Search Legislation

Advanced Search

Housing and Planning Act 2016

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Housing and Planning Act 2016. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team 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.

  1. Introductory Text

  2. PART 1 New homes in England

    1. CHAPTER 1 Starter homes

      1. 1.Purpose of this Chapter

      2. 2.What is a starter home?

      3. 3.Power to require payments or discounts on resale (subject to tapering) etc

      4. 4.General duty to promote supply of starter homes

      5. 5.Planning permission: provision of starter homes

      6. 6.Monitoring

      7. 7.Compliance directions

      8. 8.Interpretation of this Chapter

    2. CHAPTER 2 Self-build and custom housebuilding

      1. 9.Definitions

      2. 10.Duty to grant planning permission etc

      3. 11.Exemption from duty

      4. 12.Further and consequential amendments

  3. PART 2 Rogue landlords and property agents in England

    1. CHAPTER 1 Introduction

      1. 13.Introduction to this Part

    2. CHAPTER 2 Banning orders

      1. Banning orders: key definitions

        1. 14.“Banning order” and “banning order offence”

      2. Imposition of banning orders

        1. 15.Application and notice of intended proceedings

        2. 16.Making a banning order

        3. 17.Duration and effect of banning order

        4. 18.Content of banning order: involvement in bodies corporate

        5. 19.Power to require information

        6. 20.Revocation or variation of banning orders

      3. Consequences of banning order, including consequences of breach

        1. 21.Offence of breach of banning order

        2. 22.Offences by bodies corporate

        3. 23.Financial penalty for breach of banning order

        4. 24.Saving for illegal contracts

        5. 25.Banned person may not hold HMO licence etc

        6. 26.Management orders following banning order

      4. Anti-avoidance

        1. 27.Prohibition on certain disposals

    3. CHAPTER 3 Database of rogue landlords and property agents

      1. The database and its content

        1. 28.Database of rogue landlords and property agents

        2. 29.Duty to include person with banning order

        3. 30.Power to include person convicted of banning order offence

        4. 31.Procedure for inclusion under section 30

        5. 32.Appeals

        6. 33.Information to be included in the database

        7. 34.Updating

        8. 35.Power to require information

      2. Removal or variation

        1. 36.Removal or variation of entries made under section 30

        2. 37.Requests for exercise of powers under section 36 and appeals

      3. Access to information in the database

        1. 38.Access to database

        2. 39.Use of information in database

    4. CHAPTER 4 Rent repayment orders

      1. Rent repayment orders: introduction

        1. 40.Introduction and key definitions

      2. Application for rent repayment order

        1. 41.Application for rent repayment order

        2. 42.Notice of intended proceedings

      3. Making of rent repayment order

        1. 43.Making of rent repayment order

        2. 44.Amount of order: tenants

        3. 45.Amount of order: local housing authorities

        4. 46.Amount of order following conviction

      4. Enforcement of rent repayment order

        1. 47.Enforcement of rent repayment orders

      5. Local housing authority functions

        1. 48.Duty to consider applying for rent repayment orders

        2. 49.Helping tenants apply for rent repayment orders

      6. Amendments etc and interpretation

        1. 50.Rent repayment orders: consequential amendments

        2. 51.Housing benefit: inclusion pending abolition

        3. 52.Interpretation of Chapter

    5. CHAPTER 5 Appeals under this Part

      1. 53.Appeals from the first-tier tribunal

    6. CHAPTER 6 Interpretation of Part 2

      1. 54.Meaning of “letting agent” and related expressions

      2. 55.Meaning of “property manager” and related expressions

      3. 56.General interpretation of Part

  4. PART 3 Recovering abandoned premises in England

    1. 57.Recovering abandoned premises

    2. 58.The unpaid rent condition

    3. 59.Warning notices

    4. 60.Reinstatement

    5. 61.Methods for giving notices under sections 57 and 59

    6. 62.Interpretation of Part

    7. 63.Consequential amendment to Housing Act 1988

  5. PART 4 Social housing in England

    1. CHAPTER 1 Implementing the right to buy on a voluntary basis

      1. Funding of discounts offered to tenants

        1. 64.Grants by Secretary of State

        2. 65.Grants by Greater London Authority

      2. Monitoring compliance

        1. 66.Monitoring

      3. Amendments to other legislation

        1. 67.Consequential changes to HCA's duty to give grants

      4. Interpretation

        1. 68.Interpretation of Chapter

    2. CHAPTER 2 Vacant higher value local authority housing

      1. Payments to Secretary of State by local housing authorities

        1. 69.Payments to Secretary of State

        2. 70.Housing to be taken into account

        3. 71.Procedure for determinations

        4. 72.More about determinations

        5. 73.Determinations in the first year that section 69 comes into force

        6. 74.Reduction of payment by agreement

        7. 75.Set off against repayments under section 69

      2. Duty to consider selling

        1. 76.Duty to consider selling vacant higher value housing

      3. Amendments and interpretation

        1. 77.Local authority disposal of housing: consent requirements

        2. 78.Set off under section 11 of Local Government Act 2003

        3. 79.Interpretation of Chapter

    3. CHAPTER 3 Rents for high income social tenants

      1. Mandatory rents for local authority tenants

        1. 80.Mandatory rents for high income local authority tenants

        2. 81.Meaning of “high income” etc

        3. 82.Information about income

        4. 83.HMRC information

        5. 84.Reverting to original rent levels

        6. 85.Power to change rents and procedure for changing rents

        7. 86.Payment by local authority of increased income to Secretary of State

        8. 87.Provision of information to Secretary of State

        9. 88.Interaction with other legislation and consequential amendments

      2. Private registered providers: rent policies for high income tenants

        1. 89.Private providers: policies for high income social tenants

        2. 90.HMRC information for private registered providers

      3. Interpretation

        1. 91.Interpretation of Chapter

    4. CHAPTER 4 Reducing regulation of social housing etc

      1. 92.Reducing social housing regulation

      2. 93.Reducing local authority influence over private registered providers

      3. 94.Recovery of social housing assistance: successors in title

    5. CHAPTER 5 Insolvency of registered providers of social housing

      1. Housing administration

        1. 95.Housing administration order: providers of social housing in England

        2. 96.Objectives of housing administration

        3. 97.Objective 1: normal administration

        4. 98.Objective 2: keeping social housing in the regulated sector

        5. 99.Applications for housing administration orders

        6. 100.Powers of court

        7. 101.Housing administrators

        8. 102.Conduct of administration etc

        9. 103.Housing administrator may sell land free from planning obligations

      2. Restrictions on other insolvency procedures

        1. 104.Winding-up orders

        2. 105.Voluntary winding up

        3. 106.Making of ordinary administration orders

        4. 107.Administrator appointments by creditors

        5. 108.Enforcement of security

      3. Financial support for registered providers in housing administration

        1. 109.Grants and loans where housing administration order is made

        2. 110.Indemnities where housing administration order is made

        3. 111.Indemnities: repayment by registered provider etc

        4. 112.Guarantees where housing administration order is made

        5. 113.Guarantees: repayment by registered provider etc

      4. Supplementary provisions

        1. 114.Modification of this Chapter under the Enterprise Act 2002

        2. 115.Amendments to housing moratorium and consequential amendments

        3. 116.Interpretation of Chapter

        4. 117.Application of Part to Northern Ireland

    6. CHAPTER 6 Secure tenancies etc.

      1. 118.Secure tenancies etc: phasing out of tenancies for life

      2. 119.Termination of fixed-term secure tenancies without need to forfeit

      3. 120.Succession to secure tenancies and related tenancies

      4. 121.Secure and assured tenancies: transfer of tenancy

  6. PART 5 Housing, estate agents and rentcharges: other changes

    1. Electrical safety standards

      1. 122.Electrical safety standards for properties let by private landlords

      2. 123.Electrical safety standards: enforcement

    2. Accommodation needs in England

      1. 124.Assessment of accommodation needs

    3. Housing regulation in England

      1. 125.Licences for HMO and other rented accommodation: additional tests

      2. 126.Financial penalty as alternative to prosecution under Housing Act 2004

      3. 127.Offence of contravening an overcrowding notice: level of fine

    4. Housing information in England

      1. 128.Tenancy deposit information

      2. 129.Use of information obtained for certain other statutory purposes

      3. 130.Tenants' associations: power to request information about tenants

    5. Administration charges

      1. 131.Limitation of administration charges: costs of proceedings

    6. Enforcement of estate agents legislation

      1. 132.Estate agents: lead enforcement authority

    7. Client money protection schemes for property agents

      1. 133.Power to require property agents to join client money protection schemes

      2. 134.Client money protection schemes: approval or designation

      3. 135.Enforcement of client money protection scheme regulations

    8. Enfranchisement and extension of long leaseholds

      1. 136.Enfranchisement and extension of long leaseholds: calculations

    9. Rentcharges

      1. 137.Redemption price for rentcharges

      2. 138.Procedure for redeeming English rentcharges

  7. PART 6 Planning in England

    1. Neighbourhood planning

      1. 139.Designation of neighbourhood areas

      2. 140.Timetable in relation to neighbourhood development orders and plans

      3. 141.Making neighbourhood development orders and plans: intervention powers

      4. 142.Local planning authority to notify neighbourhood forum of applications

    2. Local planning

      1. 143.Power to direct amendment of local development scheme

      2. 144.Power to give direction to examiner of development plan document

      3. 145.Intervention by Secretary of State

      4. 146.Secretary of State's default powers

      5. 147.Default powers exercisable by Mayor of London or combined authority

      6. 148.Costs of independent examinations held by Secretary of State

    3. Planning in Greater London

      1. 149.Planning powers of the Mayor of London

    4. Permission in principle and local registers of land

      1. 150.Permission in principle for development of land

      2. 151.Local planning authority to keep register of particular kinds of land

    5. Planning permission etc

      1. 152.Approval condition where development order grants permission for building

      2. 153.Planning applications that may be made directly to Secretary of State

      3. 154.Planning freedoms: right for local areas to request alterations to planning system

      4. 155.Local planning authorities: information about financial benefits

      5. 156.Local planning authorities: information about neighbourhood development plans

      6. 157.Planning applications etc: setting of fees

    6. Planning obligations

      1. 158.Resolution of disputes about planning obligations

      2. 159.Planning obligations and affordable housing

    7. Nationally significant infrastructure projects

      1. 160.Development consent for projects that involve housing

    8. Powers for piloting alternative provision of processing services

      1. 161.Processing of planning applications by alternative providers

      2. 162.Regulations under section 161: general

      3. 163.Regulations under section 161: fees and payments

      4. 164.Regulations under section 161: information

    9. Review of minimum energy performance requirements

      1. 165.Review of minimum energy performance requirements

    10. Urban development corporations

      1. 166.Designation of urban development areas: procedure

      2. 167.Establishment of urban development corporations: procedure

      3. 168.Sections 166 and 167: consequential repeals

    11. New towns

      1. 169.Designation of new town areas and establishment of corporations: procedure

      2. 170.New towns: objects of development corporations in England

    12. Sustainable drainage

      1. 171.Sustainable drainage

  8. PART 7 Compulsory purchase etc

    1. Right to enter and survey land

      1. 172.Right to enter and survey land

      2. 173.Warrant authorising use of force to enter and survey land

      3. 174.Notice of survey and copy of warrant

      4. 175.Enhanced authorisation procedures etc. for certain surveys

      5. 176.Right to compensation after entry on or survey of land

      6. 177.Offences in connection with powers to enter land

      7. 178.Right to enter and survey or value Crown land

      8. 179.Amendments to do with sections 172 to 178

    2. Confirmation and time limits

      1. 180.Timetable for confirmation of compulsory purchase order

      2. 181.Confirmation by inspector

      3. 182.Time limits for notice to treat or general vesting declaration

    3. Vesting declarations: procedure

      1. 183.Notice of general vesting declaration procedure

      2. 184.Earliest vesting date under general vesting declaration

      3. 185.No general vesting declaration after notice to treat

    4. Possession following notice to treat etc

      1. 186.Extended notice period for taking possession following notice to treat

      2. 187.Counter-notice requiring possession to be taken on specified date

      3. 188.Agreement to extend notice period for possession following notice to treat

      4. 189.Corresponding amendments to the New Towns Act 1981

      5. 190.Abolition of alternative possession procedure following notice to treat

      6. 191.Extended notice period for taking possession following vesting declaration

    5. Compensation

      1. 192.Making a claim for compensation

      2. 193.Compensation after withdrawal of notice to treat

      3. 194.Making a request for advance payment of compensation

      4. 195.Power to make and timing of advance payment

      5. 196.Interest on advance payments of compensation

      6. 197.Repayment of advance payment where no compulsory purchase

      7. 198.Repayment of payment to mortgagee if land not acquired

    6. Disputes

      1. 199.Objection to division of land

      2. 200.Objection to division of land: blight notices

      3. 201.Power to quash decision to confirm compulsory purchase order

      4. 202.Extension of compulsory purchase time limit during challenge

    7. Power to override easements and other rights

      1. 203.Power to override easements and other rights

      2. 204.Compensation for overridden easements etc

      3. 205.Interpretation of sections 203 and 204

      4. 206.Amendments to do with sections 203 and 204

  9. PART 8 Public authority land

    1. 207.Engagement with public authorities in relation to proposals to dispose of land

    2. 208.Duty of public authorities to prepare report of surplus land holdings

    3. 209.Power to direct bodies to dispose of land

    4. 210.Reports on improving efficiency and sustainability of buildings owned by local authorities

    5. 211.Reports on improving efficiency and sustainability of buildings in military estate

  10. PART 9 General

    1. 212.Power to make transitional provision

    2. 213.Power to make consequential provision

    3. 214.Regulations: general

    4. 215.Extent

    5. 216.Commencement

    6. 217.Short title

  11. SCHEDULES

    1. SCHEDULE 1

      Financial penalty for breach of banning order

      1. Notice of intent

        1. 1.Before imposing a financial penalty on a person under section...

        2. 2.(1) The notice of intent must be given before the...

        3. 3.The notice of intent must set out—

      2. Right to make representations

        1. 4.(1) A person who is given a notice of intent...

      3. Final notice

        1. 5.After the end of the period for representations the local...

        2. 6.If the authority decides to impose a financial penalty on...

        3. 7.The final notice must require the penalty to be paid...

        4. 8.The final notice must set out— (a) the amount of...

      4. Withdrawal or amendment of notice

        1. 9.(1) A local housing authority may at any time—

      5. Appeals

        1. 10.(1) A person to whom a final notice is given...

      6. Recovery of financial penalty

        1. 11.(1) This paragraph applies if a person fails to pay...

    2. SCHEDULE 2

      Banned person may not hold HMO licence etc

      1. 1.The Housing Act 2004 is amended as follows.

      2. 2.In section 64 (grant or refusal of HMO licence), in...

      3. 3.In section 66 (HMO licence: tests for fitness etc), after...

      4. 4.In section 68 (licences: general requirements and duration), in subsection...

      5. 5.For the heading of section 70 substitute “ Power to...

      6. 6.After section 70 insert— Duty to revoke licence in banning...

      7. 7.In section 88 (grant or refusal of Part 3 licence),...

      8. 8.In section 89 (Part 3 licences: tests for fitness etc),...

      9. 9.In section 91 (licences: general requirements and duration), in subsection...

      10. 10.For the heading of section 93 substitute “ Power to...

      11. 11.After section 93 insert— Duty to revoke licence in banning...

      12. 12.(1) Schedule 5 (licences under Parts 2 and 3: procedure...

    3. SCHEDULE 3

      Management orders following banning order

      1. 1.The Housing Act 2004 is amended as follows.

      2. 2.(1) Section 101 (interim and final management orders) is amended...

      3. 3.(1) Section 102 (making of interim management orders) is amended...

      4. 4.(1) Section 105 (operation of interim management orders) is amended...

      5. 5.(1) Section 110 (financial arrangements while order is in force)...

      6. 6.In section 112 (revocation of interim management orders), after subsection...

      7. 7.(1) Section 113 (making of final management orders) is amended...

      8. 8.(1) Section 114 (operation of final management orders) is amended...

      9. 9.In section 119 (management schemes and accounts), after subsection (4)...

      10. 10.In section 122 (revocation of final management orders), after subsection...

      11. 11.In section 129 (termination of management orders: financial arrangements), in...

      12. 12.(1) Schedule 6 (management orders: procedure and appeals) is amended...

    4. SCHEDULE 4

      Reducing social housing regulation

      1. PART 1 Removal of disposal consent requirements

        1. Housing Act 1985 (c. 68)

          1. 1.(1) Section 171D of the Housing Act 1985 (consent to...

        2. Housing Act 1988 (c. 50)

          1. 2.The Housing Act 1988 is amended as follows.

          2. 3.(1) Section 81 (consent to certain disposals of housing obtained...

          3. 4.(1) Section 133 (consent to certain disposals of housing obtained...

        3. Local Government and Housing Act 1989 (c. 42)

          1. 5.(1) Section 173 of the Local Government and Housing Act...

        4. Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

          1. 6.In Schedule 10 to the Leasehold Reform, Housing and Urban...

        5. Housing and Regeneration Act 2008

          1. 7.The Housing and Regeneration Act 2008 is amended as follows....

          2. 8.In section 60 (structural overview), in subsection (4), in the...

          3. 9.After section 74 insert— Leaving the social housing stock: transfer...

          4. 10.(1) Section 75 (leaving the social housing stock) is amended...

          5. 11.In section 119 (de-registration: voluntary), in subsection (5), omit paragraph...

          6. 12.In section 149 (moratorium: exempted disposals)— (a) omit subsection (6);...

          7. 13.In section 171 (power to dispose), in subsection (3), omit...

          8. 14.For the italic heading above section 172 substitute— “ Notification...

          9. 15.Omit sections 172 to 175 (disposal consents).

          10. 16.For section 176 substitute— Notification of disposal (1) If a private registered provider disposes of a dwelling...

          11. 17.Omit section 179 and the italic heading before it (application...

          12. 18.In section 186 (former registered providers), for “to 175” substitute...

          13. 19.Omit section 187 (change of use, etc).

          14. 20.Omit section 190 (consent to disposals under other legislation).

          15. 21.In section 278A (power to nominate for consultation purposes), for...

      2. PART 2 Restructuring and dissolution: removal of consent requirements etc

        1. 22.The Housing and Regeneration Act 2008 is amended as follows....

        2. 23.In section 115 (profit-making and non-profit organisations), in subsection (9),...

        3. 24.For section 160 substitute— Company: arrangements and reconstructions (1) This section applies to a non-profit registered provider which...

        4. 25.For section 161 substitute— Company: conversion into registered society (1) This section applies to a non-profit registered provider which...

        5. 26.For section 163 substitute— Registered society: restructuring (1) This section applies to a non-profit registered provider which...

        6. 27.In section 165 (registered society: dissolution), for subsection (2) substitute—...

        7. 28.Omit section 166 (winding up petition by regulator).

        8. 29.After section 169 insert— Notification of constitutional changes Registered societies:...

        9. 30.In section 192 (overview), omit paragraph (c).

        10. 31.Omit sections 211 to 214 and the italic heading before...

      3. PART 3 Abolition of disposal proceeds fund

        1. 32.The Housing and Regeneration Act 2008 is amended as follows....

        2. 33.Omit— (a) sections 177 and 178; (b) the italic heading...

        3. 34.(1) Section 181 (meaning of “publicly funded” for purposes of...

        4. 35.Regulations under section 213 in connection with the coming into...

      4. PART 4 Enforcement Powers

        1. 36.The Housing and Regeneration Act 2008 is amended as follows....

        2. 37.In section 269 (appointment of new officers of non-profit registered...

        3. 38.In section 275 (interpretation), for the definition of “mismanagement” substitute—...

    5. SCHEDULE 5

      Conduct of housing administration: companies

      1. PART 1 Modifications of Schedule B1 to the Insolvency Act 1986

        1. Introductory

          1. 1.(1) The applicable provisions of Schedule B1 to the Insolvency...

        2. General modifications of the applicable provisions

          1. 2.Those paragraphs are to have effect as if—

        3. Specific modifications

          1. 3.Paragraph 1 (administration) is to have effect as if—

          2. 4.Paragraph 40 (dismissal of pending winding-up petition) is to have...

          3. 5.Paragraph 42 (moratorium on insolvency proceedings) is to have effect...

          4. 6.Paragraph 44 (interim moratorium) is to have effect as if...

          5. 7.Paragraph 46(6) (date for notifying administrator's appointment) is to have...

          6. 8.Paragraph 49 (administrator's proposals) is to have effect as if—...

          7. 9.Paragraph 54 is to have effect as if the following...

          8. 10.Paragraph 60 (powers of an administrator) has effect as if...

          9. 11.Paragraph 68 (management duties of an administrator) is to have...

          10. 12.Paragraph 73(3) (protection for secured or preferential creditor) is to...

          11. 13.Paragraph 74 (challenge to administrator's conduct) is to have effect...

          12. 14.Paragraph 75(2) (misfeasance) is to have effect as if after...

          13. 15.Paragraph 78 (consent to extension of administrator's term of office)...

          14. 16.Paragraph 79 (end of administration) is to have effect as...

          15. 17.Paragraph 83(3) (notice to registrar when moving to voluntary liquidation)...

          16. 18.Paragraph 84 (notice to registrar when moving to dissolution) is...

          17. 19.Paragraph 87(2) (resignation of administrator) is to have effect as...

          18. 20.Paragraph 89(2) (administrator ceasing to be qualified) is to have...

          19. 21.Paragraph 90 (filling vacancy in office of administrator) is to...

          20. 22.Paragraph 91 (vacancies in court appointments) is to have effect...

          21. 23.Paragraph 98 (discharge from liability on vacation of office) is...

          22. 24.Paragraph 99 (charges and liabilities upon vacation of office by...

          23. 25.Paragraph 100 (joint and concurrent administrators) is to have effect...

          24. 26.Paragraph 101(3) (joint administrators) is to have effect as if...

          25. 27.Paragraph 103 (appointment of additional administrators) is to have effect...

          26. 28.Paragraph 106(2) (penalties) is to have effect as if paragraphs...

          27. 29.Paragraph 109 (references to extended periods) is to have effect...

          28. 30.Paragraph 111 (interpretation) is to have effect as if—

      2. PART 2 Further modifications of Schedule B1 to Insolvency Act 1986: foreign companies

        1. Introductory

          1. 31.(1) This Part of this Schedule applies in the case...

