2) In section 80(1) (which lists the landlords whose tenancies can qualify as secure tenancies), after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.

(3) In section 108 (heating charges to secure tenants), in paragraph (a) of subsection (5) (the definition of “heating authority”) after the words “housing authority” there shall be inserted “or housing action trust”.

(4) In section 114 (meaning of “landlord authority” for the purposes of that Part), in each of subsections (1) and (2), after the entry specifying a development corporation, there shall be inserted— “ a housing action trust ”.

(5) In section 171 (power to extend right to buy where certain bodies hold an interest in a dwelling-house), in subsection (2), after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.

(6) In each of the following provisions (all of which relate to cases where premises are or were let to a person in consequence of employment), namely—

(a) paragraph 2(1) of Schedule I (tenancies which are not secure tenancies),

(b) Grounds 7 and 12 of Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies),

(c) Ground 5 of Schedule 3 (grounds for withholding consent to assignment by way of exchange), and

(d) paragraph 5 of Schedule 5 (exceptions to the right to buy),

after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.

(7) In Schedule 4 (qualifying period for right to buy and discount), inparagraph 7 (the landlord condition) after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.

84 Provisions applicable to disposals of dwelling-houses subject to secure tenancies. E+W

[F300 (1) The provisions of this section apply in any case where—

(a) a housing action trust proposes to make a disposal of one or more houses let on secure tenancies [F301 or introductory tenancies]which would result in a person who, before the disposal, is a secure tenant [F301 or an introductory tenant] of the trust becoming, after the disposal, the tenant of another person, and

(b) that other person is not a local housing authority or other local authority.]

[F302 (2) Before applying to the Secretary of State for consent to the proposed disposal or serving notice under subsection (4) below, the housing action trust shall serve notice in writing on any local housing authority in whose area any houses falling within subsection (1) above are situated—

(a) informing the authority of the proposed disposal and specifying the houses concerned, and

(b) requiring the authority within such period, being not less than 28 days, as may be specified in the notice, to serve on the trust a notice under subsection (3) below.

(3) A notice by a local housing authority under this subsection shall inform the housing action trust, with respect to each of the houses specified in the notice under subsection (2) above which is in the authority’s area, of the likely consequences for the tenant if the house were to be acquired by the authority.]

(4) Before applying to the Secretary of State for consent to the proposed disposal, and after the expiry of the period specified in the notice under subsection (2) above, the housing action trust shall serve notice in writing on the secure tenant [F303 or, as the case may be, introductory tenant]—

(a) informing him of the proposed disposal and of the name of the person to whom the disposal is to be made;

(b) containing such other details of the disposal as seem to the trust to be appropriate;

(c) informing him of the likely consequences of the disposal on his position as a secure tenant [F304 or an introductory tenant] and, if appropriate, of the effect of sections 171A to 171H of the M61 Housing Act 1985 (preservation of right to buy on disposal to private sector landlord);

[F305 (d) if the local housing authority in whose area the house of which he is tenant is situated has served notice under subsection (3) above, informing him (in accordance with the information given in the notice) of the likely consequences for him if the house were to be acquired by that authority;

(e) informing him, if he wishes to become a tenant of that authority, of his right to make representations to that effect under paragraph (f) below and of the rights conferred by section 84A below;]

(f) informing him of his right to make representations to the trust with respect to the proposed disposal within such period, being not less than 28 days, as may be specified in the notice.

[F306 (5) If, by virtue of any representations made to the housing action trust in accordance with subsection (4)(f) above, section 84A below applies in relation to any house or block of flats, the trust shall—

(a) serve notice of that fact on the Secretary of State, on the local housing authority and on the tenant of the house or each of the tenants of the block, and

(b) so amend its proposals with respect to the disposal as to exclude the house or block;

and in this subsection “ house ” and “ block of flats ” have the same meanings as in that section.

(5A) The housing action trust shall consider any other representations so made and, if it considers it appropriate to do so having regard to any of those representations—

(a) may amend (or further amend) its proposals with respect to the disposal, and

(b) in such a case, shall serve a further notice under subsection (4) above (in relation to which this subsection will again apply).]

(6) When applying to the Secretary of State for consent to the proposed disposal (as amended, where appropriate, by virtue of subsection (5) [F307 or subsection (5A)] above) the housing action trust shall furnish to him—

(a) a copy of any notice served on it under subsection (3) above or served by it under subsection (4) above;

(b) a copy of any representations received by the trust; and

(c) a statement of the consideration given by the trust to those representations.

(7) Without prejudice to the generality of section 72 above, where an application is made to the Secretary of State for consent to a disposal to which this section applies, [F308 or a disposal which would be such a disposal if subsection (1)(b) above were omitted,] the Secretary of State may, by a direction under that section, require the housing action trust—

(a) to carry out such further consultation [F309 or, as the case may be, such consultation] with respect to the proposed disposal as may be specified in the direction; and

(b) to furnish to him such information as may be so specified with respect to the results of that consultation.

[F310 (8) Notwithstanding the application to a housing action trust of Part IV of the M62 Housing Act 1985 (secure tenancies) of Chapter 1 of Part V of the Housing Act 1996 (introductory tenancies), a disposal falling within subsection (1) above shall be treated as not being a matter of housing management to which section 105 of the Act of 1985 applies (in the case of secure tenants) or section 137 of the Act of 1996 applies (in the case of introductory tenants).]

Textual Amendments

F300 S. 84(1) substituted (11.10.1993) by 1993 c. 28, s. 124(2); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

F301 Words in s. 84(1)(a) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(g)(i)(1)(2)

F302 S. 84(2)(3) substituted (11.10.1993) by 1993 c. 28, s. 125(1); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

F303 Words in s. 84(4) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(g)(ii)

F304 Words in s. 84(4)(c) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(g)(iii)

F305 S. 84(4)(d)(e) substituted (11.10.1993) by 1993 c. 28, s. 125(2); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

F306 S. 84(5)(5A) substituted (11.10.1993) for s. 84(5) by 1993 c. 28, s. 125(3); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

F307 Words in s. 84(6) inserted (11.10.1993) by 1993 c. 28, s. 125(4); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

F308 Words in s. 84(7) inserted (11.10.1993) by 1993 c. 28, s. 124(3)(a); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

F309 Words in s. 84(7) inserted (11.10.1993) by 1993 c. 28, s. 124(3)(b);S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

F310 S. 84(8) substituted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(g)(iv)

Modifications etc. (not altering text)

C45 S. 84 modified (11.10.1993) by 1993 c. 28, s. 124(5); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

Marginal Citations

M61 1985 c. 68.

M62 1985 c. 68.

[F311 84A Transfer by order of certain dwelling-houses let on secure tenancies. E+W

(1) This section applies in relation to any house or block of flats specified in a notice under subsection (2) of section 84 above if—

(a) in the case of a house, the tenant makes representations in accordance with paragraph (f) of subsection (4) of that section to the effect that he wishes to become a tenant of the local housing authority in whose area the house is situated; or

(b) in the case of a block of flats, the majority of the tenants who make representations in accordance with that paragraph make representations to the effect that they wish to become tenants of the local housing authority in whose area the block is situated.

(2) The Secretary of State shall by order provide for the transfer of the house or block of flats from the housing action trust to the local housing authority.

(3) The Secretary of State may also by order transfer from the housing action trust to the local housing authority so much as appears to the Secretary of State to be appropriate of any property belonging to or usually enjoyed with the house or, as the case may be, the block or any flat contained in it; and for this purpose “ property ” includes chattels of any description and rights and liabilities, whether arising by contract or otherwise.

(4) A transfer of any house, block of flats or other property under this section shall be on such terms, including financial terms, as the Secretary of State thinks fit; and an order under this section may provide that, notwithstanding anything in section 141 of the Law of Property Act 1925 (rent and benefit of lessee’s covenants to run with the reversion), any rent or other sum which—

(a) arises under the tenant’s tenancy or any of the tenants’ tenancies, and

(b) falls due before the date of the transfer,

shall continue to be recoverable by the housing action trust to the exclusion of the authority.

