Textual Amendments
F1Pt. I title substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(1), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F2Words in Pt. I title substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 2; S.I. 2011/2475, arts. 1(2), 2(u)
Modifications etc. (not altering text)
C1Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3
C2Pt. 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.)
Textual Amendments
F3Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
(1)An order under section 46(1) shall confer on the manager power generally to do all such things as are necessary for carrying out his functions.
(2)The order may include the following specific powers—
1.Power to take possession of the land held by the landlord and for that purpose to take any legal proceedings which seem to him expedient.
2.Power to sell or otherwise dispose of the land by public auction or private contract.
3.Power to raise or borrow money and for that purpose to grant security over the land.
4.Power to appoint a solicitor or accountant or other professionally qualified person to assist him in the performance of his functions.
5.Power to bring or defend legal proceedings relating to the land in the name and on behalf of the landlord.
6.Power to refer to arbitration any question affecting the land.
7.Power to effect and maintain insurance in respect of the land.
8.Power where the landlord is a body corporate to use the seal of the body corporate for purposes relating to the land.
9.Power to do all acts and to execute in the name and on behalf of the landlord any deed, receipt or other document relating to the land.
10.Power to appoint an agent to do anything which he is unable to do for himself or which can more conveniently be done by an agent, and power to employ and dismiss any employees.
11.Power to do all such things (including the carrying out of works) as may be necessary in connection with the management or transfer of the land.
12.Power to make any payment which is necessary or incidental to the performance of his functions.
13.Power to carry on the business of the landlord so far as relating to the management or transfer of the land.
14.Power to grant or accept a surrender of a lease or tenancy of any of the land, and to take a lease or tenancy of any property required or convenient for the landlord’s housing activities.
15.Power to make any arrangement or compromise on behalf of the landlord in relation to the management or transfer of the land.
16.Power to do all other things incidental to the exercise of any of the above powers.
(3)In carrying out his functions the manager acts as the landlord’s agent and he is not personally liable on a contract which he enters into as manager.
(4)A person dealing with the manager in good faith and for value is not concerned to inquire whether the manager is acting within his powers.
(5)The manager shall, so far as practicable, consult the landlord’s tenants about any exercise of his powers which is likely to affect them and inform them about any such exercise of his powers.
Modifications etc. (not altering text)
C3S. 47(2) 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