          2. 32.In paragraphs 33 to 38— (a) the provisions of Schedule...

        2. Modifications

          1. 33.In the case of a foreign company—

          2. 34.(1) The applicable provisions and Schedule 1 to the Insolvency...

          3. 35.Paragraph 41 of Schedule B1 to the Insolvency Act 1986...

          4. 36.Paragraph 43(6A) of Schedule B1 to the Insolvency Act 1986...

          5. 37.Paragraph 44(7) of Schedule B1 to the Insolvency Act 1986...

          6. 38.Paragraph 64 of Schedule B1 to the Insolvency Act 1986...

      3. PART 3 Other modifications

        1. General modifications

          1. 39.(1) References within sub-paragraph (2) which are contained—

          2. 40.(1) Paragraph 39, in its application to section 1(3) of...

        2. Modifications of the Insolvency Act 1986

          1. 41.The following provisions of the Insolvency Act 1986 are to...

          2. 42.Section 5 (effect of approval of voluntary arrangements) is to...

          3. 43.Section 6 (challenge of decisions in relation to voluntary arrangements)...

          4. 44.In section 129(1A) (commencement of winding up), the reference to...

        3. Power to make further modifications

          1. 45.(1) The Secretary of State may by regulations amend this...

        4. Interpretation of Part 3 of Schedule

          1. 46.In this Part of this Schedule— “administration order”, “administrator”, “enters...

    6. SCHEDULE 6

      Amendments to housing moratorium and consequential amendments

      1. 1.The Housing and Regeneration Act 2008 is amended as follows....

      2. 2.Omit section 144 (insolvency: preparatory steps notice).

      3. 3.For section 145 substitute— Moratorium A moratorium on the disposal of land by a private...

      4. 4.(1) Section 146 (duration of moratorium) is amended as follows....

      5. 5.(1) Section 147 (further moratorium) is amended as follows.

      6. 6.In section 154 (proposals: effect), in subsection (2), after paragraph...

      7. 7.Omit section 162 (consent to company winding up).

      8. 8.Omit section 164 (consent to registered society winding up).

      9. 9.In section 275 (general interpretation), omit the definition of “working...

      10. 10.In section 276 (index of defined terms), omit the entry...

    7. SCHEDULE 7

      Secure tenancies etc: phasing out of tenancies for life

      1. Law of Property Act 1925 (c. 20)

        1. 1.(1) Section 52 of the Law of Property Act 1925...

      2. Housing Act 1985 (c. 68)

        1. 2.The Housing Act 1985 is amended as follows.

        2. 3.For the italic heading before section 79 substitute— “ Secure...

        3. 4.After section 81 insert— Grant of new secure tenancies in...

        4. 5.In section 82 (security of tenure), in subsection (3), for...

        5. 6.After section 82 insert— “ Orders for possession and expiry...

        6. 7.(1) Section 82A (demoted tenancy) is amended as follows.

        7. 8.In section 83 (proceedings for possession or termination: general notice...

        8. 9.In section 84 (grounds and orders for possession), in subsection...

        9. 10.(1) Section 86 (periodic tenancy arising on termination of fixed...

        10. 11.After section 86 insert— English secure tenancies: review, renewal and...

        11. 12.(1) Section 97 (tenant's improvements require consent) is amended as...

        12. 13.(1) Section 99A (right to compensation for improvements) is amended...

        13. 14.Omit sections 107A to 107E (flexible tenancies).

        14. 15.After section 115A insert— Meaning of “flexible tenancy” (1) For the purposes of this Act, a flexible tenancy...

        15. 16.(1) Section 117 (index of defined expressions) is amended as...

        16. 17.(1) Schedule 1 (tenancies which are not secure tenancies) is...

      3. Landlord and Tenant Act 1985 (c. 70)

        1. 18.(1) Section 13 of the Landlord and Tenant Act 1985...

      4. Housing Act 1996 (c. 52)

        1. 19.The Housing Act 1996 is amended as follows.

        2. 20.(1) Section 124 (introductory tenancies) is amended as follows.

        3. 21.After section 124 insert— New introductory tenancies in England: overall...

        4. 22.(1) Section 125A (extension of trial period by 6 months)...

        5. 23.In section 128 (notice of proceedings for possession), in subsection...

        6. 24.In section 137A (introductory tenancies that are to become flexible...

        7. 25.In section 143A (demoted tenancies), in subsection (1), omit “periodic”....

        8. 26.In section 143E (notice of proceedings for possession), for subsection...

        9. 27.(1) Section 143MA (demoted tenancies that are to become flexible...

        10. 28.After section 143MA insert— Default flexible tenancies when no notice...

      5. Land Registration Act 2002 (c. 9)

        1. 29.In section 132 of the Land Registration Act 2002 (interpretation),...

      6. Localism Act 2011 (c. 20)

        1. 30.The Localism Act 2011 (flexible tenancies: other amendments) is amended...

        2. 31.In section 155, omit subsections (3) and (4).

        3. 32.In section 159 (further provisions about transfer of tenancy under...

      7. Savings for flexible tenancies with only 9 months left to run

        1. 33.(1) Despite the repeal of sections 107D and 107E of...

    8. SCHEDULE 8

      Succession to secure tenancies and related tenancies

      1. Housing Act 1985 (c. 68)

        1. 1.The Housing Act 1985 is amended as follows.

        2. 2.In section 86 (periodic tenancy arising on termination of fixed...

        3. 3.(1) Section 86A (persons qualified to succeed: England) as inserted...

        4. 4.In section 88 (cases where the tenant is a successor),...

        5. 5.(1) Section 89 (succession to periodic tenancy) is amended as...

        6. 6.In section 117 (index of defined expressions), in the entry...

      2. Housing Act 1996 (c. 52)

        1. 7.Before section 131 (but after the italic heading) insert— Persons...

        2. 8.(1) Section 131 (persons qualified to succeed tenant) is amended...

        3. 9.(1) Section 133 (succession to introductory tenancy) is amended as...

        4. 10.Before section 143H (but after the italic heading) insert— Persons...

        5. 11.(1) Section 143H (succession to demoted tenancy) is amended as...

        6. 12.In section 143I (no successor tenant: termination), after “section” insert...

        7. 13.(1) Section 143J of the Housing Act 1996 (demoted tenancies:...

      3. Localism Act 2011 (c. 20)

        1. 14.In section 160 of the Localism Act 2011 (succession to...

      4. Savings

        1. 15.The amendments made by this Schedule do not apply in...

        2. 16.The amendments made by paragraphs 7 and 8 do not...

        3. 17.The amendments made by paragraphs 10 to 13 do not...

    9. SCHEDULE 9

      Financial penalty as alternative to prosecution under Housing Act 2004

      1. 1.The Housing Act 2004 is amended as follows.

      2. 2.In section 30 (offence of failing to comply with improvement...

      3. 3.In section 72 (offences in relation to licensing of HMOs),...

      4. 4.In section 95 (offences in relation to licensing of houses...

      5. 5.In section 139 (overcrowding notices), after subsection (9) insert—

      6. 6.In section 234 (management regulations in respect of HMOs), after...

      7. 7.After section 249 insert— Financial penalties as alternative to prosecution...

      8. 8.After Schedule 13 insert— SCHEDULE 13A Financial penalties under section...

    10. SCHEDULE 10

      Enfranchisement and extension of long leaseholds: calculations

      1. Leasehold Reform Act 1967

        1. 1.(1) In Schedule 1 to the Leasehold Reform Act 1967...

      2. Leasehold Reform, Housing and Urban Development Act 1993

        1. 2.The Leasehold Reform, Housing and Urban Development Act 1993 is...

        2. 3.(1) Section 100 (orders and regulations) is amended as follows....

        3. 4.(1) In Schedule 6, paragraph 7 is amended as follows....

        4. 5.(1) In Schedule 13 (premium and other amounts payable by...

    11. SCHEDULE 11

      Default powers exercisable by Mayor of London or combined authority: Schedule to be inserted in the Planning and Compulsory Purchase Act 2004

    12. SCHEDULE 12

      Permission in principle for development of land: minor and consequential amendments

      1. Town and Country Planning Act 1990 (c. 8)

        1. 1.The Town and Country Planning Act 1990 is amended as...

        2. 2.In section 2A (the Mayor of London: applications of potential...

        3. 3.In the heading before section 61W, after “planning permission” insert...

        4. 4.In section 61W (requirement to carry out pre-application consultation), in...

        5. 5.In section 61X (duty to take account of responses to...

        6. 6.In section 61Y (power to make supplementary provision), in subsection...

        7. 7.In the heading before section 62, after “planning permission” insert...

        8. 8.(1) Section 62 (applications for planning permission) is amended as...

        9. 9.In section 65 (notice etc of applications for planning permission),...

        10. 10.In section 69 (register of applications etc), after paragraph (a)...

        11. 11.(1) Section 70 (determination of applications: general considerations) is amended...

        12. 12.(1) Section 70A (power to decline to determine subsequent application)...

        13. 13.(1) Section 70B (power to decline to determine overlapping application)...

        14. 14.In section 70C (power to decline to determine retrospective application),...

        15. 15.In section 71 (consultation in connection with determinations under section...

        16. 16.In section 71A (assessment of environmental effects), in subsection (1),...

        17. 17.(1) Section 74 (directions etc as to method of dealing...

        18. 18.In section 76C (provisions applying to applications made under section...

        19. 19.In section 76D (deciding applications made under section 62A), in...

        20. 20.(1) Section 77 (references of applications to Secretary of State)...

        21. 21.In section 78 (right of appeal against planning decisions and...

        22. 22.(1) Section 78A (appeal made: functions of local planning authorities)...

        23. 23.(1) Section 79 (determination of appeals) is amended as follows....

        24. 24.In the heading before section 97, after “planning permission” insert...

        25. 25.(1) Section 97 (power to revoke or modify planning permission)...

        26. 26.In section 99 (procedure for section 97 orders: unopposed cases),...

        27. 27.(1) In section 106BB (duty to notify the Mayor of...

        28. 28.(1) Section 107 (compensation where planning permission revoked or modified)...

        29. 29.(1) Section 108 (compensation for refusal or conditional grant of...

        30. 30.In section 109 (apportionment of compensation for depreciation), in the...

        31. 31.In section 284 (validity of development plans and certain orders,...

        32. 32.In section 286 (challenges to validity on ground of authority's...

        33. 33.In section 293 (application to Crown: definitions), in subsection (2A),...

        34. 34.(1) Section 293A (urgent Crown development: application) is amended as...

        35. 35.(1) Section 298A (application for planning permission by Crown) is...

        36. 36.In section 303 (fees for planning applications etc), in subsection...

        37. 37.In section 316 (land of interested planning authorities and development...

        38. 38.In section 322B (local inquiries in London: special provision as...

        39. 39.In section 332 (combined applications), in subsection (1)(a), after “planning...

        40. 40.(1) In section 336 (interpretation), subsection (1) is amended as...

        41. 41.(1) Schedule 1 (local planning authorities: distribution of functions) is...

      2. Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

        1. 42.(1) In section 66 of the Planning (Listed Buildings and...

        2. 43.In section 91(2) of that Act (expressions that have the...

