Search Legislation

Housing Act 1996

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Part IV

 Help about opening options

Version Superseded: 01/04/2009

Alternative versions:

Status:

Point in time view as at 30/09/2002.

Changes to legislation:

Housing Act 1996, Part IV is up to date with all changes known to be in force on or before 25 December 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. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Part IVU.K. Other housing provisions

Abolition of consent requirements for exercise of certain housing powersE+W

20E+WSection 16 of the M1Housing Act 1985 (consent requirements for exercise of certain housing powers) shall cease to have effect.

Marginal Citations

Amendments of section 133 of the Housing Act 1988E+W

21(1)Section 133 of the M2Housing Act 1988 (consent required for certain subsequent disposals) is amended as follows.E+W

(2)After subsection (1) insert—

(1A)This section does not apply if the original disposal was made before the date on which this section comes into force..

The amendment made by this sub-paragraph shall be deemed always to have had effect.

(3)After subsection (2) insert—

(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..

(4)After subsection (5) insert—

(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..

Marginal Citations

Abolition of requirements for Treasury consentE+W

22(1)Any requirement in the following enactments for the consent or approval of the Treasury shall cease to have effect—E+W

(a)in the M3Rent Act 1977—

  • section 63(2) (schemes for appointment of rent officers), and

  • Schedule 10 (rent assessment committees);

(b)Schedule 26 to the M4Local Government, Planning and Land Act 1980 (urban development corporations);

(c)in the M5Housing Act 1985—

  • section 156(4) (liability to repay discount: approved lending institutions), and

  • section 429A (financial assistance for persons concerned with housing management);

(d)in the M6Housing Associations Act 1985—

  • section 85(2) (meaning of “recognised body”), and

  • paragraphs 5 and 6 of Schedule 6 (remuneration, allowances and pensions);

(e)Schedule 7 to the Housing Act 1988 (constitution of housing action trusts);

(f)Schedule 17 to the M7Leasehold Reform, Housing and Urban Development Act 1993 (constitution of the Urban Regeneration Agency).

(2)In Schedule 10 to the Rent Act 1977 (rent assessment committees), in paragraph 9(c), for “the Minister for the Civil Service” substitute “ the Secretary of State ”.

(3)The amendments in this paragraph do not extend to Scotland.

Extent Information

E1For extent of Sch. 18 para. 22 see (3) of the para. (and s. 231)

Marginal Citations

Disposal of dwelling-houses subject to secure tenancies: consultation requirementsE+W

23E+WIn section 106A of the M8Housing Act 1985 (consultation before disposal to private sector landlord) at the end insert—

(3)That Schedule, and this section, do not apply in relation to any disposal of an interest in land by a local authority if—

(a)the interest has been acquired by the authority (whether compulsorily or otherwise) following the making of an order for compulsory purchase under any enactment, other than section 290 (acquisition of land for clearance),

(b)the order provides that the interest is being acquired for the purpose of disposal to a registered social landlord, and

(c)such a disposal is made within one year of the acquisition.

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

Marginal Citations

Powers of local housing authorities to acquire land for housing purposesU.K.

24(1)In section 17(2) of the Housing Act 1985 (acquisition of land for housing purposes) at end insert “ or facilities which serve a beneficial purpose in connection with the requirements of persons for whom housing accommodation is provided ”.U.K.

(2)In section 74(3)(b) of the M9Local Government and Housing Act 1989 (land excluded from Housing Revenue Account) at end insert “ or facilities which serve a beneficial purpose in connection with the requirements of persons for whom housing accommodation is provided ”.

Marginal Citations

Housing action trustsU.K.

25(1)In section 63 of the M10Housing Act 1988 (objects etc of housing action trusts)—U.K.

(a)in subsection (1)(d) after “conditions” insert “ of those living ”; and

(b)after subsection (2) insert—

(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..

(2)In section 64 of that Act (proposals for area of housing action trust) in subsections (1) and (5) after “in” insert “ relation to ”.

Marginal Citations

Preserved right to buyE+W

26(1)In section 171B of the Housing Act 1985 (qualifying persons in relation to preserved right to buy)—E+W

(a)in subsection (4)(a), at the end insert “ or in whom that assured tenancy vested under section 17 of the Housing Act 1988 (statutory succession to assured tenancy) ”; and

(b)in subsection (5)(b), for “subsection (4)(a) or (b)” substitute “ subsection (4) ”.

(2)The amendment made by sub-paragraph (1)(a) does not apply in relation to qualifying disposals (within the meaning of Part V of the M11Housing Act 1985) made before, or made under a contract entered into before, the day on which this paragraph comes into force.

Marginal Citations

Local authority assistance in connection with mortgagesU.K.

27(1)Section 442 of the Housing Act 1985 (agreements by local authority to indemnify mortgagees) is amended as follows.E+W

(2)In subsection (1)—

(a)for the words from the beginning to “house” (in the second place it appears) substitute “ A local authority may enter into an agreement with a person or body making an advance on the security of a house (or a building to be converted into a house) ”;

(b)for “society or body” (in both places) substitute “ mortgagee ”.

(3)After subsection (1) insert—

(1A)The local authority may only enter into the agreement if the advance is for one or more of the purposes specified in subsection (1) of section 435; and subsections (2) to (4) of that section apply in relation to power to enter into such an agreement as they apply to the power to make an advance under that section..

(4)In subsection (2) for “building society or recognised body” substitute “ mortgagee ”;

(5)Subsections (4) and (5) shall cease to have effect.

28E+WIn section 443 of the Housing Act 1985 (local authority contributions to mortgage costs)—

(a)in subsection (1), for “a building society or recognised body” substitute “ any person or body ”; and

(b)subsections (2) and (3) shall cease to have effect.

29(1)For section 444 of the Housing Act 1985 (meaning of “recognised body” and “relevant advance”) substitute—E+W

444 Relevant advances for the purposes of section 443.

The expression “relevant advance” in section 443 (contributions to mortgage costs) means an advance made to a person whose interest in the house (or building to be converted into a house) on the security of which the advance is made is, or was, acquired by virtue of a conveyance of the freehold, or a grant or assignment of a long lease, by a housing authority..

(2)Any reference in an agreement made under section 442 of the Housing Act 1985 before the date on which this paragraph comes into force which defines the expression “recognised body” by reference to section 444 of that Act shall (notwithstanding the amendment made by sub-paragraph (1) of this paragraph) continue to have the same meaning as it had immediately before that date.

30U.K.In paragraph 21(d) of Schedule 13 to the M12Local Government (Wales) Act 1994 (Residuary Body a local authority for purposes of section 442 of Housing Act 1985)—

(a)omit the words from “(so” to “subsection (1)(b))”, and

(b)after “local authority” insert “ agreement to indemnify mortgagee and ”.

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources