C1C8Part I Social Rented Sector
Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)
Chapter V Miscellaneous and general provisions
Housing complaints
I151 Schemes for investigation of complaints.
1
The provisions of Schedule 2 have effect for the purpose of enabling tenants and other individuals to have complaints against social landlords investigated by a housing ombudsman in accordance with a scheme approved by the Secretary of State.
2
For the purposes of that Schedule a “social landlord” means—
a
a registered social landlord F1or a body which was at any time a registered social landlord;
b
a transferee of housing pursuant to F22—
i
a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act; or
ii
a qualifying disposal that was made under section 135 of the M1Leasehold Reform, Housing and Urban Development Act 1993;
c
a body which has acquired dwellings under Part IV of the M2Housing Act 1988 (change of landlord: secure tenants); or
3
In subsection (2)(d) a “publicly-funded dwelling” means a dwelling which was—
a
b
acquired on a disposal by a public sector landlord.
4
The Secretary of State may by order add to or amend the descriptions of landlords who are to be treated as social landlords for the purposes of Schedule 2.
5
Before making any such order the Secretary of State shall consult such persons as he considers appropriate.
6
Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F147
This section shall not apply in relation to social landlords in Wales (within the meaning given by F18 section 41 of the Public Services Ombudsman (Wales) Act 2005 ).
F17F1351AF12Social Housing Ombudsman for Wales
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17F1351BInvestigation of complaints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17F1351CMeaning of “social landlord in Wales”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Orders and determinations
52 General provisions as to orders.
1
2
An order may make different provision for different cases or descriptions of case.
This includes power to make different provision for different bodies or descriptions of body, different provision for different housing activities and different provision for different areas.
3
An order may contain such supplementary, incidental, consequential or transitional provisions and savings as the Secretary of State considers appropriate.
C2C553 General provisions as to determinations.
1
The following provisions apply to determinations of the F4Housing Corporation or the Secretary of State under this Part.
2
A determination may make different provision for different cases or descriptions of case.
This includes power to make—
a
different provision for different registered social landlords or descriptions of registered social landlord, and
b
different provision for different housing activities and different provision for different areas;
and for the purposes of paragraph (b) 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.
3
In this Part a general determination means a determination which does not relate solely to a particular case.
4
Before making a general determination, the F4Housing Corporation or the Secretary of State shall consult such bodies appearing to them to be representative of registered social landlords as they consider appropriate.
5
After making a general determination, the F4Housing Corporation or the Secretary of State shall publish the determination in such manner as they consider appropriate for bringing the determination to the notice of the landlords concerned.
C3C654 Determinations of the Housing Corporation requiring approval.
The F5Housing Corporation shall not make—
a
a general determination under paragraph 16 of Schedule 1 (accounting and audit requirements for registered social landlords) or section 18 (social housing grant), or
b
any determination under section 27 (recovery, &c. of social housing grants),F20or
c
any determination under section 27B (transfer of property funded by grants under section 27A),
except with the approval of the Secretary of State.
Minor and consequential amendments
I255 Minor and consequential amendments: Part I.
1
The enactments mentioned in Schedule 3 have effect with the minor amendments specified there.
2
The Secretary of State may by order make such amendments or repeals of any enactment as appear to him necessary or expedient in consequence of the provisions of this Part.
3
Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Interpretation
C756 Meaning of “the F6Relevant Authority”.
1
2
In relation to a registered social landlord, or a body applying for such registration, which is—
a
a registered charity which has its address for the purposes of registration by the F21Charity Commission in Wales,
b
an industrial and provident society which has its registered office for the purposes of the M5Industrial and Provident Societies Act 1965 in Wales, or
c
a company registered under the M6Companies Act 1985 which has its registered office for the purposes of that Act in Wales,
3
In relation to any other registered social landlord or body applying for such registration, “the F6Relevant Authority” means the Housing Corporation.
4
Nothing in this Part shall be construed as requiring the Housing Corporation and F7the Secretary of State to establish the same criteria for registration as a social landlord, or otherwise to act on the same principles in respect of any matter in relation to which they have functions under this Part.
57 Definitions relating to industrial and provident societies.
1
In this Part, in relation to an industrial and provident society—
F8. . .
“committee” means the committee of management or other directing body of the society; and
“co-opted member”, in relation to the committee, includes any person co-opted to serve on the committee, whether he is a member of the society or not.
2
Any reference in this Part to a member of the committee of an industrial and provident society includes a co-opted member.
58 Definitions relating to charities.
1
In this Part—
a
“charity” and “trusts”, in relation to a charity, have the same meaning as in the M7Charities Act 1993, and “trustee” means a charitable trustee within the meaning of that Act; and
2
References in this Part to a company registered under the M8Companies Act 1985 do not include a company which is a registered charity, except where otherwise provided.
59 Meaning of “officer” of registered social landlord.
1
References in this Part to an officer of a registered social landlord are—
a
in the case of a registered charity which is not a company registered under the Companies Act 1985, to any trustee, secretary or treasurer of the charity;
b
in the case of an industrial and provident society, to any officer of the society as defined in section 74 of the M9Industrial and Provident Societies Act 1965; and
c
in the case of a company registered under the Companies Act 1985 (including such a company which is also a registered charity), to any director or other officer of the company within the meaning of that Act.
2
Any such reference includes, in the case of an industrial and provident society, a co-opted member of the committee of the society.
60 Meaning of “subsidiary”.
1
In this Part “subsidiary”, in relation to a registered social landlord, means a company with respect to which one of the following conditions is fulfilled—
a
the landlord is a member of the company and controls the composition of the board of directors;
b
the landlord holds more than half in nominal value of the company’s equity share capital; or
c
the company is a subsidiary, within the meaning of the Companies Act 1985 or the M10Friendly and Industrial and Provident Societies Act 1968, of another company which, by virtue of paragraph (a) or paragraph (b), is itself a subsidiary of the landlord.
2
For the purposes of subsection (1)(a), the composition of a company’s board of directors shall be deemed to be controlled by a registered social landlord if, but only if, the landlord, by the exercise of some power exercisable by him without the consent or concurrence of any other person, can appoint or remove the holders of all or a majority of the directorships.
3
In relation to a company which is an industrial and provident society—
a
any reference in this section to the board of directors is a reference to the committee of management of the society; and
b
the reference in subsection (2) to the holders of all or a majority of the directorships is a reference—
i
to all or a majority of the members of the committee, or
ii
if the landlord is himself a member of the committee, such number as together with him would constitute a majority.
4
In the case of a registered social landlord which is a body of trustees, references in this section to the landlord are to the trustees acting as such.
61 Meaning of “associate”.
1
In this Part “associate”, in relation to a registered social landlord, means—
a
any body of which the landlord is a subsidiary, and
b
any other subsidiary of such a body.
2
62 Members of a person’s family: Part I.
1
A person is a member of another’s family within the meaning of this Part if—
a
b
he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.
2
For the purpose of subsection (1)(b)—
a
a relationship by marriage F16 or civil partnership shall be treated as a relationship by blood,
b
a relationship of the half-blood shall be treated as a relationship of the whole blood, and
c
the stepchild of a person shall be treated as his child.
63 Minor definitions: Part I.
1
In this Part—
“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
“fully mutual”, in relation to a housing association, and “co-operative housing association” have the same meaning as in the M13Housing Associations Act 1985 (see section 1(2) of that Act);
“hostel” means a building in which is provided for persons generally or for a class or classes of persons—
- a
residential accommodation otherwise than in separate and self-contained premises, and
- b
either board or facilities for the preparation of food adequate to the needs of those persons, or both;
- a
“house” includes—
- a
any part of a building occupied or intended to be occupied as a separate dwelling, and
- b
any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
- a
“housing accommodation” includes flats, lodging-houses and hostels;
“housing activities” means, in relation to a registered social landlord, all its activities in pursuance of the purposes, objects and powers mentioned in or specified under section 2;
“information” includes accounts, estimates and returns;
“local authority” has the same meaning as in the M14Housing Associations Act 1985;
“long tenancy” has the same meaning as in Part V of the M15Housing Act 1985;
“modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly;
“notice” means notice in writing;
“public sector landlord” means any of the authorities or bodies within section 80(1) of the Housing Act 1985 (the landlord condition for secure tenancies);
“registrar of companies” has the same meaning as in the M16Companies Act 1985;
“statutory tenancy” has the same meaning as in the Housing Act 1985.
2
References in this Part to the provision of a dwelling or house include the provision of a dwelling or house—
a
by erecting the dwelling or house, or converting a building into dwellings or a house, or
b
by altering, enlarging, repairing or improving an existing dwelling or house;
and references to a dwelling or house provided by means of a grant or other financial assistance are to its being so provided directly or indirectly.
64 Index of defined expressions: Part I.
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section)—
appointed person (in relation to inquiry into affairs of registered social landlord) | paragraph 20 of Schedule 1 |
F9. . . | F9. . . |
associate (in relation to a registered social landlord) | section 61(1) |
assured tenancy | section 230 |
assured agricultural occupancy | section 230 |
assured shorthold tenancy | section 230 |
charity | section 58(1)(a) |
committee member (in relation to an industrial and provident society) | section 57(2) |
company registered under the Companies Act 1985 | section 58(2) |
co-operative housing association | section 63 |
co-opted member (of committee of industrial and provident society) | section 57(1) |
F10. . . | F10. . . |
disposal proceeds fund | section 24 |
dwelling | section 63 |
enactment | section 230 |
fully mutual housing association | section 63 |
hostel | section 63 |
house | section 63 |
housing accommodation | section 63 |
housing activities | section 63 |
housing association | section 230 |
industrial and provident society | section 2(1)(b) |
information | section 63 |
lease | section 229 |
local authority | section 63 |
long tenancy | section 63 |
member of family | section 62 |
modifications | section 63 |
notice | section 63 |
officer of registered social landlord | section 59 |
provision (in relation to dwelling or house) | section 63(2) |
public sector landlord | section 63 |
register, registered and registration (in relation to social landlords) | section 1 |
registered charity | section 58(1)(b) |
registrar of companies | section 63 |
F11the Relevant Authority | section 56 |
relevant disposal which is not an exempted disposal (in sections 11 to 14) | section 15 |
secure tenancy | section 230 |
social housing grant | section 18(1) |
statutory tenancy | section 63 |
subsidiary (in relation to a registered social landlord) | section 60(1) |
trustee and trusts (in relation to a charity) | section 58(1)(a) |
Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3