      3. Commons Act 2006 (c. 26)

        1. 44.(1) Schedule 1A to the Commons Act 2006 (exclusion of...

    13. SCHEDULE 13

      Resolution of disputes about planning obligations: Schedule to be inserted in the Town and Country Planning Act 1990

    14. SCHEDULE 14

      Right to enter and survey land: consequential amendments

      1. Defence Act 1842 (5 & 6 Vict c. 94)

        1. 1.In section 16 of the Defence Act 1842, at the...

      2. Coast Protection Act 1949 (12 & 13 Geo 6 c. 74)

        1. 2.In section 25 of the Coast Protection Act 1949, after...

      3. National Parks and Access to the Countryside Act 1949 (12, 13 & 14 Geo 6 c. 97)

        1. 3.(1) Section 108 of the National Parks and Access to...

      4. Land Powers (Defence) Act 1958 (6 & 7 Eliz 2 c. 30)

        1. 4.In section 21 of the Land Powers (Defence) Act 1958,...

      5. Caravan Sites and Control of Development Act 1960 (8 & 9 Eliz 2 c. 62)

        1. 5.In section 26 of the Caravan Sites and Control of...

      6. Compulsory Purchase Act 1965 (c. 56)

        1. 6.In section 11(3) of the Compulsory Purchase Act 1965 for...

      7. Criminal Justice Act 1972 (c. 71)

        1. 7.In the Criminal Justice Act 1972 omit section 60.

      8. Welsh Development Agency Act 1975 (c. 70)

        1. 8.In Schedule 4 to the Welsh Development Agency Act 1975...

      9. Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

        1. 9.In the Local Government (Miscellaneous Provisions) Act 1976 omit section...

      10. Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

        1. 10.In section 43 of the Ancient Monuments and Archaeological Areas...

      11. Local Government, Planning and Land Act 1980 (c. 65)

        1. 11.(1) Section 167 of the Local Government, Planning and Land...

      12. Highways Act 1980 (c. 66)

        1. 12.In section 289 of the Highways Act 1980, after subsection...

      13. New Towns Act 1981 (c. 64)

        1. 13.In section 73(1) of the New Towns Act 1981 omit...

      14. Civil Aviation Act 1982 (c. 16)

        1. 14.(1) Section 50 of the Civil Aviation Act 1982 is...

      15. Industrial Development Act 1982 (c. 52)

        1. 15.In section 14 of the Industrial Development Act 1982 omit...

      16. Housing Act 1985 (c. 68)

        1. 16.In section 54 of the Housing Act 1985, after subsection...

      17. Local Government and Housing Act 1989 (c. 42)

        1. 17.In section 97 of the Local Government and Housing Act...

      18. Electricity Act 1989 (c. 29)

        1. 18.In Schedule 4 to the Electricity Act 1989, in paragraph...

      19. Town and Country Planning Act 1990 (c. 8)

        1. 19.In section 324 of the Town and Country Planning Act...

      20. Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

        1. 20.In section 88 of the Planning (Listed Buildings and Conservation...

      21. Land Drainage Act 1991 (c. 59)

        1. 21.In section 64 of the Land Drainage Act 1991, after...

      22. Water Industry Act 1991 (c. 56)

        1. 22.(1) Section 169 of the Water Industry Act 1991 is...

      23. Water Resources Act 1991 (c. 57)

        1. 23.(1) Section 171 of the Water Resources Act 1991 is...

      24. Environment Act 1995 (c. 25)

        1. 24.(1) Schedule 8 to the Environment Act 1995 is amended...

      25. Greater London Authority Act 1999 (c. 29)

        1. 25.In the Greater London Authority Act 1999 omit section 333ZD....

      26. Postal Services Act 2000 (c. 26)

        1. 26.In Schedule 6 to the Postal Services Act 2000, in...

      27. Housing and Regeneration Act 2008 (c. 17)

        1. 27.In the Housing and Regeneration Act 2008 omit sections 17...

      28. Localism Act 2011 (c. 20)

        1. 28.In the Localism Act 2011 omit section 210.

    15. SCHEDULE 15

      Notice of general vesting declaration procedure

      1. New notice requirements

        1. 1.The Acquisition of Land Act 1981 is amended as follows....

        2. 2.(1) Section 15 (compulsory purchase order: confirmation notice) is amended...

        3. 3.(1) Paragraph 6 of Schedule 1 (purchase by Minister: notices...

      2. Consequential amendments

        1. 4.The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as...

        2. 5.Omit section 3 (preliminary notices).

        3. 6.In section 5, omit subsection (1) (earliest date for execution...

        4. 7.In section 6 (notices after execution of declaration), in subsection...

      3. Power to make corresponding amendments elsewhere

        1. 8.(1) The Secretary of State may by regulations amend any...

    16. SCHEDULE 16

      Abolition of alternative possession procedure following notice to treat

      1. Land Compensation Act 1961 (c. 33)

        1. 1.In section 5A of the Land Compensation Act 1961—

      2. Compulsory Purchase Act 1965 (c. 56)

        1. 2.The Compulsory Purchase Act 1965 is amended as follows.

        2. 3.In section 11 omit subsection (2).

        3. 4.In section 12(6) omit “, or have paid it into...

        4. 5.In section 37 for “Subsections (1) and (2)” substitute “...

        5. 6.Omit Schedule 3.

      3. Forestry Act 1967 (c. 10)

        1. 7.In Schedule 5 to the Forestry Act 1967, in paragraph...

      4. Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

        1. 8.In Schedule 3 to the Agriculture (Miscellaneous Provisions) Act 1968,...

      5. Land Compensation Act 1973 (c. 26)

        1. 9.The Land Compensation Act 1973 is amended as follows.

        2. 10.In section 33A(4) omit paragraph (b).