(5) Without prejudice to the generality of subsection (4) above, the financial terms referred to in that subsection may include provision for payments to a local housing authority (as well as or instead of payments by a local housing authority); and the transfer from a housing action trust of any house, block of flats or other property by virtue of this section shall not be taken to give rise to any right to compensation.

(6) In this section—

• “ block of flats ” means a building containing two or more flats;

• “ common parts ”, in relation to a building containing two or more flats, means any parts of the building which the tenants of the flats are entitled under the terms of their tenancies to use in common with each other;

• “ flat ” and “ house ” have the meanings given by section 183 of the Housing Act 1985;

and any reference to a block of flats specified in a notice under section 84(2) above is a reference to a block in the case of which each flat which is let on a secure tenancy [F312 or an introductory tenancy] is so specified.

(7) For the purposes of subsection (6) above, a building which contains—

(a) one or more flats which are let, or available for letting, on secure tenancies [F313 or introductory tenancies] by the housing action trust concerned, and

(b) one or more flats which are not so let or so available,

shall be treated as if it were two separate buildings, the one containing the flat or flats mentioned in paragraph (a) above and the other containing the flat or flats mentioned in paragraph (b) above and any common parts.]

Textual Amendments

F311 S. 84A inserted (11.10.1993) by 1993 c. 28, s. 125(5); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

F312 Words in s. 84A(6) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(h)

F313 Words in s. 84A(7)(a) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(i)

Rents E+W

85 Rents generally. E+W

(1) A housing action trust may make such reasonable charges as it may determine for the tenancy or occupation of housing accommodation for the time being held by it.

(2) A housing action trust shall from time to time review rents and make such changes, either of rents generally or of particular rents, as circumstances may require.

86 Increase of rent where tenancy not secure. E+W

(1) This section applies where a dwelling-house is let by a housing action trust on a periodic tenancy which is not a secure tenancy [F314 or an introductory tenancy].

(2) The rent payable under the tenancy may, without the tenancy being terminated, be increased with effect from the beginning of a rental period by a written notice of increase given by the housing action trust to the tenant.

(3) A notice under subsection (2) above is not effective unless—

(a) it is given at least four weeks before the first day of the rental period, or any earlier day on which the payment of rent in respect of that period falls to be made;

(b) it tells the tenant of his right to terminate the tenancy and of the steps to be taken by him if he wishes to do so; and

(c) it gives him the, dates by which, if (by virtue of subsection (4) below) the increase is not to be effective, a notice to quit must be received by the trust and the tenancy be made to terminate.

(4) Where a notice is given under subsection (2) above specifying an increase in rent with effect from the beginning of a rental period and the tenancy continues into that period, the notice shall not have effect if—

(a) the tenancy is terminated by notice to quit given by the tenant in accordance with the provisions (express or implied) of the tenancy;

(b) the notice to quit is given before the expiry of the period of two weeks beginning on the day following the date on which the notice of increase is given, or before the expiry of such longer period as may be allowed by the notice of increase; and

(c) the date on which the tenancy is made to terminate is not later than the earliest day on which the tenancy could be terminated by a notice to quit given by the tenant on the last day of that rental period.

(5) In this section “rental period” means a period in respect of which a payment of rent falls to be made.

Textual Amendments

F314 Words in s. 86(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(j)

Agency and dissolution E+W

87 Agency agreements. E+W

(1) With the approval of the Secretary of State, a housing action trust may enter into an agreement with another person whereby, in relation to any housing accommodation or other land held by the trust which is specified in the agreement, that other person shall exercise, as agent of the trust, such of the functions of the trust as are so specified.

(2) An agreement under subsection (1) above shall set out the terms on which the functions of the housing action trust are exercisable by the person who, under the agreement, is the agent of the trust (in this Part of this Act referred to as “the agent”).

(3) Where the agent is a body or association, an agreement under subsection (1) above may provide that the functions of the agent under the agreement may be performed by a committee or sub-committee, or by an officer, of the body or association.

(4) The approval of the Secretary of State under subsection (1) above may be given unconditionally or subject to conditions.

(5) References in this section to the functions of a housing action trust in relation to housing accommodation or other land include—

(a) functions conferred by any statutory provision, and

(b) the powers and duties of the trust as holder of an estate or interest in the housing accommodation or land in question.

88 Dissolution of housing action trust. E+W

(1) A housing action trust shall use its best endeavours to secure that its objects are achieved as soon as practicable.

(2) Where it appears to a trust that its objects have been substantially achieved, it shall—

(a) so far as practicable, dispose or arrange to dispose of any remaining property, rights or liabilities of the trust in accordance with the preceding provisions of this Part of this Act; and

(b) submit proposals to the Secretary of State for—

(i) the dissolution of the trust;

(ii) the disposal to any person of any remaining property, rights or liabilities of the trust which it has not been able to dispose of or arrange to dispose of under paragraph (a) above;and

(iii) the transfer of any function exercisable by the trust to another person (including, where appropriate, a person with whom the trust has entered into an agreement under section 87 above).

(3) The Secretary of State may by order provide for the dissolution of a housing action trust and for any such disposal or transfer as is mentioned in subsection (2)(b) above, whether by way of giving effect (with or without modifications) to any proposals submitted to him under subsection (2) above or otherwise.

(4) Any order under this section—

(a) where it provides for any such disposal or transfer as is mentioned in subsection (2)(b) above, may be on such terms, including financial terms, as the Secretary of State thinks fit and may create or impose such new rights or liabilities in respect of what is transferred as appear to him to be necessary or expedient;

[F315 (aa) where it provides for any such disposal or transfer as is mentioned in subsection (2)(b) above, may contain provisions—

(i) establishing new bodies corporate to receive the disposal or transfer; or

(ii) amending, repealing or otherwise modifying any enactment for the purpose of enabling any body established under any enactment to receive the disposal or transfer;]

(b) may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions amending [F316 , repealing or otherwise modifying any enactment]; and

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

[F317 (5) In this section “enactment” includes any instrument made under any enactment.]

Textual Amendments

F315 S. 88(4)(aa) inserted (24.9.1996) by 1996 c. 53, ss. 144(2), 150(2)

F316 Words in s. 88(4)(b) substituted (24.9.1996) by 1996 c. 53, ss. 144(3), 150(2)

F317 S. 88(5) inserted (24.9.1996) by 1996 c. 53, ss. 144(4), 150(2)

Miscellaneous and general E+W

89 Supply of goods and services. E+W

(1) A housing action trust and an urban development corporation established by an order under section 135 of the M63 Local Govemment, Planning and Land Act 1980, [F318 or a housing action trust and a Mayoral development corporation,] may enter into any agreement with each other for all or any of the purposes set out in section 1(1) of the M64 Local Authorities (Goods and Services) Act 1970, as if they were local authorities within the meaning of section I of that Act.

(2) Without prejudice to subsection (1) above, in section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies), after the words “ “public body” means any local authority” there shall be inserted “housing action trust established under Part III of the Housing Act 1988”.

Textual Amendments

F318 Words in s. 89(1) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 28

Marginal Citations

M63 1980 c. 65.

M64 1970 c. 39.

90 Information E+W

(1) If required to do so by notice in writing given by the Secretary of State for any of the purposes mentioned in subsection (3) below, a local authority,—

(a) at such time and place as may be specified in the notice, shall produce any document; or

(b) within such period as may be so specified, or such longer period as the Secretary of State may allow, shall furnish a copy of any document or supply any information;

being a document, copy or information of a description specified in the notice.

(2) Where notice is given to a local authority under subsection (1) above, any officer of the authority—

(a) who has the custody or control of any document to which the notice relates, or

(b) who is in a position to give information to which the notice relates,

shall take all reasonable steps to ensure that the notice is complied with.

(3) The purposes referred to in subsection (1) above are—

(a) determining whether the Secretary of State should make a designation order in respect of any area;

(b) where a designation order is to be or has been made, detemining whether, and to what extent, he should exercise any of his other powers under this Part of this Act; and

(c) enabling him to provide information to a housing action trust the better to enable it to carry out its functions.

(4) Without prejudice to the generality of subsection (1) above, among the information which may be required by a notice under that subsection is information with respect to the interests in, and the occupation of, land held by a local authority and, in particular, information with respect to any matter entered in a register kept under the [F319 Land Registration Act 2002] or the M65 Land Charges Act 1972.

(5) To any extent to which, apart from this subsection, he would not be able to do so, the Secretary of State may use, for any of the purposes mentioned in subsection (3) above, any infor*mation obtained by him under, or in connection with his functions under, the M66 Housing Act 1985 or any other enactment.

(6) If the Secretary of State considers it necessary or desirable to do so in order the better to enable a housing action trust to carry out its functions, he may disclose to the trust any information originally obtained by him for a purpose falling within paragraph (a) or paragraph (b) of subsection (3) above as well as information obtained for the purpose referred to in paragraph (c) of that subsection.

(7) In this section “local authority” has the same meaning as in section 74 above.

Textual Amendments

F319 Words in s. 90(4) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 133, 136(2), Sch. 11 para. 23(4) (with s. 129); S.I. 2003/1725, art. 2(1)

Marginal Citations

M65 1972 c. 61.

M66 1985 c. 68.

91

(1) This section has effect in relation to any notice required or notices. authorised by this Part of this Act to be served on any person by a housing action trust.

(2) Any such notice may be served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

(3) Any such notice may—

(a) in the case of a body corporate, be given to or served on the secretary or clerk of that body; and

(b) in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business.

(4) For the purposes of this section and of section 7 of the M67 Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person to or on whom a notice is to be given or served shall be his last known address, except that—

(a) in the case of a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of that body; and

(b) in the case of a partnership or a person having the control or management of the partnership business, it shall be that of the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.

(5) If the person to be given or served with any notice mentioned in subsection (1) above has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept documents of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address.

(6) If the name or address of any owner, lessee or occupier of land to or PART III on whom any notice mentioned in subsection (1) above is to be served cannot after reasonable inquiry be ascertained, the document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

Marginal Citations

M67 1978 c. 30.

92 Interpretation of Part III. E+W

(1) In this Part of this Act, except where the context otherwise requires,—

(a) “designated area” and “designation order” have the meaning assigned by section 60(6) above;

(b) any reference to a “house” includes a reference to a flat and to any yard, garden, outhouses and appurtenances belonging to the house or flat or usually enjoyed with it;

(c) “housing accommodation” includes flats, lodging-houses and hostels;

[F320 (ca) “introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996 and “introductory tenant” shall be construed accordingly;]

(d) “local housing authority” has the same meaning as in the M68 Housing Act 1985 and section 2 of that Act (the district of a local housing authority) has effect in relation to this Part of this Act as it has effect in relation to that Act;

(e) “local authority housing” means housing accommodation provided by a local housing authority (whether in its own district or not);

(f) “secure tenancy” has the meaning assigned by section 79 of the M69 Housing Act 1985 and “secure tenant” shall be construed accordingly; and

[F321 (g) “the 1990 Act” means the Town and Country Planning Act 1990]

F322 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F320 S. 92(1)(ca) inserted (12.2.1997) by S.I 1997/74, art. 2, Sch. para. 6(k)

F321 S. 92(1)(g) substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(4)

F322 S. 92(2) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 70, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

Marginal Citations

M68 1985 c. 68.

M69 1985 c. 68.

F323 Part IV E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F323 Pt. IV (ss. 93-114) repealed (1.10.1996) by 1996 c. 52, ss. 222, 227, Sch. 18 Pt. I para. 1, Sch. 19 Pt. IX; S.I. 1996/2402, art. 3

Part V E+W+S Miscellaneous and General

Leases E+W+S

115 Premiums on long leases. E+W

(1) With respect to —

(a) any premium received or required to be paid after the commencement of this Act, or

(b) any loan required to be made after that commencement,

section 127 of the M85 Rent Act 1977 (allowable premiums in relation to certain long tenancies) shall have effect subject to the amendments in subsections (2) and (3) below.

(2) For subsections (2) and (3) there shall be substituted the following subsections—

“(2) The conditions mentioned in subsection (1)(a) above are—

(a) that the landlord has no power to determine the tenancy at any time within twenty years beginning on the date when it was granted; and

(b) that the terms of the tenancy do not inhibit both the assignment and the underletting of the whole of the premises comprised in the tenancy;

but for the purpose of paragraph (b) above there shall be disregarded any term of the tenancy which inhibits assignment and underletting only during a period which is or falls within the final seven years of the term for which the tenancy was granted.

(3) The reference in subsection (2) above to a power of the landlord to determine a tenancy does not include a reference to a power of re-entry or forfeiture for breach of any term or condition of the tenancy.”

(3) Subsections (3C) and (3D) shall be omitted and in subsection (5) for “(2)(c)” there shall be substituted “(2)(b)”.

(4) Expressions used in subsection (1) above have the same meaning as in Part IX of the Rent Act 1977.

Marginal Citations

M85 1977 c.42.

116 Repairing obligations in short leases. E+W

(1) In section II of the M86 Landlord and Tenant Act 1985 (repairing obligations in short leases) after subsection (1) there shall be inserted the following subsections—

“(1A) If a lease to which this section applies is a lease of a dwelling- house which forms part only of a building, then, subject to subsection (IB), the covenant implied by subsection (1) shall have effect as if—

(a) the reference in paragraph (a) of that subsection to the dwelling-house included a reference to any part of the building in which the lessor has an estate or interest; and

(b) any reference in paragraphs (b) and (c) of that subsection to an installation in the dweiling-house included a reference to an installation which, directly or indirectly, serves the dwelling-house and which either—

(i) forms part of any part of a building in which the lessor has an estate or interest; or

(ii) is owned by the lessor or under his control.

(1B) Nothing in subsection (IA) shall be construed as requiring the lessor to carry out any works or repairs unless the disrepair (or failure to maintain in working order) is such as to affect the lessee’s enjoyment of the dwelling-house or of any common parts, as defined in section 60(1) of the Landlord and Tenant Act 1987, which the lessee, as such, is entitled to use.”

(2) After subsection (3) of that section there shall be inserted the following subsection—

“(3A) In any case where—

(a) the lessor’s repairing covenant has effect as mentioned in subsection (IA), and

(b) in order to comply with the covenant the lessor needs to carry out works or repairs otherwise than in, or to an installation in, the dwelling-house, and

(c) the lessor does not have a sufficient right in the part of the building or the installation concerned to enable him to carry out the required works or repairs,

then, in any proceedings relating to a failure to comply with the lessor’s repairing covenant, so far as it requires the lessor to carry out the works or repairs in question, it shall be a defence for the lessor to prove that he used all reasonable endeavours to obtain, but was unable to obtain, such rights as would be adequate to enable him to carry out the works or repairs.”

(3) At the end of section 14(4) of the said Act of 1985 (which excludes from section II certain leases granted to various bodies) there shall be added—

“a housing action trust established under Part 111 of the Housing Act 1988”.

(4) The amendments made by this section do not have effect with respect to—-

(a) a lease entered into before the commencement of this Act; or

(b) a lease entered into pursuant to a contract made before the commencement of this Act.

Marginal Citations

M86 1985 c.70.

117 Certain tenancies excluded from bankrupt’s estate E+W

(1) In section 283 of the M87 Insolvency Act 1986 (definition of bankrupt’s estate) at the end of subsection (3) (property excluded from the estate) there shall be inserted the following subsection—

“(3A) Subject to section 308A in Chapter IV, subsection (1) does not apply to—

(a) a tenancy which is an assured tenancy or an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988, and the terms of which inhibit an assignment as mentioned in section 127(5) of the Rent Act 1977, or

(b) a protected tenancy, within the meaning of the Rent Act 1977, in respect of which, by virtue of any provision of Part IX of that Act, no premium can lawfully be required as a condition of assignment, or

(c) a tenancy of a dwelling-house by virtue of which the bankrupt is, within the meaning of the Rent (Agriculture) Act 1976, a protected occupier of the dwelling-house, and the terms of which inhibit an assignment as mentioned in section 127(5) of the Rent Act 1977, or

(d) a secure tenancy, within the meaning of Part IV of the Housing Act 1985, which is not capable of being assigned, except in the cases mentioned in section 91(3) of that Act.”

(2) After section 308 of that Act there shall be inserted the following section—

“308A Vesting in trustee of certain tenancies.

Upon the service on the bankrupt by the trustee of a notice in writing under this section, any tenancy—

(a) which is excluded by virtue of section 283(3A) from the bankrupt’s estate, and

(b) to which the notice relates,

vests in the trustee as part of the bankrupt’s estate; and, except against a purchaser in good faith, for value and without notice of the bankruptcy, the trustee’s title to that tenancy has relation back to the commencement of the bankruptcy.”

(3) In section 309 of that Act (time-limit for certain notices) in subsection (1)(b)—

(a) after the words “section 308” there shall be inserted “or section 308A”; and

(b) after the words “the property” there shall be inserted “or tenancy”.

(4) In section 315 of that Act (disclaimer (general power)), in subsection (4) after the words “reasonable replacement value)” there shall be inserted “or 308A”.

Marginal Citations

M87 1986 c.45.

F332 118 Certain tenancies excluded from debtor’s estate: Scotland. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F332 S. 118 repealed (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 2 Pt. 1

119 Amendment of Landlord and Tenant Act 1987. E+W

The M88 Landlord and Tenant Act 1987 shall have effect subject to the amendments in Schedule 13 to this Act.

Marginal Citations

M88 1987 c.31.

Rent Officers E+W

120 Appointment etc. of rent officers. E+W

Section 63 of the M89 Rent Act 1977 (schemes for the appointment of rent officers) shall have effect subject to the amendments in Part I of Schedule 14 to this Act and after section 64 of that Act there shall be inserted the sections set out in Part II of that Schedule.

Marginal Citations

M89 1977 c.42.

F333 121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F333 S. 121 repealed (1.4.1997 subject to transitional provisions in the commencing S.I.) by 1996 c. 52, s. 227, Sch. 19 Pt. VI; S.I. 1997/618, art. 2(1), Sch. paras. 4, 6)

Right to buy etc. and grants to obtain accommodation E+W+S

122 Variation of cost floor for right to buy discount. E+W

(1) Section 131 of the Housing Act 1985 (limits on amount of discount in relation to the right to buy) shall be amended in accordance with subsections (2) and (3) below.

(2) In subsection (1) (the cost floor provision) for paragraph (a) there shall be substituted the following paragraph—

“(a) is to be treated as incurred at or after the beginning of that period of account of the landlord in which falls the date which is eight years, or such other period of time as may be specified in an order made by the Secretary of State, earlier than the relevant time, and”.

(3) After subsection (1) there shall be inserted the following subsection—

“(1A) In subsection (1)(a) above “ period of account”, in relation to any costs, means the period for which the landlord made up those of its accounts in which account is taken of those costs.”

(4) This section has effect in relation to the determination of discount in any case where—

(a) the relevant time falls on or after the date on which this section comes into force; or

(b) paragraph (a) above does not apply but the landlord has not before that date served on the tenant a notice complying with section 125 of the Housing Act 1985; or

(c) the tenant has before that date claimed to exercise the right to be granted a shared ownership lease but the landlord has not before that date served on the tenant a notice complying with section 147 of that Act; or

(d) the tenant has before that date served a notice under paragraph I of Schedule 8 to that Act (claiming to exercise the right to acquire an additional share under a shared ownership lease but the landlord has not before that date served a notice under sub- paragraph (3) of that paragraph;

and, for the purposes of this subsection, no account shall be taken of any steps taken under section 177 of that Act (amendment or withdrawal and re-service of notice to correct mistakes).

(5) Expressions used in subsection (4) above have the same meaning as in Part V of the Housing Act 1985.

123 Amendment of Schedule 5 to Housing Act 1985. E+W

(1) Schedule 5 of the Housing Act 1985 (exceptions to the right to buy) shall be amended in accordance with this section.

(2) Paragraphs 6 and 8 shall be omitted. Housing Act 1985.

(3) The repeal by this Act of paragraphs 6 and 8 of Schedule 5 shall not affect the operation of either of those paragraphs in any case where the tenant’s notice claiming to exercise the right to buy was served before the repeal comes into force unless, at that time, no notice in response had been served under section 124 of the Housing Act 1985 (landlord’s notice admitting or denying right to buy).

(4) For the purposes of subsection (3) above, no account shall be taken of any steps taken under section 177 of the M90 Housing Act 1985 (amendment or withdrawal and re-service of notice to correct mistakes).

Marginal Citations

M90 1985 c.68.

124 Right to buy: tenant’s sanction for landlord’s delays. E+W

After section 153 of the Housing Act 1985 there shall be inserted the following sections—

“153A Tenant’s notices of delay.

(1) Where a secure tenant has claimed to exercise the right to buy, he may serve on his landlord a notice (in this section referred to as an “initial notice of delay”) in any of the following cases, namely,—

(a) where the landlord has failed to serve a notice under section 124 within the period appropriate under subsection (2) of that section;

(b) where the tenant’s right to buy has been established and the landlord has failed to serve a notice under section 125 within the period appropriate under subsection (1) of that section;

(c) where the tenant has claimed to exercise the right to be granted a shared ownership lease and the landlord has failed to serve a notice under section 146 within the period of the four weeks required by that section;

(d) where the tenant’s right to a shared ownership lease has been established and the landlord has failed to serve a notice under section 147 within the period of the eight weeks required by that section; or

(e) where the tenant considers that delays on the part of the landlord are preventing him from exercising expeditiously his right to buy or his right to be granted a shared ownership lease;

and where an initial notice of delay specifies any of the cases in paragraphs (a) to (d), any reference in this section or section 153B to the default date is a reference to the end of the period referred to in the paragraph in question or, if it is later, the day appointed for the coming into force of section 124 of the Housing Act 1988.

(2) An initial notice of delay—

(a) shall specify the most recent action of which the tenant is aware which has been taken by the landlord pursuant to this Part of this Act; and

(b) shall specify a period (in this section referred to as “the response period”), not being less than one month, beginning on the date of service of the notice, within which the. service by the landlord of a counter notice under subsection (3) will have the effect of cancelling the initial notice of delay.

(3) Within the response period specified in an initial notice of delay or at any time thereafter, the landlord may serve on the tenant a counter notice in either of the following circumstances—

(a) if the initial notice specifies any of the cases in paragraphs (a) to (d) of subsection (1) and the landlord has served, or is serving together with the counter notice, the required notice under section 124, section 125, section 146 or section 147, as the case may be; or

(b) if the initial notice specifies the case in subsection (1)(e) and there is no action under this Part which, at the beginning of the response period, it was for the landlord to take in order to allow the tenant expeditiously to exercise his right to buy or his right to be granted a shared ownership lease and which remains to be taken at the time of service of the counter notice.

(4) A counter notice under subsection (3) shall specify the circumstances by virtue of which it is served.

(5) At any time when—

(a) the response period specified in an initial notice of delay has expired, and

(b) the landlord has not served a counter notice under subsection (3),

the tenant may serve on the landlord a notice (in this section and section153B referred to as an “operative notice of delay”) which shall state that section 153B will apply to payments of rent made by the tenant on or after the default date or, if the initial notice of delay specified the case in subsection (1)(e), the date of the service of the notice.

(6) If, after a tenant has served an initial notice of delay, a counter notice has been served under subsection (3), then, whether or not the tenant has also served an operative notice of delay, if any of the cases in subsection (1) again arises, the tenant may serve a further initial notice of delay and the provisions of this section shall apply again accordingly.

153B Payments of rent attributable to purchase price etc.

(1) Where a secure tenant has served on his landlord an operative notice of delay, this section applies to any payment of rent which is made on or after the default date or, as the case may be, the date of the service of the notice and before the occurrence of any of the following events (and, if more than one event occurs, before the earliest to occur—

(a) the service by the landlord of a counter notice under section 153A(3);

(b) the date on which the landlord makes to the tenant the grant required by section 138 or, as the case may be, section 150;

(c) the date on which the tenant serves notice under section 142(2) (claiming to be entitled to defer completion);

(d) the date on which the tenant withdraws or is deemed to have withdrawn the notice claiming to exercise the right to buy or, as the case may be, the notice claiming to exercise the right to be granted a shared ownership lease; and

(e) the date on which the tenant ceases to be entitled to exercise the right to buy.

(2) Except where this section ceases to apply on a date determined under any of paragraphs (c) to (e) of subsection (1), so much of any payment of rent to which this section applies as does not consist of—

(a) a sum due on account of rates, or

(b) a service charge (as defined in section 62 1 A),

shall be treated not only as a payment of rent but also as a payment on account by the tenant which is to be taken into account in accordance with subsection (3).

(3) In a case where subsection (2) applies, the amount which, apart from this section, would be the purchase price or, as the case may be, the tenant’s initial contribution for the grant of a shared ownership lease shall be reduced by an amount equal to the aggregate of—

(a) the total of any payments on account treated as having been paid by the tenant by virtue of subsection (2); and

(b) if those payments on account are derived from payments of rent referable to a period of more than twelve months, a sum equal to the appropriate percentage of the total referred to in paragraph (a).

(4) In subsection (3)(b) “the appropriate percentage” means 50 per cent. or such other percentage as may be prescribed.”

125 Restriction on letting etc. of certain houses in National Parks etc. E+W

(1) Section 37 of the M91 Housing Act 1985 (restriction on disposals of dwelling-houses in National Parks etc.) shall be amended in accordance with this section.

(2) In subsection (2) (the covenanted limitation) after the word “his” there shall be inserted “ “(a) ” and at the end there shall be added “and

(b) there will be no disposal by way of tenancy or licence without the written consent of the authority unless the disposal is to a person satisfying that condition or by a person whose only or principal home is and, throughout the duration of the tenancy or licence, remains the house”.

(3) In subsection (3) (disposals limited to persons employed or living locally) after the words “application for consent” there shall be inserted the words “ or, in the case of a disposal by way of tenancy or licence, preceding the disposal ”.

(4) At the end of subsection (4) (disposals in breach of covenant to be void) there shall be added “and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the local authority as if—

(a) the authority were possessed of land adjacent to the house concerned; and

(b) the covenant were expressed to be made for the benefit of such adjacent land”.

(5) After subsection (4) there shall be inserted the following subsection—

“(4A) Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal.”

(6) This section has effect where the conveyance, grant or assignment referred to in subsection (1) of section 37 is executed on or after the commencement of this Act.

Marginal Citations

M91 1985 c. 68.

126 Restriction on disposal of dwelling-houses in National Parks etc. acquired under the right to buy. E+W

(1) In Part V of the M92 Housing Act 1985 (the right to buy), section 157 (restriction on disposal of dwelling-houses in National Parks etc.) shall be amended in accordance with this section.

(2) In subsection (2) (the covenanted limitation) after the word “his” there shall be inserted “ “(a) ” and at the end there shall be added “and—

(b) there will be no disposal by way of tenancy or licence without the written consent of the landlord unless the disposal is to a person satisfying that condition or by a person whose only or principal home is and, throughout the duration of the tenancy or licence, remains the dwelling-house”.

(3) In subsection (3) (disposals limited to persons employed or living locally) after the words “application for consent” there shall be inserted the words “ “or, in the case of a disposal by way of tenancy or licence, preceding the disposal ”.

(4) At the end of subsection (6) (disposals in breach of covenant to be void) there shall be added “and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the landlord as if—

(a) the landlord were possessed of land adjacent to the house concerned; and

(b) the covenant were expressed to be made for the benefit of such adjacent land”.

(5) After subsection (6) there shall be inserted the following subsection—

“(6A) Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal.”

(6) This section has effect where the conveyance or grant referred to in subsection (1) of section 157 is executed on or after the commencement of this Act.

Marginal Citations

M92 1985 c.68.

127 Preserved right to buy. E+W

(1) In subsection (4) of section 171B of the M93 Housing Act 1985 for paragraph (a) there shall be substituted the following paragraphs—

“(a) where the former secure tenancy was not a joint tenancy and, immediately before his death, the former secure tenant was tenant under an assured tenancy of a dwelling-house in relation to which he had the preserved right to buy, a member of the former secure tenant’s family who acquired that assured tenancy under the will or intestacy of the former secure tenant;

(aa) where the former secure tenancy was not a joint tenancy, a member of the former secure tenant’s family to whom the former secure tenant assigned his assured tenancy of a dwelling-house in relation to which, immediately before the assignment, he had the preserved right to buy”.

(2) In subsection (2)(a) of section 171C of that Act after the word “paragraphs” there shall be inserted “ “1, 3 and ”.

(3) After subsection (4) of that section there shall be added the following subsection—

“(5) The disapplication by the regulations of paragraph I of Schedule 5 shall not be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity.”

Marginal Citations

M93 1985 c. 68.

[F334 128 Preservation of right to buy on disposal to private sector landlord: Scotland. E+W

After section 81 of the M94 Housing (Scotland) Act 1987 there shall be inserted the following section—

“ Preservation of right to buy on disposal to private sector landlord E+W

81A Preservation of right to buy on disposal to private sector landlord

(1) The right to buy provisions shall continue to right to buy on apply where a person ceases to be a secure tenant of a disposal to house by reason of the disposal by the landlord of an private sector interest in the house to a private sector landlord.

(2) The right to buy provisions shall not, however, continue to apply under subsection (1) in such circumstances as may be prescribed.

(3) The continued application under subsection (1) of the right to buy provisions shall be in accordance with and subject to such provision as is prescribed which may—

(a) include—

(i) such additions and exceptions to, and adaptations and modifications of, the right to buy provisions in their continued application by virtue of this section; and

(ii) such incidental, supplementary and transitional provisions;

as the Secretary of State considers appropriate;

(b) differ as between different cases or descriptions of case and as between different areas;

(c) relate to a particular disposal.

(4) Without prejudice to the generality of subsection (3), provision may be made by virtue of it—

(a) specifying the persons entitled to the benefit of the right to buy provisions in their continued application by virtue of this section;

(b) preventing, except with the consent of the Secretary of State, the disposal by the private sector landlord of less than his whole interest in a house in relation to which the right to buy provisions continue to apply by virtue of this section;

(c) ensuring that where, under Ground 9 of Schedule 5 to the Housing (Scotland) Act 1988 (availability of suitable alternative accommodation), the sheriff makes an order for possession of a house in relation to which the right to buy provisions continue to apply by virtue of this section and the tenant would not have the right under this Part (other than this section) to buy the house which is or will be available by way of alternative accommodation, these provisions as so continued will apply in relation to the house which is or will be so available.

(5) In this section—

(a) “secure tenant” means a tenant under a secure tenancy;

(b) “private sector landlord” means a landlord other than one of those set out in sub-paragraphs (i) to (iv) and (viii) and (ix) of paragraph (a) of subsection (2) of section 61;

(c) the “right to buy provisions” means the provisions of this Act relating to the right of a tenant of a house to purchase it under this Part and to his rights in respect of a loan.”]

Textual Amendments

F334 S. 128 repealed (30.9.2002) by 2001 asp 10, ss. 112, 113(1), Sch. 10 para. 15(7); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions in arts. 3-5)

Commencement Information

I1 S. 128 wholly in force at 21.2.1992 see s. 141(2) and S.I. 1992/324, art. 2

Marginal Citations

M94 1987 c.26.

129 Schemes for payments to assist local housing authority tenants to obtain other accomodation. E+W

(1) In accordance with a scheme made by a local housing authority and [F335 , where the authority is in Wales,] approved by the Secretary of State under this section, the authority may make grants to or for the benefit of qualifying tenants or licensees of the authority with a view to assisting each person to whom or for whose benefit a grant is made to obtain accommodation otherwise than as a tenant or licensee of the authority either—

(a) by acquiring an interest in a dwelling-house; or

(b) by carrying out works to a dwelling-house to provide additional accommodation; or

(c) by both of those means.

(2) A scheme under this section shall contain such provisions as the local housing authority considers appropriate together with [F336 , where the authority is in Wales,] any which the Secretary of State may require as a condition of his approval and, without prejudice to the generality, a scheme may include provisions specifying, or providing for the determination of—

(a) the persons who are qualifying tenants or licensees for the purposes of the scheme;

(b) the interests which qualifying tenants or licensees may be assisted to acquire;

(c) the works for the carrying out of which grants may be made;

(d) the circumstances in which a grant may be made for the benefit of a qualifying tenant or licensee;

(e) the amount of the grant which may be made in any particular case and the terms on which it may be made;

(f) the limits on the total number and amount of grants which may be made; and

(g) the period within which the scheme is to apply.

(3) The Secretary of State may approve a scheme made by a local housing authority [F337 in Wales] under this section with or without conditions and, where a scheme has been [F338 made and, where the authority is in Wales, approved, a local housing authority] shall take such steps as it considers appropriate to bring the scheme to the attention of persons likely to be able to benefit from it and shall take such other steps (if any) as the Secretary of State may direct in any particular case to secure publicity for the scheme.

(4) The Secretary of State may revoke an approval of a scheme under this section by a notice given to the local housing authority concerned; and, where such a notice is given, the revocation shall not affect the operation of the scheme in relation to any grants made or agreed before the date of the notice.

(5) Any grant made pursuant to a scheme under this section—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F339

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F340

(6) Where a scheme [F341 has been] made by a local housing authority under this section [F342 and, where the authority is in Wales,] has been approved, a person dealing with the authority shall not be concerned to see or enquire whether the terms of the scheme have been or are being complied with; and any failure to comply with the terms of a scheme shall not invalidate any grant purporting to be made in accordance with the scheme unless the person to whom the grant is made has actual notice of the failure.

(7) In this section—

(a) “local housing authority” has the meaning assigned by section 1 of the Housing Act 1985; of the Housing Act 1985;

(b) “dwelling-house” has the meaning assigned by section 112 of that Act; and

(c) “tenant” does not include a tenant under a long tenancy, as defined in section 115 of that Act.

Textual Amendments

F335 Words in s. 129(1) inserted (1.4.2003) by The Regulatory Reform (Schemes under Section 129 of the Housing Act 1988) (England) Order 2003 (S.I. 2003/986), art. 2(2)

F336 Words in s. 129(2) inserted (1.4.2003) by The Regulatory Reform (Schemes under Section 129 of the Housing Act 1988) (England) Order 2003 (S.I. 2003/986), art. 2(3)

F337 Words in s. 129(3) inserted (1.4.2003) by The Regulatory Reform (Schemes under Section 129 of the Housing Act 1988) (England) Order 2003 (S.I. 2003/986), art. 2(4)(a)

F338 Words in s. 129(3) substituted (1.4.2003) by The Regulatory Reform (Schemes under Section 129 of the Housing Act 1988) (England) Order 2003 (S.I. 2003/986), art. 2(4)(b)

F339 S. 129(5)(a) repealed by Local Government and Housing Act 1989 (c. 42, SIF 61),s. 194(2), Sch. 12 Pt. I

F340 S. 129(5)(b) repealed by Local Government and Housing Act 1989 (c.42, SIF 61),s. 194(4), Sch. 12 Pt. II note 2

F341 Words in s. 129(6) inserted (1.4.2003) by The Regulatory Reform (Schemes under Section 129 of the Housing Act 1988) (England) Order 2003 (S.I. 2003/986), art. 2(5)

F342 Words in s. 129(6) inserted (1.4.2003) by The Regulatory Reform (Schemes under Section 129 of the Housing Act 1988) (England) Order 2003 (S.I. 2003/986), art. 2(5)

Repair notices and improvement grants E+W

130 Repair notices. E+W

F343 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F343 S. 130 repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270, Sch. 16; S.I. 2006/1060, art. 2(1)(e)(ix) (with Sch.); S.I. 2006/1535, art. 2(c)(ix) (with Sch.)

[F344 131 Letting conditions applicable to improvement grants etc. E+W

(1) With respect to applications for grants approved after the commencement of this Act, Part XV of the M95 Housing Act 1985 (grants for works of improvement, repair and conversion) shall have effect subject to the following provisions of this section.

(2) In each of the following provisions—

(a) section 464 (preliminary condition: certificates as to future occupation), in subsection (5) (certificate of availability for letting), and

(b) section 501 (condition as to availability for letting), in subsection (2) (the terms of the condition),

in paragraph (a) after the word “holiday” there shall be inserted “on a tenancy which is not a long tenancy and”.

(3) After the words “Rent (Agriculture) Act 1976”, in each place where they occur in—

(a) section 464(5),

(b) section 501(2), and

(c) subsection (2)(d) of section 503 (restriction on imposition of further conditions in relation to certain grants),

there shall be inserted “or is occupied under an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988”.

(4) In section 504 (further conditions as to letting of dwelling), at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1A)”; in paragraph (a) of that subsection after the word “letting” there shall be inserted “on an assured tenancy which is not a long tenancy or”; and at the end of that subsection there shall be inserted the following subsection—

“(1A) Paragraphs (d) to (f) of subsection (1) do not apply in the case of a dwelling which is or is to be let or available for letting on an assured tenancy.”

(5) In subsection (2) of section 504 (definitions) after the words “subsection (1)” there shall be inserted “and subsection (1A)” and before paragraph (a) there shall be inserted the following paragraph—

“(aa) “assured tenancy” means a tenancy which is an assured tenancy within the meaning of Part I of the Housing Act 1988 or would be such a tenancy if paragraphs 3, 6, 7 and 10 of Schedule 1 to that Act were omitted”.

(6) In section 526 (index of defined expressions in Part XV), after the entry relating to “local housing authority” there shall be inserted—

“long tenancy section 115”.

(7) Without prejudice to subsection (1) above, where an application for a grant—

(a) was made but not approved before the commencement of this Act, and

(b) was accompanied by a certificate of availability for letting in a form which does not take account of the amendments of section 464(5) by subsections (2) and (3) above,

the certificate shall be treated as if it were in a form which takes account of the amendments made by those subsections.

(8) Without prejudice to subsection (1) above, where a grant has been approved before the commencement of this Act and—

(a) section 501(2) applies to impose a condition of the grant, or

(b) conditions have been imposed in terms of section 504(1),

the condition or conditions shall have effect as if it or they were in a form which takes account of the amendments made by subsection (3) or, as the case may be, subsections (4) and (5) above.]

Textual Amendments

F344 S. 131 repealed (prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 194(4), 195(2), Sch. 12 Pt. II

Marginal Citations

M95 1985 c. 68.

Disposals of housing stock E+W+S

132 Consents to disposals of housing stock and application of receipts. E+W+S

(1) At the end of subsection (4) of section 34 of the M96 Housing Act 1985 (consent to disposals of land held for the purposes of Part II—provision of housing accommodation) and at the end of subsection (4) of section 43 of that Act (consent for certain disposals of other houses) there shall be inserted the subsections set out in subsection (2) below.

(2) The subsections referred to in subsection (1) above and subsection (3) below are as follows—

“(4A) The matters to which the Secretary of State may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include—

(a) the extent (if any) to which the person to whom the proposed disposal is to be made (in this subsection referred to as “the intending purchaser”) is, or is likely to be, dependent upon, controlled by or subject to influence from the local authority making the disposal or any members or officers of that authority;

(b) the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accommodation let on tenancies or subject to licences;

(c) the terms of the proposed disposal; and

(d) any other matters whatsoever which he considers relevant.

(4B) Where the Secretary of State gives consent to a disposal by a local authority, he may give directions as to the purpose for which any capital money received by the authority in respect of the disposal is to be applied and, where any such directions are given, nothing in any enactment shall require his consent to be given for the application of the capital money concerned in accordance with the directions.”

(3) Section 13 of the M97 Housing (Scotland) Act 1987 (power of Secretary of State to impose conditions in sale of local authority houses) shall be renumbered as subsection (1) of that section and after that subsection there shall be inserted as subsections (2) and (3) the subsections which are set out in subsection (2) above and there numbered (4A) and (4B).

(4), (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F345

(6) In section 208 of the Housing (Scotland) Act 1987 (application of receipts from disposal of certain land), in subsection (2) there shall be inserted at the end the words “or has made directions under section 13(3)”.

(7) In section 26 of the M98 Local Government Act 1988 (provisions as to consents under section 25 for provision of financial assistance etc.), in subsection (5) (which excludes consent under various enactments where consent is given to a disposal of land under section 25) after the words “such a consent” there shall be inserted “then, if the consent given for the purposes of section 25 above so provides”.

(8) This section shall be deemed to have come into force on 9th June 1988.

Textual Amendments

F345 Ss. 132(4)(5), 136 repealed by Local Government and Housing Act 1989 (c. 42, SIF 61),s. 194(2), Sch. 12 Pt. I

Marginal Citations

M96 1985 c. 68.

M97 1987 c. 26.

M98 1988 c. 9.

133 Consent required for certain subsequent disposals. E+W

(1) Where consent is required for a disposal (in this section referred to as “the original disposal”) by virtue of section 32 or section 43 of the Housing Act 1985 and that consent does not provide otherwise, the person who acquires the land or house on the disposal shall not dispose of it except with the consent of the [F346 appropriate authority]; but nothing in this section shall apply in relation to an exempt disposal as defined in section 81(8) above.

[F347 (1ZA) In this section “the appropriate authority” means—

F348 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in relation to [F349 a ] disposal of land in England, the Secretary of State, and

(c) in relation to a disposal of land in Wales, the Welsh Ministers.]

[F350 (1A) This section does not apply if the original disposal was made before the date on which this section comes into force.]

[F351 (1B) This section does not apply if the original disposal was made to a private registered provider of social housing.]

(2) Where an estate or interest of the person who acquired the land or house on the original disposal has been mortgaged or charged, the prohibition in subsection (1) above applies also to a disposal by the mortgagee or chargee in exercise of a power of sale or leasing, whether or not the disposal is in the name of the person who so acquired the land or house; and in any case where—

(a) by operation of law or by virtue of an order of a court, the land or house which has been acquired passes or is transferred from the person who so acquired it to another person, and

(b) that passing or transfer does not constitute a disposal for which consent is required under this section,

this section (including, where there is more than one such passing or transfer, this subsection) shall apply as if the other person to whom the land or house passes or is transferred were the person who acquired it on the original disposal.

[F352 (2A) Consent required for the purposes of this section may be given either generally to all persons who may require such consent or to any particular person or description of person who may require such consent.]

(3) Where subsection (1) above applies—

(a) if section 34 of the M99 Housing Act 1985 applies to the consent given to the original disposal, subsections (2)(b) [F353 , (3), (4) and (4A)(a) to (c) and (d)] of that section shall also apply to any consent required by virtue of this section;

(b) if the consent to the original disposal was given under section 43 of that Act, subsections (2)(b) and [F353 , (3), (4) and (4A)(a) to (c) and (d)] of that section shall also apply to any consent required by virtue of this section;

(c) in the application of subsection [F353 (4A)(a) to (c) and (d)] of section 34 or section 43 to any consent required by virtue of this section, [F354 any reference to the appropriate national body shall be construed as a reference to the appropriate authority and]any reference to the local authority making the disposal shall be construed as a reference to the local authority making the original disposal; and

(d) the instrument by which the original disposal is effected shall contain a statement in a form approved by the Chief Land Registrar that the requirement of this section as to consent applies to a subsequent disposal of the land or house by the person to whom the original disposal was made.

(4) Subsection (4) of section 32 of the Housing Act 1985 or, as the case may be, subsection (5) of section 43 of that Act (options to purchase as disposals) applies for the purposes of this section.

(5) Before giving any consent required by virtue of this section, the [F355 appropriate authority]—

(a) shall satisfy [F356 itself] that the person who is seeking the consent has taken appropriate steps to consult every tenant of any land or house proposed to be disposed of; and

(b) shall have regard to the responses of any such tenants to that consultation.

F357 [(5A) A person seeking any consent required by virtue of this section is not required to consult a tenant of the land or house proposed to be disposed of if—

(a) consent is sought for the disposal of the land or house to that tenant or to persons including that tenant; or

(b) consent is sought subject to the condition that the land or house is vacant at the time of the disposal;

and, accordingly, subsection (5) does not apply in either case.]

F358 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) No consent shall be required under F359 ... [F360 section 9 or 42 of the Housing Act 1996 or section 9 of the Housing Associations Act 1985] for any disposal in respect of which consent is given [F361 under this section].

(8) Where the title of the authority to the land or house which is disposed of by the original disposal is not registered, and the original disposal is a [F362 transfer or grant] of a description mentioned in [F363 section 4 of the Land Registration Act 2002] (compulsory registration of title)—

F364 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the authority shall give to the person to whom the original disposal is made a certificate in a form approved by the Chief Land Registrar stating that the authority is entitled to make the disposal subject only to such encumbrances, rights and interests as are stated in the instrument by which the original disposal is effected or summarised in the certificate; and

(c) for the purpose of registration of title, the Chief Land Registrar shall accept such a certificate as evidence of the facts stated in it, but if as a result he has to meet a claim against him under the [F365 Land Registration Act 2002] the authority by whom the original disposal was made is liable to indemnify him.

[F366 (9) Where the Chief Land Registrar approves an application for registration of—

(a) a disposition of registered land, or

(b) a person’s title under a disposition of unregistered land,

and the instrument effecting the original disposal contains the statement required by subsection (3)(d) above, he shall enter in the register a restriction reflecting the limitation under this section on subsequent disposal.]

(10) In every case where the consent of the Secretary of State is required for the original disposal by virtue of section 32 or section 43 of the M100 Housing Act 1985 (whether or not consent is required under this section to a subsequent disposal), the authority by which the original disposal is made shall furnish to the person to whom it is made a copy of that consent.

Textual Amendments

F346 Words in s. 133(1) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 191(3)(a), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F347 S. 133(1ZA) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 191(3)(b), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F348 S. 133(1ZA)(a) omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 4(2)(a); S.I. 2017/75, reg. 4

F349 Word in s. 133(1ZA)(b) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 4(2)(b); S.I. 2017/75, reg. 4

F350 Words in s. 133(1A) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 21(2); S.I. 1996/2402, art. 2

F351 S. 133(1B) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 4(3); S.I. 2017/75, reg. 4

F352 Words in s. 133(2A) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 21(3); S.I. 1996/2402, art. 2

F353 Words in s. 133(3) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 311, 325, Sch. 14 para. 2; S.I. 2008/3068, art. 4(1)(c) (with savings and transitional provisions in arts. 6-13)

F354 Words in s. 133(3)(c) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 191(3)(d), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F355 Words in s. 133(5) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 191(3)(e), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F356 Word in s. 133(5)(a) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 191(3)(f), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F357 Words in s. 133(5A) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 21(4); S.I. 1996/2402, art. 2

F358 S. 133(6) repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 191(3)(g), 325(1), Sch. 16 (with s. 189); S.I. 2010/862, arts. 2, 3 (with Sch.)

F359 Words in s. 133(7) omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 4(4); S.I. 2017/75, reg. 4

F360 Words in s. 133(7) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(12)(b)

F361 Words in s. 133(7) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 71(b)(with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F362 Words in s. 133(8) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 133, 136(2), Sch. 11 para. 23(5)(a) (with s. 129); S.I. 2003/1725, art. 2(1)

F363 Words in s. 133(8) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 133, 136, Sch. 11 para. 23(5)(b) (with s. 129); S.I. 2003/1725, art. 2(1)

F364 S. 133(8)(a) repealed (1.4.1998) by 1997 c. 2, s. 4(2), Sch. 2 Pt. I; S.I. 1997/3036, art. 2

F365 Words in s. 133(8)(c) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 133, 136(2), Sch. 11 para. 23(5)(c) (with s. 129); S.I. 2003/1725, art. 2(1)

F366 S. 133(9) substituted (13.10.2003) by Land Registration Act 2002 ( c. 9), ss. 133, 136(2), {Sch. 11 para. 23(6)} (with s. 129); S.I. 2003/1725, art. 2(1)

Modifications etc. (not altering text)

C48 S. 133 excluded (1.11.1993) by 1993 c. 28, ss. 37, 56(6), Sch. 10 para. 1(2)(a); S.I. 1993/2134, arts. 2, 5

C49 S. 133: transfer of functions (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 190(b), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

C50 S. 133(6) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 1; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

Marginal Citations

M99 1985 c. 68.

M100 1985 c. 68.

[F367 134 Consent required for certain subsequent disposals: Scotland. E+W

In Part I of the M101 Housing (Scotland) Act 1987 (provision of housing) after section 12 there shall be inserted the following section—

12A “ Consent of Secretary of State required for certain subsequent disposals.

(1) Where a person acquires any land or house from a local authority under section 12(1)(c) or (d) above and the consent of the Secretary of State is required under section 12(7) above to the local authority’s disposal of the land or house to that person, that person shall not dispose of the land or house without the consent in writing of the Secretary of State.

(2) Any consent for the purposes of subsection (1) above may be given either in respect of a particular disposal or in respect of disposals of any class or description (including disposals in particular areas) and either unconditionally or subject to conditions.

(3) Before giving any consent for the purposes of subsection (1) above, the Secretary of State—

(a) shall satisfy himself that the person who is seeking the consent has taken appropriate steps to consult every tenant of any land or house proposed to be disposed of; and

(b) shall have regard to the responses of any such tenants to that consultation.

(4) The consent of Scottish Homes under section 9 of the Housing Associations Act 1985 (control of dispositions) is not required for any disposal, or disposals of any class or description, in respect of which consent is given under subsection (1) above.

(5) In this section references to disposing of property include references to—

(a) granting or disposing of any interest in property;

(b) entering into a contract to dispose of property or to grant or dispose of any such interest; and

(c) granting an option to acquire property or any such interest.”]

Textual Amendments

F367 S. 134 repealed (30.9.2002) by 2001 asp 10, ss. 112, 113(1), Sch. 10 para. 15(7); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions in arts. 3-5)

Marginal Citations

M101 1987 c. 26.

[F368 135 Consultation before disposal: Scotland. E+W

(1) In Part III of the M102 Housing (Scotland) Act 1987 (rights of public sector tenants) after section 81 there shall be inserted the following section—

“ Consultation before disposal to private sector landlord E+W

81B Consultation before disposal to private sector landlord.

The provisions of Schedule 6A have effect with respect to the duties of—

(a) a local authority proposing to dispose of houses let on secure tenancies;

(b) the Secretary of State in considering whether to give his consent under section 12(7) to such a disposal,

to have regard to the views of tenants liable as a result of the disposal to cease to be secure tenants (that is to say, tenants under secure tenancies).”

(2) After Schedule 6 to the Housing (Scotland) Act 1987 there shall be inserted, as Schedule 6A, the Schedule set out in Schedule 16 to this Act.

(3) The amendments made by this section apply to disposals after the coming into force of this section.]

Textual Amendments

F368 S. 135 repealed (30.9.2002) by 2001 asp 10, ss. 112, 113(1), Sch. 10 para. 15(7); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions in arts. 3-5)

Commencement Information

I2 S. 135 wholly in force at 21.2.1992 see s. 141(2) and S.I. 1992/324, art. 2

Marginal Citations

M102 1987 c. 26.

136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F369 E+W+S

Textual Amendments

F369 Ss. 132(4)(5), 136 repealed by Local Government and Housing Act 1989 (c. 42, SIF 61),s. 194(2), Sch. 12 Pt. I

Codes of practice E+W+S

137 Codes of practice in field of rented housing. E+W+S

F370 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F370 S. 137 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 91, 93, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(c)(d) (subject to art. 3)

Supplementary E+W+S

138 Financial provisions. E+W+S

(1) There shall be paid out of money provided by Parliament—

(a) any sums required for the payment by the Secretary of State of grants under this Act;

(b) any sums required to enable the Secretary of State to make payments to housing action trusts established under Part III of this Act;

(c) any other expenses of the Secretary of State under this Act; and

(d) any increase attributable to this Act in the sums so payable under any other enactment.

(2) Any sums received by the Secretary of State under this Act, other than those required to be paid into the National Loans Fund, shall be paid into the Consolidated Fund.

139 Application to Isles of Scilly. E+W+S

(1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

(2) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

140 Amendments and repeals. E+W+S

(1) Schedule 17 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act and the M103 Housing (Scotland) Act 1988, shall have effect F371 . . ..

(2) The enactments specified in Schedule 18 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision at the end of that Schedule and to any saving in Chapter V of Part I of or Schedule 17 to this Act.

Textual Amendments

F371 Words in s. 140(1) repealed (1.11.1998) by 1998 c. 38, s. 140, 152, Sch. 16 para. 72, Sch. 18 Pt. VI (with 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

Commencement Information

I3 S. 140 partly in force; s. 140(2) partly in force for certain purposes at 1.4.1991, see s. 141(2)(3)(4) and S.I. 1991/954, art. 2

Marginal Citations

M103 1988 c. 43.

141 Short title, commencement and extent. E+W+S

(1) This Act may be cited as the Housing Act 1988.

(2) The provisions of Parts II and IV of this Act and sections 119, 122, 124, 128, 129, 135 and 140 above shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions or for different purposes.

(3) Part I and this Part of this Act, other than sections 119, 122, 124, 128, 129, 132, 133, 134, 135 and 138 onwards, shall come into force at the expiry of the period of two months beginning on the day it is passed; and any reference in those provisions to the commencement of this Act shall be construed accordingly.

(4) An order under subsection (2) above may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force by the order.

(5) Parts I, III and IV of this Act and this Part, except sections 118, 128, 132, 134, 135 and 137 onwards, extend to England and Wales only.

(6) This Act does not extend to Northern Ireland.

Subordinate Legislation Made

P1 S. 141(2)(4) power partly exercised; 1.4.1991 appointed for specified provisions by S.I.1991/954 (with saving and transitional provisions)

S. 141(2) power partly exercised (20.2.1992): 21.2.1992 appointed for specified provisions by S.I. 1992/324, art. 2.

Modifications etc. (not altering text)

C51 Power of appointment conferred by s. 141(2) partly exercised: S.I. 1988/2056, 2152, 1989/203, 404