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Version Superseded: 22/11/2012
Point in time view as at 15/01/2012.
Housing Act 1988, Cross Heading: Local authority tenancies etc. is up to date with all changes known to be in force on or before 28 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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12(1)A tenancy under which the interest of the landlord belongs to—E+W
(a)a local authority, as defined in sub-paragraph (2) below;
[F1(b)the Homes and Communities Agency but only if the tenancy falls within subsections (2A) to (2E) of section 80 of the Housing Act 1985;
(ba)the Welsh Ministers but only if the tenancy falls within subsections (2A) to (2E) of section 80 of the Housing Act 1985;]
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)an urban development corporation established by an order under section 135 of the M1Local Government, Planning and Land Act 1980;
[F3(da)a Mayoral development corporation;]
[F4(da)a National Park authority;]
(e)a development corporation, within the meaning of the M2New Towns Act 1981;
(f)an authority established under section 10 of the M3Local Government Act 1985 (waste disposal authorities);
[F5(fa)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);]
(g)a residuary body, within the meaning of the Local Government Act 1985;
[F6(gg)The Residuary Body for Wales (Corff Gweddilliol Cymru);]
(h)a fully mutual housing association; or
(i)a housing action trust established under Part III of this Act.
(2)The following are local authorities for the purposes of sub-paragraph (1)(a) above—
(a)the council of a county, [F7county borough,] district or London borough;
(b)the Common Council of the City of London;
(c)the Council of the Isles of Scilly;
(d)the Broads Authority;
(e)the Inner London Education Authority; and
[F8(ee)the London Fire and Emergency Planning Authority;]
(f)a joint authority, within the meaning of the Local Government Act 1985;
[F9(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;] and
[F10(g)a police authority established under [F11section 3 of the Police Act 1996][F12and the Metropolitan Police Authority.]]
Textual Amendments
F1Sch. 1 para. 12(b)(ba) substituted (1.12.2008) for Sch. 1 para. 12(b) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), arts. 1(2), 4, Sch. 1 para. 40 (with Sch. 2); S.I. 2008/3038, art. 2(1)(b) (with arts. 6-13)
F2Sch. 1 para. 12(1)(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
F3Sch. 1 para. 12(1)(da) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 29
F4Sch. 1 para. 12 (1)(da) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 28 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art, 2(1)
F5Sch. 1 para. 12(1)(fa) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 44; S.I. 2008/917, art. 2(1)(p)
F6Sch. 1 para. 12(1)(gg) inserted (5.7.1994) by 1994 c. 19, ss. 22(2), 66(2)(b), Sch. 13 para. 31 (with ss. 54(7), 55(5), Sch. 17 paras. 22(1), 23(2))
F7Words in Sch. 1 para. 12(2)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 9(2) (with ss. 54(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F8Sch. 1 para. 12(2)(ee) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 53 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(i)
F9Sch. 1 para. 12(2)(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(3); S.I. 2009/3318, art. 2
F10Sch. 1 para. 12(2)(g) inserted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 62; S.I. 1994/2025, art. 6(2)(g); S.I. 1994/3262, art. 4, Sch.
F11Words in Sch. 1 para. 12(2)(g) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(zc)
F12Words in Sch. 1 para. 12(2)(g) substituted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 3 para. 74; S.I. 2002/344, art. 3(k) (with art. 4)
Modifications etc. (not altering text)
C1Sch.1 Pt.1 para.12 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.)
C2Sch.1 Pt.1 para.12 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)(9)}; S.I.2006/1060, art.2(1)(a) (with Sch.); S.I.2006/1535, art. 2(a) (with Sch.)
C3Sch. 1 Pt. 1 para.12 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.)
C4Sch.1 Pt. 1 para. 12 excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 124(8) (with s. 124(9)(10)); S.I.2006/1060,{art. 2(1)(a)} (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
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