        3. 11.In section 52ZC(7)(c) for “, any bond under Schedule 3...

        4. 12.In section 52A— (a) in subsection (1), omit “Schedule 3...

        5. 13.In section 57(1) omit “, under Schedule 3 to the...

      6. Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

        1. 14.In section 29(1)(a) of the Local Government (Miscellaneous Provisions) Act...

      7. Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

        1. 15.In section 36(1)(b) of the Ancient Monuments and Archaeological Areas...

      8. Planning and Compensation Act 1991 (c. 34)

        1. 16.In section 80(2) of the Planning and Compensation Act 1991...

      9. Planning Act 2008 (c. 29)

        1. 17.In section 125 of the Planning Act 2008, in subsection...

    17. SCHEDULE 17

      Objection to division of land following notice to treat

      1. PART 1 Amendments to Compulsory Purchase Act 1965

        1. 1.The Compulsory Purchase Act 1965 is amended as follows.

        2. 2.In section 8 (material detriment arising from severance of land...

        3. 3.After Schedule 2 insert— SCHEDULE 2A Counter-notice requiring purchase of...

      2. PART 2 Consequential amendments

        1. Land Compensation Act 1961 (c. 33)

          1. 4.(1) Section 5A of the Land Compensation Act 1961 (relevant...

        2. Land Compensation Act 1973 (c. 26)

          1. 5.In section 58 of the Land Compensation Act 1973 (determination...

        3. Provisions which refer to section 8(1)

          1. 6.For each of the following provisions substitute, with the same...

          2. 7.This is the provision to be substituted for the provisions...

        4. New Towns Act 1981 (c. 64)

          1. 8.In Part 1 of Schedule 6 to the New Towns...

        5. Acquisition of Land Act 1981 (c. 67)

          1. 9.In the Acquisition of Land Act 1981, after section 2...

        6. Water Industry Act 1991 (c. 56)

          1. 10.In Schedule 11 to the Water Industry Act 1991 (orders...

        7. Water Resources Act 1991 (c. 57)

          1. 11.In Schedule 19 to the Water Resources Act 1991 (orders...

    18. SCHEDULE 18

      Objection to division of land following vesting declaration

      1. PART 1 Amendments to Compulsory Purchase (Vesting Declarations) Act 1981

        1. 1.The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as...

        2. 2.In section 4 (execution of declaration), for subsection (3), substitute—...

        3. 3.In section 7 (constructive notice to treat), for subsection (1)...

        4. 4.In section 8 (vesting and the right to enter on...

        5. 5.In section 12 (divided land), for “Schedule 1” substitute “...

        6. 6.Before Schedule 1 insert— SCHEDULE A1 Counter-notice requiring purchase of...

        7. 7.In Schedule 1 (divided land) omit Part 1 (buildings and...

        8. 8.In Schedule 2 (vesting of land in urban development corporation),...

      2. PART 2 Consequential amendments

        1. 9.In section 5A of the Land Compensation Act 1961 (relevant...

        2. 10.In Schedule 6 to the Crossrail Act 2008 (acquisition of...

    19. SCHEDULE 19

      Amendments to do with sections 203 and 204

      1. Welsh Development Agency Act 1975 (c. 70)

        1. 1.(1) Schedule 4 to the Welsh Development Agency Act 1975...

      2. Local Government, Planning and Land Act 1980 (c. 65)

        1. 2.(1) Schedule 28 to the Local Government, Planning and Land...

      3. New Towns Act 1981 (c. 64)

        1. 3.The New Towns Act 1981 is amended as follows.

        2. 4.Omit section 19.

        3. 5.In section 20, for subsection (10) substitute—

        4. 6.In section 21, for subsection (3) substitute—

      4. Housing Act 1988 (c. 50)

        1. 7.(1) Schedule 10 to the Housing Act 1988 is amended...

      5. Town and Country Planning Act 1990 (c. 8)

        1. 8.The Town and Country Planning Act 1990 is amended as...

        2. 9.Omit section 237.

        3. 10.In section 245(4), omit paragraph (a).

        4. 11.In section 246(2), for “237” substitute “ 238 ”.

      6. Greater London Authority Act 1999 (c. 29)

        1. 12.(1) Section 333ZB of the Greater London Authority Act 1999...

      7. Planning Act 2008 (c. 29)

        1. 13.The Planning Act 2008 is amended as follows.

        2. 14.In section 194, omit subsection (1).

        3. 15.Omit Schedule 9.

      8. Housing and Regeneration Act 2008 (c. 17)

        1. 16.In Schedule 3 to the Housing and Regeneration Act 2008,...

      9. Localism Act 2011 (c. 20)

        1. 17.In section 208 of the Localism Act 2011, for subsection...

      10. Infrastructure Act 2015 (c. 7)

        1. 18.In section 32 of the Infrastructure Act 2015, omit subsections...

    20. SCHEDULE 20

      Authorities specified for purposes of section 210

      1. 1.A county council in England.

      2. 2.A district council.

      3. 3.A London borough council.

      4. 4.The Greater London Authority.

      5. 5.An economic prosperity board established under section 88 of the...

      6. 6.A combined authority established under section 103 of the Local...

      7. 7.The London Fire Commissioner.

      8. 8.Transport for London.

      9. 9.A sub-national transport body established under section 102E of the...

      10. 10.A fire and rescue authority in England constituted by—

      11. 11.An authority established under section 10 of the Local Government...

      12. 12.A joint authority established under Part 4 of the Local...

      13. 13.The Common Council of the City of London (in its...

      14. 14.A National Park authority for a National Park in England....

      15. 15.The Broads Authority.

      16. 16.The Council of the Isles of Scilly.

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

Opening Options

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

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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

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

The data on this page is available in the alternative data formats listed: