Housing Act 1985
In this Act “local housing authority” means a district council, a London borough council, the Common Council of the City of London a Welsh county council or county borough councilor the Council of the Isles of Scilly.
References in this Act to the district of a local housing authority are to the area of the council concerned, that is, to the district, London borough, the City of London the Welsh county or county borough,or the Isles of Scilly, as the case may be.
References in this Act to “the local housing authority”, in relation to land, are to the local housing authority in whose district the land is situated.
Where a building is situated partly in the district of one local housing authority and partly in the district of another, the authorities may agree that— shall be treated for the purposes of the enactments relating to housing as situated in such one of the districts as is specified in the agreement.
the building, or
the building, its site and any yard, garden, outhouses and appurtenances belonging to the building or usually enjoyed with it,
Whilst the agreement is in force the enactments relating to housing have effect accordingly.
“housing authority” means a local housing authority, a new town corporation or the Development Board for Rural Wales;
In this Act—
“housing authority” means a local housing authority or a new town corporation;
“new town corporation” means a development corporation or the new towns residuary body;
“development corporation” means a development corporation established by an order made, or having effect as if made, under the New Towns Act 1981;
“urban development corporation” means an urban development corporation established under Part XVI of the Local Government, Planning and Land Act 1980;
“local authority” means a county, county borough, district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly , in sections 43, 44 and 232 includes the Broads Authority, in sections 438, 441, 442, 443 and 458 includes the Broads Authority , a joint authority established by Part 4 of the Local Government Act 1985, an economic prosperity board, a combined authority, a combined county authority, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ... and the London Fire Commissioner, and in sections 45(2)(b), 50(2), 51(6), 80(1), 157(1), 171(2), . . ., 573(1), paragraph 2(1) of Schedule 1, grounds 7 and 12 in Schedule 2, ground 5 in Schedule 3, paragraph 7(1) of Schedule 4, paragraph 5(1)(b) of Schedule 5 and Schedule 16 includes . . . the Broads Authority, a police and crime commissioner Act 1996,. . . . . . . . . . . . , a joint authority established by Part 4 of the Local Government Act 1985, an economic prosperity board, a combined authority , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 , ... and the London Fire Commissioner;
“new town corporation” means a development corporation or the Commission for the New Towns;
“ housing action trust ” means a housing action trust established under Part III of the Housing Act 1988;
“development corporation” means a development corporation established by an order made, or having effect as if made, under the New Towns Act 1981;
“ new towns residuary body ” means—
in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008or the Greater London Authority so far as exercising its new towns and urban development functions; and
in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981.
“urban development corporation” means an urban development corporation established under Part XVI of the Local Government, Planning and Land Act 1980;
In this section—
“local authority” means a county, district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, and in sections 45(2)(b), 50(2), 51(6), 80(1), 157(1), 171(2), 438, 441, 442, 443, 444(4), 452(2), 453(2), 573(1), paragraph 2(1) of Schedule 1, grounds 7 and 12 in Schedule 2, ground 5 in Schedule 3, paragraph 7(1) of Schedule 4, paragraph 5(1)(b) of Schedule 5 and Schedule 16 includes the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985.
In this Act “housing association” means a society, body of trustees or company—
which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of, housing accommodation, and
which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Treasury, whether with or without differentiation as between share and loan capital.
In this Act “fully mutual”, in relation to a housing association, means that the rules of the association— and “co-operative housing association” means a fully mutual housing association which is a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014.
restrict membership to persons who are tenants or prospective tenants of the association, and
preclude the granting or assignment of tenancies to persons other than members;
In this Act “self-build society” means a housing association whose object is to provide, for sale to, or occupation by, its members, dwellings built or improved principally with the use of its members’ own labour.
In this Act “registered social landlord” means a housing association registered in the register maintained under section 1 of the Housing Act 1996, subject as follows.
References to registered social landlords include, where the context so permits, references to housing associations registered in the register maintained by Scottish Homes under section 3 of the Housing Associations Act 1985 (Scottish registered housing associations).
In this Act “housing trust” means a corporation or body of persons which—
is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation, or
is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds for charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.
In this Act “the Relevant Authority” means the Regulator of Social Housing, the Secretary of State or Scottish Homes, subject as follows.
In relation to a housing association which is— “the Relevant Authority” means the Secretary of State.
a registered charity which has its address for the purposes of registration by the Charity Commission in Wales,
a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 which has its registered office for the purposes of that Act in Wales, or
a company registered under the Companies Act 2006 which has its registered office for the purposes of that Act in Wales,
In relation to a housing association which is a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 which has its registered office for the purposes of that Act in Scotland, “the Relevant Authority” means Scottish Homes.
In relation to any other housing association which is a registered charity, a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a company registered under the Companies Act 2006, “the Relevant Authority” means the Regulator of Social Housing.
This section is subject to any provision made elsewhere in this Act.
In this section “registered charity” means a charity which is registered in accordance with section 30 of the Charities Act 2011 . . . .
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 or paragraph):— district (of a local housing authority) section 2(1) local housing authority section 1, 2(2) tenancy and tenant section 621
Every local housing authority shall consider housing conditions in their district and the needs of the district with respect to the provision of further housing accommodation.
For the purpose of subsection (1) or (1A), a local housing authority or combined authority, CCA or county council shall review any information which has been brought to their notice, including in particular information brought to their notice as a result of the consideration of the housing conditions in their district under section 3 of the Housing Act 2004.
Every— must consider housing conditions in its area and the needs of its area with respect to the provision of further housing accommodation.
combined authority,
CCA, and
two-tier county council that is a strategic authority,
But if a local housing authority has complied with the duty imposed by subsection (1) in relation to a part of the area of a combined authority, CCA or two-tier county council, that strategic authority—
does not need to comply with the duty imposed by subsection (1A) in relation to that part of its area; and
may rely on the local housing authority’s consideration of the matters referred to in subsection (1) as if it were the strategic authority’s own consideration of those matters.
In the case of a local housing authority in England, or a combined authority, CCA or county council, the duty under subsection (1) includes a duty to consider the needs of people residing in or resorting to their district , or area, with respect to the provision of—
sites on which caravans can be stationed, or
places on inland waterways where houseboats can be moored.
In subsection (3)—
any provision of a local Act, or of a byelaw made under a local Act, dealing with the construction and drainage of new buildings and the laying out and construction of new streets;
the date of the previous tenant's death, or
if the court so directs, the date on which, in the opinion of the court, the landlord (or, in the case of joint landlords, any one of them) became aware of the previous tenant's death.
A local housing authority , combined authority or CCA, or two-tier county council that is a strategic authority may provide housing accommodation—
by erecting houses, or converting buildings into houses, on land acquired by them for the purposes of this Part, or
by acquiring houses.
The authority may alter, enlarge, repair or improve a house so erected, converted or acquired.
These powers may equally be exercised in relation to land acquired for the purpose—
of disposing of houses provided, or to be provided, on the land, or
of disposing of the land to a person who intends to provide housing accommodation on it.
An authority may not under this Part provide a cottage with a garden of more than one acre.
Nothing in this Act shall be taken to require (or to have at any time required) an authority itself to acquire or hold any houses or other land for the purposes of this Part.
A local housing authority may fit out, furnish and supply a house provided by them under this Part with all requisite furniture, fittings and conveniences.
A local housing authority may sell, or supply under a hire-purchase agreement or a conditional sale agreement, furniture to the occupants of houses so provided, and may for that purpose buy furniture.
In subsection (2) “conditional sale agreement” and “hire-purchase agreement” have the same meaning as in the Consumer Credit Act 1974.
A local housing authority, combined authority or CCA, or two-tier county council that is a strategic authority may provide in connection with the provision of housing accommodation under this Part (whether it is provided by that authority or another authority)— such as accord with the needs of the persons for whom the housing accommodation is provided.
facilities for obtaining meals and refreshments, and
facilities for doing laundry and laundry services,
The authority may make reasonable charges for meals and refreshments provided by virtue of this section and for the use of laundry facilities or laundry services so provided.
Where a premises licence under Part 3 of the Licensing Act 2003 authorises the sale by retail of alcohol in connection with the provision of facilities of the kind mentioned in subsection (1)(a), then, notwithstanding the terms of that licence, it does not have effect so as to authorise the sale by retail of alcohol for consumption otherwise than with a meal.
An authority in carrying on activities under this section is subject to all relevant enactments and rules of law, including enactments relating to the sale of intoxicating liquor “or the sale by retail of alcohol”, in the same manner as other persons carrying on such activities.
An expression used in this section and in the Licensing Act 2003 has the same meaning in this section as in that Act.
A local housing authority, combined authority or CCA, or two-tier county council that is a strategic authority may, with the consent of the Secretary of State, provide and maintain in connection with housing accommodation provided under this Part (whether it is provided by that authority or another authority)—
buildings adapted for use as shops,
recreation grounds, and
other buildings or land which, in the opinion of the Secretary of State, will serve a beneficial purpose in connection with the requirements of the persons for whom the housing accommodation is provided.
The Secretary of State may, in giving his consent, by order apply, with any necessary modifications, any statutory provisions which would have been applicable if the land or buildings had been provided under any enactment giving a local authority powers for the purpose.
The power conferred by subsection (1) may be exercised either by the authority themselves or jointly with another person.
The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.
A local housing authority may provide in connection with the provision of housing accommodation by them (whether or not under this Part) such welfare services, that is to say, services for promoting the welfare of the persons for whom the accommodation is so provided, as accord with the needs of those persons.
The authority may make reasonable charges for welfare services provided by virtue of this section.
In this section “welfare services” does not include the repair, maintenance, supervision or management of houses or other property.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A local housing authority may lay out and construct public streets or roads and open spaces on land acquired by them for the purposes of this Part.
Where they dispose of land to a person who intends to provide housing accommodation on it, they may contribute towards the expenses of the development of the land and the laying out and construction of streets on it, subject to the condition that the streets are dedicated to the public.
A local housing authority may, for supplying the needs of their district, exercise outside their district the powers conferred by sections 9 to 13 (provision of housing accommodation and related powers).
A district council shall before doing so give notice of their intention— but failure to give notice does not invalidate the exercise of the power.
to the council of the county in which their district is situated, and
if they propose to exercise the power outside that county but in England, to the council of the county in which they propose to exercise the power;
Where housing operations under this Part are being carried out by a local housing authority outside their own district, the authority’s power to execute works necessary for the purposes of, or incidental to the carrying out of, the operations, is subject to entering into an agreement with the council of the county, county borough, London borough or district in which the operations are being carried out, as to the terms and conditions on which the works are to be executed.
Where a Welsh county council or county borough council propose to exercise the power in England they shall before doing so give notice of their intention to the council of the county in which they propose to exercise the power, but failure to give notice does not invalidate the exercise of the power.
Where housing operations under this Part have been carried out by a local housing authority outside their own district, and for the purposes of the operations public streets or roads have been constructed and completed by the authority, the liability to maintain the streets or roads vests in the council which is the local highway authority for the area in which the operations were carried out unless that council are satisfied that the streets or roads have not been properly constructed.
Where a local housing authority carry out housing operations outside their own district, any difference arising between that authority and any authority in whose area the operations are carried out may be referred by either authority to the Secretary of State whose decision shall be final and binding on them.
A London borough council may provide and maintain in connection with housing accommodation provided by them under this Part buildings or parts of buildings adapted for use for any commercial purpose.
A local housing authority in Greater London may make arrangements for the rehousing of any person by another such authority; and the arrangements may include provision for the payment of contributions by the former authority to the latter.
The council of an Inner London borough and the Common Council of the City of London may, for the purpose of facilitating the erection of houses in their district, suspend, alter or relax the provisions of any enactment or byelaw relating to the formation or laying out of new streets or the construction of sewers or of buildings intended for human habitation.
The powers conferred by subsections (1) and (3) are exercisable only with the consent of the Secretary of State.
A local housing authority in Greater London shall not exercise any powers under this Part outside Greater London unless it appears to the Secretary of State, on an application by the authority, expedient that the needs of the authority’s district with respect to the provision of housing accommodation should be satisfied by the provision of such accommodation outside Greater London, and he consents to the exercise of the power.
The power conferred by section 15(1) (provision of commercial buildings) shall not be exercised outside Greater London except with the consent of the council of the district concerned.
A local housing authority , a combined authority or CCA, or a two-tier county council that is a strategic authority may for the purposes of this Part—
acquire land as a site for the erection of houses,
acquire houses, or buildings which may be made suitable as houses, together with any land occupied with the houses or buildings,
acquire land proposed to be used for any purpose authorised by sections 11, 12 and 15(1) (facilities provided in connection with housing accommodation), and
acquire land in order to carry out on it works for the purpose of, or connected with, the alteration, enlarging, repair or improvement of an adjoining house.
The power conferred by subsection (1) includes power to acquire land for the purpose of disposing of houses provided, or to be provided, on the land or of disposing of the land to a person who intends to provide housing accommodation on it or facilities which serve a beneficial purpose in connection with the requirements of persons for whom housing accommodation is provided.
Land may be acquired by a local housing authority , combined authority or CCA, or two-tier county council that is a strategic authority for the purposes of this Part by agreement, or they may be authorised by the Secretary of State to acquire it compulsorily.
A local housing authority , combined authority or CCA, or two-tier county council that is a strategic authority may, with the consent of, and subject to any conditions imposed by, the Secretary of State, acquire land for the purposes of this Part notwithstanding that the land is not immediately required for those purposes; but a local housing authority, combined authority or CCA, or two-tier county council that is a strategic authority shall not be so authorised to acquire land compulsorily unless it appears to the Secretary of State that the land is likely to be required for those purposes within ten years from the date on which he confirms the compulsory purchase order.
Section 17A makes provision about the exercise of the function of acquiring land compulsorily under an authorisation under section 17(3) conferred on a combined authority or CCA or two-tier county council that is a strategic authority.
Where a local housing authority , a combined authority or CCA, or a two-tier county council that is a strategic authority acquire a building which may be made suitable as a house, they shall forthwith proceed to secure that the building is so made suitable either by themselves executing any necessary works or by leasing it or selling it to some person subject to conditions for securing that he will so make it suitable.
Where a local housing authority , a combined authority or CCA, or a two-tier county council that is a strategic authority— they shall, as soon as practicable after the acquisition or, as the case may be, after the completion of the necessary works, secure that the house or building is used as housing accommodation.
acquire a house, or
acquire a building which may be made suitable as a house and themselves carry out any necessary work as mentioned in subsection (1),
This section applies to the exercise of the compulsory acquisition function of combined authorities, CCAs and two-tier county councils that are strategic authorities.
In the case of a mayoral combined authority or mayoral CCA, the compulsory acquisition function is a function of the combined authority or CCA that is exercisable only by the mayor on behalf of the combined authority or CCA.
In the case of a mayoral combined authority, before exercising the compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
the constituent councils;
any National Park authority;
the Broads Authority.
In the case of a mayoral CCA, before exercising the compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
the constituent councils;
any district council with the area of the CCA that is not a constituent council;
any National Park authority;
the Broads Authority.
In the case of a non-mayoral combined authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— and consent of a constituent council must be given at a meeting of the combined authority.
the constituent councils;
any National Park authority;
the Broads Authority;
In the case of a non-mayoral CCA, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— and consent of a constituent council must be given at a meeting of the CCA.
the constituent councils;
any district council within the area of the CCA that is not a constituent council;
any National Park authority;
the Broads Authority;
In the case of a two-tier county council that is a strategic authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
any district council within the area of the county council;
any National Park authority;
the Broads Authority.
In this section “compulsory acquisition function” means the function of acquiring land compulsorily under an authorisation under section 17(3).
A local housing authority may appropriate for the purposes of this Part any land for the time being vested in them or at their disposal; and the authority have the same powers in relation to land so appropriated as they have in relation to land acquired by them for the purposes of this Part.
Where a local housing authority have acquired or appropriated land for the purposes of this Part, they shall not, without the consent of the Secretary of State, appropriate any part of the land consisting of a house or part of a house for any other purpose.
The Secretary of State’s consent may be given— and it may be given subject to conditions.
either generally to all local housing authorities or to a particular authority or description of authority, and
either in relation to particular land or in relation to land of a particular description;
The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.
The following provisions of this Part down to section 27BA (general provisions on housing management matters) apply in relation to all houses held by a local housing authority for housing purposes.
References in those provisions to an authority’s houses shall be construed accordingly.
The general management, regulation and control of a local housing authority’s houses is vested in and shall be exercised by the authority and the houses shall at all times be open to inspection by the authority.
Subsection (1) has effect subject to section 27 (management agreements) and to any requirement imposed on the authority under Part 2 of the Housing and Regeneration Act 2008.
persons occupying insanitary or overcrowded houses,
persons having large families,
persons living under unsatisfactory housing conditions, and
persons towards whom the authority are subject to a duty under section 65 or 68 (persons found to be homeless).
A local housing authority may make byelaws for the management, use and regulation of their houses.
A local housing authority may make byelaws with respect to the use of land held by them by virtue of section 12 (recreation grounds and other land provided in connection with housing), excluding land covered by buildings or included in the curtilage of a building or forming part of a highway.
A local housing authority shall as respects their lodging-houses by byelaws make sufficient provision for the following purposes— and a printed copy or a sufficient abstract of the byelaws relating to lodging-houses shall be put up and at all times kept in every room in the lodging-houses.
for securing that the lodging-houses are under the management and control of persons appointed or employed by them for the purpose,
for securing the due separation at night of men and boys above eight years old from women and girls,
for preventing damage, disturbance, interruption and indecent and offensive language and behaviour and nuisances, and
for determining the duties of the persons appointed by them;
Byelaws made under this section by a local housing authority in England are to be read subject to any requirement imposed on the authority under Part 2 of the Housing and Regeneration Act 2008.
A local housing authority may make such reasonable charges as they may determine for the tenancy or occupation of their houses.
The authority shall from time to time review rents and make such changes, either of rents generally or of particular rents, as circumstances may require.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In exercising their functions under this section, a local housing authority in England shall have regard in particular to any relevant standards set for them under section 193 of the Housing and Regeneration Act 2008.
See also Chapter 3 of Part 4 of the Housing and Planning Act 2016 (rents for high income social tenants in England).
In exercising its functions under this section, a local housing authority in Wales must—
comply with any standards relating to rent or service charges which are set for it under section 111 of the Housing (Wales) Act 2014, and
have regard to any guidance relating to rent or service charges which is issued under section 112 of that Act.
This section applies where a house is let by a local housing authority on a weekly or other periodic tenancy which is not a secure tenancy or an introductory tenancy or a dwelling (in Wales) is let by such an authority on a weekly or other periodic tenancy which is not an occupation contract.
The rent payable under the tenancy may, without the tenancy being terminated, be increased with effect from the beginning of a rental period by a written notice of increase given by the authority to the tenant.
The notice is not effective unless—
it is given at least four weeks before the beginning of the rental period, or any earlier day on which the payment of rent in respect of that period falls to be made,
it tells the tenant of his right to terminate the tenancy and of the steps to be taken by him if he wishes to do so, and
it gives him the dates by which, if in accordance with subsection (4) the increase is not to be effective, a notice to quit must be received by the authority and the tenancy be made to terminate.
Where the notice is given for the beginning of a rental period and the tenancy continues into that period, the notice shall not have effect if—
the tenancy is terminated by notice to quit given by the tenant in accordance with the provisions (express or implied) of the tenancy,
the notice to quit is given before the end of the period of two weeks following the date on which the notice of increase is given, or such longer period as may be allowed by the notice of increase, and
the date on which the tenancy is made to terminate is not later than the earliest day on which the tenancy could be terminated by a notice to quit given by the tenant on the last day of that period.
In this section “rental period” means a period in respect of which a payment of rent falls to be made.
Where a tenant of one of the houses of a local authority moves to another house (whether or not that house is also one of theirs), the authority may—
pay any expenses of the removal, and
where the tenant is purchasing the house, pay any expenses incurred by him in connection with the purchase, other than the purchase price.
If the house belongs to the same authority subsection (1)(b) only applies if the house has never been let and was built expressly with a view to sale or for letting.
The Secretary of State may give directions to authorities in general or to any particular authority—
as to the expenses which may be treated (whether generally or in any particular case) as incurred in connection with the purchase of a house, and
limiting the amount which they may pay in respect of such expenses.
An authority may make their payment of expenses subject to conditions.
A local housing authority may agree that another person shall exercise in relation to— such of the authority’s management functions as are so specified.
such of the authority’s houses as are specified in the agreement, and
any other land so specified which is held for a related purpose,
In this Act—
“ management agreement ” means an agreement under subsection (1) or a sub-agreement, and
“ manager ”, in relation to a management agreement, means a person by whom management functions are exercisable under the agreement.
A management agreement shall set out the terms on which the authority’s functions are exercisable by a manager.
generally to local housing authorities, or
to particular authorities or descriptions of authority;
An agreement under subsection (1) shall contain such provisions as may be prescribed by regulations made by the appropriate Minister.
A management agreement may—
include provision authorising a manager, with the consent of the authority, to agree that another person shall exercise any management function exercisable by the manager under the agreement;
where a body or association is a manager, provide that the management functions of the body or association under the agreement may be performed by a committee, sub-committee, officer or employee of the body or association.
Subject to subsection (7), the approval of the appropriate authority shall be required to—
the making of any management agreement;
the variation of a provision of a management agreement, if the provision is specified, or is of a description specified, by the appropriate authority in giving approval to the making of a management agreement.
The appropriate authority may, in giving approval to the making of an agreement under subsection (1)—
specify a moratorium period and the circumstances in which it is to apply;
specify circumstances in which the appropriate authority’s approvalis not required to the making of a sub-agreement under the agreement.
If a moratorium period applies in relation to a management agreement—
during the moratorium period the approval of the appropriate authority is not required to the making of a sub-agreement under the agreement;
any sub-agreement made under the agreement during the moratorium period without the approval of the appropriate authority is not valid unless it is approved by the appropriate authority immediately after the end of the moratorium period.
A moratorium period specified under subsection (7) must not exceed 6 months.
Where a sub-agreement has been made during a moratorium period without the approval of the appropriate authority, the appropriate authority may extend the moratorium period if it is satisfied that it will not give its approval to that sub-agreement immediately after the end of that period; and this subsection may apply more than once.
The approval of the appropriate authority to the making of an agreement under subsection (1) or to the variation of such an agreement may be given generally or to a particular local housing authority or description of local housing authority.
The approval of the appropriate authority under this section may be given—
in relation to a particular case or description of case;
unconditionally or subject to conditions.
Subject to subsection (15)—
anything done, or not done, by a manager in connection with the exercise (or purported exercise) of a relevant function shall be treated as done, or not done, by the authority;
anything done, or not done, in relation to a manager in connection with the exercise (or purported exercise) of a relevant function shall be treated as done, or not done, in relation to the authority.
In subsection (13) “ relevant function ” means a management function of the authority exercisable by the manager under a management agreement.
Subsection (13) shall not apply—
to the extent that a management agreement provides otherwise as between the parties to it; or
for the purposes of any criminal proceedings brought in respect of anything done or not done by the manager.
References in subsection (1) to the management functions of a local housing authority in relation to houses or land—
do not include such functions as may be prescribed by regulations made by the appropriate Minister, but
subject to that, include functions conferred by any statutory provision and the powers and duties of the authority as holder of an estate or interest in the houses or land in question.
Regulations under this section—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas,
may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of—
in the case of regulations made by the Secretary of State, a resolution of either House of Parliament;
in the case of regulations made by the Welsh Ministers, a resolution of the National Assembly for Wales.
In this section—
The Secretary of State may make regulations for imposing requirements on a local housing authority in any case where a tenant management organisation serves written notice on the authority proposing that the authority should enter into a management agreement with that organisation.
The regulations may make provision requiring the authority—
to provide or finance the provision of such office accommodation and facilities, and such training, as the organisation reasonably requires for the purpose of pursuing the proposal;
to arrange for such feasibility studies with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined;
to provide to the organisation such information or descriptions of information, in connection with the proposal, as may be prescribed in the regulations;
to take, in circumstances prescribed in the regulations, such other steps as may be so prescribed to co-operate with the organisation in connection with the proposal;
to arrange for such ballots or polls with respect to the proposal as may be determined by or under the regulations to be conducted of such persons as may be so determined; and
in such circumstances as may be prescribed by the regulations (which shall include the organisation becoming registered if it has not already done so), to enter into a management agreement with the organisation.
The regulations may make provision with respect to any management agreement which is to be entered into in pursuance of the regulations—
for determining the houses and land to which the agreement should relate, and the amounts which should be paid under the agreement to the organisation;
requiring the agreement to be in such form as may be approved by the Secretary of State and to contain such provisions as may be prescribed by the regulations;
requiring the agreement to take effect immediately after the expiry or other determination of any previous agreement; and
where any previous agreement contains provisions for its determination by the authority, requiring the authority to determine it as soon as may be after the agreement is entered into.
The regulations may also make such procedural, incidental, supplementary and transitional provisions as may appear to the Secretary of State necessary or expedient, and may in particular make provision—
for particular questions arising under the regulations to be determined by the authority or the person making the regulations;
for other questions so arising to be determined by an arbitrator agreed to by the parties or, in default of agreement, appointed by the Secretary of State;
setting time-limits for the carrying out of requirements under the regulations;
requiring any person exercising functions under the regulations to act in accordance with any guidance or directions given by the Secretary of State; and
for enabling the authority, if invited to do so by the organisation concerned, to nominate one or more persons to be directors or other officers of any tenant management organisation with whom the authority have entered into, or propose to enter into, a management agreement.
Nothing in subsections (2) to (4) above shall be taken as prejudicing the generality of subsection (1).
Regulations under this section—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Except as otherwise provided by regulations under this section—
a local housing authority shall not enter into a management agreement with a tenant management organisation otherwise than in pursuance of the regulations; and
the provisions of the regulations shall apply in relation to the entering into of such an agreement with such an organisation in place of—
the provisions of regulations under section 27BA (consultation with respect to management)
in the case of secure tenants or tenants who are secure contract-holders, the provisions of section 105 (consultation on matters of housing management), . . .
. . . and
in the case of introductory tenants, the provisions of section 137 of the Housing Act 1996 (consultation on matters of housing management).
In this section—
In this section “housing co-operative” means a society, company or body of trustees with which a housing co-operative agreement was made, that is to say—
an agreement to which paragraph 9 of Schedule 1 to the Housing Rents and Subsidies Act 1975 or Schedule 20 to the Housing Act 1980 applied or,
an agreement made under section 27 above before the commencement of section 10 of the Housing and Planning Act 1986 (which substituted the present section 27).
A housing co-operative agreement made with a local housing authority which is in force immediately before the commencement of section 10 of the Housing and Planning Act 1986 has effect as if made under the present section 27, so that, in particular, any terms of the agreement providing for the letting of land to the housing co-operative no longer have effect except in relation to lettings made before commencement.
A housing co-operative agreement made with a new town corporation . . . which is in force immediately before the commencement of section 10 of the Housing and Planning Act 1986 remains in force notwithstanding that the present section 27 does not apply to such authorities.
In this Act (except in section 27) the expressions “management agreement” and “manager”, in relation to such an agreement, include a housing co-operative agreement to which subsection (2) or (3) applies and the housing co-operative with whom the agreement is made.
County councils in England have the following reserve powers in relation to the provision of housing accommodation.
They may undertake any activity for the purposes of, or incidental to, establishing the needs of the whole or a part of the county with respect to the provision of housing accommodation.
If requested to do so by one or more local housing authorities for districts within the county, they may, with the consent of the Secretary of State, undertake on behalf of the authority or authorities the provision of housing accommodation in any manner in which they might do so.
With the approval of the Secretary of State given on an application made by them, they may undertake the provision of housing accommodation in any manner in which a local housing authority for a district within the county might do so.
The Secretary of State shall not give his consent under subsection (3) or his approval under subsection (4) except after consultation with the local housing authorities who appear to him to be concerned; and his consent or approval may be made subject to such conditions and restrictions as he may from time to time specify and, in particular, may include conditions with respect to—
the transfer of the ownership and management of housing accommodation provided by the county council to the local housing authority, and
the recovery by the county council from local housing authorities of expenditure incurred by the county council in providing accommodation.
Before a county council by virtue of subsection (3) or (4) exercise outside the county any power under this Part they shall give notice to the council of the county in which they propose to exercise the power; but failure to give notice does not invalidate the exercise of the power.
A county council may provide houses for persons employed or paid by, or by a statutory committee of, the council.
For that purpose the council may acquire or appropriate land in the same way as a local housing authority may acquire or appropriate land for the purposes of this Part; and land so acquired or appropriated may be disposed of by them in the same way as land held for the purposes of this Part.
The Secretary of State may make regulations for imposing requirements on a local housing authority to consult tenants, or to consider representations made to them by tenants, with respect to the exercise of their management functions (including proposals as to the exercise of those functions), in relation to any of the authority’s houses or other land held for a related purpose.
The regulations may include provision requiring a local housing authority to consult tenants, or consider representations made by tenants, with respect to—
the terms of a written specification to be prepared by the authority of functions proposed to be exercised by the authority or another person;
a proposal of the authority to exercise management functions themselves;
any person whom the authority propose to invite to submit a bid to exercise any of their management functions;
the standards of service for the time being achieved by the authority or (as the case may be) the person with whom they have entered into a management agreement;
a proposal to enforce the standards of service required by a management agreement.
The requirements imposed on a local housing authority by the regulations may include provision with respect to—
the tenants to be consulted or whose representations are to be considered;
the means by which consultation is to be effected (including the arrangements to be made for tenants to consider the matters on which they have been consulted);
the arrangements to be made for tenants to make representations to the authority;
the action to be taken by the authority where representations are made.
The regulations may include provision requiring a local housing authority to consult representatives of tenants, or to consider representations made to them by such representatives, as well as (or instead of) the tenants themselves; and accordingly, references in subsections (1) to (3) above to tenants include references to such representatives.
The regulations may include provision for particular questions arising under them to be determined by a local housing authority on whom they impose requirements.
Nothing in subsections (2) to (5) above shall be taken as prejudicing the generality of subsection (1).
Regulations under this section—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas,
may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Except as otherwise provided by the regulations, in the case of secure tenants or tenants who are secure contract-holders, the provisions of the regulations shall apply in place of the provisions of section 105 (consultation on matters of housing management).
Except as otherwise provided by the regulations, in the case of introductory tenants, the provisions of the regulations shall apply in place of the provisions of section 137 of the Housing Act 1996 (consultation on matters of housing management).
References in this section to the management functions of a local housing authority in relation to houses or land shall be construed in the same way as references to any such functions in section 27.
The following provisions apply in relation to a development corporation as they apply in relation to a local housing authority— section 25 (increase of rent where tenancy not secure), and section 26 (financial assistance towards tenants’ removal expenses).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a new town corporation and the powers of the corporation under the New Towns Act 1981, and
the Development Board for Rural Wales and the powers of the Board under the Development of Rural Wales Act 1976,
Section 25 also applies in relation to the new towns residuary body as it applies in relation to a local housing authority.
A body corporate holding land may sell, exchange or lease the land for the purpose of providing housing of any description at such price, or for such consideration, or for such rent, as having regard to all the circumstances of the case is the best that can reasonably be obtained, notwithstanding that a higher price, consideration or rent might have been obtained if the land were sold, exchanged or leased for the purpose of providing housing of another description or for a purpose other than the provision of housing.
Without prejudice to the provisions of Part V (the right to buy) . . ., a local authority have power by this section, and not otherwise, to dispose of land held by them for the purposes of this Part.
A disposal under this section may be effected in any manner but, subject to subsections (3) and (3A), shall not be made without the consent of the Secretary of State.
No consent is required for the letting of land under a secure tenancy or an introductory tenancyor under what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 (tenancies, other than long leases and introductory tenancies, which are not secure).
For the purposes of this section the grant of an option to purchase the freehold of, or any other interest in, land is a disposal and a consent given to such a disposal extends to a disposal made in pursuance of the option.
No consent is required for the letting of land (in Wales) under—
a secure contract,
a supported standard contract,
an introductory standard contract, or
a standard contract—
in relation to which the exception in section 11(2) of the Renting Homes (Wales) Act 2016 (anaw 1) applies (first exception to requirement that contract made by a community landlord is a secure contract), and
which is within any of paragraphs 4 and 6 to 14 of Schedule 3 to that Act (occupation contracts made with or adopted by community landlords which may be standard contracts).
Sections 128 to 132 of the Lands Clauses Consolidation Act 1845 (which require surplus land first to be offered to the original owner and to adjoining land-owners) do not apply to the sale by a local authority of land held by them for the purposes of this Part.
The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.
On a disposal under section 32 the local authority may impose such covenants and conditions as they think fit.
But , subject to sections 36A and 37, a condition of any of the following kinds may be imposed only with the consent of the Secretary of State—
a condition limiting the price or premium which may be obtained on a further disposal of a house;
in the case of a sale, a condition reserving a right of pre-emption;
in the case of a lease, a condition precluding the lessee from assigning the lease or granting a sub-lease.
In subsection (2)(b) a condition reserving a right of pre-emption means a condition precluding the purchaser from selling or leasing the land unless—
he first notifies the authority of the proposed sale or lease and offers to sell or lease the land to them, and
the authority refuse the offer or fail to accept it within one month after it is made.
References in this section to the purchaser or lessee include references to his successors in title and any person deriving title under him or his successors in title.
The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.
This section applies in relation to the giving of the appropriate national body's consent under section 32 or 33.
Consent may be given—
either generally to all local authorities or to a particular authority or description of authority;
either in relation to particular land or in relation to land of a particular description.
Consent may be given subject to conditions.
Consent may, in particular, be given subject to conditions as to the price, premium or rent to be obtained on the disposal including conditions as to the amount by which on the disposal of a house by way of sale or by the grant or assignment of a lease at a premium, the price or premium is to be, or may be, discounted by the local authority.
The matters to which the appropriate national body may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include—
the extent (if any) to which the person to whom the proposed disposals is to be made (in this subsection referred to as “the intending purchaser” is, or is likely to be, dependent upon, controlled by or subject to influence from the local autho-rity making the disposal or any members or officers of that authority;
the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accommodation let on tenancies or subject to licences;
the terms of the proposed disposal;
in the case of a proposed large scale disposal, the appropriate national body's estimate of the exchequer costs of the large scale disposal; and
any reduction in the amount that the local authority may be required to pay under section 69 of the Housing and Planning Act 2016 (payments to Secretary of State in respect of vacant higher value housing in England) as a result of the disposal;
any other matters whatsoever which the appropriate national body considers relevant.
The estimate mentioned in subsection (4A)(ca) is to be based on such assumptions (including as to the period during which housing subsidies may be payable) as the appropriate national body may determine, regardless of whether those assumptions are, or are likely to be, borne out by events.
In this section— “appropriate national body”— in relation to England, means the Secretary of State; and in relation to Wales, means the Welsh Ministers; “ dwelling-house ” has the same meaning as in Part 5 of this Act except that it does not include a hostel or any part of a hostel; “ the exchequer costs ”, in relation to a large scale disposal, means any increase which is or may be attributable to the disposal in the aggregate of any housing subsidies; “ housing subsidies ” means any subsidies payable under— section 140A of the Social Security Administration Act 1992 (subsidy); or section 79 of the Local Government and Housing Act 1989 (Housing Revenue Account subsidy); “ large scale disposal ” means a disposal of one or more dwelling-houses by a local authority to a person where— the number of dwelling-houses included in the disposal; and the number of dwelling-houses which, in the relevant period, have previously been disposed of by the authority to that person, or that person and any of the person's associates taken together, exceeds 499 or, if the appropriate national body by order so provides, such other number as may be specified in the order; “ long lease ” means a lease for a term of years certain exceeding 21 years other than a lease which is terminable before the end of that term by notice given by or to the landlord; “ the relevant period ”, in relation to a large scale disposal means— the period of 5 years ending with the date of the disposal; or if the appropriate national body by order so provides, such other period ending with that date as may be specified in the order; “ subsidiary ” has the same meaning as in section 61 of the Housing Act 1996 but as if references in subsection (2) of that section and section 60 of that Act to registered social landlords and landlords were references to housing associations (within the meaning of the Housing Associations Act 1985).
For the purposes of this section—
a disposal of any dwelling-house is to be disregarded if at the time of the disposal the local authority's interest in the dwelling-house is or was subject to a long lease;
two persons are associates of each other if—
one of them is a subsidiary of the other;
they are both subsidiaries of some other person; or
there exists between them such relationship or other connection as may be specified in a determination made by the appropriate national body; and
a description of an authority may be framed by reference to any circumstances whatever.
An order made by the appropriate national body under this section—
is to be made by statutory instrument which—
in the case of an order made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament; and
in the case of an order made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales;
may make different provision for different cases or descriptions of case, or for different authorities or descriptions of authority; and
may contain such transitional and supplementary provisions as appear to the appropriate national body to be necessary or expedient.
A determination under this section—
may make different provision for different cases or descriptions of case, or for different authorities or descriptions of authority; and
may be varied or revoked by a subsequent determination.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies where, on a disposal of a house under section 32, a discount is given to the purchaser by the local authority in accordance with a consent given by the Secretary of State under subsection (2) of that section; but this section does not apply in any such case if the consent so provides.
On the disposal the conveyance, grant or assignment shall contain a covenant binding on the purchaser and his successors in title to the following effect.
The covenant shall be to pay to the authority such sum (if any) as the authority may demand in accordance with subsection (4) on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the conveyance, grant or assignment.
The authority may demand such sum as they consider appropriate, up to and including the maximum amount specified in this section.
The maximum amount which may be demanded by the authority is a percentage of the price or premium paid for the first relevant disposal which is equal to the percentage discount given to the purchaser in respect of the disposal of the house under section 32.
But for each complete year which has elapsed after the conveyance, grant or assignment and before the first relevant disposal the maximum amount which may be demanded by the landlord is reduced by one-fifth.
Subsections (4) to (6) are subject to section 35A.
The appropriate person may make regulations for imposing requirements on a local housing authority in any case where a tenant group serves written notice on the authority proposing that the authority should dispose of particular land held by them for the purposes of this Part, or a particular description of such land, to a relevant housing provider.
The regulations may make provision requiring the authority—
to provide, or finance the provision of, such office accommodation and facilities, and such training, as the tenant group reasonably requires for the purpose of pursuing the proposal;
to arrange for such feasibility studies with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined;
to provide to the tenant group such information or descriptions of information, in connection with the proposal, as may be prescribed in the regulations;
to take, in circumstances prescribed in the regulations, such other steps as may be so prescribed to co-operate with the tenant group in connection with the proposal;
to arrange for such ballots or polls with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined; and
in such circumstances as may be prescribed by the regulations, to enter into an agreement for the disposal.
The regulations may make provision—
for determining the houses and other land to which the disposal should relate, and the amounts which should be paid in respect of the disposal;
requiring the agreement for the disposal to be in such form as may be approved by the appropriate person and to contain such provisions as may be prescribed by the regulations.
The regulations may make such procedural, incidental, supplementary and transitional provisions as may appear to the appropriate person necessary or expedient, and may in particular make provision—
for particular questions arising under the regulations to be determined by the authority or the appropriate person;
setting time-limits for the carrying out of requirements under the regulations;
requiring any person exercising functions under the regulations to act in accordance with any guidance or directions given by the appropriate person.
Nothing in subsections (2) to (4) is to be taken as prejudicing the generality of subsection (1).
Any regulations which provide for the appropriate person to approve a proposal for a local housing authority to dispose of land must ensure that the authority has the opportunity to make representations to the appropriate person before the appropriate person decides whether or not to approve the proposal.
This section does not affect any requirement under section 32 or 33 for the consent of the Secretary of State or the Welsh Ministers.
Regulations under this section—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas; and
are to be made by statutory instrument which—
in the case of an instrument made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament; and
in the case of an instrument made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
In this section—
The liability that may arise under the covenant required by section 35 is a charge on the house, taking effect as if it had been created by deed expressed to be by way of legal mortgage.
Subject to subsections (2A) and (2B), the charge has priority immediately after any legal charge securing an amount—
left outstanding by the purchaser, or
advanced to him by an approved lending institution for the purpose of enabling him to acquire the interest disposed of on the first disposal.
further advanced to him by that institution;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The approved lending institutions for the purposes of this section are—
Where a conveyance, grant or assignment executed under section 32 is of a house situated in— the conveyance, grant or assignment may (unless it contains a condition of a kind mentioned in section 33(2)(b) or (c) (right of pre-emption or restriction on assignment) or a covenant as mentioned in section 36A(3)(right of first refusal for local authority)) contain a covenant limiting the freedom of the purchaser (including any successor in title of his and any person deriving title under him or such a successor) to dispose of the house in the manner specified below.
a National Park.
an area designated under section 82 of the Countryside and Rights of Way Act 2000 as an area of outstanding natural beauty, or
an area designated as a rural area by order under section 157 (which makes provision in relation to disposals in pursuance of the right to buy corresponding to that made by this section),
The limitation is that until such time (if any) as may be notified in writing by the local authority to the purchaser or a successor in title of his
, there will be no relevant disposal which is not an exempted disposal without the written consent of the authority; but that consent shall not be withheld if the disposal is to a person satisfying the condition stated in subsection (3)and
there will be no disposal by way of tenancy or licence without the written consent of the authority unless the disposal is to a person satisfying that condition or by a person whose only or principal home is and, throughout the duration of the tenancy or licence,remains the house.
The condition is that the person to whom the disposal is made (or, if it is made to more than one person, at least one of them) has, throughout the period of three years immediately preceding the application for consent or, in the case of a disposal by way of tenancy or licence, preceding the disposal— or has had the one in part or parts of that period and the other in the remainder; but the region need not have been the same throughout the period.
had his place of work in a region designated by order under section 157(3) which, or part of which, is comprised in the National Park or area, or
had his only or principal home in such a region;
A disposal in breach of such a covenant as is mentioned in subsection (1) is void and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the local authority as if—
the authority were possessed of land adjacent to the house concerned; and
the covenant were expressed to be made for the benefit of such adjacent land.
The limitation imposed by such a covenant is a local land charge.
Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal.
In this section “purchaser” means the person acquiring the interest disposed of by the first disposal.
Where the Chief Land Registrar approves an application for registration of— and the instrument effecting the disposition contains a covenant of the kind mentioned in subsection (1), he must enter in the register a restriction reflecting the limitation imposed by the covenant
a disposition of registered land, or
the disponee’s title under a disposition of unregistered land,
In calculating the maximum amount which may be demanded by the authority under section 35, such amount (if any) of the price or premium paid for the first relevant disposal which is attributable to improvements made to the house— shall be disregarded.
by the person by whom the disposal is, or is to be, made, and
after the conveyance, grant or assignment and before the disposal,
The amount to be disregarded under this section shall be such amount as may be agreed between the parties or determined by the district valuer.
The district valuer shall not be required by virtue of this section to make a determination for the purposes of this section unless—
it is reasonably practicable for him to do so; and
his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made.
If the district valuer does not make a determination for the purposes of this section (and in default of an agreement), no amount is required to be disregarded under this section.
A disposal, whether of the whole of part of the house, is a relevant disposal for the purposes of this Part if it is—
a conveyance of the freehold or an assignment of the lease, or
the grant of a lease of sub-lease (other than a mortgage term) for a term of more than 21 years otherwise than at a rack rent.
For the purposes of subsection (1)(b) it shall be assumed—
that any option to renew or extend a lease or sub-lease, whether or not forming part of a series of options, is exercised, and
that any option to terminate a lease or sub-lease is not exercised.
A disposal is an exempted disposal for the purposes of this Part if—
it is a disposal of the whole of the house and a conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is a qualifying person (as defined in subsection (2));
it is a vesting of the whole of the house in a person taking under a will or on an intestacy;
it is a disposal of the whole of the house in pursuance of any such order as is mentioned in subsection (3);
it is a compulsory disposal; or
the property disposed of is property included with the house by virtue of the defintiion of “house” in section 56 (yard, garden, outhouses, &c.).
For the purposes of subsection (1)(a), a person is a qualifying person in relation to a disposal if—
he is the person or one of the persons by whom the disposal is made,
he is the spouse or a former spouse , or the civil partner or a former civil partner, of that person or one of those persons, or
he is a member of the family of that person or one of those persons and has resided with him throughout the period of twelve months ending with the disposal.
The orders referred to in subsection (1)(c) are orders under—
section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings),
section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate),
section 17 of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.), . . .
paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) , or
Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).
This section applies where, on a disposal of a house under section 32, a discount is given to the purchaser by the local authority in accordance with a consent given by the Secretary of State under subsection (2) of that section; but this section does not apply in any such case if the consent so provides.
On the disposal the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.
The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.
In subsection (3) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made.
The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on— a right of first refusal to have a disposal within subsection (6) made to them or him for such consideration as is mentioned in section 36B.
a local authority which have made a disposal as mentioned in subsection (1), or
such other person as is determined in accordance with the regulations,
The disposals within this subsection are—
a reconveyance or conveyance of the house; and
a surrender or assignment of the lease.
Regulations under this section may, in particular, make provision—
for the purchaser to offer to make such a disposal to such person or persons as may be prescribed;
for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted;
for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer;
for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the purchaser and any other prescribed person;
for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person;
for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken;
for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the purchaser is able to make a disposal on the open market;
for the manner in which any offer, acceptance or notification is to be communicated.
In subsection (7) any reference to the purchaser is a reference to the purchaser or his successor in title. Nothing in that subsection affects the generality of subsection (5).
Regulations under this section—
may make different provision with respect to different cases or descriptions of case; and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The limitation imposed by a covenant within subsection (3) is a local land charge.
The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.
In this Part a “compulsory disposal” means a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or for whom another person has made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired.
The consideration for a disposal made in respect of a right of first refusal as mentioned in section 36A(5) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that section).
That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by section 35 (repayment of discount on early disposal) would be discharged by the vendor.
If the offer is accepted in accordance with regulations under section 36A, no payment shall be required in pursuance of any such covenant as is mentioned in subsection (2), but the consideration shall be reduced, subject to subsection (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant.
Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in subsection (2), the consideration shall not be reduced under subsection (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under section 36A).
Where there is a relevant disposal which is an exempted disposal by virtue of section 39(1)(d) or (e) (compulsory disposal or disposal of yard, garden, &c.)—
the covenant required by section 35 (repayment of discount on early disposal) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant and the charge taking effect by virtue of section 36 (liability to repay a charge on the premises) cease to apply in relation to the property disposed of, and
any such covenant as is mentioned in section 37 (restriction on disposal of houses in National Parks, etc.) ceases to apply in relation to the property disposed of.
the covenant required by section 36A (right of first refusal for local authority) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant ceases to apply in relation to the property disposed of, and
For the purposes of this Part the grant of an option enabling a person to call for a relevant disposal which is not an exempted disposal shall be treated as such a disposal made to him.
For the purposes of section 37(2) (requirement of consent to disposal of house in National Park etc.) a consent to such a grant shall be treated as a consent to a disposal made in pursuance of the option.
The consent of the Secretary of State is required for the disposal by a local authority, otherwise than in pursuance of Part V (the right to buy) . . ., of a house or dwelling belonging to the authority— but which has not been acquired or appropriated by the authority for the purposes of this Part.
which is let on a secure tenancy or an introductory tenancy, or
of which a lease has been granted in pursuance of Part V,
Consent may be given—
either generally to all local authorities or to any particular local authority or description of authority, and
either generally in relation to all houses or dwellings or in relation to any particular house or dwelling or description of house or dwelling.
The consent of the Welsh Ministers is required for the disposal by a local authority of a dwelling belonging to the authority which is subject to a tenancy which is a secure contract or is an introductory standard contract.
Consent may be given subject to conditions.
Consent may, in particular, be given subject to conditions as to the price, premium or rent to be obtained on a disposal of the house or dwelling, including conditions as to the amount by which, on a disposal of the house or dwelling by way of sale or by the grant or assignment of a lease at a premium, the price or premium is to be, or may be, discounted by the local authority.
For the purposes of this section the grant of an option to purchase the freehold of, or any other interest in, a house or dwelling to which this section applies is a disposal and a consent given under this section to such a disposal extends to a disposal made in pursuance of the option.
The matters to which the appropriate national body may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include—
the extent (if any) to which the person to whom the proposed disposal is to be made (in this subsection referred to as “the intending purchaser”) is, or is likely to be, dependent upon, controlled by or subject to influence from the local autho-rity making the disposal or any members or officers of that authority;
the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accommodation let on tenancies or subject to licences;
the terms of the proposed disposal;
in the case of a proposed disposal which is part of a proposed large scale disposal, the appropriate national body's estimate of the exchequer costs of the large scale disposal; and
any reduction in the amount that the local authority may be required to pay under section 69 of the Housing and Planning Act 2016 (payments to Secretary of State in respect of vacant higher value housing in England) as a result of the disposal;
any other matters whatsoever which the appropriate national body considers relevant.
The estimate mentioned in subsection (4A)(ca) is to be based on such assumptions (including as to the period during which housing subsidies may be payable) as the appropriate national body may determine, regardless of whether those assumptions are, or are likely to be, borne out by events.
Subsections (4AB) to (4AE) of section 34 apply for the purposes of this section as they apply for the purposes of that section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
References in this section (other than in subsection (4A)(ca) and in subsections (4AB) to (4AE) of section 34 as applied for the purposes of this section) and in section 44 to a local authority shall include references to a National Park authority.
The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.
A disposal of a house by a local authority made without the consent required by section 32 or 43 is void, unless—
the disposal is to an individual (or to two or more individuals), and
the disposal does not extend to any other house.
Subsection (1) has effect notwithstanding section 29 of the Town and Country Planning Act 1959 and section 128(2) of the Local Government Act 1972 (protection of purchasers dealing with authority).
In this section “house” does not have the extended meaning applicable by virtue of the definition of “housing accommodation” in section 56, but includes a flat.
If a purchaser or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 35 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.
In subsection (1) “the appropriate time” means—
the time when the agreement is entered into, or
if it was made before the beginning of the discount repayment period, immediately after the beginning of that period.
An agreement is within this subsection if it is an agreement between the purchaser or his successor in title and any other person—
which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, under section 32,
which is made before the end of the discount repayment period, and
under which a relevant disposal (other than an exempted disposal) is or may be required to be made to any person after the end of that period.
Such an agreement is within subsection (3)—
whether or not the date on which the relevant disposal is to take place is specified in the agreement, and
whether or not any requirement to make that disposal is or may be made subject to the fulfilment of any condition.
The Secretary of State may by order provide—
for subsection (1) to apply to agreements of any description specified in the order in addition to those within subsection (3);
for subsection (1) not to apply to agreements of any description so specified to which it would otherwise apply.
An order under subsection (5)—
may make different provision with respect to different cases or descriptions of case; and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
The following provisions of this Part down to section 51 (restrictions on, and provision of information about, services charges) apply where—
the freehold of a house has been conveyed by a public sector authority; and
the conveyance enabled the vendor to recover from the purchaser a service charge.
the house is not a flat within the meaning of sections 18 to 30 of the Landlord and Tenant Act 1985 (which make provision for flats corresponding to that made by the following provisions of this Act).
In subsection (1)(a)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ public sector authority ” means— a local authority, a National Park authority a development corporation, an urban development corporation, a Mayoral development corporation, the Homes and Communities Agency, the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981, a housing action trust . . . Regulator of Social Housing or Scottish Homes a non-profit registered provider of social housing, a registered social landlord.
the reference to disposal is to the conveyance of the freehold or the grant or assignment of a long lease (that is, a lease creating a long tenancy as defined in section 115); and
“public sector authority” means— a local authority, a new town corporation, an urban development corporation, the Development Board for Rural Wales, the Housing Corporation, or a registered housing association.
The following provisions— section 170 (power of Secretary of State to given assistance in connection with legal proceedings), and section 181 (jurisdiction of county court), apply to proceedings and questions arising under this section and sections 46 to 51 as they apply to proceedings and questions arising under Part V (the right to buy).
In subsection (1)(a) “ public sector authority ” also includes the Welsh Ministers if the freehold has been conveyed by them (or by the Assembly constituted by the Government for Wales Act 1998, the Secretary of State or Housing for Wales) under section 90 of the Housing Associations Act 1985.
In subsection (1)(a) “public sector authority” also includes a profit-making registered provider of social housing in respect of any house which, before the conveyance, was social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.
In sections 45 to 51 “service charge” means an amount payable by the purchaser or lessee—
which is payable, directly or indirectly, for services, repairs, maintenance or insurance or the vendor’s or lessor’s costs of management, and
the whole or part of which varies or may vary according to the relevant costs.
The relevant costs are the costs or estimated costs incurred or to be incurred by or on behalf of the payee, or (in the case of a lease) a superior landlord, in connection with the matters for which the service charge is payable.
For this purpose—
“costs” includes overheads, and
costs are relevant costs in relation to a service charge whether they are incurred, or to be incurred, in the period for which the service charge is payable or in an earlier or later period.
In relation to a service charge—
the “payee” means the person entitled to enforce payment of the charge, and
the “payer” means the person liable to pay it.
Relevant costs shall be taken into account in determining the amount of a service charge payable for a period— and the amount payable shall be limited accordingly.
only to the extent that they are reasonably incurred, and
where they are incurred on the provision of services or the carrying out of works, only if the services or works are of a reasonable standard;
Where the service charge is payable before the relevant costs are incurred, no greater amount than is reasonable is so payable and after the relevant costs have been incurred any necessary adjustment shall be made by repayment, reduction of subsequent charges or otherwise.
An agreement by the payer (other than an arbitration agreement within the meaning of Part I of the Arbitration Act 1996) is void in so far as it purports to provide for a determination in a particular manner or on particular evidence of any question—
whether an amount payable before costs for services, repairs, maintenance, insurance or management are incurred is reasonable,
whether such costs were reasonably incurred, or
whether services or works for which costs were incurred are of a reasonable standard.
Where relevant costs are incurred or to be incurred on the carrying out of works in respect of which a grant has been or is to be paid under section 523 of the Housing Act 1985 (assistance for provision of separate service pipe for water supply) or any provision of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants, &c. for renewal of private sector housing) or any corresponding earlier enactment, the amount of the grant shall be deducted from the costs and the amount of the service charge payable shall be reduced accordingly.
The payer may require the payee in writing to supply him with a written summary of the costs incurred— and which are relevant to the service charges payable or demanded as payable in that or any other period.
if the relevant accounts are made up for periods of twelve months, in the last such period ending not later than the date of the request, or
if the accounts are not so made up, in the period of twelve months ending with the date of the request,
The payee shall comply with the request within one month of the request or within six months of the end of the period referred to in subsection (1)(a) or (b), whichever is the later.
The summary shall set out those costs in a way showing how they are or will be reflected in demands for service charges and must be certified by a qualified accountant as in his opinion a fair summary complying with this requirement and as being sufficiently supported by accounts, receipts and other documents which have been produced to him.
Where the payer has obtained such a summary as is referred to in subsection (1) (whether in pursuance of this section or otherwise, he may within six months of obtaining it require the payee in writing to afford him reasonable facilities— and the payee shall then make such facilities available to the payer for a period of two months beginning not later than one month after the request is made.
for inspecting the accounts, receipts and other documents supporting the summary, and
for taking copies of extracts from them,
The summary shall also state whether any of the costs relate to works in respect of which a grant has been or is to be paid under section 523 of the Housing Act 1985 (assistance for provision of separate service pipe for water supply) or any provision of Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing) or any corresponding earlier enactment.
A request under this section shall be deemed to be served on the payee if it is served on a person who receives the service charge on behalf of the payee; and a person on whom a request is so served shall forward it as soon as possible to the payee.
A disposal of the house by the payer does not affect the validity of a request made under this section before the disposal; but a person is not obliged to provide a summary or make the facilities available more than once for the same house and for the same period.
If a request under section 48(1) (information about costs incurred) relates in whole or in part to relevant costs incurred by or on behalf of a superior landlord and the payee is not in possession of the relevant information—
he shall in turn make a written request for the relevant information to the person who is his landlord (and so on if that person is not himself the superior landlord) and the superior landlord shall comply with that request within a reasonable time, and
the payee shall then comply with the payer’s request, or that part of it which relates to the relevant costs incurred by or on behalf of the superior landlord, within the time allowed by section 48 or such further time, if any, as is reasonable in the circumstances.
If a request made under section 48(4) (inspection of supporting accounts, receipts, etc.) relates to a summary of costs incurred by or on behalf of a superior landlord, the payee shall forthwith inform the payer of that fact and of the name and address of the superior landlord; and section 48(4) shall then apply as if the superior landlord were the payee.
If a person fails without reasonable excuse to perform a duty imposed on him by section 48 . . . (provision of information, &c.), he commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
Subsection (1) does not apply where the payee is— a local authority . . . , a development corporation, . . . or the Welsh Ministers . . ..
The reference to a “qualified accountant” in section 48(3) (certification of summary of information about relevant costs) is to a person who, in accordance with the following provisions, has the necessary qualification and is not disqualified from acting.
a person has the necessary qualification only if he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.
A Scottish firm has the necessary qualification if each of the partners in it has the necessary qualification.
The following are disqualified from acting—
where the payee is a company, the payee or any associated company of the payee;
an officer or employee of the payee or, where the payee is a company, of an associated company;
a person who is a partner or employee of any such officer or employee.
For the purposes of subsection (4)(a) and (b). a company is associated with the payee company if it is (within the meaning of section 1159 of the Companies Act 2006) the payee’s holding company or subsidiary or is a subsidiary of the payee’s holding company.
Where the payee is a local authority or a development corporation—
the persons who have the necessary qualification include members of the Chartered Institute of Public Finance and Accountancy, and
subsection (4)(b) (disqualification of officers and employees) does not apply.
A local housing authority by whom a house is erected under the enactments relating to housing, whether with or without financial assistance from the government, shall secure—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
that, in except in so far as the Secretary of State may, in a particular case, dispense with the observance of this paragraph, the house is provided with a fixed bath in a bathroom.
This section applies to prefabs, that is to say structures made available to a local authority under section 1 of the Housing (Temporary Accommodation) Act 1944 (“the 1944 Act”).
For the purposes of this Act prefabs shall be deemed to be houses provided by the local housing authority under this Part.
A prefab and the land on which it is situated may, if immediately before the repeal of the 1944 Act (on 25th August 1972) it was deemed to be land acquired for the purposes of Part V of the Housing Act 1957, be appropriated or disposed of by the local housing authority in the same way as any other land acquired or deemed to be acquired for the purposes of this Part.
The provisions of this section do not affect any obligation of a local housing authority to another person as respects the removal or demolition of a prefab.
References in this section to a prefab include fittings forming part of it.
A person authorised by a local housing authority or the Secretary of State may, at any reasonable time, on giving 24 hours’ notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of survey and examination—
where it appears to the authority or Secretary of State that survey or examination is necesary in order to determine whether any powers under this Part should be exercised in respect of the premises, or
in the case of premises which the authority are authorised by this Part to purchase compulsorily.
An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.
A person may not be authorised by a local housing authority under subsection (1)(a) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
It is a summary offence intentionally to obstruct an officer of the local housing authority, or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.
A person who commits such an offence is liable on conviction to a fine not exceeding level 3 on the standard scale.
“dispossessed proprietor”, in relation to a house subject to a control order, means the person by whom the rent or other periodical payments to which the local housing authority become entitled on the coming into force of the order would have been receivable but for the making of the order, and the successors in title of that person;
In this Part—
“ serious offence ” means an offence which—
lodging-houses and hostels, and
“ appropriate person ” means—
houses occupied, pursuant to a contract of service, by persons employed by the authority on the maintenance, supervision and management of houses and other property within the account.
In this Part, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)—
“contract-holder” (see section 7 (see also section 48) of that Act);
“dwelling” (see section 246 of that Act);
“introductory standard contract” (see section 16 of that Act);
“occupation contract” (see section 7 of that Act);
“secure contract” (see section 8 of that Act);
“standard contract” (see section 8 of that Act);
“supported standard contract” (see section 143 of that Act).
“domestic abuse” means abuse carried out by a person who is personally connected to the victim of the abuse (within the meaning of section 2 of the Domestic Abuse Act 2021);
The following, namely— shall rank in priority to that charge if, and only if, the local authority by written notice served on the institution concerned gives their consent; and the local authority shall so give their consent if the purpose of the advance or further advance is an approved purpose.
any advance which is made otherwise than for the purpose mentioned in subsection (2)(b) and is secured by a legal charge having priority to the charge taking effect by virtue of this section, and
any further advance which is so secured,
The local authority may at any time by written notice served on an approved lending institution postpone the charge taking effect by virtue of this section to any advance or further advance which— and the local authority shall serve such a notice if the purpose of the advance or further advance is an approved purpose.
is made to the purchaser by that institution, and
is secured by a legal charge not having priority to that charge;
The covenant required by section 35 (covenant for repayment of discount) does not, by virtue of its binding successors in title of the purchaser, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of this section, or a person deriving title under him; and a provision of the conveyance, grant or assignment, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with the covenant.
For the purposes of this Part, something is within the remit of the Regulator of Social Housing if it is related to or affects the provision of social housing by a local housing authority, or county council, in England.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the tenant or a person residing in the dwelling-house has been guilty of conduct such that, having regard to the purpose for which the building is used, it would not be right for him to continue in occupation of the dwelling-house.
the landlord reasonably requires the dwelling-house for occupation as a residence for some person either engaged in the employment of the landlord, or of such a body, or with whom a contract for such employment has been entered into conditional on housing being provided.
“non-mayoral CCA” has the same meaning as in the Levelling-up and Regeneration Act 2023 (see section 57 of that Act);
means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or reversion, and
Section 79.
A tenancy is not a secure tenancy if it is a long tenancy.
Subject to sub-paragraph (4B)a tenancy is not a secure tenancy if the tenant is an employee of the landlord or of— a local authority, a development corporation, a housing action trust a Mayoral development corporation, an urban development corporation, . . ., or the governors of an aided school, and his contract of employment requires him to occupy the dwelling-house for the better performance of his duties. Subject to sub-paragraph (4B) a tenancy is not a secure tenancy if the tenant is a member of a police force and the dwelling-house is provided for him free of rent and rates in pursuance of regulations made under section 50 of the Police Act 1996 (general regulations as to government, administration and conditions of service of police forces). Subject to sub-paragraph (4B)a tenancy is not a secure tenancy if the tenant is an employee of a fire and rescue authority and— Subject to sub-paragraph (4A) and (4B)a tenancy is not a secure tenancy if— . . . Except where the landlord is a local housing authority, a tenancy under sub-paragraph (4) shall become a secure tenancy when the periods during which the conditions mentioned in sub-paragraph (1), (2) or (3) are not satisfied with respect to the tenancy amount in aggregate to more than three years. Where the landlord is a local housing authority, a tenancy under sub-paragraph (1), (2), (3) or (4) shall become a secure tenancy if the authority notify the tenant that the tenancy is to be regarded as a secure tenancy. In this paragraph “contract of employment” means a contract of service or apprenticeship, whether express or implied and (if express) whether oral or in writing.
A tenancy is not a secure tenancy if it is an introductory tenancy or a tenancy which has ceased to be an introductory tenancy—
by virtue of section 133(3) of the Housing Act 1996 (disposal on death to non-qualifying person), or
by virtue of the tenant, or in the case of a joint tenancy every tenant, ceasing to occupy the dwelling-house as his only or principal home.
A tenancy is not a secure tenancy if it is a demoted tenancy within the meaning of section 143A of the Housing Act 1996.
A tenancy is not a secure tenancy if the dwelling-house is on land which has been acquired for development and the dwelling-house is used by the landlord, pending development of the land, as temporary housing accommodation. In this paragraph “development” has the meaning given by section 55 of the Town and Country Planning Act 1990 (general definition of development for purposes of that Act).
A tenancy granted in pursuance of any function under Part VII of the Housing Act 1996 (homelessness) ... is not a secure tenancy unless the local housing authority concerned have notified the tenant that the tenancy is to be regarded as a secure tenancy.
Subject to sub-paragraphs (1A) and (1B), a tenancy is not a secure tenancy if— . . . Except where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy on the expiry of one year from the grant or on earlier notification by the landlord to the tenant that the tenancy is to be regarded as a secure tenancy. Where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy if at any time the authority notify the tenant that the tenancy is to be regarded as a secure tenancy. In this paragraph—
A tenancy is not a secure tenancy if—
the dwelling-house has been leased to the landlord with vacant possession for use as temporary housing accommodation,
the terms on which it has been leased include provision for the lessor to obtain vacant possession from the landlord on the expiry of a specified period or when required by the lessor,
the lessor is not a body which is capable of granting secure tenancies, and
the landlord has no interest in the dwelling-house other than under the lease in question or as a mortgagee.
A tenancy is not a secure tenancy if it is a family intervention tenancy. But a tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy. In this paragraph “ a family intervention tenancy ” means, subject to sub-paragraph (4), a tenancy granted by a local housing authority in respect of a dwelling-house— A tenancy is not a family intervention tenancy for the purposes of this paragraph if the local housing authority has failed to serve a notice under sub-paragraph (5) on the new tenant before the new tenant entered into the tenancy. A notice under this sub-paragraph is a notice stating— The appropriate national authority may by regulations made by statutory instrument amend sub-paragraph (5). A notice under sub-paragraph (5) must contain advice to the new tenant as to how the new tenant may be able to obtain assistance in relation to the notice. The appropriate national authority may by regulations made by statutory instrument make provision about the type of advice to be provided in such notices. Regulations under this paragraph may contain such transitional, transitory or saving provision as the appropriate national authority considers appropriate. A statutory instrument containing (whether alone or with other provision) regulations under this paragraph which amend or repeal any of paragraphs (a) to (f) of sub-paragraph (5) may not be made— Subject to this, a statutory instrument containing regulations made under this paragraph— In this paragraph— “appropriate national authority”— in relation to England, means the Secretary of State; ... ... “ behaviour support agreement ” means an agreement in writing about behaviour and the provision of support services made between the new tenant and the local housing authority concerned (or between persons who include those persons); “ behaviour support services ” means relevant support services to be provided by any person to— the new tenant; or any person who is to reside with the new tenant; for the purpose of addressing the kind of behaviour which led to the new tenant falling within sub-paragraph (3)(a); “ family intervention tenancy ” has the meaning given by sub-paragraph (3); “ the new tenant ” has the meaning given by sub-paragraph (3)(a); “ relevant possession order ” means— a possession order under section 84 that is made on ground 2, 2ZA or 2A of Part 1 of Schedule 2, or a possession order under section 84A; “ relevant support services ” means support services of a kind identified in a behaviour support agreement and designed to meet such needs of the recipient as are identified in the agreement.
A tenancy is not a secure tenancy if—
the dwelling-house has been made available for occupation by the tenant (or a predecessor in title of his) while works are carried out on the dwelling-house which he previously occupied as his home, and
the tenant or predecessor was not a secure tenant of that other dwelling-house at the time when he ceased to occupy it as his home.
A tenancy is not a secure tenancy if it is granted in order to provide accommodation under section 4 or Part VI of the Immigration and Asylum Act 1999 . A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy.
A tenancy is not a secure tenancy if— In sub-paragraph (1) above—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A tenancy is not a secure tenancy if the dwelling-house consists of or includes premises licensed premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act)” for consumption on the premises.
Subject to sub-paragraphs (2A) and (2B), a tenancy of a dwelling-house is not a secure tenancy if— . . . A landlord’s notice under sub-paragraph (1)(b) shall specify the educational establishment which the person concerned proposes to attend. Except where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy on the expiry of the period specified in sub-paragraph (3) or on earlier notification by the landlord to the tenant that the tenancy is to be regarded as a secure tenancy. Where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy if at any time the authority notify the tenant that the tenancy is to be regarded as a secure tenancy. The period referred to in sub-paragraph (2A) is— In this paragraph— Regulations under sub-paragraph (4) shall be made by statutory instrument and may make different provision with respect to different cases or descriptions of case, including different provision for different areas.
A tenancy is not a secure tenancy if it is one to which Part II of the Landlord and Tenant Act 1954 applies (tenancies of premises occupied for business purposes).
A licence to occupy a dwelling-house is not a secure tenancy if— and in this paragraph “ almshouse ” means any premises maintained as an almshouse, whether they are called an almshouse or not; and “ trusts ”, in relation to a charity, means the provisions establishing it as a charity and regulating its purposes and administration, whether those provisions take effect by way of trust or not.
the dwelling-house is an almshouse, and
the licence was granted by or on behalf of a charity which—
is authorised under its trusts to maintain the dwelling-house as an almshouse, and
has no power under its trusts to grant a tenancy of the dwelling-house;
Section 84.
The tenant or a person residing in or visiting the dwelling-house—
has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality,
has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions, or
has been convicted of—
using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
an indictable offence committed in, or in the locality of, the dwelling-house.
The dwelling-house was occupied (whether alone or with others) by a married couple, a couple who are civil partners of each other ... or a couple living together as if they were a married couple or civil partners and—
one or both of the partners is a tenant of the dwelling-house,
one partner has left because of violence or threats of violence by the other towards—
that partner, or
a member of the family of that partner who was residing with that partner immediately before the partner left, and
the court is satisfied that the partner who has left is unlikely to return.
The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—
the tenant, or
a person acting at the tenant’s instigation
The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom. This Ground applies only in relation to dwelling-houses in England.
The dwelling-house was made available for occupation by the tenant (or a predecessor in title of his) while works were carried out on the dwelling-house which he previously occupied as his only or principal home and—
the tenant (or predecessor) was a secure tenant of the other dwelling-house at the time when he ceased to occupy it as his home,
the tenant (or predecessor) accepted the tenancy of the dwelling-house of which possession is sought on the understanding that he would give up occupation when, on completion of the works, the other dwelling-house was again available for occupation by him under a secure tenancy, and
the works have been completed and the other dwelling-house is so available.
The condition of the dwelling-house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or a person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.
either there is no longer such a person residing in the dwelling-house or the tenant has received from a local housing authority an offer of accommodation in premises which are to be let as a separate dwelling under a secure tenancy, and
the tenancy vested in the tenant by virtue of section 89 (succession to periodic tenancy) or 90 (devolution of term certain) in a case where the tenant was not the previous tenant's spouse or civil partner, and
the landlord requires the dwelling-house for occupation (whether alone or with members of his family) by such a person.
notice of the proceedings for possession was served under section 83 (or, where no such notice was served, the proceedings for possession were begun) more than six months but less than twelve months after the relevant date.
The landlord intends, within a reasonable time of obtaining possession of the dwelling-house— and cannot reasonably do so without obtaining possession of the dwelling-house.
to demolish or reconstruct the building or part of the building comprising the dwelling-house, or
to carry out work on that building or on land let together with, and thus treated as part of, the dwelling-house,
The dwelling-house is in an area which is the subject of a redevelopment scheme approved by the Secretary of State or the Regulator of Social Housing or Scottish Homes in accordance with Part V of this Schedule and the landlord intends within a reasonable time of obtaining possession to dispose of the dwelling-house in accordance with the scheme. or Part of the dwelling-house is in such an area and the landlord intends within a reasonable time of obtaining possession to dispose of that part in accordance with the scheme and for that purpose reasonably requires possession of the dwelling-house.
The dwelling-house has features which are substantially different from those of ordinary dwelling-houses and which are designed to make it suitable for occupation by a physically disabled person who requires accommodation of a kind provided by the dwelling-house and—
there is no longer such a person residing in the dwelling-house, and
the landlord requires it for occupation (whether alone or with members of his family) by such a person.
The landlord is a housing association or housing trust which lets dwelling-houses only for occupation (whether alone or with others) by persons whose circumstances (other than merely financial circumstances) make it especially difficult for them to satisfy their need for housing, and—
either there is no longer such a person residing in the dwelling-house or the tenant has received from a local housing authority an offer of accommodation in premises which are to be let as a separate dwelling under a secure tenancy, and
the landlord requires the dwelling-house for occupation (whether alone or with members of his family) by such a person.
The dwelling-house is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons with special needs and—
a social service or special facility is provided in close proximity to the group of dwelling-houses in order to assist persons with those special needs,
there is no longer a person with those special needs residing in the dwelling-house, and
the landlord requires the dwelling-house for occupation (whether alone or with members of his family) by a person who has those special needs.
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of section 84(2)(b) and (c) (case in which court is not to make an order for possession unless satisfied that suitable accommodation will be available) accommodation is suitable if it consists of premises— and, in the opinion of the court, the accommodation is reasonably suitable to the needs of the tenant and his family.
which are to be let as a separate dwelling under a secure tenancy, or
which are to be let as a separate dwelling under a protected tenancy, not being a tenancy under which the landlord might recover possession under one of the Cases in Part II of Schedule 15 to the Rent Act 1977 (cases where court must order possession), or
For the purposes of section 84(2)(b) and (c) (case in which court is not to make an order for possession unless satisfied that suitable accommodation will be available) accommodation is suitable if it consists of premises— and, in the opinion of the court, the accommodation is reasonably suitable to the needs of the tenant and his family.
which are to be let as a separate dwelling under an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession under any of Grounds 1 to 5 in Schedule 2 to that Act
In determining whether the accommodation is reasonably suitable to the needs of the tenant and his family, regard shall be had to—
the nature of the accommodation which it is the practice of the landlord to allocate to persons with similar needs;
the distance of the accommodation available from the place of work or education of the tenant and of any members of his family;
its distance from the home of any member of the tenant’s family if proximity to it is essential to that member’s or the tenant’s well-being;
the needs (as regards extent of accommodation) and means of the tenant and his family;
the terms on which the accommodation is available and the terms of the secure tenancy;
if furniture was provided by the landlord for use under the secure tenancy, whether furniture is to be provided for use in the other accommodation, and if so the nature of the furniture to be provided.
In determining whether the accommodation is reasonably suitable to the needs of the tenant and his family, regard shall be had to—
Where possession of a dwelling-house is sought on ground 9 (overcrowding such as to render occupier guilty of offence), other accommodation may be reasonably suitable to the needs of the tenant and his family notwithstanding that the permitted number of persons for that accommodation, as defined in section 326(3) (overcrowding: the space standard), is less than the number of persons living in the dwelling-house of which possession is sought.
Where possession of a dwelling-house is sought on ground 9 (overcrowding such as to render occupier guilty of offence), other accommodation may be reasonably suitable to the needs of the tenant and his family notwithstanding that the permitted number of persons for that accommodation, as defined in section 326(3) (overcrowding: the space standard), is less than the number of persons living in the dwelling-house of which possession is sought.
A certificate of the appropriate local housing authority that they will provide suitable accommodation for the tenant by a date specified in the certificate is conclusive evidence that suitable accommodation will be available for him by that date. The appropriate local housing authority is the authority for the district in which the dwelling-house of which possession is sought is situated. This paragraph does not apply where the landlord is a local housing authority.
A certificate of the appropriate local housing authority that they will provide suitable accommodation for the tenant by a date specified in the certificate is conclusive evidence that suitable accommodation will be available for him by that date. The appropriate local housing authority is the authority for the district in which the dwelling-house of which possession is sought is situated. This paragraph does not apply where the landlord is a local housing authority.
The Secretary of State may, on the application of the landlord, approve for the purposes of ground 10A in Part II of this Schedule a scheme for the disposal and re-development of an area of land consisting of or including the whole or part of one or more dwelling-houses. For this purpose— and it is immaterial whether the disposal is to precede or follow the redevelopment. The Secretary of State may on the application of the landlord approve a variation of a scheme previously approved by him and may, in particular, approve a variation adding land to the area subject to the scheme.
Where a landlord proposes to apply to the Secretary of State for the approval of a scheme or variation it shall serve a notice in writing on any secure tenant of a dwelling-house affected by the proposal stating— and informing the tenant that he may, within such period as the landlord may allow (which shall be at least 28 days from service of the notice), make representations to the landlord about the proposal. The landlord shall not apply to the Secretary of State until it has considered any representations made to it within that period. In the case of a landlord to which section 105 applies (consultation on matters of housing management) the provisions of this paragraph apply in place of the provisions of that section in relation to the approval or variation of a redevelopment scheme.
In considering whether to give his approval to a scheme or variation the Secretary of State shall take into account, in particular— and he shall take into account any representations made to him and, so far as they are brought to his notice, any representations made to the landlord. The landlord shall give to the Secretary of State such information as to the representations made to it, and other relevant matters, as the Secretary of State may require.
The Secretary of State shall not approve a scheme or variation so as to include in the area subject to the scheme— unless he is satisfied that the inclusion is justified in the circumstances.
part only of one or more dwelling-houses, or
one or more dwelling-houses not themselves affected by the works involved in redevelopment but which are proposed to be disposed of along with other land which is so affected,
Approval may be given subject to conditions and may be expressed to expire after a specified period. The Secretary of State, on the application of the landlord or otherwise, may vary an approval so as to— Where approval is given subject to conditions, the landlord may serve a notice under section 83or 83ZA (notice of proceedings for possession) specifying ground 10A notwithstanding that the conditions are not yet fulfilled but the court shall not make an order for possession on that ground unless satisfied that they are or will be fulfilled.
Where the landlord is a private registered provider of social housing or a housing association registered in the register maintained by Scottish Homes under section 3 of the Housing Associations Act 1985, the Regulator of Social Housing, or Scottish Homes, (and not the Secretary of State) has the functions conferred by this Part of this Schedule.
In this Part of this Schedule references to the landlord of a dwelling-house include any authority or body within section 80 (the landlord condition for secure tenancies) having an interest of any description in the dwelling-house.
Section 92.
The tenant or the proposed assignee is subject to an order of the court for the possession of the dwelling-house of which he is the secure tenant.
Proceedings have been begun for possession of the dwelling-house of which the tenant or the proposed assignee is the secure tenant on one or more of grounds 1 to 6 in Part I of Schedule 2 (grounds on which possession may be ordered despite absence of suitable alternative accommodation), or there has been served on the tenant or the proposed assignee a notice under section 83 or 83ZA (notice of proceedings for possession) which specifies one or more of those grounds and is still in force.
The accommodation afforded by the dwelling-house is substantially more extensive than is reasonably required by the proposed assignee.
Proceedings have been begun for possession of the dwelling-house, of which the tenant or the proposed assignee is the secure tenant, under section 84A (absolute ground for possession for anti-social behaviour), or there has been served on the tenant or the proposed assignee a notice under section 83ZA (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour) which is still in force.
The extent of the accommodation afforded by the dwelling-house is not reasonably suitable to the needs of the proposed assignee and his family.
Either— a relevant order , a suspended anti-social behaviour possession order or a suspended riot-related possession order is in force, or an application is pending before any court for a relevant order, a demotion order , an anti-social behaviour possession order or a riot-related possession order to be made, in respect of the tenant or the proposed assignee or a person who is residing with either of them. A “relevant order” means— an injunction under section 152 of the Housing Act 1996 (injunctions against anti-social behaviour); an injunction to which a power of arrest is attached by virtue of section 153 of that Act (other injunctions against anti-social behaviour); an injunction under section 153A, 153B or 153D of that Act (injunctions against anti-social behaviour on application of certain social landlords); an anti-social behaviour order under section 1 of the Crime and Disorder Act 1998; ... an injunction to which a power of arrest is attached by virtue of section 91 of the Anti-social Behaviour Act 2003 or section 27 of the Police and Justice Act 2006. an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014; a criminal behaviour order within the meaning given by section 330 of the Sentencing Code. An “anti-social behaviour possession order” means an order for possession under Ground 2 in Schedule 2 to this Act or Ground 14 in Schedule 2 to the Housing Act 1988. A “demotion order” means a demotion order under section 82A of this Act or section 6A of the Housing Act 1988. A “riot-related possession order” means an order for possession under Ground 2ZA in Schedule 2 to this Act or Ground 14ZA in Schedule 2 to the Housing Act 1988. ... Where the tenancy of the tenant or the proposed assignee is a joint tenancy, any reference to that person includes (where the context permits) a reference to any of the joint tenants.
The dwelling-house— the landlord, a local authority, a development corporation, a housing action trust . . . a Mayoral development corporation, an urban development corporation, or the governors of an aided school.
forms part of or is within the curtilage of a building which, or so much of it as is held by the landlord, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, or is situated in a cemetery, and
was let to the tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of—
The dwelling-house is subject to a closure notice or closure order under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014.
The landlord is a charity and the proposed assignee’s occupation of the dwelling-house would conflict with the objects of the charity.
The dwelling-house has features which are substantially different from those of ordinary dwelling-houses and which are designed to make it suitable for occupation by a physically disabled person who requires accommodation of the kind provided by the dwelling-house and if the assignment were made there would no longer be such a person residing in the dwelling-house.
The landlord is a housing association or housing trust which lets dwelling-houses only for occupation (alone or with others) by persons whose circumstances (other than merely financial circumstances) make it especially difficult for them to satisfy their need for housing and if the assignment were made there would no longer be such a person residing in the dwelling-house.
The dwelling-house is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons with special needs and a social service or special facility is provided in close proximity to the group of dwelling-houses in order to assist persons with those special needs and if the assignment were made there would no longer be a person with those special needs residing in the dwelling-house.
The dwelling-house is the subject of a management agreement under which the manager is a housing association of which at least half the members are tenants of dwelling-houses subject to the agreement, at least half the tenants of the dwelling-houses are members of the association and the proposed assignee is not, and is not willing to become, a member of the association. Reference to a management agreement includes a section 247 or 249 arrangement, as defined by section 250A(6) of the Housing and Regeneration Act 2008.
Sections 119 and 129.
The period to be taken into account— is the period qualifying, or the aggregate of the periods qualifying, under the following provisions of this Schedule.
for the purposes of section 119 (qualification for right to buy), and
for the purposes of section 129 (discount).
A period qualifies under this paragraph if it is a period during which, before the relevant time— was a public sector tenant or was the spouse or civil partnerof a public sector tenant and occupied as his only or principal home the dwelling-house of which the spouse or civil partner was such a tenant.
the secure tenant, or
his spouse or civil partner(if they are living together at the relevant time), or
a deceased spouse , or deceased civil partner, of his (if they were living together at the time of the death),
For the purposes of paragraph 2 a person who, as a joint tenant under a public sector tenancy, occupied a dwelling-house as his only or principal home shall be treated as having been the public sector tenant under that tenancy.
This paragraph applies where the public sector tenant of a dwelling-house died or otherwise ceased to be a public sector tenant of the dwelling-house, and thereupon a child of his who occupied the dwelling-house as his only or principal home (the “new tenant”) became the public sector tenant of the dwelling-house (whether under the same or under another public sector tenancy). A period during which the new tenant, since reaching the age of 16, occupied as his only or principal home a dwelling-house of which a parent of his was the public sector tenant or one of joint tenants under a public sector tenancy, being either— shall be treated for the purposes of paragraph 2 as a period during which he was a public sector tenant. For the purposes of this paragraph two persons shall be treated as parent and child if they would be so treated under section 186(2) (members of a person’s family: relationships other than those of the whole blood).
A period qualifies under this paragraph if it is a period during which, before the relevant time— occupied accommodation provided for him as a member of the regular armed forces of the Crown or was the spouse or civil partner of a person occupying accommodation so provided and also occupied that accommodation.
the secure tenant, or
his spouse or civil partner(if they are living together at the relevant time), or
a deceased spouse , or deceased civil partner, of his (if they were living together at the time of the death),
In this Schedule a “public sector tenant” means a tenant under a public sector tenancy. For the purposes of this Schedule, a tenancy, other than a long tenancy, under which a dwelling-house was let as a separate dwelling was a public sector tenancy at any time when the conditions described below as the landlord condition and the tenant condition were satisfied. The provisions of this Schedule apply in relation to a licence to occupy a dwelling-house (whether or not granted for consideration) as they apply in relation to a tenancy. Sub-paragraph (3) does not apply to a licence granted as a temporary expedient to a person who entered the dwelling-house or any other land as a trespasser (whether or not, before the grant of that licence, another licence to occupy that or another dwelling-house had been granted to him).
A period qualifies under this paragraph if it is a period during which, before the relevant time— was a qualifying person for the purposes of the preserved right to buy or was the spouse or civil partner of such a person and occupied the qualifying dwelling-house as his only or principal home.
the secure tenant, or
his spouse or civil partner(if they are living together at the relevant time), or
a deceased spouse , or deceased civil partner, of his (if they were living together at the time of the death),
The landlord condition is, subject to paragraphs 7A and 7B and and to any order under paragraph 8, that the interest of the landlord belonged to, or to a predecessor of— a local authority, a development corporation, a housing action trust the Development Board for Rural Wales, an urban development corporation, a Mayoral development corporation, the Commission for the New Towns, the Regulator of Social Housing or Housing for Wales, a a non-profit registered provider of social housing which is not a co-operative housing association, registered social landlord which is not a co-operative housing association, the Secretary of State where that interest belonged to him as the result of the exercise by him of functions under Part III of the Housing Associations Act 1985. . . . or to, or to a predecessor of, an authority or other body falling within sub-paragraph (2) or (3) (corresponding authorities and bodies in Scotland and Northern Ireland), The corresponding authorities and bodies in Scotland are— a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 , a joint board or joint committee of such a council, the common good of such a council or a trust under its control, a development corporation established by an order made or having effect as if made under the New Towns (Scotland) Act 1968, the Scottish Special Housing Association Scottish Homes, a housing association which falls within section 61(2)(a)(vi) of the Housing (Scotland) Act 1987 but is not a registered society within the meaning of section 45 of that Act, and . . . The corresponding authorities and bodies in Northern Ireland are— a district council within the meaning of the Local Government Act (Northern Ireland) 1972, the Northern Ireland Housing Executive, and a registered housing association within the meaning of Chapter II of Part II of the Housing (Northern Ireland) Order 1983.
The landlord condition shall also be treated as having been satisfied, in such circumstances as may be prescribed for the purposes of this paragraph by order of the Secretary of State, if the interest of the landlord belonged to a person who is so prescribed. An order under this paragraph—
The landlord condition shall be treated as having been satisfied in the case of a dwelling-house comprised in a housing co-operative agreement made— if the interest of the landlord belonged to the housing co-operative. In sub-paragraph (1) “ housing co-operative agreement ” and “ housing co-operative ”—
The landlord condition shall be treated as having been satisfied in the case of a dwelling-house let under a tenancy falling within section 80(2A) to (2E) at any time if, at that time, the interest of the landlord belonged to—
the Homes and Communities Agency,
the Greater London Authority, or
the Welsh Ministers.
The tenant condition is that the tenant was an individual and occupied the dwelling-house as his only or principal home; or, where the tenancy was a joint tenancy, that each of the joint tenants was an individual and at least one of them occupied the dwelling-house as his only or principal home.
The tenant condition is not met during any period when a tenancy is a demoted tenancy by virtue of section 20B of the Housing Act 1988 or section 143A of the Housing Act 1996.
For the purpose of determining whether at any time a tenant of a housing association was a public sector tenant and his tenancy a public sector tenancy, the association shall be deemed to have been registered at that time, under Part 2 of the Housing and Regeneration Act 2008,Part I of the Housing Act 1996 or Part I of the Housing Associations Act 1985 or under the corresponding Northern Ireland legislation, if it was so registered at any later time.
The right to buy does not arise if the landlord is a housing trust or a housing association and is a charity.
The right to buy does not arise if the landlord is a co-operative housing association.
The right to buy does not arise if the landlord is a housing association which at no time received a grant under— any enactment mentioned in paragraph 2 of Schedule 1 to the Housing Associations Act 1985 (grants under enactments superseded by the Housing Act 1974), section 31 of the Housing Act 1974 (management grants), section 41 of the Housing Associations Act 1985 (housing association grants), section 54 of that Act (revenue deficit grants), section 55 of that Act (hostel deficit grants), . . . section 58 of that Act (grants by local authorities). section 50 of the Housing Act 1988 (housing association grants), . . . section 51 of that Act (revenue deficit grants). section 18 of the Housing Act 1996 (social housing grants), ... section 22 of that Act (grants by local authorities for registered social landlords) , or section 19 of the Housing and Regeneration Act 2008 (financial assistance) which was a grant made on condition that the housing association provides social housing ... . or a grant from the Greater London Authority which was a grant made on condition that the housing association provides social housing.
The right to buy does not arise unless the landlord owns the freehold or has an interest sufficient to grant a lease in pursuance of this Part for— commencing, in either case, with the date on which the tenant’s notice claiming to exercise the right to buy is served.
where the dwelling-house is a house, a term exceeding 21 years, or
where the dwelling-house is a flat, a term of not less than 50 years,
The right to buy does not arise if the dwelling-house— a local authority, a development corporation, a housing action trust . . . a Mayoral development corporation, an urban development corporation, or the governors of an aided school. In sub-paragraph (1)(a) “housing purposes” means the purposes for which dwelling-houses are held by local housing authorities under Part II (provision of housing) or purposes corresponding to those purposes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the dwelling-house has features which are substantially different from those of ordinary dwelling-houses and are designed to make it suitable for occupation by physically disabled persons, and
it has had those features since it was constructed or, where it was provided by means of the conversion of a building, since it was so provided.
The right to buy does not arise if the dwelling-house has features which are substantially different from those of ordinary dwelling-houses and are designed to make it suitable for occupation by physically disabled persons, and—
it is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by physically disabled persons, and
a social service or special facilities are provided in close proximity to the group of dwelling-houses wholly or partly for the purpose of assisting those persons.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the provision of not less than 7.5 square metres of additional floor space;
the provision of an additional bathroom or shower-room;
the installation of a vertical lift
The right to buy does not arise if— In sub-paragraph (1)(a) “mental disorder” has the same meaning as in the Mental Health Act 1983
The right to buy does not arise if the dwelling-house is one of a group of dwelling-houses— and special facilities such as are mentioned in sub-paragraph (2) are provided wholly or mainly for the purposes of assisting those persons. The facilities referred to above are facilities which consist of or include—
The right to buy does not arise if the dwelling-house— In determining whether a dwelling is particularly suitable, no regard shall be had to the presence of any feature provided by the tenant or a predecessor in title of his. Notwithstanding anything in section 181 (jurisdiction of county court), any question arising under this paragraph shall be determined as follows. If an application for the purpose is made by the tenant to the the appropriate tribunal ... before the end of the period of 56 days beginning with the service of the landlord’s notice under section 124, the question shall be determined by the appropriate tribunal .... If no such application is so made, the question shall be deemed to have been determined in favour of the landlord. In this paragraph “ the appropriate tribunal ... ” means— For appeals, see section 11 of the Tribunals, Courts and Enforcement Act 2007 (for decisions of the First-tier Tribunal) and section 65A of the Rent Act 1977 (for decisions of a rent assessment committee). This paragraph does not apply unless the dwelling-house concerned was first let before 1st January 1990.
The right to buy does not arise if the dwelling-house is held by the landlord on a tenancy from the Crown, unless— In this paragraph “tenancy from the Crown” means a tenancy of land in which there is a Crown interest superior to the tenancy, and “Crown interest” and “appropriate authority” mean respectively— Section 179(1) (which renders ineffective certain provisions restricting the grant of leases under this Part) shall be disregarded for the purposes of sub-paragraph (1)(a).
The right to buy does not arise if a final demolition notice is in force in respect of the dwelling-house. A “ final demolition notice ” is a notice— If, at the time when the notice is served, there is an existing claim to exercise the right to buy in respect of the dwelling-house, the notice shall (instead of complying with sub-paragraph (2)(e)) state— and the notice shall also give details of that right to compensation and of how it may be exercised. The proposed demolition date must fall within the period of 24 months beginning with the date of service of the notice on the tenant. For the purposes of this paragraph a final demolition notice is in force in respect of the dwelling-house concerned during the period of 24 months mentioned in sub-paragraph (4), but this is subject to— . If— the landlord must have served a final demolition notice on the occupier of each of the dwelling-houses contained in it (whether addressed to him by name or just as “the occupier”). An accidental omission to serve a final demolition notice on one or more occupiers does not prevent the condition in this sub-paragraph from being satisfied. A notice stating that the landlord intends to demolish the relevant premises must have appeared— The notice mentioned in sub-paragraph (7) must contain the following information— In this paragraph and paragraphs 14 and 15 (other than paragraph 15(7A) any reference to the landlord, in the context of a reference to an intention or decision on his part to demolish or not to demolish any premises, or of a reference to the acquisition or transfer of any premises, includes a reference to a superior landlord.
A final demolition notice may only be served for the purposes of paragraph 13 if one of conditions A to C is satisfied in relation to the notice. Condition A is that the proposed demolition of the dwelling-house does not form part of a scheme involving the demolition of other premises. Condition B is that— Condition C is that— For the purposes of sub-paragraph (4) arrangements for the acquisition of any premises are in place if— In this paragraph—
The Secretary of State may, on an application by the landlord, give a direction extending or further extending the period during which a final demolition notice is in force in respect of a dwelling-house. A direction under sub-paragraph (1) may provide that any extension of that period is not to have effect unless the landlord complies with such requirements relating to the service of further notices as are specified in the direction. A direction under sub-paragraph (1) may only be given at a time when the demolition notice is in force (whether by virtue of paragraph 13 or this paragraph). If, while a final demolition notice is in force, the landlord decides not to demolish the dwelling-house in question, he must, as soon as is reasonably practicable, serve a notice (“ a revocation notice ”) on the tenant which informs him— If, while a final demolition notice is in force, it appears to the Secretary of State that the landlord has no intention of demolishing the dwelling-house in question, he may serve a notice (“a revocation notice”) on the tenant which informs him— Section 169 applies in relation to the Secretary of State’s power under this sub-paragraph as it applies in relation to his powers under the provisions mentioned in subsection (1) of that section. But the Secretary of State may not serve a revocation notice unless he has previously served a notice on the landlord which informs him of the Secretary of State’s intention to serve the revocation notice. Where a revocation notice is served under sub-paragraph (4) or (5), the demolition notice ceases to be in force as from the date of service of the revocation notice. Sub-paragraphs (4) to (7) do not apply if the landlord is selling or otherwise transferring his interest as landlord to another person or is offering it for sale or for other transfer. Once a final demolition notice (“the earlier notice”) has (for any reason) ceased to be in force in respect of a dwelling-house without it being demolished, no further final demolition notice (and no initial demolition notice) may be served in respect of it , by the landlord who served the earlier notice or any landlord who served a continuation notice in respect of the earlier notice, during the period of 5 years following the time when the earlier notice ceases to be in force, unless— The Secretary of State’s consent under sub-paragraph (8) may be given subject to compliance with such conditions as he may specify. In sub-paragraph (8) “ initial demolition notice ” has the meaning given by paragraph 1 of Schedule 5A (initial demolition notices).
This paragraph applies if— The final demolition notice (“the original notice”) continues in force but this is subject to— Sub-paragraph (4) applies if the transferee— The transferee must proceed under paragraph 15(4) as if the transferee has decided not to demolish the dwelling-house (and paragraph 15(5) to (7) applies on the same basis). A continuation notice is a notice— A continuation notice may not vary the proposed demolition date in the original notice nor the date when the original notice will cease to be in force. Sub-paragraph (8) applies if— The transferee must serve a continuation notice on the occupier of each of the dwelling-houses contained in the building (whether addressed to him by name or just as “the occupier”). An accidental omission to serve a continuation notice on one or more occupiers does not prevent the condition in sub-paragraph (8) from being satisfied. Paragraph 13(7) and (8) apply in relation to the transferee's intention to demolish so as to impose a condition on the transferee for a notice to appear within the period of 2 months beginning with the date of transfer. Sub-paragraphs (7) to (10) above apply instead of paragraph 13(6) to (8) in relation to a final demolition notice so far as continued in force under this paragraph.
Any notice under paragraph 13 , 15 or 15A may be served on a person— For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) the proper address of a person on whom a notice is to be served shall be—
Sections 139 and 151.
The conveyance or grant shall not exclude or restrict the general words implied under section 62 of the Law of Property Act 1925, unless the tenant consents or the exclusion or restriction is made for the purpose of preserving or recognising an existing interest of the landlord in tenant’s incumbrances or an existing right or interest of another person.
The conveyance or grant shall, by virtue of this Schedule, have the effect stated in sub-paragraph (2) as regards— The effect is— This paragraph—
The conveyance or grant shall include—
such provisions (if any) as the tenant may require for the purpose of securing to him rights of way over land not comprised in the dwelling-house, so far as the landlord is capable of granting them, being rights of way that are necessary for the reasonable enjoyment of the dwelling-house; and
such provisions (if any) as the landlord may require for the purpose of making the dwelling-house subject to rights of way necessary for the reasonable enjoyment of other property, being property in which at the relevant time the landlord has an interest, or to rights of way granted or agreed to be granted before the relevant time by the landlord or by the person then entitled to the reversion on the tenancy.
The conveyance or grant shall include such provisions (if any) as the landlord may require to secure that the tenant is bound by, or to indemnify the landlord against breaches of, restrictive covenants (that is to say, covenants or agreements restrictive of the use of any land or premises) which affect the dwelling-house otherwise than by virtue of the secure tenancy or an agreement collateral to it and are enforceable for the benefit of other property.
he conveyance or grant shall be expressed to be made by the landlord with full title guarantee (thereby implying the covenants for title specified in Part I of the Law of Property (Miscellaneous Provisions) Act 1994).
Subject to paragraph 6, and to Parts II and III of this Schedule, the conveyance or grant may include such other covenants and conditions as are reasonable in the circumstances.
A provision of the conveyance or lease is void in so far as it purports to enable the landlord to charge the tenant a sum for or in connection with the giving of a consent or approval.
In this Schedule—
an incumbrance on the secure tenancy which is also an incumbrance on the reversion, and
an interest derived, directly or indirectly, out of the secure tenancy.
The conveyance shall not exclude or restrict the all estate clause implied under section 63 of the Law of Property Act 1925, unless the tenant consents or the exclusion or restriction is made for the purpose of preserving or recognising an existing interest of the landlord in tenant’s incumbrances or an existing right or interest of another person.
The conveyance shall be of an estate in fee simple absolute, subject to— but otherwise free from incumbrances. Nothing in sub-paragraph (1) shall be taken as affecting the operation of paragraph 5 of this Schedule (reasonable covenants and conditions).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A lease shall be for the appropriate term defined in paragraph 12 (but subject to sub-paragraph (3) of that paragraph) and at a rent not exceeding £10 per annum or, if the lease is a regulated lease within the meaning of the Leasehold Reform (Ground Rent) Act 2022, the rent permitted by that Act, and the following provisions have effect with respect to the other terms of the lease.
If at the time the grant is made the landlord’s interest in the dwelling-house is not less than a lease for a term of which more than 125 years and five days are unexpired, the appropriate term is a term of not less than 125 years. In any other case the appropriate term is a term expiring five days before the term of the landlord’s lease of the dwelling-house (or, as the case may require, five days before the first date on which the term of any lease under which the landlord holds any part of the dwelling-house) is to expire. If the dwelling-house is a flat contained in a building, which also contains one or more other flats and the landlord has, since 8th August 1980, granted a lease of one or more of them for the appropriate term, the lease of the dwelling-house may be for a term expiring at the end of the term for which the other lease (or one of the other leases) was granted.
Where the dwelling house is a flat and the tenant enjoyed, during the secure tenancy, the use in common with others of any premises, facilities or services, the lease shall include rights to the like enjoyment, so far as the landlord is capable of granting them, unless otherwise agreed between the landlord and the tenant.
This paragraph applies where the dwelling-house is a flat. There are implied covenants by the landlord— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . There is an implied covenant that the landlord shall rebuild or reinstate the dwelling-house and the building in which it is situated in the case of destruction or damage by fire, tempest, flood or any other cause against the risk of which it is normal practice to insure. Sub-paragraphs (2) and (3) have effect subject to paragraph 15(3) (certain obligations not to be imposed, where landlord’s title is leasehold, by reason of provisions of superior lease). The county court may, by order made with the consent of the parties, authorise the inclusion in the lease or in an agreement collateral to it of provisions excluding or modifying the obligations of the landlord under the covenants implied by this paragraph, if it appears to the court that it is reasonable to do so.
This paragraph applies where the landlord’s interest in the dwelling-house is leasehold. There is implied a covenant by the landlord to pay the rent reserved by the landlord’s lease and, except in so far as they fall to be discharged by the tenant, to discharge its obligations under the covenants contained in that lease. A covenant implied by virtue of paragraph 14 (implied covenants where dwelling-house is a flat) shall not impose on the landlord an obligation which the landlord is not entitled to discharge under the provisions of the landlord’s lease or a superior lease. Where the landlord’s lease or a superior lease, or an agreement collateral to the landlord’s lease or a superior lease, contains a covenant by a person imposing obligations which, but for sub-paragraph (3), would be imposed by a covenant implied by virtue of paragraph 14, there is implied a covenant by the landlord to use its best endeavours to secure that that person’s obligations under the first-mentioned covenant are discharged.
Unless otherwise agreed between the landlord and the tenant, there is implied a covenant by the tenant—
where the dwelling-house is a house, to keep the dwelling-house in good repair (including decorative repair);
where the dwelling-house is a flat, to keep the interior of the dwelling-house in such repair.
A provision of the lease, or of an agreement collateral to it, is void in so far as it purports to prohibit or restrict the assignment of the lease or the subletting, wholly or in part, of the dwelling-house. Sub-paragraph (1) has effect subject to section 157 (restriction on disposal of dwelling-houses in National Parks, etc.).
Where the dwelling-house is a flat, a provision of the lease or of an agreement collateral to it is void in so far as it purports—
to authorise the recovery of such a charge as is mentioned in paragraph 16A (contributions in respect of repairs, etc.) otherwise than in accordance with that paragraph and paragraph 16B (restrictions in initial period of lease); or
to authorise the recovery of any charge in respect of costs incurred by the landlord—
in discharging the obligations imposed by the covenant implied by paragraph 14(3) (rebuilding or reinstatement, &c.), or those obligations as modified in accordance with paragraph 14(4), or
in contributing to costs incurred by a superior landlord or other person in discharging obligations to the like effect; or
to authorise the recovery of an improvement contribution otherwise than in accordance with paragraph 16C (restrictions in initial period of lease).
A provision of the lease, or of an agreement collateral to it, is void in so far as it purports to authorise a forfeiture, or to impose on the tenant a penalty or disability, in the event of his enforcing or relying on the preceding provisions of this Schedule.
The lease may require the tenant to bear a reasonable part of the costs incurred by the landlord— and to the extent that by virtue of paragraph 15(3) (effect of provision of superior lease) such obligations are not imposed on the landlord, to bear a reasonable part of the costs incurred by the landlord in contributing to costs incurred by a superior landlord or other person in discharging or, as the case may be, insuring against obligations to the like effect. Where the lease requires the tenant to contribute to the costs of insurance, it shall provide that the tenant is entitled to inspect the relevant policy at such reasonable times as may be specified in the lease. Where the landlord does not insure against the obligations imposed by the covenant implied by virtue of paragraph 14(3), or, as the case may be, the superior landlord or other person does not insure against his obligations to the like effect, the lease may require the tenant to pay a reasonable sum in place of the contribution he could be required to make if there were insurance. Where in any case the obligations imposed by the covenants implied by virtue of paragraph 14(2) or (3) are modified in accordance with paragraph 14(4) (power of county court to authorise modification), the references in this paragraph are to the obligations as so modified. This paragraph has effect subject to paragraph 16B (restrictions in certain cases as regards costs incurred in the initial period of the lease).
Where a lease of a flat requires the tenant to pay service charges in respect of repairs (including works for the making good of structural defects), his liability in respect of costs incurred in the initial period of the lease is restricted as follows. He is not required to pay in respect of works itemised in the estimates contained in the landlord’s notice under section 125 any more than the amount shown as his estimated contribution in respect of that item, together with an inflation allowance. He is not required to pay in respect of works not so itemised at a rate exceeding— together, in each case, with an inflation allowance. The initial period of the lease for the purposes of this paragraph begins with the grant of the lease and ends five years after the grant, except that—
Where a lease of a flat requires the tenant to pay improvement contributions, his liability in respect of costs incurred in the initial period of the lease is restricted as follows. He is not required to make any payment in respect of works for which no estimate was given in the landlord’s notice under section 125. He is not required to pay in respect of works for which an estimate was given in that notice any more than the amount shown as his estimated contribution in respect of that item, together with an inflation allowance. The initial period of the lease for the purposes of this paragraph begins with the grant of the lease and ends five years after the grant, except that—
The Secretary of State may by order prescribe— An order—
Where a lease of a flat granted in pursuance of the right to acquire on rent to mortgage terms requires the tenant to pay— his liability in respect of costs incurred at any time before the final payment is made is restricted as follows. He is not required to pay any more than the amount determined by the formula— where— M = the maximum amount which he is required to pay; P = the amount which, but for this paragraph, he would be required to pay; S = the landlord’s share at the time expressed as a percentage.
A charge (however created or arising) on the interest of the landlord which is not a tenant’s incumbrance does not affect a lease granted in pursuance of the right to buy.
This paragraph applies to a charge (however created or arising) on the freehold where the freehold is conveyed in pursuance of the right to buy. If the charge is not a tenant’s incumbrance and is not a rentcharge the conveyance is effective to release the freehold from the charge; but the release does not affect the personal liability of the landlord or any other person in respect of any obligation which the charge was created to secure. If the charge is a rentcharge the conveyance shall be made subject to the charge; but if the rentcharge also affects other land— In this paragraph “rentcharge” has the same meaning as in the Rentcharges Act 1977; and—
The deed shall provide for repayment of the amount secured in equal instalments of principal and interest combined.
The period over which repayment is to be made shall be— or, at the option of the mortgagor, a shorter period. The period mentioned in sub-paragraph (1) may be extended by the mortgagee.
The Secretary of State may by order— but only in relation to deeds executed after the order comes into force. An order under this paragraph—
The deed may contain such other provisions as may be—
agreed between the mortgagor and the mortgagee, or
determined by the county court to be reasonably required by the mortgagor or the mortgagee.
The lease shall state the tenant’s initial share of the dwelling-house and shall contain provision enabling the tenant to acquire additional shares in the dwelling-house, which shall be either the prescribed percentage (within the meaning of section 145) or a multiple of that percentage. The right so conferred is exercisable at any time during the term of the lease on the tenant serving written notice on the landlord, stating the additional share he proposes to acquire. Where the tenant claims to exercise the right to acquire an additional share, the landlord shall, as soon as practicable, serve on the tenant a written notice stating— determined in each case, in accordance with paragraph 3(1). A notice required by this paragraph may be withdrawn at any time by notice in writing served on the landlord.
Where the dwelling-house is a house and the landlord owns the freehold, the lease shall provide that, on his acquiring an additional share such that his total share will be 100 per cent., the tenant is entitled to require the freehold to be conveyed either to himself or to such other person as he may direct. The right so conferred is exercisable at any time during the term of the lease on the tenant serving written notice on the landlord. As soon as practicable after the right mentioned in sub-paragraph (1) has become exercisable, the landlord shall serve on the tenant a written notice— A conveyance executed in pursuance of that right— and Part IV of Schedule 6 (charges) applies to such a conveyance as it applies to a conveyance of the freehold in pursuance of the right to buy. A notice required by this paragraph may be withdrawn at any time by notice in writing served on the landlord.
The consideration for an additional share (referred to in this Part as an “additional contribution”) shall be determined by the formula— and the effective discount to which the tenant is entitled on the acquisition of an additional share shall be determined by the formula— where— C = the additional contribution, E = the effective discount, S = the additional share expressed as a percentage, V = the value of the dwelling-house (determined in accordance with paragraph 11) at the time when the notice under paragraph 1 is served, and D = the discount which on the assumptions stated in sub-paragraph (2) below would be applicable under sections 129 to 131 (discount on exercise of right to buy). The assumptions are that—
The lease shall provide that, for any period for which the tenant’s total share is less than 100 per cent., the rent payable under the lease shall be determined by the formula— where— R=the rent payable, F=the amount determined by the landlord as the rent which would be payable for that period if the shared ownership lease had not been granted and the secure tenancy had not come to an end, but excluding any element attributable to rates or council tax or to services provided by the landlord, and S=the tenant’s total share expressed as a percentage. In making a determination under sub-paragraph (1) the landlord shall take into account all matters which appear to it to be relevant including, in particular, where comparable dwelling-houses in the locality are let on secure tenancies, the rents payable under those tenancies. The lease shall also provide that, for any such period, if the Secretary of State by order so provides— shall be adjusted in such manner as may be provided by the order. The Secretary of State may by order under sub-paragraph (3) provide for such adjustment as he considers appropriate having regard to the differing reponsibilities for repairs, maintenance and insurance of a tenant under a shared ownership lease and a secure tenant. An order under this paragraph— and shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. In this paragraph “rates” includes charges in respect of any services provided by a water undertaker or sewerage undertaker in the course of the carrying out of its functions.
The lease shall provide that, for any period for which the tenant’s total share is 100 per cent., the rent payable under the lease shall be £10 per annum.
The lease shall contain a covenant binding on the tenant and his successors in title to pay to the landlord on demand for the outstanding share an amount determined in accordance with sub-paragraph (2) if, at a time when the tenant’s total share is less than 100 per cent., there is— The amount payable under the covenant shall be determined by the formula— where— P = the amount payable under the covenant, V = the value at the time of the disposal (determined in accordance with paragraph 11) of the dwelling-house or, in the case of a compulsory disposal of a part of the dwelling-house, of the part disposed of, and S = the tenant’s total share expressed as a percentage. Section 156 (liability to repay discount a charge on the premises) applies in relation to the liability that may arise under the covenant required by this paragraph as it applies in relation to the liability that may arise under the covenant required by section 155 (repayment of discount on early disposal).
The lease shall provide that, on the discharge of a liablility arising under the covenant required by paragraph 6— shall be £10 per annum.
the rent payable under the lease, or
in the case of a compulsory disposal of a part of the dwelling-house, the rent payable under the lease so far as relating to that part,
Where the dwelling-house is a house and the landlord owns the freehold, the lease shall provide that on the discharge of a liability arising under the covenant required by paragraph 6— is entitled to require the freehold of the dwelling-house, or as the case may be that part of the dwelling-house, to be conveyed either to himself or to such other person as he may direct. The right so conferred is exercisable at any time during the term of the lease on the person referred to in sub-paragraph (1)(a) or (b) serving written notice on the landlord. As soon as practicable after such a right as is mentioned in sub-paragraph (1) has become exercisable by any person, the landlord shall serve on him a written notice— A conveyance executed in pursuance of such a right— and Part IV of Schedule 6 (charges) applies to such a conveyance as it applies to a conveyance of the freehold in pursuance of the right to buy. A notice required by this paragraph may be withdrawn at any time by notice in writing served on the landlord.
The lease shall contain a covenant binding on the tenant and his successors in title that there will be no relevant disposal of part of the dwelling-house, other than a compulsory disposal, at any time when the tenant’s total share is less than 100 per cent. A disposal in breach of the covenant required by sub-paragraph (1) is void.
The lease shall provide that in the event of a relevant disposal which is an exempted disposal by virtue of— section 160(1)(a) (a disposal of whole dwelling-house to member of family), section 160(1)(b) (vesting on death of tenant), or section 160(1)(c) (matrimonial property adjustment or family provision order), references to the tenant in the provisions of the lease required by this Schedule or by section 155 (repayment of discount on early disposal) shall include references to the person to whom the disposal is made. The lease shall also provide that, in the event of a compulsory disposal of a part of the dwelling-house, references in those provisions to the dwelling-house shall be construed as references to the remaining part of the dwelling-house.
For the purposes of paragraph 3 (additional contributions) and paragraph 6 (payment for outstanding share on disposal) the value of the dwelling-house, or a part of the dwelling-house, at any time is the amount agreed between the parties or determined by the district valuer as the amount which, in accordance with this paragraph, is to be taken as its value at that time. That value shall be taken to be the price which the interest of the tenant in the dwelling-house or part would realise if sold on the open market by a willing vendor— The liabilities referred to in sub-paragraph (2)(a) are— The matters to be disregarded in pursuance of sub-paragraph (2)(b) are any interests or rights over the dwelling-house created by the tenant, any improvements made by the tenant or any of the persons mentioned in section 127(4) (certain predecessors as secure tenant) and any failure by the tenant or any of those persons—
The deed shall enable the tenant to require further sums to be advanced to him in the circumstances and subject to the limits stated in this Schedule. The right so conferred is exercisable, within three months of the tenant claiming to exercise his right to acquire an additional share, on the tenant serving written notice on the landlord or Corporation. Such a notice may be withdrawn at any time by notice in writing served on the landlord or Corporation.
The amount which a tenant exercising the right to a further advance is entitled to have advanced to him is, subject to the limit imposed by paragraph 3, the amount of his additional contribution.
The limit is that the aggregate of that amount and the amount for the time being secured by the mortgage shall not exceed— Where the amount which a tenant is entitled to have advanced to him is reduced by the limit imposed by this paragraph, the landlord may, if it thinks fit and the tenant agrees, treat him as entitled to have advanced to him such amount exceeding that limit, but not exceeding the amount of his additional contribution, as the landlord may determine.
The Secretary of State may by regulations make provision for calculating the amount which is to be taken into account as a person’s available annual income and for specifying a factor appropriate to it. The regulations may— Regulations under this paragraph—
As soon as practicable after the service on it of a notice required by paragraph 1, the landlord or Corporation shall serve on the tenant a written notice stating—
the amount which, in the opinion of the landlord or Corporation, the tenant is entitled to have advanced to him on the assumption that the additional share is as stated in the tenant’s notice under paragraph 1 of Schedule 8 (claim-to exercise right to acquire additional shares),
if greater than that amount, the amount which, in the opinion of the landlord or Corporation, the tenant would be entitled to have advanced to him if the additional share were such that his total share would be 100 per cent,
how that amount, or those amounts, have been arrived at, and
the provisions which, in the opinion of the landlord or Corporation, should be contained in the deed by which the further mortgage is effected.
Schedule 7 (terms of mortgage granted in pursuance of right to a mortgage) applies to the deed by which the further mortgage is effected, but with the substitution for any reference to the term of the lease of a reference to the unexpired term of the lease.
The provisions of this Schedule have effect for enabling the local authority to recover expenses reasonably incurred by them in carrying out, in a case where the notice has not been complied with, works required to be carried out by a notice under— section 189 or 190 (repair notices), . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , or section 352, . . . or 372 (notices relating to houses in multiple occupation).
A demand for the expenses, together with interest in accordance with paragraph 4, shall be served on the person from whom the authority seek to recover them. On the date on which the demand is served, the authority shall serve a copy of it on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the premises. The demand becomes operative, if no appeal is brought, on the expiry of 21 days from the date of service of the demand and is final and conclusive as to matters which could have been raised on an appeal.
Expenses in respect of which a demand is served carry interest, at such reasonable rate as the authority may determine, from the date of service until payment of all sums due under the demand.
A person aggrieved by a demand for the recovery of expenses, . . . , may within 21 days of the service of the demand or copy, . . . appeal to the county court. Where the demand for recovery of expenses relates to works carried out by virtue of section 193(2A), it shall be a ground of appeal that, at the time the local housing authority gave notice under section 194 of their intention to enter and do the works, reasonable progress was being made towards compliance with the repair notice. Where the demand for recovery of expenses relates to works carried out by virtue of subsection (3) of section 375, it shall be a ground of appeal that, at the time the local housing authority served notice under subsection (3A) of that section, reasonable progress was being made towards compliance with the notice in question. On an appeal the court may make such order either confirming, quashing or varying the demand . . . as it thinks fit. A demand . . . against which an appeal is brought becomes operative, so far as it is confirmed on appeal, on the final determination of the appeal; and the withdrawal of an appeal has for this purpose the same effect as a decision dismissing the appeal. No question may be raised on appeal under this paragraph which might have been raised on an appeal against the relevant notice.
Where a demand becomes operative by virtue of paragraph 3(3) or 6(3), the local housing authority may serve notice on any person— stating the amount of expenses recoverable by the authority and requiring all future payments of rent or sums in the nature of rent, whether already accrued due or not, by such tenant or licensee to be made direct to the authority until the expenses recoverable by the authority, together with interest accrued due, have been duly paid. In the case of a demand which was served on any person as agent or trustee for another person (in this sub-paragraph referred to as “the principal or beneficiary”) sub-paragraph (1) shall have effect as if the reference in each of paragraphs (a) and (b) to the person on whom the demand was served were a reference to that person or the principal or beneficiary. Subject to sub-paragraph (4), where a notice is served under sub-paragraph (1) then, unless the authority by further notice served on the tenant or licensee otherwise direct, it shall operate to transfer to the authority the right to recover, receive and give a discharge for the rent or sums in the nature of rent.
The expenses recoverable by the authority, together with the interest accrued due, are, until recovered, a charge on the premises to which the notice related. The charge takes effect when the demand for the expenses and interest becomes operative. The authority have for the purpose of enforcing the charge the same powers and remedies, under the Law of Property Act 1925 and otherwise, as if they were mortgagees by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver. The power of appointing a receiver is exercisable at any time after the expiration of one month from the date when the charge takes effect.
This paragraph applies only to notices under section 352, . . . or 372 (notices relating to houses in multiple occupation). If the authority apply to the county court and satisfy the court that— the court may, if satisfied that that person has had proper notice of the application, order him to make such payments to the authority as may appear to the court to be just.
This Schedule applies to a house comprised in a clearance area which— In the case of a clearance area comprising houses within sub-paragraph (1)(a) or (b), this Schedule also applies to houses included in it by virtue of section 293 (local housing authority’s own property). In this Schedule “land liable to be cleared”, in relation to a clearance area, means— but does not include land subject to a clearance order made and confirmed under section 44 of the Housing Act 1957 before the repeal of that provision on 9th October 1979.
Where a house to which this Schedule applies— the authority may make and submit to the Secretary of State a rehabilitation order in relation to the house. In addition to applying to such a house, the order may, if the authority think fit, be made to apply to other land liable to be cleared. Where the owner of a house to which this Schedule applies and which was included in the clearance area by reason of its being unfit for human habitation requests the local housing authority to make a rehabilitation order in respect of the house and they refuse to do so, they shall give him in writing the reasons for their refusal.
Where the local housing authority have made a rehabilitation order they shall not— until after the date on which the notice becomes operative or, as the case may be, on which confirmation of the order is refused. No account shall be taken for the purposes of section 4 of the Compulsory Purchase Act 1965 (time limit for completing compulsory purchase) of any period during which an authority are prevented by sub-paragraph (1) from serving a notice to treat under section 5 of that Act.
On the date on which a rehabilitation order becomes operative, the local housing authority cease to be subject to any duty under this Part to demolish or secure the demolition of buildings on the land. The authority shall then take such steps as are necessary— The authority may accept undertakings for the purposes of sub-paragraph (2)(b) from the owner of the house, or any other person who has or will have an interest in it, concerning the works to be carried out to restore the house and the time within which the works are to be carried out.
This paragraph applies where a rehabilitation order becomes operative in respect of land included in a compulsory purchase order made and confirmed by virtue of section 290 (acquisition of land for clearance). If at the date on which the rehabilitation order becomes operative— the compulsory purchase order ceases to have effect in relation to the land and if the land is included in a clearance area it ceases to be so included. Where sub-paragraph (1) does not apply the compulsory purchase order has effect in relation to any interest in the land which has not vested in the authority at the date on which the rehabilitation order becomes operative—
Where a rehabilitation order becomes operative in respect of land and an interest in the land comprised in the order is vested in the local housing authority, the interest shall be treated—
in the case of an interest in a house, as appropriated to the purposes of Part II (provision of housing), and
in the case of any other interest, as appropriated to the purposes of Part VI of the Town and Country Planning Act 1971.
A rehabilitation order may be made and confirmed notwithstanding that the effect of the order in excluding land from a clearance area is to sever the area into two or more separate and distinct areas. In such a case the provisions of this Act relating to the effect of a compulsory purchase order when confirmed, and to the proceedings to be taken after confirmation of such an order, apply as if those areas formed one clearance area.
Where a rehabilitation order becomes operative in respect of land and its effect is to exclude from the clearance area land adjoining a general improvement area, the land shall be included in the general improvement area unless the Secretary of State otherwise directs.
A rehabilitation order shall be made in the prescribed form and shall describe, by reference to a map—
the houses to which it applies and which were included in the clearance area by reason of their being unfit for human habitation,
any other land to which it applies, and
any land not within paragraph (a) or (b) in respect of which notice is required to be served under paragraph 10.
Before submitting a rehabilitation order to the Secretary of State the local housing authority shall, except so far as the Secretary of State directs otherwise, comply with the following provisions. They shall publish in one or more newspapers circulating in their district a notice in the prescribed form— They shall serve on every person mentioned in sub-paragaph (4) a notice in the prescribed form stating— The persons to whom notice must be given are— A notice under this paragraph shall be accompanied by a statement of the grounds on which the authority are seeking confirmation of the order.
If no objection is duly made by any of the persons on whom notices are required to be served under paragraph 10, or if all objections so made are withdrawn, the Secretary of State may confirm the order with or without modifications. If an objection duly made is not withdrawn, the Secretary of State shall, before confirming the order, either— After considering any objection not withdrawn and the report of the person who held the inquiry or was appointed under sub-paragraph (2), the Secretary of State may confirm the order with or without modifications. The Secretary of State may require a person who has made an objection to state the grounds of the objection in writing, and may disregard the objection if he is satisfied that it relates exclusively to matters which can be dealt with by the tribunal by whom any compensation is to be assessed. The Secretary of State’s power to modify a rehabilitation order includes power, subject to sub-paragraph (6), to extend it to any land liable to be cleared. The Secretary of State shall not extend the application of a rehabilitation order to any land unless he has served on the following persons— a notice stating the effect of his proposals, and has afforded them an opportunity to make their views known.
So soon as may be after the order has been confirmed by the Secretary of State, the local housing authority shall comply with the following provisions. They shall publish in a newspaper circulating in their district a notice in the prescribed form— They shall serve a like notice on—
If a person aggrieved by the order desires to question its validity on the ground— he may within six weeks after publication of the notice of confirmation make an application for the purpose to the High Court. Where such an application is duly made, the court may by interim order suspend the operation of the order, either generally or in so far as it affects property of the applicant until the final determination of the proceedings. If on the hearing of the application the court is satisfied— the court may quash the order, either generally or in so far as it affects property of the applicant. No appeal lies to the House of Lords from a decision of the Court of Appeal in proceedings under this paragraph except by leave of the Court of Appeal. Subject to the provisions of this paragraph, the order shall not be questioned in any legal proceedings whatsoever, either before or after the order is confirmed.
The order becomes operative (subject to any order under paragraph 13) at the expiration of six weeks from the date on which notice of confirmation of the order is published in accordance with paragraph 12. So soon as may be after the order has become operative the local housing authority shall serve a copy of the notice on every person on whom a notice was served by them of their intention to submit the order to the Secretary of State for confirmation.
This Schedule has effect with respect to the provision which may be made by regulations under section 313 prescribing the method of determining whether a local authority have incurred a loss in connection with the exercise of their slum clearance functions and the amount of the loss.
The regulations may require expenditure or receipts to be treated, or not to be treated, as of a capital nature. The regulations may, in the case of an item, of a capital nature, determine the method of arriving at the appropriate equivalent annual amounts to be taken into account, and their number, or may specify classes of case in which an item of a capital nature is to be taken into account for a single year. The number of equivalent annual amounts prescribed under sub-paragraph (2) shall not in any case exceed 60. The regulations may provide that, where the prescribed number of equivalent annual amounts in respect of an item exceeds 15, all equivalent annual amounts in respect of that item shall be left out of account from such year, not being less than 15 years after the year in which the item arises and not earlier than 1986-87, as may be specified in the regulations.
The regulations may provide that expenditure of any class or description shall not be taken into account unless, and except so far as, the Secretary of State has approved the expenditure.
The regulations may, in order to prevent subsidy or other payments out of money provided by Parliament being made in respect of the same loss or expenditure, or in respect of the same land, both under section 312 (slum clearance subsidy) and under— provide for the exclusion of any item of expenditure or the making of any other adjustment.
section 7 of the Local Government Act 1966 or section 250 of the Town and Country Planning Act 1971 (grants for development and re-development), or
any other enactment, including any other provision of this Act,
The regulations shall not take into account expenditure or receipts (whether capital or not, and whether incurred or due before 1st April 1971 or later) in connection with land acquired by the authority before 1st April 1965.
Except as mentioned in sub-paragraph (2), the regulations shall not take into account expenditure or receipts incurred or due before 1st April 1971. Where in the period of six years beginning on 1st April 1965 and ending on 31st March 1971 the authority have acquired land for the purposes of their slum clearance functions and continue to hold that land for those purposes until the end of that period, the regulations may take into account the equivalent annual amounts in respect of capital expenditure incurred, or capital receipts becoming due, in that period in connection with that land.
The regulations may—
make different provision for different classes of authorities, or special provision for particular authorities;
contain such transitional and other supplementary or incidental provisions as appear to the Secretary of State to be necessary or expedient.
Nothing in paragraphs 3, 4 or 7 of this Schedule prejudices the generality of the regulation-making power conferred by section 313.
The scheme shall give particulars of all works which, in the opinion of the local housing authority, they would, if a control order were not in force, have required to be carried out under any provision of this Part, or under any other enactment relating to housing or public health, and which, in their opinion, constitute works of capital expenditure. The scheme shall include an estimate of the costs of carrying out the works of which particulars are given in the scheme. The scheme shall specify what, in the opinion of the authority, is the highest number of individuals or households who should live in the house from time to time, having regard to— The scheme shall include an estimate of the balance which will from time to time accrue to the authority after deducting from the rent or other payments received by the authority from persons occupying the house—
References in this Schedule to the surpluses on revenue account as settled by the scheme are to the amount included in the scheme by way of an estimate under paragraph 1(4), subject to any variation of the scheme made by the local housing authority or on an appeal or application to the court. In paragraph 1(4), and elsewhere in this Schedule, “rent or other payments”, in relation to payments received by the local housing authority from persons occupying a house subject to a control order, means rent or other payments so received— In paragraph 1(4), and elsewhere in this Schedule, references to expenditure incurred by the local housing authority in respect of a house subject to a control order include, in a case where the authority— the net cost to the authority in so providing housing accommodation and the sums so defrayed by the authority.
A person having an estate or interest in a house to which a control order relates may, within six weeks from the date on which a management scheme relating to the house was served in accordance with section 386, or such longer period as the local housing authority may in writing allow, appeal to the county court against the scheme. The appeal may be on any of the following grounds— On an appeal the court may, as it thinks fit, confirm or vary the scheme. Proceedings on an appeal against a scheme shall, so far as practicable, be combined with proceedings on any appeal under section 384 against the control order itself; and if on such an appeal the court decides to revoke the control order, the court shall not proceed with any appeal against the scheme.
An account shall be kept by the local housing authority for the period during which the control order is in force showing— and balances shall be struck in the account at half-yearly intervals so as to ascertain the amount of that expenditure which cannot be set off against those surpluses. So far as, at the end of a half-yearly period, the expenditure is not so set off, it shall carry interest, at such reasonable rate as the authority may determine, until it is so set off or until the charge arising under paragraph 16 of this Schedule (recovery of expenditure when control order ceases to have effect) is satisfied. So far as there is a sum out of the surpluses on revenue account not required to meet expenditure incurred by the authority, it shall go to meet interest under sub-paragraph (2).
The local housing authority may at any time vary a scheme in such a way as to increase the amount of the surpluses on revenue account as settled by the scheme for all or any periods, including past periods.
The local housing authority, or a person having an estate or interest in the house, may at any time apply to the county court for a review of the surpluses on revenue account as settled by the scheme. On such an application the court shall take into consideration— The court may on such an application, as it thinks fit, confirm or vary the scheme (but not so as to affect the provisions of the scheme relating to the works), and may vary the surpluses on revenue account as settled by the scheme for all or any period, including past periods.
The compensation payable by the local housing authority to the dispossessed proprietor in pursuance of section 389(1)(a) shall be at an annual rate equal to
in a case where the gross value of the house was shown in the valuation list on the date a control order made before 1st April 1990 came into force, one half of the gross value of the house multiplied by the appropriate multiplier in accordance with paragraphs 8 to 13; and
in any other case, one half of the rental value of the house in accordance with paragraph 13A.
Subject to the following provisions, the gross value of a house for the purposes of this Part of this Schedule is its gross value for rating purposes as shown in the valuation list on the date when the control order comes into force.
If the house forms part only of a hereditament, the gross value of the house is such proportion of the gross value shown in the valuation list for that hereditament as may be agreed in writing between the local housing authority and the person claiming compensation. If any dispute arises under sub-paragraph (1), the authority or the person claiming compensation may by means of a reference in writing submit the dispute for decision by the district valuer.
If the house consists or forms part of more than one hereditament, the gross value shall be ascertained by determining the gross value of each hereditament or part as if it were a separate house and aggregating the gross values so determined.
The gross value of a hereditament whose rateable value is by virtue of subsection (1) of section 19 of the General Rate Act 1967 to be taken to be its net annual value ascertained in accordance with subsections (2) to (4) of that section shall be taken to be its corresponding gross value, that is to say, the gross value which would be equivalent to the net annual value shown in the valuation list if there were deducted any amounts which by virtue of an order made or falling to be treated as made under section 19(2) of the General Rate Act 1967 would be deducted from the gross value of the hereditament if it had been required to be assessed to its gross value instead of its net annual value. If more than one value is so ascertained to be the corresponding gross value, the highest value so ascertained shall be taken.
Where after the date on which the control order comes into force— compensation is payable as if the value shown in the list on the date when the control order came into force had been that shown in the list as altered.
the valuation list is altered so as to vary the gross value (or where paragraph 11 applies the net annual value) of the house or of the hereditament of which the house forms part, and
the alteration has effect from a date before, or from the same date as, the control order came into force,
The appropriate multiplier for the purposes of this Part of this Schedule is that specified by order of the Secretary of State. An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
If different persons are the dispossessed proprietors of different parts of the house, the compensation payable shall be apportioned between them according to the proportions of the gross value , or as the case may be, rental value of the house properly attributable to the parts of the house in which they are respectively interested. If they do not agree on the apportionment they shall refer the matter, in writing, for determination by the district valuer.
The rental value of a house is an amount equal to the rent at which the house might reasonably be expected to let from year to year if the tenant undertook to pay all usual tenant’s rates and taxes and the landlord undertook to bear the cost of the repairs and insurance and the other expenses, if any, necessary to maintain the house in a state to command that rent. The amount referred to in sub-paragraph (1) shall be determined by the local housing authority as at the date on which the control order comes into force; and any dispute arising in respect of that determination shall be referred in writing for decision by the district valuer.
On and after the date on which a control order ceases to have effect— If the dispossessed proprietor is a lessee, nothing in a superior lease imposes liability on him, or on a superior lessee, in respect of anything done in pursuance of the terms of an agreement in which the dispossessed proprietor is substituted for the local housing authority by virtue of this paragraph. This paragraph applies in all circumstances in which a control order ceases to have effect.
When a control order ceases to have effect, a final balance shall be struck in the account mentioned in paragraph 4(1) and the expenditure reasonably incurred by the local housing authority in carrying out works of which particulars were given in the management scheme, together with interest at such reasonable rate as the authority may determine is, so far as not set off against the surpluses on revenue account as settled by the scheme, a charge on the premises. The premises subject to the charge include any part of the premises excluded from the provisions of the order under section 380 (modification of order where proprietor resides in part of the house). The local housing authority have for the purposes of enforcing the charge all the same powers and remedies, under the Law of Property Act 1925 and otherwise, as if they were mortgagees by deed having powers of sale and lease, of accepting surrender of leases and of appointing a receiver. The power of appointing a receiver is exercisable at any time after the expiration of one month from the date when the charge takes effect. References in this paragraph to the provisions of the management scheme include reference to the provisions as varied; and if, when the control order ceases to have effect, proceedings are pending which may result in a variation of the scheme— This paragraph does not apply— but applies in every other case where a control order ceases to have effect (including the case where the order is revoked by a court on appeal from the county court).
The provisions of this paragraph apply where a control order is revoked by the county court on an appeal against the control order. The court shall take into consideration whether the state or condition of the house is such that action ought to be taken by the local housing authority under any other provision of this Part, and shall approve the taking of any of the following steps accordingly, that is— and no appeal lies against a notice or order so approved. If the local housing authority are in the course of carrying out works in the house which, if a control order were not in force, the authority would have power to require some other person to carry out under any provision of this Part or under any other enactment relating to housing or public health, and on the hearing of the appeal the court is satisfied that the carrying out of the works could not be postponed until after the determination of the appeal by the county court because the works were urgently required for the sake of the safety, welfare or health of persons living in the house, or of other persons, the court may suspend the revocation of the control order until the works have been completed. The county court shall fix the date on which the control order is to be revoked without regard to whether an appeal has been or may be brought against the decision of the county court; but that does not prevent the local housing authority from bringing such an appeal. The court may authorise the local housing authority to create under section 381(1)(c) (power to create interests akin to leases) interests which expire, or which the dispossessed proprietor can terminate, within six months from the time when the control order ceases to have effect, being interests which, notwithstanding section 381(2), are for a fixed term exceeding one month or are terminable by notice to quit (or an equivalent notice) of more than four weeks.
If a control order is revoked by the county court on an appeal against the order, the local housing authority shall pay to the dispossessed proprietor the balances, which from time to time accrued to the authority after deducting from the rent or other payments received by the authority from persons occupying the house— If the court is satisfied that the balances which the local housing authority are under sub-paragraph (1) liable to pay to the dispossessed proprietor are unduly low for any reason within the control of the authority, having regard to— the court shall direct that, for the purposes of the authority’s liability to the dispossessed proprietor under this paragraph, the balances under sub-paragraph (1) shall be deemed to be such greater sums as the court may direct. The court shall not under sub-paragraph (2) give a direction which will afford to the dispossessed proprietor a sum greater than what he may, in the opinion of the court, have lost by the making of the control order. If different persons are dispossessed proprietors of different parts of the house, sums payable under this paragraph by the local housing authority shall be apportioned between them in the manner provided by paragraph 14.
The provisions of this paragraph have effect for the purpose of enabling the local housing authority to recover capital expenditure incurred in carrying out works in the house in the period before the control order is revoked on an appeal against the order. On the hearing of the appeal the authority may apply to the court for the approval of those works on the ground that— Expenditure reasonably incurred by the authority in carrying out works so approved— and the premises subject to the charge include any part of the premises which was excluded from the provisions of the order under section 380 (modification of order where proprietor resides in part of the house). The charge takes effect as from the date when the control order is revoked and the expenditure so charged carries interest from that date at such reasonable rate as the authority may determine. The local housing authority have for the purposes of enforcing the charge all the same powers and remedies, under the Law of Property Act 1925 and otherwise, as if they were mortgagees by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver. The power of appointing a receiver is exercisable at any time after the expiration of one month from the date when the charge takes effect.
If on an appeal from a decision of the county court confirming a control order it is determined that the control order should be revoked, but the local housing authority satisfy the court hearing the appeal— the court may suspend the revocation of the control order until the works have been completed. If on the hearing by the county court of an appeal against a control order the appellant indicates— the county court may direct that those works shall not be works of which the cost may be so recovered if they are begun before the time when the further appeal is finally determined and the control order is not confirmed on that appeal.
The provisions of this paragraph apply where a control order is revoked by the county court on an appeal under section 393 (appeal against refusal of local housing authority to revoke order). If the local housing authority represent to the court that revocation of the control order would unreasonably delay completion of works of which particulars were given in the management scheme, and which the authority have begun to carry out the court shall take the representations into account and may, if it thinks fit, revoke the control order as from the time when the works are completed. The court may make an order under which the revocation does not take effect until the time for appealing against the decision of the county court has expired and any appeal brought within that time has been finally determined. The court may approve the taking of any of the following steps, to take effect on the revocation of the control order, that is— and no appeal lies against a notice . . . so approved. Where the house will on the revocation of the control order be charged with any sum in favour of the local housing authority by virtue of any provision of this Schedule, the court may make it a condition of the revocation of the order that the appellant first pays off to the authority that sum or such part of that sum as the court may specify. The court may authorise the local housing authority to create under section 381(1)(c) (power to create interests akin to leases) interests which expire, or which the dispossessed proprietor can terminate, within six months from the time when the control order ceases to have effect, being interests which, notwithstanding section 381(2), are for a fixed term exceeding one month or are terminable by notice to quit (or an equivalent notice of more than four weeks.
The provisions of this Part of this Schedule apply where the local housing authority make a control order with respect to a house and within eight weeks of the making of that order make a compulsory purchase order for the acquisition of the house under Part II of this Act (provision of housing accommodation).
The local housing authority need not prepare or serve a management scheme under section 386 until they are notified by the Secretary of State of his decision to confirm or not to confirm the compulsory purchase order. The time within which copies of the scheme are to be served under section 386 is—
Where the compulsory purchase order is confirmed by the Secretary of State, the control order ceases to have effect—
if the local housing authority enter into a contract to purchase the house, on the date when the contract is made;
if the local housing authority, in pursuance of a notice served under section 11 of the Compulsory Purchase Act 1965, enter and take possession of the house or serve a notice under section 583 of this Act (power to take possession without displacing tenant), on the date when the notice under section 11 is served.
Where a control order ceases to have effect by virtue of paragraph 24, the local housing authority shall pay to the dispossessed proprietor the balance which from time to time accrued to the authority after deducting from the rent or other payments received by them from persons occupying the house— The local housing authority shall give notice to the dispossessed proprietor informing him of the balances which they propose to pay him under this paragraph and of his right to appeal. The dispossessed proprietor may, within 21 days of the service of the notice or such longer period as the local housing authority may in writing allow, appeal to the county court. If on such an appeal the court is of opinion that the balances are unduly low for any reason within the control of the local housing authority, having regard to— the court shall direct that for the purposes of the authority’s liability to the dispossessed proprietor under this paragraph the balances shall be deemed to be such greater amount as the court may direct. The court shall not under sub-paragraph (4) give a direction which will afford to the dispossessed proprietor a sum greater than the amount which, in the opinion of the court, he may have lost by the making of the control order. If different persons are dispossessed proprietors of different parts of the house, sums payable under this paragraph shall be apportioned between them in the manner provided by paragraph 14.
The provisions of this paragraph have effect for the purpose of enabling the local housing authority to recover capital expenditure incurred in carrying out works in the house in the period before the control order ceases to have effect. The local housing authority may, by a notice served on the dispossessed proprietor, specify such works as being works— and such a notice shall inform the dispossessed proprietor of his right to appeal. The dispossessed proprietor may, within 21 days of the service of the notice or such longer period as the local housing authority may in writing allow, appeal to the county court which may confirm, vary or quash the notice. Expenditure reasonably incurred by the local housing authority in carrying out the works specified in a notice under this paragraph (or specified in such a notice as varied on appeal) may be deducted by the authority from the balances which they are liable to pay to the dispossessed proprietor under paragraph 25. So far as that expenditure exceeds those balances, it may, if the house is purchased compulsorily, be deducted from the amount payable as compensation, and accordingly any interest payable on that amount shall be calculated after allowing for the deduction.
For each year a local housing authority who are required to keep a Housing Revenue Account shall carry to the credit of the account amounts equal to the items listed in this Part of this Schedule.
For each year the authority shall debit to the account amounts equal to the items listed in this Part of this Schedule.
The reference in section 417(1) (d) to land acquired for the purposes of Part II includes—
land which a local authority were deemed to have acquired under Part V of the Housing Act 1957 by virtue of section 57(6) of that Act (land acquired for re-development in pursuance of re-development plan) before the repeal of that section on 25th August 1969, and
any structures on such land which were made available to a local authority under section 1 of the Housing (Temporary Accommodation) Act 1944 (prefabs).
The houses and other property within an authority’s Housing Reveneue Account include any property brought within the account before 10th August 1972—
with the consent of a Minister given under section 50(1)(e) of the Housing (Financial Provisions) Act 1958, or
by virtue of section 50(2) of that Act (houses vesting in local authority on default of another person).
For each year the authority shall carry to the credit of the Housing Revenue Account amounts equal to any income, and receipts in the nature of income, arising to the authority for the year from the investment of other use of money representing a sum treated as a capital receipt in pursuance of paragraph 4 of Schedule 10 to the Housing Finance Act 1972 (balance left at 31st March 1972 on abolition of Housing Equalisation Account). In complying with the requirements of this paragraph the authority shall act in accordance with any directions which may be given by the Secretary of State. Any such directions may be varied or revoked by further directions.
References in section 417 (the Housing Revenue Account) or this Schedule to property provided under Part II (provision of housing) do not include property provided on or before 6th February 1919.
Section 417(4) (investment income to be carried to Housing Revenue Account), and item 1 of Part II of this Schedule (loan charges to be debited to the account) apply to money borrowed for the execution of works in respect of which, before 10th August 1972— as they apply to money borrowed for the provision of housing accommodation under Part II.
a Minister made a contribution under section 4(2A) of the Housing (Rural Workers) Act 1926, or
the local authority for the purposes of that Act gave assistance under that Act,
Where, but for the coming into force of the Housing Finance Act 1972, a correction of a Housing Revenue Account for the year 1971-72 or any earlier year would have been effected by entering a credit or debit in the account for the year 1972-73 or any later year, the correction shall be made notwithstanding the provisions of this Act as to the nature of the credits or debits to be entered in the account. Any direction given under section 24 of the Town and Country Planning Act 1959 (adjustment of accounts on appropriation of land) concerning the Housing Revenue Account of a local authority shall apply in relation to the account to be kept under this Act as it would have applied to the account to be kept under the Housing (Financial Provisions) Act 1958.
The authority shall credit to the account an amount equal to the net proceeds for the year derived by the authority from any demolition of— In this paragraph “net proceeds” means the sums realised by the authority by the disposal of materials derived from the demolished building or structure, after deducting the cost of the demolition and any cost incurred in reinstating the site of the building or structure.
Where benefits or amenities arising from the exercise of a local housing authority’s functions under Part II (provision of housing) and provided for the persons housed by the authority are shared by the community as a whole, the authority shall make such contributions from their general rate fund to their Housing Revenue Account as, in their opinion and having regard to the amounts of the contributions and the period over which they are made, will properly reflect the community’s share of the benefits or amenities. Where it appears to the Secretary of State that an authority have failed to comply with sub-paragraph (1), either generally or in a particular case, he may give them such directions as appear to him appropriate to ensure compliance. The direction may contain particulars as to the amounts of the contributions and the years for which they are to be made. Before giving a direction the Secretary of State shall consult with the authority.
The Secretary of State in giving his consent under any enactment for the disposal at less than market value of land within the account may impose a condition requiring the authority to make a contribution from their general rate fund for such years and of such amount, or of any amount calculated in such manner, as he may determine.
There shall be credited to the account any contribution made under section 34(1) of the Social Security and Housing Benefits Act 1982 (housing benefits: contribution from general rate fund representing excess of rent rebates over subsidy).
If for any year a deficit is shown in the account, the authority shall carry to the credit of the account a contribution from their general rate fund of an amount equal to the deficit. The authority may also carry to the credit of the account, in addition to any amount required by sub-paragraph (1), such further amounts, if any, as they may think fit.
An authority who keep a Housing Revenue Account may from time to time carry to the credit of their general rate fund the whole or part of any balance in the account. Subject to sub-paragraph (1), if at the end of a year a credit balance is shown in an authority’s Housing Revenue Account it shall be carried forward and credited to the account for the next following year.
In this Schedule “loan charges”— Where money borrowed by a local authority for different purposes is carried to a common fund or account, the loan charges in respect of money borrowed for any one of those purposes shall be ascertained by reference to the accounting practice of the authority and the manner in which loan charges are ascertained for the purposes of their internal accounting. Sub-paragraph (2) has effect subject to any direction under section 420 (directions by Secretary of State to secure proper accounting).
Any requirement of this Schedule as to the crediting or debiting of an amount to the Housing Revenue Account may be met by taking in the first instance an estimate of the amount and making adjustments in the account for a later year when the amount is more accurately known or is finally ascertained.
Where land is appropriated by a local housing authority for the purposes of Part II (provision of housing), or on the discontinuance of use for those purposes, such adjustment shall be made in the accounts of the authority as the Secretary of State may direct. A direction may be either a general direction or a direction for a particular case and may be varied or revoked by a further direction. Where this paragraph applies section 24 of the Town and Country Planning Act 1959 (which also relates to the adjustment of accounts on the appropriation of land) does not apply.
A local housing authority, and any officer or employee of a local housing authority concerned with their housing functions, shall supply the Secretary of State with such information as he may specify, either generally or in any particular case, for the purpose of enabling the Secretary of State to ascertain the state of the authority’s Housing Revenue Account for any year. A local housing authority shall supply the Secretary of State with such certificates supporting the information required by him as he may specify.
Where the Secretary of State is satisfied, on the application of a local housing authority, that any of the provisions of this Part relating to the Housing Revenue Account are inappropriate for any housing accommodation or other property provided by the authority under Part II, he may direct that all or any of those provisions shall not apply to that property, or shall apply subject to such modifications as are specified in the direction. The Secretary of State may direct that the provisions of this Part relating to the Housing Revenue Account shall apply to a local authority subject to such modifications as are specified in the direction. A direction may be a general direction or a direction for a particular case, and may be given for such period and subject to such conditions as may be specified in the direction. A direction may be varied or revoked by a further direction.
Where houses and other property within the account have been transferred from one authority to another under section 23(3) of the London Government Act 1963 (orders transferring land held by London borough council or Common Council of City of London), the Secretary of State may by order direct, for any of the purposes of this Part— The order may be made to apply to a description of local authorities specified in the order or to a specified local authority, and may make different provision in respect of different years or for different purposes in relation to the same year. An order under this paragraph may amend an order made under section 23(3) of the London Government Act 1963 and may provide that one authority shall pay to another in respect of houses and property to which it relates such amounts calculated by such methods and in respect of such items and such years as appear to the Secretary of State to be appropriate. An order under this paragraph— Before making an order the Secretary of State shall consult such associations of local authorities as appear to him to be concerned and with any local authority with whom consultation appears to be desirable.
Where a contribution under section 259 (contributions by Secretary of State towards expenditure on general improvement area) has been paid towards expenditure incurred by a local housing authority in relation to land held by them for the purposes of Part II (provision of housing), neither the expenditure nor the contribution shall be carried to the Housing Revenue Account except with the consent of the Secretary of State.
Section 432.
The Housing (Rural Workers) Acts 1926 to 1942, and any enactment so far as it relates to the rate of interest payable on a loan under those Acts, continue to have effect in relation to a loan made under section 2 of the Housing (Rural Workers) Act 1926 before 10th August 1972.
Annual grants shall, notwithstanding the abolition of exchequer contributions by paragraph 6(1) of Schedule 18 to the Housing Act 1996, continue to be payable by local housing authorities in respect of agricultural housing provided in pursuance of arrangements made under section 46 of the Housing (Financial Provisions) Act 1958. Subject to the provisions of this Part of this Schedule, such annual grants are payable, in respect of any house as to which the Secretary of State originally undertook to make annual contributions under section 46 of the Housing (Financial Provisions) Act 1958, for the remainder of the 40 year period for which that undertaking was given. The amount paid by way of annual grant to the owner of a house shall not be less than the amount of the last annual contribution paid by the Secretary of State in respect of the house.
It is a condition of the payment of a grant in respect of a house in any year that throughout the year the house— and that in the opinion of the local housing authority all reasonable steps have been taken to secure the maintenance of the house in a proper state of repair during the year.
In the case of a house completed on or after 18th April 1946 the payment of a grant for any year during which the house is at any time occupied by a member of the agricultural population in pursuance of a contract of service and otherwise than as a tenant is also subject to the following condition. The condition is that if the contract of service is terminated— the employer or his personal representatives will permit the employee (or, in the case of his death, any person residing with him at his death) to continue to occupy the house free of charge from the determination of the contract until the expiration of a period of four weeks beginning with the date on which the notice is given, or, if the contract is determined otherwise than by notice, with the date on which it is determined.
A grant shall not be made or shall be reduced, as the local housing authority think fit, if (before the grant is paid) the local housing authority are of the opinion that during the whole or the greater part of the period to which the payment of the grant is referable the house has not been available as a dwelling fit for habitation, unless the authority is satisfied that that could not with reasonable diligence have been achieved.
Where a house which has been provided under arrangements under section 46 of the Housing (Financial Provisions) Act 1958 becomes vested in the local housing authority making the arrangements, no further sums are payable by . . . the authority in respect of the house under this Part of this Schedule.
Subject to sub-paragraph (2), contributions by the Secretary of State to a local authority remain payable— No contribution is payable under this paragraph in respect of a dwelling within a local housing authority’s Housing Revenue Account or a new town corporation’s housing account. The contributions are payable at such times and in such manner as the Treasury may direct, and subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose. The amount or duration of any contribution payable under this paragraph to which section 25(2) of the Housing (Financial Provisions) Act 1958 applied immediately before the commencement of this Act (payments arising out of the exercise of housing powers by county councils) may be reduced by the the Secretary of State at his discretion.
Contributions by the Secretary of State to a housing authority remain payable under section 18 or 19 of the Housing Act 1969 (improvement contributions or standard contributions payable over a period of 20 years for dwellings converted or improved by the authority) in pursuance of applications approved before 2nd December 1974. The contributions are payable at such times and in such manner as the Treasury may direct, and subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose. No contribution is payable under this paragraph in respect of a dwelling within a local housing authority’s Housing Revenue Account or a new town corporation’s housing account. The amount or duration of any contribution payable under this paragraph to which section 25(2) of the Housing (Financial Provisions) Act 1958 Act applied immediately before the commencement of this Act (payments arising out of the exercise of housing powers by county councils) may be reduced by the Secretary of State at his discretion.
Subject to sub-paragraph (2), contributions by the Secretary of State to a housing authority remain payable under section 79 of the Housing Act 1974 (improvement contributions payable over a period of 20 years) in pursuance of applications approved before 8th August 1980. No contribution is payable under this paragraph in respect of dwellings within a local housing authority’s Housing Revenue Account or a new town corporation’s housing account. The contributions are payable subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.
A local authority may make an offer in writing to the person who is for the time being the owner of a house as respects which annual grant is payable under this Part of this Schedule to pay a lump sum in lieu of— An owner may accept an offer made under this paragraph by notice in writing to the local housing authority. Subject to sub-paragraph (4) below, where such an offer is accepted the local housing authority shall pay to the owner a lump sum calculated in such manner as the authority may determine. A lump sum shall not be paid as respects a house unless the local housing authority are satisfied that the conditions in this Part of this Schedule have been observed throughout the year preceding the date on which the lump sum would otherwise be paid. On payment of a lump sum under this paragraph to the owner of a house—
Transitional town development subsidy is payable each year, subject to the following provisions of this Part of this Schedule, to a sending authority to whom town development subsidy under section 9 of the Housing Finance Act 1972 was payable for the year 1974-75; and the amount of the subsidy, subject to the following provisions of this Schedule, is the amount of town development subsidy payable to the authority for the year 1974-75. The subsidy is payable for the credit of the sending authority’s general rate fund.
The subsidy is payable by the Secretary of State at such times and in such manner as the Treasury may direct, and subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose. The payment of subsidy is subject to the making of a claim for it in such form and containing such particulars as the Secretary of State may from time to time determine. The amount of the subsidy for any year shall be calculated to the nearest pound, by disregarding an odd amount of £0·50, or less, and by treating an odd amount exceeding £0·50 as a whole pound. A direction or determination under this paragraph may contain supplementary or incidental provisions and may be made to apply to a specified description of authorities or to a specified authority.
The Secretary of State may reduce or discontinue a sending authority’s transitional town development subsidy if a dwelling in respect of which it is payable— The Secretary of State may from time to time determine for the purposes of sub-paragraph (1)— and the power conferred by paragraph (b) above also includes power to determine what constitutes letting as a dwelling. A determination under this paragraph may contain supplementary or incidental provisions and may be made to apply to a specified description of authorities or dwellings or to a specified authority.
Where transitional town development subsidy is payable, the sending authority shall for each year pay to the receiving authority four times the amount of the sending authority’s transitional town development subsidy attributable to dwellings of the receiving authority which are available in that year for tenants from the sending authority. The payments are for the credit of the receiving authority’s general rate fund.
The Secretary of State may, with the agreement of the sending authority and the receiving authority, determine— In making a determination the Secretary of State shall make such allowance, if any, as appears to him appropriate for circumstances in which, if there were no commutation, his power under paragraph 3 to reduce or discontinue the sending authority’s transitional town development subsidy might be exercised.
In this part of this Schedule “receiving authority” means the council of a receiving district within the meaning of the Town Development Act 1952.
In this part of this Schedule “receiving authority” means the council of a receiving district within the meaning of the Town Development Act 1952.
Section 438.
The rate of interest shall be whichever is for the time being the higher of— The rate shall be capable of being varied by the local authority whenever a change in either or both of those rates requires it; and the amount of the periodic payments shall be capable of being changed accordingly.
The standard national rate is the rate for the time being declared as such by the Secretary of State after taking into account interest rates charged by building societies in the United Kingdom and any movement in those rates.
A local authority shall for every period of six months declare, on a date falling within the month immediately preceding that period—
a rate applicable to the advances and transfers mentioned in section 438(1)(a) and (c) (advances under section 435 and transfers of mortgages under section 442), and
a rate applicable to sums left outstanding as mentioned in section 438(1)(b) (sums left outstanding on disposal of house).
The rate declared under paragraph 3(a) or (b) shall be a rate calculated in such manner as the Secretary of State may determine. A determination under this paragraph— As soon as practicable after making a determination under this paragraph, the Secretary of State shall send a copy of the determination to the local authority or authorities to which it relates.
Where on a change of the standard national rate or the applicable local average rate a rate of interest is capable of being varied, the local authority shall vary it. The authority shall serve on the person liable to pay the interest notice in writing of the variation not later than two months after the change. The variation shall take effect with the first payment of interest due after a date specified in the notice, which—
On a variation of the rate of interest, the local authority may make a corresponding variation of the periodic payments. The authority shall do so if the period over which the repayment of principal is to be made would otherwise be reduced below the period fixed when the mortgage was effected. The variation shall be notified and take effect together with the variation of the rate of interest.
The Secretary of State may by notice in writing to a local authority direct it to treat a rate specified in the notice as being the higher of the two rates mentioned in paragraph 1, either for a period specified in the notice or until further notice; and the preceding provisions of this Schedule have effect accordingly. A direction so given may be varied or withdrawn by a further notice in writing.
Section 452.
The authority may, if the county court gives it leave to do so, by deed vest the house in itself— but subject to all estates, interests and rights which have priority to the mortgage. Where application for leave under this paragraph is made to the county court, the court may adjourn the proceedings or postpone the date for the execution of the authority’s deed for such period as the court thinks reasonable. An adjournment or postponement may be made subject to such conditions with regard to payment by the mortgagor of any sum secured by the mortgage or the remedy of any default as the court thinks fit; and the court may from time to time vary or revoke any such conditions.
On the vesting of the house the authority’s mortgage term or charge by way of legal mortgage, and any subsequent mortgage term or charge, shall merge or be extinguished as respects the house. Where the house is registered under the Land Registration Act 2002, the Chief Land Registrar shall, on application being made to him by the authority, register the authority as the proprietor of the house free from all estates, interests and rights to which its mortgage had priority, and he shall not be concerned to inquire whether any of the requirements of this Schedule were complied with. Where the authority conveys the house, or part of it, to a person— A house which is vested under this Schedule in a local housing authority shall be treated as acquired under Part II (provision of housing).
Where the authority has vested the house in itself under paragraph 1, it shall appropriate a fund equal to the aggregate of— The value of the house at the time of the vesting shall be taken to be the price which, at that time, the interest vested in the authority would realise if sold on the open market by a willing vendor on the assumption that any prior incumbrances to which the vesting is not made subject would be discharged by the vendor. The fund shall be applied in the following order— and any residue then remaining in the fund shall be paid to the person entitled to the mortgaged house, or who would have been entitled to give receipts for the proceeds of sale of the house if it had been sold in the exercise of the power of sale. Section 107(1) of the Law of Property Act 1925 (mortgagee’s written receipt sufficient discharge for money arising under power of sale) applies to money payable under this Schedule as it applies to money arising under the power of sale conferred by that Act.
for “house” substitute “ property ”;
for paragraph (a) of paragraph 3 (1) (value of house) substitute—
omit paragraph (d) of paragraph 3(3) (which relates to repayment of discount and similar matters).
Section 456.
The advance shall be repaid with interest within such period not exceeding 30 years as may be agreed upon. The rate of interest is per cent, in excess of the rate of interest which, one month before the date on which the terms of the advance were settled, was the rate fixed by the Treasury in respect of loans to local authorities for the purposes of Part V of the Housing Act 1957 (provision of housing), as follows— The repayment may be made either by equal instalments of principal or by an annuity of principal and interest combined; and all payments on account of principal or interest shall be made either weekly or at such other periods not exceeding half a year as may be agreed. The proprietor of a house in respect of which an advance has been made may at any of the usual quarter days, after one month’s written notice, and on paying all sums due on account of interest, repay to the local authority— and where the repayment is made by an annuity of principal and interest combined, the amount so outstanding, and the amount by which the annuity will be reduced where a part of the advance is paid off, shall be determined by a table annexed to the instrument securing the repayment of the advance.
The house of which the ownership was acquired by means of the advance shall be held subject to the following conditions (in this Schedule referred to as “the statutory conditions”):— The statutory condition as to residence has effect for a period of three years from the date when the advance is made, or from the date on which the house is completed, whichever is the later. The other statutory conditions have effect until the advance has been fully repaid, with interest, or the local authority have taken possession or ordered a sale under this Schedule.
The statutory condition as to residence may at any time be dispensed with by the local authority. The local authority may allow a proprietor to permit, by letting or otherwise, a house to be occupied as a furnished house by some other person— and the statutory condition as to residence is suspended while the permission continues. Where the proprietor of a house subject to the statutory conditions dies, the condition requiring residence is suspended until th expiration of twelve months from the death, or any earlier date at which the personal representatives transfer the ownership or interest of the proprietor in the course of administration. Where the proprietor of any such house becomes bankrupt, or his estate falls to be administered in accordance with an order under section 421 of the Insolvency Act 1986, and in either case an arrangement under this Schedule is made with the trustee in bankruptcy, the local authority may, if they think fit, suspend the condition as to residence during the continuance of the arrangement. Where an advance has been made in pursuance of section 7(1) of the Small Dwellings Acquisition Act 1899 (power to make advance on strength of undertaking to begin residence), the statutory condition requiring residence is suspended during the period allowed before residence must be begun.
The proprietor of the house of which the ownership was acquired by means of the advance is personally liable for the repayment of any sum due in respect of the advance until he ceases to be proprietor by reason of a transfer made in accordance with this paragraph. The proprietor of the house may with the permission of the local authority (which shall not be unreasonably withheld) at any time transfer his interest in the house, but any such transfer shall be made subject to the statutory conditions. The provisions of sub-paragraph (2) requiring the consent of the local authority to the transfer of the proprietor’s interest in the house do not apply to a charge on that interest made by the proprietor, so far as the charge does not affect any rights or powers of the local authority under this Schedule.
Where default is made in complying with the statutory condition as to residence, the local authority may take possession of the house, and where default is made in complying with any of the other statutory conditions, whether the statutory condition as to residence has or has not been complied with, the local authority may either take possession of the house or order the sale of the house without taking possession. In the case of the breach of any condition other than that of punctual payment of the principal and interest of the advance, the authority shall, previously to taking possession or ordering a sale, by notice in writing delivered at the house and addressed to the proprietor, call on the proprietor to comply with the condition, and if the proprietor— the authority shall not take possession or, as the case may be, order a sale. In the case of the bankruptcy of the proprietor of the house, or in the case of a deceased proprietor’s estate falling to be administered in accordance with an order under section 421 of the Insolvency Act 1986, the local authority may either take possession of the house or order the sale of the house without taking possession, and shall do so except in pursuance of some arrangement to the contrary with the trustee in bankruptcy.
Where a local authority take possession of a house, all the estate, right, interest and claim of the proprietor in or to the house shall vest in and become the property of the local authority, and the authority may either retain the house under their own management or sell or otherwise dispose of it as they think expedient. Where a local authority take possession of a house, they shall pay to the proprietor either— and that value, in the absence of a sale and in default of agreement, shall be settled by a county court judge as arbitrator or, if the Lord Chancellor so authorises, by a single arbitrator appointed by the county court judge, . . . shall apply to any such arbitration. The sum so payable to the proprietor if not paid within three months after the date of taking possession shall carry interest at the rate of three per cent. per annum from the date of taking possession. All costs of or incidental to the taking possession, sale or other disposal of the house (including the costs of the arbitration, if any) incurred by the local authority, before the amount payable to the proprietor has been settled either by agreement or arbitration, shall be deducted from the amount otherwise payable to the proprietor. Where the local authority are entitled under this Schedule to take possession of a house, possession may be recovered in the county court whatever the annual value of the house for rating.
Where a local authority order the sale of a house without taking possession, they shall cause it to be put up for sale by auction and shall retain out of the proceeds of sale— and shall pay over the balance (if any) to the proprietor. If the local authority are unable at the auction to sell the house for such a sum as will allow of the payment out of the proceeds of sale of the interest and principal of the advance then due to the authority, and the costs, charges and expenses referred to above, they may take possession of the house in manner provided by this Schedule, but shall not be liable to pay any sum to the proprietor.
A local authority shall keep at their offices a book containing a list of the advances made by them containing— The authority shall enter in the book with regard to each advance— The book shall be open to inspection at the office of the local authority during office hours free of charge. Separate accounts shall be kept by every local authority of their receipts and expenditure in relation to advances to which this Schedule applies.
A person shall not be treated for the purposes of this Schedule as resident in a house unless he is both the occupier of and resident in the house. In this Schedule “ownership” means such interest, or combination of interests, in a house as, together with the interest of the purchaser of the ownership, will constitute either— Where the ownership of a house is acquired by means of an advance to which this Schedule applies, the purchase of the ownership or, in the case of any devolution or transfer, the person in whom the interest of the purchaser is for the time being vested, is the proprietor of the house for the purposes of this Schedule.
For the purposes of this Schedule an advance shall be deemed to have been made on the date on which the instrument securing the repayment of the advance was executed.
Section 524.
Contributions remain payable by the Secretary of State under section 36 of the Housing (Financial Provisions) Act 1958 1958 (contributions over a period of 20 years towards certain grants under Part II of that Act, Part II of the House Purchase and Housing Act 1959 or Part III of the Housing Act 1964) in pursuance of applications made before 25th August 1969. The contributions are payable at such times and in such manner as the Treasury may direct and subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.
Contributions remain payable by the Secretary of State under section 16 of the Housing Act 1969 (contributions over a period of 20 years towards grants paid under Part I of that Act) in pursuance of applications made before 12th December 1974. The contributions are payable at such times and in such manner as the Treasury may direct, and subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.
Section 547.
In this Schedule “the interest to be acquired” means the interest of the person entitled to assistance by way of repurchase, so far as subsisting in—
he defective dwelling, and
any garage, outhouse, garden, yard and appurtenances occupied and used for the purposes of the dwelling or a part of it.
A person who is entitled to assistance by way of repurchase, may, within the period of three months beginning with the service of the notice of determination, or that period as extended, request the purchasing authority in writing to notify him of the proposed terms and conditions for their acquisition of the interest to be acquired. The authority shall, if there are reasonable grounds for doing so, by notice in writing served on the person so entitled, extend, or further extend, the period within which he may make a request under this paragraph (whether or not the period has expired).
The purchasing authority shall, within the period of three months beginning with the making of a request under paragraph 2, serve on the person so entitled a notice in writing specifying the proposed terms and conditions and stating—
their opinion as to the value of the interest to be acquired, and
the effect of the following provisions of this Part of this Schedule.
Subject to the provisions of Part II of this Schedule (price payable and valuation), an agreement for the acquisition by the purchasing authority of the interest to be acquired shall contain such provisions as the parties agree or, in default of agreement, are determined in accordance with this Part of this Act to be reasonable.
The authority shall, within three months of all the provisions to be included in the agreement being agreed or determined—
draw up for execution by the parties an agreement embodying those provisions, and
serve a copy of the agreement on the person entitled to assistance.
The person entitled to assistance may, at any time within the period of six months beginning with the service of the copy of the agreement, or within that period as extended, notify the authority in writing that he requires them to enter into an agreement embodying those provisions and the authority shall comply with the requirement. The authority shall, if there are reasonable grounds for doing so, by notice in writing served on the person so entitled extend, or further extend, the period within which a notice under this paragraph may be given (whether or not the period has expired).
The price payable for the acquisition of an interest in pursuance of this Part of this Act is 95 per cent. of the value of the interest at the relevant time. In this Schedule “the relevant time” means the time at which the notice under paragraph 3 above (authority’s notice of proposed terms of acquisition) is served on the person entitled to assistance.
For the purposes of this Schedule, the value of an interest at the relevant time is the amount which, at that time, would be realised by a disposal of the interest on the open market by a willing seller to a person other than the purchasing authority on the following assumptions— Where the value of an interest falls to be considered at a time later than the relevant time and there has been since the relevant time a material change in the circumstances affecting the value of the interest, the value at the relevant time shall be determined on the further assumption that the change had occurred before the relevant time. In determining the value of an interest no account shall be taken of any right to the grant of a tenancy under section 554 (former owner-occupier) or section 555 (former statutory tenant).
Any question arising under this Schedule as to the value of an interest in a defective dwelling shall be determined by the district valuer in accordance with this paragraph. The person entitled to assistance or the purchasing authority may require that value to be determined or redetermined by notice in writing served on the district valuer— A person serving notice on the district valuer under this paragraph shall serve notice in writing of that fact on the other party. Before making a determination in pursuance of this paragraph, the district valuer shall consider any representation made to him, within four weeks of the service of the notice under this paragraph, by the person entitled to assistance or the purchasing authority.
Where the value of an interest is determined, or redetermined, in pursuance of a notice served under paragraph 9(2)(b) (notice given after service of draft agreement)—
the purchasing authority shall comply again with paragraph 5 (service of draft agreement within three months of terms being settled), and
paragraph 6 (notice to enter into agreement) shall apply in relation to that agreement instead of the earlier one.
In this Part of this Schedule “the agreement” means the agreement entered into in pursuance of Parts I and II of this Schedule, and— In this Part of this Schedule—
The conveyance is effective— without the persons entitled to or interested in such a charge, order or term of years becoming parties to or executing the conveyance. The effect of this paragraph is restricted to discharging the interest acquired from the charge and does not affect personal liabilities. This paragraph does not prevent a person from joining in the conveyance for the purpose of discharging the interest acquired from a charge. The operation of this paragraph is subject to paragraph 14 (effect of failure to apply purchase price in or towards satisfaction of charge).
The authority shall apply the purchase price in the first instance in or towards the redemption of any relevant charge securing the payment of money (if there is more than one, then according to their priorities), subject to the provisions of this paragraph. For the purposes of this paragraph— This paragraph does not apply to— and the authority shall disregard such charges in performing their duty under this paragraph.
If the authority do not apply an amount which under paragraph 13 they are required to apply in or towards the redemption of a charge (and do not pay that amount into court in accordance with paragraph 15), the charge is not discharged by virtue of paragraph 12 and the interest acquired remains subject to the charge as security for that amount.
Where a person is or may be entitled by virtue of paragraph 13 to receive, in respect of a relevant charge, the whole or part of the purchase price and— the authority may pay into court on account of the purchase price the amount, if known, of the payment to be made in respect of the charge or, if the amount is not known, the whole of the purchase price, or such lesser amount as the authority think right in order to provide for that payment. The reasons referred to in sub-paragraph (1)(b) are—
The authority shall pay the purchase price into court if, before the execution of the conveyance, written notice is given to them— Where a payment into court is made by reason only of a notice under this paragraph and the notice is given with reference to proceedings in a specified court (other than the county court), payment shall be made into that court.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For the purposes of registration of title to the land acquired by the authority— but if, as a result, he has to meet a claim against him under the Land Registration Act 2002, the authority shall indemnify him. A certificate under sub-paragraph (2) shall be in a form approved by the Chief Land Registrar and shall be signed by such officer of the authority, or such other person, as may be approved by the Chief Land Registrar.
If the authority are a local housing authority, the interest acquired by them shall be treated as acquired by them under section 17 (acquisition of land for purposes of Part II (provision of housing)).
Where the interest acquired is or includes a dwelling in relation to which an improvement grant, intermediate grant, special grant or repairs grant has been paid under Part XV— In this paragraph “dwelling” and “owner” have the same meaning as in Part XV.
The conveyance has effect under section 2(1) of the Law of Property Act 1925 (conveyances overreaching certain equitable interests and powers) to overreach any incumbrance capable of being overreached under that section—
as if the requirements to which that section refers as to the payment of capital money allowed any part of the purchase price paid under paragraph 13, 15 or 16 (payment in satisfaction of charge or into court) to be so paid, and
where the interest conveyed is settled land, as if the conveyance were made under the powers of the Settled Land Act 1925.
Section 566.
This Schedule applies in relation to a defective dwelling where the building that the dwelling consists of or includes falls within two or more designations under section 528 (designation by Secretary of State) or 559 (designation under local scheme).
Where a person is already eligible for assistance in respect of a defective dwelling at a time when another designation comes into operation, the later designation shall be disregarded if—
he would not be eligible for assistance in respect of the dwelling by virtue of that designation, or
he is by virtue of an earlier designation entitled to assistance by way of repurchase in respect of the dwelling.
Where a person is eligible for assistance in respect of a defective dwelling and there are two or more applicable designations, this Part has effect in relation to the dwelling as if—
references to the designation were to any applicable designation;
references to the provision by virtue of which it is a defective dwelling were to any provision under which an applicable designation was made;
references to the qualifying defect were to any qualifying defect described in an applicable designation;
references to the period within which persons may seek assistance under this Part were to any period specifed for that purpose in any applicable designation; and
the reference in section 543(1)(c) (amount of reinstatement grant) to the maximum amount permitted to be taken into account for the purposes of that section were to the aggregate of the maximum amounts for each applicable designation.
The following provisions of this Schedule apply where—
notice has been given to a person under section 536 (determination of eligibility) stating that he is in the opinion of the local housing authority eligible for assistance in respect of a defective dwelling, and
after the notice has been given another designation comes into operation designating a class within which the building that consists of or includes the dwelling falls.
The local housing authority shall, as soon as reasonably practicable, give him notice in writing stating whether in their opinion the new designation falls to be disregarded in accordance with paragraph 2. If in their opinion it is to be disregarded the notice shall state the reasons for their view.
This paragraph applies where it appears to the authority that the new designation does not fall to be disregarded. They shall forthwith give him notice in writing— They shall as soon as reasonably practicable— and where the determination is that he is entitled to assistance by way of repurchase, the notice shall state the effect of paragraph 7 (cases where reinstatement work already begun or contracted for).
This paragraph applies where a person entitled to assistance by way of reinstatement grant is given a further notice of entitlement under paragraph 6 stating that he is entitled to assistance by way of repurchase; and “the reinstatement work” means the work stated in the previous notice or in a notice under section 544 (change of work required). Where in such a case— the previous notice (and any notice under section 544 (change of work required)) continues to have effect for the purposes of reinstatement grant in relation to the reinstatement work or, in a case within paragraph (b), such of that work as has been carried out as mentioned in that paragraph, and the authority shall pay reinstatement grant accordingly. Where in a case within sub-paragraph (2) the reinstatement work is not completed but part of the work is carried out to the satisfaction of the appropriate authority within the period stated in the notice in question—
Section 579.
This Schedule applies to compulsory purchase orders under section 290 (acquisition of land comprised in, surrounded by or adjoining a clearance area).
The order shall be in the prescribed form, shall describe by reference to a map the land to which it applies and shall show in the prescribed manner—
what parts, if any, of the land to be purchased compulsorily are outside the clearance area, and
what buildings, if any, to be purchased compulsorily are included in the clearance area only on the ground that they are by reason of their bad arrangement in relation to other buildings, or the narrowness or bad arrangement of the streets, dangerous or injurious to the health of the inhabitants of the area.
Before submitting the order to the Secretary of State the local housing authority shall comply with the following requirements. They shall publish in one or more newspapers circulating in their district a notice in the prescribed form stating the fact of such an order having been made, describing the area comprised in it, and naming a place where a copy of the order and of the map referred to in it may be seen at all reasonable hours. They shall serve on— a notice in the prescribed form stating the effect of the order and that it is about to be submitted to the Secretary of State for confirmation and specifying the time within and the manner in which objections to it can be made. A notice which under sub-paragraph (3) is to be served on an owner, lessee or occupier may be served by addressing it to him by the description of “owner” or “lessee” or “occupier” of the land (describing it) to which it relates and delivering it to some person on the premises or, if there is no person on the premises to whom it may be delivered, by fixing it, or a copy of it, to some conspicuous part of the premises.
If an objection duly made by a person on whom a notice is required to be served under paragraph 3 is not withdrawn, the Secretary of State shall before confirming the order either— and shall consider any objection not withdrawn and the report of the person who held the inquiry or was so appointed. Where an objection not withdrawn has been made on the ground that a building included in the order is not unfit for human habitation, the local housing authority shall, at least 28 days before the date of the inquiry or hearing— A person who objects to the order on the grounds that a building included in the order (being a building in which he is interested) is not unfit for human habitation and who appears at the public local inquiry or hearing in support of his objection shall, if the building is included in the order as confirmed as being unfit for human habitation, be entitled, on making a request in writing, to be furnished by the Secretary of State with a statement in writing of his reasons for deciding that the building is so unfit. Notwithstanding anything in the foregoing provisions of this paragraph, the Secretary of State may require a person who has made an objection to s" tate in writing the grounds of his objection and may disregard the objection for the purposes of this paragraph if he is satisfied that it relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed.
The Secretary of State may confirm the order, with or without modification— His power to confirm the order with modifications is not exercisable so as to authorise the local housing authority— If the Secretary of State is of opinion that land included by the local housing authority in the clearance area should not have been so included, he shall in confirming the order modify it so as to exclude the land for all purposes from the clearance area; but if in such a case he is of opinion that the land might properly be purchased by the authority under section 290(2) (land surrounded by or adjoining clearance area), he shall further modify the order so as to authorise them to purchase the land under that provision. The Secretary of State may confirm notwithstanding that the effect of the modifications made by him in excluding a building from a clearance area is to sever the area into two or more separate and distinct areas; and in such a case the provisions of this Act relating to the effect of the order when confirmed and to the proceedings to be taken subsequent to its confirmation apply to those areas as one clearance area.
So soon as may be after the order has been confirmed by the Secretary of State, the local housing authority shall—
publish in a newspaper circulating in their district a notice in the prescribed form stating that the order has been confirmed and naming a place where a copy of the order as confirmed and of the map referred to in the order may be seen at all reasonable hours, and
serve a like notice on every person who, having given notice to the Secretary of State of his objection to the order, appeared at the public local inquiry or before the appointed person in support of his objection.
If a person aggrieved by the order desires to question its validity on the ground— he may within six weeks after publication of the notice of confirmation of the order make an application for the purpose to the High Court. Where such an application is duly made, the court may by interim order suspend the operation of the order, either generally or in so far as it affects property of the applicant, until the final determination of the proceedings. If on the hearing of the application the court is satisfied— the court may quash the order, either generally or in so far as it affects property of the applicant. No appeal lies to the House of Lords from a decision of the Court of Appeal in proceedings under this paragraph except by leave of the Court of Appeal. Subject to the provisions of this paragraph, the order shall not be questioned in any legal proceedings whatsoever, either before or after the order is confirmed.
Subject to the provisions of paragraph 7, the order becomes operative at the expiration of six weeks from the date on which notice of confirmation of the order is published in accordance with paragraph 6. So soon as may be after the order has become operative the local housing authority shall serve a copy of the notice on every person on whom a notice was served by them under paragraph 3 of their intention to submit the order to the Secretary of State for confirmation.
The Secretary of State may make such order as he thinks fit in favour of an owner of lands included in the compulsory purchase order for the allowance of reasonable expenses properly incurred by the owner in opposing the order. The following shall be deemed to be expenses of the local housing authority under this Part— and shall be paid to that person and to the Secretary of State in such manner and at such times, either in one sum or by instalments, as the Secretary of State may order. The Secretary of State may order interest to be paid, at such rate not exceeding 5 per cent. per annum as he thinks fit, upon any sum for the time being due in respect of expenses under sub-paragraph (2). An order made by the Secretary of State in pursuance of this paragraph may be made a rule of the High Court, and be enforced accordingly.
Section 586.
Where a house— a person may represent to the local housing authority that the house in question has been well maintained and that the good maintenance of the house is attributable wholly or partly to work carried out by him or at his expense. The representation must be made within three months of the service by the local housing authority of a copy of the order or, as the case may be, of the date of the undertaking. If the authority are satisfied that the representation is correct, they shall make to the person by whom the representation was made such payment, if any, as is authorised by the following provisions of this Schedule; and if they are not so satisfied they shall serve on him notice that no such payment falls to be made. In reaching that decision the authority shall leave out of account any defects in the house in respect of the matters listed in section 604 (standard of fitness for human habitation) other than repair. A person aggrieved by a notice under sub-paragraph (3) may, within 21 days after the date of the service of the notice, appeal to the county court and on the appeal the court may make such order confirming, quashing or varying the notice as it thinks fit. If the persons who would be entitled to appear and be heard on such an appeal so agree in writing, any matter which might have been the subject of an appeal shall instead be submitted to arbitration.
Where a house is purchased compulsorily under— section 192 (unfit house subject to repair notice found to be beyond repair), or section 300 (purchase of condemned house for temporary housing use), a person may represent to the local housing authority that the house in question has been well maintained and that the good maintenance of the house is attributable wholly or partly to work carried out by him or at his expense. The representation must be made within three months of the service by the local housing authority of— If the authority are satisfied that the representation is correct, they shall make to the person by whom the representation was made such payment, if any, as is authorised by the following provisions of this Schedule; and if they are not so satisfied, they shall serve on him notice that no such payment falls to be made. In reaching that decision the authority shall leave out of account any defects in the house in respect of the matters listed in section 604 (standard of fitness for human habitation), other than repair. A person aggrieved by a notice under sub-paragraph (3) may, within 21 days after the date of the service of the notice, appeal to the county court and on the appeal the court may make such order confirming, quashing or varying the notice as it thinks fit. If the persons who would be entitled to appear and be heard on such an appeal so agree in writing, any matter in dispute which might have been the subject of an appeal shall instead be submitted to arbitration.
Where a house— the local housing authority shall if they are satisfied that the house has been well maintained make a payment of such amount, if any, as is authorised by the following provisions of this Schedule. The payment shall be made— unless some other person satisfies the authority that the good maintenance is attributable to a material extent to the work carried out by him or at his expense, in which case the authority may, if it appears to them to be equitable in the circumstances, make the payment, in whole or in part, to him.
The amount of the payment to be made under paragraph 1, 2 or 3 is an amount equal to the rateable value of the house multiplied by four or such other multiplier as may be prescribed by order of the Secretary of State; but subject to the limit that the amount shall not exceed the amount, if any, by which the full value of the house exceeds its site value. For this purpose the rateable value of a house is— and any question arising as to the proper apportionment or aggregation of any value or values shall be referred to and determined by the district valuer. The “relevant date” is— An order of the Secretary of State prescribing a multiplier for the purposes of this paragraph shall be made by statutory instrument which shall be of no effect unless approved by a resolution of each House of Parliament. In this paragraph— and any question as to such value shall be determined in default of agreement, in the same way as a question of disputed compensation arising on such a purchase.
A house which apart from this paragraph would not fall to be treated as well maintained for the purposes of paragraphs 1 to 3 shall be so treated if either the exterior or the interior of the house has been well maintained. A payment made under paragraph 1, 2 or 3 by virtue of this paragraph shall be one half of the amount ascertained in accordance with paragraph 4.
Where— the dwellings or each of the dwellings shall be deemed to be a house for the purposes of the provisions of this Schedule so far as they relate to the maintenance of the interior of a house, but not so far as they relate to the maintenance of the exterior of the house. For this purpose the exterior of such a house includes any part of the house which is not included in the interior of a dwelling. Where a closing order is made by virtue of section 266(a) (part of building used, or suitable for use, as a dwelling) with respect to a part of a building the interior of which is well maintained, that part shall be deemed to be a house for the purposes of the provisions of this Schedule.
Where a house is made the subject of a compulsory purchase order under section 290 (acquisition of land for clearance) as being unfit for human habitation, the local housing authority shall serve notice in accordance with this paragraph as regards payments under this Schedule. Notice shall be served— so far as it is reasonably practicable to ascertain those persons. The notice shall be served not later than the date, or if there is more than one the last date, on which the authority serve notice of the effect of the compulsory purchase order under paragraph 3(3) of Schedule 22 (notice that order about to be submitted for confirmation). The notice shall be in the prescribed form and shall state that the authority are satisfied— A notice stating that the authority are satisfied—
An owner, lessee, mortgagee or occupier of a house or dwelling in respect of which a notice is served to which paragraph 7(5) applies (duty to state reasons for adverse decision) who is aggrieved at the decision of the local housing authority may make a written representation to that effect to the Secretary of State. The representation shall be made in the prescribed manner and within the period within which an objection may be made to the compulsory purchase order concerned. The Secretary of State may if he thinks it appropriate to do so and (if he considers it necessary) after causing the house or dwelling concerned to be inspected by an officer of his, give directions for the making by the local housing authority of a payment (or, as the case may be, a further payment) in respect of the house or dwelling concerned, of the amount ascertained in accordance with paragraph 4 or, as the case may require, one-half of that amount.
Section 587.
This Part of this Schedule applies where a house— The “relevant date” for the purposes of this part of this Schedule is—
Where this Part of this Schedule applies and— the local housing authority shall make in respect of that interest a payment of an amount determined in accordance with the following provisions of this Part of this Schedule. The authority shall also make such a payment where an interest in the house was acquired by a person less than two years before the relevant date if— For the purposes of this paragraph a person previously in occupation of the whole or part of the house who, during a part of the qualifying period amounting (or parts together amounting) to not more than one year, was not in occupation by reason only of— shall be deemed to have continued in occupation during that part or those parts.
Where this Part of this Schedule applies and— the local housing authority shall make in respect of that interest a payment of an amount determined in accordance with the following provisions of this Part of this Schedule. Where a person ceased to occupy a house or part of a house not more than one year before 13th December 1955 by reason only of— sub-paragraph (1) has effect as if he had occupied the house or part on that day in like manner as immediately before he ceased to occupy it. This paragraph applies only where no payment falls to be made under paragraph 2.
The amount of the payment to be made in respect of an interest is its full compulsory purchase value less the compensation which was or would have been payable in respect of the interest in connection with the compulsory purchase of the house at site value. For this purpose— The amount payable shall be reduced by so much, if any, of the amount as may reasonably be attributed to any part of the house occupied, at the date of the making of the order in question or the giving of the undertaking, for any purposes other than those of a private dwelling. Any question as to the purposes for which any part of a house was occupied shall be determined by the Secretary of State; subject to that, the amount of any payment under this Part of this Schedule shall be determined (in default of agreement) as if it were compensation payable in respect of the compulsory purchase of the interest and shall be dealt with accordingly.
In this Part of this Schedule— For the purposes of this Part of this Schedule a person who on the death of another became entitled to an interest of his shall be deemed to have been entitled to that interest as from the date of death. A payment under this Part of this Schedule in respect of an interest which, at the date when the house was purchased compulsorily or, as the case may be, vacated, was held by virtue of an agreement to purchase by instalments shall be made to the person entitled to the interest at that date.
For the purposes of this Part of this Schedule a person is a member of another’s family if that person is— In sub-paragraph (1)(b) any reference to a person’s son or daughter includes a step-son or step-daughter and any illegitimate son or daughter of that person, and “son-in-law” and “daughter-in-law” shall be construed accordingly.
This Part of this Schedule applies where a house— The “relevant date” for the purpose of this Part of this Schedule is—
If at the relevant date and at all times during the two years preceding that date— the local housing authority shall make in respect of that interest a payment of the amount specified in the following provisions of this Part of this Schedule
the house was occupied wholly or partly for the purposes of a business, and
the person entitled to the receipts of the business held an interest in the house,
The authority shall also make such a payment if no payment falls to be made under paragraph 2 but the conditions specified in sub-paragraphs (a) and (b) of that paragraph were satisfied at the relevant date and on 13th December 1955.
The amount of the payment to be made in respect of an interest is its full compulsory purchase value less the compensation which was or would have been payable in respect of the interest in connection with the compulsory purchase of the house at site value. For this purpose— The amount payable shall be reduced by so much, if any, of the amount as may reasonably be attributed to any part of the house not occupied at the relevant date for the purposes of the business. Any question arising under sub-paragraph (3) as to the purposes for which any part of a house was occupied shall be determined by the Secretary of State; subject to that, the amount of any payment under this Part of this Schedule shall be determined (in default of agreement) as if it were compensation payable in respect of the compulsory purchase of the interest and shall be dealt wtih accordingly.
In this Part of this Schedule—
The following abbreviations are used in this Table— 1899 = The Small Dwellings Acquisition Act 1899 (c. 44). 1923 (c. 24) = The Housing &c. Act 1923. 1935 (c. 40) = The Housing Act 1935. 1936 (c. 49) = The Public Health Act 1936. 1957 = The Housing Act 1957 (c. 56) 1958 = The Housing (Financial Provisions) Act 1958 (c. 42). 1959 (H) = The House Purchase and Housing Act 1959 (c. 33). 1959 (U) = The Housing (Underground Rooms) Act 1959 (c. 34). 1959 (c. 53) = The Town and Country Planning Act 1959. 1961 (c. 33) = The Land Compensation Act 1961. 1961 = The Housing Act 1961 (c. 65). 1961 (c. 64) = The Public Health Act 1961. 1963 (c. 33) = The London Government Act 1963. 1964 (c. 9) = The Public Works Loans Act 1964. 1964 = The Housing Act 1964 (c. 56). 1965 (c. 56) = The Compulsory Purchase Act 1965. 1965 (c. 75) = The Rent Act 1965. 1965 = The Housing (Slum Clearance Compensation) Act 1965 (c. 81). 1967 (c. 9) = The General Rate Act 1967. 1967 (c. 80) = The Criminal Justice Act 1967. 1968 (c. 13) = The National Loans Act 1968. 1968 (c. 23) = The Rent Act 1968. 1968 (c. 42) = The Prices and Incomes Act 1968. 1969 (c. 19) = The Decimal Currency Act 1969. 1969 = The Housing Act 1969 (c. 33). 1971 (c. 23) = The Courts Act 1971. 1971 = The Housing Act 1971 (c. 76). 1971 (c. 78) = The Town and Country Planning Act 1971. 1972 = The Housing Finance Act 1972 (c. 47). 1972 (c. 70) = The Local Government Act 1972. 1972 (c. 71) = The Criminal Justice Act 1972. 1973 (H) = The Housing Amendment Act 1973 (c. 5). 1974 (c. 7) = The Local Government Act 1974. 1974 (c. 39) = The Consumer Credit Act 1974. 1974 = The Housing Act 1974 (c. 44). 1975 = The Housing Rents and Subsidies Act 1975 (c. 6). 1975 (c. 24) = The House of Commons Disqualification Act 1975. 1975 (c. 72) = The Children Act 1975. 1975 (c. 76) = The Local Land Charges Act 1975. 1976 (c. 52) = The Armed Forces Act 1976. 1976 (c. 57) = The Local Government (Miscellaneous Provisions) Act 1976. 1976 (c. 75) = The Development of Rural Wales Act 1976. 1976 (c. 80) = The Rent (Agriculture) Act 1976. 1977 (c. 42) = The Rent Act 1977. 1977 (c. 43) = The Protection from Eviction Act 1977. 1977 (c. 45) = The Criminal Law Act 1977. 1977 = The Housing (Homeless Persons) Act 1977 (c. 48). 1978 = The Home Purchase Assistance and Housing Corporation Guarantee Act 1978 (c. 27). 1978 (c. 30) = The Interpretation Act 1978. 1978 (I) = The Home Insulation Act 1978 (c. 48). 1980 (c. 43) = The Magistrate’s Courts Act 1980. 1980 = The Housing Act 1980 (c. 51). 1980 (c. 65) = The Local Government, Planning and Land Act 1980. 1981 (c. 54) = The Supreme Court Act 1981. 1981 (c. 64) = The New Towns Act 1981. 1981 (c. 67) = The Acquisition of Land Act 1981. 1982 (c. 24) = The Social Security and Housing Benefits Act 1982. 1982 (c. 48) = The Criminal Justice Act 1982. (1984 (c. 12) = The Telecommunications Act 1984. 1984 (c. 22) = The Public Health (Control of Disease) Act 1984. 1984 (c. 28) = The County Courts Act 1984. 1984 = The Housing and Building Control Act 1984 (c. 29). 1984 (D) = The Housing Defects Act 1984 (c. 50). 1985 (c. 9) = The Companies Consolidation (Consequential Provisions) Act 1985. 1985 (c. 51) = The Local Government Act 1985. S.I. 1972/1204 = The Isles of Scilly (Housing) Order 1972. S.I. 1973/886 = The Isles of Scilly (Housing) (No. 2) Order 1973. S.I. 1975/512 = The Isles of Scilly (Housing) Order 1975. S.I. 1979/72 = The Isles of Scilly (Functions) Order 1979. S.I. 1981/723 = The Local Authority Contributions (Disposal of Dwellings) Order 1981. S.I. 1982/1109 = The Crown Court Rules 1982. S.I. 1983/613 = The Grants by Local Authorities (Eligible Expense Limits) Order 1983. S.I. 1983/1122 = The Housing (Northern Ireland Consequential Amendments) Order 1983.
The Table does not show the effect of Transfer of Functions Orders.
The letter R followed by a number indicates that the provision gives effect to the Recommendation bearing that number in the law Commission’s Report on the Consolidation of the Housing Acts (Cmnd. 9515).
A reference followed by “passim” indicates that the provision of the consolidation derives from passages within those referred to which it is not convenient, and does not appear necessary, to itemise.
The entry “drafting” indicates a provision of a mechanical or editorial nature affecting the arrangement of the consolidation; for instance, a provision introducing a Schedule or introducing a definition to avoid undue repetition of the defining words. Provision Derivation Part I 1 1936 (c. 49) s. 1(2) “local authority”; 1957 s. 1(1), (2); 1963 (c. 33) s. 21(1), (2); 1969 s. 39; 1972 (c. 70) ss. 180(1), 193(1); 1977 s. 19(1) “housing authority”; S.I. 1972/1204; S.I. 1973/886; S.I. 1975/512; S.I. 1979/72; 1980 ss. 29(1), 50(1) “local authority”, 105(1) “local authority”. 2(1), (2) drafting. 3(1), (2) 1957 s. 155(1), (2). 4 drafting. 5(1) 1957 s. 189(1) “housing association”. (2) drafting. (3) 1974 s. 12 “self-build society”. (4) drafting. 6 1977 (c. 42) s. 15(5); 1980 s. 74(2). 7 drafting. Part II 8(1), (2) 1957 s. 91; 1969 Sch. 8 para.8. 9(1) 1957 ss. 92(1). (2) 1957 s. 92(2). (3) 1980 s. 93(b). (4) 1957 s. 92(4). 10(1)-(3) 1957 s. 94; 1974 (c. 39) Sch. 4 Para. 18. 11(1), (2) 1957 s. 95(1). (3), (4) 1957 s. 95(2). 12(1) 1957 s. 93(1). (2) 1957 s. 93(2). (3) 1957 s. 93(1). 13(1) 1957 s. 107. (2) 1957 s. 107; R.1(i). 14(1) 1957 s. 92(1) and passim. (2) 1972 (c. 70) s. 193(2). (3) 1957 s. 108(1); 1972 (c. 70) Sch. 22 para. 4(1). (4) 1957 s. 109(1); 1972 (c. 70) Sch. 22 para. 5(1). (5) 1957 s. 110. 15(1) 1957 s. 93(3); 1963 (c. 33) Sch. 8 para. 3(a). (2) 1963 (c. 33) s. 21(10). (3) 1957 s. 146; 1985 (c. 51) Sch. 8 para. 14(3). (4) 1957 ss. 93(3), 146. 16(1) 1963 (c. 33) s. 21(3). (2) 1957 s. 93(3) proviso; 1963 (c. 33) Sch. 8 para 3(b). 17(1) 1957 s. 96. (2) 1980 s. 93(a). (3) 1957 s. 97(1). (4) 1957 s. 97(2). 18(1) 1957 s. 105(4). (2) 1957 s. 105(4A); 1974 Sch. 13 para. 4. 19(1) 1957 s. 99; drafting. (2) 1957 s. 110A(1); 1980 s. 95. (3) 1957 s. 110A(2), (3); 1980 s. 95. 20(1), (2) R.2. 21(1) 1957 s. 111(1), (2). (2) drafting. 22 1957 s. 113(2); 1977 s. 6(2). 23(1) 1957 s. 112(1). (2) 1976 (c. 57) s. 9. (3) 1957 s. 112(2). 24(1) 1957 s. 111(1). (2) 1957 s. 113(1), (1A); 1975 s. 1(2). 25(1) 1968 (c. 42) s. 12(1); 1980 Sch. 25 para. 20. (2) 1968 (c. 42) s. 12(1). (3) 1968 (c. 42) s. 12(1), (3). (4) 1968 (c. 42) s. 12(2). (5) 1968 (c. 42) s. 12(1). 26(1) 1972 s. 93(1), (2). (2) 1972 s. 93(3). (4) 1972 s. 93(4). 27(1) 1980 Sch. 20 para. 2(1), 3; R.3. (2) 1980 Sch. 20 para. 1. (3) 1980 Sch. 20 para. 4. (4) 1980 Sch. 20 para. 5. (5) 1980 Sch. 20 para. 2(1), (2). (6) 1980 Sch. 20 para. 6. 28(1) 1972 (c. 70) s. 194(1). (2) 1972 (c. 70) s. 194(6). (3) 1972 (c. 70) s. 194(2). (4) 1972 (c. 70) s. 194(3). (5) 1972 (c. 70) s. 194(4). (6) 1972 (c. 70) s. 194(5). 29(1), (2) 1957 s. 126; 1980 Sch. 25 para. 7. 30(1) 1972 ss. 93, 106 passim, Sch. 9 para. 14. (2) 1980 Sch. 20 passim;1981 (c. 64) Sch. 12 para. 27(d); R. 3. 31 1957 s. 129; R.4:(iii). 32(1) 1957 s. 104(1); 1980 s. 91(1). (2) 1957 s. 104(2); 1980 s. 91(1). (3) 1957 s. 104(3); 1980 s. 91(1). (4) 1957 s. 104(9); 1980 s. 91(1). (5) 1957 s. 104(8); 1980 s. 91(1). 33(1). 1957 s. 104(5); 1980 s. 91(1).). (2)-(4) 1957 s. 104(5), (6); 1980 s. 91(1). 34(1) drafting. (2) 1957 s. 104A(1); 1980 s. 92. 34(3) 1957 s. 104A(2); 1980 s. 92. (4) 1957 s. 104A(3); 1980 s. 92. 35(1) 1957 s. 104B(1); 1980 s. 92. (2) 1957 s. 104B(2), (3); 1980 s. 92; 1984 Sch. 6 para. 1(1). 36(1) 1957 s. 104B(5)(a); 1980 s. 92; 1984 Sch. 6 para. 1(3). (2) 1957 s. 104B(5)(b), (5a); 1980 s. 92; 1984 Sch. 6 para. 1(4). (3) 1957 s. 104B(7); 1980 s. 92. (4) 1957 s. 104B(6); 1978 Sch. paras. 6-9; 1984 Sch. 6 para. 1(5). 37(1) 1957 s. 104C(1), (9); 1980 s. 92; 1984 Sch. 6 para. 2(1), (5). (2) 1957 s. 104C(2); 1980 s. 92; 1984 Sch. 6 para. 2(2). (3) 1957 s. 104C(3); 1980 s. 92. (4) 1957 s. 104C(5); 1980 s. 92. (5) 1957 s. 104C(6); 1980 s. 92. (6) 1957 s. 104C(8); 1980 s. 92. 38 1957 ss. 104B(4); 104C(7A); 1984 Sch. 6 paras. 1(2), 2(4). 39(1) 1957 s. 104B(4A); 1984 Sch. 6 para. 1(2). (2) 1957 s. 104B(4B); 1984 Sch. 6 para. 1(2). 40 1957 s. 104B(4A)(d); 1984 Sch. 6 para. 1(2); drafting. 41 1957 ss. 104B(4C), 104C(7); 1984 Sch. 6 paras. 1(2), 2(4). 42(1) 1957 ss. 104B(9), 104C(10); 1980 s. 92; 1984 Sch. 6 para. 1(6), 2(6). (2) 1957 s. 104C(10); 1980 s. 92. 43(1) 1984 s. 22(1), (2). (2) 1984 s. 22(3). (3) 1984 s. 22(4). (4) 1984 s. 22(5). (5) 1984 s. 22(8). 44(1), (2) 1980 s. 137(1); 1984 s. 22(7), Sch. 11 para. 28. (3) 1980 s. 137(2); drafting. 45(1) 1984 s. 18(1). (2) 1984 s. 18(1), (3), (4) “conveyance”, “grant”, “long lease”. (3) 1984 Sch. 11 paras. 21, 25(2). 46(1) 1984 s. 18(1)(b) (2), (3) 1984 Sch. 4 para. 1(2). (4) 1984 Sch. 4 paras. 12, 13. 47(1) 1984 Sch. 4 paras. 2, 3. (2) 1984 Sch. 4 para. 2. (3) 1984 Sch. 4 para. 8. 48(1) 1984 Sch. 4 para. 4(1), (4). (2) 1984 Sch. 4 para. 4(1). (3), (4) 1984 Sch. 4 para. 4(2), (3). (5) 1984 Sch. 4 para. 6. (6) 1984 Sch. 4 para. 7. 49(1), (2) 1984 Sch. 4 para. 5(1), (2). 50(1) 1984 Sch. 4 para. 9(1). (2) 1984 Sch. 4 para. 10(1)(a), (2). 51(1) 1984 Sch. 4 para. 11 passim; drafting. (2) 1984 Sch. 4 para. 11(1); 1985 (c. 9) Sch. 2. (3), (4) 1984 Sch. 4 para. 11(2), (3). (5) 1984 Sch. 4 para. 11(2)(b); 1985 (c. 9) Sch. 2. (6) 1984 Sch. 4 para. 10(1)(b), (2). 52 1957 s. 92(3). 53(1) drafting. (2) 1972 Sch. 8 para. 4(5). (3) 1972 Sch. 8 para. 4(5) proviso. (4) 1972 Sch. 8 para. 4(6). (5) 1972 Sch. 8 para. 4(8). 54(1), (2) 1957 s. 159(a), (c). 55(1) 1957 s. 160. (2) 1957 s. 160; 1977 (c. 45) s. 31(6); 1982 (c. 48) ss. 37, 46(1). 56 “house” 1957 s. 189(1) “house” para. (a). “housing accommodation” 1957 ss. 92(4), 189(1) “house” para. (b); 1974 s. 106(3). “lodging-houses” 1957 s. 112(2). “member of family” 1957 s. 104B(4B)(c); 1984 Sch. 6 para. 1(2). “owner” 1957 s. 189(1) “owner”. 57 drafting. Part III 58(1), (2) 1977 s. 1(1). (3) 1977 s. 1(2). (4) 1977 s. 1(3). 59(1) 1977 s. 2(1), (2). (2) 1977 ss. 2(3), 15(1). (3) 1977 ss. 2(3), 19(1) “appropriate consultations”. (4) 1977 s. 2(4) 60(1) 1977 s. 17(1). (2) 1977 s. 17(2). (3) 1977 s. 17(3). (4) 1977 s. 17(4). 61(1) 1977 s. 18(1). (2) 1977 s. 18(2)(a)(i), (3)(a). (3) 1977 s. 18(2)(a)(ii). (4) 1977 s. 18(2)(b), (3)(b). (5) 1977 s. 15(1), (3). 62(1) 1977 s. 3(1), (2)(a). (2) 1977 s. 3(2)(b), (3). 63(1), (2) 1977 s. 3(4). 64(1) 1977 s. 8(1). (2) 1977 s. 8(2). (3) 1977 s. 8(3). (4) 1977 s. 8(4). (5) 1977 s. 8(8), (9); R.5. 65(1) 1977 s. 4(1). (2) 1977 s. 4(5). 65(3) 1977 ss. 4(2)(b), (3), 19(1) “appropriate assistance”. (4) 1977 ss. 4(2)(a), 19(1) “appropriate assistance”. 66(1) 1977 s. 4(1). (2) 1977 s. 4(4). (3) 1977 ss. 4(2), 19(1) “appropriate assistance”. (4) 1977 s. 4(6). 67(1), (2) 1977 ss. 4(5), 5(1). (3) 1977 s. 5(11). (4) 1977 s. 5(7), (8). (5) 1977 ss. 5(9), 19(1) “appropriate consultations”, “relevant authorities”. (6) 1977 s. 5(10). 68(1) 1977 s. 5(6). (2) 1977 s. 5(3), (4). (3) 1977 s. 8(5). (4) 1977 s. 8(8), (9); R.5. 69(1) 1977 s. 6(1). (2) 1977 s. 10. 70(1) 1977 s. 7(1), (11). (2) 1977 s. 7(1), (2), (3). (3) 1977 s. 7(4), (5). (4) 1977 s. 7(6), (7). (5) 1977 s. 7(8)-(10). (6) 1977 s. 8(6), (7). (7) 1977 s. 8(10), (11). (8) 1977 s. 7(1), (3); drafting. 71(1) 1977 s. 12(1). (2) 1977 s. 12(2). 72 1977 s. 9(1), (2). 73(1) 1977 s. 13(1). (2) 1977 s. 13(2), (3). (3) 1977 s. 13(4). (4) 1977 s. 13(7). (5) 1977 s. 13(5), (6). 74(1) 1977 s. 11(1), (5). (2) 1977 s. 11(2), (3). (3) 1977 s. 11(4), (5). (4) 1977 s. 11(5); 1982 (c. 48) ss. 37, 46(1). 75 1977 s. 16. 76(1) 1977 s. 5(1); drafting. (2) 1977 s. 5(3); drafting. (3) 1977 s. 19(1) “development corporation”, “housing authority”, “social work authority”; drafting. 77 “relevant authority” 1977 s. 19(1) “relevant authority”. “social services authority” 1977 s. 19(1) “social services authority”. “voluntary organisation” 1977 s. 19(1) “voluntary organisation”. 78 drafting. Part IV 79(1), (2) 1980 s. 28(1). (3) 1980 s. 48(1). (4) 1980 s. 48(2). 80(1) 1980 s. 28(2), (4); 1980 (c. 65) s. 156(2)(a); 1984 s. 36(1). (2) 1977 (c. 42) s. 15(3); 1980 ss. 28(2), 49(1), (2). (3) 1980 s. 49(4), (5). (4) 1980 ss. 28(2)(c), 50(1) “housing co-operative”, “housing co-operative agreement”. 81 1980 s. 28(3). 82(1), (2) 1980 s. 32(1). (3) 1980 ss. 29(1), 32(2). (4) 1980 s. 32(3). 83(1) 1980 s. 33(1). (2) 1980 s. 33(2). (3) 1980 s. 33(3). (4) 1980 s. 33(1). (5) 1980 s. 33(4). (6) 1980 s. 151(1), (3). 84(1) 1980 s. 34(1). (2) 1980 s. 34(2), (3), (4); 1984 s. 25(2). (3) 1980 s. 34(1). 85(1) 1980 s. 87(1); R.6. (2) 1980 s. 87(2). (3) 1980 s. 87(3). (4) 1980 s. 87(4). (5) 1980 s. 87(5), (6). 86(1) 1980 s. 29(1). (2) 1980 s. 29(2). 87 1980 ss. 30(1), (2), 37B(2)(b); 1984 s. 26(1). 88(1) 1980 s. 31(1). (2), (3) 1980 s. 31(1A); 1984 Sch. 11 para. 23. (4) 1980 s. 31(2). 89(1), (2) 1980 s. 30(1), (3). (3) 1980 s. 37B(2); 1984 s. 26(1). (4) 1980 s. 37B(3)(a); 1984 s. 26(1). 90(1) drafting. (2) 1980 s. 28(5). (3) 1980 s. 37B(2); 1984 s. 26(1). (4) 1980 s. 37B(3)(a); 1984 s. 26(1). 91(1), (2) 1980 s. 37(1), (2)(a), (3), (4)(a); 1984 s. 26(1). (3) 1980 s. 37(1); 1984 s. 26(1). 92(1), (2) 1980 s. 37A(1); 1984 s. 26(1). (3) 1980 s. 37A(2); 1984 s. 26(1). (4) 1980 s. 37A(3); 1984 s. 26(1). (5) 1980 s. 37A(4); 1984 s. 26(1). (6) 1980 s. 37A(5); 1984 s. 26(1). 93(1) 1980 s. 35(1), (2). (2) 1980 s. 37B(1), (3)(a); 1984 s. 26(1). 94(1) 1980 s. 36(5). (2), (3) 1980 ss. 35(3), 36(1). (4) 1980 s. 36(2). (5) 1980 s. 36(3). (6) 1980 s. 36(4). 95(1), (2) 1980 ss. 37(1), (2)(b), (3), (4)(b); 37B(3)(b); 1984 s. 26(1). 96(1) 1980 s. 41A(1); 1984 s. 28. (2) 1980 s. 41A(2), (3); 1984 s. 28. (3) 1980 s. 151(3). (4) 1980 s. 151(1). (5) 1980 s. 41A(4); 1984 s. 28. 97(1) 1980 s. 81(1), (2). (2) 1980 s. 81(5). 98(1), (2) 1980 ss. 81(3), 82(1). (3) 1980 s. 82(2). (4) 1980 s. 82(3). 99(1) drafting. (2) 1980 s. 82(2). (3) 1980 s. 82(3)(b). (4) 1980 s. 82(4). (5) 1980 s. 83. 100(1) 1980 s. 38(1), (2). (2) 1980 s. 38(3). (3) 1980 s. 38(2). 101(1)-(4) 1980 s. 39; 1984 s. 27. 102(1) 1980 s. 40(1), (3), (4). (2) 1980 s. 40(9). (3) 1980 s. 40(2). (4) 1980 s. 40(10). 103(1) 1980 s. 40(4). (2) 1980 s. 40(6). (3) 1980 s. 40(7). (4) 1980 s. 40(5). (5) 1980 s. 40(6). (6) 1980 s. 40(8). 104(1) 1980 s. 41(1), (2). (2) 1980 s. 41(3), (4). 105(1) 1980 s. 43(1), (2. (2) 1980 s. 42(2)(a), (3). (3) 1980 s. 42(2)(b), (c), (4). (4) 1980 s. 42(5). (5) 1980 s. 43(3). (6) 1977 (c. 42) s. 15(3)(a); 1980 s. 43(4), (5). 106(1) 1980 s. 44(1). (2) 1980 s. 44(2). (3) 1980 s. 44(3), (4). (4) 1980 s. 44(5). (5) 1980 s. 44(6). 107(1) 1980 s. 46(1). (2) 1980 s. 46(2). 108(1) 1980 s. 41B(1); 1984 s. 29. (2) 1980 s. 41B(2); 1984 s. 29. (3) 1980 s. 41B(3); 1984 s. 29. (4) 1980 ss. 41B(4), (5), 151(1), (3); 1984 s. 29. (5) 1980 s. 41B(1), (6); 1984 s. 29. 109 1980 ss. 49(3), 84. 110(1) 1980 s. 86(1). (2) 1980 s. 86(2); 1984 Sch. 11 para. 25(1). (3) 1980 s. 86(3). 111(1) 1980 s. 86(4). (2) 1980 s. 86(5). (3) 1980 s. 86(6). 112(1), (2) 1980 s. 50(2). 113(1), (2) 1980 s. 50(3). 114(1) 1977 (c. 42) s. 15(3); 1980 ss. 42(1), 49(3); 1980 (c. 65) s. 156(2)(b). (2) 1980 s. 45(1). (3) 1980 s. 45(2). 115(1) 1980 Sch. 3 para. 1(2), (2A); 1984 Sch. 1 para. 12, Sch. 11 para. 33(1). (2) 1980 Sch. 3 para. 1(2), (3). 116 “common parts” 1980 Sch. 4 Part I, grounds 3, 4. “housing purposes” 1980 Sch. 1 para. 1(2); 1984 s. 2(1). “rental period” 1980 s. 50(1). “term” 1980 s. 50(1). 117 drafting. Part V 118(1) 1980 s. 1(1), (2); 1984 s. 1(2). (2) 1980 s. 4(1). 119(1) 1980 s. 1(3); 1984 s. 3(1). (2) 1980 s. 19(4); 1984 s. 3(2). 120 drafting. 121(1), (2) 1980 Sch. 1 Pt. II paras. 1, 2. 122(1) 1980 s. 5(1). (2) 1980 s. 3(5). (3) 1980 s. 5(3). 123(1), (2) 1980 s. 4(2). (3) 1980 s. 4(3). 124(1) 1980 s. 5(1). (2) 1980 s. 5(1A); 1984 Sch. 11 para. 8(1). (3) 1980 s. 5(2); 1984 Sch. 11 para. 8(2). 125(1) 1980 s. 10(1); 1984 Sch. 11 para. 10(1). (2) 1980 s. 10(1), (2); 1984 Sch. 11 para. 10(2). (3) 1980 s. 10(1)(b). (4) 1980 s. 10(2A); 1984 Sch. 11 para. 10(3). (5) 1980 s. 10(3); 1984 Sch. 11 para. 10(4). 126(1) 1980 s. 6(1). (2) 1980 s. 1(8); 1984 Sch. 1 para. 1. 127(1), (2. 1980 s. 6(2), (3). (3) 1980 s. 6(4); 1984 Sch. 1 para. 2. (4) 1980 s. 6(5), (6); 1984 Sch. 11 para. 9. 128(1), (2) 1980 s. 11(1), (2). (3) 1980 s. 11(2), (3). (4), (5) 1980 s. 11(4), (5). (6) 1980 s. 11(6); 1984 Sch. 11. para. 11. 129(1) 1980 s. 7(1); 1984 s. 3(2). (2) 1980 s. 7(1)(b); 1983 s. 3(2). (3) 1980 s. 7(1); 1984 s. 3(2). 130(1) 1980 s. 7(1A), Sch. 1A Pt. II para. 5; 1984 s. 3(2), (5), Sch. 2. (2) 1980 Sch. 1A Pt. III para. 10(1) “conveyance”, “grant”, “previous discount”, (2); 1984 s. 3(5), Sch. 2, Sch. 11 para.31. (3) 1980 Sch. 1A Pt. II paras 6(1)-(3), 8; 1984 s. 3(5), Sch. 2. (4) 1980 Sch. 1A Pt. II para. 7(1), (2); 1984 s. 3(5), Sch. 2. (5) 1980 s. 151(1), (3). (6) 1957 s. 189(1) “house”; 1980 Sch. 1A Pt. III para. 10(1) “dwelling-house”; 1984 s. 3(5), Sch. 2. 131(1) 1980 s. 7(2), (3); 1984 s. 3(3). (2) 1980 s. 7(4). (3) 1980 ss. 7(3), 151(1), (3). 132(1) 1980 s. 1(1), (2). (2) 1980 s. 4(1), (3). 133(1) 1980 s. 9(1). (2) 1980 s. 9(2), (3). (3), (4) 1980 s. 9(4), (5). (5) drafting. (6) 1980 s. 151(1), (3). 134(1) 1980 s. (12(1). (2) 1980 s. 12(1), (3). (3), (4) 1980 s. 12(2). 135(1), (2) 1980 s. 12(4), (5). (3) 1980 s. 12(5A); 1984 Sch. 11 para. 12. (4) 1980 s. 12(6). 136(1), (2) 1980 s. 13(1), (2); 1984 Sch. 11 para. 13(1), (2). (3) 1980 s. 13(2). (4), (5) 1980 s. 13(3). (6) 1980 s. 13(4). (7) 1980 s. 13(5). 137 1980 s. 14; 1984 Sch. 1 para. 3. 138(1) 1980 s. 16(1), (12); 1984 s. 6(1), Sch. 1 para. 4. (2), (3) 1980 s. 16(9), (10). 139(1) 1980 s. 17; 1984 Sch. 1 para. 5. (2) 1980 s. 16(11). (3) 1980 s. 18(1). 140(1), (2) 1980 s. 16(2); 1984 s. 6(2). (3) 1980 s. 16(3); 1984 s. 6(3). (4) 1980 s. 16(2A); 1984 s. 6(2). (5) 1980 s. 16(12); 1984 s. 6(6). 141(1), (2) 1980 s. 16(6); 1984 s. 6(4). (3), (4) 1980 s. 16(6A), (6B); 1984 s. 6(4). (5) 1980 s. 16(9)(b); 1984 s. 6(5). 142(1), (2) 1980 s. 16(4). (3) 1980 s. 16(5). (4) 1980 s. 16(8). (5) 1980 s. 6(7); 1984 s. 6(5). 143(1) 1984 s. 12(1), (2). (2) 1980 s. 4(3); 1984 Sch. 11 para. 7. 144(1) 1984 s. 13(1), (2)(a), Sch. 3 para. 1(1). (2) 1984 s. 13(2)(b). (3)-(5) 1984 s. 13(3)-(5). 145(1) 1984 Sch. 3 para. 1(2). (2) 1984 Sch. 3 para. 1(5). (3) 1984 Sch. 3 para. 1(4). (4), (5) 1984 Sch. 3 para. 10(1), (2). 146 1984 s. 13(1). 147(1) 1984 s. 14(1). (2) 1984 s. 14(1)(a), (b). (3) 1984 s. 14(1)(c). (4) 1984 s. 14(1)(d). (5) 1984 s. 14(2). 148(1) 1984 Sch. 3 paras. 2(1), 6(3). (2) 1984 Sch. 3 para. 2(2). 149) 1984 s. 15. 150(1) 1984 s. 17(1). (2) 1984 s. 17(9)(a). (3) 1984 s. 17(10). 151(1) 1984 ss. 12(1), 17(1), Sch. 11 para. 32. (2) 1984 s. 17(11). (3) 1984 s. 17(2). (4) 1984 s. 16(1). 152(1), (2) 1984 s. 17(3). (3) 1984 s. 16(3)(c); 1984 ss. 6(3), 17(5). (4) 1984 s. 17(4). (5) 1984 s. 17(12). 153(1), (2) 1984 s. 17(6). (3), (4) 1984 s. 17(7), (8). (5) 1984 s. 17(9)(b). 154(1) 1980 s. 20(1)(a); 1984 Sch. 1 para. 7, Sch. 11 para. 16(a). (2) 1980 s. 20(1)(b); 1984 Sch. 1 para. 7. (3) 1980 s. 20(1A); 1984 Sch. 1 para. 7. (4) 1980 s. 20(3); 1984 Sch. 1 para. 7. (5) 1980 s. 20(4). (6) 1980 s. 20(1)(c), (2); 1984 Sch. 1. para. 7, Sch. 11 para. 16(b). 155(1) 1980 s. 8(1); 1984 Sch. 3 para. 6(1). (2) 1980 s. 8(1), (2); 1984 s. 5(1). (3) 1984 Sch. 3 para. 6(1), (2). 156(1) 1980 s. 8(4); 1984 Sch. 3 para. 6(10); R. 7. (2) 1980 s. 8(4), (4A); 1984 s. 5(4), Sch. 3 para. 6(10). (3) 1980 s. 8(6); 1984 Sch. 3 para. 6(10). (4) 1980 s. 8(5); 1984 s. 5(5), Sch. 3 para. 6(10). (5) 1980 s. 151(1), (3); 1984 Sch. 11 para. 30. (6) 1980 s. 8(5A); 1984 s. 5(5), Sch. 3 para. 6(10). 157(1) 1980 s. 19(1); 1984 s. 8(1), Sch. 11 para. 15(1). (2) 1980 s. 19(2); 1984 s. 8(2). (3) 1980 s. 19(3). (4) 1980 s. 19(4); 1984 s. 8(3). (5) 1980 s. 19(5). (6) 1980 s. 19(9). (7) 1980 s. 19(10). (8) 1980 s. 151(1), (3). 158(1) 1980 s. 19(4)(a); 1984 s. 8(3). (2) 1980 s. 19(6); 1984 s. 8(4), Sch. 11 para. 15(2)(b). (3) 1980 s. 19(7); 1984 s. 8(5), Sch. 11 para. 15(2)(c). 159 1980 ss. 8(3), (7), 19(12); 1984 ss. 5(2), 8(8), Sch. 3 para. 6(4), (8), Sch. 11 para. 15(2)(e). 160(1) 1980 ss. 8(3A), 19(12); 1984 ss. 5(2), 8(8), Sch. 3 para. 6(5), Sch. 11 para. 15(2)(a). (2) 1980 s. 8(3B); 1984 s. 5(2), Sch. 3 para. 6(6). 161 1980 s. 8(3A)(d); 1984 s. 5(2), Sch. 3 paras. 6(5)(d), 7(1)(b) and passim; drafting. 162 1980 ss. 8(3C), 19(11); 1984 ss. 5(2), 8(7), Sch. 3 para. 6(7), Sch. 11 para. 15(2)(d). 163(1) 1980 ss. 8(8), 19(12); 1984 ss. 5(6), 8(8), Sch. 3 para. 6(9). (2) 1980 s. 19(12). 164(1)-(3) 1980 s. 23(1); 1984 Sch. 11 para. 19(4). (4) 1980 s. 23(2); 1984 Sch. 11 para. 19(4). (5) 1980 s. 23(3); 1984 Sch. 11 para. 19(4). (6) 1980 s. 23(4). 165(1) 1980 s. 24(1). (2) 1980 s. 24(2); 1984 Sch. 11 para. 20(1), (2). (3) 1980 s. 24(3); 1984 Sch. 1 para. 8(a). (4) 1980 s. 24(4); 1984 Sch. 1 para. 8(b). (5) 1980 s. 24(5); 1984 Sch. 1 para. 8(c); R.7. (6) 1980 s. 24(6). 166(1) 1980 s. 23(6). (2) 1980 s. 23(6), (7). (3) 1980 s. 23(8). 166(4) 1980 s. 23(9); 1984 Sch. 11 para. 19(2). (5) 1980 s. 23(10). (6) 1980 s. 23(11); 1984 Sch. 11 para. 19(3). 167(1) 1980 s. 24A(1), (3); 1984 s. 9, Sch. 11 para. 21. (2) 1980 s. 24A(2); 1984 s. 9. 168(1) 1980 s. 24B(1); 1984 s. 9, Sch. 11 para. 21. (2) 1980 s. 24B(2); 1984 s. 9. (3), (4) 1980 s. 24B(3); 1984 s. 9. (5) 1980 s. 24B(4); 1984 s. 9. 169(1), (2) 1980 s. 24C(1); 1984 s. 10. (3) 1980 s. 24C(2); 1984 s. 10, Sch. 11 para. 21. 170(1) 1980 s. 24D(2); 1984 s. 11, Sch. 11 para. 21; R.8. (2), (3) 1980 s. 24D(1); 1984 s. 11, Sch. 11 para. 21. (4) 1980 s. 24D(3); 1984 s. 11. (5) 1980 s. 24D(4), (5); 1984 s. 11. (6) 1980 s. 24D(7); 1984 s. 11. 171(1) 1984 s. 30(1), (2). (2) 1984 ss. 18(3), 30(2). (3) 1984 s. 30(3), (4). 172(1) 1984 Sch. 11 para. 2(1). (2)-(4) 1984 Sch. 11 para. 2(6). 173(1), (2) 1984 Sch. 11 para. 2(4). 174 1984 Sch. 11 para. 2(2), (3). 175(1) 1984 Sch. 11 para. 2(5). (2)-(5) 1984 Sch. 11 para. 2(6). 176(1) 1980 s. 22(1); 1984 Sch. 11 para. 18(2). (2) 1980 s. 22(1A); 1984 Sch. 11 para. 18(1). (3) 1980 s. 22(2); 1984 Sch. 11 para. 18(2). (4) 1980 s. 22(3); 1984 Sch. 11 para. 18(2). (5) 1980 s. 151(1), (3). 177(1)-(4) 1984 s. 32(1)-(4). 178(1) 1980 s. 21(1); 1984 Sch. 11 para. 17(1), (2)(a), (b). (2) 1980 s. 21(2); 1984 Sch. 11 para. 17(1), (2)(b). (3) 1980 s. 151(1), (3). 179(1) 1980 Sch. 2 para. 19A; 1984 Sch. 1 para. 11(3), Sch. 11 para. 32. (2) 1984 s. 31. 180 1980 s. 25; 1984 Sch. 11 para. 21. 181(1) 1980 s. 86(1); 1984 Sch. 11 para. 25(2). (2), (3) 1980 s. 86(2), (3). (4) 1980 s. 86(4), (5). (5) 1980 s. 86(6). 182(1)-(3) 1980 s. 26(1)-(3). (4) 1980 s. 151(1), (3). 183(1) 1980 s. 3(1); 1984 s. 38(1). (2), (3) 1980 s. 3(2), (3); 1984 s. 4(2). 184(1) 1980 ss. 27(1), 50(2)(b); 1984 s. 38(1). (2) 1980 s. 3(4); 1984 s. 4(3), Sch. 11 para. 6. (3) 1980 s. 3(4A); 1984 s. 4(3), Sch. 11 para. 6. (4) 1984 s. 4(4). 185(1), (2) 1980 s. 27(3); 1984 Sch. 11 para 22. 186(1), (2) 1980 ss. 27(1), 50(3); 1984 s. 38(1). 187 “improvement” 1980 s. 81(5). “long tenancy” 1980 Sch. 1A Pt. III para. 10(1) “long lease”; 1984 s. 3(5), Sch. 2. “total share” 1984 Sch. 3 para. 3(9). 188 drafting. Part VI 189(1), (2) 1957 s. 9(1). (3) 1957 s. 9(2). (4) 1957 s. 37(1). 190(1), (2) 1957 s. 9(1A), (1B); 1969 s. 72; 1980 s. 149. (3) 1957 s. 9(2). (4) 1957 s. 37(1). 191(1) 1957 s. 11(1); R.9(ii). (2) 1957 s. 11(3). (3) 1957 s. 11(3); 1969 Sch. 8 para. 6. (4) 1957 s. 37(1), (2). 192(1) 1957 s. 12(1). (2), (3) 1957 s. 12(2). (4) 1957 s. 12(3). 193(1), (2) 1957 s. 10(1). (3) drafting. 194(1), (2) 1957 s. 10(2). 195(1) 1957 s. 161; 1964 s. 103(4). (2) 1957 s. 161. 196(1), (2) 1957 s. 163(1). (3) 1957 s. 163(2). 197(1), (2) 1957 s. 159. 198(1), (2) 1957 s. 160; 1977 (c. 45) s. 31(6); 1982 (c. 48) ss. 37(2), 46. 199(1), (2) 1957 s. 13(1). (3), (4) 1957 s. 13(2), (3). 200(1) 1957 s. 14(1). (2) 1957 s. 14(2); 1972 (c. 70) Sch. 29 paras. 1(1), 4(a). (3) 1957 s. 14(2). (4) 1957 s. 14(3). (5) 1957 s. 14(5); 1971 (c. 23) Sch. 9; S.I. 1982/1109 Sch. 3 Pt. II para. 1; R.9(i). (6) 1957 s. 14(4); 1971 (c. 23) Sch. 8 para. 1; 1972 (c. 70) Sch. 29 paras. 1(1), 4(a); R.10). 201(1)-(3) 1957 s. 15(1); R.11. (4)-(6) 1957 s. 15(3)-(5). 202 1957 s. 33(1); R.12. 203(1), (2) 1957 s. 33(2). (3) 1957 s. 10(9). 204 1957 ss. 40, 68(1). 205 1957 s. 9(3); R.13. 206 1957 s. 39(1). 207 “house” 1957 s. 189(1) “house”. “occupying tenant” 1957 s. 9(1C); 1980 s. 149. “owner” 1957 s. 189(1) “owner” “person having control” 1957 s.39(2). 208 drafting. Part VII 209 1974 s. 85(1), 86-89 passim. 210(1) 1974 s. 85(1). (2) 1974 s. 85(3). 211(1) 1974 s. 87(1). (2) 1974 s. 87(1), (2). (3) 1974 s. 87(3); 1975 Sch. 5 para. 20. (4)-(6) 1974 s. 87(4)-(6). 212(1), (2) 1974 s. 89(1), (2). (3) 1974 s. 89(3), (4). (4) 1974 s. 89(7). 213(1) 1974 s. 85(2). (2),(3) 1974 ss. 85(4), 89(4). (4) 1974 ss. 85(5), 89(4). 214(1)-(4) 1974 s. 88(1)-(4). (5) 1974 s. 90(4); 1975 (c. 76) Sch. 1. 215(1) 1974 s. 89(5). (2) 1974 s. 89(1), (3), (6). (3) 1974 ss. 88(4), 89(5). (4) 1974 s. 90(4); 1975 (c. 76) Sch. 1. 216(1)-(3) 1974 s. 90(1)-(3). 217(1)-(3) 1974 s. 91(1)-(3). (4) 1974 s. 91(4), (5). (5) 1974 s. 91(6). (6) 1974 s. 91(7). 218(1), (2) 1974 s. 92(1). (3), (4) 1974 s. 92(2), (3). 219(1), (2) 1974 s. 92(4). 220(1)-(4) 1974 s. 93(1)-(4). (5) 1974 s. 93 passim. (6) drafting. 221(1), (2) 1957 s. 161; 1974 s. 96(3). 222(1), (2) 1957 s. 159; 1974 s. 97(1). 223(1) 1957 s. 160; 1972 s. 97(1). (2) 1957 s. 160; 1977 (c. 45) s. 31(6); 1982 (c. 48) ss. 37(2), 46. 224(1) 1974 s. 96(1). (2), (3) 1974 s. 96(2). (4) 1974 s. 96(4). 225(1), (2) 1974 s. 97(2). 226 1974 s. 97(3). 227(1)-(3) 1974 s. 101(1)-(3). 228(1) 1974 s. 100(1), (2). (2) 1974 s. 100(8). (3) 1974 s. 100(2), (3). (4) 1974 s. 100(5). (5) 1974 s. 100(4), (9). (6) 1974 s. 100(7). (7) 1974 s. 100(6). 229(1) 1957 s. 14(1); 1974 s. 95. (2) 1957 s. 14(2); 1972 (c. 70) Sch. 29 paras. 1(1), 4(a); 1974 s. 95. (3) 1957 s. 14(2); 1974 s. 95. (4) 1957 s. 14(3); 1974 s. 95. (5) 1957 s. 14(5); 1971 (c. 23) Sch. 9; 1974 s. 95; R.9(i). (6) 1957 s. 14(4); 1971 (c. 23) Sch. 8 para. 1; 1972 (c. 70) Sch. 29 paras. 1(1), 4(a); 1974 s. 95; R.10. 230(1) 1957 s. 15(1). (2) 1957 s. 15(1); R.11. (3) 1957 s. 15(1). (4)-(6) 1957 s. 15(3)-(5). 231(1)-(4) 1974 s. 98(1)-(4). 232(1) 1974 s. 99(1). (2) 1974 s. 99(2); 1976 (c. 75) Sch. 7 para. 14; 1977 (c. 42) Sch. 23 para. 64; 1981 (c. 64) Sch. 12 para. 13(c). (3)-(5) 1974 s. 99(3)-(5). (6) 1974 ss. 84 “local authority”, 99(6), 104(1) “local authority”. 233 1974 s. 102. 234(1)-(3) 1974 s. 103A(1)-(3); 1980 Sch. 25 para. 26. 235 1974 ss. 86(1), (2), 89(4). 236(1) 1974 s. 104(2). (2) 1974 s. 104(1) “occupying tenant”. 237 “dwelling” 1974 s. 129(1) “dwelling”. “improvement” 1974 s. 104(1) “improvement”. “long tenancy” 1974 s. 104(3). “owner” 1974 s. 104(1) “owner” “owner-occupier”. 1974 s. 104(1) “owner-occupier”. “standard amenities” 1974 s. 104(1), “standard amenities”. 238 drafting. Part VIII 239(1)-(3) 1974 s. 36(1)-(3). (4) 1974 s. 39(1). (5) 1974 s. 36(5); 1975 (c. 76) Sch. 1. 240(1) 1974 s. 36(4). (2) 1974 s. 36(4)(a). (3) 1974 s. 36(4)(b). (4) 1974 s. 36(4)(c). (5) 1974 s. 36(4)(d). 241(1), (2) 1974 s. 37(1), (2). (3) 1974 s. 37(3), (4). (4) 1974 s. 37(5). (5) 1974 s. 37(6). 241(1)-(4) 1974 s. 38(1)-(4). 243(1) 1974 ss. 43(1), 44(1), (2). (2) 1974 s. 43(1). (3) 1974 s. 44(1), (2). (4) 1974 s. 43(3). 244(1) 1974 s. 45(1); 1980 Sch. 13 para. 9(2). (2) 1974 s. 45(2). (3) 1974 s. 45(3); 1980 Sch. 13 para. 9(3). (4) 1974 s. 45(4). (5) 1974 s. 45(1); 1980 Sch. 13 para. 9(2). 245(1) 1974 s. 46(1); 1980 Sch. 13 para. 10. (2) 1974 s. 46(2), (3); 1980 Sch. 13 para. 10. (3) 1974 s. 46(4); 1980 Sch. 13 para. 10. (4) 1974 s. 46(5); 1980 Sch. 13 para. 10. (5) 1974 ss. 46(6); 128(1), (1A), (3); 1980 Sch. 13 para. 10 Sch. 25 para. 30. 246 1974 s. 41. 247(1) 1974 s. 47(4) and passim. (2)-(4) 1974 s. 47(1)-(3). (5) 1974 s. 47(6); R.14(ii). (6) 1974 s. 47(5). 248(1) 1974 Sch. 4 para. 1. (2)-(4) 1974 Sch. 4 para. 2(1)-(3). (5) 1974 Sch. 4. para. 3(1), (2). (6) 1974 Sch. 4 para. 4. 249(1) 1974 s. 47(7); 1982 (c. 48) ss. 37, 38(9), 46(1). (2) 1974 s. 47(10); R.15. 250(1)-(3) 1974 ss. 39(3), (7), 40(1), (2). 251(1), (2) 1974 s. 39(2). (3), (4) 1974 s. 39(4). (5) 1974 s. 39(5). (6) 1974 s. 39(7). 252 “housing accommodation” 1974 s. 36(6). “dwelling” 1974 s. 129(1). “house in multiple occupation” 1974 s. 129(1). 253(1) 1969 s. 28(1); 1980 Sch. 13 para. 1(1). (2) 1969 s. 29A; 1974 Sch. 5 Pt. II. (3) 1969 s. 29(1), (2). 254(1)-(4) 1969 s. 28(2). 255(1) 1969 s. 32(1). (2) 1969 s. 32(5); 1974 Sch. 13 para. 3. 256(1)-(3) 1969 s. 33(1); 1971 (c. 78) Sch. 23 Pt. II. (4) 1969 s. 33(2); 1971 (c. 78) Sch. 23 Pt. II. 257 1969 s. 31. 258(1) 1969 s. 30(1). (2) 1969 s. 30(1A); 1974 Sch. 5 para. 2(1). 259 1969 s. 37(1); 1980 Sch. 13 para. 5. (2) 1969 ss. 37(2), 86(5); 1980 Sch. 13 para. 5. (3), (4) 1969 s. 37(3), (4); 1980 Sch. 13 para. 5. (5) 1969 ss. 37(5), 85(1A); 1980 Sch. 13 para. 5, Sch. 25 para. 21. (6) 1969 ss. 84, 86(4). (7) 1971 ss. 1, 2(4); 1973 (H) s. 1(1). 260 1957 s. 159; 1969 Sch. 8 para. 11; 1974 ss. 48(1)(a), 54(1)(g). 261 1957 s. 160; 1969 Sch. 8 para. 11; 1974 ss. 48(1)(b), 54(1)(g); 1977 (c. 45) s. 31(6); 1982 (c. 48) ss. 37, 46(1). 262 “disposal” 1974 s. 47(3). “owner” 1957 s. 189(1). 263 drafting. Part IX 264(1)-(4) 1957 s. 16(1)-(4). (5) 1957 s. 16(5); 1976 (c. 80) Sch. 8 para. 4; 1977 (c. 42) Sch. 23 para. 22. (6) 1957 s. 16(6); 1982 (c. 48) ss. 37, 39 46(1), Sch. 3. (7) 1957 s. 16(7). 265(1) 1957 s. 17(1). (2) 1957 s. 17(1) proviso, (3)(b), (c). (3) drafting. 266 1957 s. 18(1). 267(1) 1957 s. 21. (2) 1957 s. 27(1). (3) 1957 s. 27(2), (3); R.9(ii). 268(1) 1957 ss. 16(1), 19. (2) 1957 s. 37(1). 269(1)-(3) 1957 s. 20(1)-(3); R.9(ii). (4) 1957 s. 20(3) proviso. (5) 1957 s. 20(3). (6) 1957 s. 37(1), (2). 270(1) 1957 s. 22(1). (2) 1957 s. 22(2); 1965 (c. 75) Sch. 6 para. 10(2); 1977 (c. 43) Sch. 2 para. 2. (3) 1957 s. 22(5); 1976 (c. 80) Sch. 8 para. 4; 1977 (c. 42) Sch. 23 para. 22. (4) 1957 s. 22(3); R.9(i). (5) 1957 s. 22(4); 1982 (c. 48) ss. 37, 39, 46(1), Sch. 3. 271(1), (2) 1957 s. 23(1). 272(1), (2) 1957 s. 23(2). (3), (4) 1957 s. 23(3). (5) 1957 s. 23(4); R.9(ii). (6) 1957 s. 23(5). 273(1) 1957 s. 25(1). (2) 1957 s. 25(2). (3) 1957 s. 25(2) proviso. (4) 1957 s. 25(3). 274(1), (2) 1957 s. 24(1); 1961 s. 25. (3) 1957 s. 24(2). (4) 1957 s. 24(3). (5) 1957 s. 24(2). 275(1) 1961 s. 26(1) (2) 1957 s. 16(1); 1961 s. 26(2). 276 1957 s. 27(5); 1961 s. 26(3); 1976 (c. 80) Sch. 8 para. 4; 1977 (c. 42) Sch. 23 para. 22; R.16(i). 277 1957 s. 27(1); 1972 (c. 71) s. 32; 1982 (c. 48) ss. 37, 39, 46(1), Sch. 3. 278(1) 1957 s. 27(2); 1976 (c. 57) s. 10(1)(a). (2) 1957 s. 27(3); 1976 (c. 57) s. 10(1)(b); R.9(ii). (3) 1957 s. 27(4); 1976 (c. 57) s. 10(1)(c). 279(1) 1957 s. 28; 1961 s. 26(3). (2) 1957 s. 28; 1976 (c. 57) s. 10(2). (3) 1957 s. 28; 1961 s. 26(3). 280 1957 s. 18(2). 281(1) 1957 s. 18(2)(b). (2) 1957 s. 18(2) proviso. 282(1) 1957 s. 18(2). (2) drafting. 283(1) 1957 s. 72(4). (2) 1957 s. 72(5). (3) 1957 s. 189(1). 284(1), (2) 1957 s. 72(1). (3), (4) 1957 s. 72(2). (5) 1957 ss. 37(1), 72(3). 285(1), (2) 1957 s. 72(3);R.9(ii). (3) 1957 ss. 37(1), (2), 72(3). (4) 1957 s. 72(3). 286(1) 1957 s. 73(1). (2) 1957 s. 73(2); 1965 (c. 75) Sch. 6 para. 10; 1977 (c. 43) Sch. 2 para. 2. (3) 1957 s. 73(3); 1977 (c. 45) s. 31(6); 1982 (c. 48) ss. 37, 46(1). (4) 1957 s. 73(4); 1976 (c. 80) Sch. 8 para. 4; 1977 (c. 42) Sch. 23 para. 24. 287(1) 1957 s. 74(1). (2), (3) 1957 s. 74(2). 288(1), (2) 1957 ss. 23(2), 74(3). (3), (4) 1957 ss. 23(3), 74(3). (5) 1957 ss. 23(4), 74(3). (6) 1957 ss. 23(5), 74(3). 289(1)-(3) 1957 s. 42(1). (4) 1957 s. 42(1) proviso. (5) 1957 s. 42(2). (6) 1969 s. 29(3). 290(1) 1957 s. 43(1). (2) 1957 s. 43(2). (3), (4) 1957 s. 43(3). 291(1), (2) 1957 s. 47(1), R. 37(i). (3) drafting (4) drafting; R. 37(i). 292 1957 s. 50. 293(1), (2) 1957 s. 49. 294(1) 1957 s. 64(1). (2) 1957 s. 64(2). (3) 1957 s. 64(1). 295(1), (2) 1957 s. 64(3). (3) 1957 s. 64(3); 1961 (c. 33) Sch. 4 para. 9. 296(1) 1957 s. 64(3) proviso. (2) 1957 s. 65(1). (3) 1957 s. 65(3), (6)(a). (4) 1957 ss. 65(7), 189(1). 297(1)-(3) 1957 s. 65(2). (4) 1957 s. 65(5). (5) 1957 s. 65(5) proviso. (6) 1957 s. 65(6)(b). 298(1) 1957 s. 74A(4); 1984 (c. 12) Sch. 4 paras. 1, 35(1). (2) 1957 s. 74A(2), (5); 1984 (c. 12) Sch. 4 para. 35. (3) 1957 s. 74A(1), (3); 1984 (c. 12) Sch. 4 para. 35(1). 299(1) drafting. (2) 1974 s. 114(8) “full standard”; 1975 Sch. 5 para. 21; 1980 Sch. 25 para. 28(3)(a). 300(1) 1957 s. 17(2). (2) 1957 ss. 19, 20, 37; R.9(ii). (3) 1957 s. 29(1). (4) 1957 s. 18(1); drafting. (5) 1957 s. 17(3). 301(1) 1957 s. 48(1). (2) 1957 s. 48(3). (3) 1957 s. 48(2). 302 1957 ss. 29(3), (4), 48(1), (4). 303 1957 s. 17(3); 1974 ss. 110, 111; 1978 (c. 30) s. 17(2)(a). 304(1) 1957 s. 17(3). (2) 1957 s. 26. (3) 1957 s. 17(3). 305(1) 1974 s. 110(1), (2), (3). (2) 1974 s. 110(9). (3) 1974 s. 110(4). (4) 1974 s. 110(5). (5) 1974 s. 110(6). (6) 1974 s. 110(7), (8). (7) 1965 (c. 56) s. 4; 1974 s. 116. 306(1) 1974 s. 111(1), (2). (2) 1974 s. 111(3). 307(1), (2) 1957 ss. 33(2), 74(6); R.16(ii). 308(1)-(3) 1957 s. 68(1). (4) 1957 s. 70(1), (2); 1974 Sch. 13 para. 3. 309(1) 1957 s. 68(2); 1968 (c. 23) Sch. 15; 1977 (c. 42) Sch. 15 para. 3, Sch. 23 para. 23, Sch. 24 para. 30. (2) 1957 ss. 68(2), 87. 310(1)-(5) 1957 s. 69(1)-(5). (6) 1957 s. 70(1), (2). 311(1)-(3) 1957 s. 70(2). 312(1) 1972 s. 11(1). (2) 1972 s. 11(2). (3) 1972 s. 11(7). (4) 1972 s. 15(2). (5) 1972 s. 15(1). (6) 1972 s. 104(1). 313(1) 1972 s. 11(3), (10)(a). (2) drafting. (3) 1972 s. 11(10)(b). (4) 1972 s. 15(5). 314(1), (2) 1972 s. 105(3); 1975 Sch. 1 para. 13(1). (3) 1972 s. 105(4). (4) 1972 s. 105(3), (4); 1975 Sch. 1 para. 13(1). (5) 1972 s. 104(4). 315(1), (2) 1957 s. 161. 316(1), (2) 1957 s. 163(1). (3) 1957 s. 163(2). 317(1) 1957 s. 162(1); R.9(ii); R.16(iv). (2), (3) 1957 s. 162(2). (4) 1957 s. 162(3). 318(1), (2) 1957 s. 164(1). (3), (4) 1957 s. 164(2), (3). 319(1), (2) 1957 s. 159; R.16(iii). 320 1957 s. 160; 1977 (c. 45) s. 31(6); 1982 (c. 48) ss. 37, 46(1). 321 1957 s. 39(1). 322 “house” 1957 s. 189(1) “house” “owner” 1957 s. 189(1) “owner” “person having control” 1957 s. 39(2) 323 drafting. Part X 324 1957 s. 77(1). 325(1) 1957 s. 77(1)(a). (2) 1957 ss. 77(1)(a), 87 “room”. 326(1) 1957 s. 77(1)(b). (2) 1957 ss.77(2), 87 “room”. (3) 1957 Sch. 6. (4) 1957 s. 81(3). (5) 1957 s. 178(1), (2). (6) 1957 s. 81(4). 327(1)-(3) 1957 ss. 78(1)-(4), 80(5); 1977 (c. 45) s. 31(5), (6); 1982 (c. 48) ss. 37, 46(1). 328(1)-(3) 1957 s. 78(3). 329 1957 s. 78(4). 330(1) 1957 s. 80(1). (2) 1957 s. 80(1), (6). (3) 1957 s. 80(2). (4), (5) 1957 s. 80(3). (6) 1957 s. 80(4). 331(1) 1957 s. 78(1). (2) 1957 s. 78(5). (3) 1957 s. 78(1); 1977 (c. 45) s. 31(5), (6); 1982 (c. 48) ss. 37, 46(1). 332(1), (2) 1957 s. 81(1); R.17. (3) 1957 s. 81(2). 333(1), (2) 1957 s. 83. (3) 1957 s. 83; 1977 (c. 45) s. 31(5), (6); 1982 (c. 48) ss. 37 46(1). 334(1), (2) 1957 s. 76. 335(1) 1957 s. 85(3). (2) 1957 s. 85(3); 1977 (c. 45) s. 31(5), (6); 1982 (c. 48) ss. 37, 46(1). 336(1), (2) 1957 s. 81(1). (3) 1957 s. 81(1); 1977 (c. 45) s. 31(6); 1982 (c. 48) ss. 37, 46(1). 337(1), (2) 1957 s. 159. 338(1) 1957 s. 85(2). (2) 1957 s. 85(2); 1965 (c. 75) Sch. 6 para. 10; 1977 (c. 43) Sch. 2 para. 2. (3) 1957 s. 85(2); R.9(i). 339(1), (2) 1957 s. 85(1). 340(1), (2) 1957 s. 159(c). 341(1) 1957 s. 160. (2) 1957 s. 160; 1977 (c. 45) s. 31(6); 1982 (c. 48) ss. 37, 46(1). 342(1), (2) 1957 s. 87 “suitable alternative accommodation”). 343 “agent” 1957 s. 87. “dwelling” 1957 s. 87; R.4(i) “landlord” 1957 s. 87. “owner” 1957 s. 189(1). 344 drafting. Part XI 345 1969 s. 58(1). 346(1) 1961 s. 22(1); 1969 Sch. 8 para. 4. (2), (3) 1961 s. 22(3). (4) 1961 s. 22(2). (5) 1961 s. 22(9). (6) 1969 s. 64(7); 1980 Sch. 23 para. 9; 1982 (c. 48) ss. 37, 46(1). 347(1) 1969 s. 64(1), (2). (2) 1969 s. 64(1). (3) 1969 s. 64(3). (4) 1969 s. 64(7); 1980 Sch. 23 para. 9; 1982 (c. 48) ss. 37, 46(1). 348(1) 1969 s. 64(4). (2) 1969 s. 64(5). (3), (4) 1969 s. 64(6). 349(1) 1961 s. 22(6). (2) 1961 s. 22(7). (3) 1961 s. 22(8); 1969 (c. 19) s. 10(1). (4) 1961 s. 22(9). 350(1) 1961 s. 22(4). (2) 1961 s. 22(4); 1980 Sch. 23 para. 4; 1982 (c. 48) ss. 37, 46(1). 351(1), (2) 1961 s. 22(10); 1969 s. 64(8); 1972 (c. 70) Sch. 29 para. 4. 352(1) 1961 s. 15(1); 1969 Sch. 8 para. 2. (2) 1961 s. 15(1); 1964 s. 67(1), (2). (3) 1961 s. 15(1), (4); 1964 s. 64(6). (4) 1961 s. 15(3). (5) 1961 s. 15(2). (6) 1961 s. 21(1); 1964 s. 67(4); 1969 Sch. 8 para. 3. 353(1), (2) 1961 ss. 17(1), 21(3); 1964 ss. 64(7), 67(2). (3) 1961 s. 17(2). (4) 1961 ss. 17(4), 21(3). (5) 1961 s. 17(3). 354(1) 1961 s. 19(1); 1969 s. 62(1)(a). (2) 1961 s. 19(3). (3) 1961 s. 19(4). (4) 1961 s. 19(5). (5) 1961 s. 19(6). (6) 1964 s. 67(3). (7) 1961 s. 19(12). 355(1) 1961 s. 19(2), (3); 1964 s. 67(5); 1969 s. 62(1)(b). (2) 1961 s. 19(10), (11); 1980 Sch. 23(3)(b); 1982 (c. 48) ss. 37, 46(1). 356(1) 1961 s. 19(9). (2) 1961 s. 19(10); 1980 Sch. 23 para. 23(3)(a); 1982 (c. 48) ss. 37, 46(1). 357(1) 1961 s. 19(7). (2), (3) 1961 s. 19(8). 358(1) 1957 s. 90(1); 1980 s. 146; R.18(i). (2) 1957 s. 90(8); 1980 s. 146. (3) 1957 ss. 37(1), 90(10)(b); 1980 s. 146. (4) 1957 s. 90(13); 1980 s. 146; 1982 (c. 48) ss. 37, 46(1). 359(1) 1957 s. 90(2), (3); 1980 s. 146. (2) 1957 s. 90(1), (7); 1980 s. 146. 360(1), (2) 1957 s. 90(4); 1980 s. 146. 361(1), (2) 1957 s. 90(5), (6); 1980 s. 146. 362(1) 1957 s. 90(10); 1980 s. 146. (2) 1957 ss. 37(1), (2); 90(10)(b); 1980 s. 146. 363(1) 1957 s. 90(11); 1980 s. 146. (2), (3) 1957 s. 90(12); 1980 s. 146. 364(1) 1957 s. 90(9); 1980 s. 146. (2) 1957 s. 90(14); 1980 s. 146; 1982 (c. 48) ss. 37, 46(1). 365(1), (2) 1980 Sch. 24 para. 1. (3) 1980 Sch. 24 para. 8. (4) 1980 s. 151(1), (3). 366(1) 1980 Sch. 24 paras. 2(1), 4. (2) 1980 Sch. 24 para. 2(1), (3). (3) 1980 Sch. 24 para. 2(1), (2); R.19. 367(1) 1961 s. 17(1); 1964 s. 64(7); 1980 Sch. 24 para. 12. (2) 1961 s. 17(2); 1980 Sch. 24 para. 12. (3) 1961 s. 17(3); 1980 Sch. 24 para. 12. 368(1) 1980 Sch. 24 para. 3. (2) 1980 Sch. 24 para. 5. (3) 1980 (c. 43) s. 34(1); 1980 Sch. 24 para. 7; 1982 (c. 48) ss. 37, 39, 46(1), Sch. 3. (4) 1980 Sch. 24 para. 6. (5) 1980 Sch. 24 para. 11. (6) 1980 Sch. 24 para. 9; R.14(ii). 369(1) 1961 s. 13(1); 1969 Sch. 8 para. 2. (2) 1961 s. 13(1). (3) 1961 s. 13(3). (4) 1961 s. 13(2). (5) 1961 s. 13(4); 1980 Sch. 23 para. 2; 1982 (c. 48) ss. 37, 46(1). (6) 1961 s. 13(1), (5). 370(1) 1961 s. 12(1); 1969 Sch. 8 para. 2. (2), (3) 1961 s. 12(3). (4) 1961 s. 12(6). (5) 1961 s. 12(7); 1975 (c. 76) Sch. 1. 371(1) 1961 s. 12(4); 1969 s. 59(2). (2) 1961 s. 12(5); 1969 s. 59(3). (3) 1961 s. 12(5). (4) 1961 s. 12(6). 372(1) 1961 s. 14(1). (2) 1961 s. 14(2). (3) 1961 s. 14(3). (4) 1961 s. 14(4); 1964 s. 64(6). (5) 1961 s. 14(1). 373(1), (2) 1961 s. 14(5); 1964 s. 64(7); R.9(i). (3) 1961 s. 14(6). (4) 1961 s. 14(7). 374(1) 1961 s. 21(1), (3); 1964 s. 69(1); 1969 Sch. 8 paras. 5, 29. (2) 1964 ss. 43, 44(1); 69(4); 1969 Sch. 8 para. 29; 1978 (c. 30) s. 17(2)(a). (3) 1961 s. 21(2); 1964 s. 69(2). 375(1) 1961 s. 18(1); 1980 Sch. 24 para. 12. (2) 1964 s. 65(5). (3) 1961 s. 18(2); 1964 s. 65(2). (4) drafting. 376(1) 1964 s. 65(1); 1980 Sch. 23 para. 6(1), Sch. 24 para. 12; 1982 (c. 48) ss. 37, 46(1). (2) 1969 s. 61(1), (2); 1980 Sch. 23 para. 8(1), Sch. 24 para. 12; 1982 (c. 48) ss. 37, 46(1). (3) 1964 s. 65(5); 1969 s. 61(1). (4) 1964 s. 65(2). (5) 1964 s. 65(3); 1969 s. 61(4). 377(1) 1961 s. 23(1). (2) 1961 s. 26A; 1980 Sch. 23 para. 5. (3) 1961 s. 26A; 1980 Sch. 23 para. 5; 1982 (c. 48) ss. 37, 46(1). 378(1) 1957 s. 33(1); 1961 s. 23(2); 1980 Sch. 24 para. 12. (2) 1961 s. 23(3); 1980 Sch. 24 para. 12. 379(1) 1964 s. 73(1); 1969 Sch. 8 para. 5. (2) 1964 s. 73(2). (3) 1964 s. 73(3). (4) 1964 s. 7(4). 380(1), (2) 1964 s. 76(1). 381(1) 1964 s. 74(1), (2). (2) 1964 s. 74(3). (3) 1964 s. 74(2). (4) 1964 s. 74(4); 1980 Sch. 24 para. 12. (5) 1964 s. 73(5); 1975 (c. 76) Sch. 1. (6) 1964 s. 74(5) 382(1) 1964 s. 75(1). (2) 1964 s. 75(2). (3) 1964 s. 75(3); 1976 (c. 80) Sch. 8 para. 11; 1977 (c. 42) Sch. 23 para. 35. (4) 1964 s. 75(3A); 1976 (c. 80) Sch. 8 para. 11; 1977 (c. 42) Sch. 23 para. 35. (5) 1964 s. 75(4). 383(1) 1964 s. 81(1). (2) 1964 s. 81(2). (3), (4) 1964 s. 81(4). (5) 1964 s. 81(6). 384(1) 1964 s. 82(1), (3). (2) 1964 s. 82(1); R.19. (3) 1964 s. 82(2). (4) 1964 s. 82(4). (5) drafting. (6) 1964 s. 82(5). 385(1) 1964 s. 77(1), (2). (2), (3) 1964 s. 77(2). 386(1) 1964 s. 79(1). (2) drafting. (3) 1964 s. 79(6). 387(1), (2) 1964 s. 75(5). (3) 1964 s. 76(2). (4) 1964 s. 75(6). (5) 1964 s. 75(6); 1980 Sch. 23 para. 7; 1982 (c. 48) ss. 37, 46(1). 388 1964 s. 90. 389(1) 1964 ss. 78(1), 81(3); 1977 (c. 42) Sch. 23 para. 36; 1980 s. 72. (2) 1964 ss. 78(2), (3), 81(5). (3) 1964 ss. 78(4); 81(5). 390(1) 1964 s. 89(1). (2) 1964 s. 89(2). 391(1) 1964 s. 88(1), (2). (2) 1964 s. 88(3). (3), (4) 1964 s. 88(2). (5) 1964 Sch. 4 para. 3. 392(1) 1964 s. 86(1). (2) 1964 s. 86(2). (3) 1964 s. 86(3). (4) 1964 s. 86(4). (5) 1964 s. 86(9). 393(1) 1964 s. 86(4). (2) 1964 s. 86(6), (7). (3) 1964 s. 86(4). (4) drafting. 394 drafting. 395(1) 1957 s. 159(c); 1961 s. 28(2); 1964 s. 91(5); R.20(i). (2) 1957 s. 159; 1961 s. 23(6); 1964 s. 65(4); 1969 s. 61(5); 1980 Sch. 24 para. 12; R.20(i). (3) 1957 s. 159. 396(1) 1957 s. 160. (2) 1957 s. 160; 1977 (c. 45) s. 31(6); 1982 (c. 48) ss. 37, 46(1). 397(1) 1964 s. 68(1); 1969 s. 61(5); 1980 Sch. 24 para. 12; R.20(ii). (2) 1964 s. 68(2); 1980 Sch. 24 para. 12; R.20(ii). (3) 1964 s. 68(5). (4) 1964 s. 68(4). (5) 1964 s. 68(3). 398(1) drafting. (2) 1961 s. 23(7); R.18(ii). (3) 1957 s. 189(1); 1961 s. (2); 1964 s. 91(5); 1980 Sch. 24 para. 10. (4) 1961 s. 23(7). (5) 1957 s. 39(2); 1961 s. 15(1)(a); 1964 s. 91(1). (6) 1961 s. 13(2); 1964 s. 91(1). 399 “dispossessed proprietor” 1964 s. 78(6). “final determination” 1964 s. 91(4). “house” 1957 s. 189(1); 1961 s. 28(2); 1964 s. 91(5); 1969 s. 63(11); 1980 Sch. 24 para. 10. 400 drafting. Part XII 401 1936 (c. 49) s. 235. 402 1936 (c. 49) s. 236. 403 1936 (c. 49) s. 237. 404(1) 1936 (c. 49) ss. 238(1), 283(1). (2), (3) 1936 (c. 49) s. 238(1). (4)-(6) 1936 (c. 49) s. 238(2)-(4). 405(1) 1936 (c. 49) s. 239. (2), (3) 1936 (c. 49) s. 300(2), (3). (4) 1936 (c. 49) s. 301; 1971 (c. 23) s. 56(2), Sch. 9 Pt. 1. (5) 1936 (c. 49) s. 302. 406 1936 (c. 49) s. 240. 407(1), (2) 1936 (c. 49) s. 241(1), (2). (3), (4) 1936 (c. 49) s. 241(3). (5) 1936 (c. 49) s. 241(4). 408(1) 1936 (c. 49) ss. 246, 296. (2) 1936 (c. 49) s. 246; 1967 (c. 80) s. 92 Sch. 3 Pt. I; 1982 (c. 48) ss. 37, 46(1). (3) 1936 (c. 49) s. 297. 409 1936 (c. 49) s. 247; 1984 (c. 22) Sch. 2 para. 2. 410(1) 1936 (c. 49) s. 1(1). (2) 1936 (c. 49) ss. 322-326. 411(1) 1936 (c. 49) s. 287(1). (2), (3) 1936 (c. 49) s. 287(2). (4), (5) 1936 (c. 49) s. 287(3), (4). 412(1) 1936 (c. 49) ss. 288, 296. (2) 1936 (c. 49) s. 288; 1967 (c. 80) s. 92, Sch. 3 Pt. I; 1982 (c. 48) s.. 37, 46(1). 413 1936 (c. 49) s. 298. 414(1) 1936 (c. 49) s. 248(1). (2), (3) 1936 (c. 49) s. 248(2), (3); 1972 (c. 70) Sch. 29 Pt. para. 4(1)(a). 415 1936 (c. 49) s. 341. 416 drafting. Part XIII 417(1) 1972 s. 12(1); 1974 s. 106(1), Sch. 13 para. 24. (2) 1972 s. 12(1)(e); 1974 Sch. 13 para. 24. (3) 1972 s. 104(1) “houses and other property within the account”. (4) 1972 s. 12(3). 418 drafting. 419(1) 1980 s. 135(1). (2) 1980 s. 135(2); (10) “housing stock”. (3) 1980 s. 135(3), (10) “expenditure”, “housing stock”. (4)-(6) 1980 s. 135(4)-(6). (7) 1980 s. 135(9). 420(1) 1972 Sch. 1 para. 5(1); 1980 s. 135(8). (2) 1972 Sch. 1 para. 5(2). (3) 1972 Sch. 1 para. 5(3). (4) 1972 Sch. 1 para. 5(4). 421(1) 1980 s. 96(1)(a). (2)-(4) 1980 s. 103(1)-(3). 422(1), (2) 1980 s. 97(1), (2). 423(1), (2) 1980 s. 98(1), (2). 424(1)-(4) 1980 s. 99(1)-(4). 425(1) 1980 s. 100(1). (2) 1980 s. 100(2); 1978 (c. 30) s. 17(2)(a). (3)-(5) 1980 s. 100(3)-(5). (6) 1980 s. 100(4); 105 “year of account”. 426(1) 1980 s. 101(1). (2) 1980 s. 101(1). (2) 1980 s. 101(2)(b). (3) 1980 s. 101(3)(b). (4), (5) 1980 s. 101(4), (5). 427(1)-(3) 1980 s. 102(1)-(3). 428(1) 1957 s. 136(1); 1958 s. 54(1); 1969 Sch. 8 para. 19. (2) 1957 s. 136(3); 1958 s. 54(3); 1969 Sch. 8 para. 19. 429(1) 1980 s. 108(1), (2), (4) “local authority”. (2) 1980 s. 108(3); S.I. 1981/723. (3) 1980 s. 151(1), (3). (4) 1980 s. 108(4) “house”. 430(1) 1957 s. 142; 1972 (c. 70) s. 153(1). (2) 1957 s. 142; 1959 (c. 53) s. 27(1)-(3); 1972 (c. 70) s. 153(2). 431(1) 1974 ss. 84 “housing authority”, 105(1), (3); 1976 (c. 75) Sch. 7 para. 15. (2) 1974 s. 105(2). (3) 1974 s. 105(3). 432 drafting. 433 “year” 1972 s. 104(1) “year”; 1975 s. 16(1) “year”; 1978 (c. 30) Sch. 1 “financial year”; 1980 s. 105 “year”. 434 drafting. Part XIV 435(1) 1958 s. 43(1); 1974 (c. 7) s. 37(2). (2) 1958 s. 43(5); 1974 (c. 7) s. 37(5). (3) 1958 s. 43(1). (4) 1958 s. 43(4). 436(1) 1958 s. 43(3). (2) 1958 s. 43(3)(a), (f). (3) 1958 s. 43(3)(b), (e); R.21. (4) 1958 s. 43(3)(d). (5), (6) 1958 s. 43(3)(c); 1974 (c. 7) s. 37(4); R.22. 437 1957 s. 104(4); 1980 s. 91. 438(1) 1980 s. 110(1), (2); 1984 Sch. 11 para. 26. (2) 1980 s. 110(11)-(13). (3) 1980 s. 110(14); drafting. 439(1), (2) 1958 s. 43(2). (3) 1958 s. 43(2A); 1974 (c. 7) s. 37(3). 440 1958 s. 44. 441(1)-(3) 1980 s. 110(1), (2), (11), (12); R.22. (4) 1980 s. 110(12). (5) 1980 s. 151(1), (3). 442(1) 1980 s. 111(1); 1984 s. 20(1). (2)-(4) 1980 s. 111(3)-(5); 1984 s. 20(2)-(4). (5) 1980 s. 111(5)(b); 1984 s. 20(4)(b). 443(1), (2) 1984 s. 21(1), (2), (4). (3) 1984 s. 21(3). 444(1), (2) 1984 s. 20(5) “recognised body”. (3) 1984 s. 20(6). (4) 1984 ss. 18(3), (4) “conveyance”, “grant”, 20(5) “relevant advance”. 445(1), (2) 1978 s. 1(1), (2). (3) 1978 s. 1(2). (4) 1978 s. 2(7). 446(1) 1978 s. 1(4). (2) 1978 s. 1(3), (5). (3) 1978 s. 1(3). (4) 1978 s. 1(5). (5) 1978 s. 1(6). (6) 1978 s. 2(7). 447(1) 1978 Sch. 1 Part I. (2) 1978 s. 2(1). (3) 1978 s. 2(7). 448(1) 1978 Sch. 1 Part II. (2) 1978 s. 2(1). (3) 1978 s. 2(7). 449(1) 1978 s. 2(2). (2) 1978 s. 2(3). (3) 1978 s. 2(4). 450(1) 1978 ss. 3(1), (3), (4), 4(2); drafting. (2) 1978 ss. 3(2), (3), 4(2); drafting. 451(1) 1958 s. 47(1), (2). (2) 1958 s. 47(3), (5)(c), (6). (3) 1958 s. 47(5)(c). (4) 1958 s. 47(6) proviso (b). (5) 1958 s. 47(5)(a), (b). (6) 1958 s. 47(2)(c); drafting. 452(1), (2) 1984 ss. 18(3), (4) “conveyance”, “grant”, 19(1). (3) 1984 s. 19(3). (4) 1984 s. 19(4). (5) 1984 s. 19(2). (6) 1980 s. 112(1), (2). 453(1) 1984 s. 24(1). (2) 1984 s. 18(3). 454 1978 s. 2(5); 1980 s. 111(8); 1984 s. 20(7); S.I. 1983/1122 Art. 2(2). 455(1) 1984(D) s. 28(1). (2) 1984(D) s. 28(2). (3) 1984(D) s. 28(4). 456 drafting. 457 1958 s. 58(1) “house”. 458 “the corresponding Northern Ireland provisions” 1978 ss. 2(5); 4(2); S.I. 1983/1122, Art. 2(2); drafting. “the corresponding Scottish provisions” 1978 passim; drafting “designated building society” 1978 Sch. 1 Part I. “long lease” 1984 s. 18(4) “long lease”. 459 drafting. Part XV 460(1) 1974 s. 56(1), (2); drafting. (2) 1974 s. 56(1). (3) 1974 ss. 56(1), 84 “housing authority”; 1976 (c. 75) Sch. 7 para. 13. 461(1) 1974 ss. 57(1), 61(1)(a), 65(1)(a), 69(1)(a), 71(1)(a). (2) 1974 s. 57(2). (3) 1974 s. 57(6). (4) 1974 s. 57(6A); 1980 Sch. 12 para. 2. 462(1) 1974 s. 56(3), (4). (2) 1974 s. 56(4). 463(1) 1974 s. 57(3); 1980 s. 106(1), Sch. 12 paras. 1, 26(1), 28; R.23. (2) 1974 s. 57(3); R.23. (3), (4) 1980 s. 106(1). (5) 1974 s. 84 “prescribed”; 1980 ss. 106(5), 151(1), (3). (6) 1974 s. 57(3). 464(1) 1974 s. 60(1), (1A), (2); 1980 Sch. 12 para. 29. (2) 1980 s. 106(2), (3); R.23. (3) 1974 s. 60(3); 1980 Sch. 12 para. 5. (4) 1974 s. 60(4); 1980 Sch. 12 para. 5. (5) 1974 s. 60(5); 1980 s. 106(2), Sch. 12 para. 6. 465(1), (2) 1974 s. 57(5); 1980 Sch. 12 para. 26(2). 466(1)-(3) 1974 s. 57(4). 467(1) 1974 s. 56(2)(a). (2) 1974 s. 84 “improvement”, “relevant standard”. 468(1) 1974 s. 61(2). (2) 1974 s. 61(3); 1980 Sch. 12 para. 20(1). (3) 1974 s. 61(4). (4) 1974 s. 61(4A); 1980 Sch. 12 para. 20(2). (5) 1974 s. 61(5). 469(1)-(3) 1974 s. 62(1), (2). (4) 1974 s. 62(3). (5) 1974 s. 128(1), (1A), (3); 1980 Sch. 25 para. 30. (6) 1974 s. 62(4). (7) 1974 s. 62(5), (6); 1980 Sch. 12 para. 7. 470(1), (2) 1974 s. 61(1). 471(1) 1974 s. 63(1). 471(2) 1974 s. 63(2). (3) 1974 s. 57(7). (4) 1974 s. 63(3). (5) 1974 s. 84 “prescribed”. (6) 1974 s. 128(1), (1A), (3); 1980 Sch. 25 Para. 30. 472(1) 1974 s. 64(3). (2) 1974 s. 64(3), (8). (3) drafting. (4) 1974 ss. 64(4), 128(1A); 1980 Sch. 25 para. 30. (5) 1974 s. 64(5). 473(1) 1974 s. 64(1). (2) 1974 s. 64(2). (3) 1974 s. 57(7). (4) 1974 s. 64(6). 474(1) 1974 ss. 56(2)(b), 65(3)(b). (2) 1974 s. 84 “improvement”; R.24(i). 475(1) 1974 s. 65(2). (2) 1974 s. 65(2); 1975 Sch. 5 para. 16(1). (3) 1974 s. 65(3); 1975 Sch. 5 para. 16(3). (4) 1974 s. 65(2A); 1975 Sch. 5 para. 16(2). (5) 1974 s. 65(4); 1975 Sch. 5 para. 16(4). 476 1974 s. 66; 1980 Sch. 12 para 9. 477 1974 s. 67(2). 478 1974 s. 67(3); 1980 Sch. 12 para. 10(2). 479(1), (2) 1974 s. 67(1). 480(1) 1974 s. 68(1). (2) 1974 s. 68(4). (3) 1974 s. 57(7). (4) 1974 s. 68(2). 481(1) 1974 s. 68(3); 1980 Sch. 12 para. 11. (2), (3) 1974 s. 68(3A); 1980 Sch. 12 para. 11. (4) 1974 s. 84 “prescribed”. (5) 1974 ss. 68(3B), 128(1), (1A); 1980 Sch. 12 para. 11 Sch. 25 para. 30. 482(1), (2) 1974 s. 68(5). (3) 1974 s. 57(7). (4) 1974 s. 68(6). 483(1) 1974 s. 56(2)(c); 1980 Sch. 12 para. 15. (2) 1974 s. 84 “improvement”, “relevant standard”; 1980 Sch. 12 para. 16(2); R.24(ii). 484 1974 s. 69(2); 1980 Sch. 12 para. 16. 485(1) 1974 s. 69(2A), (2C); 1980 Sch. 12 para. 16. (2) 1974 s. 69(2B); 1980 Sch. 12 para. 16. 486(1) 1974 s. 69A(1), (2); 1980 Sch. 12 para. 17. (2) 1974 ss. 57(3), (5), 69(2)(a), 69A(1), (2); 1980 Sch. 12 paras. 16, 17, 26(1), (2). 487(1), (2) 1974 s. 69(1). 488(1) 1974 s. 70(1); 1980 Sch. 12 para. 18(1). (2) 1974 s. 57(7). (3) 1974 s. 70(2); 1980 Sch. 12 para. 18(1). 489(1)-(4) 1974 s. 70A(1)-(4); 1980 Sch. 12 para. 19. (5) 1974 s. 84 “prescribed”.. (6) 1974 ss. 70A(5), 128(1), (1A); 1980 Sch. 12 para. 19, Sch. 25 para. 30. 490(1), (2) 1974 s. 70(3), (4); 1980 Sch. 12 para. 18(1). (3) 1974 s. 57(7). (4) 1974 s. 70(5); 1980 Sch. 12 para. 18(1). 491(1) 1974 s. 56(2)(d). (2) 1974 s. 71(2); 1980 Sch. 12 para. 12(1). (3) 1974 ss. 84 “prescribed”, 128(1), (1A), (3); 1980 Sch. 25 para. 30. 492(1) 1974 s. 71(3A)(a); 1980 Sch. 12 para. 12(2). (2) 1974 s. 71(3A)(b), (3B); 1980 Sch. 12 para. 12(2). (3) 1974 s. 128(1), (1A), (3); 1980 Sch. 25 para. 30. 493(1) 1974 s. 71(3), (5); 1980 Sch. 12 para. 20(3). (2) 1974 s. 71(4). 494(1) 1974 s. 71A; 1980 Sch. 12 para. 13. (2) 1974 ss. 57(3), (5), 71A; 1980 Sch. 12 paras. 13, 26(1), (2). 495(1), (2) 1974 s. 71(1). 496(1) 1974 s. 72(1). (2) 1974 s. 57(7). (3) 1974 s. 72(2). 497(1) 1974 s. 72(3). (2) 1974 s. 84 “prescribed”. (3) 1974 ss. 72(3A), 128(1A); 1980 Sch. 12 para. 14(1), Sch. 25 para. 30. 498(1) 1974 s. 72(4); 1980 Sch. 12 para. 14(2). (2) 1974 s. 72(4A); 1980 Sch. 12 para. 14(2). (3) 1974 s. 57(7). (4) 1974 s. 72(5); 1980 Sch. 12 para. 14(3). 599(1) 1974 s. 73(1). (2) 1974 ss. 73(1), 75(6). (3) 1974 s. 75(6). 500(1), (2) 1974 s. 73(2). (3) 1974 s. 73(3); 1980 Sch. 12 para. 21. (4) 1974 s. 73(5). 501(1) 1974 s. 73(4). (2) 1974 s. 73(4); 1980 Sch. 12 para. 22. (3) 1974 s. 73(3); 1980 Sch. 12 para. 21. (4) 1974 s. 73(3); 1980 Sch. 12 para. 30. 502 1974 s. 73(6). 503(1) 1974 s. 74(1); 1980 Sch. 12 para. 23. (2) 1974 s. 74(3), (3A); 1980 s. 106(4), Sch. 12 para. 24. (3) 1974 s. 74(2A); 1980 Sch. 12 para. 23.. 504(1) 1974 s. 74(2); 1977 (c. 42) Sch. 23 para. 62. (2) 1974 s. 74(4); 1977 (c. 42) Sch. 23 para. 63. 505(1) 1974 s. 75(3), (4). (2) 1974 s. 75(2). (3) 1974 s. 75(5); 1975 (c. 76) Sch. 1. 506(1), (2) 1974 s. 76(1), (2), (3); 1980 (c. 65) Sch. 6 para. 17. (3) 1974 s. 76(4). (4) 1974 s. 76(5); 1975 Sch. 5 para. 17. 507(1) 1974 s. 77(1). (2) 1974 s. 77)2). (3) 1974 s. 77(3). 508(1) 1974 ss. 58(1), 69(3), Sch. 6; S.I. 1983/613 Art. 6. (2) 1974 s. 58(2). (3) 1974 ss. 58(2), (3), 128(1), (1A); 1980 Sch. 12 para. 3, Sch. 25 para. 30. 509(1) 1974 s. 59(1); 1980 Sch. 12 para. 4. (2) 1974 ss. 59(2), 128(1), (1A); 1980 Sch. 12 para. 4, Sch. 25 para. 30. 510 1974 s. 80. 511(1) 1974 ss. 61(1), 65(1), 69(1), 71(1). (2) 1974 s. 82(3). (3) 1974 s. 82(4); 1980 Sch. 12 para. 25. 512(1) 1974 s. 82(5). (2) 1974 s. 82(1). (3) 1974 s. 82(2). (4) 1974 s. 82(6), (7); 1980 (c. 65) Sch. 6 para. 19. 513(1), (2) 1974 s. 83(1). 514(1) 1969 s. 75(1); 1974 Sch. 13 para. 20(1). (2) 1969 s. 75(3). (3) 1969 s. 75(2); 1974 Sch. 13 para. 20(2). 515(1) 1974 s. 81(1). (2) 1974 s. 81(2); 1980 Sch. 12 para. 32; 1980 (c. 65) Sch. 6 para. 18. 516(1)-(3) 1974 s. 78(1)-(3). (4) 1974 s. 78(7). (5) 1974 s. 78(6). (6) 1974 s. 127(2). 517(1) 1974 s. 78(4). (2) 1974 ss. 78(5)(a), 128(1), (1A); 1980 Sch. 25 para. 30. (3) 1974 s. 78(4), (5)(b). 518(1) 1974 s. 84 “dwelling for disabled occupant”, “disabled occupant”; 1975 Sch. 5 para. 19(2). (2) 1974 s. 84 “disabled person”, “welfare authority”; 1975 Sch. 5 para. 19(2). (3) 1974 s. 84 “improvement”; 1975 Sch. 5 para. 19(1). 519 1974 ss. 61(3)(b), 67(3), 68(3A), 69(2C), 71(5); 1980 Sch. 12 paras. 10(2), 11, 16, 20(1), (3). 520(1), (2) 1974 s. 129(3), (4). 521(1), (2) 1978(I) s. 1(1), (2). (3) 1978(I) s. 1(4). 521(4) 1978(I) s. 1(5), (6). (5) 1978(I) s. 1(4), (5)(b), (9). (6) 1978(I) s. 1(9). 522(1), (2) 1978(I) s. 2(1). (3), (4) 1978(I) s. 1(7). (5) 1978(I) s. 2(2). 523(1) 1964 s. 96(1), (5). (2) 1964 s. 96(2). (3) 1964 s. 96(4). 524 drafting. 525 “agricultural population” 1974 s. 84 “agricultural population”. “charity trustees” 1974 s. 84 “charity trustees”. “dwelling” 1974 s. 129(1) “dwelling”. “house in multiple occupation” 1974 s. 129(1) “house in multiple occupation”. “improvement” 1974 s. 84 “improvement”. “owner” 1974 s. 84 “owner”. 526 drafting. Part XVI 527 1984(D) s. 2(1), (7). 528(1)-(3) 1984(D) s. 1(1)-(3). (4) 1984(D) s. 1(7). (5), (6) 1984(D) s. 1(5), (6). 529(1)-(3) 1984(D) s. 1(4). (4) 1984(D) s. 1(5). 530(1) 1984(D) s. 2(8)(a). (2), (3) 1984(D) s. 2(9), (10). (4) 1984(D) s. 2(8)(b). 531(1)-(4) 1984(D) s. 2(2), (3). 532(1) 1984(D) s. 2(6). (2) 1984(D) s. 27(5), (6). (3) 1984(D) s. 2(8)(d). (4) 1984(D) s. 2(8)(c). 533(1), (2) 1984(D) s. 2(4), (5). 534 1984(D) s. 3(1). 535(1) 1984(D) s. 3(8). (2) 1984(D) s. 3(9). (3) 1984(D) s. 3(8), (9). 536(1)-(3) 1984(D) s. 4(1). 537(1) 1984(D) s. 3(2). (2), (3) 1984(D) s. 3(3), (5). 538(1) 1984(D) s. 3(4). (2) 1984(D) s. 3(6). 538(3) 1984(D) ss. 3(6)(a), 24(1), (2). (4) 1984(D) s. 3(6)(b). 539(1) 1984(D) s. 3(7). (2) 1984(D) s. 4(6). 540(1), (2) 1984(D) s. 4(2). (3)-(5) 1984(D) s. 4(3)-(5). 541(1), (2) 1984(D) s. 5(1), (2). 542(1)-(3) 1984(D) s. 5(3)-(5). (4) 1984(D) s. 5(3). 543(1)-(3) 1984(D) Sch. 1 para. 1(1)-(3). (4), (5) 1984(D) Sch. 1 para. 2(1), (2). (6) 1984(D) s. 24(1), (5). 544 1984(D) Sch. 1 para. 3. 545(1)-(3) 1984(D) Sch. 1 para. 4(1)-(3). 546(1), (2) 1984(D) Sch. 1 para. 5(1), (2). 547 drafting. 548(1) 1984(D) s. 26(2). (2) 1984(D) s. 26(3), (4). (3) 1984(D) s. 26(5), (6). (4) 1984(D) s. 24(1). 549(1)-(4) 1984(D) s. 9(1)-(4). 550(1), (2) 1984(D) s. 8(1), (2). (3)-(5) 1984(D) s. 8(3). (6) 1984(D) s. 8(9). 551(1) 1984(D) ss. 8(4), 9(6). (2) 1984(D) ss. 8(5), 9(7). (3) 1984(D) ss. 8(6), 9(8). (4) 1984(D) ss. 8(8), 9(10). (5) 1984(D) ss. 8(7), 9(9). 552(1), (2) 1984(D) s. 11(1), (2). 553(1) 1984(D) ss. 9(5), 10(1), (10), 26(7), (8). (2) 1984(D) s. 10(10), (11). 554(1) 1984(D) ss. 9(5), 10(1), (3), 26(7), (8)(a). (2) 1984(D) ss. 9(5), 10(3). (3) 1984(D) ss. 10(3), 26(7), (8)(b). (4) 1984(D) ss. 10(5), 26(8)(d). 555(1) 1984(D) ss. 9(5), 10(1), (4), 26(7)(a). (2) 1984(D) s. 10(5). (3) 1984(D) s. 10(9). 556(1) 1984(D) ss. 10(1), (6), 26(8)(e) Sch. 3 paras. 1 “current dwelling-house”, 2. (2) 1984(D) s. 10(6), Sch. 3 para. 3. 557(1), (2) 1984(D) ss. 9(5)(b), 10(7), (8), 26(8)(c), (f). (3) 1984(D) s. 10(8). 558 1984(D) s. 10(1)(b), (2), Sch. 3 para. 1 “dwelling-house”. 559(1) 1984(D) s. 12(1), (5). (2)-(4) 1984(D) s. 12(2)-(4). (5) 1984(D) s. 12(9). (6) 1984(D) s. 12(8). 560(1)-(3) 1984(D) s. 12(5). 561(1) 1984(D) s. 12(6)(a). (2) 1984(D) s. 12(6)(b). (3) 1984(D) s. 12(7). 562(1), (2) 1984(D) s. 14(1). (3) 1984(D) s. 14(2). 563(1)-(5) 1984(D) s. 14(3)-(7). 564(1), (2) 1984(D) s. 16(1), (2). 565(1) 1984(D) s. 3(10). (2) 1984(D) ss. 8(10)(a), 9(11). 566 drafting. 567(1)-(3) 1984(D) s. 21(1)-(3). (4), (5) 1984(D) s. 21(4). (6) 1984(D) ss. 21(5), 24(1), (4). 568(1)-(4) 1984(D) s. 22(1)-(4). (5) 1984(D) ss. 22(5), (24(1), (4). (6) 1984(D) s. 22(6). 569(1)-(3) 1984(D) s. 19(1)-(3). (4) 1984(D) s. 19(5). (5) 1984(D) s. 19(6). (6) 1984(D) s. 19(7), (8). 570(1) 1984(D) s. 19(3). (2) 1984(D) ss. 19(4), 24(1). (3) 1984(D) s. 19(3), (4)(c). 571(1), (2) 1984(D) s. 15(1),(2). 572(1) 1984(D) s. 17(1), (2). (2) 1984(D) s. 17(1). (3) 1984(D) s. 17(3). (4), (5) 1984(D) s. 17(4), (5). (6) 1984(D) s. 24(3). 573(1) 1984(D) Sch. 4 para. 1 and passim. (2) 1984(D) Sch. 4 para 2(1)(a), (3). (3) 1984(D) Sch. 4 para. 3(1)(a), (3). (4) 1984(D) Sch. 4 paras. 2(1)(b), 3(1)(b). (5) 1984(D) Sch. 4 paras. 2(2), 3(2). (6) 1984(D) s. 24(1). 574 1984(D) s. 27(4). 575(1), (2) 1984(D) s. 27(2). (3) 1984(D) s. 27(3). 576 1978 Sch. paras. 6, 7, 8; 1984(D) s. 27(1) “lending institution”. 577 drafting. Part XVII 578 1957 Sch. 1 para. 1(1), Sch. 7 para. 1(1); 1961 (c. 33) s. 1; 1965 (c. 56) s. 1(1); 1969 s. 32(2); 1974 s. 43(2); 1981 (c. 67) Sch. 4 para. 1. 579(1) 1957 s. 43(3); drafting. (2) 1957 s. 59(1); 1965 (c. 56) s. 34(1) 580 1957 Sch. 3 para. 7(1), (2). 581(1)-(4) 1957 s. 150(1)-(4). 582(1) 1964 s. 72(1); (2); 1969 Sch. 8 para. 5; 1974 s. 43(5). (2) 1964 s. 72(1); 1974 Sch. 13 para. 10(5)(a). (3) 1964 s. 72(2)(a). (4) 1964 s. 72(2)(a); (2A); 1974 Sch. 13 para. 10(5)(b)(c). (5) 1964 s. 72(2)(b); 1974 Sch. 13 para. 10(5)(b). (6) 1964 s. 72(2). (7) 1964 s. 72(4)(4A); 1984 (c. 28) Sch. 2 para. 27. (8) drafting. 583(1)-(3) 1957 s. 98, Sch. 1 para. 3, Sch. 3 para. 10; 1965 (c. 56) Sch. 7; 1969 Sch. 8 para. 10. (4) 1957 s. 189(1) “house”. 584(1)-(3) 1957 ss. 62(1), 101(1); 1969 Sch. 8 para. 11; R.25. (4) 1957 ss. 62(2), 101(2); 1965 (c. 56) Sch. 7; 1978 (c. 30) s. 17(2)(a). 585(1) 1957 ss. 12(4), 29(2), 59(2); 1961 (c. 64) Sch. 1 Pt. III. (2) 1957 s. 59(2) proviso. (3) 1957 ss. 12(4), 29(2); drafting. 586 drafting. 587 drafting. 588(1) 1957 Sch. 2 para. 1(3); 1969 Sch. 4. (2) 1957 s. 30(7), Sch. 2 para. 7(3); 1969 Sch. 5 para. 5(4), Sch. 6 para. 4, Sch. 8 para. 7. 589(1) 1961 (c. 33) Sch. 2 paras. 1(2), 6(2); 1969 Sch. 8 para. 24. (2) 1961 (c. 33) Sch. 2 paras. 3(1), (2), (4), 6(2); 1969 Sch. 8 paras. 23, 24. (3) 1961 (c. 33) Sch. 2 para. 3(3), (5). (4)-(6) 1961 (c. 33) Sch. 2 para. 3(3A)-(3C); 1980 (c. 65) Sch. 33 para. 6(3). 590(1) 1969 s. 69; 1974 Sch. 13 para. 19. (2) 1969 s. 69 Sch. 5 para. 5(2) “interest”; 1976 (c. 80) Sch. 8 para. 28; 1977 (c. 42) Sch. 23 para. 48. (3) 1976 (c. 57) s 10(3). (4), (5) 1976 (c. 57) s. 10(4). (6) 1957 Sch. 2 para. 3(1), (2); 1969 Sch. 4; 1976 (c. 57) s. 10(5). 591(1) 1957 Sch. 2 paras. 4(1), 5(1), 7(1); 1965 s. 2(1), (2), (6); 1974 Sch. 13 para. 11. (2) 1957 Sch. 2 para. 5(1); drafting. (3) 1957 Sch. 2 para. 5(1); 1969 Sch. 5 para. 4. (4) 1965 s. 2(2). (5) 1965 s. 2(5). (6) 1957 Sch. para. 7 “house”, “interest”; 1965 s. 2(6); 1976 (c. 80) Sch. 8 para. 28; 1977 (c. 42) Sch. 23 para. 48. 592(1)-(3) 1957 Sch. 2 para. 5(2). (4) 1965 s. 2(3). (5) 1957 Sch. 2 para. 5(2). 593 1974 s. 115(1). 594(1) 1974 s. 115(2), (3). (2) 1974 s. 115(2). (3) 1974 s. 115(3). (4) 1974 ss. 114(8) “effective data”, 115(4), (5); 1975 Sch. 5 paras. 21, 22. (5) 1974 s. 115(4). (6) 1974 s. 115(10). 595(1) 1974 s. 115(5); 1975 Sch. 5 para. 22. (2), (3) 1974 s. 115(6), (7). (4) 1974 s. 115(9). 596 1957 s. 63(2). 597(1) 1957 s. 74(4). (2) 1957 s. 74(4); 1961 (c. 33) Sch. 4 para. 10. (3) 1957 s. 74(4); 1961 (c. 33) s. 5 rule (1), Sch. 4 Para. 10. 598 1957 Sch. 3 para. 8(5); R.26(i). 599 1957 Sch. 1 para. 1(3), Sch. 3 para. 8(7), Sch. 7 para. 1(3); 1978 (c. 30) s. 17(2)(a). 600(1), (2 1957 s. 159(c). 601(1), (2) 1957 s. 160; 1977 (c. 45) s. 31(6); 1982 (c. 48) ss. 37, 46(1). 602 “house” 1957 s. 189(1) “house” para. (a). “owner” 1957 s. 189(1) “owner”. 603 drafting. Part XVIII 604(1) 1957 s. 4(1); 1958 s. 58(3); 1969 s. 71. (2) 1959(U) s. 1(1). 605(1), (2) 1969 s. 70; 1974 s. 48(3). 606(1) 1957 s. 157(1), (3), (5); 1972 (c. 70) Sch. 29 paras. 1(1), 4(a). (2), (3) 1957 s. 157(2); 1972 (c. 70) Sch. 22 para. 14(1). 607 1957 s. 149(1); R.27. 608 1957 s. 149(2). 609 1957 s. 151; R.1(ii); R.27. 610(1), (2) 1957 s. 165; 1978 (c. 30) s. 17(2)(a). 611(1)-(5) 1957 s. 65(4)-(6). (6) 1957 ss. 65(7), 189(1) “apparatus”, “statutory undertakers”. 612 1957 s. 158(1); 1976 (c. 80) Sch. 8 para. 4; 1977 (c. 42) Sch. 23 para. 26. 613(1), (2) 1961 s. 23(4), (5); 1964 s. 65(6); 1969 s. 61(3); 1974 s. 47(8), (9); 1984 Sch. 4 para. 9(2), (3); R.28. 614(1), (2) 1936 (c. 49) s. 283(2); 1957 s. 178; 1974 s. 104(4)(c), Sch. 10 para. 1(2); 1975 Sch. 25 para. 25; R.27. (3) drafting. 615(1), (2) 1957 s. 179; 1969 Sch. 8 para. 13; 1974 s. 104(4)(d); R.27. 616 1936 (c. 49) s. 318; 1957 s. 181; 1969 Sch. 8 para. 14; R.27. 617(1) 1964 s. 102(1); 1974 s. 103(1). (2) 1964 s. 102(2). (3) 1964 s. 103)1); 1974 s. 103(2). (4) 1964 s. 103(2); 1974 s. 103(3). 618(1)-(3) 1957 s. 187(1), (2); R.27. (4) 1957 s. 187(3); 1982 (c. 48) ss. 37, 46(1). 619(1) 1972 (c. 70) s. 180(1)(d). (2) 1985 (c. 51) s. 94(1). 620(1), (2) 1972 s. 103; 1975 Sch. 5 para. 7(1); S.I. 1972/1204; S.I. 1973/886; S.I. 1975/512; R.29. 621(1)-(3) drafting. 622 “bank” 1978 Sch. 1 para. 7; 1979 (c. 37) Sch. 6 para. 11; and passim; R. “building regulations” 1957 ss. 12(4), 29(2), 59(2) 189(1) “building byelaws”; 1961 (c. 64 Sch. 1 Pt. III; 1978 (c. 30) s. 17(2)(a); 1984 (c. 55) s. 89(2), Sch. 5 para. 2. “building society” drafting. “cemetery” 1980 ss. 27(1), 50(1) “cemetery”; 1984 Sch. 11 para. 24. “charity” 1980 ss. 2(1), 2(a), 28(4)(e). “district valuer” 1957 Sch. 2 para. 3(2); 1967 (c. 9) s. 115(1) “valuation officer”; 1980 s. 27(2) “district valuer”; 1984(D) s. 9(11), Sch. 2 para. 3(7); and passim. “friendly society” 1978 Sch. 1 para. 9; and passim. “general rate fund” 1972 s. 104(1) “general rate fund”; 1975 s. 16(1) “general rate fund”. “hostel” 1974 s. 129(1) “hostel”. “insurance company” 1978 Sch. 1 para. 8; 1978 (c. 30) s. 17(2)(a); and passim. “protected occupancy” drafting. “protected tenancy” drafting. 622 “regular armed forces of the Crown” 1977 s. 18(4); 1975 (c. 24) s. 1(3) “regular armed forces of the Crown”; 1976 (c. 52) s. 20(6); 1980 Sch. 1A para. 10(1) “regular armed forces of the Crown”; 1984 s. 3(5), Sch. 2. “the Rent Acts” drafting. “restricted contract” drafting. “shared ownership” drafting. “standard scale” 1982 (c. 48) s. 75(a). “statutory maximum” 1982 (c. 48) s. 74(1). “statutory tenancy” drafting; R.14(i). “street” 1957 s. 189(1) “street”. “subsidiary” drafting. “trustee savings bank” 1978 Sch. 1 para. 6; 1978 (c. 30) s. 17(2)(a); and passim. 623 “house” 1957 s. 189(1) “house” para. (a). “owner” 1957 s. 189(1) “owner”. 624(1)-(3) drafting. 625 drafting. Schedules Sch. 1 para. 1 1980 Sch. 3 para. 1(1). 2(1) 1980 Sch. 1 para. 1(3), Sch. 3 para. 2(1); 1984 s. 2(2), Sch. 11 para. 33(2). (2) 1980 Sch. 3 para. 2A; 1984 s. 36(2). (3) 1980 Sch. 3 para. 2B(1); 1984 s. 36(2). (4) 1980 Sch. 3 para. 2C; 1984 s. 36(2). (5) 1980 Sch. 3 paras. 2(2), 2B(2); 1984 s. 36(2). 3 1980 Sch. 3 para. 4. 4 1980 Sch. 3 para. 5. 5 1980 Sch. 3 para. 6; 1984 s. 36(3). 6 1980 Sch. 3 para. 7. 7 1980 Sch. 3 para. 9. 8 1980 Sch. 3 para. 8; 1984 Sch. 11 para. 33(3). 9 1980 Sch. 3 para. 10. 10(1)-(4) 1980 Sch. 3 para. 11. (5) 1980 s. 151(1), (3). 11 1980 Sch. 3 para. 12. 12 1980 Sch. 3 para. 13. Sch. 2 Pt. I Ground 1 1980 Sch. 4 Pt. I ground 1. Ground 2 1980 Sch. 4 Pt. I ground 2. Ground 3 1980 Sch. 4 Pt. I ground 3. Ground 4 1980 Sch. 4 Pt. I ground 4. Ground 5 1980 Sch. 4 Pt. I ground 5. Ground 6 1980 Sch. 4 Pt. I ground 5A; 1984 s. 25(1). Ground 7 1980 Sch. 1 para. 1(2), (3), Sch. 4 Pt. I ground 5B; 1984 ss. 2(1), 25(1). Ground 8 1980 Sch. 4 Pt. I ground 6; 1984 Sch. 11 para. 34. Pt. II Ground 9 1980 Sch. 4 Pt. I ground 7. Ground 10 1980 Sch. 4 Pt. I ground 8. Ground 11 1980 Sch. 4 Pt. I ground 9. Pt. III Ground 12 1980 Sch. 1 para. 1(2), (3), Sch.4 Pt. I ground 9A; 1984 ss. 2(1), 25(2). Ground 13 1980 Sch. 4 Pt. I ground 10. Ground 14 1980 Sch. 4 Pt. I ground 11. Ground 15 1980 Sch. 4 Pt. I ground 12. Ground 16 1980 s. 34(3A), Sch. 4 Pt. I ground 13; 1984 s. 25(3). Pt. IV para. 1 1980 Sch. 4 Pt. II paras. 1(1), (2). 2, 3 1980 Sch. 4 Pt. II para. 2. 4(1)-(3) 1980 Sch. 4 Pt. II para. 3. Sch. 3 1980 Sch. 1, para. 1 Sch. 4A; 1984 s. 26(2), Sch. 7. Sch. 4 para. 1 1980 Sch. 1A para. 1; 1984 s. 3(5), Sch. 2. 2 1980 Sch. 1A para. 2(1)-(4); 1984 s. 3(5), Sch. 2. 3 1980 Sch. 1A para. 2(5); 1984 s. 3(5), Sch. 2. 4(1)-(3) 1980 Sch. 1A para. 4(1)-(3); 1984 s. 3(5), Sch. 2. 5 1980 Sch. 1A paras. 3(1)-(4), 10(1) “armed forces occupier”; 1984 s. 3(5), Sch. 2. 6(1) 1980 Sch. 1A para. 10(1) “public sector tenant”; 1984 s. 3(5) Sch. 2. (2) 1980 Sch. 1A para. 9(1); 1984 s. 3(5) Sch. 2. (3), (4) 1980 Sch. 1A para. 9(5), (6); 1984 s. 3(5) Sch. 2. 7(1)-(3) 1980 Sch. 1A para. 9(2); 1984 s. 3(5) Sch. 2. 8(1) 1980 Sch. 1A para. 9(2); 1984 s. 3(5) Sch. 2. (2) 1980 s. 151(1). 9 1980 Sch. 1A para. 9(3); 1984 s. 3(5) Sch. 2. 10 1980 Sch. 1A para. 9(4); 1984 s. 3(5) Sch. 2; R. Sch. 5 para. 1 1980 s. 2(1), (2)(a). 2 1977 (c. 42) s. 15(3)(d); 1980 s. 2(2)(b). 3 1980 s. 2(2)(c). 4 1980 s. 2(3); 1984 s. 1(3). 5(1), (2) 1980 Sch. 1 Pt. 1 para. 1(1)-(3); 1984 s. 2(1). 6, 7 1980 Sch. 1 Pt. 1 para. 3; 1984 s. 2(2). 8 1980 Sch. 1 Pt. 1 para. 3A; 1984 s. 2(2). 9(1), (2) 1980 Sch. 1 Pt. 1 para. 3B; 1984 s. 2(2). 10(1), (2) 1980 Sch. 1 Pt. 1 para. 4; 1984 s. 2(2). 11(1) 1980 Sch. 1 Pt. 1 para. 5(1); 1984 s. 2(3). (2) 1980 s. 5(2), Sch. 1 Pt. 1 para. 5(2); 1984 s. 2(3). 12(1) 1980 Sch. 1 Pt. 1 para. 6(1), (2); 1984 Sch. 1 para 9. (2) 1980 Sch. 1 Pt. 1 para. 6(3); 1984 Sch. 1 para. 9. (3) 1980 Sch. 1 Pt. 1 para. 6(2)(a); 1984 Sch. 1 para. 9. Sch. 6 Pt. I paras. 1-4 1980 Sch. 2 paras. 1-4. 5 1980 Sch. 2 para. 5; 1984 s. 7(1). 6 1980 Sch. 2 para. 5A; 1984 s. 7(1). 7 1980 Sch. 2 para. 6(a), (b). Pt. II para. 8 1980 Sch. 2 para. 7. 9(1), (2) 1980 Sch. 2 paras. 8, 9; 1984 s. 7(2)(a), (b). 10 1980 Sch. 2 para. 10. Pt. III para. 11 1980 Sch. 2 para. 11(1); 1984 Sch. 1 para. 10(1). 12(1), (2) 1980 Sch. 2 para. 11(2); 1984 Sch. 1 para. 10(1). (3) 1980 Sch. 2 para. 11(3); 1984 Sch. 1 para. 10(1). 13 1980 Sch. 2 para. 12; 1984 Sch. 1 para. 10(2). 14(1) 1980 Sch. 2 para. 13(1); 1984 Sch. 1 para. 10(3)(c). (2) 1980 Sch. 2 para. 13(1A); 1984 Sch. 1 para. 10(3)(a), (b). (3) 1980 Sch. 2 para. 13(2); 1984 Sch. 1 para. 10(3)(d). (4) 1980 Sch. 2 para. 13(3). 15(1)-(4) 1980 Sch. 2 para. 13A(1)-(4); 1984 Sch. 1 para. 10(4). 16 1980 Sch. 2 para. 14; 1984 Sch. 1 para. 10(5). 17(1), (2) 1980 Sch. 2 para. 15(1)(a); 1984 Sch. 1 para. 10(6). 18(1) 1980 Sch. 2 para. 15(2); 1984 Sch. 1 para. 10(6). (2) 1980 Sch. 2 para. 16(a); 1984 s. 7(3). (3) 1980 Sch. 2 paras. 16(b), 17(1), (2); 1984 s. 7(3). (4) 1980 Sch. 2 para. 16(c); 1984 s. 7(3). (5) 1980 s. 10(2A); 1984 Sch. 11 para. 10(3). 19 1980 Sch. 2 para. 15(1)(c); 1984 Sch. 1 para. 10(6). Pt. IV para. 20 1980 Sch. 2 para. 18(b); 1984 Sch. 1 para. 11(2). 21(1) 1980 Sch. 2 paras. 18(a), 19. (2) 1980 Sch. 2 para. 18(a). (3) 1980 Sch. 2 para. 19(1)-(3). (4) 1980 Sch. 2 paras. 19(4), 20. Sch. 7 para. 1 1980 s. 18(1)(a). 2(1), (2) 1980 s. 18(1)(b), (2); 1984 Sch. 1 para. 6. 3(1) 1980 s. 18(3); 1984 Sch. 1 para. 6. (2) 1980 s. 151(1), (3). 4 1980 s. 18(1)(c). Sch. 8 para. 1(1) 1984 Sch. 3 paras. 1(3), 3(1), (3). (2) 1984 Sch. 3 para. 3(1), (2). (3) 1984 Sch. 3 para. 3(4). (4) 1984 Sch. 3 para. 3(8). 2(1), (2) 1984 Sch. 3 para. 3(5). (3) 1984 Sch. 3 para. 3(6). (4) 1984 Sch. 3 para. 3(7), Sch. 11 para. 32. (5) 1984 Sch. 3 para. 3(8). 3(1) 1984 Sch. 3 paras. 4(1), 6(3). (2) 1984 Sch. 3 para. 4(2). 4(1) 1984 Sch. 3 para. 5(1). (2) 1984 Sch. 3 para. 5(4). (3) 1984 Sch. 3 para. 5(2). (4) 1984 Sch. 3 para. 5(5). (5) 1984 Sch. 3 para. 10(1), (2). (6) 1984 Sch. 3 para. 5(6). 5 1984 Sch. 3 para. 5(3). 6(1), (2) 1984 Sch. 3 para. 7(1), (2). (3) 1984 Sch. 3 para. 6(10). 7 1984 Sch. 3 para. 7(4). 8(1), (2) 1984 Sch. 3 para. 7(5). (3)-(5) 1984 Sch. 3 para. 7(6)-(8). 9(1), (2) 1984 Sch. 3 para. 8(1), (2). 10(1), (2) 1984 Sch. 3 para. 9(1), (2). 11(1) 1984 Sch. 3 paras. 4(1), 7(2). (2)-(4) 1984 Sch. 3 paras. 4(3), 7(3). Sch. 9 para. 1(1), (2) 1984 s. 16(1). (3) 1984 s. 16(2). 2 1984 s. 16(3). 3(1) 1984 s. 16(4), (5). (2) 1984 s. 16(7). 4(1), (2) 1984 s. 16(6). (3) 1984 s. 16(9), (10). 5 1984 s. 16(8). 6 1984 Sch. 11 para. 14(1), (2). Sch. 10 para. 1 1957 S. 10(3); 1961 s. 18(3); 1974 s. 94(1); drafting. 2(1)-(4) 1957 S. 10(3); 1961 s. 18(3); 1974 s. 94(1); R.9(i); R.30(i). 3(1)-(2) 1957 s. 10 passim; 1961 s. 18 passim; 1964 s. 64(2); 1974 s. 94(2); R.30(ii). (3) 1957 s. 37(1). 4 1957 s. 10(3); 1961 s. 18(3); 1974 s. 94(3); 1980 (c. 65) Sch. 6 paras. 7(a)(i), 8, 20. 5(1) 1957 s. 10(5); R.30(iii). (2) 1957 s. 37(1). (3) 1957 s. 10(5); R.9(i). 6(1)-(4) 1957 ss. 11(1)-(3), 37(1), (2); 1964 ss. 64(2), (4), (5), 91(4); 1974 s. 94(5)-(7); R.9(ii); R.30(iv), (v). 7(1)-(4) 1957 s. 10(7), (8); 1961 s. 18(5); 1964 s. 64(1), (3); 1974 s. 94(4); R.30(iv). 8(1), (2) 1961 s. 18(6). Sch. 11 Pt. I para. 1(1), (2) 1974 s. 114(1), (1A); 1975 Sch. 5 para. 21; 1980 Sch. 25 para. 28(1). (3) 1974 s. 114(8) “Part III land”; 1975 Sch. 5 para. 21. 2(1) 1974 s. 114(2); 1975 Sch. 5 para. 21. (2) 1974 Sch. 10 para. 3(2); 1975 Sch. 5 para. 25. 3(1) 1974 Sch. 10 para. 3(1); 1975 Sch. 5 para. 25. (2) 1965 (c. 56) s. 4; 1974 s. 116. 4(1) 1974 s. 114(5); 1975 Sch. 5 para. 21. (2) 1974 s. 114A(1); 1980 Sch. 25 para. 29. (3) 1974 s. 114A(2); 1980 Sch. 25 para. 29. 5(1) 1974 Sch. 10 para. 4(1), (2); 1975 Sch. 5 para. 25. (2) 1974 Sch. 10 para. 4(1); 1975 Sch. 5 para. 25. (3) 1974 Sch. 10 para. 4(2); 1975 Sch. 5 para. 25. 6 1974 Sch. 10 para. 4(3); 1975 Sch. 5 para. 25. 7(1), (2) 1974 Sch. 10 para. 2) 1975 Sch. 5 para. 25. 8 1974 Sch. 10 para. 5; 1975 Sch. 5 para. 25. Pt. II para. 9 1974 Sch. 10 paras. 1 “notice land”, 6; 1975 Sch. 5 para. 21; 1980 Sch. 25 para. 31. 10(1)-(3) 1974 Sch. 10 para. 7(1); 1975 Sch. 5 para. 21. (4) 1974 Sch. 10 para. 7(2); 1975 Sch. 5 para. 21. (5) 1974 Sch. 10 para. 7(3); 1975 Sch. 5 para. 21. 11(1)-(6) 1974 Sch. 10 para. 8(1)-(6); 1975 Sch. 5 para. 21. 12(1)-(3) 1957 Sch. 4 para. 1; 1974 s. 114(4), Sch. 10 para. 9; 1975 Sch. 5 paras. 21, 25; R.31. 13(1)-(3) 1957 Sch. 4 para. 2; 1974 s. 114(4), Sch. 10 para. 9(a); 1975 Sch. 5 paras. 21, 25. (4) 1957 Sch. 4 para. 4; 1974 s. 114(4); 1975 Sch. 5 para. 21. (5) 1957 Sch. 4 para. 3; 1974 s. 114(4); 1975 Sch. 5 para. 21. 14(1) 1957 Sch. 4 para. 3; 1974 s. 114(4); 1975 Sch. 5 para. 21. (2) 1957 Sch. 4 para. 5; 1974 s. 114(4); 1975 Sch. 5 para. 21. Sch. 12 para. 1 drafting. 2(1), (2) 1972 s. 11(4). (3), (4) 1972 s. 11(5). 3 1973 s. 11(6)(a). 4 1972 s. 11(6)(b). 5 1972 s. 11(9)(a). 6(1) 1972 s. 11(9)(b). (2) 1972 s. 11(8). 7(1) 1972 s. 11(6)(d). (2) 1972 s. 11(6)(c). 8 1972 s. 11(6). Sch. 13 Pt. I para. 1(1) 1964 s. 79(2). (2)-(4). 1964 s. 79(3). 2(1) 1964 s. 79(4). (2) 1964 s. 91(2). (3) 1964 s. 91(3). 3(1) 1964 s. 83(1); R.19. (2) 1964 s. 83(1). (3) 1964 s. 83(3). (4) 1964 s. 83(4), (5). 4(1) 1964 s. 80(1), (2). (2) 1964 s. 80(3); 1980 (c. 65) Sch. 6 para. 9. (3) 1964 s. 80(3). 5 1964 s. 79(5). 6(1) 1964 s. 83(2). (2) 1964 s. 83(6). (3) 1964 s. 83(3), (6). Pt. II para. 7 1964 s. 78(1); 1980 (c. 65) Sch. 33 para. 8(1). 8 1964 s. 78(1); 1980 (c. 65) Sch. 33 para. 8(1). 9(1) 1964 s. 78(5)(b). (2) 1964 s. 78(5). 10 1964 s. 78(5)(c). 11(1) 1964 s. 78(5A), (5B); 1980 (c. 65) Sch. 33 para. 8(2), (3). (2) 1964 s. 78(5C); 1980 (c. 65) Sch. 33 para. 8(3). 12 1964 s. 78(5)(a); 1980 (c. 65) Sch. 33 para. 8(2). 13(1) 1964 s. 78(5D); 1980 (c. 65) Sch. 33 para. 8(3). (2) 1964 s. 78(5D), (5E); 1980 (c. 65) Sch. 33 para. 8(3). 14 1964 s. 78(6). Pt. III para. 15(1) 1964 Sch. 4 para. 1(1), (2). (2) 1964 Sch. 4 para. 1(3). (3) 1964 Sch. 4 para. 4. 16(1), (2) 1964 s. 80(2), (4). (3) 1964 s. 80(5). (4) 1964 s. 80(6). (5) 1964 s. 80(7). (6) 1964 s. 80(4). 17(1)-(3) 1964 ss. 84(1)-(3). (4) 1964 s. 84(9); 1984 (c. 28) Sch. 2 para. 28. (5) 1964 s. 87(2). 18(1) 1964 s. 84(4). (2), (3) 1964 s. 84(8). (4) 1964 s. 84(10). 19(1), (2) 1964 s. 84(5). (3) 1964 s. 84(6). (4) 1964 s. 84(7). (5), (6) 1964 ss. 80(5), (6), 84(7). 20(1) 1964 s. 85(1). (2) 1964 s. 85(2). 21(1) drafting. (2) 1964 s. 86(5). (3) 1964 s. 86(8). (4) 1964 s. 86(9). (5) 1964 s. 86(10). (6) 1964 s. 87(2). Pt. IV para. 22 1969 s. 63(1). 23(1), (2) 1969 s. 63(2). 24 1969 s. 63(3). 25(1) 1969 s. 63(4). (2) 1969 s. 63(8), (10). (3)-(5) 1969 s. 63(8). (6) 1969 s. 63(9). 26(1) 1969 s. 63(5). (2) 1969 s. 63(5), (10). (3) 1969 s. 63(6). (4), (5) 1969 s. 63(7). Sch. 14 Pt. I opening 1972 Sch. 1 para. 1 item 1 1972 Sch. 1 para. 1(1)(a); 1974 Sch. 7 para. 1; 1975 Sch. 5 para. 8(2) item 2 1972 Sch. 1 para. 1(1)(b) item 3 1980 s. 103(1) item 4 1972 Sch. 1 para. 1(1)(c); 1982 (c. 24) s. 32(4)(a) (i) item 5 1972 Sch. 1 para. 1(1)(e) item 6 1972 Sch. 1(1) (f), (4) item 7 1972 s. 104(4), Sch. 1 para. 1(2), (3) item 8 1980 s. 135(6), (9). Pt. II opening 1972 Sch. 1 para. 3(1) item 1 1972 Sch. 1 para. 3(1)(a); 1975 Sch. 5 para. 8(4)(a) item 2 1972 Sch. 1 para. 3(1)(b), (2)-(4); 1975 Sch. 5 para. 8(4)(b), (c); 1978 (c. 30) s. 17(2)(a) item 3 1972 Sch. 1 para. 3(1)(c); 1980 s. 135(7)(a) item 4 1972 Sch. 1 para. 3(1)(d); 1980 s. 135(7)(b). Pt. III para. 1 1972 s. 12(1)(d). 2 1972 Sch. 10 para. 5(1). 3 1972 s. 104(4), Sch. 10 para. 4(3), (4). 4 1972 Sch. 10 para. 5(2). 5 1972 s. 12(3)(c), Sch. 1 para. 3(1)(a)(iii). 6 1972 Sch. 10 para. 5(3), (4). 7 1972 Sch. 1 para. 2. Pt. IV para. 1(1) 1972 Sch. 1 para. 10(1). (2), (3) 1972 Sch. 1 para. 10(2). (4) 1972 Sch. 1 para. 10(3). 2 1972 Sch. 1 para. 8. 3 1972 Sch. 1 para. 6(a); 1975 Sch. 5 para. 5; 1982 Sch. 4 para. 6(4). 4(1) 1972 Sch. 1 para. 14(2); 1975 Sch. 5 para. 8(6). (2) 1972 Sch. 1 para. 14(3); 1975 Sch. 5 para. 8(6). Pt. V para. 1(1) 1980 s. 134(2). (2) 1972 Sch. 1 para. 14(1); 1975 Sch. 5 para. 6. 2(1) 1972 s. 104(3). (2), (3) 1972 Sch. 1 para. 4(1). 3 1972 Sch. 1 para. 4(2). 4(1) 1972 s. 101(1). (2) 1972 ss. 101(2), 104(4). (3) 1972 s. 101(3). 5(1), (2) 1972 s. 104(1) “officer”, Sch. 1 para. 20. 6(1) 1972 s. 105(2). (2) 1972 s. 105(3); 1975 Sch. 1 para. 13(1). (3) 1972 s. 105(4). (4) 1972 s. 104(4). 7(1) 1972 Sch. 1 para. 22(1); 1975 Sch. 5 para. 8(7). (2) 1972 s. 16(4), Sch. 1 para. 22(2), (5). (3) 1972 Sch. 1 para. 22(3). 4 1972 s. 16(3), Sch. 1 para. 22(5). (5) 1972 s. 16(5), Sch. 1 para. 22(5). 8 1969 s. 38; 1972 Sch. 9 para. 15. Sch. 15 Pt. I 1972 Sch. 8 para. 2D. Pt. II para. 1(1) 1958 s. 46(1); 1972 Sch. 8 para. 7(1). (2) 1958 s. 28. 2(1) 1958 s. 46(2). (2) 1958 s. 46(2A); 1976 (c. 80) Sch. 8 para. 6; 1977 (c. 42) Sch. 23 para. 28(b). (3), (4) 1958 s. 46(1)(b); 1968 (c. 23) Sch. 15; 1977 (c. 42) s. 145 (1)-(4), Sch. 23 para. 28 (a), Sch. 24 para. 30; 1980 Sch. 25 para. 52. (5) 1958 s. 46(6). 3(1), (2) 1958 s. 46(3). 4(1)-(4) 1958 s. 46(4). 5 1958 s. 46(5). Pt. III para. 1(1) 1958 s. 9; 1959 ss. 13-17; 1969 Sch. 9 para. 1. (2) 1974 s. 79(2A); 1975 Sch. 5 para. 18(1). (3) 1958 s. 28; 1959 Sch. 1 para. 4. (4) 1958 s. 25(2) proviso; 1959 Sch. 1 para. 3. 2(1) 1969 ss. 17-20; 1974 Sch. 14 para. 5. (2) 1958 s. 28; 1969 Sch. 8 para. 17. (3) 1980 s. 96(1)(c), Sch. 11 Pt. II. (4) 1958 s. 25(2) proviso; 1969 Sch. 8 para. 16. 3(1) 1974 s. 79; 1978 (c. 30) s. 16(1)(c); 1980 s. 108(5). (2) 1980 s. 96(1)(c), Sch. 11 Pt. II. (3) 1974 s. 127(2). Pt. IV para. 1(1) 1975 s. 5(1), (3). (2) 1975 s. 5(2). 2(1) 1975 Sch. 1 para. 12(1). (2) 1975 Sch. 1 para. 12(3). (3) 1975 Sch. 1 para. 12(4). (4) 1975 s. 15(5), (6). 3(1) 1975 s. 5(4). (2) 1975 ss. 5(5), 15(4). (3) 1975 s. 15(5), (6). 4(1), (2) 1975 s. 5(6). 5(1), (2) 1980 s. 104(1), (2). 6 1975 s. 16(1) “receiving authority”, “receiving district”. Sch. 16 para. 1(1), (2) 1980 s. 110(3). 2 1980 s. 110(4). 3 1980 s. 110(6). 4(1) 1980 s. 110(6)(a). (2) 1980 s. 110(6)(b). (3) 1972 s. 129(3)(b); 1980 s. 110(7); 1985 (c. 51) Sch. 14 para. 58(c)(i). (4) 1980 s. 110(7). 5(1)-(3) 1980 s. 110(8). 6(1)-(3) 1980 s. 110(9). 7(1)-(2) 1980 s. 110(10). Sch. 17 para. 1(1) 1980 s. 112(2); 1984 Sch. 5 para. 1(1). (2) 1980 s. 112(6); 1984 Sch. 5 para. 1(2). (3) 1980 s. 112(7); 1984 Sch. 5 para. 1(3). 2(1)-(3) 1980 s. 112(3)-(5); 1984 Sch. 5 para. 2(1)-(3). (4) 1980 s. 112(8); 1984 Sch. 5 para. 2(4). 3(1) 1980 s. 113(1); 1984 Sch. 5 para. 3(1). (2) 1984 Sch. 5 para. 3(2). (3) 1980 s. 113(2); 1984 Sch. 5 para. 3(3). (4) 1980 s. 113(3); 1984 Sch. 5 para. 3(4). 4 1980 ss. 112, 113 passim. Sch. 18 para. 1(1) 1899 s. 1(2). (2) 1935 (c. 40) s. 92(2); 1964 (c. 9) s. 2(3); 1968 (c. 13) s. 6(1), (2); 1978 (c. 30) s. 17(2)(a). (3) 1899 s. 1(4). (4) 1899 s. 1(5). 2(1) 1899 s. 3(1). (2) 1923 (c. 24) s. 22(c). (3) 1899 s. 3(1). 3(1) 1923 (c. 24) s. 22(c). (2). 1899 s. 7(2). (3), (4) 1899 s. 7(3); 1978 (c. 30) s. 17(2)(a). (5) 1899 s. 7(1). 4(1) 1899 s. 4(1). (2) 1899 s. 3(2). (3). 1899 s. 4(2). 5(1) 1899 s. 3(3). (2). 1899 s. 3(4). (3) 1899 s. 3(5); 1978 (c. 30) s. 17(2)(a). 6(1) 1899 s. 5(1). (2) 1899 s. 5(2); 1978 (c. 30) s. 17(2)(a). (3) 1899 s. 5(3). (4) 1899 s. 5(4). (5) 1899 s. 5(5); 1981 (c. 54) Sch. 5. 7(1), (2) 1899 s. 6(1), (2). 8(1), (2) 1899 s. 8(1). (3) 1899 s. 8(2). (4) 1899 s. 9(9). 9(1)-(3) 1899 s. 10(1)-(3). 10 1935 (c. 40) s. 92(3). Sch. 19 para. 1(1) 1969 s. 91(4), Sch. 9 para. 1. (2) 1958 s. 28. 2(1) 1974 Sch. 14 para. 7(1); S.I. 1974/1791. (2) 1958 s. 28; 1969 Sch. 8 para. 17. Sch. 20 Pt. I para. 1 1984(D) s. 6(1). 2(1) 1984(D) s. 6(1). (2) 1984(D) s. 6(6)(a). 3 1984(D) s. 6(2). 4 1984(D) s. 6(3). 5 1984(D) s. 6(4). 6(1) 1984(D) s. 6(5). (2) 1984(D) s. 6(6)(b). Pt. II para. 7(1), (2) 1984(D) Sch. 2 para. 1(1), (2). 8(1) 1984(D) Sch. 2 para. 2(1), (2)(a)-(c), (e). (2) 1984(D) Sch. 2 para. 2(2)(d). (3) 1984(D) Sch. 2 para. 2(1). 9(1) 1984(D) Sch. 2 para. 3(1). (2) 1984(D) Sch. 2 para. 3(2), (3). (3) 1984(D) Sch. 2 para. 3(6). (4) 1984(D) Sch. 2 para. 3(5). 10 1984(D) Sch. 2 para. 3(4). Pt. III para. 11(1) 1984(D) Sch. 2 para. 7(a); drafting. (2) 1984(D) Sch. 2 paras. 7(b), 8(3). 12(1), (2) 1984(D) Sch. 2 para. 8(1), (2). (3) 1984(D) Sch. 2 para. 10. (4) 1984(D) Sch. 2 para. 8(1). 13(1) 1984(D) Sch. 2 para. 9(1). (2) 1984(D) Sch. 2 paras. 9(4)-(6), 10. (3) 1984(D) Sch. 2 para. 9(2). 14 1984(D) Sch. 2 para. 9(3). 15(1), (2) 1984(D) Sch. 2 para. 11(1), (2). 16(1), (2) 1984(D) Sch. 2 para. 11(3). 17(1)-(3) 1984(D) Sch. 2 para. 12(1)-(3). 18 1984(D) s. 6(7). 19 1984(D) Sch. 2 para. 4. 20 1984(D) Sch. 2 para. 6. Sch. 21 para. 1 1984(D) s. 13(1)-(4) passim. 2 1984(D) s. 13(1). 3 1984(D) s. 13(2). 4 1984(D) s. 13(3), (4)(a). 5(1), (2) 1984(D) s. 13(3). 6(1) 1984(D) s. 13(4)(b), (5), (6). (2) 1984(D) s. 13(5). (3) 1984(D) s. 13(6). 7(1), (2) 1984(D) s. 13(7). (3) 1984(D) s. 13(8). Sch. 22 para. 1 drafting. 2 1957 Sch. 3 Pt. I para. 1(1), (2). 3(1), (2) 1957 Sch. 3 Pt. I para. 2(1). (3) 1957 Sch. 3 Pt. I para. 2(1), (3); 1978 (c. 30) s. 17(2)(a); R.14(i). (4) 1957 Sch. 3 Pt. I para. 2(2). 4(1) 1957 Sch. 3 Pt. I para. 3(3). (2) 1957 Sch. 3 Pt. I para. 3(4); 1980 Sch. 25 para. 8. (3), (4) 1957 Sch. 3 Pt. I para. 3(5), (6). 5(1) 1957 Sch. 3 Pt. I para. 3(2), (3). (2) 1957 Sch. 3 Pt. I para. 4(1), (2). (3), (4) 1957 Sch. 3 Pt. I para. 4(3), (4). 6 1957 Sch. 4 para. 1; R.31. 7(1)-(3) 1957 Sch. 4 para. 2. (4) 1957 Sch. 4 para. 4. (5) 1957 Sch. 4 para. 3. 8(1) 1957 Sch. 4 para. 3. (2) 1957 Sch. 4 para. 5. 9(1) 1957 s. 67(1). (2), (3) 1957 s. 67(2). (4) 1957 s. 67(3). Sch. 23 para. 1(1), (2) 1957 s. 30(1)-(3), (6). (3) 1957 s. 30(3), (4). (4) 1957 s. 30(3)(b). (5), (6) 1957 s. 30(5); R. 2(1), (2) 1957 s. 30(1), (3); 1969 s. 65(1), (2). (3) 1957 s. 30(3), (4). (4) 1957 s. 30(3)(b). (5), (6) 1957 s. 30(5); R. 3(1) 1957 s. 60(1), (1C); 1974 Sch. 9. (2) 1957 s. 60(2). 4(1) 1957 Sch. 2 Pt. I para. 1(1), (2); 1969 Sch. 4. (2) 1957 Sch. 2 Pt. I para. 3(1), (2); 1969 Sch. 4. (3) 1957 Sch. 2 Pt. I para. 3(3); 1969 Sch. 4. (4) 1957 Sch. 2 Pt. I paras. 1(1), 2; 1969 Sch. 4. (5) 1957 Sch. 2 Pt. I para. 1(2); 1969 Sch. 4. 5(1) 1969 s. 67(1). (2) 1969 s. 67(4). 6(1), (2) 1969 s. 67(2), (5). (3) 1969 s. 67(3). 7(1)-(3) 1957 s. 60(1); 1974 Sch. 9. (4) 1957 s. 60(1A); 1974 Sch. 9. (5) 1957 s. 60(1B); 1974 Sch. 9. 8(1)-(3) 1957 s. 60(1D); 1974 Sch. 9. Sch. 24 Pt. I para. 1(1) 1957 Sch. 2 paras. 4(1), 7(1); 1969 Sch. 5 paras. 1(1), 5(3); 1974 Sch. 13 para. 21. (2) 1957 Sch. 2 para. 4(2)(b), (6); 1969 Sch. 5 para. 5(1) “relevant date”. 2(1) 1969 Sch. 5 paras. 1(1)(b), 5(1) “qualifying period”; 1974 Sch. 13 para. 21. (2) 1969 Sch. 5 paras. 1(2), 5(1) “qualifying period”.. (3) 1969 Sch. 5 para. 1(3). 3(1) 1957 Sch. 2 para. 4(2). (2) 1957 Sch. 2 para. 4(3). (3) 1969 s. 68(1). 4(1) 1957 Sch. 2 para. 4(4); 1969 Sch. 5 para. 2. (2) 1957 Sch. 2 para. 7(2) “full compulsory purchase value”, “site value”; 1969 Sch. 5 para. 5(2) “full compulsory purchase value”, “site value”. (3) 1957 Sch. 2 para. 4(4) proviso; 1969 Sch. 5 para. 3(1); 1974 Sch. 13 para. 7. (4) 1957 Sch. 2 para. 4(5); 1969 Sch. 5 para. 3(2). 5(1) 1957 Sch. 2 para. 7(2) “house”, “interest”; 1969 Sch. 5 para. 5(2) “house”, “interest”; 1976 (c. 80) Sch. paras. 5, 28; 1977 (c. 42) Sch. 23 paras. 27, 48. (2) 1969 Sch. 5 para. 5(5). (3) 1957 Sch. 2 para. 4(5) proviso; 1969 Sch. 5 para. 3(3). 6(1), (2) 1957 Sch. 2 para. 4(7); 1969 s. 86(2), Sch. 6 para. 2; 1975 (c. 72) Sch. 3 paras. 15, 66. Pt.II 1(1) 1957 Sch. 2 paras. 6(1), 7(1). (2) 1957 Sch. 2 para. 6(2), 7(1). 2 1957 Sch. 2 para. 6(2); 1969 Sch. 6 para. 3. 3 1957 Sch. 2 para. 6(2). 4(1) 1957 Sch. 2 para. 6(3). (2) 1957 Sch. 2 para. 7(2) “full compulsory purchase value” “site value”. (3) 1957 Sch. 2 para. 6(3) proviso. (4) 1957 Sch. 2 para. 6(4). 5 1957 Sch. 2 paras. 6(5), 7(2) “house”, “interest”; 1976 (c. 80) Sch. 8 para. 5; 1977 (c. 42 Sch. 23 para. 27.
in relation to a local housing authority in England, the Secretary of State;
and in the following provisions of this paragraph the person from whom expenses are recoverable by virtue of this sub-paragraph is referred to as “person primarily liable”. Where the person primarily liable— the expenses are also recoverable by the authority from that other person, or partly from him and partly from the person primarily liable. Where the person primarily liable proves— his liability is limited to the total amount of the money which he has, or has had, in his hands as mentioned in paragraph (b). Expenses are not recoverable under this paragraph to the extent that they are by any direction of the court on appeal recoverable under an order of the court.
the tenant (or predecessor) was a secure tenant of the other dwelling-house at the time when he ceased to occupy it as his home,
the dwelling-house was let to the tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of the landlord or of— a local authority, a new town corporation, an urban development corporation, the Development Board for Rural Wales, or the governors of an aided school, and that employment has ceased, and
the tenant (or predecessor) accepted the tenancy of the dwelling-house of which possession is sought on the understanding that he would give up occupation when, on completion of the works, the other dwelling-house was again available for occupation by him under a secure tenancy, and
the landlord reasonably requires the dwelling-house for occupation as a residence for some person either engaged in the employment of the landlord, or of such a body, or with whom a contract for such employment has been entered into conditional on housing being provided.
the works have been completed and the other dwelling-house is so available.
the dwelling-house was let to the tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of the landlord, or of— a local authority, a new town corporation, an urban development corporation, the Development Board for Rural Wales, or the governors of an aided school, and
For the purposes of subsection (1), “a Welsh planning board” means a board constituted under—
section 2(1B) of the Town and Country Planning Act 1990; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the tenant or a person residing in the dwelling-house has been guilty of conduct such that, having regard to the purpose for which the building is used, it would not be right for him to continue in occupation of the dwelling-house.
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 or paragraph):— bank section 622 building society section 622 CCA section 56 combined authority section 56 compulsory disposal section 40 . . . . . . constituent council section 56 contract-holder section 56 development corporation section 4(c) district (of a local housing authority) section 2(1) dwelling section 56 exempted disposal section 39 family (member of) sections 56 and 186 friendly society section 622 hostel section 622 house section 56 housing accommodation section 56 housing association section 5(1) Housing Revenue Account section 417 insurance company section 622 introductory standard contract section 56 introductory tenancy section 56 lease section 621 local authority section 4(e) local housing authority sections 1, 2(2) local housing authority’s houses section 20 lodging-houses section 56 mayoral CCA section 56 mayoral combined authority section 56 new towns residuary body section 4(1)(g) non-mayoral CCA section 56 non-mayoral combined authority section 56 occupation contract section 56 owner section 56 payee and payer (in relation to a service charge) section 621A qualified accountant (for the purposes of section 48(3)) section 51 registered social landlord section 5(4) and (5). relevant costs (in relation to a service charge) section 621A (2), (3) relevant disposal section 38 (and see section 452(3)) secure contract section 56 secure tenancy section 79 service charge section 621A (1) shared ownership lease section 622 standard contract section 56 standard scale (in reference to the maximum fine on summary conviction) section 622 street section 622 supported standard contract section 56 tenancy and tenant section 621 trustee savings bank section 622 “two-tier county council that is a strategic authority” section 56 urban development corporation section 4(d)
A person is homeless if he has no accommodation in England, Wales or Scotland.
A person shall be treated as having no accommodation if there is no accommodation which he, together with any other person who normally resides with him as a member of his family or in circumstances in which it is reasonable for that person to reside with him—
is entitled to occupy by virtue of an interest in it or by virtue of an order of a court, or
has an express or implied licence to occupy, or Scotland has a right or permission or an implied right or permission to occupy, or
occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of another person to recover possession.
A person is also homeless if he has accommodation but—
he cannot secure entry to it, or
it is probable that occupation of it will lead to violence from some other person residing in it or to threats of violence from some other person residing in it and likely to carry out the threats, or
it consists of a movable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted both to place it and to reside in it.
A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy.
A person is threatened with homelessness if it is likely that he will become homeless within 28 days.
Regard may be had, in determining whether it would be reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the district of the local housing authority to whom he has applied for accommodation or for assistance in obtaining accommodation.
The following have a priority need for accommodation—
a pregnant woman or a person with whom a pregnant woman resides or might reasonably be expected to reside;
a person with whom dependent children reside or might reasonably be expected to reside;
a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside;
a person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster.
The Secretary of State may by order made by statutory instrument—
specify further descriptions of persons as having a priority need for accommodation, and
amend or repeal any part of subsection (1).
Before making such an order the Secretary of State shall consult such association representing relevant authorities, and such other persons, as he considers appropriate.
No order shall be made unless a draft of it has been approved by resolution of each House of Parliament.
A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.
A person becomes threatened with homelessness intentionally if he deliberately does or fails to do anything the likely result of which is that he will be forced to leave accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.
For the purposes of subsection (1) or (2) an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.
Regard may be had, in determining whether it would have been reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the district of the local housing authority to whom he applied for accommodation or for assistance in obtaining accommodation.
References in this Part to a person having a local connection with the district of a local housing authority are to his having a connection with that district—
because he is, or in the past was, normally resident in that district, and that residence is or was of his own choice, or
because he is employed in that district, or
because of family associations, or
because of special circumstances.
For the purposes of this section—
a person is not employed in a district if he is serving in the regular armed forces of the Crown;
residence in a district is not of a person’s own choice if he becomes resident in it because he, or a person who might reasonably be expected to reside with him, is serving in the regular armed forces of the Crown.
Residence in a district is not of a persons’ own choice for the purpose of this section if he, or a person who might reasonably be expected to reside with him, became resident in it because he was detained under the authority of an Act of Parliament.
The Secretary of State may by order specify other circumstances in which—
a person is not to be treated for the purposes of this section as employed in a district, or
residence in a district is not to be treated for those purposes as of a person’s own choice.
An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
If a person (an “applicant”) applies to a local housing authority for accommodation, or for assistance in obtaining accommodation, and the authority have reason to believe that he may be homeless or threatened with homelessness, they shall make such inquiries as are necessary to satisfy themselves as to whether he is homeless or threatened with homelessness.
If they are so satisfied, they shall make any further inquiries necessary to satisfy themselves as to— and if they think fit they may also make inquiries as to whether he has a local connection with the district of another local housing authority in England, Wales or Scotland.
whether he has a priority need, and
whether he became homeless or threatened with homelessness intentionally;
If the local housing authority have reason to believe that an applicant may be homeless and have a priority need, they shall secure that accommodation is made available for his occupation pending a decision as a result of their inquiries under section 62.
This duty arises irrespective of any local connection which the applicant may have with the district of another local housing authority.
On completing their inquiries under section 62, the local housing authority shall notify the applicant of their decision on the question whether he is homeless or threatened with homelessness.
If they notify him that their decision is that he is homeless or threatened with homelessness, they shall at the same time notify him of their decision on the question whether he has a priority need.
If they notify him that their decision is that he has a priority need, they shall at the same time notify him—
of their decision whether he became homeless or threatened with homelessness intentionally, and
whether they have notified or propose to notify another local housing authority under section 67 (referral of application on grounds of local connection).
If the local housing authority notify the applicant— they shall at the same time notify him of their reasons.
that they are not satisfied that he is homeless or threatened with homelessness, or
that they are not satisfied that he has a priority need, or
that they are satisfied that he became homeless or threatened with homelessness intentionally, or
that they have notified or propose to notify another local housing authority under section 67 (referral of application on grounds of local connection),
The notice required to be given to a person under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.
This section has effect as regards the duties owed by the local housing authority to an applicant where they are satisfied that he is homeless.
Where they are satisfied that he has a priority need and are not satisfied that he became homeless intentionally, they shall, unless they notify another local housing authority in accordance with section 67 (referral of application on grounds of local connection), secure that accommodation becomes available for his occupation.
Where they are satisfied that he has priority need but are also satisfied that he became homeless intentionally, they shall—
secure that accommodation is made available for his occupation for such period as they consider will give him a reasonable opportunity of securing accommodation for his occupation, and
furnish him with advice and such assistance as they consider appropriate in the circumstances in any attempts he may make to secure that accommodation becomes available for his occupation.
Where they are not satisfied that he has a priority need, they shall furnish him with advice and such assistance as they consider appropriate in the circumstances in any attempts he may make to secure that accommodation becomes available for his occupation.
This section has effect as regards the duties owed by the local housing authority to an applicant where they are satisfied that he is threatened with homelessness.
Where they are satisfied that he has a priority need and are not satisfied that he became threatened with homelessness intentionally, they shall take reasonable steps to secure that accommodation does not cease to be available for his occupation.
Where— they shall furnish him with advice and such assistance as they consider appropriate in the circumstances in any attempts he may make to secure that accommodation does not cease to be available for his occupation.
they are not satisfied that he has a priority need, or
they are satisfied that he has a priority need but are also satisfied that he became threatened with homelessness intentionally,
Subsection (2) does not affect any right of the local housing authority, whether by virtue of a contract, enactment or rule of law, to secure vacant possession of accommodation.
If the local housing authority—
are satisfied that an applicant is homeless and has a priority need, and are not satisfied that he became homeless intentionally, but
are of opinion that the conditions are satisfied for referral of his application to another local housing authority in England, Wales or Scotland, they may notify that other authority of the fact that his application has been made and that they are of that opinion.
The conditions for referral of an application to another local housing authority are—
that neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,
that the applicant or a person who might reasonably be expected to reside with him has a local connection with the district of that other authority, and
that neither the applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic violence in that other district.
For this purpose a person runs the risk of domestic violence—
if he runs the risk of violence from a person with whom, but for the risk of violence, he might reasonably be expected to reside, or from a person with whom he formerly resided, or
if he runs the risk of threats of violence from such a person which are likely to be carried out.
The question whether the conditions for referral of an application are satisfied shall be determined by agreement between the notifying authority and the notified authority or, in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order made by statutory instrument.
An order may direct that the arrangements shall be—
those agreed by any relevant authorities or associations of relevant authorities, or
in default of such agreement, such arrangements as appear to the Secretary of State to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.
No order shall be made unless a draft of the order has been approved by resolution of each House of Parliament.
Where, in accordance with section 67(1), a local housing authority notify another authority of an application, the notifying authority shall secure that accommodation is available for occupation by the applicant until it is determined whether the conditions for referral of his application to the other authority are satisfied.
If it is determined that the conditions for referral are satisfied, the notified authority shall secure that accommodation becomes available for occupation by the applicant; if it is determined that the conditions are not satisfied, the notifying authority shall secure that accommodation becomes available for occupation by him.
When the matter has been determined, the notifying authority shall notify the applicant—
whether they or the notified authority are the authority whose duty it is to secure that accommodation becomes available for his occupation, and
of the reasons why the authority subject to that duty are subject to it.
The notice required to be given to a person under subsection (3) shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.
A local housing authority may perform any duty under section 65 or 68 (duties to persons found to be homeless) to secure that accommodation becomes available for the occupation of a person— and in determining whether accommodation is suitable they shall have regard to Part IX (slum clearance), X (overcrowding) and XI (houses in multiple occupation) of this Act.
by making available suitable accommodation held by them under Part II (provision of housing) or any enactment, or
by securing that he obtains suitable accommodation from some other person, or
by giving him such advice and assistance as will secure that he obtains suitable accommodation from some other person,
A local housing authority may require a person to whom they were subject to a duty under section 63, 65 or 68 (interim duty to accommodate pending inquiries and duties to persons found to be homeless)—
to pay such reasonable charges as they may determine in respect of accommodation which they secure for his occupation (either by making it available themselves or otherwise), or
to pay such reasonable amount as they may determine in respect of sums payable by them for accommodation made available by another person.
This section applies where a local housing authority have reason to believe that an applicant is homeless or threatened with homelessness (or, in the case of an applicant to whom they owe a duty under section 63 (interim duty to accommodate pending inquiries), that he may be homeless) and that—
there is a danger of loss of, or danger to, any personal property of his by reason of his inability to protect it or deal with it, and
no other suitable arrangements have been or are being made.
If the authority have become subject to a duty towards the applicant under section 63, 65(2) or (3)(a), 66(2) or 68 (duty to accommodate during inquiries and duties to persons found to be homeless or threatened with homelessness), then, whether or not they are still subject to such a duty, they shall take reasonable steps to prevent the loss of the property or prevent or mitigate damage to it; and if they have not become subject to such a duty, they may take any steps they consider reasonable for that purpose.
The authority may for the purposes of this section—
enter, at all reasonable times, any premises which are the usual place of residence of the applicant or which were his last usual place of residence, and
deal with any personal property of his in any way which is reasonably necessary, in particular by storing it or arranging for its storage.
The authority may decline to take action under this section except upon such conditions as they consider appropriate in the particular case, which may include conditions as to—
the making and recovery by the authority of reasonable charges for the action taken, or
the disposal by the authority, in such circumstances as may be specified, of property in relation to which they have taken action.
When in the authority’s opinion there is no longer any reason to believe that there is a danger of loss of or damage to a person’s personal property by reason of his inability to protect it or deal with it, the authority cease to have any duty or power to take action under this section; but property stored by virtue of their having taken such action may be kept in store and any conditions upon which it was taken into store continue to have effect, with any necessary modifications.
Where the authority— they shall notify the applicant of that fact and of the reason why they are of opinion that there is no longer any reason to believe that there is a danger of loss of or damage to his personal property by reason of his inability to protect it or deal with it.
cease to be subject to a duty to take action under this section in respect of an applicant’s property, or
cease to have power to take such action, having previously taken such action,
The notification shall be given to the applicant—
by delivering it to him, or
by leaving it, or sending it to him, at his last known address.
References in this section to personal property of the applicant include personal property of any person who might reasonably be expected to reside with him.
In relation to homeless persons and persons threatened with homelessness, a relevant authority shall have regard in the exercise of their functions to such guidance as may from time to time be given by the Secretary of State.
The Secretary of State may given guidance either generally or to specified descriptions of authorities.
Where a local housing authority— the authority or other body to whom the request is made shall co-operate in rendering such assistance in the discharge of the functions to which the request relates as is reasonable in the circumstances.
request another local housing authority in England, Wales or Scotland, a new town corporation, a registered social landlorda housing action trust or Scottish Homes to assist them in the discharge of their functions under sections 62, 63, 65 to 67 and 68(1) and (2) (which relate to homelessness and threatened homelessness as such),
request a social services authority in England, Wales or Scotland to exercise any of their functions in relation to a case which the local housing authority are dealing with under those provisions, or
request another local housing authority in England, Wales or Scotland to assist them in the discharge of their functions under section 70 (protection of property of homeless persons and persons threatened with homelessness),
The Secretary of State, with the consent of the Treasury, may, upon such terms and subject to such conditions as he may determine, give to a voluntary organisation concerned with homelessness, or with matters relating to homelessness, assistance by way of grant or loan.
A local housing authority may, upon such terms and subject to such conditions as they may determine, give to such a voluntary organisation such assistance as is mentioned in subsection (1), and may also assist such an organisation by—
permitting them to use premises belonging to the authority upon such terms and subject to such conditions as may be agreed,
making available furniture or other goods, whether by way of gift, loan or otherwise, and
making available the services of staff employed by the authority.
No assistance shall be given under subsection (1) or (2) unless the voluntary organisation first give an undertaking—
that they will use the money, furniture or other goods or premises made available to them for a specified purpose, and
that they will, if the person giving the assistance serves notice on them requiring them to do so, furnish, within the period of 21 days beginning with the date on which the notice is served, a certificate giving such information as may reasonably be required by the notice with respect to the manner in which the assistance given to them is being used.
The conditions subject to which assistance is given under this section shall in all cases include, in addition to any conditions determined or agreed under subsection (1) or (2), conditions requiring the voluntary organisation to—
keep proper books of account and have them audited in such manner as may be specified,
keep records indicating how they have used the money, furniture or other goods or premises made available to them, and
submit the books of account and records for inspection by the person giving the assistance.
If it appears to the person giving the assistance that the voluntary organisation have failed to carry out their undertaking as to the purpose for which the assistance was to be used, he shall take all reasonable steps to recover from the organisation an amount equal to the amount of the assistance; but no sum is so recoverable unless he has first served on the voluntary organisation a notice specifying the amount which in his opinion is recoverable and the basis on which that amount has been calculated.
If a person with intent to induce a local housing authority to believe, in connection with the exercise of their functions under this Part, that he or another person— knowingly or recklessly makes a statement which is false in a material particular, or knowingly withholds information which the authority have reasonably required him to give in connection with the exercise of those functions, he commits a summary offence.
is homeless or threatened with homelessness, or
has a priority need, or
did not become homeless or threatened with homelessness intentionally,
If before an applicant receives notification of the local housing authority’s decision on his application there is any change of facts material to his case, he shall notify the authority as soon as possible; and the authority shall explain to every applicant, in ordinary language, the duty imposed on him by this subsection and the effect of subsection (3).
A person who fails to comply with subsection (2) commits a summary offence unless he shows that he was not given the explanation required by that subsection or that he had some other reasonable excuse for non-compliance.
A person guilty of an offence under this section is liable on conviction to a fine not exceeding level 4 on the standard scale.
For the purposes of this Part accommodation shall be regarded as available for a person’s occupation only if it is available for occupation both by him and by any other person who might reasonably be expected to reside with him; and references to securing accommodation for a person’s occupation shall be construed accordingly.
Sections 67 and 68 (referral of application to another local housing authority and duties to persons whose applications are referred) apply— as they apply to cases arising under this Part.
to applications referred by a housing authority in Scotland in pursuance of section 5(1) of the Housing (Homeless Persons) Act 197733 and 34 of the Housing (Scotland) Act 1987, and
to persons whose applications are so transferred,
Section 72 (duty of other authorities to co-operate with local housing authority) applies to a request by a housing authority in Scotland under section 9(1) of the Housing (Homeless Persons) Act 197738 of the Act of 1987 as it applies to a request by a local housing authority in England or Wales.
In this Part, in relation to Scotland— and in section 72(a) (requests for co-operation) “new town corporation” includes a development corporation established under the New Towns (Scotland) 1968.
“local housing authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and references to the district of such an authority are to the area of that council,
“social services authority” means a local authority for the purposes of the Social Work (Scotland) Act 1968, that is to say, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
In this Part—
“ rent ” means rent payable under the secure tenancy, but excluding any element which is expressed to be payable for services, repairs, maintenance or insurance or the landlord’s costs of management.
means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in premises, whether in possession or reversion, and
the provision of housing accommodation under Part II,
the purchase of, or the carrying out of works on, houses purchased under section 192 (unfit houses found to be beyond repair at reasonable cost), or
the improvement of houses and other property within the account.
forms part of or is within the curtilage of a building which, or so much of it as is held by the landlord, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, or is situated in a cemetery, and
The approved purposes for the purposes of this section are—
to enable the purchaser to defray, or to defray on his behalf, any of the following—
the cost of any works to the house,
any service charge payable in respect of the house for works, whether or not to the house, and
any service charge or other amount payable in respect of the house for insurance, whether or not of the house, and
to enable the purchaser to discharge, or to discharge on his behalf, any of the following—
so much as is still outstanding of any advance or further advance which ranks in priority to the charge taking effect by virtue of this section,
any arrears of interest on such an advance or further advance, and
any costs and expenses incurred in enforcing payment of any such interest, or repayment (in whole or in part) of any such advance or further advance.
“the appropriate Minister” means—
was let to the tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of— the landlord, a local authority, a new town corporation, the Development Board for Rural Wales, an urban development corporation, or the governors of an aided school.
Where different parts of an advance or further advance are made for different purposes, each of those parts shall be regarded as a separate advance or further advance for the purposes of this section.
The matters to be taken into account by the court in determining whether it is reasonable to make an order on this ground include—
the age of the tenant,
the period (if any) during which the tenant has occupied the dwelling-house as the tenant's only or principal home, and
any financial or other support given by the tenant to the previous tenant.
The liability that may arise under the covenant required by paragraph 1 of Schedule 6A (covenant for the redemption of the landlord’s share in the circumstances there mentioned) shall be secured by a mortgage.
an authorised deposit taker an authorised insurer . . . local authorities, development corporations, the Development Board for Rural Wales, . . . . . . . . . . . . Swansea Building Society Abbey Life Home Service Limited. Abbey Life Mortgage Securities Limited. Abbey Life Residential Loans Limited. General Portfolio Finance Limited. Royal London Homebuy Limited. Abbey Life Mortgage Finance Limited, Abbey Life Mortgage Loans Limited, CIS Mortgage Maker Limited Mortgage Express Ltd. Halifax Loans Limited BNP Mortgages Limited. Sun Life of Canada Home Loans Limited Halifax Loans (No.2) Limited Halifax Loans (No.3) Limited Halifax Loans (No.4) Limited.
Subject to subsections (3) and (4), the mortgage shall have priority immediately after any legal charge securing an amount advanced to the secure tenant by an approved lending institution for the purpose of enabling him to exercise the right to acquire on rent to mortgage terms.
The following, namely— shall rank in priority to the mortgage if, and only if, the landlord by written notice served on the institution concerned gives its consent; and the landlord shall so give its consent if the purpose of the advance or further advance is an approved purpose.
any advance which is made otherwise than for the purpose mentioned in subsection (2) and is secured by a legal charge having priority to the mortgage, and
any further advance which is so secured,
The landlord may at any time by written notice served on an approved lending institution postpone the mortgage to any advance or further advance which— and the landlord shall serve such a notice if the purpose of the advance or further advance is an approved purpose.
is made to the tenant by that institution, and
is secured by a legal charge not having priority to the mortgage;
The approved lending institutions for the purposes of this section are— the Relevant Authority,
In subsection (5) “the Relevant Authority” does not include the Regulator of Social Housing but does include the Homes and Communities Agency.
In subsection (5) “the Relevant Authority” also includes the Greater London Authority.
“ category 2 hazard ”,
the age of the tenant,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the period during which the tenant has occupied the dwelling-house as his only or principal home, and
“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.
the dwelling-house was let to the tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of the landlord, or of—
any financial or other support given by the tenant to the previous tenant.
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):— accommodation available for occupation section 75. applicant (for housing accommodation) section 62(1). district (of a local housing authority) sections 2(1) and 76(3). homeless sections 58(1) to (3). housing association section 5(1). intentionally homeless or threatened with homelessness section 60. local connection (in relation to the district of a local housing authority) section 61. local housing authority (in England and Wales)(in Scotland) section 1, 2(2). section 76(3). new town corporation sections 4(b) and 76(3). priority need (for accommodation) section 59. registered social landlord section 5(4) and (5) . regular armed forces of the Crown section 622. relevant authority section 77. securing accommodation for a person’s occupation section 75. social services authority sections 76(3) and 77. standard scale (in reference to the maximum fine on summary conviction) section 622. threatened with homelessness section 58(4). voluntary organisation section 77.
A tenancy under which a dwelling-house in England is let as a separate dwelling is a secure tenancy at any time when the conditions described in sections 80 and 81 as the landlord condition and the tenant condition are satisfied.
Subsection (1) has effect subject to—
the exceptions in Schedule 1 (tenancies which are not secure tenancies),
sections 89(3) and (4) and 90(3) and (4) (tenancies ceasing to be secure after death of tenant), and
sections 91(2) and 93(2) (tenancies ceasing to be secure in consequence of assignment of subletting).
The provisions of this Part apply in relation to a licence to occupy a dwelling-house in England (whether or not granted for a consideration) as they apply in relation to a tenancy.
Subsection (3) does not apply to a licence granted as a temporary expedient to a person who entered the dwelling-house or any other land as a trespasser (whether or not, before the grant of that licence, another licence to occupy that or another dwelling-house had been granted to him).
The landlord condition is that the interest of the landlord belongs to one of the following authorities or bodies— a local authority, a development corporation, a housing action trust a Mayoral development corporation, an urban development corporation, in the case of a tenancy falling within subsections (2A) to (2E), the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers (as the case may be), . . . . . . . . . . . . housing co-operative to which this section applies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a registered housing association other than a co-operative housing association, and
an unregistered housing association which is a co-operative housing association.
If a co-operative housing association ceases to be a private registered provider of social housing or a registered social landlord, it shall, within the period of 21 days beginning with the date on which it ceases to be such a body, notify each of its tenants who thereby becomes a secure tenant, in writing, that he has become a secure tenant.
A tenancy falls within this subsection if the interest of the landlord is transferred to—
the Homes and Communities Agency as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008,
the Greater London Authority as mentioned in section 333ZI(2)(a) to (d) of the Greater London Authority Act 1999, or
the Welsh Ministers as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.
This section applies to a housing co-operative within the meaning of section 27B (agreements under certain superseded provisions) where the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section.
A tenancy falls within this subsection if it is entered into pursuant to a contract under which the rights and liabilities of the prospective landlord are transferred to the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers as mentioned in subsection (2A)(a), (aa) or (b) (as the case may be).
A tenancy falls within this subsection if it is granted by the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant of the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers (as the case may be).
A tenancy falls within this subsection if—
it is granted by the Homes and Communities Agency , the Greater London Authorityor the Welsh Ministers to a person (alone or jointly with others),
before the grant of the tenancy, an order for possession of a dwelling-house let under a secure tenancy was made against the person (alone or jointly with others) and in favour of the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers (as the case may be) on the court being satisfied as mentioned in section 84(2)(b) or (c), and
the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied.
A tenancy falls within this subsection if it is granted by the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers pursuant to an obligation under section 554(2A).
In this Act and in any provision made under this Act, or made by or under any other enactment, a reference to— includes a reference to the Homes and Communities Agency , to the Greater London Authority or to the Welsh Ministers so far as acting in their capacity as landlord (or, in the case of disposals, former landlord) in respect of a tenancy which falls within subsections (2A) to (2E) above but, subject to this, does not include the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers.
a person within section 80 or 80(1) of this Act, or
a person who satisfies the landlord condition under this section,
Subsection (5)—
applies whether the person is described as an authority, body or landlord or in any other way and whether the reference is otherwise expressed in a different way, and
is subject to any provision to the contrary.
The tenant condition is that the tenant is an individual and occupies the dwelling-house as his only or principal home; or, where the tenancy is a joint tenancy, that each of the joint tenants is an individual and at least one of them occupies the dwelling-house as his only or principal home.
A secure tenancy which is either— cannot be brought to an end by the landlord except asmentioned in subsection (1A) .
a weekly or other periodic tenancy, or
a tenancy for a term certain but subject to termination by the landlord,
In the case mentioned in subsection (1A)(a), the tenancy ends when the order is executed.
The tenancy may be brought to an end by the landlord—
obtaining—
an order of the court for the possession of the dwelling-house, and
the execution of the order,
obtaining an order under subsection (3), or
obtaining a demotion order under section 82A.
Where a secure tenancy is a tenancy for a term certain but with a provision for re-entry or forfeiture, the court shall not order possession of the dwelling-house in pursuance of that provision, but in a case where the court would have made such an order it shall instead make an order terminating the tenancy on a date specified in the order and section 86 (periodic tenancy arising on termination of fixed term) shall apply.
Section 146 of the Law of Property Act 1925 (restriction on and relief against forfeiture), except subsection (4) (vesting in under-lessee), and any other enactment or rule of law relating to forfeiture, shall apply in relation to proceedings for an order under subsection (3) of this section as if they were proceedings to enforce a right of re-entry or forfeiture.
This section applies where a local housing authority grants a secure tenancy of a dwelling-house in England before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 (grant of new secure tenancies in England) comes fully into force.
The local housing authority must grant a secure tenancy that is not a flexible tenancy if—
the tenancy is offered to a person who is or was a tenant of some other dwelling-house under a qualifying tenancy (whether as the sole tenant or as a joint tenant), and
the authority is satisfied that—
the person or a member of the person's household is or has been a victim of domestic abuse carried out by another person, and
the new tenancy is granted for reasons connected with that abuse.
The local housing authority must grant a secure tenancy that is not a flexible tenancy if—
the tenancy is offered to a person who was a joint tenant of the dwelling-house under a qualifying tenancy, and
the authority is satisfied that—
the person or a member of the person's household is or has been a victim of domestic abuse carried out by another person, and
the new tenancy is granted for reasons connected with that abuse.
In this section—
For the purposes of this section, a person may be a victim of domestic abuse despite the fact that the abuse is directed at another person (for example, the person's child).
The court shall not entertain proceedings to which this section applies unless—
the landlord has served a notice on the tenant complying with the provisions of this section, or
the court considers it just and equitable to dispense with the requirement of such a notice.
A notice under this section shall—
be in a form prescribed by regulations made by the Secretary of State,
specify the ground on which the court will be asked to make the order and
give particulars of that ground.
This section applies in relation to proceedings for an order mentioned in section 82(1A) other than—
proceedings for possession of a dwelling-house under section 84A (absolute ground for possession for anti-social behaviour), including proceedings where possession is also sought on one or more of the grounds set out in Schedule 2, or
proceedings for possession of a dwelling-house under section 107D (recovery of possession on expiry of flexible tenancy).
Where the tenancy is a periodic tenancy and the ground or one of the grounds specified in the notice is Ground 2 in Schedule 2 (nuisance or other anti-social behaviour), the notice—
shall also—
state that proceedings for the possession of the dwelling-house may be begun immediately, and
specify the date sought by the landlord as the date on which the tenant is to give up possession of the dwelling-house, and
ceases to be in force twelve months after the date so specified.
Where the tenancy is a periodic tenancy and Ground 2 in Schedule 2 is not specified in the notice, the notice—
shall also specify the date after which proceedings for the possession of the dwelling-house may be begun, and
ceases to be in force twelve months after the date so specified.
The date specified in accordance with subsection (3) (4) or (4A) must not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this section.
Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and subsections (3) to (5) of this section do not apply to the notice.
If the proceedings are for a demotion order under section 82A the notice—
must specify the date after which the proceedings may be begun;
ceases to be in force twelve months after the date so specified.
Regulations under this section shall be made by statutory instrument and may make different provision with respect to different cases or descriptions of case, including different provision for different areas.
The court shall not make an order for the possession of a dwelling-house let under a secure tenancy except on one or more of the grounds set out in Schedule 2 or in accordance with section 84A (absolute ground for possession for anti-social behaviour) or section 107D (recovery of possession on expiry of flexible tenancy).
The court shall not make an order for possession— and Part IV of that Schedule has effect for determining whether suitable accommodation will be available for a tenant.
on the grounds set out in Part I of Schedule 2 (grounds 1 to 8), unless it considers it reasonable to make the order,
on the grounds set out in Part II of that Schedule (grounds 9 to 11), unless it is satisfied that suitable accommodation will be available for the tenant when the order takes effect,
on the grounds set out in Part III of that Schedule (grounds 12 to 16), unless it both considers it reasonable to make the order and is satisfied that suitable accommodation will be available for the tenant when the order takes effect;
Where a notice under section 83 or 83ZA has been served on the tenant, the court shall not make an order on any of the grounds mentioned in subsection (2) unless the ground is specified in the notice; but the grounds so specified may be altered or added to with the leave of the court.
Where a date is specified in a notice under section 83 in accordance with subsection (3) of that section, the court shall not make an order which requires the tenant to give up possession of the dwelling-house in question before the date so specified.
This section applies to a secure tenancy if the landlord is—
a local housing authority;
a housing action trust;
a private registered provider of social housing;
a registered social landlord.
The landlord may apply to the county court for a demotion order.
A demotion order has the following effect—
the secure tenancy is terminated with effect from the date specified in the order;
if the tenant remains in occupation of the dwelling-house after that date a demoted tenancy is created with effect from that date;
it is a term of the demoted tenancy that any arrears of rent payable at the termination of the secure tenancy become payable under the demoted tenancy;
it is also a term of the demoted tenancy that any rent paid in advance or overpaid at the termination of the secure tenancy is credited to the tenant’s liability to pay rent under the demoted tenancy.
The court must not make a demotion order unless it is satisfied—
that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to engage in—
conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or
conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and
that it is reasonable to make the order.
Each of the following has effect in respect of a demoted tenancy at the time it is created by virtue of an order under this section as it has effect in relation to the secure tenancy at the time it is terminated by virtue of the order—
the parties to the tenancy;
the period of the tenancy;
the amount of the rent;
the dates on which the rent is payable.
Subsection (5)(b) does not apply if the secure tenancy was for a fixed term and in such a case the demoted tenancy is a weekly periodic tenancy.
If the landlord of the demoted tenancy serves on the tenant a statement of any other express terms of the secure tenancy which are to apply to the demoted tenancy such terms are also terms of the demoted tenancy.
In subsection (4)(a)(ii) “housing accommodation” includes—
flats, lodging-houses and hostels;
any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;
any common areas used in connection with the accommodation.
For the purposes of this section a demoted tenancy is—
a tenancy to which section 143A of the Housing Act 1996 applies if the landlord of the secure tenancy is a local housing authority or a housing action trust;
a tenancy to which section 20B of the Housing Act 1988 applies if the landlord of the secure tenancy is a private registered provider of social housing or a registered social landlord.
Where proceedings are brought for possession of a dwelling-house let under a secure tenancy on any of the grounds set out in Part I or Part III of Schedule 2 (grounds 1 to 8 and 12 to 16: cases in which the court must be satisfied that it is reasonable to make a possession order), the court may adjourn the proceedings for such period or periods as it thinks fit.
On the making of an order for possession of such a dwelling-house on any of those grounds, or at any time before the execution of the order, the court may— for such period or periods as the court thinks fit.
stay or suspend the execution of the order, or
postpone the date of possession,
On such an adjournment, stay, suspension or postponement the court—
shall impose conditions with respect to the payment by the tenant of arrears of rent (if any) and rent . . . unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, and
may impose such other conditions as it thinks fit.
The court may discharge or rescind the order for possession if it thinks it appropriate to do so having had regard to—
any conditions imposed under subsection (3), and
the conduct of the tenant in connection with those conditions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the tenant’s spouse or former spouse, having rights of occupation under the Matrimonial Homes Act 1983, is then in occupation of the dwelling-house, and
the tenancy is terminated as a result of those proceedings,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a secure tenancy (“the first tenancy”) is a tenancy for a term certain and comes to an end— a periodic tenancy of the same dwelling-house arises by virtue of this section, unless the tenant is granted another secure tenancy of the same dwelling-house (whether a tenancy for a term certain or a periodic tenancy) to begin on the coming to an end of the first tenancy.
by effluxion of time, or
by an order of the court under section 82(3) (termination in pursuance of provision for re-entry or forfeiture),
Where a periodic tenancy arises by virtue of this section— except that the terms are confined to those which are compatible with a periodic tenancy and do not include any provision for re-entry or forfeiture.
the periods of the tenancy are the same as those for which rent was last payable under the first tenancy, and
the parties and the terms of the tenancy are the same as those of the first tenancy at the end of it;
This section applies in relation to proceedings for possession of a dwelling-house under section 84A (absolute ground for possession for anti-social behaviour), including proceedings where possession is also sought on one or more of the grounds set out in Schedule 2.
The court must not entertain the proceedings unless the landlord has served on the tenant a notice under this section.
The notice must—
state that the court will be asked to make an order under section 84A for the possession of the dwelling-house,
set out the reasons for the landlord's decision to apply for the order (including the condition or conditions in section 84A on which the landlord proposes to rely), and
inform the tenant of any right that the tenant may have under section 85ZA to request a review of the landlord's decision and of the time within which the request must be made.
In a case where possession is also sought on one or more of the grounds set out in Schedule 2, the notice must also—
specify the ground on which the court will be asked to make the order, and
give particulars of that ground.
A notice which states that the landlord proposes to rely upon condition 1, 3 or 5 in section 84A—
must also state the conviction on which the landlord proposes to rely, and
must be served on the tenant within—
the period of 12 months beginning with the day of the conviction, or
if there is an appeal against the conviction, the period of 12 months beginning with the day on which the appeal is finally determined or abandoned.
A notice which states that the landlord proposes to rely upon condition 2 in section 84A—
must also state the finding on which the landlord proposes to rely, and
must be served on the tenant within—
the period of 12 months beginning with the day on which the court has made the finding, or
if there is an appeal against the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.
A notice which states that the landlord proposes to rely upon condition 4 in section 84A—
must also state the closure order concerned, and
must be served on the tenant within—
the period of 3 months beginning with the day on which the closure order was made, or
if there is an appeal against the making of the order, the period of 3 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.
A notice under this section must also inform the tenant that, if the tenant needs help or advice about the notice and what to do about it, the tenant should take it immediately to a Citizens' Advice Bureau, a housing aid centre, a law centre or a solicitor.
The notice—
must also specify the date after which proceedings for the possession of the dwelling-house may be begun, and
ceases to be in force 12 months after the date so specified.
The date specified in accordance with subsection (9)(a) must not be earlier than—
in the case of a periodic tenancy, the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same day as the notice under this section;
in the case of a secure tenancy for a term certain, one month after the date of the service of the notice.
Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and subsection (10)(a) does not apply to the notice.
Where a notice under section 83 has been served on a tenant containing the information mentioned in subsection (3)(a) of that section, the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun at a time when the notice is still in force.
Where— the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun after the date so specified and at a time when the notice is still in force.
a notice under section 83 or 83ZA has been served on a tenant, and
a date after which proceedings may be begun has been specified in the notice in accordance with section 83(4)(a) or section 83ZA(9)(a),
Where— the court shall not entertain proceedings for the possession of the dwelling-house unless it is satisfied that the landlord has served a copy of the notice on the partner who has left or has taken all reasonable steps to serve a copy of the notice on that partner. This subsection has effect subject to subsection (5).
the ground or one of the grounds specified in a notice under section 83 or 83ZA is Ground 2A in Schedule 2 (domestic violence), and
the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house,
Where— the court shall not continue to entertain the proceedings unless it is satisfied that the landlord has served a notice under subsection (6) on the partner who has left or has taken all reasonable steps to serve such a notice on that partner. This subsection has effect subject to subsection (5).
Ground 2A in Schedule 2 is added to a notice under section 83 or 83ZA with the leave of the court after proceedings for possession are begun, and
the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings,
Where subsection (3) or (4) applies and Ground 2 in Schedule 2 (nuisance or other anti-social behaviour) is also specified in a notice under section 83 or a notice is served under section 83ZA, the court may dispense with the requirements as to service in relation to the partner who has left the dwelling-house if it considers it just and equitable to do so.
A notice under this subsection shall—
state that proceedings for the possession of the dwelling-house have begun,
specify the ground or grounds on which possession is being sought, and
give particulars of the ground or grounds.
If the court is satisfied that any of the following conditions is met, it must make an order for the possession of a dwelling-house let under a secure tenancy. This is subject to subsection (2) (and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998).
Subsection (1) applies only where the landlord has complied with any obligations it has under section 85ZA (review of decision to seek possession).
Condition 1 is that—
the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and
the serious offence—
was committed (wholly or partly) in, or in the locality of, the dwelling-house,
was committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
was committed elsewhere against the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and directly or indirectly related to or affected those functions.
Condition 2 is that a court has found in relevant proceedings that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, other than a provision requiring a person to participate in a particular activity, and—
the breach occurred in, or in the locality of, the dwelling-house, or
the breach occurred elsewhere and the provision breached was a provision intended to prevent—
conduct that is capable of causing nuisance or annoyance to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
conduct that is capable of causing nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.
Condition 3 is that the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 or section 339 of the Sentencing Code consisting of a breach of a provision of a criminal behaviour order prohibiting a person from doing anything described in the order, and the offence involved—
a breach that occurred in, or in the locality of, the dwelling-house, or
a breach that occurred elsewhere of a provision intended to prevent—
behaviour that causes or is likely to cause harassment, alarm or distress to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
behaviour that causes or is likely to cause harassment, alarm or distress to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.
Condition 4 is that—
the dwelling-house is or has been subject to a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, and
access to the dwelling-house has been prohibited (under the closure order or under a closure notice issued under section 76 of that Act) for a continuous period of more than 48 hours.
Condition 5 is that—
the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under—
section 80(4) of the Environmental Protection Act 1990 (breach of abatement notice in relation to statutory nuisance), or
section 82(8) of that Act (breach of court order to abate statutory nuisance etc. ), and
the nuisance concerned was noise emitted from the dwelling-house which was a statutory nuisance for the purposes of Part 3 of that Act by virtue of section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance).
Condition 1, 2, 3, 4 or 5 is not met if—
there is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or
the final determination of the appeal results in the conviction, finding or order being overturned.
In this section—
The Secretary of State may by order amend Schedule 2A as it applies in relation to dwelling-houses in England by—
adding an indictable offence;
removing an offence.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An order under subsection (10) ...—
is to be made by statutory instrument;
may make different provision for different purposes;
may include incidental, supplementary, consequential, transitional or saving provision.
A statutory instrument containing an order under subsection (10) ... may not be made unless a draft of the instrument has been laid before and approved by a resolution of—
each House of Parliament (in the case of an order of the Secretary of State)...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A tenant may request a review of a landlord's decision to seek an order for possession of a dwelling-house under section 84A if the interest of the landlord belongs to—
a local housing authority, or
a housing action trust.
Such a request must be made in writing before the end of the period of 7 days beginning with the day on which the notice under section 83ZA is served.
On a request being duly made to it, the landlord must review its decision.
The landlord must notify the tenant in writing of the decision on the review.
If the decision is to confirm the original decision, the landlord must also notify the tenant of the reasons for the decision.
The review must be carried out, and the tenant notified, before the day specified in the notice under section 83ZA as the day after which proceedings for the possession of the dwelling-house may be begun.
The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section that relates to an order for possession of a dwelling-house in England.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations under subsection (7) may, in particular, make provision—
requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and
as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom the person may be represented at such a hearing.
Regulations under this section—
may contain transitional or saving provision;
are to be made by statutory instrument which—
in the case of regulations made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies if the court is considering under section 84(2)(a) whether it is reasonable to make an order for possession on ground 2 set out in Part 1 of Schedule 2 (conduct of tenant or other person).
The court must consider, in particular—
the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;
any continuing effect the nuisance or annoyance is likely to have on such persons;
the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
he is the tenant’s spouse, or
he is another member of the tenant’s family and has resided with the tenant throughout the period of twelve months ending with the tenant’s death;
A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if—
P occupies the dwelling-house as P's only or principal home at the time of the tenant's death, and
P is the tenant's spouse or civil partner.
A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if—
at the time of the tenant's death the dwelling-house is not occupied by a spouse or civil partner of the tenant as his or her only or principal home,
an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and
P's succession is in accordance with that term.
Subsection (1) or (2) does not apply if the tenant was a successor as defined in section 88.
In such a case, a person (“P”) is qualified to succeed the tenant if—
an express term of the tenancy makes provision for a person to succeed a successor to the tenancy, and
P's succession is in accordance with that term.
For the purposes of this section, a person who was living with the tenant as if they were a married couple or civil partners is to be treated as the tenant’s spouse or civil partner.
Subsection (7) applies if, on the death of the tenant, there is by virtue of subsection (5) more than one person who fulfils the condition in subsection (1)(b).
Such one of those persons as may be agreed between them or as may, where there is no such agreement, be selected by the landlord is for the purpose of this section to be treated ... as the tenant's spouse or civil partner.
The tenant is himself a successor if—
the tenancy vested in him by virtue of section 89 (succession to a periodic tenancy), or
he was a joint tenant and has become the sole tenant, or
the tenancy arose by virtue of section 86 (periodic tenancy arising on ending of term certain) and the first tenancy there mentioned was granted to another person or jointly to him and another person, or
he became the tenant on the tenancy being assigned to him (but subject to subsections (2) to (3) , or
he became the tenant on the tenancy being vested in him on the death of the previous tenant or.
the tenancy was previously an introductory tenancy and he was a successor to the introductory tenancy.
A tenant to whom the tenancy was assigned in pursuance of an order under section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) or section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.)is a successor only if the other party to the marriage was a successor.
A tenant to whom the tenancy was assigned by virtue of section 92 (assignments by way of exchange) is a successor only if he was a successor in relation to the tenancy which he himself assigned by virtue of that section.
A tenant to whom the tenancy was assigned in pursuance of an order under Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ) is a successor only if the other civil partner was a successor.
Where within six months of the coming to an end of a secure tenancy which is a periodic tenancy (“the former tenancy”) the tenant becomes a tenant under another secure tenancy which is a periodic tenancy, and— the tenant is also a successor in relation to the other tenancy unless the agreement creating that tenancy otherwise provides.
the tenant was a successor in relation to the former tenancy, and
under the other tenancy either the dwelling-house or the landlord, or both, are the same as under the former tenancy,
This section applies where a secure tenant dies and the tenancy is a periodic tenancy.
Where there is a person qualified to succeed the tenant under section 87, the tenancy vests by virtue of this section in that person, or if there is more than one such person in the one to be preferred in accordance with the following rules—
the tenant’s spouse or civil partner is to be preferred to another member of the tenant’s family;
of two or more other members of the tenant’s family such of them is to be preferred as may be agreed between them or as may, where there is no such agreement, be selected by the landlord.
Where there is a person qualified to succeed the tenant under section 86A, the tenancy vests by virtue of this section—
in that person, or
if there is more than one such person, in such one of them as may be agreed between them or as may, where there is no agreement, be selected by the landlord.
Where there is no person qualified to succeed the tenant, the tenancy ceases to be a secure tenancy—
when it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, unless the vesting or other disposal is in pursuance of an order made under—
section 24 of the Matrimonial Causes Act 1973 (property adjustment orders made in connection with matrimonial proceedings),
section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), . . .
paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) , or
Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. )
when it is known that when the tenancy is so vested or disposed of it will not be in pursuance of such an order.
A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.
This section applies where a secure tenant dies and the tenancy is a tenancy for a term certain.
The tenancy remains a secure tenancy until—
it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, as mentioned in subsection (3), or
it is known that when it is so vested or disposed of it will not be a secure tenancy.
The tenancy ceases to be a secure tenancy on being vested or otherwise disposed of in the course of administration of the tenant’s estate, unless—
the vesting or other disposal is in pursuance of an order made under—
section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), . . .
paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents), or
Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ), or
the vesting or other disposal is to a person qualifed to succeed the tenant.
A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.
The following provisions apply where a tenancy that was a secure tenancy of a dwelling-house in England—
has been vested or otherwise disposed of in the course of the administration of the secure tenant's estate, and
has ceased to be a secure tenancy by virtue of this section.
Subject as follows, the landlord may apply to the court for an order for possession of the dwelling-house let under the tenancy.
The court may not entertain proceedings for an order for possession under this section unless—
the landlord has served notice in writing on the tenant—
stating that the landlord requires possession of the dwelling-house, and
specifying a date after which proceedings for an order for possession may be begun, and
that date has passed without the tenant giving up possession of the dwelling-house.
The date mentioned in subsection (7)(a)(ii) must fall after the end of the period of four weeks beginning with the date on which the notice is served on the tenant.
On an application to the court for an order for possession under this section, the court must make such an order if it is satisfied that subsection (5) applies to the tenancy.
The tenancy ends when the order is executed.
A secure tenancy which is— is not capable of being assigned except in the cases mentioned in subsection (3).
a periodic tenancy, or
a tenancy for a term certain granted on or after 5th November 1982,
If a secure tenancy for a term certain granted before 5th November 1982 is assigned, then, except in the cases mentioned in subsection (3), it ceases to be a secure tenancy and cannot subsequently become a secure tenancy.
The exceptions are—
an assignment in accordance with section 92 (assignment by way of exchange);
an assignment in pursuance of an order made under—
section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), . . .
paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) , or
Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. )
an assignmment to a person who would be qualified to succeed the tenant if the tenant died immediately before the assignment.
It is a term of every secure tenancy that the tenant may, with the written consent of the landlord, assign the tenancy to another secure tenant who satisfies the condition in subsection (2) or to an assured tenant who satisfies the conditions in subsection (2A).
The condition is that the other secure tenant has the written consent of his landlord to an assignment of his tenancy either to the first-mentioned tenant or to another secure tenant who satisfies the condition in this subsection.
It is a term of every secure tenancy that the tenancy may, with the written consent of the landlord, assign the tenancy to—
another secure tenant who satisfies the condition in subsection (2),
an assured tenant who satisfies the conditions in subsection (2A), or
a tenant who is a secure contract-holder and who satisfies the conditions in subsection (2B).
The consent required by virtue of this section shall not be withheld except on one or more of the grounds set out in Schedule 3, and if withheld otherwise than on one of those grounds shall be treated as given.
The landlord may not rely on any of the grounds set out in Schedule 3 unless he has, within 42 days of the tenant’s application for the consent, served on the tenant a notice specifying the ground and giving particulars of it.
The conditions to be satisfied with respect to an assured tenant are—
that the landlord under his assured tenancy is the Regulator of Social Housing, a private registered provider of social housing, . . . a a registered social landlord or a housing trust which is a charity; and
that he intends to assign his assured tenancy to the secure tenant referred to in subsection (1) or to another secure tenant who satisfies the condition in subsection (2).
Where rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed, the consent required by virtue of this section may be given subject to a condition requiring the tenant to pay the outstanding rent, remedy the breach or perform the obligation.
The conditions to be satisfied with respect to a tenant who is a secure contract-holder are that—
their landlord is a community landlord, and
they intend to transfer their secure contract to—
the secure tenant referred to in subsection (1),
another secure tenant who satisfies the condition in subsection (2), or
another secure contract-holder.
Except as provided by subsection (5), a consent required by virtue of this section cannot be given subject to a condition, and a condition imposed otherwise than as so provided shall be disregarded.
In this section, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)—
“community landlord” (see section 9 of that Act);
“contract-holder” (see section 7 (see also section 48) of that Act);
“secure contract” (see section 8 of that Act).
It is a term of every secure tenancy that the tenant—
may allow any persons to reside as lodgers in the dwelling-house, but
will not, without the written consent of the landlord, sublet or part with possession of part of the dwelling-house.
If the tenant under a secure tenancy parts with the possession of the dwelling-house or sublets the whole of it (or sublets first part of it and then the remainder), the tenancy ceases to be a secure tenancy and cannot subsequently become a secure tenancy.
This section applies to the consent required by virtue of section 93(1)(b) (landlord’s consent to subletting of part of dwelling-house).
Consent shall not be unreasonably withheld (and if unreasonably withheld shall be treated as given), and if a question arises whether the withholding of consent was unreasonable it is for the landlord to show that it was not.
In determining that question the following matters, if shown by the landlord, are among those to be taken into account—
that the consent would lead to overcrowding of the dwelling-house within the meaning of Part X (overcrowding);
that the landlord proposes to carry out works on the dwelling-house, or on the building of which it forms part, and that the proposed works will affect the accommodation likely to be used by the sub-tenant who would reside in the dwelling-house as a result of the consent.
Consent may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.
Consent cannot be given subject to a condition (and it purporting to be given subject to a condition shall be treated as given unconditionally).
Where the tenant has applied in writing for consent, then—
if the landlord refuses to give consent, it shall give the tenant a written statement of the reasons why consent was refused, and
if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.
This section applies to a tenancy which is not a secure tenancy but would be if the tenant condition referred to in section 81 (occupation by the tenant) were satisfied.
Sections 91 and 93(2) (restrictions on assignment or sub-letting of whole dwelling-house) apply to such a tenancy as they apply to a secure tenancy, except that—
section 91(3)(b) and (c) (assignments excepted from restrictions) do not apply to such a tenancy for a term certain granted before 5th November 1982, and
references to the tenancy ceasing to be secure shall be disregarded, without prejudice to the application of the remainder of the provisions in which those references occur.
The Secretary of State may make regulations for entitling secure tenants whose landlords are local housing authorities, subject to and in accordance with the regulations, to have qualifying repairs carried out, at their landlords’ expense, to the dwelling-houses of which they are such tenants.
to carry out to the dwelling-houses of which they are secure tenants repairs which their landlords are obliged by repairing covenants to carry out, and
after carrying out the repairs, to recover from their landlords such sums as may be determined by or under the scheme.
The regulations may make all or any of the following provisions, namely—
provision that, where a secure tenant makes an application to his landlord for a qualifying repair to be carried out, the landlord shall issue a repair notice—
specifying the nature of the repair, the listed contractor by whom the repair is to be carried out and the last day of any prescribed period; and
containing such other particulars as may be prescribed;
provision that, if the contractor specified in a repair notice fails to carry out the repair within a prescribed period, the landlord shall issue a further repair notice specifying such other listed contractor as the tenant may require; and
provision that, if the contractor specified in a repair notice fails to carry out the repair within a prescribed period, the landlord shall pay to the tenant such sum by way of compensation as may be determined by or under the regulations.
The regulations may also make such procedural, incidental, supplementary and transitional provisions as may appear to the Secretary of State necessary or expedient, and may in particular—
require a landlord to take such steps as may be prescribed to make its secure tenants aware of the provisions of the regulations;
require a landlord to maintain a list of contractors who are prepared to carry out repairs for which it is responsible under the regulations;
provide that, where a landlord issues a repair notice, it shall give to the tenant a copy of the notice and the prescribed particulars of at least two other listed contractors who are competent to carry out the repair;
provide for questions arising under the regulations to be determined by the county court; and
enable the landlord to set off against any compensation payable under the regulations any sums owed to it by the tenant.
Nothing in subsection (2) or (3) shall be taken as prejudicing the generality of subsection (1).
Regulations under this section—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section— and for the purposes of this subsection a prescribed description may be framed by reference to any circumstances whatever.
It is a term of every secure tenancy that the tenant will not make any improvement without the written consent of the landlord.
In this Part “improvement” means any alteration in, or addition to, a dwelling-house, and includes—
any addition to or alteration in landlord’s fixtures and fittings,
any addition or alteration connected with the provision of services to the dwelling-house,
the erection of a wireless or television aerial, and
the carrying out of external decoration.
The consent required by virtue of subsection (1) shall not be unreasonably withheld, and if unreasonably withheld shall be treated as given.
The provisions of this section have effect, in relation to secure tenancies, in place of section 19(2) of the Landlord and Tenant Act 1927 (general provisions as to covenants, &c. not to make improvements without consent).
In this section “ secure tenancy ” does not include a secure tenancy that is a flexible tenancy.
If a question arises whether the withholding of a consent required by virtue of section 97 (landlord’s consent to improvements) was unreasonable, it is for the landlord to show that it was not.
In determining that question the court shall, in particular, have regard to the extent to which the improvement would be likely—
to make the dwelling-house, or any other premises, less safe for occupiers,
to cause the landlord to incur expenditure which it would be unlikely to incur if the improvement were not made, or
to reduce the price which the dwelling-house would fetch if sold on the open market or the rent which the landlord would be able to charge on letting the dwelling-house.
A consent required by virtue of section 97 may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.
Where a tenant has applied in writing for a consent which is required by virtue of section 97—
the landlord shall if it refuses consent give the tenant a written statement of the reason why consent was refused, and
if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.
Consent required by virtue of section 97 (landlord’s consent to improvements) may be given subject to conditions.
If the tenant has applied in writing for consent and the landlord gives consent subject to an unreasonable condition, consent shall be taken to have been unreasonably withheld.
If a question arises whether a condition was reasonable, it is for the landlord to show that it was.
A failure by a secure tenant to satisfy a reasonable condition imposed by his landlord in giving consent to an improvement which the tenant proposes to make, or has made, shall be treated for the purposes of this Part as a breach by the tenant of an obligation of his tenancy.
Where a secure tenant has made an improvement and— the landlord may, at or after the end of the tenancy, make to the tenant (or his personal representatives) such payment in respect of the improvement as the landlord considers to be appropriate.
the work on the improvement was begun on or after 3rd October, 1980,
the landlord, or a predecessor in title of the landlord, has given its written consent to the improvement or is treated as having given its consent, and
the improvement has materially added to the price which the dwelling-house may be expected to fetch if sold on the open market, or the rent which the landlord may be expected to be able to charge on letting the dwelling-house,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The power conferred by this section to make such payments as are mentioned in subsection (1) is in addition to any other power of the landlord to make such payments.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The powers conferred by this section shall be exercisable as respects cases where a secure tenant has made an improvement and—
the work on the improvement was begun not earlier than the commencement of section 122 of the Leasehold Reform, Housing and Urban Development Act 1993,
the landlord, or a predecessor in title of the landlord (being a local authority), has given its written consent to the improvement or is to be treated as having given its consent, and
at the time when the tenancy comes to an end the landlord is a local authority and the tenancy is a secure tenancy.
The Secretary of State may make regulations for entitling the qualifying person or persons (within the meaning given by section 99B)— to be paid compensation by the landlord in respect of the improvement.
at the time when the tenancy comes to an end, and
subject to and in accordance with the regulations,
The regulations may provide that compensation shall be not payable if— and for the purposes of this subsection a prescribed description may be framed by reference to any circumstances whatever.
the improvement is not of a prescribed description,
the tenancy comes to an end in prescribed circumstances,
compensation has been paid under section 100 in respect of the improvement, or
the amount of any compensation which would otherwise be payable is less than a prescribed amount;
The regulations may provide that the amount of any compensation payable shall not exceed a prescribed amount but, subject to that, shall be determined by the landlord, or calculated, in such manner, and taking into account such matters, as may be prescribed.
The regulations may also make such procedural, incidental, supplementary and transitional provisions as may appear to the Secretary of State necessary or expedient, and may in particular—
provide for the manner in which and the period within which claims for compensation under the regulations are to be made, and for the procedure to be followed in determining such claims,
prescribe the form of any document required to be used for the purposes of or in connection with such claims,
provide for questions arising under the regulations to be determined by the district valuer or the county court, and
enable the landlord to set off against any compensation payable under the regulations any sums owed to it by the qualifying person or persons.
Nothing in subsections (3) to (5) shall be taken as prejudicing the generality of subsection (2).
Regulations under this section—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which (except in the case of regulations making only such provision as is mentioned in subsection (5)(b)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of this section and section 99B, a tenancy shall be treated as coming to an end if—
it ceases to be a secure tenancy by reason of the landlord condition no longer being satisfied, or
it is assigned, with the consent of the landlord—
to another secure tenant who satisfies the condition in subsection (2) of section 92 (assignments by way of exchange), or
to an assured tenant who satisfies the conditions in subsection (2A) of that section.
In this section—
“ secure tenancy ” does not include a secure tenancy that is a flexible tenancy, and
“ secure tenant ” does not include a tenant under a secure tenancy that is a flexible tenancy.
This section applies where a person (the “improving tenant”) who is or was the secure tenant of a dwelling-house has lawfully made an improvement and has borne the whole or part of its cost; and for the purposes of this section a person shall be treated as having borne any cost which he would have borne but for a renovation grant or common parts grant under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing).
In determining, at any time whilst the improving tenant or his qualifying successor is a secure tenant of the dwelling-house, whether or to what extent to increase the rent, the landlord shall treat the improvement as justifying only such part of an increase which would otherwise be attributable to the improvement as corresponds to the part of the cost which was not borne by the tenant (and accordingly as not justifying an increase if he bore the whole cost).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following are qualifying successors of an improving tenant—
a person in whom the tenancy was vested, or to whom the tenancy was disposed of, under section 89 (succession to periodic tenancy) or section 90 (devolution of term certain) on the death of the tenant or in the course of the administration of his estate;
a person to whom the tenancy was assigned by the tenant and who would have been qualified to succeed him if he had died immediately before the assignment,
a person to whom the tenancy was assigned by the tenant in pursuance of an order made under—
section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), . . .
paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) , or
Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. )
a spouse, former spouse, civil partner, former civil partner, cohabitant or former cohabitant of the tenant to whom the tenancy has been transferred by an order made under Schedule 1 to the Matrimonial Homes Act 1983 or Schedule 7 to the Family Law Act 1996.
This section does not apply to an increase of rent attributable to rates or to council tax.
A person is a qualifying person for the purposes of section 99A(2) if—
he is, at the time when the tenancy comes to an end, the tenant or, in the case of a joint tenancy at that time, one of the tenants, and
he is a person to whom subsection (2) applies.
This subsection applies to—
the improving tenant;
a person who became a tenant jointly with the improving tenant;
a person in whom the tenancy was vested, or to whom the tenancy was disposed of, under section 89 (succession to periodic tenancy) or section 90 (devolution of term certain) on the death of the improving tenant or in the course of the administration of his estate;
a person to whom the tenancy was assigned by the improving tenant and who would have been qualified to succeed him if he had died immediately before the assignment;
a person to whom the tenancy was assigned by the improving tenant in pursuance of an order made under—
section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), . . .
paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) , or
Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. )
a spouse, former spouse, civil partner, former civil partner, cohabitant or former cohabitant of the improving tenant to whom the tenancy has been transferred by an order made under Schedule 1 to the Matrimonial Homes Act 1983 or Schedule 7 to the Family Law Act 1996.
Subsection (2)(c) does not apply in any case where the tenancy ceased to be a secure tenancy by virtue of section 89(3) or, as the case may be, section 90(3).
Where, in the case of two or more qualifying persons, one of them (“the missing person”) cannot be found—
a claim under regulations made under section 99A may be made by, and compensation under those regulations may be paid to, the other qualifying person or persons; but
the missing person shall be entitled to recover his share of any compensation so paid from that person or those persons.
In this section “the improving tenant” means—
the tenant by whom the improvement mentioned in section 99A(1) was made, or
in the case of a joint tenancy at the time when the improvement was made, any of the tenants at that time.
The terms of a secure tenancy may be varied in the following ways, and not otherwise—
by agreement between the landlord and the tenant;
to the extent that the variation relates to rent or to payments in respect of rates , council taxor services, by the landlord or the tenant in accordance with a provision in the lease or agreement creating the tenancy, or in an agreement varying it;
in accordance with section 103 (notice of variation of periodic tenancy).
References in this section and section 103 to variation include addition and deletion; and for the purposes of this section the conversion of a monthly tenancy into a weekly tenancy, or a weekly tenancy into a monthly tenancy, is a variation of a term of the tenancy, but a variation of the premises let under a tenancy is not.
This section and section 103 do not apply to a term of a tenancy which—
is implied by an enactment, or
may be varied under section 93 of the Rent Act 1977 (housing association and other tenancies: increase of rent without notice to quit).
This section and section 103 apply in relation to the terms of a periodic tenancy arising by virtue of section 86 (periodic tenancy arising on termination of a fixed term) as they would have applied to the terms of the first tenancy mentioned in that section had that tenancy been a periodic tenancy.
The terms of a secure tenancy which is a periodic tenancy may be varied by the landlord by a notice of variation served on the tenant.
Before serving a notice of variation on the tenant the landlord shall serve on him a preliminary notice— and the landlord shall consider any comments made by the tenant within the specified time.
informing the tenant of the landlord’s intention to serve a notice of variation,
specifying the proposed variation and its effect, and
inviting the tenant to comment on the proposed variation within such time, specified in the notice, as the landlord considers reasonable;
Subsection (2) does not apply to a variation of the rent, or of payments in respect of services or facilities provided by the landlord or of payments in respect of rates.
The notice of variation shall specify— and the period between the date on which it is served and the date on which it takes effect must be at least four weeks or the rental period, whichever is the longer.
the variation effected by it, and
the date on which it takes effect;
The notice of variation, when served, shall be accompanied by such information as the landlord considers necessary to inform the tenant of the nature and effect of the variation.
If after the service of a notice of variation the tenant, before the date on which the variation is to take effect, gives a valid notice to quit, the notice of variation shall not take effect unless the tenant, with the written agreement of the landlord, withdraws his notice to quit before that date.
Every body which lets dwelling-houses under secure tenancies shall from time to time publish information about its secure tenancies, in such form as it considers best suited to explain in simple terms, and so far as it considers it appropriate, the effect of— and shall ensure that so far as is reasonably practicable the information so published is kept up to date.
the express terms of its secure tenancies,
the provisions of this Part . . . , and
the provisions of sections 11 to 16 of the Landlord and Tenant Act 1985 (landlord’s repairing obligations),
The landlord under a secure tenancy shall supply the tenant with— and the statement required by paragraph (b) shall be supplied when the secure tenancy arises or as soon as practicable afterwards.
a copy of the information for secure tenants published by it under subsection (1), and
a written statement of the terms of the tenancy, so far as they are neither expressed in the lease or written tenancy agreement (if any) nor implied by law;
A local authority which is the landlord under a secure tenancy shall supply the tenant, at least once in every relevant year, with a copy of such information relating to the provisions mentioned in subsection (1)(b) and (c) as was last published by it; and in this subsection “ relevant year ” means any period of twelve months beginning with an anniversary of the date of such publication.
A landlord authority shall maintain such arrangements as it considers appropriate to enable those of its secure tenants or secure contract-holders who are likely to be substantially affected by a matter of housing management to which this section applies— and the authority shall, before making any decision on the matter, consider any representations made to it in accordance with those arrangements.
to be informed of the authority’s proposals in respect of the matter, and
to make their views known to the authority within a specified period;
For the purposes of this section, a matter is one of housing management if, in the opinion of the landlord authority, it relates to— but not so far as it relates to the rent payable under a secure tenancy or secure contract or to charges for services or facilities provided by the authority.
the management, maintenance, improvement or demolition of dwelling-houses let by the authority under secure tenancies or secure contracts, or
the provision of services or amenities in connection with such dwelling-houses;
This section applies to matters of housing management which, in the opinion of the landlord authority, represent— and are likely substantially to affect either its secure tenants as a whole or a group of them who form a distinct social group or occupy dwelling-houses which constitute a distinct class (whether by reference to the kind of dwelling-house, or the housing estate or other larger area in which they are situated).
a new programme of maintenance, improvement or demolition, or
a change in the practice or policy of the authority,
In the case of a landlord authority which is a local housing authority, the reference in subsection (2) to the provision of services or amenities is a reference only to the provision of services or amenities by the authority acting in its capacity as landlord of the dwelling-houses concerned.
A landlord authority shall publish details of the arrangements which it makes under this section, and a copy of the documents published under this subsection shall—
be made available at the authority’s principal office for inspection at all reasonable hours, without charge, by members of the public, and
be given, on payment of a reasonable fee, to any member of the public who asks for one.
A landlord authority which is a private registered provider of social housing or a registered social landlord shall, instead of complying with paragraph (a) of subsection (5), send a copy of any document published under that subsection— and a council to whom a copy is sent under this subsection shall make it available at its principal office for inspection at all reasonable hours, without charge, by members of the public.
to the Relevant Authority, and
to the council of any district , Welsh county or county borough or London borough in which there are dwelling-houses let by the landlord authority under secure tenancies or secure contracts;
For the purposes of this section—
secure tenants include demoted tenants within the meaning of section 143A of the Housing Act 1996;
secure tenancies include demoted tenancies within the meaning of that section.
secure contract-holders include prohibited conduct standard contract-holders;
secure contracts include prohibited conduct standard contracts.
A landlord authority shall publish a summary of its rules—
for determining priority as between applicants in the allocation of its housing accommodation, and
governing cases where secure tenants or secure contract-holders wish to move (whether or not by way of exchange of dwelling-houses) to other dwelling-houses let under secure tenancies or secure contracts by that authority or another body.
A landlord authority shall—
maintain a set of the rules referred to in subsection (1) and of the rules which it has laid down governing the procedure to be followed in allocating its housing accommodation, and
make them available at its principal office for inspection at all reasonable hours, without charge, by members of the public.
A landlord authority which is a private registered provider of social housing or a registered social landlord shall, instead of complying with paragraph (b) of sub-section (2), send a set of the rules referred to in paragraph (a) of that subsection— and a council to whom a set of rules is sent under this subsection shall make it available at its principal office for inspection at all reasonable hours, without charge, by members of the public.
to the Relevant Authority, and
to the council of any district , Welsh county or county borough or London borough in which there are dwelling-houses let or to be let by the landlord authority under secure tenancies or secure contracts;
A copy of the summary published under subsection (1) shall be given without charge, and a copy of the set of rules maintained under subsection (2) shall be given on payment of a reasonable fee, to any member of the public who asks for one.
At the request of a person who has applied to it for housing accommodation, a landlord authority shall make available to him, at all reasonable times and without charge, details of the particulars which he has given to the authority about himself and his family and which the authority has recorded as being relevant to his application for accommodation.
The provisions of this section do not apply to a landlord authority which is a local housing authority so far as they impose requirements corresponding to those to which such an authority is subject under section 168 of the Housing Act 1996 (provision of information about ... allocation schemes).
The provisions of Schedule 3A have effect with respect to the duties of— to have regard to the views of tenants liable as a result of the disposal to cease to be secure tenants or introductory tenants.
a local authority proposing to dispose of dwelling-houses subject to secure tenancies or introductory tenancies, and
the Secretary of State in considering whether to give his consent to such a disposal,
In relation to a disposal to which that Schedule applies under paragraph 1(1) of that Schedule, the provisions of that Schedule apply in place of the provisions of section 105 (consultation on matters of housing management) in the case of secure tenants and section 137 of the Housing Act 1996 (consultation on matters of housing management) in the case of introductory tenants.
That Schedule, and this section, do not apply in relation to any disposal of an interest in land by a local authority if—
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),
the order provides that the interest is being acquired for the purpose of disposal to a private registered provider of social housing or a registered social landlord, and
such a disposal is made within one year of the acquisition.
In this section “registered social landlord” has the same meaning as in Part I of the Housing Act 1996.
The Secretary of State may with the consent of the Treasury make grants or loans towards the cost of arrangements for facilitating moves to and from homes by which—
a secure tenant becomes, at his request, the secure tenant of a different landlord, or
each of two or more tenants of dwelling-houses, one at least of which is let under a secure tenancy, becomes the tenant of the other or one of the others.
The grants or loans may be made subject to such conditions as the Secretary of State may determine, and may be made so as to be repayable, or as the case may be repayable earlier, if there is a breach of such a condition.
This section applies to secure tenants of dwelling-houses to which a heating authority supply heat produced at a heating installation.
The Secretary of State may by regulations require heating authorities to adopt such methods for determining heating charges payable by such tenants as will secure that the proportion of heating costs borne by each of those tenants is no greater than is reasonable.
The Secretary of State may by regulations make provision for entitling such tenants, subject to and in accordance with the regulations, to require the heating authority—
to give them, in such form as may be prescribed by the regulations, such information as to heating charges and heating costs as may be so prescribed, and
where such information has been given, to afford them reasonable facilities for inspecting the accounts, receipts and other documents supporting the information and for taking copies or extracts from them.
Regulations under this section—
May make different provision with respect to different cases or descriptions of case, including different provision for different areas;
may make such procedural, incidental, supplementary and transitional provision as appears to the Secretary of State to be necessary or expedient, and may in particular provide for any question arising under the regulations to be referred to and determined by the county court; and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“heating authority” means a housing authority or housing action trust who operate a heating installation and supply to premises heat produced at the installation;
“heating installation” means a generating station or other installation for producing heat;
references to heat produced at an installation include steam produced from, and air and water heated by, heat so produced;
“heating charge” means an amount payable to a heating authority in respect of heat produced at a heating installation and supplied to premises, including in the case of heat supplied to premises let by the authority such an amount payable as part of the rent;
“heating costs” means expenses incurred by a heating authority in operating a heating installation.
Sections 91 to 108 (assignment and subletting, repairs and improvements, variation of terms, provision of information and consultation, contributions to costs of transfers and heating charges) do not apply to a tenancy when the interest of the landlord belongs to a co-operative housing association.
For the purposes of this Act, a flexible tenancy is a secure tenancy to which any of the following subsections applies.
This subsection applies to a secure tenancy if—
it is granted by a landlord in England for a term certain of not less than two years, and
before it was granted the person who became the landlord under the tenancy served a written notice on the person who became the tenant under the tenancy stating that the tenancy would be a flexible tenancy.
This subsection applies to a secure tenancy if—
it becomes a secure tenancy by virtue of a notice under paragraph 4ZA(2) of Schedule 1 (family intervention tenancies becoming secure tenancies),
the landlord under the family intervention tenancy in question was a local housing authority in England,
the family intervention tenancy was granted to a person on the coming to an end of a flexible tenancy under which the person was a tenant,
the notice states that the tenancy is to become a secure tenancy that is a flexible tenancy for a term certain of the length specified in the notice, and sets out the other express terms of the tenancy, and
the length of the term specified in the notice is at least two years.
The length of the term of a flexible tenancy that becomes such a tenancy by virtue of subsection (3) is that specified in the notice under paragraph 4ZA(2) of Schedule 1.
The other express terms of the flexible tenancy are those set out in the notice, so far as those terms are compatible with the statutory provisions relating to flexible tenancies; and in this subsection “ statutory provision ” means any provision made by or under an Act.
This subsection applies to a secure tenancy if—
it is created by virtue of section 137A of the Housing Act 1996 (introductory tenancies becoming flexible tenancies), or
it arises by virtue of section 143MA of that Act (demoted tenancies becoming flexible tenancies).
This section applies if a person (“the prospective landlord”)—
offers to grant a flexible tenancy (whether or not on the coming to an end of an existing tenancy of any kind), or
serves a notice under section 137A of the Housing Act 1996 stating that, on the coming to an end of an introductory tenancy, it will become a flexible tenancy.
A person to whom the offer is made or on whom the notice is served (“ the person concerned ”) may request a review of the prospective landlord's decision about the length of the term of the tenancy.
The review may only be requested on the basis that the length of the term does not accord with a policy of the prospective landlord as to the length of the terms of the flexible tenancies it grants.
A request for a review must be made before the end of—
the period of 21 days beginning with the day on which the person concerned first receives the offer or notice, or
such longer period as the prospective landlord may in writing allow.
On a request being duly made to it, the prospective landlord must review its decision.
The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section.
The regulations may, in particular, make provision—
requiring the decision on the review to be made by a person of appropriate seniority who was not involved in the original decision, and
as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom the person may be represented at such a hearing.
The prospective landlord must notify the person concerned in writing of the decision on the review.
If the decision is to confirm the original decision, the prospective landlord must also notify the person of the reasons for the decision.
Regulations under this section—
may contain transitional or saving provision;
are to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
It is a term of every flexible tenancy that the tenant may terminate the tenancy in accordance with the following provisions of this section.
The tenant must serve a notice in writing on the landlord stating that the tenancy will be terminated on the date specified in the notice.
That date must be after the end of the period of four weeks beginning with the date on which the notice is served.
The landlord may agree with the tenant to dispense with the requirement in subsection (2) or (3).
The tenancy is terminated on the date specified in the notice or (as the case may be) determined in accordance with arrangements made under subsection (4) only if on that date—
no arrears of rent are payable under the tenancy, and
the tenant is not otherwise materially in breach of a term of the tenancy.
Subject as follows, on or after the coming to an end of a flexible tenancy a court must make an order for possession of the dwelling-house let on the tenancy if it is satisfied that the following conditions are met.
Condition 1 is that the flexible tenancy has come to an end and no further secure tenancy (whether or not a flexible tenancy) is for the time being in existence, other than a secure tenancy that is a periodic tenancy (whether or not arising by virtue of section 86).
Condition 2 is that the landlord has given the tenant not less than six months' notice in writing—
stating that the landlord does not propose to grant another tenancy on the expiry of the flexible tenancy,
setting out the landlord's reasons for not proposing to grant another tenancy, and
informing the tenant of the tenant's right to request a review of the landlord's proposal and of the time within which such a request must be made.
Condition 3 is that the landlord has given the tenant not less than two months' notice in writing stating that the landlord requires possession of the dwelling-house.
A notice under subsection (4) may be given before or on the day on which the tenancy comes to an end.
The court may refuse to grant an order for possession under this section if—
the tenant has in accordance with section 107E requested a review of the landlord's proposal not to grant another tenancy on the expiry of the flexible tenancy, and
the court is satisfied that the landlord has failed to carry out the review in accordance with provision made by or under that section or that the decision on the review is otherwise wrong in law.
If a court refuses to grant an order for possession by virtue of subsection (6) it may make such directions as to the holding of a review or further review under section 107E as it thinks fit.
This section has effect notwithstanding that, on the coming to an end of the flexible tenancy, a periodic tenancy arises by virtue of section 86.
Where a court makes an order for possession of a dwelling-house by virtue of this section, any periodic tenancy arising by virtue of section 86 on the coming to an end of the flexible tenancy comes to an end (without further notice and regardless of the period) in accordance with section 82(2).
This section is without prejudice to any right of the landlord under a flexible tenancy to recover possession of the dwelling-house let on the tenancy in accordance with this Part.
A request for a review of a landlord's decision to seek an order for possession of a dwelling-house let under a flexible tenancy must be made before the end of the period of 21 days beginning with the day on which the notice under section 107D(3) is served.
On a request being duly made to it, the landlord must review its decision.
The review must, in particular, consider whether the decision is in accordance with any policy of the landlord as to the circumstances in which it will grant a further tenancy on the coming to an end of an existing flexible tenancy.
The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section.
The regulations may, in particular, make provision—
requiring the decision on the review to be made by a person of appropriate seniority who was not involved in the original decision, and
as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom the person may be represented at such a hearing.
The landlord must notify the tenant in writing of the decision on the review.
If the decision is to confirm the original decision, the landlord must also notify the tenant of the reasons for the decision.
The review must be carried out, and the tenant notified, before the date specified in the notice of proceedings as the date after which proceedings for the possession of the dwelling-house may be begun.
Regulations under this section—
may contain transitional or saving provision;
are to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
The county court has jurisdiction to determine questions arising under this Part and to entertain proceedings brought under this Part and claims, for whatever amount, in connection with a secure tenancy.
That jurisdiction includes jurisdiction to entertain proceedings on the following questions— notwithstanding that no other relief is sought than a declaration.
whether a consent required by section 92 (assignment by way of exchange) was withheld otherwise than on one or more of the grounds set out in Schedule 3,
whether a consent required by section 93(1)(b) or 97(1) (landlord’s consent to subletting of part of dwelling-house or to carrying out of improvements) was withheld or unreasonably withheld, or
whether a statement supplied in pursuance of section 104(2)(b) (written statement of certain terms of tenancy) is accurate,
If a person takes proceedings in the High Court which, by virtue of this section, he could have taken in the county court, he is not entitled to recover any costs.
Where an authority or body within section 80 (the landlord condition for secure tenancies) becomes the landlord of a dwelling-house subject to a statutory tenancy, the tenancy shall be treated for all purposes as if it were a contractual tenancy on the same terms, and the provisions of this Part apply accordingly.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Lord Chancellor may make such rules and give such directions as he thinks fit for the purpose of giving effect to—
section 85 (extended discretion of court in certain proceedings for possession), and
section 110 (jurisdiction of county court to determine questions arising under this Part).
The rules and directions may provide—
for the exercise by a registrar of a county court of any jurisdiction exercisable under the provisions mentioned in subsection (1), and
for the conduct of proceedings in private.
The power to make rules is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of this Part a dwelling-house may be a house or a part of a house.
Land let together with a dwelling-house shall be treated for the purposes of this Part as part of the dwelling-house unless the land is agricultural land (as defined in section 26(3)(a) of the General Rate Act 1967) exceeding two acres.
A person is a member of another’s family within the meaning of this Part if—
he is the spouse or civil partner of that person, or he and that person live together as if they were a married couple or civil partners, or
he is that person’s parent, grandparent, child, grand-child, brother, sister, uncle, aunt, nephew or niece.
For the purpose of subsection (1)(b)—
a relationship by marriage or civil partnership shall be treated as a relationship by blood,
a relationship of the half-blood shall be treated as a relationship of the whole blood,
the stepchild of a person shall be treated as his child, and
an illegitimate child shall be treated as the legitimate child of his mother and reputed father.
Sections 102(1), (2) and (3)(a), 103 and 108 apply in relation to introductory tenancies as they apply in relation to secure tenancies.
In this Part “landlord authority” means— a local housing authority, a private registered provider of social housing other than a co-operative housing association, a registered social landlord other than a co-operative housing association, a housing trust , or which is a charity, a development corporation, a Mayoral development corporation, a housing action trust, or an urban development corporation, . . . . . . other than an authority in respect of which an exemption certificate has been issued.
The Secretary of State may, on an application duly made by the authority concerned, issue an exemption certificate to— a development corporation, a housing action trust, or an urban development corporation, . . . . . . if he is satisfied that it has transferred, or otherwise disposed of, at least three-quarters of the dwellings which have at any time before the making of the application been vested in it.
The application shall be in such form and shall be accompanied by such information as the Secretary of State may, either generally or in relation to a particular case, direct.
The following are long tenancies for the purposes of this Part, subject to subsection (2)—
a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;
a tenancy for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a tenancy by sub-demise from one which is not a long tenancy;
any tenancy granted in pursuance of Part V (the right to buy) , including any tenancy granted in pursuance of that Part ... by virtue of section 17 of the Housing Act 1996 (the right to acquire).
A tenancy granted so as to become terminable by notice after a death is not a long tenancy for the purposes of this Part, unless—
it is granted by a housing association which at the time of the grant is a private registered provider of social housing or a registered social landlord,
it is granted at a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, and
at the time it is granted it complies with the requirements of the regulations then in force under section 140(4)(b) of the Housing Act 1980 or paragraph 4(2)(b) of schedule 4A to the Leasehold Reform Act 1967 (conditions for exclusion of shared ownership leases from Part I of the Leasehold Reform Act 1967) or, in the case of a tenancy granted before any such regulations were brought into force, with the first such regulations to be in force.
In this Part—
In this Part, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)—
“contract-holder” (see section 7 (see also section 48) of that Act);
“prohibited conduct standard contract” (see section 116 of that Act);
“secure contract” (see section 8 of that Act).
controlling or coercive behaviour;
there is no longer such a person residing in the dwelling-house, and
rent remitted by way of rebate, or
where the Secretary of State otherwise directs, which he may do as respects the whole or part of any such income, or
The approved purposes for the purposes of this section are—
to enable the tenant to make an interim or final payment,
to enable the tenant to defray, or to defray on his behalf, any of the following—
the cost of any works to the dwelling-house,
any service charge payable in respect of the dwelling-house for works, whether or not to the dwelling-house, and
any service charge or other amount payable in respect of the dwelling-house for insurance, whether or not of the dwelling-house, and
to enable the tenant to discharge, or to discharge on his behalf, any of the following—
so much as is still outstanding of any advance or further advance which ranks in priority to the mortgage,
any arrears of interest on such an advance or further advance, and
any costs and expenses incurred in enforcing payment of any such interest, or repayment (in whole or in part) of any such advance or further advance.
the landlord requires it for occupation (whether alone or with members of his family) by such a person.
except in the case of lodging-houses and hostels, amounts included in the rents and charges in respect of rates.
as respects income from capital money carried to a fund established under paragraph 16 of Schedule 13 to the Local Government Act 1972 (general power of authorities to establish such funds as they think appropriate.)
Where different parts of an advance or further advance are made for different purposes, each of those parts shall be regarded as a separate advance or further advance for the purposes of this section.
The Secretary of State may by order prescribe— but only in relation to deeds executed after the order comes into force.
matters for which the deed by which the mortgage is effected must make provision, and
terms which must, or must not, be contained in that deed,
The deed by which the mortgage is effected may contain such other provisions as may be—
agreed between the mortgagor and the mortgagee, or
determined by the county court to be reasonably required by the mortgagor or the mortgagee.
An order under this section—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section or paragraph):— assured tenancy section 622 cemetery section 622 charity section 622 common parts (in relation to a dwelling-house let under a tenancy) section 116 consent (in Schedule 3A) paragraph 2(3) of that Schedule co-operative housing association section 5(2) . . . . . . contract-holder section 116 development corporation section 4(c) dwelling-house section 112 family (member of) section 113 flexible tenancy section 107A housing association section 5(1) housing authority section 4(a) housing purposes section 116 housing trust section 6 improvement section 97(2) introductory tenancy section 115A landlord (in Part V of Schedule 2) paragraph 5 of that Part landlord authority section 114 local authority section 4(e) local housing authority section 1, 2(2) long tenancy section 115 management agreement and manager sections 27(2)and 27B(4) new town corporation section 4(b) prohibited conduct standard contract section 116 qualified to succeed (on the death of a secure tenant) section 87 registered social landlord section 5(4) and (5) the Relevant Authority section 6A rental period section 116 secure contract section 116 secure tenancy section 79 term (in relation to a secure tenancy) section 116 urban development corporation section 4(d) variation (of the terms of a secure tenancy) section 102(2)
In this Part “introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996.
A secure tenant of a dwelling-house in England has the right to buy, that is to say, the right, in the circumstances and subject to the conditions and exceptions stated in the following provisions of this Part—
if the dwelling-house is a house and the landlord owns the freehold, to acquire the freehold of the dwelling-house;
if the landlord does not own the freehold or if the dwelling-house is a flat (whether or not the landlord owns the freehold), to be granted a lease of the dwelling-house.
Where a secure tenancy is a joint tenancy then, whether or not each of the joint tenants occupies the dwelling-house as his only or principal home, the right to buy belongs jointly to all of them or to such one or more of them as may be agreed between them; but such an agreement is not valid unless the person or at least one of the persons to whom the right to buy is to belong occupies the dwelling-house as his only or principal home.
For the purposes of this Part, a dwelling-house which is a commonhold unit (within the meaning of the Commonhold and Leasehold Reform Act 2002) shall be treated as a house and not as a flat.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The right to buy does not arise unless the period which, in accordance with Schedule 4, is to be taken into account for the purposes of this section is at least three years.
Where the secure tenancy is a joint tenancy the condition in subsection (A1) ... need be satisfied with respect to one only of the joint tenants.
The right to buy does not arise in the cases specified in Schedule 5 (exceptions to the right to buy).
The right to buy cannot be exercised if the tenant is subject to an order of the court for possession of the dwelling-house.
The right to buy cannot be exercised if the person, or one of the persons, to whom the right to buy belongs—
has made a bankruptcy application that has not been determined or has a bankruptcy petition pending against him,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is an undischarged bankrupt, ...
has made a composition or arrangement with his creditors the terms of which remain to be fulfilled. or
is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986).
The right to buy cannot be exercised at any time during the suspension period under an order made under section 121A in respect of the secure tenancy.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The court may, on the application of the landlord under a secure tenancy, make a suspension order in respect of the tenancy.
A suspension order is an order providing that the right to buy may not be exercised in relation to the dwelling-house during such period as is specified in the order (“ the suspension period ”).
The court must not make a suspension order unless it is satisfied—
that the tenant, or a person residing in or visiting the dwelling-house, has engaged or threatened to engage in—
conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or
conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and
that it is reasonable to make the order.
When deciding whether it is reasonable to make the order, the court must consider, in particular—
whether it is desirable for the dwelling-house to be managed by the landlord during the suspension period; and
where the conduct mentioned in subsection (3)(a) consists of conduct by a person which is capable of causing nuisance or annoyance, the effect that the conduct (or the threat of it) has had on other persons, or would have if repeated.
Where a suspension order is made—
any existing claim to exercise the right to buy in relation to the dwelling-house ceases to be effective as from the beginning of the suspension period, and
section 138(1) shall not apply to the landlord, in connection with such a claim, at any time after the beginning of that period, but
the order does not affect the computation of any period in accordance with Schedule 4.
The court may, on the application of the landlord, make (on one or more occasions) a further order which extends the suspension period under the suspension order by such period as is specified in the further order.
The court must not make such a further order unless it is satisfied—
that, since the making of the suspension order (or the last order under subsection (6)), the tenant, or a person residing in or visiting the dwelling-house, has engaged or threatened to engage in—
conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or
conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and
that it is reasonable to make the further order.
When deciding whether it is reasonable to make such a further order, the court must consider, in particular—
whether it is desirable for the dwelling-house to be managed by the landlord during the further period of suspension; and
where the conduct mentioned in subsection (7)(a) consists of conduct by a person which is capable of causing nuisance or annoyance, the effect that the conduct (or the threat of it) has had on other persons, or would have if repeated.
In this section any reference to the tenant under a secure tenancy is, in relation to a joint tenancy, a reference to any of the joint tenants.
In this section “housing accommodation” includes—
flats, lodging-houses and hostels;
any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;
any common areas used in connection with the accommodation.
Every body which lets dwelling-houses in England under secure tenancies shall prepare a document that contains information for its secure tenants about such matters as are specified in an order made by the Secretary of State.
The matters that may be so specified are matters which the Secretary of State considers that it would be desirable for secure tenants to have information about when considering whether to exercise the right to buy or the right to acquire on rent to mortgage terms.
The information contained in the document shall be restricted to information about the specified matters, and the information about those matters—
shall be such as the body concerned considers appropriate, but
shall be in a form which the body considers best suited to explaining those matters in simple terms.
Once a body has prepared the document required by subsection (1), it shall revise it as often as it considers necessary in order to ensure that the information contained in it—
is kept up to date so far as is reasonably practicable, and
reflects any changes in the matters for the time being specified in an order under this section.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section sets out when the document prepared by a body under section 121AA is to be published or otherwise made available.
The body shall— at such times as may be prescribed by, and otherwise in accordance with, an order made by the Secretary of State.
publish the document (whether in its original or a revised form), and
supply copies of it to the body’s secure tenants of dwelling-houses in England,
The body shall make copies of the current version of the document available to be supplied, free of charge, to persons requesting them.
The copies must be made available for that purpose— at reasonable hours.
at the body’s principal offices, and
at such other places as it considers appropriate,
The body shall take such steps as it considers appropriate to bring to the attention of its secure tenants of dwelling-houses in England the fact that copies of the current version of the document can be obtained free of charge from the places where, and at the times when, they are made available in accordance with subsection (4).
In this section any reference to the current version of the document is to the version of the document that was last published by the body in accordance with subsection (2)(a).
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A secure tenant claims to exercise the right to buy by written notice to that effect served on the landlord.
In this Part “the relevant time”, in relation to an exercise of the right to buy, means the date on which that notice is served.
The notice may be withdrawn at any time by notice in writing served on the landlord.
A secure tenant may in his notice under section 122 require that not more than three members of his family who are not joint tenants but occupy the dwelling-house as their only or principal home should share the right to buy with him.
He may validly do so in the case of any such member only if—
that member is his spouse , is his civil partner or has been residing with him throughout the period of twelve months ending with the giving of the notice, or
the landlord consents.
Where by such a notice any members of the tenant’s family are validly required to share the right to buy with the tenant, the right to buy belongs to the tenant and those members jointly and he and they shall be treated for the purposes of this Part as joint tenants.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a notice under section 122 (notice claiming to exercise right to buy) has been served by the tenant, the landlord shall, unless the notice is withdrawn, serve on the tenant within the period specified in subsection (2)... a written notice either—
admitting his right, or
denying it and stating the reasons why, in the opinion of the landlord, the tenant does not have the right to buy.
The period for serving a notice under this section is four weeks where the requirement of section 119 (qualifying period for the right to buy) is satisfied by a period or periods during which the landlord was the landlord on which the tenant’s notice under section 122 was served, and eight weeks in any other case.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a secure tenant has claimed to exercise the right to buy and that right has been established (whether by the landlord’s admission or otherwise), the landlord shall— serve on the tenant a notice complying with this section.
within eight weeks where the right is that mentioned in section 118(1)(a) (right to acquire freehold), and
within twelve weeks where the right is that mentioned in section 118(1)(b) (right to acquire leasehold interest).
The notice shall describe the dwelling-house, shall state the price at which, in the opinion of the landlord, the tenant is entitled to have the freehold conveyed or, as the case may be, the lease granted to him and shall, for the purpose of showing how the price has been arrived at, state—
the value at the relevant time,
the improvements disregarded in pursuance of section 127 (improvements to be disregarded in determining value), and
the discount to which the tenant is entitled, stating the period to be taken into account under section 129 (discount) and, where applicable, the amount mentioned in section 130(1) (reduction for previous discount) or section 131(1) or (2) (limits on amount of discount).
The notice shall state the provisions which, in the opinion of the landlord, should be contained in the conveyance or grant.
Where the notice states provisions which would enable the landlord to recover from the tenant— the notice shall also contain the estimates and other information required by section 125A (service charges) or 125B (improvement contributions).
service charges, or
improvement contributions,
The notice shall also inform the tenant of—
the effect of sections 125D and 125E(1) and (4) (tenant’s notice of intention, landlord’s notice in default and effect of failure to comply),
his right under section 128 to have the value of the dwelling-house at the relevant time determined or re-determined by the district valuer,
the effect of section 136(2) (change of tenant after service of notice under section 125),
the effect of sections 140 and 141(1), (2) and (4) (landlord’s notices to complete and effect of failure to comply),
the effect of the provisions of this Part relating to the right to acquire on rent to mortgage terms, and
the relevant amount and multipliers for the time being declared by the Secretary of State for the purposes of section 143B.
The notice shall contain a description of any structural defect known to the landlord affecting the dwelling-house or the building in which it is situated or any other building over which the tenant will have rights under the conveyance or lease.
A landlord’s notice under section 125 shall state as regards service charges (excluding, in the case of a flat, charges to which subsection (2) applies)— and shall contain a statement of the reference period adopted for the purpose of the estimates.
the landlord’s estimate of the average annual amount (at current prices) which would be payable in respect of each head of charge in the reference period, and
the aggregate of those estimated amounts,
A landlord’s notice under section 125 given in respect of a flat shall, as regards service charges in respect of repairs (including works for the making good of structural defects), contain—
the estimates required by subsection (3), together with a statement of the reference period adopted for the purpose of the estimates, and
a statement of the effect of— paragraph 16B of Schedule 6 (which restricts by reference to the estimates the amounts payable by the tenant), and section 450A and the regulations made under that section (right to a loan in respect of certain service charges).
The following estimates are required for works in respect of which the landlord considers that costs may be incurred in the reference period—
for works itemised in the notice, estimates of the amount (at current prices) of the likely cost of, and of the tenant’s likely contribution in respect of, each item, and the aggregate amounts of those estimated costs and contributions, and
for works not so itemised, an estimate of the average annual amount (at current prices) which the landlord considers is likely to be payable by the tenant.
A landlord’s notice under section 125 given in respect of a flat shall, as regards improvement contributions, contain—
the estimates required by this section, together with a statement of the reference period adopted for the purpose of the estimates, and
a statement of the effect of paragraph 16C of Schedule 6 (which restricts by reference to the estimates the amounts payable by the tenant).
Estimates are required for works in respect of which the landlord considers that costs may be incurred in the reference period.
The works to which the estimates relate shall be itemised and the estimates shall show—
the amount (at current prices) of the likely cost of, and of the tenant’s likely contribution in respect of, each item, and
the aggregate amounts of those estimated costs and contributions.
The reference period for the purposes of the estimates required by section 125A or 125B is the period—
beginning on such date not more than six months after the notice is given as the landlord may reasonably specify as being a date by which the conveyance will have been made or the lease granted, and
ending five years after that date or, where the notice states that the conveyance or lease will provide for a service charge or improvement contribution to be calculated by reference to a specified annual period, with the end of the fifth such period beginning after that date.
For the purpose of the estimates it shall be assumed that the conveyance will be made or the lease granted at the beginning of the reference period on the terms stated in the notice.
Where a notice under section 125 has been served on a secure tenant, he shall within the period specified in subsection (2) either—
serve a written notice on the landlord stating either that he intends to pursue his claim to exercise the right to buy or that he withdraws that claim, or
serve a notice under section 144 claiming to exercise the right to acquire on rent to mortgage terms.
The period for serving a notice under subsection (1) is the period of twelve weeks beginning with whichever of the following is the later—
the service of the notice under section 125, . . .
where the tenant exercises his right to have the value of the dwelling-house determined or re-determined by the district valuer (or where the landlord exercises his right to have the value of the dwelling-house re-determined by the district valuer), the relevant event .
In subsection (2)(b) “ the relevant event ” means—
where a review notice was capable of being served under section 128A in relation to the determination or re-determination but no such notice was served during the period permitted by that section, the service of the notice under section 128(5) stating the effect of the determination or re-determination,
where a review notice was served under section 128A in relation to the determination or re-determination and section 128B(3) applied, the service on the tenant of the notice under section 128B(3), and
where a review notice was served under section 128A in relation to the determination or re-determination and section 128B(5) applied, the service of the notice under section 128B(7).
The landlord may, at any time after the end of the period specified in section 125D(2) or, as the case may require, section 136(2), serve on the tenant a written notice—
requiring him, if he has failed to serve the notice required by section 125D(1), to serve that notice within 28 days, and
informing him of the effect of this subsection and subsection (4).
At any time before the end of the period mentioned in subsection (1)(a) (or that period as previously extended) the landlord may by written notice served on the tenant extend it (or further extend it).
If at any time before the end of that period (or that period as extended under subsection (2)) the circumstances are such that it would not be reasonable to expect the tenant to comply with a notice under this section, that period (or that period as so extended) shall by virtue of this subsection be extended (or further extended) until 28 days after the time when those circumstances no longer obtain.
If the tenant does not comply with a notice under this section, the notice claiming to exercise the right to buy shall be deemed to be withdrawn at the end of that period (or, as the case may require, that period as extended under subsection (2) or (3)).
The price payable for a dwelling-house on a conveyance or grant in pursuance of this Part is—
the amount which under section 127 is to be taken as its value at the relevant time, less
the discount to which the purchaser is entitled under this Part.
References in this Part to the purchase price include references to the consideration for the grant of a lease.
The value of a dwelling-house at the relevant time shall be taken to be the price which at that time it would realise if sold on the open market by a willing vendor—
on the assumptions stated for a conveyance in subsection (2) and for a grant in subsection (3), . . .
disregarding any improvements made by any of the persons specified in subsection (4) and any failure by any of those persons to keep the dwelling-house in good internal repair , and
on the assumption that any service charges or improvement contributions payable will not be less than the amounts to be expected in accordance with the estimates contained in the landlord’s notice under section 125.
For a conveyance the assumptions are—
that the vendor was selling for an estate in fee simple with vacant possession,
that neither the tenant nor a member of his family residing with him wanted to buy, and
that the dwelling-house was to be conveyed with the same rights and subject to the same burdens as it would be in pursuance of this Part.
For the grant of a lease the assumptions are—
that the vendor was granting a lease with vacant posession for the appropriate term defined in paragraph 12 of Schedule 6 (but subject to sub-paragraph (3) of that paragraph).
that neither the tenant nor a member of his family residing with him wanted to take the lease,
that the ground rent would not exceed £10 per annum or, if the lease would be a regulated lease within the meaning of the Leasehold Reform (Ground Rent) Act 2022, the rent permitted by that Act, and
that the grant was to be made with the same rights and subject to the same burdens as it would be in pursuance of this Part.
The persons referred to in subsection (1)(b) are— but do not include, in a case where the secure tenant’s tenancy has at any time been assigned by virtue of section 92 (assignments by way of exchange), a person who under that tenancy was a secure tenant or an introductory tenant before the assignment.
the secure tenant,
any person who under the same tenancy was a secure tenant or an introductory tenantbefore him, and
any member of his family who, immediately before the secure tenancy was granted (or, where an introductory tenancy has become the secure tenancy, immediately before the introductory tenancy was granted), was a secure tenant or, an introductory tenant of the same dwelling-house under another tenancy,
In this section “introductory tenant” and “introductory tenancy” have the same meaning as in Chapter I of Part V of the Housing Act 1996.
Any question arising under this Part as to the value of a dwelling-house at the relevant time shall be determined by the district valuer in accordance with this section.
A tenant may require that value to be determined . . . by a notice in writing served on the landlord not later than three months after the service on him of the notice under section 125 (landlord’s notice of purchase price and other matters) or, if proceedings are then pending between the landlord and the tenant for the determination of any other question arising under this Part, within three months of the final determination of the proceedings.
If such proceedings are begun after a previous determination under this section— and where the landlord requires a re-determination to be made in pursuance of this subsection, it shall serve on the tenant a notice stating that the requirement is being or has been made.
the tenant may, by notice in writing served on the landlord within four weeks of the final determination of the proceedings, require the value of the dwelling-house at the relevant time to be re-determined, and
the landlord may at any time within those four weeks, whether or not a notice under paragraph (a) is served, require the district valuer to re-determine that value;
Before making a determination or re-determination in pursuance of this section, the district valuer shall consider any representation made to him by the landlord or the tenant within four weeks from the service of the tenant’s notice under this section or, as the case may be, from the service of the landlord’s notice under subsection (3).
As soon as practicable after a determination or re-determination has been made in pursuance of this section, the landlord shall serve on the tenant a notice stating—
the effect of the determination or re-determination,
the matters mentioned in section 125(2) and (3) (terms for exercise of right to buy), and
the effect of section 128A(2) (right of district valuer to serve review notice and of landlord and tenant to request that such a notice is served).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The landlord shall, as soon as practicable, serve a copy of the notice on the district valuer if—
the district valuer requests it; or
the landlord requests a review of the determination or re-determination under section 128A(2)(b).
The tenant shall, as soon as practicable, serve a copy of the notice on the district valuer if the tenant requests a review of the determination or re-determination under section 128A(2)(b).
For the purposes of subsections (5A) and (5B) it does not matter whether the request in question was made before, on or after the service of the notice in accordance with subsection (5).
Subject to the following provisions of this Part, a person exercising the right to buy is entitled to a discount of a percentage calculated by reference to the period which is to be taken into account in accordance with Schedule 4 (qualifying period for right to buy and discount).
if the period which, in accordance with Schedule 4, is to be taken into account for the purposes of discount is less than three years, 32 per cent.;
if that period is three years or more, 32 per cent. plus one per cent. for each complete year by which that period exceeds two years.
The discount shall not exceed 60 per cent.
The discount is, subject to any order under subsection (2A)—
in the case of a house, 35 per cent. plus one per cent. for each complete year by which the qualifying period exceeds five years, up to a maximum of 60 per cent.;
in the case of a flat, 50 per cent. plus two per cent. for each complete year by which the qualifying period exceeds five years, up to a maximum of 70 per cent.
Where joint tenants exercise the right to buy, Schedule 4 shall be construed as if for the secure tenant there were substituted that one of the joint tenants whose substitution will produce the largest discount.
The Secretary of State may by order made with the consent of the Treasury provide that, in such cases as may be specified in the order— shall be such percentage, higher than that specified in subsection (2), as may be specified in the order.
the minimum percentage discount,
the percentage increase for each complete year of the qualifying period after the first five, or
the maximum percentage discount,
An order—
may make different provision with respect to different cases or descriptions of case,
may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and
shall be made by statutory instrument and shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
Subsection (2) applies if the value of a dwelling-house has been determined or re-determined under section 128 (“the section 128 determination”).
The district valuer may— serve on the landlord and the tenant a notice of intention to review the section 128 determination giving reasons for the intention (“a review notice”).
on the valuer's own initiative; or
at the request of the landlord or the tenant of the dwelling-house;
A request under subsection (2)(b) must—
be in writing;
state the reason it is being made; and
confirm that the landlord has not made to the tenant a grant of the kind mentioned in section 138(1) in respect of the claim by the tenant to exercise the right to buy in respect of the dwelling-house.
The landlord or the tenant may not make a request under subsection (2)(b) after the end of the period of 28 days beginning with the section 128(5) service date.
The district valuer must, before the end of the period of 14 days beginning with the day on which such a request is made, serve on the landlord and the tenant—
a review notice; or
a notice stating—
that the request was made;
that the district valuer has decided not to comply with it; and
the reasons for the decision.
A review notice may not be served after the end of the period of 42 days beginning with the section 128(5) service date.
A review notice may not be served in relation to a determination which is subject to a re-determination required in pursuance of section 128(3) (but this does not prevent the service of a review notice in relation to the re-determination).
A review notice may not be served if the landlord has made a grant of the kind mentioned in subsection (3)(c).
A person who makes a request under subsection (2)(b) must inform the district valuer if a grant of the kind mentioned in subsection (3)(c) is made during the period of 14 days mentioned in subsection (5).
Subsection (11) applies if the district valuer is considering whether to serve a review notice on the valuer's own initiative.
The landlord or the tenant must, if requested by the district valuer, inform the valuer whether a grant of the kind mentioned in subsection (3)(c) has been made.
In this section and section 128B—
There shall be deducted from the discount an amount equal to any previous discount qualifying, or the aggregate of previous discounts qualifying, under the provisions of this section.
A “previous discount” means a discount given before the relevant time—
on conveyance of the freehold, or a grant or assignment of a long lease, of a dwelling-house by a person within paragraph 7 or 7A of Schedule 4 (public sector landlords) or, in such circumstances as may be prescribed by order of the Secretary of State, by a person so prescribed, or
in pursuance of the provision required by paragraph 1 of Schedule 8 (terms of shared ownership lease: right to acquire additional shares), or any other provision to the like effect or.
on conveyance of the freehold, or a grant or assignment of a long lease of a dwelling-house by a person against whom the right to buy was exercisable by virtue of section 171A (preservation of right to buy on disposal to private sector landlord) to a person who was a qualifying person for the purposes of the preserved right to buy and in relation to whom that dwelling-house was the qualifying dwelling-house, or
in pursuance of the provision required by paragraphs 3 to 5 or paragraph 7 of Schedule 6A (redemption of landlord’s share), or
in pursuance of any provision of, or required by, this Part ... by virtue of section 17 of the Housing Act 1996 (the right to acquire).
A previous discount qualifies for the purposes of this section if it was given— and where a previous discount was given to two or more persons jointly, this section has effect as if each of them had been given an equal proportion of the discount.
to the person or one of the persons exercising the right to buy, or
to the spouse , or civil partner, of that person or one of those persons (if they are living together at the relevant time), or
to a deceased spouse , or deceased civil partner, of that person or one of those persons (if they were living together at the time of the death);
Where the whole or part of a previous discount has been recovered by the person by whom it was given (or a successor in title of his)— then, so much of the discount as has been so recovered shall be disregarded for the purposes of this section.
by the receipt of a payment determined by reference to the discount, or
by a reduction so determined of any consideration given by that person (or a successor in title of his), or
in any other way,
An order under this section—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “dwelling-house” includes any yard, garden, outhouses and appurtenances belonging to the dwelling-house or usually enjoyed with it.
The district valuer must review the section 128 determination as soon as reasonably practicable after serving a review notice.
Subsection (3) applies if, following the review, the district valuer decides that neither of the withdrawal conditions is met.
The district valuer must, as soon as reasonably practicable, serve on the landlord and the tenant a notice stating—
the decision;
the reasons for it; and
that no further determination or (as the case may be) re-determination is to be made under this section.
Subsection (5) applies if, following the review, the district valuer decides that either withdrawal condition is met or both are met.
The district valuer must—
as soon as reasonably practicable, withdraw the section 128 determination by serving a further determination notice on the landlord and the tenant; and
make a further determination or (as the case may be) re-determination of the value of the dwelling-house at the relevant time.
Before making such a determination or re-determination, the district valuer must consider any representation made to the valuer by the landlord or the tenant before the end of the period of 14 days beginning with the day on which the further determination notice was served.
As soon as practicable after such a determination or re-determination has been made, the landlord must serve on the tenant a determination effect notice.
A determination effect notice is a notice stating—
the effect of the further determination or (as the case may be) re-determination; and
the matters mentioned in section 125(2) and (3).
For the purposes of this section, the withdrawal conditions are—
that a significant error was made in the section 128 determination; or
that the district valuer did not comply with section 128(4) in relation to the section 128 determination.
This section does not apply to a determination which is subject to a re-determination required in pursuance of section 128(3) (but this does not prevent this section applying to the re-determination).
In this section— “a further determination notice” is a notice stating— that the section 128 determination is withdrawn; the reasons for the withdrawal; and that a further determination or (as the case may be) re-determination of the value of the dwelling-house at the relevant time will be made; “ significant error ”, in relation to the section 128 determination, means an error of fact, or a number of such errors, made in the section 128 determination as a result of which the value of the dwelling-house determined or (as the case may be) re-determined was at least 5% more or less than it would otherwise have been.
Except where the Secretary of State so determines, the discount shall not reduce the price below the amount which, in accordance with a determination made by him, is to be taken as representing so much of the costs incurred in respect of the dwelling-house as, in accordance with the determination— and if the price before discount is below that amount, there shall be no discount.
is to be treated as incurred at or after the beginning of that period of account of the landlord in which falls the date which is eight years, or such other period of time as may be specified in an order made by the Secretary of State, earlier than the relevant time, and
is to be treated as relevant for the purposes of this sub-section;
The discount shall not in any case reduce the price by more than such sum as the Secretary of State may by order prescribe.
In subsection (1)(a) above “ period of account ”, in relation to any costs, means the period for which the landlord made up those of its accounts in which account is taken of those costs.
An order or determination under this section may make different provision for different cases or descriptions of case, including different provision for different areas.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A secure tenant who has the right to buy has the right, subject to the following provisions of this Part— and in this Act that right is referred to as “the right to a mortgage.”
to leave the whole or part of the aggregate amount mentioned in section 133(1) outstanding on the security of a first mortgage of the dwelling-house, or
if the landlord is a housing association, to have the whole or part of that amount advanced to him on that security by the Housing Corporation;
Where the right to buy belongs jointly to two or more persons, the right to a mortgage also belongs to them jointly.
The amount which a secure tenant exercising the right to a mortgage is entitled to leave outstanding, or have advanced to him, on the security of the dwelling-house is, subject to the limit imposed by this section, the aggregate of—
the purchase price,
so much of the costs incurred by the landlord or the Housing Corporation as is chargeable to the tenant under section 178(2) (costs), and
any costs incurred by the tenant and defrayed on his behalf by the landlord or the Housing Corporation.
The limit is that the amount which the tenant is entitiled to leave outstanding or have advanced to him on the security of the dwelling-house may not exceed—
where the right to a mortgage belongs to one person, the amount to be taken into account, in accordance with regulations under this section, as his available annual income multiplied by such factor as, under the regulations, is appropriate to it;
where the right to a mortgage belongs to more than one person, the aggregate of the amounts to be taken into account in accordance with the regulations as the available annual income of each of them, after multiplying each of those amounts by the factor appropriate to it under the regulations.
The Secretary of State may by regulations make provision for calculating the amount which is to be taken into account under this section as a person’s available annual income and for specifying a factor appropriate to it; and the regulations—
may provide for arriving at a person’s available annual income by deducting from the sums taken into account as his annual income sums related to his needs and commitments, and may exclude sums from those to be taken into account as a person’s annual income, and
may specify different amounts and different factors for different circumstances.
Where the amount which a secure tenant is entitled to leave outstanding on the security of the dwelling-house is reduced by the limit imposed by this section, the landlord may, if it thinks fit and the tenant agrees, treat him as entitled to leave outstanding on that security such amount exceeding the limit, but not exceeding the aggregate mentioned in subsection (1), as the landlord may determine.
References in this Part to a secure tenant being entitled, or treated as entitled, to a “full mortgage” are to his being entitled, or treated as entitled, to leave outstanding or have advanced to him on the security of the dwelling-house an amount equal to the aggregate mentioned in subsection (1).
Regulations under this section—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A secure tenant cannot exercise his right to a mortgage unless he claims to exercise it by notice in writing served on the landlord, or if the landlord is a housing association, on the Housing Corporation.
The notice must be served within the period of three months beginning with the service on the tenant of— or within that period as extended under the following provisions.
where he exercises his right under section 128 (determination of value by district valuer), the notice under subsection (5) of that section (further notice by landlord after determination), or
where he does not exercise that right, the notice under section 125 (landlord’s notice of purchase price and other matters),
Where there are reasonable grounds for doing so, the landlord or, as the case may be, the Housing Corporation shall by notice in writing served on the tenant extend (or further extend) the period within which the tenant’s notice claiming to exercise his right to a mortgage must be served.
If in such a case the landlord or Housing Corporation fails to do so, the county court may by order extend or further extend that period until such date as may be specified in the order.
As soon as practicable after the service on it of a notice under section 134, the landlord or Housing Corporation shall serve on the tenant a notice in writing stating—
the amount which, in the opinion of the landlord or Housing Corporation, the tenant is entitled to leave outstanding or have advanced on the security of the dwelling-house,
how that amount has been arrived at, and
the provisions which, in the opinion of the landlord or Housing Corporation, should be contained in the deed by which the mortgage is to be effected.
The notice shall be accompanied by a form for use by the tenant in claiming, in accordance with section 142(1), to be entitled to defer completion and shall also inform the tenant of the effect of subsection (4) of that section (right to serve further notice claiming mortgage).
Where, in the opinion of the landlord or Housing Corporation, the tenant is not entitled to a full mortgage, the notice shall also inform the tenant of the effect of the provisions of this Part relating to the right to be granted a shared ownership lease and shall be accompanied by a form for use by the tenant in claiming to exercise that right in accordance with section 144(1).
The Housing Corporation shall send to the landlord a copy of any notice served by it on the tenant under this section.
Where, after a secure tenant (“the former tenant”) has given a notice claiming the right to buy, another person (“the new tenant”)— the new tenant shall be in the same position as if the notice had been given by him and he had been the secure tenant at the time it was given.
becomes the secure tenant under the same secure tenancy, otherwise than on an assignment made by virtue of section 92 (assignments by way of exchange), or
becomes the secure tenant under a periodic tenancy arising by virtue of section 86 (periodic tenancy arising on termination of fixed term) on the coming to an end of the secure tenancy,
If a notice under section 125 (landlord’s notice of purchase price and other matters) has been served on the former tenant, then, whether or not the former tenant has served a notice under subsection (1) of section 125D (tenant’s notice of intention), the new tenant shall serve a notice under that subsection within the period of twelve weeks beginning with whichever of the following is the later—
his becoming the secure tenant, . . .
where the right to have the value of the dwelling-house determined or re-determined by the district valuer is or has been exercised by him or the former tenant (or where the right to have the value of the dwelling-house re-determined by the district valuer is or has been exercised by the landlord), the relevant event .
The new tenant may then serve a notice under section 134 (tenant’s notice claiming to exercise right to a mortgage) within the period of three months beginning with the service on him of that form or within that period as extended under the following provisions.
In subsection (2)(b) “ the relevant event ” means—
where a review notice was capable of being served under section 128A in relation to the determination or re-determination but no such notice was served during the period permitted by that section, the service of the notice under section 128(5) stating the effect of the determination or re-determination,
where a review notice was served under section 128A in relation to the determination or re-determination and section 128B(3) applied, the service on the new tenant or (as the case may be) the former tenant of the notice under section 128B(3), and
where a review notice was served under section 128A in relation to the determination or re-determination and section 128B(5) applied, the service of the notice under section 128B(7).
Where there are reasonable grounds for doing so, the landlord or, as the case may be, the Housing Corporation shall by notice in writing served on the new tenant extend (or further extend) the period within which his notice claiming to exercise the right to a mortgage may be served.
If in such a case the landlord or Housing Corporation fails to do so, the county court may by order extend or further extend that period until such date as may be specified in the order.
The preceding provisions of this section do not confer any right on a person required in pursuance of section 123 (claim to share right to buy with members of family) to share the right to buy, unless he could have been validly so required had the notice claiming to exercise the right to buy been given by the new tenant.
The preceding provisions of this section apply with the necessary modifications if there is a further change in the person who is the secure tenant.
Where the interest of the landlord in the dwelling-house passes from the landlord to another body after a secure tenant has given a notice claiming to exercise the right to buy . . ., all parties shall , subject to subsection (2), be in the same position as if the other body had become the landlord before the notice was given and had been given that notice and any further notice given by the tenant to the landlord and had taken all steps which the landlord had taken.
If the circumstances after the disposal differ in any material respect, as for example where— all those concerned shall, as soon as practicable after the disposal, take all such steps (whether by way of amending or withdrawing and re-serving any notice or extending any period or otherwise) as may be requisite for the purpose of securing that all parties are, as nearly as may be, in the same position as they would have been if those circumstances had obtained before the disposal.
the interest of the disponee in the dwelling-house after the disposal differs from that of the disponor before the disposal, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any of the provisions of Schedule 5 (exceptions to the right to buy) becomes or ceases to be applicable,
Where a secure tenant has claimed to exercise the right to buy and that right has been established, then, as soon as all matters relating to the grant . . . have been agreed or determined, the landlord shall make to the tenant— in accordance with the following provisions of this Part.
if the dwelling-house is a house and the landlord owns the freehold, a grant of the dwelling-house for an estate in fee simple absolute, or
if the landlord does not own the freehold or if the dwelling-house is a flat (whether or not the landlord owns the freehold), a grant of a lease of the dwelling-house,
If the tenant has failed to pay the rent or any other payment due from him as a tenant for a period of four weeks after it has been lawfully demanded from him, the landlord is not bound to comply with subsection (1) while the whole or part of that payment remains outstanding.
The duty imposed on the landlord by subsection (1) is enforceable by injunction.
Subsection (2B) applies if an application is pending before any court—
for a demotion order , Ground 2 or 2ZA possession order or section 84A possession order to be made in respect of the tenant, or
for a suspension order to be made in respect of the tenancy.
The landlord is not bound to comply with subsection (1) until such time (if any) as the application is determined without— or the application is withdrawn.
a demotion order , an operative Ground 2 or 2ZA possession order or an operative section 84A possession order being made in respect of the tenant, or
a suspension order being made in respect of the tenancy,
For the purposes of subsection (2A) and (2B)—
Subsection (1) has effect subject to section 121A(5) (disapplication of subsection (1) where suspension order is made).
Subsection (1) also has effect subject to—
section 138A(2) (operation of subsection (1) suspended while initial demolition notice is in force), and
section 138B(2) (subsection (1) disapplied where final demolition notice is served).
A conveyance of the freehold executed in pursuance of the right to buy shall conform with Parts I and II of Schedule 6; a grant of a lease so executed shall conform with Parts I and III of that Schedule; and Part IV of that Schedule has effect in relation to certain charges.
The secure tenancy comes to an end on the grant to the tenant of an estate in fee simple, or of a lease, in pursuance of the provisions of this Part relating to the right to buy; and if there is then a subtenancy section 139 of the Law of Property Act 1925 (effect of extinguishment of reversion) applies as on a merger or surrender.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies where—
an initial demolition notice is served on a secure tenant under Schedule 5A, and
the notice is served on the tenant before the landlord has made to him such a grant as is required by section 138(1) in respect of a claim by the tenant to exercise the right to buy.
In such a case the landlord is not bound to comply with section 138(1), in connection with any such claim by the tenant, so long as the initial demolition notice remains in force under Schedule 5A.
Section 138C provides a right to compensation in certain cases where this section applies.
The landlord may, subject to the provisions of this section, serve on the tenant at any time a written notice requiring him— and informing the tenant of the effect of this section and of section 141(1), (2) and (4) landlord’s second notice to complete).
if all relevant matters have been agreed or determined, to complete the transaction within a period stated in the notice, or
if any relevant matters are outstanding, to serve on the landlord within that period a written notice to that effect specifying the matters,
The period stated in a notice under this section shall be such period (of at least 56 days) as may be reasonable in the circumstances.
A notice under this section shall not be served earlier than three months after—
the service of the landlord’s notice under section 125 (notice of purchase price and other matters), or
where a notice has been served under section 146 (landlord’s notice admitting or denying right to acquire on rent to mortgage terms), the service of that notice.
if he is entitled to defer completion, two years after the service of his notice under section 122 claiming to exercise the right to buy or, if later, nine months after the service of the notice under section 135 (landlord’s notice of terms and amount of mortgage).
A notice under this section shall not be served if—
a requirement for the determination or re-determination of the value of the dwelling-house by the district valuer has not been complied with,
proceedings for the determination of any other relevant matter have not been disposed of, or
a review notice (within the meaning of section 128A) has been served in relation to such a determination or re-determination, section 128B applies and the district valuer has neither—
served a notice under section 128B(3) (refusal to make further determination), nor
served a notice under section 128B(7) (a determination effect notice),
any relevant matter stated to be outstanding in a written notice served on the landlord by the tenant has not been agreed in writing or determined.
no such review notice has been served but such a notice may still be served under section 128A,
In this section “relevant matters” means matters relating to the grant . . ..
This section applies where—
a secure tenant has claimed to exercise the right to buy, but
before the landlord has made to the tenant such a grant as is required by section 138(1) in respect of the claim, a final demolition notice is served on the tenant under paragraph 13 of Schedule 5.
In such a case—
the tenant’s claim ceases to be effective as from the time when the final demolition notice comes into force under that paragraph, and
section 138(1) accordingly does not apply to the landlord, in connection with the tenant’s claim, at any time after the notice comes into force.
Section 138C provides a right to compensation in certain cases where this section applies.
If the tenant does not comply with a notice under section 140 (landlord’s first notice to complete), the landlord may serve on him a further written notice—
requiring him to complete the transaction within a period stated in the notice, and
informing him of the effect of this section in the event of his failing to comply.
The period stated in a notice under this section shall be such period (of at least 56 days) as may be reasonable in the circumstances.
At any time before the end of that period (or that period as previously extended) the landlord may by a written notice served on the tenant extend it (or further extend it).
If the tenant does not comply with a notice under this section the notice claiming to exercise the right to buy shall be deemed to be withdrawn at the end of that period (or as the case may require, that period as extended under subsection (3)).
If a notice under this section has been served on the tenant and by virtue of section 138(2) (failure of tenant to pay rent, etc.) the landlord is not bound to complete, the tenant shall be deemed not to comply with the notice.
This section applies where—
a secure tenant has claimed to exercise the right to buy,
before the landlord has made to the tenant such a grant as is required by section 138(1) in respect of the claim, either an initial demolition notice is served on the tenant under Schedule 5A or a final demolition notice is served on him under paragraph 13 of Schedule 5, and
the tenant’s claim is established before that notice comes into force under Schedule 5A or paragraph 13 of Schedule 5 (as the case may be).
If, within the period of three months beginning with the date when the notice comes into force (“ the operative date ”), the tenant serves on the landlord a written notice claiming an amount of compensation under subsection (3), the landlord shall pay that amount to the tenant.
Compensation under this subsection is compensation in respect of expenditure reasonably incurred by the tenant before the operative date in respect of legal and other fees, and other professional costs and expenses, payable in connection with the exercise by him of the right to buy.
A notice under subsection (2) must be accompanied by receipts or other documents showing that the tenant incurred the expenditure in question.
A tenant is entitled to defer completion if—
he has claimed the right to a mortgage but is not entitled, or treated as entitled, to a full mortgage,
he has, within the period mentioned below, served on the landlord a notice claiming to be entitled to defer completion, and
he has, within the same period, deposited the sum of £100 with the landlord.
The period within which the notice must be served and the sum of £100 deposited is the period of three months beginning with the service on the tenant of the notice under section 135 (notice of terms and amount of mortgage), or that period as extended under subsection (3).
If there are reasonable grounds for doing so the landlord shall extend (or further extend) that periodX; and if it fails to do so the county court may by order extend or further extend that period until such date as may be specified in the order.
A tenant who is entitled to defer completion may at any time before the service on him of a notice under section 140 (landlords' first notice to complete), serve a further notice under section 134(1) (notice claiming to exercise right to a mortgage); and if he does, section 135(1) and (4) (notice of terms and amount of mortgage) apply accordingly.
If in pursuance of a notice under this section the tenant deposits the sum of £100 with the landlord, then—
if he completes the transaction, the sum shall be treated as having been paid towards the purchase price, and
if he does not complete the transaction but withdraws his notice claiming to exercise the right to buy, or is deemed to have withdrawn it by virtue of section 141(4) (effect of failure to comply with landlord’s second notice to complete), the sum shall be returned to him.
As from the termination date, the right to acquire on rent to mortgage terms is not exercisable except in pursuance of a notice served under section 144 before that date.
In this section “ the termination date ” means the date falling 8 months after the date of the passing of the Housing Act 2004.
Subject to subsection (2) and sections 142A, 143A and 143B, where— he also has the right to acquire on rent to mortgage terms in accordance with the following provisions of this Part.
a secure tenant has claimed to exercise the right to buy, and
his right to buy has been established and his notice claiming to exercise it remains in force,
he is entitled to defer completion,
The right to acquire on rent to mortgage terms cannot be exercised if the exercise of the right to buy is precluded by section 121 (circumstances in which right to buy cannot be exercised).
Where the right to buy belongs to two or more persons jointly, the right to acquire on rent to mortgage terms also belongs to them jointly.
Subject to section 142A, a secure tenantclaims to exercise the right to acquire on rent to mortgage terms by written notice to that effect served on the landlord.
The notice may be withdrawn at any time by notice in writing served on the landlord.
On the service of a notice under this section, any notice served by the landlord under section 140 or 141 (landlord’s notices to complete purchase in pursuance of right to buy) shall be deemed to have been withdrawn; and no such notice may be served by the landlord whilst a notice under this section remains in force.
Where a notice under this section is withdrawn, the tenant may complete the transaction in accordance with the provisions of this Part relating to the right to buy.
Where a notice under this section is withdrawn, or deemed to have been withdrawn, the tenant may complete the transaction in accordance with the provisions of this Part relating to the right to buy.
The right to acquire on rent to mortgage terms cannot be exercised if—
it has been determined that the tenant is or was entitled to housing benefit in respect of any part of the relevant period, or
a claim for housing benefit in respect of any part of that period has been made (or is treated as having been made) by or on behalf of the tenant and has not been determined or withdrawn.
In this section “ the relevant period ” means the period—
beginning twelve months before the day on which the tenant claims to exercise the right to acquire on rent to mortgage terms, and
ending with the day on which the conveyance or grant is executed in pursuance of that right.
The tenant’s initial share in the dwelling-house shall be a multiple of the prescribed percentage and shall not be less than the minimum initial share.
The prescribed percentage is 12.5 per cent. or such other percentage as the Secretary of State may by order prescribe.
The minimum initial share is 50 per cent. or such other percentage as the Secretary of State may by order prescribe.
An order under this section—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
may contain such transitional provisions as appear to the Secretary of State to be necessary or expedient.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The right to acquire on rent to mortgage terms cannot be exercised if the minimum initial payment in respect of the dwelling-house exceeds the maximum initial payment in respect of it.
The maximum initial payment in respect of a dwelling-house is 80 per cent. of the price which would be payable if the tenant were exercising the right to buy.
Where, in the case of a dwelling-house which is a house, the weekly rent at the relevant time did not exceed the relevant amount, the minimum initial payment shall be determined by the formula— where— P = the minimum initial payment; R = the amount of the weekly rent at the relevant time; M = the multiplier which at that time was for the time being declared by the Secretary of State for the purposes of this subsection.
Where, in the case of a dwelling-house which is a house, the weekly rent at the relevant time exceeded the relevant amount, the minimum initial payment shall be determined by the formula— where— P = the minimum initial payment; Q = the qualifying maximum for the year of assessment which included the relevant time; E = the amount by which the weekly rent at that time exceeded the relevant amount; M = the multiplier which at that time was for the time being declared by the Secretary of State for the purposes of this subsection.
The minimum initial payment in respect of a dwelling-house which is a flat is 80 per cent. of the amount which would be the minimum initial payment in respect of the dwelling-house if it were a house.
The relevant amount and multipliers for the time being declared for the purposes of this section shall be such that, in the case of a dwelling-house which is a house, they will produce a minimum initial payment equal to the capital sum which, in the opinion of the Secretary of State, could be raised on a 25 year repayment mortgage in the case of which the net amount of the monthly mortgage payments was equal to the rent at the relevant time calculated on a monthly basis.
For the purposes of subsection (6) the Secretary of State shall assume—
that the interest rate applicable throughout the 25 year term were the standard national rate for the time being declared by the Secretary of State under paragraph 2 of Schedule 16 (local authority mortgage interest rates); and
that the monthly mortgage payments represented payments of capital and interest only.
In this section—
admitting the tenant’s right, or
Where a notice under section 144 (notice claiming to exercise the right to acquire on rent to mortgage terms) has been served by the tenant, the landlord shall, unless the notice is withdrawn, serve on the tenant as soon as practicable a written notice either—
admitting the tenant’s right and informing him of the matters mentioned in subsection (2), or
denying it and stating the reasons why, in the opinion of the landlord, the tenant does not have the right to acquire on rent to mortgage terms.
denying it and stating the reasons why, in the opinion of the landlord, the tenant does not have the right to be granted a shared ownership lease.
The matters are—
the relevant amount and multipliers for the time being declared by the Secretary of State for the purposes of section 143B;
the amount of the minimum initial payment;
the proportion which that amount bears to the price which would be payable if the tenant exercised the right to buy;
the landlord’s share on the assumption that the tenant makes the minimum initial payment;
the amount of the initial discount on that assumption; and
the provisions which, in the landlord’s opinion, should be contained in the conveyance or grant and the mortgage required by section 151B (mortgage for securing redemption of landlord’s share).
Where a secure tenant has served— the landlord shall, as soon as practicable, serve on the tenant a written notice complying with this section.
a notice under section 146A(1)(a) stating that he intends to pursue his claim to exercise the right to acquire on rent to mortgage terms, and the amount of the initial payment which he proposes to make, or
a notice under section 146A(3)(b) varying the amount stated in a notice under section 146A(1)(a),
The notice shall state— determined in each case in accordance with section 148.
the landlord’s share on the assumption that the amount of the tenant’s initial payment is that stated in the notice under section 146A(1)(a) or, as the case may be, section 146A(3)(b), and
the amount of the initial discount on that assumption,
The notice shall state the provisions which, in the opinion of the landlord, should be included in the lease.
Where the landlord is not a housing association, the notice shall state any variation in the provisions which, in the opinion of the landlord, should be contained in the deed by which the mortgage is to be effected.
Where the landlord is a housing association, the landlord shall send a copy of the notice to the Housing Corporation, and the Housing Corporation shall, as soon as practicable after receiving the notice, serve on the tenant a written notice stating any variation in the provisions which, in the opinion of the Housing Corporation, should be contained in the deed by which the mortgage is to be effected.
The landlord’s share shall be determined by the formula— the amount of the initial discount shall be determined by the formula— and the amount of any previous discount which will be recovered by virtue of the transaction shall be determined by the formula— where— S = the landlord’s share expressed as a percentage; P = the price which would be payable if the tenant were exercising the right to buy; IP = the amount of the tenant’s initial payment (but disregarding any reduction in pursuance of section 153B(3)); ID = the amount of the initial discount; D = the amount of the discount which would be applicable if the tenant were exercising the right to buy; RD = the amount of any previous discount which will be recovered by virtue of the transaction; PD = the amount of any previous discount which would be recovered if the tenant were exercising the right to buy.
The consideration for the grant of a shared ownership lease (the tenant’s “initial contribution”) shall be determined by the formula— and the effective discount shall be determined by the formula— where— the tenant’s initial contribution, the effective discount, the tenant’s initial share expressed as a percentage, the value of the dwelling-house at the relevant time, determined in accordance with section 127, and the discount which if the tenant were exercising the right to buy would be applicable under sections 129 to 131.
In determining the value of the dwelling-house for the purposes of this section, the assumptions to be made under section 127 (which vary according to whether it is the freehold or a lease which is to be acquired) are those applicable in relation to the dwelling-house for the pruposes of the right to buy.
Where the interest of the landlord in the dwelling-house passes from the landlord to another body after a secure tenant has given a notice claiming to exercise the right to acquire on rent to mortgage terms, all parties shall subject to subsection (2) be in the same position as if the other body—
had become the landlord before the notice was given, and
had been given that notice and any further notice given by the tenant to the landlord, and
had taken all steps which the landlord had taken.
If the circumstances after the disposal differ in any material respect, as for example where— all those concerned shall, as soon as practicable after the disposal, take all such steps (whether by way of amending or withdrawing and re-serving any notice or extending any period or otherwise) as may be requisite for the purpose of securing that all parties are, as nearly as may be, in the same position as they would have been if those circumstances had obtained before the disposal.
the interest of the disponee in the dwelling-house after the disposal differs from that of the disponor before the disposal, or
any of the provisions of Schedule 5 (exceptions to the right to buy) becomes or ceases to be applicable,
Where a notice under section 146 has been served on a secure tenant, he shall within the period specified in subsection (2) serve a written notice on the landlord stating either—
that he intends to pursue his claim to exercise the right to acquire on rent to mortgage terms and the amount of the initial payment which he proposes to make, or
that he withdraws that claim and intends to pursue his claim to exercise the right to buy, or
that he withdraws both of those claims.
The period for serving a notice under subsection (1) is the period of twelve weeks beginning with the service of the notice under section 146.
The amount stated in a notice under subsection (1)(a)—
shall not be less than the minimum initial payment and not more than the maximum initial payment, and
may be varied at any time by notice in writing served on the landlord.
Where a secure tenant has claimed to exercise the right to acquire on rent to mortgage terms and that right has been established, then, as soon as all matters relating to the grant and to securing the redemption of the landlord’s share have been agreed or determined, the landlord shall make to the tenant— in accordance with the following provisions of this Part.
if the dwelling-house is a house and the landlord owns the freehold, a grant of the dwelling-house for an estate in fee simple absolute, or
if the landlord does not own the freehold or if the dwelling-house is a flat (whether or not the landlord owns the freehold), a grant of a lease of the dwelling-house,
If the tenant has failed to pay the rent or any other payment due from him as a tenant for a period of four weeks after it has been lawfully demanded from him, the landlord is not bound to comply with subsection (1) while the whole or part of that payment remains outstanding.
The duty imposed on the landlord by subsection (1) is enforceable by injunction.
The landlord may, at any time after the end of the period specified in section 146A(2), serve on the tenant a written notice—
requiring him, if he has failed to serve the notice required by section 146A(1), to serve that notice within 28 days, and
informing him of the effect of this subsection and subsection (4).
At any time before the end of the period mentioned in subsection (1)(a) (or that period as previously extended) the landlord may by written notice served on the tenant extend it (or further extend it).
If at any time before the end of that period (or that period as extended under subsection (2)) the circumstances are such that it would not be reasonable to expect the tenant to comply with a notice under this section, that period (or that period as so extended) shall by virtue of this subsection be extended (or further extended) until 28 days after the time when those circumstances no longer obtain.
If the tenant does not comply with a notice under this section the notice claiming to exercise the right to acquire on rent to mortgage terms shall be deemed to be withdrawn at the end of that period (or, as the case may require, that period as extended under subsection (2) or (3)).
A conveyance of the freehold executed in pursuance of the right to acquire on rent to mortgage terms shall conform with Parts I and II of Schedule 6; a grant of a lease so executed shall conform with Parts I and III of that Schedule; and Part IV of that Schedule applies to such a conveyance or lease as it applies to a conveyance or lease executed in pursuance of the right to buy.
with Schedule 8 (terms of shared ownership lease), and
subject to that, with Parts I and III of Schedule 6 (terms of lease granted in pursuance of right to buy);
The secure tenancy comes to an end on the grant to the tenant of an estate in fee simple, or of a lease, in pursuance of the right to acquire on rent to mortgage terms; and if there is then a sub-tenancy section 139 of the Law of Property Act 1925 (effect of extinguishment of reversion) applies as on a merger or surrender.
Where the transaction is duly completed the sum of £100 deposited by the tenant with the landlord in pursuance of section 142 (deferment of completion) shall be treated as having been paid towards the tenant’s initial contribution.
A deed by which a mortgage is effected where the tenant exercises both the right to a mortgage and the right to be granted a shared ownership lease shall, unless otherwise agreed between the parties, conform with—
Schedule 7 (terms of mortgage granted in pursuance of right to a mortgage), and
without prejudice to that, with Schedule 9 (right to further advances).
The landlord may, subject to the provisions of this section, serve on the tenant at any time a written notice requiring him— and informing the tenant of the effect of this section and of section 153(1), (2) and (4) (landlord’s second notice to complete and its effect).
if all relevant matters have been agreed or determined, to complete the transaction within a period stated in the notice, or
if any relevant matters are outstanding, to serve on the landlord within that period a written notice to that effect specifying the matters,
The period stated in a notice under this section shall be such period (of at least 56 days) as may be reasonable in the circumstances.
A notice under this section shall not be served earlier than twelve months after the service of the notice under section 146 (landlord’s notice admitting or denying right).
A notice under this section shall not be served if—
a requirement for the determination or re-determination of the value of the dwelling-house by the district valuer has not been complied with,
proceedings for the determination of any other relevant matter have not been disposed of, or
any relevant matter stated to be outstanding in a written notice served on the landlord by the tenant has not been agreed in writing or determined.
In this section “relevant matters” means matters relating to the grant and to securing the redemption of the landlord’s share.
If the tenant does not comply with a notice under section 152 (landlord’s first notice to complete), the landlord may serve on him a further written notice—
requiring him to complete the transaction within a period stated in the notice, and
informing him of the effect of this section in the event of his failing to comply.
The period stated in a notice under this section shall be such period (of at least 56 days) as may be reasonable in the circumstances.
At any time before the end of that period (or that period as previously extended) the landlord may by a written notice served on the tenant extend it (or further extend it).
If the tenant does not comply with a notice under this section, the notice claiming to exercise the right to acquire on rent to mortgage terms and the notice claiming to exercise the right to buy shall be deemed to have been withdrawn at the end of that period (or, as the case may require, that period as extended under subsection (3)).
If a notice under this section has been served on the tenant and by virtue of section 150(2) (failure of tenant to pay rent, etc.) the landlord is not bound to complete, the tenant shall be deemed not to comply with the notice.
Schedule 6A (which makes provision for the redemption of the landlord’s share) shall have effect; and a conveyance of the freehold or a grant of a lease executed in pursuance of the right to acquire on rent to mortgage terms shall conform with that Schedule.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the conveyance of the freehold or the grant of a lease in pursuance of this Part, or
the conveyance of the freehold in pursuance of such a right as is mentioned in paragraph 2(1) or 8(1) of Schedule 8 (terms of shared ownership lease; right to freehold on acquiring 100 per cent. interest),
Where the landlord’s title to the dwelling-house is not registered, the landlord shall give the tenant a certificate stating that the landlord is entitled to convey the freehold or make the grant subject only to such incumbrances, rights and interests as are stated in the conveyance or grant or summarised in the certificate.
Where the landlord’s interest in the dwelling-house is a lease, the certificate under subsection (2) shall also state particulars of that lease and, with respect to each superior title—
where it is registered, the title number;
where it is not registered, whether it was investigated in the usual way on the grant of the landlord’s lease.
A certificate under subsection (2) shall be—
in a form approved by the Chief Land Registrar, and
signed by such officer of the landlord or such other person as may be approved by the Chief Land Registrar.
The Chief Land Registrar shall, for the purpose of the registration of title, accept such a certificate as sufficient evidence of the facts stated in it; but if as a result he has to meet a claim against him under the Land Registration Act 2002 the landlord is liable to indemnify him.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a secure tenant has claimed to exercise the right to buy, he may serve on his landlord a notice (in this section referred to as an “initial notice of delay”) in any of the following cases, namely,— and where an initial notice of delay specifies either of the cases in paragraphs (a) and (b), any reference in this section or section 153B to the default date is a reference to the end of the period referred to in the paragraph in question or, if it is later, the day appointed for the coming into force of section 124 of the Housing Act 1988.
where the landlord has failed to serve a notice under section 124 within the period appropriate under subsection (2) ...of that section;
where the tenant’s right to buy has been established and the landlord has failed to serve a notice under section 125 within the period appropriate under subsection (1) of that section;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
where the tenant considers that delays on the part of the landlord are preventing him from exercising expeditiously his right to buy or his right to acquire on rent to mortgage terms;
An initial notice of delay—
shall specify the most recent action of which the tenant is aware which has been taken by the landlord pursuant to this Part of this Act; and
shall specify a period (in this section referred to as “the response period”), not being less than one month, beginning on the date of service of the notice, within which the service by the landlord of a counter notice under subsection (3) will have the effect of cancelling the initial notice of delay.
Within the response period specified in an initial notice of delay or at any time thereafter, the landlord may serve on the tenant a counter notice in either of the following circumstances—
if the initial notice specifies either of the cases in paragraphs (a) and (b)of subsection (1) and the landlord has served, or is serving together with the counter notice, the required notice under section 124, or section 125, as the case may be; or
if the initial notice specifies the case in subsection (1)(e) and there is no action under this Part which, at the beginning of the response period, it was for the landlord to take in order to allow the tenant expeditiously to exercise his right to buy or his right to acquire on rent to mortgage terms and which remains to be taken at the time of service of the counter notice.
A counter notice under subsection (3) shall specify the circumstances by virtue of which it is served.
At any time when— the tenant may serve on the landlord a notice (in this section and section 153B referred to as an “operative notice of delay”) which shall state that section 153B will apply to payments of rent made by the tenant on or after the default date or, if the initial notice of delay specified the case in subsection (1)(e), the date of the service of the notice.
the response period specified in an initial notice of delay has expired, and
the landlord has not served a counter notice under subsection (3),
If, after a tenant has served an initial notice of delay, a counter notice has been served under subsection (3), then, whether or not the tenant has also served an operative notice of delay, if any of the cases in subsection (1) again arises, the tenant may serve a further initial notice of delay and the provisions of this section shall apply again accordingly.
Where a secure tenant has served on his landlord an operative notice of delay, this section applies to any payment of rent which is made on or after the default date or, as the case may be, the date of the service of the notice and before the occurrence of any of the following events (and, if more than one event occurs, before the earliest to occur)—
the service by the landlord of a counter notice under section 153A(3);
the date on which the landlord makes to the tenant the grant required by section 138 or, as the case may be, section 150;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the date on which the tenant withdraws or is deemed to have withdrawn the notice claiming to exercise the right to buy or, as the case may be, the notice claiming to exercise the right to acquire on rent to mortgage terms; and
the date on which the tenant ceases to be entitled to exercise the right to buy.
Except where this section ceases to apply on a date determined under paragraph (d) or (e) of subsection (1), so much of any payment of rent to which this section applies as does not consist of— shall be treated not only as a payment of rent but also as a payment on account by the tenant which is to be taken into account in accordance with subsection (3).
a sum due on account of rates or council tax, or
a service charge (as defined in section 621A),
In a case where subsection (2) applies, the amount which, apart from this section, would be the purchase price or, as the case may be, the the tenant’s initial payment shall be reduced by an amount equal to the aggregate of—
the total of any payments on account treated as having been paid by the tenant by virtue of subsection (2); and
if those payments on account are derived from payments of rent referable to a period of more than twelve months, a sum equal to the appropriate percentage of the total referred to in paragraph (a).
In subsection (3)(b) “ the appropriate percentage ” means 50 per cent. or such other percentage as may be prescribed.
A conveyance of the freehold or grant of a lease in pursuance of this Part shall contain (unless, in the case of a conveyance or grant in pursuance of the right to buy, there is no discount) a covenant binding on the secure tenant and his successors in title to the following effect.
In the case of a conveyance or grant in pursuance of the right to buy, the covenant shall be to pay the landlord such sum (if any) as the landlord may demand in accordance with section 155A on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the conveyance or grant.
In the case of a conveyance or grant in pursuance of the right to acquire on rent to mortgage terms, the covenant shall be to pay the landlord such sum (if any) as the landlord may demand in accordance with section 155B on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the making of the initial payment.
the effective discount (if any) to which the tenant was entitled on the acquisition of his initial share, and
for each additional share, the effective discount (if any) to which the tenant was entitled on the acquisition of that share,
Where a secure tenant has served on his landlord an operative notice of delay, as defined in section 153A,—
the five years referred to in subsection (2) shall begin from a date which precedes the date of the conveyance of the freehold or grant of the lease by a period equal to the time (or, if there is more than one such notice, the aggregate of the times) during which, by virtue of section 153B, any payment of rent falls to be taken into account in accordance with subsection (3) of that section; and
any reference in subsection (3) (other than paragraph (a) thereof) to the making of the initial payment shall be construed as a reference to the date which precedes that payment by the period referred to in paragraph (a) of this subsection.
The liability that may arise under the covenant required by section 155 is a charge on the dwelling-house, taking effect as if it had been created by deed expressed to be by way of legal mortgage.
Subject to subsections (2A) and (2B), the charge has priority as follows—
if it secures the liability that may arise under the covenant required by section 155(2), immediately after any legal charge securing an amount advanced to the secure tenant by an approved lending institution for the purpose of enabling him to exercise the right to buy;
if it secures the liability that may arise under the covenant required by section 155(3), immediately after the mortgage—
which is required by section 151B (mortgage for securing redemption of landlord’s share), and
which, by virtue of subsection (2) of that section, has priority immediately after any legal charge securing an amount advanced to the secure tenant by an approved lending institution for the purpose of enabling him to exercise the right to acquire on rent to mortgage terms.
further advanced to him by that institution;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The approved lending institutions for the purposes of this section are— the Relevant Authority,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall be made by statutary instrument, and
may make different provision with respect to different cases or descriptions of case, including different provision for different areas.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of the covenant mentioned in section 155(2), the landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section.
The maximum amount which may be demanded by the landlord is a percentage of the price or premium paid for the first relevant disposal which is equal to the discount to which the secure tenant was entitled, where the discount is expressed as a percentage of the value which under section 127 was taken as the value of the dwelling-house at the relevant time.
But for each complete year which has elapsed after the conveyance or grant and before the disposal the maximum amount which may be demanded by the landlord is reduced by one-fifth.
This section is subject to section 155C.
Where in pursuance of this Part a conveyance or grant is executed by a local authority . . . or a housing association (“the landlord”) of a dwelling-house situated in— the conveyance or grant may (subject to section 156A(8) contain a covenant limiting the freedom of the tenant (including any successor in title of his and any person deriving title under him or such a successor) to dispose of the dwelling-house in the manner specified below.
a National Park,
an area designated under section 82 of the Countryside and Rights of Way Act 2000 as an area of outstanding natural beauty, or
an area designated by order of the Secretary of State as a rural area,
The limitation is, . . . ), that until such time (if any) as may be notified in writing by the landlord to the tenant or a successor in title of his
, there will be no relevant disposal which is not an exempted disposal without the written consent of the landlord; but that consent shall not be withheld if the disposal is to a person satisfying the condition stated in subsection (3) and—
there will be no disposal by way of tenancy or licence without the written consent of the landlord unless the disposal is to a person satisfying that condition or by a person whose only or principal home is and, throughout the duration of the tenancy or licence, remains the dwelling-house.
The condition is that the person to whom the disposal is made (or, if it is made to more than one person, at least one of them) has, thoughout the period of three years immediately preceding the application for consent or, in the case of a disposal by way of tenancy or licence, preceding the disposal— or has had the one in part or parts of that period and the other in the remainder; but the region need not have been the same throughout the period.
had his place of work in a region designated by order of the Secretary of State which, or part of which, is comprised in the National Park or area, or
had his only or principal home in such a region;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the tenant (or his successor in title or the person deriving title under him or his successor) has offered to reconvey the dwelling-house, or as the case may be surrender the lease, to the landlord for such consideration as is mentioed in section 158, and
the landlord has refused the offer or has failed to accept it within one month after it was made.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A disposal in breach of such a covenant as is mentioned in subsection (1) is void and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the landlord as if—
the landlord were possessed of land adjacent to the house concerned; and
the covenant were expressed to be made for the benefit of such adjacent land.
Where such a covenant imposes the limitation specified in subsection (2), the limitation is a local land charge and the Chief Land Registrar shall enter a restriction in the register of title reflecting the limitation.
Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal.
An order under this section—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of the covenant mentioned in section 155(3), the landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section.
The maximum amount which may be demanded by the landlord is the discount (if any) to which the tenant was entitled on the making of— reduced, in each case, by one-fifth for each complete year which has elapsed after the making of the initial payment and before the disposal.
the initial payment,
any interim payment made before the disposal, or
the final payment if so made,
The consideration for such a disposal as is mentioned in section 156A(4) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the dwelling-house at the time when the offer is made (as determined in accordance with regulations under that section).
That value shall be taken to be the price which, at that time, the interest to be reconveyed , conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under— would be discharged by the vendor.
the covenant required by section 155 (repayment of discount on early disposal), and
any convenant required by paragraph 6 of Schedule 8 (payment for outstanding share on disposal of dwelling-house subject to shared ownership lease),
any covenant required by paragraph 1 of Schedule 6A (obligation to redeem landlord’s share where conveyance or grant executed in pursuance of right to acquire on rent to mortgage terms), and
If the the offer is accepted in accordance with regulations under section 156A, no payment shall be required in pursuance of any such covenant as is mentioned in subsection (2), but the consideration shall be reduced , subject to subsection (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant.
Where there is a charge on the dwelling-house having priority over the charge to secure payment of the sum due under the covenant mentioned in subsection (2), the consideration shall not be reduced under subsection (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer to (as determined in accordance with regulations under section 156A).
In calculating the maximum amount which may be demanded by the landlord under section 155A, such amount (if any) of the price or premium paid for the disposal which is attributable to improvements made to the dwelling-house— shall be disregarded.
by the person by whom the disposal is, or is to be, made, and
after the conveyance or grant and before the disposal,
The amount to be disregarded under this section shall be such amount as may be agreed between the parties or determined by the district valuer.
The district valuer shall not be required by virtue of this section to make a determination for the purposes of this section unless—
it is reasonably practicable for him to do so; and
his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made.
If the district valuer does not make a determination for the purposes of this section (and in default of an agreement), no amount is required to be disregarded under this section.
A disposal, whether of the whole or part of the dwelling-house, is a relevant disposal for the purposes of this Part if it is—
a further conveyance of the freehold or an assignment of the lease, or
the grant of a lease (other than a mortgage term) for a term of more than 21 years otherwise than at a rack rent.
For the purposes of subsection (1)(b) it shall be assumed—
that any option to renew or extend a lease or sub-lease, whether or not forming part of a series of options, is exercised, and
that any option to terminate a lease or sub-lease is not exercised.
A disposal is an exempted disposal for the purposes of this Part if—
it is a disposal of the whole of the dwelling-house and a further conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is a qualifying person (as defined in subsection (2));
it is a vesting of the whole of the dwelling-house in a person taking under a will or on an intestacy;
it is a disposal of the whole of the dwelling-house in pursuance of any such order as is mentioned in subsection (3);
it is a compulsory disposal (as defined in section 161); or
it is a disposal of property consisting of land included in the dwelling-house by virtue of section 184 (land let with or used for the purposes of the dwelling-house).
For the purposes of subsection (1)(a), a person is a qualifying person in relation to a disposal if—
he is the person, or one of the persons, by whom the disposal is made,
he is the spouse or a former spouse , or the civil partner or a former civil partner, of that person, or one of those persons, or
he is a member of the family of that person, or one of those persons, and has resided with him throughout the period of twelve months ending with the disposal.
The orders referred to in subsection (1)(c) are orders under—
section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings),
section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents), or
Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ).
A conveyance of the freehold or grant of a lease in pursuance of this Part shall contain the following covenant, which shall be binding on the secure tenant and his successors in title. This is subject to subsection (8).
The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance or grant, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.
In subsection (2) “ the prescribed conditions ” means such conditions as are prescribed by regulations under this section at the time when the conveyance or grant is made.
The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on— a right of first refusal to have a disposal within subsection (5) made to him for such consideration as is mentioned in section 158.
a landlord who has conveyed a freehold or granted a lease to a person (“ the former tenant ”) in pursuance of this Part, or
such other person as is determined in accordance with the regulations,
The disposals within this subsection are—
a reconveyance or conveyance of the dwelling-house; and
a surrender or assignment of the lease.
Regulations under this section may, in particular, make provision—
for the former tenant to offer to make such a disposal to such person or persons as may be prescribed;
for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted;
for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer;
for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the former tenant and any other prescribed person;
for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person;
for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken;
for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the former tenant is able to make a disposal on the open market;
for the manner in which any offer, acceptance or notification is to be communicated.
In subsection (6) any reference to the former tenant is a reference to the former tenant or his successor in title. Nothing in that subsection affects the generality of subsection (4).
In a case to which section 157(1) applies—
the conveyance or grant may contain a covenant such as is mentioned in subsections (1) and (2) above instead of a covenant such as is mentioned in section 157(1), but
it may do so only if the Secretary of State or, where the conveyance or grant is executed by a housing association within section 6A(3) or (4), the Relevant Authority consents.
Consent may be given in relation to— and may, in any case, be given subject to conditions.
a particular disposal, or
disposals by a particular landlord or disposals by landlords generally,
Regulations under this section—
may make different provision with respect to different cases or descriptions of case; and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The limitation imposed by a covenant within subsection (2) (whether the covenant is imposed in pursuance of subsection (1) or (8)) is a local land charge.
The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.
In this Part a “compulsory disposal” means a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or for whom another person has made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired.
Where there is a relevant disposal which is an exempted disposal by virtue of section 160(1)(d) or (e) (compulsory disposals or disposals of land let with or used for purposes of dwelling-house)—
the covenant required by section 155 (repayment of discount on early disposal) is not binding on the person to whom the disposal is made or any successor in title of his and that covenant and the charge taking effect by virtue of section 156 cease to apply in relation to the property disposed of, and
any such covenant as is mentioned in section 157 (restriction on disposal of dwelling-houses in National Parks, etc.) ceases to apply in relation to the property disposed of.
the covenant required by section 156A (right of first refusal for landlord etc. ) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant ceases to apply in relation to the property disposed of, and
For the purposes of this Part the grant of an option enabling a person to call for a relevant disposal which is not an exempted disposal shall be treated as such a disposal made to him.
For the purposes of section 157(2) (requirement of consent to disposal of dwelling-house in National Park, etc.) a consent to such a grant shall be treated as a consent to a disposal in pursuance of the option.
If a secure tenant or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 155 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.
In subsection (1) “ the appropriate time ” means—
the time when the agreement is entered into, or
if it was made before the beginning of the discount repayment period, immediately after the beginning of that period.
An agreement is within this subsection if it is an agreement between the secure tenant or his successor in title and any other person—
which is made (expressly or impliedly) in contemplation of, or in connection with, the tenant exercising, or having exercised, the right to buy,
which is made before the end of the discount repayment period, and
under which a relevant disposal (other than an exempted disposal) is or may be required to be made to any person after the end of that period.
Such an agreement is within subsection (3)—
whether or not the date on which the disposal is to take place is specified in the agreement, and
whether or not any requirement to make the disposal is or may be made subject to the fulfilment of any condition.
The Secretary of State may by order provide—
for subsection (1) to apply to agreements of any description specified in the order in addition to those within subsection (3);
for subsection (1) not to apply to agreements of any description so specified to which it would otherwise apply.
An order under subsection (5)—
may make different provision with respect to different cases or descriptions of case; and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
The Secretary of State may use his powers under this section where it appears to him that tenants generally, a tenant or tenants of a particular landlord, or tenants of a description of landlords, have or may have difficulty in exercising effectively and expeditiously the right to buy or the right to acquire on rent to mortgage terms.
The powers may be exercised only after he has given the landlord or landlords notice in writing of his intention to do so and while the notice is in force.
Such a notice shall be deemed to be given 72 hours after it has been sent.
Where a notice under this section has been given to a landlord or landlords, no step taken by the landlord or any of the landlords while the notice is in force or before it was given has any effect in relation to the exercise by a secure tenant of the right to buy, or the right to acquire on rent to mortgage terms, except in so far as the notice otherwise provides.
While a notice under this section is in force the Secretary of State may do all such things as appear to him necessary or expedient to enable secure tenants of the landlord or landlords to which the notice was given to exercise the right to buy, and the right to acquire on rent to mortgage terms; and he is not bound to take the steps which the landlord would have been bound to take under this Part.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Secretary of State may, on behalf of the mortgagee, receive any sums due to it and exercise all powers and do all things which the mortgagee could have exercised or done, and
the mortgagee shall not receive any such sum, exercise any such power or do any such thing, except with the consent of the Secretary of State, which may be given subject to such conditions as the Secretary of State thinks fit.
For the purpose of conveying a freehold or granting a lease in the exercise of his powers under section 164 the Secretary of State may execute a document, to be known as a vesting order, containing such provisions as he may determine; and for the purposes of stamp duty the vesting order shall be treated as a document executed by the landlord.
A vesting order has the like effect, except so far as it otherwise provides, as a conveyance or grant duly executed in pursuance of this Part, and, in particular, binds both the landlord and its successors in title and the tenant and his successors in title (including any person deriving title under him or them) to the same extent as if the covenants contained in it and expressed to be made on their behalf had been entered into by them.
If the landlord’s title to the dwelling-house in respect of which a vesting order is made is not registered, the vesting order shall contain a certificate stating that the freehold conveyed or grant made by it is subject only to such incumbrances, rights and interests as are stated elsewhere in the vesting order or summarised in the certificate.
The Chief Land Registrar shall, on a vesting order being presented to him, register the tenant as proprietor of the title concerned; and if the title has not previously been registered—
he shall so register him with an absolute title, or as the case may require a good leasehold title, and
he shall, for the purpose of the registration, accept any such certificate as is mentioned in subsection (3) as sufficient evidence of the facts stated in it.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
if so requested by the Secretary of State, supply him (on payment of the appropriate fee) with an office copy of any document required by the Secretary of State for the purpose of executing a vesting order with respect to the dwelling-house, and
notwithstanding section 112 of the Land Registration Act 1925 (authority of proprietor required for inspection of register, etc.), allow any person authorised by the Secretary of State to inspect and make copies of and extracts from any register or document which is in the custody of the Chief Land Registrar and relates to the dwelling-house.
If a person suffers loss in consequence of a registration under this section in circumstances in which he would have been entitled to be indemnified under Schedule 8 to the Land Registration Act 2002 by the Chief Land Registrar had the registration of the tenant as proprietor of the title been effected otherwise than under this section, he is instead entitled to be indemnified by the Secretary of State and section 166(4) of this Act (recovery of Secretary of State’s costs from landlord) applies accordingly.
A notice under section 164 may be withdrawn by a further notice in writing, either completely or in relation to a particular landlord or a particular case or description of case.
The further notice may give such directions as the Secretary of State may think fit for the completion of a transaction begun before the further notice was given; and such directions are binding on the landlord, and may require the taking of steps different from those which the landlord would have been required to take if the Secretary of State’s powers under section 164 had not been used.
Where in consequence of the exercise of his powers under section 164 the Secretary of State receives sums due to a landlord, he may retain them while a notice under that section is in force in relation to the landlord and is not bound to account to the landlord for interest accruing on them.
Where the Secretary of State exercises his powers under section 164 with respect to secure tenants of a landlord, he may— and a sum so certified is a debt from the landlord to the Secretary of State payable on a date specified in the certificate, together with interest from that date at a rate so specified.
calculate, in such manner and on such assumptions as he may determine, the costs incurred by him in doing so, and
certify a sum as representing those costs;
sums payable under subsection (4) may, without prejudice to any other method of recovery, be recovered from the landlord by the withholding of sums due from the Secretary of State, including sums payable to the landlord and received by the Secretary of State in consequence of his exercise of his powers under section 164.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where it appears to the Secretary of State that, if covenants or conditions of any kind were included in conveyances or grants of dwelling-houses of any description executed in pursuance of this Part— he may direct landlords generally, landlords of a particular description or particular landlords not to include covenants or conditions of that kind in such conveyances or grants executed on or after a date specified in the direction.
the conveyances would not conform with Parts I and II of Schedule 6, or
the grants would not conform with Parts I and III of that Schedule or
in the case of conveyances or grants executed in pursuance of the right to acquire on rent to mortgage terms, the conveyances or grants would not conform with Schedule 6A,
A direction under this section may be varied or withdrawn by a subsequent direction.
If a direction under section 167 so provides, the provisions of this section shall apply in relation to a covenant or condition which—
was included in a conveyance or grant executed before the date specified in the direction, and
could not have been so included if the conveyance or grant had been executed on or after that date.
The covenant or condition shall be discharged or (if the direction so provides) modified, as from the specified date, to such extent or in such manner as may be provided by the direction; and the discharge or modification is binding on all persons entitled or capable of becoming entitled to the benefit of the covenant or condition.
The landlord by whom the conveyance or grant was executed shall, within such period as may be specified in the direction—
serve on the person registered as the proprietor of the dwelling-house, and on any person registered as the proprietor of a charge affecting the dwelling-house, a written notice informing him of the discharge or modification, and
on behalf of the person registered as the proprietor of the dwelling-house, apply to the Chief Land Registrar (and pay the appropriate fee) for notice of the discharge or modification to be entered in the register.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where it appears to the Secretary of State necessary or expedient for the purpose of determining whether his powers under section 164 or 166 (general power to intervene) or section 167 or 168 (power to give directions as to covenants and conditions) are exercisable, or for or in connection with the exercise of those powers, he may by notice in writing to a landlord require it—
at such time and at such place as may be specified in the notice, to produce any document, or
within such period as may be so specified or such longer period as the Secretary of State may allow, to furnish a copy of any document or supply any information.
Any officer of the landlord designated in the notice for that purpose or having custody or control of the document or in a position to give that information shall, without instructions from the landlord, take all reasonable steps to ensure that the notice is complied with.
In this section references to a landlord include—
a landlord by whom a conveyance or grant was executed in pursuance of this Part. . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies to— other than proceedings to determine a question as to the value of a dwelling-house (or part of a dwelling-house).
proceedings under this Part or to determine a question arising under or in connection with this Part, and
proceedings to determine a question arising under or in connection with a conveyance or grant executed in pursuance of this Part,
A party or prospective party to proceedings or prospective proceedings to which this section applies, who— may apply to the Secretary of State for assistance under this section.
has claimed to exercise or has exercised the right to buy or the right to acquire on rent to mortgage terms, or
is a successor in title of a person who has exercised either of those rights,
The Secretary of State may grant the application if he thinks fit to do so on the ground— or by reason of any other special consideration.
that the case raises a question of principle, or
that it is unreasonable having regard to the complexity of the case, or to any other matter, to expect the applicant to deal with it without such assistance,
Assistance by the Secretary of State under this section may include— but paragraph (d) does not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any proceedings.
giving advice.
procuring or attempting to procure the settlement of the matter in dispute,
arranging for the giving of advice or assistance by a solicitor or counsel,
arranging for the giving of advice or assistance by a solicitor or counsel,
arranging for representation by a solicitor or counsel, including such asistance as is usually given by a solicitor or counsel in the steps preliminary or incidental to any proceedings, or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings, and
arranging for representation by a solicitor or counsel, including such asistance as is usually given by a solicitor or counsel in the steps preliminary or incidental to any proceedings, or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings, and
any other form of assistance which the Secretary of State may consider appropriate;
In so far as expenses are incurred by the Secretary of State in providing the applicant with assistance under this section, the recovery of those expenses (as taxed or assessed in such manner as may be prescribed by rules of court) shall constitute a first charge for the benefit of the Secretary of State— but subject to any charge imposed by section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and any provision in, or made under, Part I of that Act for the payment of any sum to the Lord Chancellor.
on any costs which (whether by virtue of a judgment or order of a court or an agreement or otherwise) are payable to the applicant by any other person in respect of the matter in connection with which the assistance was given, and
so far as relates to any costs, on his rights under any compromise or settlement arrived at in connection with that matter to avoid or bring to an end any proceedings;
References in this section to a solicitor include the Treasury Solicitor.
The Secretary of State may by order provide that, where there are in a dwelling-house let on a secure tenancy one or more interest to which this section applies, this Part and Part IV (secure tenancies) have effect with such modifications as are specified in the order.
This section applies to an interest held by— a local authority, a new town corporation, a housing action trust an urban development corporation, a Mayoral development corporation, . . . the Regulator of Social Housing or Scottish Homes, a non-profit registered provider of social housing or a registered social landlord, which is immediately superior to the interest of the landlord or to another interest to which this section applies.
An order under this section—
may make different provision with respect to different cases or descriptions of case;
may contain such consequential, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient; and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Part I of the Leasehold Reform Act 1967 (enfranchisement and extension of long leaseholds) does not apply where, in the case of a tenancy or sub-tenancy to which this section applies, the landlord is a housing association and the freehold is owned by a body of persons or trust established for charitable purposes only.
This section applies to a tenancy created by the grant of a lease in pursuance of this Part of a dwelling-house which is a house.
Where Part I of the 1967 Act applies as if there had been a single tenancy granted for a term beginning at the same time as the term under a tenancy falling within subsection (2) and expiring at the same time as the term under a later tenancy, this section also applies to that later tenancy.
This section applies to any sub-tenancy directly or indirectly derived out of a tenancy falling within subsection (2) or (3).
Where a tenancy of a dwelling-house which is a house is created by the grant of a lease in pursuance of the right to be granted a shared ownership lease, then, so long as the rent payable under the lease exceeds £10 per annum, neither the tenant nor the tenant under a sub-tenancy directly or indirectly derived out of the tenancy shall be entitled to acquire the free-hold or an extended lease of the dwelling-house under Part I of the Leasehold Reform Act 1967.
Subsection (1) applies notwithstanding the provisions of section 174 (leases granted under this Part to be treated as long leases at a low rent).
For the purposes of Part I of the Leasehold Reform Act 1967 (enfranchisement and extension of long leaseholds)—
a tenancy created by the grant of a lease in pursuance of this part of a dwelling-house which is a house shall be treated as being a long tenancy notwithstanding that it is granted for a term of 21 years or less, . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where, in the case of a tenancy or sub-tenancy to which this section applies, the tenant exercises his right to acquire the freehold under Part I of the Leasehold Reform Act 1967, the price payable for the dwelling-house shall be determined in accordance with section 9(1A) of that Act notwithstanding that the circumstances specified in that section do not apply.
This section applies to a tenancy created by the grant of a lease in pursuance of this Part of a dwelling-house which is a house.
Where Part I of the 1967 Act applies as if there had been a single tenancy granted for a term beginning at the same time as the term under a tenancy falling within subsection (2) and expiring at the same time as the term under a later tenancy, this section also applies to that later tenancy.
This section applies to any sub-tenancy directly or indirectly derived out of a tenancy falling within subsection (2) or (3).
This section also applies to a tenancy granted in substitution for a tenancy or sub-tenancy falling within subsections (2) to (4) in pursuance of Part I of the 1967 Act.
The Secretary of State may by regulations prescribe the form of any notice under this Part and the particulars to be contained in the notice.
Where the form of, and the particulars to be contained in, a notice under this Part are so prescribed, a tenant who proposes to claim, or has claimed, to exercise the right to buy may request the landlord to supply him with a form for use in giving such notice; and the landlord shall do so within seven days of the request.
A notice under this Part may be served by sending it by post.
Where the landlord is a housing association, a notice to be served by the tenant on the landlord under this Part may be served by leaving it at, or sending it to, the principal office of the association or the office of the association with which the tenant usually deals.
Regulations under this section—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument.
A notice served by a tenant under this Part is not invalidated by an error in, or omission from, the particulars which are required by regulations under section 176 to be contained in the notice.
Where as a result of such an error or omission— the parties shall, as soon as practicable after they become aware of the mistake, take all such steps (whether by way of amending, withdrawing or re-serving any notice or extending any period or otherwise) as may be requisite for the propose of securing that all parties are, as nearly as may be, in the same position as they would have been if the mistake had not been made.
the landlord has mistakenly admitted or denied the right to buy or the right to acquire on rent to mortgage terms in a notice under section 124 or 146, or
the landlord . . .has formed a mistaken opinion as to any matter required to be stated in a notice by any of the provisions mentioned in sub-section (3) and has stated that opinion in the notice,
The provisions referred to in subsection (2)(b) are— section 125 (notice of purchase price, etc.), . . . section 146 (landlord’s notice admitting or denying right to acquire on rent to mortgage terms). . . .
Subsection (2) does not apply where the tenant has exercised the right to which the notice relates before the parties become aware of the mistake.
An agreement between the landlord and a tenant claiming to exercise— is void in so far as it purports to oblige the tenant to bear any part of the costs incurred by the landlord in connection with the tenant’s exercise of that right.
An agreement between— is void in so far as it purports to oblige the tenant to bear any part of the costs incurred by the landlord or Housing Corporation in connection with the tenant’s exercise of that right.
the landlord and a tenant claiming to exercise the right to buy, the right to be granted a shared ownership lease, or any such right as is mentioned in paragraphs 1(1), 2 or 8 of Schedule 8 (terms of shared ownership lease: right to acquire additional shares or call for conveyance of freehold), or
the landlord or, as the case may be, the Housing Corporation and a tenant claiming to exercise the right to a mortgage, or such a right as is mentioned in paragraph 1 of Schedule 9 (right to further advances),
the right to buy,
Where a tenant exercises the right to a mortgage, or such a right as is mentioned in paragraph 1 of Schedule 9 (right to further advances), the landlord or, as the case may be, the Housing Corporation may charge to him the costs incurred by it in connection with his exercise of that right, but only—
on the execution of the deed by which the mortgage is effected, and
to the extent that the costs do not exceed such amount as the Secretary of State may by order specify.
the right to acquire on rent to mortgage terms, or
An order under this section—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
any such right as is mentioned in paragraph 2(1) or 6(1) of Schedule 6A (redemption of landlord’s share: right to make final or interim payment),
A provision of a lease held by the landlord or a superior landlord, or of an agreement (whenever made), is void in so far as it purports to prohibit or restrict— or to authorise a forfeiture, or impose on the landlord or superior landlord a penalty or disability, in the event of such a grant or disposal.
the grant of a lease in pursuance of the right to buy or the right to acquire on rent to mortgage terms, or
the subsequent disposal (whether by way of assignment, sub-lease or otherwise) of a lease so granted
Where a dwelling-house let on a secure tenancy is land held— then, for the purposes of this Part, the dwelling-house shall be deemed to be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with section 164 or, as the case may be, section 10.
for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds),or
in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),
A landlord, . . .or the Secretary of State may, if the landlord, . . . or Secretary of State thinks fit, accept a statutory declaration made for the purposes of this Part as sufficient evidence of the matters declared in it.
The county court has jurisdiction— but subject to sections 128 , 128B, 155C and 158. . .(which provide for matters of valuation to be determined by the district valuer).
to entertain any proceedings brought under this Part, and
to determine any question arising under this Part or under a conveyance or grant executed in pursuance of the right to acquire on rent to mortgage terms;
The jurisdiction conferred by this section includes jurisdiction to entertain proceedings on any such question as is mentioned in subsection (1)(b) notwithstanding that no other relief is sought than a declaration.
If a person takes proceedings in the High Court which, by virtue of this section, he could have taken in the county court, he is not entitled to recover any costs.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the exercise by a registrar of a county court of any jurisdition exercisable under this section, and
for the conduct of proceedings in private.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by order repeal or amend a provision of a local Act passed before 8th August 1980 where it appears to him that the provision is inconsistent with a provision of this Part relating to the right to buy . . ..
Before making an order under this section the Secretary of State shall consult any local housing authority appearing to him to be concerned.
An order made under this section may contain such transitional, incidental or supplementary provisions as the Secretary of State considers appropriate.
An order under this section—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The following provisions apply to the interpretation of “house”, “flat” and “dwelling-house” when used in this Part.
A dwelling-house is a house if, and only if, it (or so much of its as does not consist of land included by virtue of section 184) is a structure reasonably so called; so that—
where a building is divided horizontally, the flats or other units into which it is divided are not houses;
where a building is divided vertically, the units into which it is divided may be houses;
where a building is not structurally detached, it is not a house if a material part of it lies above or below the remainder of the structure.
A dwelling-house which is not a house is a flat.
For the purpose of this Part land let together with a dwelling-house shall be treated as part of the dwelling-house, unless the land is agricultural land (within the meaning set out in section 26(3)(a) of the General Rate Act 1967) exceeding two acres.
There shall be treated as included in a dwelling-house any land which is not within subsection (1) but is or has been used for the purpose of the dwelling-house if—
the tenant, by a written notice served on the landlord at any time before he exercises the right to buy or the right to acquire on rent to mortgage terms, requires the land to be included in the dwelling-house, and
it is reasonable in all the circumstances for the land to be so included.
A notice under subsection (2) may be withdrawn by a written notice served on the landlord at any time before the tenant exercises the right to buy or the right to acquire on rent to mortgage terms.
Where a notice under subsection (2) is served or withdrawn after the service of the notice under section 125 (landlord’s notice of purchase price, etc.), the parties shall, as soon as practicable after the service or withdrawal, take all such steps (whether by way of amending, withdrawing or re-serving any notice or extending any period or otherwise) as may be requisite for the purpose of securing that all parties are, as nearly as may be, in the same position as they would have been in if the notice under subsection (2) had been served or withdrawn before the service of the notice under section 125.
References in this Part to a secure tenancy or a secure tenant in relation to a time before 26th August 1984 are to a tenancy which would have been a secure tenancy if Chapter II of Part I of the Housing Act 1980 and Part I of the Housing and Building Control Act 1984 had then been in force or to a person who would then have been a secure tenant.
For the purpose of determining whether a person would have been a secure tenant and his tenancy a secure tenancy—
a predecessor of a local authority shall be deemed to have been such an authority, and
a housing association shall be deemed to have been registered if it is or was a private registered provider of social housing orregistered social landlord at any later time.
A person is a member of another’s family within the meaning of this Part if—
he is the spouse or civil partner of that person, or he and that person live together as if they were a married couple or civil partners, or
he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.
For the purposes of subsection (1)(b)—
a relationship by marriage or civil partnership shall be treated as a relationship by blood,
a relationship of the half-blood shall be treated as a relationship of the whole blood,
the stepchild of a person shall be treated as his child, and
an illegitimate child shall be treated as as the legitimate child of his mother and reputed father.
In this Part—
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 or paragraph):— . . . . . . bank section 622 building society section 622 cemetery section 622 charity section 662 compulsory disposal section 161 co-operative housing association section 5(2) . . . . . . disposal and instrument effecting disposal (in Schedule 9A) paragraph 10 of Schedule [district valuer] [section 622 ] dwelling-house sections 183 and 184 . . . . . . exempted disposal section 160 family (member of) section 186 [final payment] [paragraph 1 of Schedule 6A] flat section 183 former landlord and former secure tenant (in relation to a qualifying disposal) section 171A(2)(c) friendly society section 622 . . . . . . house section 183 housing association section 5(1) housing trust section 6 improvement section 187 improvement contribution section 187 incumbrances paragraph 7 of Schedule 6 [initial payment and interim payment] [section 143B and paragraph 6 of Schedule 6A] . . . . . . insurance company section 622 [landlord’s share] [section 148 and paragraph 7 of Schedule 6A ] lease section 621 local authority section 4(e) local housing authority section 1, 2(2) long tenancy (and long lease) section 187 [minimum initial payment and maximum initial payment] [section 143B ] new town corporation section 4(b) . . . . . . [prescribed] [section 614] preserved right to buy section 171A(2)(a) public sector tenancy (and public sector tenant) paragraphs 6 to 10 of Schedule 4 purchase price section 126 qualifying disposal (in relation to the preserved right to buy) section 171A(2)(b) qualifying dwelling-house and qualifying person (in relation to the preserved right to buy) section 171B(1) reference period (for purposes of s. 125A or 125B) section 125C registered social landlord section 5(4) and (5) regular armed forces of the Crown section 622 the Relevant Authority section 6A relevant disposal section 159 (and see section 452(3)) relevant time section 122(2) . . . . . . [right to acquire on rent to mortgage terms] [section 143] right to buy section 118(1) . . . . . . . . . . . . secure tenancy and secure tenant sections 79 and 185 service charge section 621A tenant’s incumbrance paragraph 7 of Schedule 6 . . . . . . trustee savings bank section 622 urban development corporation section 4(d)
The provisions of this Part continue to apply where a person ceases to be a secure tenant of a dwelling-house by reason of the disposal by the landlord of an interest in the dwelling-house in England to a person who is not an authority or body within section 80 (the landlord condition for secure tenancies).
In the following provisions of this Part—
references to the preservation of the right to buy and to a person having the preserved right to buy are to the continued application of the provisions of this Part by virtue of this section and to a person in relation to whom those provisions so apply;
“ qualifying disposal ” means a disposal in relation to which this section applies, and
“ former secure tenant ” and the “ former landlord ” are the persons mentioned in subsection (1).
This section does not apply—
where the former landlord was a person against whom the right to buy could not be exercised by virtue of paragraph 1, 2 or 3 of Schedule 5 (charities and certain housing associations), or
in such other cases as may be excepted from the operation of this section by order of the Secretary of State.
Orders under subsection (3)( b )—
may relate to particular disposals and may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where the right to buy is preserved, the provisions of this Part have effect subject to such exceptions, adaptations and other modifications as may be prescribed by regulations made by the Secretary of State.
The regulations may in particular provide—
that paragraphs 1, 3 and 5 to 11 of Schedule 5 (certain exceptions to the right to buy) do not apply;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
that the provisions of this Part relating to the right to acquire on rent to mortgage terms do not apply; and
that the landlord is not required to but may include a covenant for the repayment of discount, provided its terms are no more onerous than those of the covenant provided for in section 155.
The prescribed exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of this Part as they apply in cases where the right to buy is preserved; and the first regulations, and any subsequent consolidating regulations, shall set out the provisions of this Part as they so apply.
The regulations—
may make different provision for different cases or descriptions of case, including different provision for different areas,
may contain such incidental, supplementary and transitional provisions as the Secretary of State considers appropriate, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The disapplication by the regulations of paragraph 1 of Schedule 5 shall not be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity.
The disposal by the landlord of an interest in the qualifying dwelling-house, whether his whole interest or a lesser interest, does not affect the preserved right to buy, unless— in which case the right to buy ceases to be preserved.
as a result of the disposal an authority or body within section 80(1) (the landlord condition for secure tenancies) becomes the landlord of the qualifying person or persons, or
paragraph 6 of Schedule 9A applies (effect of failure to register entry protecting preserved right to buy),
The disposal by the landlord of a qualifying dwelling-house of less than his whole interest as landlord of the dwelling-house, or in part of it, requires the consent of the Secretary of State, unless the disposal is to the qualifying person or persons.
Subsection (2) does not apply to a disposal of land by a private registered provider of social housing or by a registered social landlord.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consent may be given in relation to a particular disposal or generally in relation to disposals of a particular description and may, in either case, be given subject to conditions.
A disposal made without the consent required by subsection (2) is void, except in a case where, by reason of a failure to make the entries on the land register or land charges register required by Schedule 9A, the preserved right to buy does not bind the person to whom the disposal is made.
On the termination of the landlord’s interest in the qualifying dwelling-house— the right to buy ceases to be preserved.
on the occurrence of an event determining his estate or interest, or by re-entry on a breach of condition or forfeiture, or
where the interest is a leasehold interest, by notice given by him or a superior landlord, on the expiry or surrender of the term, or otherwise (subject to subsection (2)),
The termination of the landlord’s interest by merger on his acquiring a superior interest, or on the acquisition by another person of the landlord’s interest together with a superior interest, does not affect the preserved right to buy, unless— in which case the right to buy ceases to be preserved.
as a result of the acquisition an authority or body within section 80(1) (the landlord condition for secure tenancies) becomes the landlord of the qualifying person or persons, or
paragraph 6 of Schedule 9A applies (effect of failure to register entry protecting preserved right to buy),
Where the termination of the landlord’s interest as mentioned in subsection (1) is caused by the act or omission of the landlord, a qualifying person who is thereby deprived of the preserved right to buy is entitled to be compensated by him.
The court shall not order a qualifying person to give up possession of the qualifying dwelling-house in pursuance of section 98(1)( a ) of the Rent Act 1977 or on Ground 9 in Schedule 2 to the Housing Act 1988 (suitable alternative accommodation) unless the court is satisfied—
that the preserved right to buy will, by virtue of section 171B(6) (accommodation with same landlord or connected company), continue to be exercisable in relation to the dwelling-house offered by way of alternative accommodation and that the interest of the landlord in the new dwelling-house will be—
where the new dwelling-house is a house, not less than the interest of the landlord in the existing dwelling-house, or
where the new dwelling-house is a flat, not less than the interest of the landlord in the existing dwelling-house or a term of years of which 80 years or more remain unexpired, whichever is the less; or
that the landlord of the new dwelling-house will be an authority or body within section 80(1) (the landlord condition for secure tenancies).
Schedule 9A has effect with respect to registration of title and related matters arising in connection with the preservation of the right to buy.
Where notice has been given in respect of a dwelling-house claiming to exercise the right to buy . . . and before the completion of the exercise of that right the dwelling-house is the subject of— all parties shall, subject to subsection (2), be in the same position as if the disponee had become the landlord before the notice was given and had been given that notice and any further notice given by the tenant to the landlord and had taken all steps which the landlord had taken.
a qualifying disposal, or
a disposal to which section 171D(1)( a ) or 171E(2)( a ) applies (disposal to authority or body satisfying landlord condition for secure tenancies),
If the circumstances after the disposal differ in any material respect, as for example where— all those concerned shall, as soon as practicable after the disposal, take all such steps (whether by way of amending or withdrawing and re-serving any notice or extending any period or otherwise) as may be requisite for the purpose of securing that all parties are, as nearly as may be, in the same position as they would have been if those circumstances had obtained before the disposal.
the interest of the disponee in the dwelling-house after the disposal differs from that of the disponor before the disposal, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any of the provisions of Schedule 5 (exceptions to the right to buy) becomes or ceases to be applicable,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the local housing authority are satisfied that a house is unfit for human habitation, they shall serve a repair notice on the person having control of the house, unless they are satisfied that the house is not capable of being rendered so fit at reasonable expense.
A repair notice under this section shall—
require the person on whom it is served to execute the works specified in the notice within such reasonable time, not being less than 21 days, as is specified in the notice, and
state that in the opinion of the authority the works specified in the notice will render the house fit for human habitation.
The authority, in addition to serving the notice on the person having control of the house, may serve a copy of the notice on any other person having an interest in the house, whether as freeholder, mortgagee, lessee or otherwise.
The notice becomes operative, if no appeal is brought, on the expiration of 21 days from the date of the service of the notice and is final and conclusive as to matters which could have been raised on an appeal.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the local housing authority— they may serve a repair notice on the person having congrol of the house.
are satisfied that a house is in such a state of disrepair that, although not unfit for human habitation, substantial repairs are necessary to bring it up to a reasonable standard, having regard to its age, character and locality, or
are satisfied on a representation made by an occupying tenant that a house is in such a state of disrepair that, although not unfit for human habitation, its condition is such as to interfere materially with the personal comfort of the occupying tenant,
A repair notice under this section shall require the person on whom it is served, within such reasonable time, not being less than 21 days, as is specified in the notice, to execute the works specified in the notice, not being works of internal decorative repair.
The authority, in addition to serving the notice on the person having control of the house, may serve a copy of the notice on any other person having an interest in the house, whether as freeholder, mortgagee, lessee or otherwise.
The notice becomes operative, if no appeal is brought, on the expiry of 21 days from the date of service of the notice and is final and conclusive as to matters which could have been raised on an appeal.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person aggrieved by a repair notice may within 21 days after the date of service of the notice, appeal to the county court.
On an appeal the court may make such order either confirming, quashing or varying the notice as it thinks fit.
Where the appeal is allowed against a repair notice under section 189 (repair notice in respect of unfit house), the judge shall, if requested to do so by the local housing authority, include in his judgment a finding whether the house can or cannot be rendered fit for human habitation at a reasonable expense.
If an appeal is brought the notice does not become operative until— and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the notice or decision appealed against.
a decision on the appeal confirming the notice (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or
if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the notice (with or without variation);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a person has appealed against a repair notice under section 189 (repair notice in respect of unfit house) and the court in allowing the appeal has found that the house cannot be rendered fit for human habitation at a reasonable expense, the local housing authority may purchase the house by agreement or be authorised by the Secretary of State to purchase it compulsorily.
The Secretary of State shall not confirm an order for the compulsory purchase of a house under this section unless the order is submitted to him within six months after the determination of the appeal.
If an owner or mortgagee of the house undertakes to carry out to the satisfaction of the Secretary of State, within such period as the Secretary of State may fix, the works specified in the notice against which the appeal was brought, the Secretary of State shall not confirm the compulsory purchase order unless that person has failed to fulfil his undertaking.
If the local housing authority purchase the house compulsorily they shall forthwith execute all the works specified in the notice against which the appeal was brought.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If a repair notice is not complied with the local housing authority may themselves do the work required to be done by the notice.
For this purpose compliance with the notice means the completion of the works specified in the notice within— from the date on which the notice becomes operative.
the period specified in the notice, or,
if an appeal is brought against the notice, the period of 21 days, or such longer period as the court in determining the appeal may fix,
The provisions of Schedule 10 apply with respect to the recovery by the local housing authority of expenses incurred by them under this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the local housing authority are about to enter upon a house under the provisions of section 193 for the purpose of doing any work, they may give notice in writing of their intention to do so to the person having control of the house and, if they think fit, to any owner of the house.
If at any time after the expiration of seven days from the service of the notice on him and whilst any workman or contractor employed by the local housing authority is carrying out works in the house— the person on whom the notice was served shall be deemed for the purpose of section 198 (penalty for obstruction) to be obstructing the authority in the execution of this Part unless he shows that there was urgent necessity to carry out the works in order to obviate danger to occupants of the house.
the person on whom the notice was served is in the house for the purpose of carrying out any works, or
any workman employed by him or by any contractor employed by him is in the house for such purpose,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If a person, after receiving notice of the intended action— a magistrates' court may order him to permit to be done on the premises all things requisite for carrying into effect those provisions.
being the occupier of premises, prevents the owner or person having control of the premises, or his officers, servants or agents, from carrying into effect with respect to the premises any of the provisions of this Part, or
being the occupier, owner or person having control of premises, prevents an officer, servant or agent of the local housing authority from so doing,
A person who fails to comply with an order of the court under this section commits a summary offence and is liable on conviction to a fine not exceeding £20 in respect of each day during which the failure continues.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If it appears to a magistrates' court, on the application of an owner of premises in respect of which a repair notice has been served, that owing to the default of another owner of the premises in executing works required to be executed, the interests of the applicant will be prejudiced, the court may make an order empowering the applicant forthwith to enter on the premises and execute the works within a period fixed by the order.
Where the court makes such an order, the court may, where it seems to the court just to do so, make a like order in favour of any other owner.
Before an order is made under this section, notice of the application shall be given to the local housing authority.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving 24 hours' notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of survey and examination—
where it appears to the authority that survey or examination is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises,
where a repair notice has been served in respect of the premises, or
in the case of premises which the authority are authorised by this Part to purchase compulsorily.
An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It is a summary offence to obstruct an officer of the local housing authority or of the Secretary of State, or a person authorised in pursuance of this Part to enter premises, in the performance of anything which that officer, authority or person is required or authorised by this Part to do.
A person who commits such an offence is liable on conviction to a fine not exceeding level 2 on the standard scale.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A lessee of a house who, or whose agent, incurs expenditure— may recover from the lessor under the lease such part (if any) of the expenditure as may be agreed between the parties or, in default of agreement, is determined by the county court to be just.
in complying with a repair notice, or
in defraying expenses incurred by the local housing authority under section 193 (execution of works by authority),
The county court in making the determination shall have regard in particular to—
the obligations of the lessor and the lessee under the lease with respect to the repair of the house,
the length of the unexpired term of the lease, and
the rent payable under the lease.
Where a person from whom a sum is recoverable under this section is himself a lessee of the house, the provisions of this section apply to that sum as they apply to expenditure of the kind mentioned in subsection (1).
This section does not apply to expenditure in respect of which a charging order is in force under section 200 (charging order in favour of owner executing works) or in respect of which an application for such an order is pending.
Where an owner has completed, in respect of a house, works required to be executed by a repair notice, he may apply to the local housing authority for a charging order.
An applicant for a charging order shall produce to the authority—
the certificate of the proper officer of the authority that the works have been executed to his satisfaction, and
the accounts of and vouchers for the expenses of the works.
The authority, when satisfied that the owner has duly executed the required works and of the amount of the expenses, shall make an order accordingly charging on the premises an annuity to repay that amount together with the amount of the costs properly incurred in obtaining the charging order.
The annuity charged shall be at the rate of £6 for every £100 of the aggregate amount charged, shall commence from the date of the order and shall be payable for a term of 30 years to the owner named in the order, his executors, administrators or assigns.
A person aggrieved by the charging order may, within 21 days after notice of the order has been served upon him, appeal to the county courtX; and where notice of appeal has been given no proceedings shall be taken under the order until the appeal is determined or ceases to be prosecuted.
The proper officer of the local housing authority shall file and record copies, certified by him to be true copies, of any charging order made under this section, the certificate given under subsection (2)(a) and the accounts as passed by the authority.
A charging order under section 200 shall be in such form as the Secretary of State may prescribe.
The charge created by such a charging order is a charge on the premises specified in the order having priority over all existing and future estates, interests and incumbrances, with the exception of—
charges under section 229 (charge in favour of person executing works required by improvement notice);
tithe rentcharge;
charges within section 1(1)(a) of the Local Land Charges Act 1975 (statutory charges in favour of public authorities); and
charges created under any Act authorising advances of public money.
Charges under section 200 and section 229 (the corresponding provision in relation to improvement notices) take order as between themselves according to their respective dates.
The annuity created by a charging order may be recovered by the person for the time being entitled to it by the same means and in the like manner in all respects as if it were a rentcharge granted by deed out of the premises by the owner of the premises.
The benefit of the charge may be from time to time transferred in like manner as a mortgage or rentcharge may be transferred, and the transfer shall be in such form as the Secretary of State may (prescribe.
An owner of, or other person interested in, premises on which an annuity has been charged by a charging order under section 200 may at any time redeem the annuity on payment to the person entitled to the annuity of such sum as may be agreed upon, or in default of agreement, determined by the Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nothing in this Part prejudices or interferes with the rights or remedies of an owner for breach of any covenant or contract entered into by a lessee in reference to premises in respect of which a repair notice is served.
If an owner is obliged to take possession of premises in order to comply with a repair notice the taking possession does not affect his right to avail himself of any such breach which occurred before he took possession.
No action taken under this Part prejudices or affects any remedy available to the tenant of a house against his landlord, either at common law or otherwise.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any part of a building which is used, or is suitable for use as, a dwelling, or
a hut, tent, caravan or other temporary or movable structure which is used for human habitation and has been in the same enclosure for a period of two years next before action is taken,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
building regulations made under Part I of the Building Act 1984,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is without one or more of the standard amenities (whether or not it is also in a state of disrepair),
is capable at reasonable expense of improvement to the full standard or, failing that, to the reduced standard, and
was provided (by erection or by the conversion or a building already in existence) before 3rd October 1961.
The local housing authority may serve a provisional notice on the person having control of a dwelling in— if it appears to the authority that the general conditions for service of an improvement notice are met, but subject to subsection (2) if the dwelling is owner-occupied.
general improvement area, or
housing action area,
The authority may only serve a provisional notice in respect of a dwelling which is owner-occupied if it appears to them that the circumstances are such that it is not reasonably practicable for another dwelling— to be improved to the full standard or, as the case may be, to the reduced standard without effecting the improvement to one of those standards of the owner-occupied dwelling.
which is in the same building as, or is adjacent to, the owner-occupied dwelling, and
which is not owner-occupied or in respect of which an application for an improvement grant, intermediate grant, special grant or repairs grant has been approved,
In any case where an improvement notice has not yet been served in respect of a dwelling falling within section 210 (certain dwellings in general improvement areas or housing action areas), the local housing authority may accept an undertaking from— to improve the dwelling to the full standard or, if in the opinion of the authority it is not practicable at reasonable expense for the dwelling to be improved to the full standard, to the reduced standard.
the person having control of the dwelling, or
any other person having an estate or interest in the dwelling.
The undertaking shall be in writing and shall specify the works agreed to be carried out and the period, being a period ending not more than nine months after the date on which the undertaking is accepted, within which the works are to be carried out.
Before accepting an undertaking, the authority shall satisfy themselves that, if there is an occupying tenant— and that the person giving the undertaking has a right to carry out the works specified in the undertaking as against all other persons having an estate or interest in the dwelling.
the housing arrangements are satisfactory or none are required, and
the undertaking incorporates the written consent of the occupying tenant signed by him to the carrying out of the works specified in the undertaking.
Where the authority accept an undertaking, they shall serve a notice to that effect on the person by whom the undertaking was given and shall not thereafter serve an improvement notice with respect to that dwelling unless—
the works specified in the undertaking are not carried out within the period so specified or such longer period as the authority may in writing allow, or
the authority are satisfied that, owing to a change of circumstances since the undertaking was accepted by them, the undertaking is unlikely to be fulfilled.
An authority who have accepted an undertaking may discharge it by serving notice of the discharge on the person by whom the undertaking was given, and they shall do so if at any time they consider that the general conditions for service of an improvement notice in respect of the dwelling are no longer met.
Where an authority serve a notice under subsection (4) or (5) on the person by whom an undertaking was given, they shall at the same time serve a copy of the notice on the person (if any) who is the occupying tenant of the dwelling at that time and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.
An occupying tenant of a dwelling which— may make representations in writing to the local housing authority with a view to the exercise by the authority of their powers under this section.
is not in a general improvement area or a housing action area, and
is without one or more of the standard amenities (whether or not it is also in a state of disrepair), and
was provided (by erection or by the conversion of a building already in existence) before 3rd October 1961.
The authority shall notify the person having control of the dwelling of any such representations made to them.
If on taking the representations into consideration the authority are satisfied that— they shall either serve a provisional notice on the person having control of the dwelling or notify the occupying tenant of their decision not to do so and give him a written statement of their reasons for that decision.
the person making the representations is an occupying tenant of the dwelling in question,
the general conditions for service of an improvement notice are met, and
the dwelling ought to be improved to the full standard or, as the case may be, to the reduced standard and is unlikely to be so improved unless they exercise their powers under this section,
The authority may serve a provisional notice under this section and take any further steps authorised under the following provisions of this Part notwithstanding that—
the occupying tenant quits the dwelling, or
the authority pass a resolution declaring an area in which the dwelling is situated to be a general improvement area or housing action area.
A provisional notice is a notice—
specifying the works which in the opinion of the local housing authority are required for the dwelling to be improved to the full standard or, as the case may be, to the reduced standard, and
stating a date, not less than 21 days after the service of the notice, and time and place at which the authority’s proposals for the carrying out of the works, any alternative proposals, any proposed housing arrangements, the views and interests of any occupying tenant and any other matters may be discussed.
The authority shall, not less than 21 days before the date so stated, in addition to serving the notice on the person having control of the dwelling, serve a copy of the notice on—
any occupying tenant of the dwelling, and
every other person who to the knowledge of the authority is an owner, lessee or mortgagee of the dwelling.
The person having control of the dwelling, any occupying tenant and every other person who is an owner, lessee or mortgagee of the dwelling are entitled to be heard when the authority’s proposals are discussed in accordance with the notice.
After the service of a provisional notice and before taking any other action under the following provisions of this Part, the authority shall take into consideration all representations made on or before the occasion when their proposals with respect to the dwelling are discussed in accordance with the notice, and in particular any representations with respect to the nature of the works proposed by them for improving the dwelling or with respect to any proposed housing arrangements.
If a local housing authority have served a provisional notice in respect of a dwelling under section 210(1) (dwellings in general improvement area or housing action area) and— the authority may, subject to the following provisions of this section, serve an improvement notice on the person having control of the dwelling.
no undertaking has yet been accepted in respect of the dwelling under section 211, or
such an undertaking has been accepted but the case falls within subsection (4)(a) or (b) of that section (undertaking not carried out within allotted period or unlikely to be fulfilled),
Before serving an improvement notice under this section the authority shall satisfy themselves—
that the dwelling continues to be in a general improvement area or a housing action area,
that the general conditions for service of an improvement notice in respect of the dwelling are still met,
that the dwelling is not for the time being owner-occupied or that the circumstances specified in section 210(2) apply or still apply in relation to it (circumstances in which provisional order may be served in respect of owner-occupied dwelling), and
that, if there is an occupying tenant, the housing arrangements are satisfactory or none are required or the tenant has unreasonably refused to enter into any such arrangements.
An improvement notice may not be served—
by virtue of subsection (1)(a) (no undertaking accepted) more than nine months after the service of the provisional notice, or
by virtue of subsection (1)(b) (undertaking not fulfilled) more than six months after the expiry of the period specified in the undertaking, or such longer period as has been duly allowed by the authority, for the completion of the works.
Where an authority serve an improvement notice under this section on the person having control of a dwelling, they shall at the time serve a copy of the notice on any occupying tenant of the dwelling and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling,
An improvement notice served under this section is a local land charge.
Where the local housing authority have served a provisional notice in respect of a dwelling under section 212(1) (dwelling not in general improvement area or housing action area), they may, at any time before the expiry of the period of twelve months beginning with the date on which the representations of the occupying tenant were received by them under that section, serve an improvement notice on the person having control of the dwelling.
Before serving an improvement notice under this section the authority shall satisfy themselves that—
the general conditions for service of an improvement notice in respect of the dwelling are still met,
the dwelling ought to be improved to the full standard or, as the case may be, to the reduced standard and is unlikely to be so improved unless the authority exercise their compulsory improvement powers, and
the housing arrangements are satisfactory or none are required or the occupying tenant has unreasonably refused to enter into any housing arrangements.
Where an authority serve an improvement notice under this section on the person having control of a dwelling, they shall at the same time serve a copy of the notice on any occupying tenant of the dwelling and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.
An improvement notice served under this section is a local land charge.
An improvement notice shall—
specify the works which in the opinion of the local housing authority are required to improve the dwelling to the full standard or, as the case may be, to the reduced standard,
state the authority’s estimate of the cost of carrying out the works, and
require the person having control of the dwelling to carry out the works to the authority’s satisfaction within the period of twelve months beginning with the date on which the notice becomes operative or such longer period as the authority may by permission in writing from time to time allow.
The works specified in the improvement notice may be different from the works specified in the provisional notice but shall not require the improvement of a dwelling to the full standard if the provisional notice specified works for improving the dwelling only to the reduced standard.
In an improvement notice which requires the improvement of a dwelling only to the reduced standard the authority may, if they think fit, substitute for the period of twelve months specified in subsection (1)(c) such shorter period as appears to them to be appropriate.
Within six weeks from the service of an improvement notice on the person having control of the dwelling— may appeal against the notice to the county court.
that person,
any occupying tenant of the dwelling, or
any other person having an estate or interest in the dwelling,
The grounds on which an appeal may be brought by any of those persons are—
that it is not practicable to comply with the requirements of the notice at reasonable expense;
that the local housing authority have refused unreasonably to approve the execution of alternative works, or that the works specified in the notice are otherwise unreasonable in character or extent;
that the dwelling is in a clearance area and it would be unreasonable for the authority to require the works specified in the notice to be carried out;
that the dwelling is not, or is no longer, without one or more of the standard amenities;
that, in a case where the notice requires the improvement of the dwelling to the full standard, the works specified in the notice are inadequate to secure that the dwelling will attain that standard;
that some person other than the appellant will, as the holder of an estate or interest in the dwelling (whether or not that estate or interest entitles him to occupation), derive a benefit from the execution of the works and ought to pay the whole or part of the cost of executing the works;
that the notice is invalid on the ground that a requirement of this Part has not been complied with or on the ground of some informality, defect or error in or in connection with the notice.
An appeal may also be brought—
by an owner-occupier on the ground that the local housing authority are in error in considering that the circumstances specified in section 210(2) (circumstances in which notice may be served in respect of owner-occupied dwelling) exist in relation to the dwelling;
by an occupying tenant on the ground that the condition in section 214(2)(d) or 215(2)(c) (housing arrangements) is not fulfilled.
An improvement notice shall not be varied on appeal— but, subject to that, on an appeal the court may make such order either confirming, quashing or varying the improvement notice as the court thinks fit.
so as to extend the period within which the works specified in the notice are to be carried out, or
so as to require the carrying out of works to improve a dwelling to the full standard if the works specified in the notice were works to improve the dwelling to the reduced standard, or
so as to require the carrying out of works to improve a dwelling to the reduced standard if the works specified in the notice were works to improve the dwelling to the full standard;
Where an appeal is brought on the ground specified in subsection (2)(f) (other person benefiting from execution of works), the court may make such order as it thinks fit with respect to the payment to be made by the other person referred to in that paragraph to the appellant or, where by virtue of section 220 the works are carried out by the local housing authority, to the authority.
In so far as an appeal is based on the ground that the improvement notice is invalid, the court shall confirm the notice unless satisfied that the interests of the appellant have been substantially prejudiced by the facts relied on by him.
If no appeal is brought an improvement notice becomes operative at the expiration of the period within which an appeal might have been brought.
If an appeal is brought, an improvement notice becomes operative, if and so far as it is confirmed by the county court on appeal or on appeal from the county court, on the final determination of the appeal.
For the purposes of subsection (2) the withdrawal of an appeal shall be deemed to be the final determination thereof, having the like effect as a decision confirming the notice or the decision appealed against .
An improvement notice is, subject to the right of appeal conferred by section 217, final and conclusive as to matters which could have been raised on such an appeal.
The local housing authority may, if they think fit, at any time withdraw an improvement notice by serving notice of the withdrawal on the person having control of the dwelling.
The authority shall serve a copy of any such notice on the occupier of the dwelling (if different from the person having control of it) and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.
If the works to be carried out in compliance with an improvement notice have not been carried out in whole or in part within the period for compliance, the local housing authority may themselves carry out so much of the works as has not been completed.
If before the expiry of the period for compliance the person who is for the time being the person having control of the dwelling notifies the local housing authority in writing that he does not intend, or is unable to do the works in question, the authority may, if they think fit, do the works before the expiry of that period.
If the local housing authority have reason to believe that the person who is for the time being the person having control of the dwelling does not intend or is unable to do the works in question in compliance with the notice—
they may before the expiry of the period for compliance, but not earlier than six months after the date on which the notice becomes operative, serve on him a notice requiring him to furnish them, within 21 days of the service of the notice, with evidence of his intentions with respect to the carrying out of the works, and
if, from evidence so furnished to them or otherwise, the authority are not satisfied that that person intends to carry out the works in compliance with the notice, they may, if they think fit, do the works before the expiry of the period for compliance.
Not less than 21 days before beginning to do the works the local housing authority shall serve notice of their intention on the occupier of the dwelling, the person having control of the dwelling and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.
in this section the “period for compliance” with an improvement notice is the period specified in the notice or such longer period as the local housing authority may by permission in writing have allowed.
The provisions of Schedule 10 apply with respect to the recovery by the local housing authority of expenses incurred by them under this section.
If a person, after receiving an improvement notice or a copy of an improvement notice— a magistrates' court may order him to permit to be done on the premises all things requisite for carrying into effect those provisions.
being the occupier of the premises, prevents the owner or person having control of the premises, or his officers, servants or agents, from carrying into effect with respect to the premises any of the provisions of this Part, or
being the occupier, owner or person having control of the premises, prevents an officer, servant or agent of the local housing authority from so doing,
A person who fails to comply with an order of the court under this section commits a summary offence and is liable on conviction to a fine not exceeding £20 in respect of each day during which the failure continues.
A person authorised by the local housing authority may at any reasonable time, on giving 24 hours' notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of survey and examination with a view to ascertaining whether the requirements of an improvement notice served, or undertaking accepted, under this Part has been complied with
An authorisation for the purposes of this section shall be in writing stating the particular purpose for which the entry is authorised.
It is a summary offence to obstruct a person authorised in pursuance of section 222 to enter premises in the performance of anything which he is required or authorised under that section to do.
A person who commits such an offence is liable on conviction to a fine not exceeding level 2 on the standard scale.
The person having control of any premises which consist of or include— has, as against the occupying tenant of the dwelling and any other person having an estate or interest in the premises, the right to enter the premises in order to carry out any survey or examination required with a view to providing the dwelling with any of the standard amenities and, where appropriate, of putting it in good repair (disregarding internal decorative repair) having regard to its age and character and the locality in which it is situated.
a dwelling in a general improvement area or housing action area which is without all or any of the standard amenities, or
a dwelling in respect of which representations have been made by an occupying tenant under section 212 (representations to local housing authority with view to exercise of compulsory improvement powers),
On and after the date on which an improvement notice becomes operative, the person having control of the dwelling has the right, as against any occupying tenant of the dwelling and any other person having an estate or interest in the premises which consist of or include the dwelling, to take any reasonable steps for the purpose of complying with the improvement notice.
A person bound by an undertaking accepted under this Part has the right as against any occupying tenant of the dwelling to take any reasonable steps for the purpose of complying with the undertaking.
The carrying out of works in pursuance of an improvement notice or an undertaking accepted under this part shall not give rise to any liability on the part of a lessee to reinstate any premises at any time in the condition in which they were before the works were carried out, or to any liability for failure so to reinstate the premises.
The local housing authority may by agreement with a person having control of a dwelling or any other person having an estate or interest in a dwelling execute at his expense any works which he is required to carry out in the dwelling in pursuance of an improvement notice served or undertaking accepted under this Part.
For that purpose the authority have all such rights as that person would have as against any occupying tenant of the dwelling and any other person having an interest in the dwelling.
Where under this Part a local housing authority are required to serve a copy of a notice on any person who, to their knowledge, is an owner, lessee or mortgagee of a dwelling, any person having an estate or interest in the dwelling who is not served with a copy of the notice is entitled, on application in writing to the authority, to obtain a copy of the notice.
Where a local housing authority have served an improvement notice, the person having control of the dwelling may, by notice in writing served on the the authority at any time within the period of six months beginning with the date on which the improvement notice becomes operative, require the authority to purchase his interest in the dwelling in accordance with this section.
Where the person having control of a dwelling serves a notice on the authority under subsection (1), the authority shall be deemed— and the power conferred by section 31 of the Land Compensation Act 1961 to withdraw a notice to treat is not exercisable in the case of a notice to treat deemed to have been so served.
to be authorised under and for the purposes of Part II (provision of housing) to acquire his interest in the dwelling compulsorily, and
to have served a notice to treat in respect of that interest on the date of the service of the notice under subsection (1);
Within 21 days of the receipt of a notice under subsection (1) served by the person having control of a dwelling, the local housing authority shall notify every other person who, to their knowledge, is an owner, lessee or mortgagee of the dwelling or who is the occupier of it.
If a person who is liable— applies to the local housing authority for a loan, the authority shall, subject to the following provisions of this section, offer to enter into a contract with him for a loan by them to be secured by a mortgage of his interest in the dwelling concerned.
to incur expenditure in complying with an improvement notice served, or undertaking accepted, under this Part, or
to make a payment as directed by a court under section 217(5) (contribution from third party deriving benefit from execution of works),
The application shall be made in writing within the period of three months beginning with the date on which the improvement notice becomes operative or the undertaking is accepted or the payment is to be made as directed by the court, or such longer period as the authority by permission given in writing may allow.
The authority shall not make an offer unless they are satisfied that the applicant can reasonably be expected to meet the obligations assumed by him in pursuance of this section in respect of the loan; and if the authority are not so satisfied as regards a loan of the amount applied for, they may, if they think fit, offer a loan of a smaller amount as regards which they are so satisfied.
The authority shall not make an offer unless they are satisfied—
that the applicant’s interest in the dwelling concerned is an estate in fee simple absolute in possession or an estate for a term of years which will not expire before the date for final repayment of the loan, and
that, according to a valuation made on their behalf, the amount of the principal of the loan does not exceed the value which it is estimated that the mortgaged security will bear after improvement of the dwelling to the full standard or, as the case may be, to the reduced standard.
The contract shall contain a condition to the effect that if— the authority shall not be required to lend more than the amount of the expenditure or payment remaining after deducting the grant or, as the case may be, that part of the grant which in the opinion of the authority is attributable to that expenditure or payment.
an improvement grant or intermediate grant become payable in respect of the expenditure in question, or
such a grant becomes payable partly in respect of that expenditure and partly in respect of other expenditure or another payment,
The contract offered by the authority shall require proof of title and contain such other reasonable terms as the authority may specify in their offer, and in particular may provide for the advance to be made by instalments as the works progress.
The rate of interest payable on the loan shall be such as the Secretary of State may direct, either generally or in any particular case; and the Secretary of State may, if he thinks fit, give directions, either generally or in any particular case, as to the time within which a loan under this section, or any part of such a loan, is to be repaid.
Where the person having control of a dwelling has completed in respect of the dwelling works required to be executed by an improvement notice, he may apply to the local housing authority for a charging order.
An applicant for a charging order shall produce to the authority—
the certificate of the proper officer of the authority that the works have been executed to his satisfaction, and
the accounts of and vouchers for the expenses of the works.
The authority, when satisfied that the applicant has duly executed the required works and of the amount of the expenses, shall make an order accordingly charging on the premises an annuity to repay that amount together with the amount of the costs properly incurred in obtaining the charging order.
The annuity charged shall be at the rate of £6 for every £100 of the aggregate amount charged, shall commence from the date of the order and shall be payable for a term of 30 years to the person named in the order, his executors, administrators or assigns.
A person aggrieved by a charging order may, within 21 days after notice of the order has been served on him, appeal to the county courtX; and where notice of such an appeal has been given no proceedings shall be taken under the order until the appeal is determined or ceases to be prosecuted.
The proper officer of the local housing authority shall file and record copies, certified by him to be true copies, of any charging order made under this section, the certificate given under subsection (2)(a) and the accounts as passed by the authority.
A charging order under section 229 shall be in such form as the Secretary of State may prescribe.
The charge created by such a charging order shall be a charge on the premises specified in the order having priority over all existing and future estates, interests and incumbrances, with the exception of—
charges under section 200 (charge in favour of person executing works required by repair notice),
tithe rentcharge,
charges within section 1(1)(a) of the Local Land Charges Act 1975 (statutory charges in favour of public authorities), and
charges created under any Act authorising advances of public money.
Charges under section 229 and section 200 (the corresponding provision in relation to repair notices) take order as between themselves according to their respective dates.
The annuity created by a charging order may be recovered by the person for the time being entitled to it by the same means and in the like manner in all respects as if it were a rentcharge granted by deed out of the premises by the owner of the premises.
The benefit of the charge may be from time to time transferred in like manner as a mortgage or rentcharge may be transferred, and the transfer shall be in such form as the Secretary of State may prescribe.
An owner of, or other person interested in, premises on which an annuity has been charged by a charging order under section 229 may at any time redeem the annuity on payment to the person entitled to the annuity of such sum as may be agreed upon, or in default of agreement determined by the Secretary of State.
Section 9 of the Agricultural Holdings Act 1948 (increase of rent for improvements carried out by landlord) applies to improvements carried out in compliance with an improvement notice or an undertaking accepted under this Part as it applies to improvements carried out at the request of the tenant; but where a tenant has contributed to the cost incurred by his landlord in carrying out the improvement, the increase in rent provided for by that section shall be reduced proportionately.
Works carried out in compliance with an improvement notice or an undertaking accepted under this Part shall be included among the improvements specified in paragraph 8 of Schedule 3 to the Agricultural Holdings Act 1948 (tenant’s right to compensation for erection, alteration or enlargement of buildings); but subject to the power conferred by section 78 of that Act to amend that Schedule.
Section 49 of the Agricultural Holdings Act 1948 (tenant’s right to compensation conditional on landlord consenting to the carrying out of the improvements) does not apply to works carried out in compliance with an improvement notice or an undertaking accepted under this Part.
Where a person other than the tenant claiming compensation has contributed to the cost of carrying out works in compliance with an improvement notice or an undertaking accepted under this Part, compensation in respect of the works, as assessed under section 48 of the Agricultural Holdings Act 1948, shall be reduced proportionately.
No provisional notice or improvement notice may be served in respect of a dwelling in which there is a Crown or Duchy interest except with the consent of the appropriate authority; but if that consent is given this Part applies as to a dwelling in which there is no such interest.
No provisional notice or improvement notice may be served in respect of a dwelling if the person having control of the dwelling is— a local authority, a new town corporation, the Development Board for Rural Wales, the Housing Corporation, a registered housing association, or a housing trust which is a charity.
If after a provisional notice or improvement notice has been served in respect of a dwelling— the notice, and any undertaking accepted under this Part with respect to the dwelling, shall cease to have effect.
in the case of a dwelling in which there is a Crown or Duchy interest, the appropriate authority becomes the person having control of the dwelling, or
any such body as is mentioned in subsection (2) becomes the person having control of the dwelling,
Where an improvement notice ceases to have effect by virtue of subsection (3), the body which or person who has become the person having control of the dwelling shall notify the officer who registered the notice in the register of local land charges and furnish him with all information required by him for the purpose of cancelling the registration.
In this section “Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, and “the appropriate authority” means— and if any question arises as to what authority is the appropriate authority in relation to any land, the question shall be referred to the Treasury whose decision shall be final.
in relation to land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;
in relation to land belonging to Her Majesty in right of the Crown and not forming part of the Crown Estate, the government department having the management of the land;
in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;
in relation to land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints,
in relation to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department;
In this section “local authority” includes— a parish or community council, the trustees of the Honourable Society of the Inner Temple, the trustees of the Honourable Society of the Middle Temple, and the police authority for any police area, and any joint board or joint committee all the constituent members of which are local authorities for the purposes of this section.
If, after an undertaking has been accepted under this Part in respect of a dwelling or an improvement notice has been served in respect of a dwelling under section 214 (dwelling in general improvement area or housing action area)— the provisions of this Part continue to apply in relation to the undertaking or notice as if the dwelling continued to be in a general improvement area or housing action area declared by the authority by whom the undertaking was accepted or the notice served.
the general improvement area or housing action area in which the dwelling is situated ceases to be such an area, or
the land on which the dwelling is situated is excluded from such an area,
For the purposes of this Part a dwelling shall be taken to attain the full standard if the following conditions are met—
it is provided with all the standard amenities for the exclusive use of its occupants;
it is in reasonable repair (disregarding the state of internal decorative repair) having regard to its age and character and the locality in which it is situated;
it conforms with such requirements with respect to thermal insulation as may be specified by the Secretary of State for the purposes of this section;
it is in all other respects fit for human habitation;
it is likely to be available for use as a dwelling for a period of 15 years or such other period as may be specified by the Secretary of State for the purposes of this section.
The local housing authority may (subject to subsection (3)) dispense wholly or in part with any of the conditions in subsection (1), and a dwelling shall be taken to attain the reduced standard if those conditions are met so far as not dispensed with.
The authority shall not dispense with the condition specified in subsection (1)(a) (standard amenities) where they are satisfied that the dwelling is, or forms part of, a house or building in respect of which they could by notice under section 352 (houses in multiple occupation: power to require execution of works to render premises fit for number of occupants) require the execution of such works as are referred to in that section.
In this Part “housing arrangements” means arrangements—
making provision for the housing of an occupying tenant of a dwelling and his household during the period when improvement works are being carried out, or after the completion of the works, or during that period and after completion of the works (and for any incidental or ancillary matters), and
contained in a written agreement to which the occupying tenant and either his landlord or the local housing authority, or both, are parties.
References in this Part to the person having control of a dwelling shall be construed as follows—
if the dwelling is owner-occupied, the person having control of it is the owner-occupier;
if there is an occupying tenant of the dwelling who is a person employed in agriculture (as defined in section 17(1) of the Agricultural Wages Act 1948) and who occupies or resides in the dwelling as part of the terms of his employment, the person having control of the dwelling is the employer or other person by whose authority the occuping tenant occupies or resides in the dwelling;
in any other case, the person having control of the dwelling is the person who is either the owner of it or the lessee of it under a long tenancy and whose interest in the dwelling is not in reversion on that of another person who has a long tenancy.
In this Part “occupying tenant”, in relation to a dwelling, means a person (other than an owner-occupier) who—
occupies or is entitled to occupy the dwelling as a lessee; or
is a statutory tenant of the dwelling; or
occupies the dwelling as a residence under a restricted contract; or
is employed in agriculture (as defined in section 17(1) of the Agricultural Wages Act 1948) and occupies or resides in the dwelling as part of his terms of employment.
In this Part—
“ a review notice ” has the meaning given by subsection (2);
the tenancy vested in the tenant by virtue of section 89 (succession to periodic tenancy), the tenant being qualified to succeed by virtue of section 87(b) (members of family other than spouse), and
money carried to the account, or
notice of the proceedings for possession was served under section 83 more than six months but less than twelve months after the date of the previous tenant’s death.
borrowed money in respect of which the authority are required by Part II of this Schedule to debit loan charges to the account.
“improvement” includes alteration and enlargement and, so far as also necessary to enable a dwelling to reach the full standard or the reduced standard, repair, and “improved” shall be construed accordingly;
“compulsory purchase value”, in relation to an owner’s interest in premises, means the compensation which would be payable in respect of the compulsory purchase of that interest if it fell to be assessed in accordance with the Land Compensation Act 1961;
is for the time being entitled to receive from a lessee of the dwelling (or would be so entitled if the dwelling were let) a rent of not less than two-thirds of the net annual value of the dwelling; and
is not himself liable as lessee of the dwelling, or of property which includes the dwelling, to pay such a rent to a superior landlord.
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in ths same section or paragraph):— charity section 622 clearance area section 289(1) dwelling section 237 full standard section 234(1) general conditions for service of improvement notice section 209 general improvement area section 253 housing action area section 239 housing arrangements section 235 housing association section 5(1) housing trust section 6 improvement (and improved) section 237 improvement notice section 216 lessee section 621 local authority section 4(e) local housing authority sections 1, 2(2) long tenancy section 237 new town corporation section (4)(b) occupying tenant section 236(2) owner section 237 owner-occupier (and owner-occupied) section 237 person having control section 236(1) provisional notice section 213 reduced standard section 234 registered (in relation to a housing association) section 5(4) restricted contract section 622 standard amenities sections 237 and 508 standard scale (in reference to the maximum fine on summary conviction) section 622 statutory tenant section 622
Where a report with respect to an area within their district consisting primarily of housing accommodation is submitted to the local housing authority by a person appearing to the authority to be suitably qualified (who may be an officer of the authority), and the authority, upon consideration of the report and of any other information in their possession, are satisfied, having regard to— that the requirement mentioned in subsection (2) is fulfilled with respect to the area, they may cause the area to be defined on a map and by resolution declare it to be a housing action area.
the physical state of the housing accommodation in the area as a whole, and
social conditions in the area,
The requirement is that the living conditions in the area are unsatisfactory and can most effectively be dealt with within a period of five years so as to secure— by declaring the area to be a housing action area.
the improvement of the housing accommodation in the area as a whole,
the well-being of the persons for the time being resident in the area, and
the proper and effective management and use of that accommodation,
In considering whether to take action under this section the local housing authority shall have regard to such guidance as may from time to time be given by the Secretary of State, either generally or with respect to a particular authority or description of authority or in any particular case, with regard to the identification of areas suitable to be declared housing action areas.
An area which is declared to be a housing action area shall be such an area for the period of five years . . . , subject to—
section 241(2)(a) (power of Secretary of State to overrule declaration),
section 250(1)(b) (power of local housing authority to terminate housing action area), and
section 251 (extension of duration of housing action area).
A resolution declaring an area to be a housing action area is a local land charge.
As soon as may be after . . . declaring an area to be a housing action area the local housing authority shall take the following steps.
They shall publish in two more more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) a notice of the resolution—
identifying the area, and
naming a place where a copy of the resolution, a map on which the area is defined and of the report referred to in section 239 may be inspected at all reasonable times.
They shall take such further steps as appear to them best designed to secure—
that the resolution and the obligations imposed by section 247 (duty to notify local housing authority of changes of ownership or occupation of land) are brought to the attention of persons residing or owning property in the area, and
that those persons are informed of the name and address of the person to whom should be addressed inquiries and representations concerning action to be taken with respect to the area or concerning the obligations imposed by that section.
They shall send to the Secretary of State—
a copy of the resolution, the map and a copy of the report mentioned in section 239(1),
a statement of the numbers of dwellings, houses in multiple occupation and hostels in the area, and
a statement, containing such information as the Secretary of State may for the time being require, either generally or with respect to a particular authority or description of authority or in any particular case, showing the basis on which the authority satisfied themselves, having regard to the matters mentioned in section 239(1) and any relevant guidance under section 239(3), that the area was suitable to be a housing action area.
They shall also send to the Secretary of State a statement of their proposals, whether general or specific, for the participation of private registered providers of social housing or (as the case may be) registered social landlords in dealing with living conditions in the area.
When a local housing authority have declared an area to be a housing action area and have sent to the Secretary of State the documents referred to in section 240(4), he shall send them a written acknowledgement of the recipt of those documents.
If it appears to the Secretary of State appropriate to do so, he may, at any time within the period of 28 days beginning with the day on which he sent the acknowledgement, notify the authority— or notify them that he requires more time to consider their declaration of the area as a housing action area.
that the area declared by them to be a housing action area is no longer to be such an area, or
that land defined on a map accompanying the notification is to be excluded from the area,
Where the Secretary of State notifies an authority that he requires more time, he may direct the authority to send him such further information and documents as are specifed in the direction; and on completion of his consideration of the matter, he shall either—
notify the authority as mentioned in subsection (2)(a) or (b), or
notify them that he proposes to take no further action with respect to their declaration.
Where the Secretary of State notifies the authority as mentioned in subsection (2)(a) or (b) (whether under that subsection or under subsection (3)), the area concerned shall cease to be a housing action area or, as the case may be, the land concerned shall be excluded from the housing action area, with effect from the date on which the authority is so notified.
The authority shall, as soon as may be after the receipt of the notification, publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) a notice— and take such further steps as may appear to them best designed to secure that the effect of the notification is brought to the attention of persons residing or owning property in the area declared by them to be a housing action area.
stating the effect of the Secretary of State’s notification, and
naming a place where a copy of the notification and, in the case of a notification excluding land from the area, a copy of the amended map of the housing action area, may be inspected at all reasonable times,
If a local housing authority propose to declare as a housing action area an area which consists of or includes land which is comprised in a general improvement area, they shall indicate on the map referred to in section 239(1) the land which is so comprised.
With effect from the date on which the area is declared to be a housing action area, the land so indicated shall be deemed to have been excluded from the general improvement area or, as the case may be, to have ceased to be such an area by virtue of a resolution under section 258 passed on that date, but subject to the following provisions.
If the Secretary of State notifies the local housing authority in accordance with section 241 that the area declared by them to be a housing action area is no longer to be such an area, subsection (2) shall be treated as never having applied in relation to land in that area.
If the Secretary of State notifies the local housing authority in accordance with section 241 that any land within the area declared by the authority to be a housing action area is to be excluded from the housing action area, subsection (2) shall be treated as never having applied in relation to land so excluded.
Where a local housing authority have declared an area to be a housing action area, they may, for the purpose of securing or assisting in securing all or any of the objectives specified in section 239(2)(a) to (c) exercise the following powers.
They may acquire by agreement, or be authorised by the Secretary of State to acquire compulsorily, land in the area on which there are premises consisting of or including housing accommodation.
They may undertake on land so acquired all or any of the following activities—
the provision of housing accommodation (by the construction, conversion or improvement of buildings, or otherwise);
the carrying out of works for the improvement or repair of housing accommodation (including works to the exterior, or on land within the curtilage, of buildings containing housing accommodation);
the management of housing accommodation;
the provision of furniture, fittings or services in or in relation to housing accommodation.
If after— the housing action area concerned ceases to be such an area or the land is excluded from the area, the provisions of that subsection continue to apply as if the land continued to be in a housing action area.
the authority have entered into a contract for the acquisition of land under subsection (2), or
a compulsory purchase order authorising the acquisition of land under that subsection has been confirmed,
For the purpose of improving the amenities in a housing action area, the local housing authority may—
carry out environmental works on land belonging to them, and
give assistance towards the carrying out of environmental works by others.
Assistance under subsection (1)(b) may be given to any person having an interest in the land in question and may consist of all or any of the following—
a grant in respect of expenditure which appears to the authority to have been properly incurred in carrying out the works;
the provision of materials for the carrying out of the works;
the execution of the works, by agreement with the person concerned, either at his expense or at the authority’s expense or partly at his expense and partly at the authority’s expense.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the assistance takes the form of a grant, it may be paid— but where part is paid by instalments the aggregate amount of the instalments paid at any time whilst the works are in progress shall not exceed one-half of the cost of the works executed up to that time.
after completion of the works, or
in part by instalments as the works progress and the balance after completion of the works;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section “environmental works” means any works other than works to the interior of housing accommodation.
The Secretary of State may pay contributions to a local housing authority towards such expenditure incurred by them under section 244 (environmental works) as he may determine.
In the case of any expenditure, the contribution—
shall be equal to one-half of the amount of the expenditure; and
shall be payable in one sum or by two or more instalments, according as the Secretary of State may determine.
The aggregate of the expenditure towards which such contributions may be made with respect to a housing action area shall not exceed the sum arrived at by multiplying— but two adjoining housing action areas may for this purpose be treated as one.
£600, by
the number of dwellings, houses in multiple occupation and hostels stated by the local housing authority under section 240(4)(b) to be in the areaX;
The Secretary of State may, with the consent of the Treasury—
by order substitute in subsections (2) and (3) another fraction for one-half and another amount for £400
direct that those subsections shall have effect, in the case of a housing action area specified in the direction or of a description so specified, with the substitution of a higher fraction or a greater amount than that for the time being specified in the subsection.
An order under subsection (4)(a)—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.
Where a local housing authority have declared an area to be a housing action area, they shall bring to the attention of persons residing or owning property in the area— by publishing from time to time, in such manner as appears to them appropriate, such information as is in their opinion best designed to further the purpose for which the area was declared a housing action area.
the action they propose to take in relation to the housing action area, and
the assistance available for the improvement of the housing accommodation in the area,
This section—
applies to land in a housing action area which consists of or includes housing accommodation, and
comes into operation in relation to a housing action area at the end of the period of four weeks beginning with the date on which the housing action area is declared.
Where notice to quit is served in respect of land to which this section applies on a tenant who occupies as a dwelling the whole or part of the land, the landlord by whom, or on whose behalf, the notice was served shall, within the period of seven days beginning with the date on which the notice was served, notify the local housing authority that the notice has been served.
Where a tenancy of land to which this section applies is about to expire by effluxion of time, the person who is the landlord under the tenancy shall, not less than four weeks before the tenancy does so expire, notify the local housing authority that the tenancy is about to expire.
A person who carries out a disposal of land to which this section applies, other than a disposal excepted by subsection (5), shall notify the local housing authority, not less than four weeks or more than six months before the date of the disposal, that the disposal is about to take place.
Subsection (4) does not apply to—
a disposal by a person who, throughout the period of six months ending on the date of the disposal has been continuously in exclusive occupation (with or without members of his household) of the land to which the disposal relates;
a disposal to which the local housing authority are a party;
the grant of a protected tenancy or protected occupancy or the entering into of a restricted contract;
the grant or assignment of a lease (of land or an interest in land) for a term which expires within the period of five years and three months beginning on the date of the grant of the lease, where neither the lease nor any other instrument or contract confers on the lessor or the lessee an option (however expressed) to renew or extend the term so that the new or extended term would continue beyond the end of that period;
the grant of an assured tenancy or assured agricultural occupancy, or of a tenancy which is not such a tenancy or occupancy by reason only of paragraph 10 of Schedule 1 to the Housing Act 1988 (resident landlords) or of that paragraph and the fact that the accommodation which is let is not let as a separate dwelling
the grant of an estate or interest by way of security for a loan;
the grant of an occupation contract, or of a tenancy or licence which is not an occupation contract by reason only of the shared accommodation exception in paragraph 6 of Part 2 of Schedule 2 to the Renting Homes (Wales) Act 2016 (anaw 1) applying and the notice condition in paragraph 3(3) of Part 2 of that Schedule not being met;
a conveyance of an estate or interest which gives effect to a contract to convey that estate or interest which was duly notified to the local housing authority in accordance with subsection (4).
When the local housing authority receive notification from a person under this section with respect to any land they shall—
send him, as soon as practicable, written acknowledgement of the receipt of the notification, stating the date on which it was received, and
inform him, within the period of four weeks beginning with that date, of what action, if any, they propose to take with respect to that land as a result of the notification.
In this section, “occupation contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 of that Act).
A notification under section 247 shall be in writing and contain the information required by this section.
Every notification shall contain—
the name and address of the person by whom it is given,
the address of, and any further information necessary to identify, the land to which it relates, and
the estate or interest in that land which the person by whom it is given has at the time it is given.
The reference in subsection (2)(a) to a person’s address is to his place of abode or place of business or, in the case of a company, to its registered office.
To the extent that it is capable of being given by reference to a plan accompanying the notification, the information required by subsection (2)(b) may be so given.
A notification required by section 247(2) or (3) (notice to quit or impending expiry of tenancy) shall specify— and in the case of a notification required by section 247(2) the landlord may also, if he considers it appropriate, give his reason for serving notice to quit.
whether the tenancy concerned is periodic or for a term certain,
the length of the period or term, and
the date on which the tenancy will come to an end (by virtue of the service of the notice to quit or by effluxion of time);
A notification required by section 247(4) (disposal of land) shall specify—
whether at the time the notification is given the person giving it intends to retain an estate or interest in the land, and
if he does, the nature of that estate or interest and the land in which he intends that it should subsist.
A person who— commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale.
fails without reasonable excuse to comply with an obligation imposed on him by section 247(2) or (3), or
without reasonable excuse carries out a disposal of land without having complied with the obligation imposed on him by section 247(4), or
in purporting to comply with an obligation imposed on him by section 247 knowingly or recklessly furnishes a notification which is false in a material particular, or
knowingly or recklessly omits from any such notification any information required to be contained in it by virtue of any provision of section 248,
The commission by a person of an offence under subsection (1) does not affect—
in the case of a notification required by section 247(2) or (3) (notice to quit or expiry of tenancy), the date on which the tenancy expires;
in the case of a notification required by section 247(4) (disposal of land), the validity of the disposal.
The local housing authority may by resolution— and as soon as may be after passing such a resolution the authority shall take the following steps.
exclude land from a housing action area, or
declare that an area shall cease to be a housing action area . . . ;
They shall send a copy of the resolution to the Secretary of State.
They shall publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) a notice of the resolution—
in the case of a resolution excluding land from a housing action area, identifying the housing action area concerned and the land excluded from it.
in the case of a resolution declaring that an area is no longer to be a housing action area, naming a place at which a copy of the resolution may be inspected at all reasonable times.
They shall take such further steps as may appear to the authority best designed to secure that the resolution is brought to the attention of persons residing or owning property in the housing action area.
The local housing authority may by resolution extend the duration of a housing action area by a period of two years, and may do so more than once.
Written notification of the passing of the resolution must be given by the authority to the Secretary of State at least three months before the date on which the housing action area would otherwise cease to exist.
On recipt of a notification under subsection (2) the Secretary of State shall send a written acknowledgement to the authority.
If it appears to the Secretary of State appropriate to do so, he may, at any time within the period of 28 days beginning with the day on which he sent the acknowledgement, notify the authority—
that the duration of the housing action area is not to be extended in accordance with their resolution, or
that he requires more time to consider their extension of the duration of the housing action area.
Where the Secretary of State notifies an authority that he requires more time, he shall on completion of his consideration of the matter notify the authority—
that the duration of the housing action area is not to be extended in accordance with their resolution,
where the extension has already begun to run, that the area is to cease to be a housing action area on such date as may be specified in the notification, or
that he proposes to take no further action with respect to their resolution.
As soon as may be after passing a resolution or receiving a notification from the Secretary of State under this Section (other than a notification that he proposes to take no further action), the local housing authority shall—
publish in two or more newspapers circulating in the locality (of which at least one shall,if practicable, be a local newspaper) a notice of the resolution or, as the case may be stating the effect of the notification, naming a place where a copy of the resolution or notification may be inspected at all reasonable times, and
take such further steps as appear to the authority best designed to secure that the resolution or notification is brought to the attention of persons residing or owning property in the housing action areas concerned.
In the provisions of this Part relating to housing action areas—
“housing accommodation” means dwellings, houses in multiple occupation and hostels;
“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 or usually enjoyed with that building or part; and
“house in multiple occupation” means a house in multiple occupation as defined by sections 254 to 259 of the Housing Act 2004, as they have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act), but does not include any part of such a house which is occupied as a separate dwelling by persons who form a single household.
Where a report with respect to a predominantly residential area within their district is submitted to the local housing authority by a person appearing to the authority to be suitably qualified (who may be an officer of the authority), and it appears to the authority, upon consideration of the report and of any other information in their possession— the authority may cause the area to be defined on a map and by resolution declare it to be a general improvement area.
that living conditions in the area can most appropriately be improved by the improvement of the amenities of the area or of dwellings in the area, or both, and
that such an improvement may be effected or assisted by the exercise of their powers under the provisions of this Part relating to general improvement areas,
A general improvement area may not be defined so as to include, but may be defined so as to surround, land which is comprised in a housing action area.
A general improvement area may not (unless the land has been cleared of buildings) be so defined as to include, but may be so defined as to surround— and where the Secretary of State on confirming a compulsory purchase order under Schedule 22 (acquisition of land for clearance) modifies the order by excluding from a clearance area land adjoining a general improvement area, the land shall, unless the Secretary of State otherwise directs, be taken to be included in the general improvement area.
land comprised in a clearance area,
land purchased by the local housing authority under section 290(2) (land surrounded by or adjoining clearance area), or
land included in a clearance area under section 293(1) (local housing authority’s own property);
As soon as may be after passing a resolution declaring an area to be a general improvement area the local housing authority shall take the following steps.
They shall publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) a notice of the resolution—
identifying the area, and
naming the place where a copy of the resolution, of the map on which the area is defined and of the report mentioned in section 253(1) may be inspected at all reasonable times.
They shall take such further steps as appear to them best designed to secure—
that the resolution is brought to the attention of persons residing or owning property in the area, and
that those persons are informed of the name and address of the person to whom enquiries and representations should be addressed concerning action to be taken in the exercise of the authority’s powers under the provisions of this Part relating to general improvement areas.
They shall send to the Secretary of State a copy of the resolution, of the report and of the map and a statement of the number of dwellings in the area.
Where a local housing authority have declared an area to be a general improvement area, they may, for the purpose of effecting or assisting the improvement of the amenities of the area, or of the dwellings in the area, or both— and may be authorised by the Secretary of State to acquire compulsorily land within the general improvement area or adjoining it.
carry out works on land owned by them and assist (by grants, loans or otherwise) in the carrying out of works on land not owned by them,
acquire any land by agreement, and
let or otherwise dispose of land for the time being owned by them;
The authority may not under this section—
improve a dwelling which has not been acquired or provided by them in pursuance of this section, . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A local housing authority who have declared a general improvement area may exercise the powers of a local planning authority under sections 249 and 250 of the Town and Country Planning Act 1990 (extinguishment of right to use vehicles on certain highways) with respect to a highway in that area notwithstanding that they are not the local planning authority, but subject to the following provisions.
The local housing authority shall not make an application under subsection (2) or (6) of section 249 (application to Secretary of State to make or revoke order extinguishing right to use vehicles) except with the consent of the local planning authority.
If the local housing authority are not also the highway authority, any such application made by them shall in the first place be sent to the highway authority who shall transmit it to the Secretary of State.
Where an order under subsection (2) of section 249 (order extinguishing right to use vehicles) has been made on an application made by a local housing authority by virtue of this section—
any compensation under subsection (1) of section 250 (compensation for loss of access to highway) is payable by them instead of by the local planning authority, and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a local housing authority have passed a resolution declaring an area to be a general improvement area, they shall bring to the attention of persons residing in the area or owning property in it— by publishing from time to time, in such manner as appears to them appropriate, such information as is in their opinion best designed to further the objects of those provisions.
the action they propose to take in the exercise of their powers under the provisions of this Part relating to general improvement areas, and
the assistance which is or will be available for the improvement of the amenities of the area or of the dwellings in the area,
The local housing authority may by resolution—
exclude land from a general improvement area, or
declare that an area shall cease to be a general improvement area.
The resolution does not affect the continued operation of the provisions of this Part relating to general improvement areas, or any other provision so relating, in relation to works begun before the date on which the exclusion or cessation takes effect; but the resolution does apply with respect to works which have not been begun before that date, notwithstanding that expenditure in respect of the works has been approved before that date.
The Secretary of State may pay contributions to a local housing authority towards such expenditure incurred by them under the provisions of this Part relating to general improvement areas as he may determine.
In the case of any expenditure, the contribution—
shall be equal to one-half of the amount of the expenditure; and
shall be payable in one sum or by two or more instalments, according as the Secretary of State may determine.
The aggregate of the expenditure towards which such contributions may be made with respect to a general improvement area shall not exceed the sum arrived at by multiplying— but two adjoining general improvement areas may for this purpose be treated as one.
£600, by
the number of dwellings stated by the local housing authority under section 254(4) to be in the areaX;
The Secretary of State may, with the consent of the Treasury—
by order substitute in subsections (2) and (3) another fraction for one-half and another amount for £400;
direct that those subsections shall have effect, in the case of a general improvement area specified in the direction or of a description so specified, with the substitution of a higher fraction or a greater amount than that for the time being specified in the subsection.
An order under subsection (4)(a)—
may make different provision for different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.
For the purposes of this section—
the cost of acquiring an estate or interest in a case where periodical payments fall to be made in connection with the acquisition shall be taken to include such sum as the Secretary of State may determine to be the capital equivalent of those payments; and
the cost of works shall be taken to include the cost of the employment in connection with the works of an architect, engineer, surveyor, land-agent or other person in an advisory or supervisory capacity.
In the case of contributions payable in respect of— subsection (2)(b) above has effect with the substitution of “75 per cent.” for “one-half”.
works to which the Housing Act 1971 applied (works in certain areas completed before 23rd June 1974), or
expenditure on providing land treated as expenditure on such works by virtue of section 2(4) of that Act,
A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving 24 hours’ notice of his intention to the occupier, and to the owner if the owner is known, enter premises—
for the purposes of survey and examination where is appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised; or
for the purpose of survey or valuation where the authority are authorised by this Part to purchase the premises compulsorily.
An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised.
A resolution of a local housing authority passed after the commencement of this section— has effect, subject to subsection (2), from the day on which the resolution is passed.
declaring an area to be a housing action area, excluding land from a housing action area or declaring that an area shall cease to be a housing action area, or
declaring an area to be a general improvement area, excluding land from a general improvement area or declaring that an area shall cease to be a general improvement area,
A resolution declaring an area to be a general improvement area may be expressed to have effect from a future date, not later than four weeks after the passing of the resolution, on which the whole or part of that area will cease to be, or be included in, a housing action area.
It is a summary offence to obstruct an officer of the local housing authority, or of the Secretary of State, or a person authorised to enter premises in pursuance of this Part, in the performance of anything which that officer, authority or person is by this Part required or authorised to do.
A person who commits such an offence is liable on conviction to a fine not exceeding level 2 on the standard scale.
Where before the commencement of section 259A a local housing authority passed a resolution of any of the descriptions mentioned in the section expressed to have effect from a date after that on which it was passed—
anything done before the commencement of this section in reliance on the view that the resolution was invalid shall have effect as if the resolution had not been passed, but
Where the resolution declared a housing action area or general improvement area and, before the commencement of this section, the local housing authority passed a further resolution making the like declaration in relation to the whole or part of the area to which the first resolution then related—
both resolutions are effective, notwithstanding that they relate in whole or in part to the same area;
the area covered by both resolutions is a housing action area or general improvement area by virtue of the joint effect of the two resolutions, and in the case of a housing action area shall continue to be such an area (subject to the provisions of this Part) until the end of the period of five years beginning with the date on which the second resolution was passed;
it is immaterial whether steps taken before the commencement of this section were taken in reliance on the first resolution or the second, but steps taken in reliance on the first shall not be proceeded with to the extent that they have been superseded by, or are inconsistent with, steps taken in reliance on the second; and
the areas declared by the two resolutions may be treated as one for the purposes of section 245(3) or 259(3) (limit on aggregate expenditure qualifying for contributions by Secretary of State).
The provisions of subsection (3) do not affect the powers of the Secretary of State under section 241(2)(a) and (b) (power to overrule declaration of housing action area or exclude land from area) and, so far as they relate to the duration of a housing action area, have effect subject to section 241(4) (effect of Secretary of State’s decision in such a case).
In this Part—
“common parts”, in relation to a dwelling-house let under a tenancy, means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses let by the landlord;
the dwelling-house was let to the tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of the landlord or of—
The following, namely— shall rank in priority to that charge if, and only if, the landlord by written notice served on the institution concerned gives its consent; and the landlord shall so give its consent if the purpose of the advance or further advance is an approved purpose.
any advance which is made otherwise than for the purpose mentioned in paragraph (a) or (b) of subsection (2) and is secured by a legal charge having priority to the charge taking effect by virtue of this section, and
any further advance which is so secured,
The landlord may at any time by written notice served on an approved lending institution postpone the charge taking effect by virtue of this section to any advance or further advance which— and the landlord shall serve such a notice if the purpose of the advance or further advance is an approved purpose.
is made to the tenant by that institution, and
is secured by a legal charge not having priority to that charge;
The covenant required by section 155 (covenant for repayment of discount) does not, by virtue of its binding successors in title of the tenant, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of this section, or a person deriving title under him; and a provision of the conveyance or grant, or of a collateral agreement is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with that covenant.
In subsection (4) “the Relevant Authority” does not include the Regulator of Social Housing but does include the Homes and Communities Agency.
In subsection (4) “the Relevant Authority” also includes the Greater London Authority.
means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or reversion, and
includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years.
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):— assured agricultural occupancy section 622 assured tenancy section 622 clearance area section 289 disposal (of land) section 262 district (of a local housing authority) section 2(1) dwelling (in provisions relating to housing action areas) section 252 general improvement area section 253 hostel section 622 house in multiple occupation section 252 housing accommodation section 252 housing action area section 239 lease, lessee and lessor section 621 local housing authority section 1, 2(2) owner (of premises) section 262 protected occupancy section 622 protected tenancy section 622 restricted contact section 622 standard scale (in reference to the maximum fine on summary conviction) section 622 tenancy and tenant section 621
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the local housing authority are satisfied that a house is unfit for human habitation and not capable of being rendered so fit at reasonable expense, they shall serve on— notice of a time (at least 21 days after the service of the notice) and place at which the condition of the house and any offer which he may wish to submit with respect to the carrying out of works, or the future user of the premises, will be considered by the authority.
the person having control of the house,
any other person who is an owner of the house, and
every mortgagee of the house whom it is reasonably practicable to ascertain,
Every person on whom such a notice is served is entitled to be heard when the matter is so taken into consideration.
A person on whom such a notice is served shall, if he intends to submit an offer with respect to the carrying out of works—
within 21 days from the date of the service of the notice on him, serve on the authority notice in writing of his intention to make such an offer, and
within such reasonable period as the authority may allow, submit to them a list of the works which he offers to carry out.
The local housing authority may, if after consultation with an owner or mortgagee of the house they think fit to do so, accept an undertaking from him, either—
that he will within a specified period carry out such works as will, in the opinion of the authority, render the house fit for human habitation, or
that the house will not be used for human habitation until the authority, on being satisfied that it has been rendered fit for that purpose, cancel the undertaking.
Nothing in the Rent Acts prevents possession being obtained by an owner of premises in a case where an undertaking has been given under this section that the premises will not be used for human habitation.
A person who, knowing that an undertaking has been given under this section that premises will not be used for human habitation, uses the premises in contravention of the undertaking or permits them to be so used, commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £5 for every day or part of a day on which he so uses them or permits them to be used after conviction.
In this section references to a house include a hut, tent, caravan or other temporary or movable form of shelter which is used for human habitation and has been in the same enclosure for a period of two years next before action is taken.
If— making a demolition order in respect of the dwelling or HMO is a course of action available to the authority in relation to the hazard for the purposes of section 5 of the Housing Act 2004 (category 1 hazards: general duty to take enforcement action).
the local housing authority are satisfied that a category 1 hazard exists in a dwelling or HMO which is not a flat, and
this subsection is not disapplied by subsection (5),
If, in the case of any building containing one or more flats— making a demolition order in respect of the building is a course of action available to the authority in relation to the hazard for the purposes of section 5 of the Housing Act 2004.
the local housing authority are satisfied that a category 1 hazard exists in one or more of the flats contained in the building or in any common parts of the building, and
this subsection is not disapplied by subsection (5),
The local housing authority may make a demolition order in respect of a dwelling or HMO which is not a flat if—
they are satisfied that a category 2 hazard exists in the dwelling or HMO,
this subsection is not disapplied by subsection (5), and
the circumstances of the case are circumstances specified or described in an order made by the Secretary of State.
The local housing authority may make a demolition order in respect of any building containing one or more flats if—
they are satisfied that a category 2 hazard exists in one or more of the flats contained in the building or in any common parts of the building,
this subsection is not disapplied by subsection (5), and
the circumstances of the case are circumstances specified or described in an order made by the Secretary of State.
None of subsections (1) to (4) applies if a management order under Chapter 1 or 2 of Part 4 is in force in relation to the premises concerned.
This section also has effect subject to section 304(1) (no demolition order to be made in respect of listed building).
In this section “HMO” means house in multiple occupation.
An order made under subsection (3) or (4)—
may make different provision for different cases or descriptions of case (including different provision for different areas);
may contain such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate; and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Sections 584A and 584B provide for the payment of compensation where demolition orders are made under this section, and for the repayment of such compensation in certain circumstances.
any part of a building which is used, or is suitable for use, as a dwelling, or
an underground room which is deemed to be unfit for the purposes of this section in accordance with section 282,
A demolition order is an order requiring that the premises—
be vacated within a specified period (of at least 28 days) from the date on which the order becomes operative, and
be demolished within six weeks after the end of that period or, if it is not vacated before the end of that period, after the date on which it is vacated or, in either case, within such longer period as in the circumstances the local housing authority consider it reasonable to specify.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A local housing authority who have made a demolition order must serve a copy of the order on every person who, to their knowledge, is—
an owner or occupier of the whole or part of the premises to which the order relates,
authorised to permit persons to occupy the whole or part of those premises, or
a mortgagee of the whole or part of the premises.
The copies required to be served under subsection (1) shall be served within the period of seven days beginning with the day on which the order is made.
A copy of the order is to be regarded as having been served on every occupier in accordance with subsections (1) and (2) if a copy of the order is fixed to some conspicuous part of the premises within the period of seven days mentioned in subsection (2).
A demolition order against which no appeal is brought under section 269 becomes operative at the end of the period of 28 days beginning with the day on which the order is made and is final and conclusive as to matters which could be raised on an appeal.
Section 246 of the Housing Act 2004 (service of notices)—
applies in relation to copies required to be served under this section (instead of section 617 below), and
so applies as it applies in relation to documents required to be served under any provision of Parts 1 to 4 of that Act.
A person aggrieved by a demolition order may, within the period of 28 days beginning with the day on which the order is made,, appeal to the appropriate tribunal.
No appeal lies at the instance of a person who is in occupation of the premises or part of the premises under a lease or agreement with an unexpired term of three years or less.
On an appeal the tribunal—
may make such order either confirming or quashing or varying the order as it thinks fit, . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An undertaking accepted by the court has the same effect as an undertaking given to and accepted by the local housing authority under section 264.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If an appeal is brought the order does not become operative until— and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the order or decision appealed against.
a decision on the appeal confirming the order (with or without variation) is given and the period within which an appeal to the Upper Tribunal may be brought expires without any such appeal having been brought, or
if a further appeal to the Upper Tribunal is brought, a decision on that appeal is given confirming the order (with or without variation);
One ground of appeal under section 269 in relation to a demolition order made under section 265 is that a course of action mentioned in subsection (2) is the best course of action in relation to the hazard concerned.
The courses of action are—
serving an improvement notice under section 11 or 12 of the Housing Act 2004;
making a prohibition order under section 20 or 21 of that Act;
serving a hazard awareness notice under section 28 or 29 of that Act; or
declaring the area in which the premises concerned are situated to be a clearance area in accordance with section 289 of this Act.
Subsection (4) applies where—
the appropriate tribunal is hearing an appeal under section 269 in relation to a demolition order made under section 265; and
the grounds on which the appeal is brought are or include the ground that a course of action mentioned in subsection (2) is the best course of action in relation to each hazard concerned.
The tribunal shall have regard to any guidance given to the local housing authority under section 9 of the Housing Act 2004.
Subsection (6) applies where—
an appeal under section 269 is allowed against a demolition order made under section 265; and
the reason or one of the reasons for allowing the appeal is that a course of action mentioned in subsection (2) is the best course of action in relation to the hazard concerned.
The tribunal shall, if requested to do so by the appellant or the local housing authority, include in its decision a finding to that effect and identifying the course of action concerned.
Subsection (1) of this section is without prejudice to the generality of section 269.
Where a demolition order has become operative with respect to any premises, the local housing authority shall serve on any occupier of the premises or any part of the premises a notice—
stating the effect of the order,
specifying the date by which the order requires the premises to be vacated, and
requiring him to quit the premises before that date or before the expiration of 28 days from the service of the notice, whichever may be the later.
If any person is in occupation of the premises, or any part of them, at any time after the date on which the notice requires the premises to be vacated, the local housing authority or an owner of the premises may apply to the county court which shall thereupon order vacant possession of the premises or part to be given to the applicant within such period, of not less than two or more than four weeks, as the court may determine.
Nothing in the Rent Acts , the Renting Homes (Wales) Act 2016 (anaw 1) or secondary legislation made under that Act or Part I of the Housing Act 1988 affects the provisions of this section relating to the obtaining possession of any premises.
Expenses incurred by the local housing authority under this section in obtaining possession of any premises, or part of any premises, may be recovered by them by action from the owner, or from any of the owners, of the premises.
A person who, knowing that a demolition order has become operative and applies to any premises— commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £5 for every day or part of a day on which the occupation continues after conviction.
enters into occupation of the premises, or a part of them, after the date by which the order requires them to be vacated, or
permits another person to enter into such occupation after that date,
When a demolition order has become operative, the owner of the premises to which it applies shall demolish the premises within the time limited by the order, and if the premises are not demolished within that time the local housing authority shall enter and demolish them and sell the materials.
Subsection (1) has effect subject to— section 273 (cleansing before demolition), section 274 (power to permit reconstruction), and section 275 (use otherwise than for human habitation).
Expenses incurred by the local housing authority under section 271 (execution of demolition order), after giving credit for any amount realised by the sale of materials, may be recovered by them from the owner of the premises.
If there is more than one owner—
the expenses may be recovered by the local housing authority from the owners in such shares as the appropriate tribunal may determine to be just and equitable, and
an owner who pays to the authority the full amount of their claim may recover from any other owner such contribution, if any, as the appropriate tribunal may determine to be just and equitable.
A surplus in the hands of the authority shall be paid by them to the owner of the premises or, if there is more than one owner, as the owners may agree.
If there is more than one owner and the owners do not agree as to the division of the surplus, the authority shall, by virtue of this subsection, be trustees of the surplus for the owners of the premises and section 63 of the Trustee Act 1925 (which relates to payment into court by trustees) has effect accordingly.
a residential property tribunal has jurisdiction to hear and determine proceedings under subsection (1) (as well as those under subsection (2)), and the county court has jurisdiction under section 63 of the Trustee Act 1925 in relation to such a surplus as is referred to in subsection (4).
In determining for the purposes of this section the shares in which expenses are to be paid or contributed by, or a surplus divided between, two or more owners of premises, a tribunal or court shall have regard to all the circumstances of the case, including—
their respective interests in the premises, and
their respective obligations and liabilities in respect of maintenance and repair under any covenant or agreement, whether express or implied.
If it appears to the local housing authority that premises to which a demolition order applies require to be cleansed from vermin, they may, at any time between the date on which the order is made and the date on which it becomes operative, serve notice in writing on the owner or owners of the premises that they intend to cleanse the premises before they are demolished.
Where the authority have served such a notice—
they may, at any time after the order has become operative and the premises have been vacated, enter and carry out such work as they may think requisite for the purpose of destroying or removing vermin, and
the demolition shall not be begun or continued by an owner after service of the notice on him, except as mentioned in subsection (3), until the authority have served on him a further notice authorising him to proceed with the demolition.
An owner on whom a notice has been served under subsection (1) may, at any time after the premises have been vacated, serve notice in writing on the authority requiring them to carry out the work within 14 days from the receipt of the notice served by him, and at the end of that period shall be at liberty to proceed with the demolition whether the work has been completed or not.
Where the local housing authority serve a notice under subsection (1), they shall not take action under section 271 (under which they are to demolish the premises if the owners do not) until the expiration of six weeks from the date on which the owner or owners become entitled by virtue of subsection (2) or (3) to proceed with the demolition.
Where a demolition order has become operative— may submit proposals to the authority for the execution by him of works designed to secure the reconstruction, enlargement or improvement of the premises, or of buildings including the house.
the owner of the premises, or
any other person who in the opinion of the local housing authority is or will be in a position to put his proposals into effect,
If the authority are satisfied that the result of the works will be— they may, in order that the person submitting the proposals may have an opportunity of carrying out the works, extend for such period as they may specify the time within which the owner of the premises is required under section 271 to demolish them.
in the case of a demolition order made under section 265(1) or (2), that the hazard concerned ceases to be a category 1 hazard, or
in the case of a demolition order made under section 265(3) or (4), that a prescribed state of affairs exists,
In subsection (2) “prescribed state of affairs” means such state of affairs as may be specified or described in an order made by the Secretary of State.
the works have begun and appear to the authority to be making satisfactory progress, or
though they have not begun, the authority think there has been no unreasonable delay.
An order under subsection (3)—
may make different provision for different cases or descriptions of case (including different provision for different areas);
may contain such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate; and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
That time may be further extended by the authority, once or more often as the case may require, if—
the works have begun and appear to the authority to be making satisfactory progress, or
though they have not begun, the authority think there has been no unreasonable delay.
Where the authority determine to extend, or further extend, the time within which the owner of any premises is required under section 271 to demolish them, notice of the determination shall be served by the authority on every person having an interest in the premises or part of the premises, whether as freeholder, mortgagee or otherwise.
If the works are completed to the satisfaction of the authority they shall revoke the demolition order (but without prejudice to any subsequent proceedings under this Part or Part 1 of the Housing Act 2004).
If— submits proposals to the local housing authority for the use of the premises for a purpose other than human habitation, the authority may, if they think fit, determine the demolition order and make a prohibition order under section 20 or 21 of the Housing Act 2004 in respect of the hazard concerned.
an owner of any premises in respect of which a demolition order has become operative, or
any other person who has an interest in the premises,
The authority shall serve notice that the demolition order has been determined, and a copy of the prohibition order, on every person on whom they are required by Part 1 of Schedule 2 to the Housing Act 2004 to serve a copy of the prohibition order.
the person having control of the house, and
any other person who is an owner of the house, and
every mortgagee of the house whom it is reasonably practicable to ascertain.
A demolition order which has been made in respect of any premises shall cease to have effect if a management order under Chapter 1 or 2 of Part 4 of the Housing Act 2004 comes into force in relation to the premises.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The local housing authority shall determine a closing order on being satisfied that the premises have been rendered fit for human habitation, and if so satisfied as respects part of the premises they shall determine the order so far as it relates to that part.
A person aggrieved by a refusal by the local housing authority to determine a closing order, either wholly or as respects part of the premises to which it relates, may, within 21 days after the refusal, appeal to the county court.
No appeal lies at the instance of a person who is in occupation of the premises, or a relevant part of the premises, under a lease or agreement of which the unexpired term is three years or less.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a local housing authority have made a closing order, they may, subject to subsection (2), at any time revoke it and make a demolition order.
The power conferred by subsection (1) is not exercisable in relation to a closing order made under or by virtue of— section 266 (parts of buildings and underground rooms), section 304(1) (listed buildings), or section 304(2) (building subject to demolition order becoming listed), or where the closing order has been determined under section 278 as respects part of the premises to which it relates.
The provisions of this Part relating to demolition orders, including the provisions relating to service of copies of the order and appeals, apply to an order under this section as they apply to a demolition order under section 265.
the surface of the part of the street adjoining or nearest to the room, or
the surface of any ground within nine feet of the room.
A local housing authority may, with the consent of the Secretary of State, make regulations for securing the proper ventilation and lighting of underground rooms and the protection of such rooms against dampness, effluvia or exhalation.
If a local housing authority, after being required to do so by the Secretary of State, fail to make regulations under subsection (1), or to make such regulation as he approves, the Secretary of State may himself by statutory instrument make regulations which shall have effect as if made by the authority under that subsection.
An underground room shall be deemed for the purposes of section 266 (closing orders) to be unfit for human habitation if—
the average height of the room from floor to ceiling is not at least seven feet, or
the room does not comply with regulations made by the local housing authority under section 281.
Nothing in this section affects the taking of action in respect of premises consisting of or including an underground room on the ground that they are unfit for human habitation in accordance with section 604 (fitness for human habitation: general provisions).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Part “obstructive building” means a building which, by virtue only of its contact with or proximity to other buildings, is dangerous or injurious to health.
A building is not liable to be demolished as an obstructive building under the following provisions of this Part if it is—
the property of statutory undertakers (unless the building is used for the purposes of a dwelling, showroom or office), or
the property of a local authority.
In subsection (2) “statutory undertakers” means persons authorised by an enactment, or by an order, rule or regulation made under an enactment, to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, gas, electricity, water or other public undertaking.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The local housing authority may serve upon every owner of a building which appears to them to be an obstructive building, notice of a time (not being less than 21 days after the service of the notice) and place at which the question of ordering the building to be demolished will be considered by the authority.
Every owner of the building is entitled to be heard when the matter is so taken into consideration.
If, after so taking the matter into consideration, the authority are satisfied that the building is an obstructive building and that the building, or a part of it, ought to be demolished, they shall make an obstructive building order, that is to say, an order requiring—
that the building, or part of it, be demolished, and
that the building, or such part of it as is required to be vacated for the purposes of the demolition, be vacated within two months from the date on which the order becomes operative.
The authority shall serve a copy of the order on every owner of the building.
The order becomes operative, if no appeal is brought against it, on the expiration of 21 days from the date of the service of the order and is final and conclusive as to matters which could have been raised on such an appeal.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person aggrieved by an obstructive building order may, within 21 days after the date of the service of the order, appeal to the county court.
No appeal lies at the instance of a person who is in occupation of the building to which the order relates under a lease or agreement of which the unexpired term is three years or less.
On an appeal the court may make such order either confirming, quashing or varying the order as it thinks fit.
If an appeal is brought, the order does not become operative until— and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the order or decision appealed against.
a decision on the appeal confirming the order (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or
if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the order (with or without variation);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where an obstructive building order has become operative, the local housing authority shall serve on the occupier of the building, or part of a building, to which the order relates a notice—
stating the effect of the order,
specifying the date by which the order requires the building to be vacated, and
requiring him to quit the building before that date or before the expiration of 28 days from the service of the notice, whichever may be the later.
If at any time after the date on which the notice requires the building to be vacated a person is in occupation of the building, or part of it, the local housing authority or an owner of the building may apply to the county court which shall order vacant possession of the building, or of the part of it, to be given to the applicant within such period, of not less than two or more than four weeks, as the court may determine.
Nothing in the Rent Acts affects the provisions of this section relating to the obtaining of possession of a building.
A person who, knowing that an obstructive building order has become operative and applies to a building— commits a summary offence and is liable on conviction to a fine not exceeding level 2 on the standard scale and to a further fine not exceeding £5 a day for every day or part of a day on which the occupation continues after conviction.
enters into occupation of the building, or of a part of it, after the date by which the order requires the building to be vacated, or
permits another person to enter into such occupation after that date,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If before the end of the period within which a building in respect of which an obstructive building order is made is required by the order to be vacated— make to the authority an offer for the sale of that interest, or of those interests, at a price to be assessed as if it were compensation for a compulsory purchase under section 290 (acquisition of land for clearance), the authority shall accept the offer and shall, as soon as possible after obtaining possession, carry out the demolition.
an owner whose estate or interest in the building and its site is such that its acquisition by the local housing authority would enable the authority to carry out the demolition provided for by the order, or
owners whose combined estates or interests in the building and its site are such that their acquisition by the authority would enable the authority to carry out the demolition provided by the order,
If no such offer is made before the end of the period within which the building is required by the order to be vacated, the owner or owners shall carry out the demolition provided for by the order before the expiration of six weeks from— or, in either case, such longer period as in the circumstances the local housing authority deem reasonable.
the last day of that period, or
if the building, or such part of it as is required to be vacated, is not vacated until after that day, the day on which it is vacated,
If the demolition is not so carried out, the local housing authority shall enter and carry out the demolition and sell the materials rendered available by the demolition.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Expenses incurred by the local housing authority under section 287(3) (execution of obstructive building order) after giving credit for any amount realised by the sale of materials, may be recovered by them from the owner of the building.
If there is more than one owner—
the expenses may be recovered by the authority from the owners in such shares as the court may determine to be just and equitable, and
an owner who pays to the authority the full amount of their claim may recover from any other owner such contribution, if any, as the court may determine to be just and equitable.
A surplus in the hands of the authority shall be paid by them to the owner of the building or, if there is more than one owner, as the owners may agree.
If there is more than one owner and the owners do not agree as to the division of the surplus, the authority shall, by virtue of this subsection, be trustees of the surplus for the owners of the premises and section 63 of the Trustee Act 1925 (which relates to payment into court by trustees) has effect accordingly.
The county court has jurisdiction to hear and determine proceedings under subsection (1) or (2), and has jurisdiction under section 63 of the Trustee Act 1925 in relation to such a surplus as is referred to in subsection (4).
In determining for the purposes of this section the shares in which expenses are to be paid or contributed by, or a surplus divided between, two or more owners of a building, the court shall have regard to all the circumstances of the case, including—
their respective interests in the building, and
their respective obligations and liabilities in respect of maintenance and repair under any covenant or agreement, whether express or implied.
A clearance area is an area which is to be cleared of all buildings in accordance with the following provisions of this Part.
If the local housing authority are satisfied, in relation to any area— declaring the area to be a clearance area is a course of action available to the authority in relation to the hazard or hazards for the purposes of section 5 of the Housing Act 2004 (category 1 hazards: general duty to take enforcement action).
that each of the residential buildings in the area contains a category 1 hazard, and
that the other buildings (if any) in the area are dangerous or harmful to the health or safety of the inhabitants of the area,
Subject to subsection (5B), where the authority decide to declare an area to be a clearance area in accordance with paragraph (a) or paragraph (b) of subsection (2F) they shall—
cause the area to be defined on a map in such manner as to exclude from any area
any residential building which is not dangerous or harmful to health or safety
any other building which is not dangerous or harmful to health or safety ; and
any residential buildings which, by virtue of subsection (2F)(b), they have decided to exclude from the area; and
pass a resolution declaring the area so defined to be a clearance area.
The local housing authority may declare an area to be a clearance area if they are satisfied that—
the residential buildings in the area are dangerous or harmful to the health or safety of the inhabitants of the area as a result of their bad arrangement or the narrowness or bad arrangement of the streets; and
that the other buildings (if any) in the area are dangerous or harmful to the health or safety of the inhabitants of the area.
Before passing such a resolution the authority shall satisfy themselves—
that, in so far as suitable accommodation does not already exist for the persons who will be displaced by the clearance of the area, the authority can provide, or secure the provision of, such accommodation in advance of the displacements which will from time to time become necessary as the demolition of the buildings in the area, or in different parts of it, proceeds, and
that the resources of the authority are sufficient for the purposes of carrying the resolution into effect.
The local housing authority may declare an area to be a clearance area if they are satisfied that— Subsection (8) of section 265 applies in relation to an order under this subsection as it applies in relation to an order under subsection (3) or (4) of that section.
that each of the residential buildings in the area contains a category 2 hazard,
that the other buildings (if any) in the area are dangerous or harmful to the health or safety of the inhabitants of the area, and
the circumstances of the case are circumstances specified or described in an order made by the Secretary of State.
The authority shall forthwith transmit to the Secretary of State a copy of any resolution passed by them under this section, together with a statement of the number of persons who on a day specified in the statement were occupying the buildings comprised in the clearance area.
In this section “residential buildings” means buildings which are dwellings or houses in multiple occupation or contain one or more flats. This is subject to subsection (2ZD).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of subsection (2) or (2ZB)—
subsection (2ZC) applies as if “two or more flats” were substituted for “one or more flats”; and
a residential building containing two or more flats is only to be treated as containing a category 1 or 2 hazard if two or more of the flats within it contain such a hazard.
Subsections (2) to (2ZB) are subject to subsections (2B) to (4) and (5B).
Before declaring an area to be a clearance area, the authority shall—
serve notice of their intention to include a building in the clearance area on every person who has an interest in the building (whether as freeholder, lessee or mortgagee) and also, in the case of a residential building, on every person who has such an interest in any flat in the building; and
take reasonable steps to inform any occupiers of a residential building who do not have such an interest in the building or a flat in the building as is referred to in paragraph (a) of their intention to include the building in the clearance area; and
publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) notice of their intention to declare the area to be a clearance area.
A notice served under paragraph (a) of subsection (2B) shall invite representations from the person on whom the notice was served within such reasonable period, being not less than twenty-eight days after the date on which the notice is served, as may be specified in the notice.
The authority shall, by the steps taken in relation to occupiers of a residential building as mentioned in paragraph (b) of subsection (2B), invite representations from those occupiers within such reasonable period, expiring not less than twenty-eight days after the date on which the steps are taken, as may be specified by the authority.
A notice published in accordance with paragraph (c) of subsection (2B) shall invite representations from any interested persons within such reasonable period, being not less than twenty-eight days after the date on which the notice is published, as may be specified in the notice.
The authority shall consider all representations made under subsections (2C), (2D) and (2E) and, in the light of the representations, shall take whichever of the following decisions they think appropriate, that is to say—
they may decide to declare the area to be a clearance area; or
they may decide to declare the area to be a clearance area but exclude such residential buildings which contain category 1 or category 2 hazards as they think fit; or
they may decide not to declare the area to be a clearance area.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to section 578A, a clearance area may not include any parcel of land which is not contiguous with another parcel of land within the area; and, where the effect of subsection (3) would otherwise be that a clearance area would comprise two or more separate and distinct areas, paragraph (b) of that subsection shall have effect as if for the words “pass a resolution declaring the area so defined” there were substituted ”if the effect of paragraph (a) would otherwise be that the area would comprise two or more separate and distinct areas, pass a separate resolution in respect of each of those areas declaring each of them
So soon as may be after the local housing authority have declared an area to be a clearance area, they shall proceed to secure the clearance of the area (subject to and in accordance with the provisons of this Part) by purchasing the land comprised in the area and themselves undertaking, or otherwise securing, the demolition of the buildings on the land.
Where the authority determine to purchase land comprised in a clearance area, they may also purchase—
land which is surrounded by the clearance area and the acquisition of which is reasonably necessary for the purpose of securing a cleared area of convenient shape and dimensions, and
adjoining land the acquisition of which is reasonably necessary for the satisfactory development or use of the cleared area.
Where the authority have determined to purchase land under this section, they may purchase the land by agreement or be authorised by the Secretary of State to purchase the land compulsorily.
The powers conferred by subsection (3) are exercisable notwithstanding that any of the buildings within the area have been demolished since the area was declared to be a clearance area.
A local housing authority who have purchased land under section 290 shall, so soon as may be, cause every building on the land to be vacated and deal with the land in one or other of the following ways, or partly in one of those ways and partly in the other, that is to say—
themselves demolish every building on the land within the period mentioned in subsection (2) and thereafter appropriate or dispose of the land, subject to such restrictions and conditions (if any) as they think fit, or
dispose of the land as soon as may be subject to a condition that the buildings on it be demolished forthwith, and subject to such restrictions and other conditions (if any) as they think fit.
The period within which the authority is to demolish a building under paragraph (a) of subsection (1) is six weeks from the date on which the building is vacated or such longer period as in the circumstances they consider reasonable.
This section has effect subject to— section 301 (retention of premises for temporary housing use), sections 305 and 306 (suspensions of clearance procedure on building becoming listed), and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The references in subsection (1) to appropriation or disposal under the general powers conferred by section 122 or 123 of the Local Government Act 1972.
Where the local housing authority have submitted to the Secretary of State an order for the compulsory purchase of land in a clearance area and the Secretary of State, on an application being made to him by the owner or owners of the land and the authority, is satisfied— the Secretary of State may authorise the authority to discontinue proceedings for the purchase of the land on their being satisfied that such covenants have been or will be entered into by all necessary parties as may be requisite for securing that the buildings will be demolished, and the land become subject to the like restrictions and conditions, as if the authority had dealt with the land in accordance with the provisions of section 291.
that the owner or owners of the land, with the concurrence of any mortgagee of the land, agree to the demolition of the buildings on the land, and
that the authority can secure the proper clearance of the area without acquiring the land,
The local housing authority may include in a clearance area land belonging to them which they might have included in the area if it had not belonged to them, and the provisions of this Part apply to land so included as they apply to land purchased by the authority as being comprised in the clearance area.
Where land belonging to the local housing authority is surrounded by or adjoins a clearance area and might, had it not previously been acquired by them, have been purchased by the authority under section 290(2), the provisions of this part apply to that land as they apply to land purchased by the authority as being surrounded by or adjoining the clearance area.
The local housing authority may, with the approval of the Secretary of State, by order extinguish any public right of way over land acquired by them under section 290 (land acquired for clearance) as from such date as the Secretary of State in approving the order may direct.
Where the authority have resolved to purchase under that section land over which a public right of way exists, an order made by the authority in advance of the purchase and approved by the Secretary of State (whether before or after the purchase) shall extinguish that right as from such date as the Secretary of State in approving the order may direct.
The order shall be published in such manner as may be prescribed and if objection to the order is made to the Secretary of State before the expiration of four weeks from its publication then, subject to subsection (4), he shall not approve the order until he has caused a public local inquiry to be held into the matter.
The Secretary of State may dispense with such an inquiry as is referred to in subsection (3) if he is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary.
Upon the completion by the local housing authority of the purchase by them under section 290 (land acquired for clearance)— shall be extinguished and any such apparatus shall vest in the authority.
all private rights of way over the land,
all rights of laying down, erecting, continuing or maintaining apparatus on, under or over the land, and
all other rights or easements in or relating to the land,
Subsection (1) has effect subject to—
any agreement which may be made between the local housing authority and the person in or to whom the right or apparatus is vested or belongs, and
sections 296 and 298 (which relate to the rights and apparatus of statutory undertakers and certain operators of electronic communications networks).
A person who suffers loss by the extinguishment of any right or the vesting of any apparatus under subsection (1) is entitled to be paid by the local housing authority compensation to be determined under and in accordance with the Land Compensation Act 1961.
Section 295(1) (extinguishment of rights over land acquired for clearance and vesting of apparatus in local housing authority) does not apply to—
any right vested in statutory undertakers of laying down, erecting, continuing or maintaining any apparatus, or
any apparatus belonging to statutory undertakers.
Where the removal or alteration of apparatus belonging to statutory undertakers— is reasonably necesssary for the purpose of enabling the authority to exercise any of the powers conferred on them by the provisions of this Part relating to clearance areas, the authority may execute works for the removal or alteration of the apparatus, subject to and in accordance with the provisions of section 297 (procedure for removal or alteration of apparatus).
on, under or over land purchased by a local housing authority under section 290 (land acquired for clearance), or
on, under or over a street running over, or through, or adjoining any such land.
The local housing authority shall make reasonable compensation to statutory undertakers for any damage sustained by the undertakers by reason of the execution by the authority of works under this section and not made good by the provision of substituted apparatus; and any question as to the right of undertakers to recover such compensation or as to its amount shall be referred to and determined by the Upper Tribunal.
In this section—
“statutory undertakers” means persons authorised by an enactment, or by an order, rule or regulation made under an enactment, to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, gas, . . . , . . . or other public undertaking;
“apparatus” means sewers, drains, culverts, water-courses, mains, pipes, valves, tubes, cables, wires, tranformers and other apparatus laid down or used for or in connection with the carrying, conveying or supplying to any premises of a supply of water, water for hydraulic power, gas or electricity, and standards and brackets carrying street lamps;
references to the alteration of apparatus include references to diversion and to the alteration of position or level.
A local housing authority who intend to remove or alter apparatus in exercise of the power conferred by section 296— and within that period the undertakers may, by notice in writing served on the authority, make objections to, or state requirements with respect to, the proposed works as follows.
shall serve on the undertakers notice in writing of their intention with particulars of the proposed works and of the manner in which they are to be executed and plans and sections of them, and
shall not commence any works until the expiration of the period of 28 days from the date of service of that notice;
The undertakers may object to the execution of the works, or any of them, on the ground that they are not reasonably necessary for the purpose mentioned in section 296(2); and if objection is so made to any works and not withdrawn, the authority shall not execute the works unless they are determined by arbitration to be so necessary.
The undertakers may state requirements to which, in their opinion, effect ought to be given as to— and if any such requirement is so made and not withdrawn, the authority shall give effect to it unless it is determined by arbitration to be unreasonable.
the manner of, or the conditions to be observed in, the execution of the works, or
the execution of other works for the protection of other apparatus belonging to the undertakers or for the provision of substituted apparatus, whether permanent or temporary;
At least seven days before commencing any works which they are authorised by section 296, or required by subsection (3), to execute, the local housing authority shall, except in case of emergency, serve on the undertakers notice in writing of their intention to do so; and the works shall be executed by the authority under the superintendence (at the expense of the authority) and to the reasonable satisfaction of the undertakers.
If within seven days from the date of service on them of such a notice the undertakers so elect, they shall themselves execute the works in accordance with the reasonable directions and to the reasonable satisfaction of the authority; and the reasonable costs of the works shall be repaid to the undertakers by the authority.
Any matter which by virtue of subsection (2) or (3) is to be determined by arbitration, and any difference arising between statutory undertakers and a local housing authority under subsection (4) or (5), shall be referred to and determined by an arbitrator to be appointed, in default of agreement, by the Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the telecommunications code” means the code contained in Schedule 2 to the Telecommunications Act 1984,
“telecommunications code system” means a telecommunication system to which that code applies, and
expressions which are defined for the purposes of that code by paragraph 1 of that Schedule, or are defined in that Act for the purposes of that Act, have the same meaning in this section.
Where a public right of way over land is extinguished by an order under section 294 and immediately before the order comes into operation there is under, in, on, over, along or across the land electronic communications apparatus kept installed for the purposes of an electronic communications code network, the powers of the operator of the network in respect of the apparatus are not affected by the order, but any person entitled to the land over which the right of way subsisted may require the alteration of the apparatus, and Part 6 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (procedure for exercise of right to require removal of apparatus) applies.
Section 295(1) (extinguishment of other rights over land acquired for clearance and vesting of apparatus in local housing authority) does not apply to— but the local housing authority may, where it is reasonably necessary for the purpose of enabling the authority to exercise any of the powers conferred on them by the provisions of this Act relating to clearance areas, execute works for the alteration of such apparatus, and Part 10 of the telecommunications code (procedure for works involving alteration of apparatus) applies.
any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network, or
electronic communications apparatus kept installed for the purposes of such a network;
Schedule 11 has effect with respect to rehabilitation orders in respect of houses acquired for clearance, or which it was resolved to acquire, before 2nd December 1974 (when the provisions of the Housing Act 1974 with respect to housing action areas and improvement notices came into force), as follows:— Part I — The making of the order and its effect. Part II — Procedural matters.
References in that Schedule to improvement to “the full standard” have the same meaning as in Part VII (improvement notices).
Where— they may purchase it instead.
the local housing authority would be required under section 5 of the Housing Act 2004 to make a demolition order under section 265(1) or (2) of this Act in respect of a dwelling, a house in multiple occupation or a building containing one or more flats, and
it appears to them that the dwelling, house in multiple occupation or, as the case may be, building is or can be rendered capable of providing accommodation of a standard which is adequate for the time being,
Where— they may purchase it instead.
the local housing authority would be required under section 5 of the Housing Act 2004 to make a relevant prohibition order in respect of a dwelling, a house in multiple occupation or a building containing one or more flats, and
it appears to them that the dwelling, house in multiple occupation or, as the case may be, building is or can be rendered capable of providing accommodation of a standard which is adequate for the time being,
In subsection (2) “relevant prohibition order” means a prohibition order under section 20 of the Housing Act 2004 which imposes in relation to the whole of the dwelling, house in multiple occupation or building a prohibition on its use for all purposes other than any purpose approved by the authority.
Where an authority have determined to purchase any premises under subsection (1)—
they shall serve a notice of their determination on the persons on whom they would have been required by section 268(1) to serve a copy of a demolition order, and
sections 268(4) and 269(1), (2), (3) and (6) (operative date and right of appeal) apply to such a notice as they apply to a demolition order.
Where an authority have determined to purchase any premises under subsection (2)—
they shall serve a notice of their determination on the persons on whom they would have been required by Part 1 of Schedule 2 to the Housing Act 2004 (service of prohibition orders) to serve a copy of the relevant prohibition order; and
section 24 of that Act and Parts 1 and 3 of that Schedule (operative date, right of appeal etc.) apply to such a notice as they apply to a prohibition order which is not suspended or to appeals against such an order (as the case may be).
At any time after the notice has become operative the authority may purchase the dwelling, house in multiple occupation or building by agreement or be authorised by the Secretary of State to purchase it compulsorily.
This section does not apply where section 304(1) applies (listed building or building protected pending listing).
The local housing authority, having declared an area to be a clearance area, may postpone for such period as they may determine the demolition of residential buildings on land purchased by them within the area if, in their opinion, the residential buildings are or can be rendered capable of providing accommodation of a standard which is adequate for the time being.
Where the local housing authority are satisfied that a residential building on land purchased by them within a clearance area which is not retained by them for temporary use for housing purposes— they may retain the residential building for the time being and are not required to demolish it so long as it is required for that purpose or, as the case may be, so long as those powers are being exercised by the authority in relation to that area.
is required for the support of a residential building which is so retained, or
should not be demolished for the time being for some other special reason connected with the exercise in relation to the clearance area of the authority’s powers under subsection (1).
Where the demolition of any residential buildings in a clearance area is postponed under this section, the local housing authority may also postpone the taking of proceedings under section 290(1) (acquisition of land for clearance) in respect of buildings other than residential buildings within the area.
In this section and section 302 “residential building” has the same meaning as it has in section 289.
Where a residential building is acquired by a local housing authority under section 300 or retained by a local housing authority under section 301 for temporary use for housing purposes—
the authority have the like powers in respect of the residential building as they have in respect of dwellings provided by them under Part II (provision of housing accommodation);
the authority may carry out such works as may from time to time be required for rendering and keeping the residential building capable of providing accommodation of a standard which is adequate for the time being pending its demolition;
sections 8 and 9A of the Landlord and Tenant Act 1985 (implied condition of fitness for human habitation) do not apply to a contract for the letting of the residential building or any flat in the building by the authority.
In this Part “listed building” means a building included in a list of buildings of special architectural or historic interest under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 76 of the Historic Environment (Wales) Act 2023.
A local housing authority shall not make a demolition order under section 265 (power to make a demolition order) in respect of a listed building.
Where a dwelling, house in multiple occupation or building in respect of which a demolition order has been made becomes a listed building, the local housing authority shall determine the order (whether or not it has become operative).
notice that the demolition order has been determined, and
a copy of the closing order,
The local housing authority shall serve notice that the demolition order has been determined on every person on whom they would be required by section 268 to serve a copy of a new demolition order in relation to the premises.
The Secretary of State may give notice in respect of a dwelling, house in multiple occupation or building to the local housing authority stating that its architectural or historic interest is sufficient to render it inexpedient that it should be demolished pending determination of the question whether it should be a listed building; and the provisions of this section apply to a dwelling, house in multiple occupation or building in respect of which such a notice is in force as they apply to a listed building.
Where a building in England to which a compulsory purchase order under section 290 applies (acquisition of land for clearance) becomes a listed building at any time after the making of the order, the authority making the order may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Secretary of State (and only to him) for his consent under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to the demolition of the building.
If the authority have not served notice to treat in respect of the building under section 5 of the Compulsory Purchase Act 1965, they shall not do so unless and until the Secretary of State gives , or (as the case may be) the Welsh Ministers give, that consent.
Where a building in Wales to which a compulsory purchase order under section 290 applies becomes a listed building at any time after the making of the order, the authority making the order may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Welsh Ministers (and only to them) for their consent under section 89 of the Historic Environment (Wales) Act 2023 to the demolition of the building.
The following provisions of this section have effect where— and in those provisions “the relevant date” means the date of the refusal or, as the case may be, the expiry of that period.
an application for such consent is made and refused, or
the period for making an application expires without the authority having made an application;
If at the relevant date— the compulsory purchase order shall cease to have effect in relation to the building and, where applicable, the building shall cease to be comprised in a clearance area.
the building has not vested in the authority, and
no notice to treat has been served by the authority under section 5 of the Compulsory Purchase Act 1965 in respect of an interest in the building.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
serve a notice in respect of the building under section 189 (repair notice), or
make a closing order in respect of the building under section 265.
Where subsection (4) does not apply, the authority shall cease to be subject to the duty imposed by section 291 (method of dealing with land acquired for clearance) to demolish the building, and—
if the building or an interest in it is vested in the authority at the relevant date, it shall be treated in the case of a residential building as appropriated to the purposes of Part II of this Act (provision of housing accommodation) and in any other case as appropriated to the purposes of Part IX of the Town and Country Planning Act 1990 (planning purposes);
in relation to an interest in the building which has not at the relevant date vested in the authority, the compulsory purchase order has effect in the case of a residential building as if made and confirmed under Part II of this Act and in any other case as if made and confirmed under Part IX of the Town and Country Planning Act 1990.
No account shall be taken for the purposes of section 4 of the Compulsory Purchase Act 1965 (time limit for completing compulsory purchase) of any period during which an authority are prevented by this section from serving a notice to treat under section 5 of that Act.
In this section “residential building” has the same meaning as in section 289. . . .
Where section 291 (method of dealing with land acquired for clearance) applies to a building in England purchased by the local housing authority by agreement and the building becomes a listed building, the authority may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Secretary of State (and only to him) for his consent under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to the demolition of the building.
Where such an application is made and is refused, or the period for making such an application expires without the authority making an application—
the authority shall cease to be subject to the duty imposed by section 291 to demolish the building, and
the building shall be treated in the case of a residential building (within the meaning of section 289) as appropriated to the purposes of Part II of this Act (provision of housing accommodation) and in any other case as appropriated to the purposes of Part IX of the Town and Country Planning Act 1990 (planning purposes).
Where section 291 applies to a building in Wales purchased by the local housing authority by agreement and the building becomes a listed building, the authority may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Welsh Ministers (and only to them) for their consent under section 89 of the Historic Environment (Wales) Act 2023 to the demolition of the building.
Nothing in the provisions of this Part relating to the demolition or purchase of unfit premises prejudices or interferes with the rights or remedies of an owner for breach of any covenant or contract entered into by a lessee in reference to premises in respect of which an order is made by the local housing authority under those provisions.
the demolition, closing or purchase of unfit premises, or
the demolition of obstructive buildings,
If an owner is obliged to take possession of premises in order to comply with such an order, the taking possession does not affect his right to avail himself of any such breach which occurred before he so took possession.
A person proposing to undertake the re-development of land may submit particulars of his proposals to the local housing authority for approval under this section.
The authority shall consider the proposals and if they appear to the authority to be satisfactory, the authority shall give notice to that effect to the person by whom they were submitted, specifying times within which the several parts of the re-development are to be carried out.
Where the authority have so given notice of their satisfaction with proposals, no action shall be taken in relation to the land under any of the powers conferred by the provisions of this Part or Chapter 2 of Part 1 of the Housing Act 2004 relating to— if and so long as the re-development is being proceeded with in accordance with the proposals and within the specified time limits, subject to any variation or extension approved by the authority.
the demolition or purchase of premises or the prohibition of uses of premises , or
clearance areas.
This section does not apply to premises— and has effect subject to section 311 in a case where proposals are submitted under this section with respect to premises in a clearance area.
in respect of which a demolition order has become operative, or
comprised in a compulsory purchase order under section 290 (acquisition of land for clearance) which has been confirmed by the Secretary of State;
Where the local housing authority have given notice of their satisfaction with proposals submitted to them under section 308 and are satisfied— they may issue to the landlord a certificate, which shall be conclusive evidence for the purposes of section 98(1)(a) of the Rent Act 1977 or section 7 of the Housing Act 1988 (grounds for possession), that suitable alternative accommodation is available for the tenant or will be available for him by that future date.
that it is necessary for the purpose of enabling re-development to be carried out in accordance with the proposals that a dwelling-house let on or subject to a protected tenancy or statutory tenancy (within the meaning of the Rent Act 1977) or let on or subject to an assured tenancy or assured agricultural occupancy should be vacated, and
that alternative accommodation complying with the requirements of this section is available for the tenant or will be available for him at a future date,
The requirements with which the alternative accommodation must comply are—
that it must be a dwelling-house in which the tenant and his family can live without causing it to be overcrowded within the meaning of Part X;
that it must be certified by the local housing authority to be suitable to the needs of the tenant and his family as respects security of tenure, proximity to place of work and otherwise, and to be suitable in relation to his means; and
that if the dwelling-house belongs to the local housing authority it must be certified by them to be suitable to the needs of the tenant and his family as regards accommodation, for this purpose treating a dwelling-house containing two bedrooms as providing accommodation for four persons, a dwelling-house containing three bedrooms as providing accommodation for five persons and a dwelling-house containing four bedrooms as providing accommodation for seven persons.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An owner of a house in respect of which works of improvement or structural alteration are proposed to be executed may submit a list of the proposed works to the local housing authority with a request in writing that the authority inform him whether in their opinion the house would, after the execution of those works, or of those works together with additional works, be fit for human habitation and, with reasonable care and maintenance, remain so fit for a period of at least five years.
As soon as may be after the receipt of such a list and request, the authority shall take the list into consideration and shall inform the owner whether they are of that opinion, and, if they are, furnish him with a list of any additional works appearing to them to be required.
Where the authority have stated that they are of that opinion and the works specified in the list, together with any additional works specified in a list furnished by them, have been executed to their satisfaction, they shall, on the application of the owner and on payment by him of a fee of five pence, issue to him a certificate that the house is fit for human habitation and will with reasonable care and maintenance remain so fit for such period (not being less than five nor more than 15 years) as may be specified in the certificate.
During the period specified in a certificate given under this section—
no action shall be taken in relation to the house under the provisions of this Part relating to the demolition, closing or purchase of unfit premises, and
no action shall be taken under the provisions of this Part relating to clearance areas with a view to the demolition of the house as being unfit for human habitation.
For the purposes of this section “works of improvement” includes the provision of additional or improved fixtures or fittings but not works by way of decoration or repair.
This section does not apply to premises— and has effect subject to section 311 in a case where proposals are submitted under this section with respect to premises in a clearance area.
in respect of which a demolition order has become operative, or
comprised in a compulsory purchase order under section 290 (acquisition of land for clearance) which has been confirmed by the Secretary of State;
Where proposals as respects premises in a clearance area are submitted to the local housing authority under section 308 (owner’s re-development) . . . , the authority may, instead of proceeding under that section, transmit the proposals to the Secretary of State.
The Secretary of State shall deal with the proposals in connection with the consideration by him of the compulsory purchase order relating to the premises as if the proposals had been objections to the order made on the date on which they were submitted to the authority.
If in confirming the order the Secretary of State excludes the premises from the clearance area, the authority shall then proceed in relation to the proposals under section 308 . . . .
Slum clearance subsidy is payable to a local housing authority (for the credit of their general rate fund) for any year in which the authority incur a loss in connection with the exercise of their slum clearance functions.
For this purpose “slum clearance functions” means functions under the provisions of this Part relating to— but does not include functions under section 308 to 311 (owner’s re-development or improvements); and no account shall be taken of expenditure resulting from an order under paragraph 9(1) of Schedule 22 (expenses of owner in opposing compulsory purchase order).
the demolition, closing or purchase of unfit premises,
the demolition of obstructive buildings, or
clearance areas,
The amount of the subsidy is 75 per cent. of the loss.
Payment of the subsidy is subject to the making of a claim for it in such form, and containing such particulars, as the Secretary of State may from time to time determine.
The subsidy shall be paid by the Secretary of State at such times and in such manner as the Treasury may direct and subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.
In the provisions of this Part relating to slum clearance subsidy “year” means financial year.
The method of determining whether an authority have incurred a loss in connection with the exercise of their slum clearance functions, and the amount of the loss, shall be prescribed by regulations made by the Secretary of State with the concurrence of the Treasury.
Schedule 12 has effect with respect to the provision which may be made by the regulations.
The regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The amount of subsidy payable to an authority for a year shall be calculated to the nearest pound, by disregarding an odd amount of 50 pence or less and treating an odd amount exceeding 50 pence as a whole pound.
The Secretary of State may direct that the provisions of this Part relating to slum clearance subsidy apply to a local housing authority subject to modifications.
The modifications may not increase the sums payable to the authority by way of slum clearance subsidy.
A direction may be a general direction or a direction for a particular case, and may be given for a period or subject to conditions.
The modifications, and where applicable the period for which the direction is given and any conditions subject to which it is given, shall be specified in the direction.
A direction may be revoked by the Secretary of State or varied by a further direction.
If a person, after receiving notice of the intended action— a magistrates’ court may order him to permit to be done on the premises all things requisite for carrying into effect those provisions.
being the occupier of premises, prevents the owner . . . of the premises, or his officers, servants or agents, from carrying into effect with respect to the premises any of the provisions of this Part, or
being the occupier, or owner of premises, prevents an officer, servant or agent of the local housing authority from so doing,
A person who fails to comply with an order of the court under this section commits a summary offence and is liable on conviction to a fine not exceeding £20 in respect of each day during which the failure continues.
If it appears to a magistrates’ court on the application of an owner of premises in respect of which a demolition order . . . has been made, that owing to the default of another owner of the premises in demolishing the premises, the interests of the applicant will be prejudiced, the court may make an order empowering the applicant forthwith to enter on the premises, and, within a period fixed by the order, demolish them.
Where the court makes an order under subsection (1), the court may, where it seems to the court just to do so, make a like order in favour of any other owner.
Before an order is made under this section, notice of the application shall be given to the local housing authority.
Where premises in respect of which a demolition . . . order under this Part has become operative form the subject matter of a lease, the lessor or the lessee may apply to the appropriate tribunal for an order determining or varying the lease.
On the application the tribunal may make such an order if it thinks fit, after giving any sub-lessee an opportunity of being heard.
The order may be unconditional or subject to such terms and conditions (including conditions with respect to the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise) as the tribunal may think just and equitable to impose, having regard to the respective rights, obligations and liabilities of the parties under the lease and to all the other circumstances of the case.
In this section “lessor” and “lessee” include a person deriving title under a lessor or lessee.
Where on an application made by a person entitled to any interest in land used in whole or in part as a site for dwellings or houses in multiple occupation or both the appropriate tribunal is satisfied— the tribunal may make an order empowering the applicant forthwith to enter on the land and within a period fixed by the order execute such works as may be necessary.
that the premises on the land are, or are likely to become, dangerous or harmful to health or safety and the interests of the applicant are thereby prejudiced, or
that the applicant should be entrusted with the carrying out of a scheme of improvement or reconstruction approved by the local housing authority,
Where the tribunal makes such an order, it may order that any lease held from the applicant and any derivative lease shall be determined, subject to such conditions and the payment of such compensation as the court may think just.
The tribunal shall include in its order provisions to secure that the proposed works are carried out and may authorise the local housing authority to exercise such supervision or take such action as may be necessary for the purpose.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving seven days notice of his intention to the occupier, and to the owner if the owner is known, enter premises—
for the purpose of survey and examination where it appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises; or
for the purpose of survey and examination where a demolition . . . order, . . . , has been made in respect of the premises; or
for the purpose of survey or valuation where the authority are authorised by this Part to purchase the premises compulsorily.
An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.
It is a summary offence intentionally to obstruct an officer of the local housing authority or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.
A person committing such an offence is liable on conviction to a fine not exceeding level 3 on the standard scale.
In this Part the following expressions have the same meaning as in Part 1 of the Housing Act 2004 (see sections 1(5) to (7) and 2(1) of that Act)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to demolish or reconstruct the building or part of the building comprising the dwelling-house, or
A person to whom this section applies has the preserved right to buy a relevant dwelling-house in England so long as he occupies the relevant dwelling-house as his only or principal home, subject to the following provisions of this Part.
to carry out work on that building or on land let together with, and thus treated as part of, the dwelling-house,
A person to whom this section applies ceases to have the preserved right to buy if the tenancy of a relevant dwelling-house becomes a demoted tenancy by virtue of a demotion order under section 6A of the Housing Act 1988.
References in this Part to a “qualifying person” and “qualifying dwelling-house”, in relation to the preserved right to buy, are to a person who has that right and to a dwelling-house in relation to which a person has that right.
The following are the persons to whom this section applies—
the former secure tenant, or in the case of a joint tenancy, each of them;
a qualifying successor as defined in subsection (4); and
a person to whom a tenancy of a dwelling-house is granted jointly with a person who has the preserved right to buy in relation to that dwelling-house.
The following are qualifying successors for this purpose—
where the former secure tenancy was not a joint tenancy and, immediately before his death, the former secure tenant was tenant under an assured tenancy of a dwelling-house in relation to which he had the preserved right to buy, a member of the former secure tenant’s family who acquired that assured tenancy under the will or intestacy of the former secure tenant or in whom that assured tenancy vested under section 17 of the Housing Act 1988 (statutory succession to assured tenancy);
where the former secure tenancy was not a joint tenancy, a member of the former secure tenant’s family to whom the former secure tenant assigned his assured tenancy of a dwelling-house in relation to which, immediately before the assignment, he had the preserved right to buy
a person who becomes the tenant of a dwelling-house in pursuance of— in place of a person who had the preserved right to buy in relation to that dwelling-house.
a property adjustment order undersection 23A or 24 of the Matrimonial Causes Act 1973, or
an order under Schedule 1 to the Matrimonial Homes Act 1983 or Schedule 7 to the Family Law Act 1996 transferring the tenancy, or
a property adjustment order under section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), or
an order under paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents), or
an order under Part 2 of Schedule 5, or a property adjustment order under paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.),
The relevant dwelling-house is in the first instance—
in relation to a person within paragraph (a) subsection (3), the dwelling-house which was the subject of the qualifying disposal;
in relation to a person within paragraph (b) of that subsection, the dwelling-house of which he became the statutory tenant or tenant as mentioned in subsection (4);
in relation to a person within paragraph (c) of subsection (3), the dwelling-house of which he became a joint tenant as mentioned in that paragraph.
If a person having the preserved right to buy becomes the tenant of another dwelling-house in England in place of the relevant dwelling-house (whether the new dwelling-house is entirely different or partly or substantially the same as the previous dwelling-house) and the landlord is the same person as the landlord of the previous dwelling-house or, where that landlord was a company, is a connected company, the new dwelling-house becomes the relevant dwelling-house for the purposes of the preserved right to buy.
In this Part—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
persons whose employment or latest employment is or was employment in agriculture or in an industry mainly dependent on agriculture, and
the dependents of those persons;
This Part applies to unoccupied HMO accommodation (as defined by section 1(5) of the Housing Act 2004) as it applies to a house in multiple occupation, and references to a house in multiple occupation in this Part are to be read accordingly.
In this Part “appropriate tribunal” means—
in relation to premises in England the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and
in relation to premises in Wales, a residential property tribunal.
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 or paragraph):— appropriate tribunal section 322 assured agricultural occupancy section 622 assured tenancy section 622 building containing one or more flats section 322 category 1 hazard section 322 category 2 hazard section 322 clearance area section 289(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . common parts section 322 demolition order section 267(1) district (of a local housing authority) section 2(1) dwelling section 322 dwelling house sections 266 and 322 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . flat section 322 . . . . . . . . . . . . hazard section 322 health section 322 house in multiple occupation section 322 . . . . . . lease, lessee and lessor section 621 listed building section 303 local housing authority section 1, 2(2) . . . . . . . . . . . . owner (of premises) section 322 . . . . . . premises section 322 prescribed section 614 reasonable expense section 321 rehabilitation order Schedule 11 the Rent Acts section 622 residential property tribunal section 229 of the Housing Act 2004 . . . . . . . . . . . . standard scale (in reference to the maximum fine on summary conviction) section 622 underground room section 280 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A dwelling is overcrowded for the purposes of this Part when the number of persons sleeping in the dwelling is such as to contravene—
the standard specified in section 325 (the room standard), or
the standard specified in section 326 (the space standard).
The room standard is contravened when the number of persons sleeping in a dwelling and the number of rooms available as sleeping accommodation is such that two persons of opposite sexes who are not living together as a married couple or civil partners must sleep in the same room.
For this purpose—
children under the age of ten shall be left out of account, and
a room is available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom or as a living room.
The space standard is contravened when the number of persons sleeping in a dwelling is in excess of the permitted number, having regard to the number and floor area of the rooms of the dwelling available as sleeping accommodation.
For this purpose—
no account shall be taken of a child under the age of one and a child aged one or over but under ten shall be reckoned as one-half of a unit, and
a room is available as sleeping accommodation if it is of a type normally used in the locality either as a living room or as a bedroom.
The permitted number of persons in relation to a dwelling is whichever is the less of— No account shall be taken for the purposes of either Table of a room having a floor area of less than 50 square feet. Number of rooms Number of persons 1 2 2 3 3 5 4 7½ 5 or more 2 for each room Floor area of room Number of persons 110 sq. ft. or more 2 90 sq. ft. or more but less than 110 sq.ft. 1½ 70 sq. ft. or more but less than 90 sq. ft. 1 50 sq. ft. or more but less than 70 sq. ft. ½
the number specified in Table I in relation to the number of rooms in the dwelling available as sleeping accommodation, and
the aggregate for all such rooms in the dwelling of the numbers specified in column 2 of Table II in relation to each room of the floor area specified in column 1
The Secretary of State may by regulations prescribe the manner in which the floor area of a room is to be ascertained for the purposes of this section; and the regulations may provide for the exclusion from computation, or the bringing into computation at a reduced figure, of floor space in a part of the room which is of less than a specified height not exceeding eight feet.
Regulations under subsection (4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A certificate of the local housing authority stating the number and floor areas of the rooms in a dwelling, and that the floor areas have been ascertained in the prescribed manner, is prima facie evidence for the purposes of legal proceedings of the facts stated in it.
The occupier of a dwelling who causes or permits it to be overcrowded commits a summary offence, subject to subsection (2).
The occupier is not guilty of an offence—
if the overcrowding is within the exceptions specified in section 328 or 329 (children attaining age of 10 or visiting relatives), or
by reason of anything done under the authority of, and in accordance with any conditions specified in, a licence granted by the local housing authority under section 330.
A person committing an offence under this section is liable on conviction to a fine not exceeding level 2 on the standard scale and to a further fine not exceeding one-tenth of the amount corresponding to that level in respect of every day subsequent to the date on which he is convicted on which the offence continues.
Where a dwelling which would not otherwise be overcrowded becomes overcrowded by reason of a child attaining the age of one or ten, then if the occupier— he does not commit an offence under section 327 (occupier causing or permitting overcrowding), so long as the condition in subsection (2) is met and the occupier does not fail to take action in the circumstances specified in subsection (3).
applies to the local housing authority for suitable alternative accommodation, or
has so applied before the date when the child attained the age in question,
The condition is that all the persons sleeping in the dwelling are persons who were living there when the child attained that age and thereafter continuously live there, or children born after that date of any of those persons.
The exception provided by this section ceases to apply if—
suitable alternative accommodation is offered to the occupier on or after the date on which the child attains that age, or, if he has applied before that date, is offered at any time after the application, and he fails to accept it, or
the removal from the dwelling of some person not a member of the occupier’s family is on that date or thereafter becomes reasonably practicable having regard to all the circumstances (including the availability of suitable alternative accommodation for that person and the occupier fails to require his removal.
Where the persons sleeping in an overcrowded dwelling include a member of the occupier’s family who does not live there but is sleeping there temporarily, the occupier is not guilty of an offence under section 327 (occupier causing or permitting overcrowding) unless the circumstances are such that he would be so guilty if that member of his family were not sleeping there.
The occupier or intending occupier of a dwelling may apply to the local housing authority for a licence authorising him to permit a number of persons in excess of the permitted number to sleep in the dwelling.
The authority may grant such a licence if it appears to them that there are exceptional circumstances (which may include a seasonal increase of population) and that it is expedient to do so; and they shall specify in the licence the number of persons authorised in excess of the permitted number.
The licence shall be in the prescribed form and may be granted either unconditionally or subject to conditions specified in it.
The local housing authority may revoke the licence at their discretion by notice in writing served on the occupier and specifying a period (at least one month from the date of service) at the end of which the licence will cease to be in force.
Unless previously revoked, the licence continues in force for such period not exceeding twelve months as may be specified in it.
A copy of the licence and of any notice of revocation shall, within seven days of the issue of the licence or the service of the notice on the occupier, be served by the local housing authority on the landlord (if any) of the dwelling.
The landlord of a dwelling commits a summary offence if he causes or permits it to be overcrowded.
He shall be deemed to cause or permit it to be overcrowded in the following circumstances, and not otherwise—
if he or a person effecting the letting on his behalf had reasonable cause to believe that the dwelling would become overcrowded in circumstances rendering the occupier guilty of an offence;
if he or a person effecting the letting on his behalf failed to make inquiries of the proposed occupier as to the number, age and sex of the persons who would be allowed to sleep in the dwelling;
if notice is served on him or his agent by the local housing authority that the dwelling is overcrowded in such circumstances as to render the occupier guilty of an offence and he fails to take such steps as are reasonably open to him for securing the abatement of the overcrowding, including if necessary legal proceedings for possession of the dwelling.
A person committing an offence under this section is liable on conviction to a fine not exceeding level 2 on the standard scale and to a further fine not exceeding one-tenth of the amount corresponding to that level in respect of every day subsequent to the day on which he is convicted on which the offence continues.
Every rent book or similar document used in relation to a dwelling by or on behalf of the landlord shall contain—
a summary in the prescribed form of the preceding provisions of this Part, and
a statement of the permitted number of persons in relation to the dwelling.
If a rent book or similar document not containing such a summary and statement is used by or on behalf of the landlord, the landlord is guilty of a summary offence and liable on conviction to a fine not exceeding level 1 on the standard scale.
The local housing authority shall on the application of the landlord or the occupier of a dwelling inform him in writing of the permitted number of persons in relation to the dwelling; and a statement inserted in a rent book or similar document which agrees with information so given shall be deemed to be a sufficient and correct statement.
Where it comes to the knowledge of the landlord of a dwelling, or of his agent, that the dwelling is overcrowded, then, except in the cases mentioned in subsection (2), the landlord or, as the case may be, the agent shall give notice of the fact of overcrowding to the local housing authority within seven days after that fact first comes to his knowledge.
The obligation to notify does not arise in the case of overcrowding which—
has already been notified to the local housing authority,
has been notified to the landlord or his agent by the local housing authority, or
is constituted by the use of the dwelling for sleeping by such number of persons as the occupier is authorised to permit to sleep there by a licence in force under section 330 (licence of local housing authority).
A landlord or agent who fails to give notice in accordance with this section commits a summary offence and is liable on conviction to a fine not exceeding level 1 on the standard scale.
If it appears to the local housing authority that occasion has arisen for a report on overcrowding in their district or part of it, or if the Secretary of State so directs, the authority shall—
cause an inspection to be made,
prepare and submit to the Secretary of State a report showing the result of the inspection and the number of new dwellings required in order to abate the overcrowding, and
unless they are satisfied that the dwellings will be otherwise provided, prepare and submit to the Secretary of State proposals for providing the required number of new dwellings.
Where the Secretary of State gives a direction under subsection (1), he may after consultation with the local housing authority fix dates before which the performance of their functions under that subsection is to be completed.
The local housing authority may, for the purpose of enabling them to discharge their duties under this Part, serve notice on the occupier of a dwelling requiring him to give them within 14 days a written statement of the number, ages and sexes of the persons sleeping in the dwelling.
The occupier commits a summary offence if— and is liable on conviction to a fine not exceeding level 1 on the standard scale.
he makes default in complying with the requirement, or
he gives a statement which to his knowledge is false in a material particular,
A duly authorised officer of the local housing authority may require an occupier of a dwelling to produce for inspection any rent book or similar document which is being used in relation to the dwelling and is in his custody or under his control.
On being so required, or within seven days thereafter, the occupier shall produce any such book or document to the officer or at the offices of the authority.
An occupier who fails to do so commits a summary offence and is liable on conviction to a fine not exceeding level 1 on the standard scale.
A person authorised by the local housing authority may at any reasonable time, on giving 24 hours’ notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of measuring the rooms of a dwelling in order to ascertain for the purposes of this Part the number of persons permitted to use the dwelling for sleeping.
An authorisation for the purposes of this section shall be in writing stating the particular purpose for which the entry is authorised.
Where a dwelling is overcrowded in circumstances such as to render the occupier guilty of an offence, the local housing authority may serve on the occupier notice in writing requiring him to abate the overcrowding within 14 days from the date of service of the notice.
If at any time within three months from the end of that period— the local housing authority may apply to the county court which shall order vacant possession of the dwelling to be given to the landlord within such period, not less than 14 or more than 28 days, as the court may determine.
the dwelling is in the occupation of the person on whom the notice was served or of a member of his family, and
it is overcrowded in circumstances such as to render the occupier guilty of an offence,
Expenses incurred by the local housing authority under this section in securing the giving of possession of a dwelling to the landlord may be recovered by them from him by action.
The local housing authority shall enforce the provisions of this Part.
A prosecution for an offence against those provisions may be brought only—
by the local housing authority,or
in the case of a prosecution against the authority themselves, with the consent of the Attorney General.
A person authorised by the local housing authority may at all reasonable times, on giving 24 hours’ notice to the occupier, and to the owner if the owner is known, enter any premises for the purpose of survey and examination where it appears to the authority that survey or examination is necessary in order to determine whether any powers under this Part should be exercised.
An authorisation for the purposes of this section shall be in writing stating the particular purpose for which it is given and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.
It is a summary offence intentionally to obstruct an officer of the local housing authority, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.
A person committing such an offence is liable on conviction to a fine not exceeding level 3 on the standard scale.
In this Part “suitable alternative accommodation”, in relation to the occupier of a dwelling, means a dwelling as to which the following conditions are satisfied—
he and his family can live in it without causing it to be overcrowded;
it is certified by the local housing authority to be suitable to his needs and those of his family as respects security of tenure, proximity to place of work and otherwise, and to be suitable in relation to his means;
where the dwelling belongs to the local housing authority, it is certified by them to be suitable to his needs and those of his family as respects accommodation.
For the purpose of subsection (1)(c) a dwelling containing two bedrooms shall be treated as providing accommodation for four persons, a dwelling containing three bedrooms shall be treated as providing accommodation for five persons and a dwelling containing four bedrooms shall be treated as providing accommodation for seven persons.
In this Part—
means a person who collects rent in respect of the dwelling on behalf of the landlord, or is authorised by him to do so, and
in the case of a dwelling occupied under a contract of employment under which the provision of the dwelling for his occupation forms part of the occupier’s remuneration, includes a person who pays remuneration on behalf of the employer, or is authorised by him to do so;
Means the immediate landlord of an occupier of the dwelling, and
in the case of a dwelling occupied under a contract of employment under which the provision of the dwelling for his occupation forms part of the occupier’s remuneration, includes the occupier’s employer;
means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple, whether in possession or in reversion, and
includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years.
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 or paragraph):— agent (in relation to the landlord of a dwelling) section 343 district (of a local housing authority) section 2(1) dwelling section 343 landlord sections 343 and 621 local housing authority section 1, 2(2) overcrowding (and related expressions) section 324 owner section 343 permitted number (of persons sleeping in a dwelling) section 326 prescribed section 614 standard scale (in reference to the maximum fine on summary conviction) section 622 suitable alternative accommodation section 342
In this Part “house in multiple occupation” means a house which is occupied by persons who do not form a single household.
For the purposes of this section “house”, in the expression “house in multiple occupation”, includes any part of a building which— and any reference in this Part to a flat in multiple occupation is a reference to a part of a building which, whether by virtue of this subsection or without regard to it, constitutes a house in multiple occupation.
apart from this subsection would not be regarded as a house; and
was originally constructed or subsequently adapted for occupation by a single household;
A local housing authority may make a registration scheme authorising the authority to compile and maintain a register for their district of houses in multiple occupation.
houses in multiple occupation, and
buildings which comprise separate dwellings, two or more of which do not have a sanitary convenience and personal washing facilities accessible only to those living in the dwelling;
A registration scheme need not be for the whole of the authority’s district and need not apply to every description of house in multiple occupation.
A registration scheme may vary or revoke a previous registration scheme; and the local housing authority may at any time by order revoke a registration scheme.
specify the particulars to be inserted in the register,
make it the duty of such persons as may be specified by the scheme to notify the authority of the fact that a house or building appears to be registrable and to give the authority as regards such a house or building all or any of the particulars specified in the scheme,
make it the duty of such persons as may be specified by the scheme to notify the authority of any change which makes it necessary to alter the particulars inserted in the register as regards a house or building.
A registration scheme shall not come into force before it has been confirmed but subject to that comes into force on such date as may be fixed by the scheme or, if no date is so fixed, at the expiration of one month after it is confirmed.
A registration scheme may vary or revoke a previous registration scheme; and the local housing authority may at any time, with the consent of the Secretary of State, by order revoke a registration scheme.
A person who contravenes or fails to comply with a provision of a registration scheme commits a summary offence and is liable on conviction to a fine not exceeding, except in a case within section 347(4) (which relates to the contravention of certain control provisions), level 2 on the standard scale.
A registration scheme may contain control provisions, that is to say, provisions for preventing multiple occupation of a house unless—
the house is registered, and
the number of households or persons occupying it does not exceed the number registered for it.
Control provisions may prohibit persons from permitting others to take up residence in a house or part of a house but shall not prohibit a person from taking up or remaining in residence in the house.
Control provisions shall not prevent the occupation of a house by a greater number of households or persons than the number registered for it if all of those households or persons have been in occupation of the house without interruption since before the number was first registered.
where the persons occupying the house form only two households, or
where, apart from one household (if any), the house is occupied by no more than four persons;
A person convicted of an offence under section 346(6) (contravention or failure to comply with provisions of registration scheme) consisting of a contravention of so much of control provisions as relates— is liable to a fine not exceeding level 4 on the standard scale.
to occupation to a greater extent than permitted under those provisions of a house which is not registered, or
to occupation of a house which is registered by more households or persons than the registration permits,
A registration scheme shall make it the duty of such person as may be specified by the scheme to register a house to which the scheme applies and to renew the registration as and when required by the scheme.
A registration scheme shall provide that registration under the scheme—
shall be for a period of five years from the date of first registration, and
may on application be renewed, subject to such conditions as are specified in the scheme, for further periods of five years at a time.
A registration scheme may—
specify the particulars to be inserted in the register,
make it the duty of such persons as may be specified by the scheme to give the authority as regards a house all or any of the particulars specified in the scheme,
make it the duty of such persons as may be specified by the scheme to notify the authority of any change which makes it necessary to alter the particulars inserted in the register as regards a house.
A registration scheme shall, subject to subsection (5)—
require the payment on first registration of a reasonable fee of an amount determined by the local housing authority, and
require the payment on any renewal of registration of half the fee which would then have been payable on a first registration of the house.
The Secretary of State may by order make provision as to the fee payable on registration—
specifying the maximum permissible fee (whether by specifying an amount or a method for calculating an amount), and
specifying cases in which no fee is payable.
An order under subsection (5)—
may make different provision with respect to different cases or descriptions of case (including different provision for different areas), and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Control provisions may enable the local housing authority, on an application for first registration of a house or a renewal or variation of registration—
to refuse the application on the ground that the house is unsuitable and incapable of being made suitable for such occupation as would be permitted if the application were granted;
to refuse the application on the ground that the person having control of the house or the person intended to be the person managing the house is not a fit and proper person;
to require as a condition of granting the application that such works as will make the house suitable for such occupation as would be permitted if the application were granted are executed within such time as the authority may determine;
to impose such conditions relating to the management of the house during the period of registration as the authority may determine.
Control provisions shall provide that the local housing authority shall give an applicant a written statement of their reasons where they—
refuse to grant his application for first registration or for a renewal or variation of registration,
require the execution of works as a condition of granting such an application, or
impose conditions relating to the management of the house.
Where the local housing authority— the applicant may, within 21 days of being so notified or of the end of the period mentioned in paragraph (d), or such longer period as the authority may in writing allow, appeal to the county court.
notify an applicant that they refuse to grant his application for first registration or for the renewal or variation of a registration,
notify an applicant that they require the execution of works as a condition of granting such an application,
notify an applicant that they intend to impose conditions relating to the management of the house, or
do not within five weeks of receiving the application, or such longer period as may be agreed in writing between the authority and the applicant, register the house or vary or renew the registration in accordance with the application,
On appeal the court may confirm, reverse or vary the decision of the authority.
Where the decision of the authority was a refusal— the court may direct the authority to grant the application as made or as varied in such manner as the court may direct.
to grant an application for first registration of a house, or
for the renewal or variation of the registration,
For the purposes of subsections (4) and (5) an appeal under subsection (3)(d) shall be treated as an appeal against a decision of the authority to refuse the application.
Where the decision of the authority was to impose conditions relating to the management of the house, the court may direct the authority to grant the application without imposing the conditions or to impose the conditions as varied in such manner as the court may direct.
The Secretary of State may prepare model registration schemes.
Model registration schemes may be prepared with or without control provisions (see section 347) or special control provisions (see section 348B); and different model schemes may be prepared for different descriptions of authorities and for different areas.
A registration scheme which conforms to a model scheme—
does not require confirmation by the Secretary of State, and
comes into force on such date (at least one month after the making of the scheme) as may be specified in the scheme.
Any other registration scheme does not come into force unless and until confirmed by the Secretary of State.
The Secretary of State may if he thinks fit confirm such a scheme with or without modifications.
A scheme requiring confirmation shall not come into force before it has been confirmed but, subject to that, comes into force on such date as may be specified in the scheme or, if no date is specified, one month after it is confirmed.
Where a local housing authority intend to make a registration scheme which does not require confirmation by the Secretary of State, they shall publish notice of their intention at least one month before the scheme is made. As soon as the scheme is made, the local housing authority shall publish a notice stating—
that a registration scheme which does not require confirmation has been made, and
the date on which the scheme is to come into force.
Where a local housing authority intend to submit to the Secretary of State a registration scheme which requires his confirmation, they shall publish notice of their intention at least one month before the scheme is submitted. As soon as the scheme is confirmed, the local housing authority shall publish a notice stating—
that a registration scheme has been confirmed, and
the date on which the scheme is to come into force.
naming a place where a copy of the scheme may be seen at all reasonable hours.
A notice under subsection (1) or (2) of the authority’s intention to make a scheme or submit a scheme for confirmation shall—
describe any steps which will have to be taken under the scheme by those concerned with registrable houses (other than steps which have only to be taken after a notice from the authority), and
name a place where a copy of the scheme may be seen at all reasonable hours.
After publication of notice under subsection (1) or (2) that a registration scheme has been made or confirmed, and for as long as the scheme is in force, the local housing authority—
shall keep a copy of the scheme, and of the register, available for public inspection at the offices of the authority free of charge at all reasonable hours, and
on request, and on payment of such reasonable fee as the authority may require, shall supply a copy of the scheme or the register, or of any entry in the register, to any person.
If the local housing authority revoke a registration scheme by order they shall publish notice of the order.
In this section “publish” means publish in one or more newspapers circulating in the district of the local housing authority concerned.
The local housing authority may— require the person having control of the house or the person managing the house or any person who has an estate or interest in, or who lives in, the house . . . to state in writing any information in his possession which the authority may reasonably require for that purpose.
for the purpose of ascertaining whether a house . . . is registrable, and
for the purpose of ascertaining the particulars to be entered in the register as regards a house . . . ,
A person who, having been required in pursuance of this section to give information to a local housing authority, fails to give the information, or knowingly makes a mis-statement in respect of it, commits a summary offence and is liable on conviction to a fine not exceeding
level 3 on the standard scale in the case of such a failure; or
level 5 on the standard scale in the case of such a mis-statement.
If there is produced a printed copy of a registration scheme purporting to be made by a local housing authority, upon which there is endorsed a certificate purporting to be signed by the proper officer of the authority stating— the certificate is prima facie evidence of the facts so stated without proof of the handwriting or official position of the person by whom it purports to be signed.
that the scheme was made by the authority,
that the copy is a true copy of the scheme, and
that the scheme did not require confirmation by the Secretary of State orthat on a specified date the scheme was confirmed by the Secretary of State,
A document purporting to be a copy of an entry in a register kept under a registration scheme and to be certified as a true copy by the proper officer of the authority is prima facie evidence of the entry without proof of the handwriting or official position of the person by whom it purports to be signed.
Control provisions may enable the local housing authority at any time during a period of registration (whether or not an application has been made)—
to alter the number of households or persons for which a house is registered or revoke the registration on the ground that the house is unsuitable and incapable of being made suitable for such occupation as is permitted by virtue of the registration; or
to alter the number of households or persons for which a house is registered or revoke the registration unless such works are executed within a specified time as will make the house in question suitable for such occupation as is permitted by virtue of the registration.
Control provisions which confer on a local housing authority any such power as is mentioned in subsection (1) shall provide that the authority shall, in deciding whether to exercise the power, apply the same standards in relation to the circumstances existing at the time of the decision as were applied at the beginning of the period of registration.
Control provisions may enable the local housing authority to revoke a registration if they consider that—
the person having control of the house or the person managing it is not a fit and proper person, or
there has been a breach of conditions relating to the management of the house.
Control provisions shall also provide that the local housing authority shall—
notify the person having control of a house and the person managing it of any decision by the authority to exercise a power mentioned in subsection (1) or (3) in relation to the house, and
at the same time give them a written statement of the authority’s reasons.
A person who has been so notified may within 21 days of being so notified, or such longer period as the authority may in writing allow, appeal to the county court.
On appeal the court may confirm, reverse or vary the decision of the authority.
A registration scheme which contains control provisions may also contain special control provisions, that is, provisions for preventing houses in multiple occupation, by reason of their existence or the behaviour of their residents, from adversely affecting the amenity or character of the area in which they are situated.
Special control provisions may provide for the refusal or revocation of registration, for reducing the number of households or persons for which a house is registered and for imposing conditions of registration.
The conditions of registration may include conditions relating to the management of the house or the behaviour of its occupants.
Special control provisions may authorise the revocation of registration in the case of— which is due to a relevant management failure.
occupation of the house by more households or persons than the registration permits, or
a breach of any condition imposed in pursuance of the special control provisions,
Special control provisions shall not authorise the refusal of— unless there has been a relevant management failure.
an application for first registration of a house which has been in operation as a house in multiple occupation since before the introduction by the local housing authority of a registration scheme with special control provisions, or
any application for renewal of registration of a house previously registered under such a scheme,
Special control provisions may provide that in any other case where an application is made for first registration of a house the local housing authority may take into account the number of houses in multiple occupation in the vicinity in deciding whether to permit or refuse registration.
Special control provisions shall provide that the local housing authority shall give a written statement of their reasons to the applicant where they refuse to grant his application for first registration, or for a renewal or variation of a registration, or impose conditions of registration on such an application.
Special control provisions shall provide that the authority shall give written notice to the person having control of the house and the person managing it of any decision by the authority— and at the same time give them a written statement of the authority’s reasons.
to vary the conditions of registration (otherwise than on an application to which subsection (1) applies), or
to revoke the registration of the house,
Where in accordance with special control provisions the local housing authority— that person may, within 21 days of being so notified, or such longer period as the authority may in writing allow, appeal to the county court.
notify an applicant that they refuse to grant his application for first registration or for the renewal or variation of a registration,
notify such an applicant of the imposition of conditions of registration, or
give notice to the person having control or the person managing the house of any such decision as is mentioned in subsection (2),
If on appeal it appears to the court— the court may reverse or vary the decision of the authority.
that there has been any informality, defect or error in, or in connection with, the authority’s decision, or
that the authority acted unreasonably,
In so far as an appeal is based on the ground mentioned in subsection (4)(a), the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
Where the decision of the authority was a refusal— the court may direct the authority to grant the application as made or as varied in such manner as the court may direct.
to grant an application for first registration of a house, or
for the renewal or variation of the registration,
Where the decision of the authority was to impose conditions of registration, the court may direct the authority to grant the application without imposing the conditions or to impose the conditions as varied in such manner as the court may direct.
Special control provisions may provide that where the local housing authority decide that the registration of a house should be revoked the authority may direct that the level of occupation of the house be reduced, within such period of not less than 28 days as they may direct, to a level such that the registration scheme does not apply. Such a direction is referred to in this Part as an “occupancy direction”.
Special control provisions shall provide that the authority shall only make an occupancy direction if it appears to the authority that there has been a relevant management failure resulting in a serious adverse effect on the amenity or character of the area in which the house is situated.
In considering whether to make an occupancy direction the authority shall take into account the interests of the occupants of the house and the person having control of the house as well as the interests of local residents and businesses.
Special control provisions may require the person having control of the house, and the person managing it, to take all reasonably practicable steps to comply with an occupancy direction.
Nothing in Part I of the Housing Act 1988 prevents possession being obtained by any person in order to comply with an occupancy direction.
Nothing in this section affects any liability in respect of any other contravention or failure to comply with control provisions or special control provisions.
Special control provisions shall provide that where the local housing authority make an occupancy direction in respect of a house they shall give written notice of the direction to the person having control of the house and the person managing it and at the same time give them a written statement of the authority’s reasons.
A person aggrieved by an occupancy direction may, within 21 days after the date of the service of notice as mentioned in subsection (1), appeal to the county court.
If on appeal it appears to the court— the court may make such order either confirming, quashing or varying the notice as it thinks fit.
that there has been any informality, defect or error in, or in connection with, the authority’s decision, or
that the authority acted unreasonably,
In so far as an appeal is based on the ground mentioned in subsection (3)(a), the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
If an appeal is brought the direction does not become operative until—
a decision on the appeal confirming the direction (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or
if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the direction (with or without variation).
For this purpose the withdrawal of an appeal has the same effect as a decision confirming the direction or decision appealed against.
A “relevant management failure” for the purposes of sections 348B to 348E (special control provisions) means a failure on the part of the person having control of, or the person managing, a house in multiple occupation to take such steps as are reasonably practicable to prevent the existence of the house or the behaviour of its residents from adversely affecting the amenity or character of the area in which the house is situated, or to reduce any such adverse effect.
A person who contravenes or fails to comply with a provision of a registration scheme commits an offence.
A person who commits an offence under this section consisting of a contravention of so much of control provisions as relates— is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
to occupation to a greater extent than permitted under those provisions of a house which is not registered, or
to occupation of a house which is registered by more households or persons than the registration permits,
A person who commits an offence under this section consisting of a contravention of so much of special control provisions as requires all reasonably practicable steps to be taken to comply with an occupancy direction is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A person who commits any other offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Subject to section 365 the local housing authority may serve a notice under this section where in the opinion of the authority, a house in multiple occupation fails to meet one or more of the requirements in paragraphs (a) to (e) of subsection (1A) and, having regard to the number of individuals or households or both for the time being accommodated on the premises, by reason of that failure the premises are not reasonably suitable for occupation by those individuals or households.
Subject to subsection (2A) the notice shall specify the works which in the opinion of the authority are required for rendering the house reasonably suitable—
for occupation by the individuals and households for the time being accommodated there, or
for a smaller number of individuals or households and the number of individuals or households, or both, which, in the opinion of the authority, the house could reasonably accommodate if the works were carried out but the notice shall not specify any works to any premises outside the house.
The requirements in respect of a house in multiple occupation referred to in subsection (1) are the following, that is to say,—
there are satisfactory facilities for the storage, preparation and cooking of food including an adequate number of sinks with a satisfactory supply of hot and cold water;
it has an adequate number of suitably located water-closets for the exclusive use of the occupants;
it has, for the exclusive use of the occupants, an adequate number of suitably located fixed baths or showers and wash-hand basins each of which is provided with a satisfactory supply of hot and cold water;
subject to section 365, there are adequate means of escape from fire: and
there are adequate other fire precautions.
The notice may be served— and the authority shall inform any other person who is to their knowledge an owner, lessee occupier or mortgagee of the house of the fact that the notice has been served.
on the person having control of the house, or
on the person managing the house;
The notice shall require the person on whom it is served to execute the works specified in the notice as follows, namely,—
to begin those works not later than such reasonable date, being not earlier than the twenty-first day after the date of service of the notice, as is specified in the notice; and
to complete those works within such reasonable period as is so specified.
Where the authority have exercised or propose to exercise their powers under section 368 to secure that part of the house is not used for human habitation, they may specify in the notice such work only as in their opinion is required to meet such of the requirements in subsection (1A) as may be applicable if that part is not so used.
If the authority are satisfied that— they may withdraw the notice by notifying that fact in writing to the person on whom the notice was served, but without prejudice to the issue of a further notice.
after the service of a notice under this section the number of individuals living on the premises has been reduced to a level which will make the works specified in the notice unnecessary, and
that number will be maintained at or below that level, whether in consequence of the exercise of the authority’s powers under section 354 (power to limit number of occupants of house) or otherwise,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
are occupied by persons who do not form a single household, or
do not have a sanitary convenience and personal washing facilities accessible only to those living in the dwelling.
A notice served under this section is a local land charge.
Each local housing authority shall—
maintain a register of notices served by the authority under subsection (1) after the coming into force of this subsection;
ensure the register is open to inspection by the public free of charge at all reasonable hours; and
on request, and on payment of any such reasonable fee as the authority may require, supply copies of entries in the register to any person.
Where a local housing authority serve a notice under this section in respect of any of the requirements specified in subsection (1A), and the works specified in the notice are carried out, whether by the person on whom the notice was served or by the local housing authority under section 375, the authority shall not, within the period of five years from the service of the notice, serve another notice under this section in respect of the same requirement unless they consider that there has been a change of circumstances in relation to the premises.
Such a change may, in particular, relate to the condition of the premises or the availability or use of the facilities mentioned in subsection (1A).
A person on whom a notice is served under section 352 (notice requiring works to render premises fit for number of occupants), or any other person who is an owner, lessee or mortgagee of the premises to which the notice relates, may, within 21 days from the service of the notice or such longer period as the local housing authority may in writing allow, appeal to the county court.
The appeal may be on any of the following grounds—
that the condition of the premises did not justify the authority, having regard to the requirements set out in subsection (1A) of that section, in requiring the execution of the works specified in the notice;
in the case of a notice under subsection (2)(b) of that section (notice requiring works to render premises fit for smaller number of occupants), that the number of individuals or households, or both, specified in the notice is unreasonably low;
that there has been some informality, defect or error in, or in connection with, the notice;
that the authority have refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary;
that the time within which the works are to be executed is not reasonably sufficient for the purpose; or
that the date specified for the beginning of the works is not reasonable
that some other person is wholly or partly responsible for the state of affairs calling for the execution of the works, or will as holder of an estate or interest in the premises derive a benefit from their execution, and ought to pay the whole or a part of the expenses of executing them.
In so far as an appeal is based on the ground mentioned in subsection (2)(c) the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
If on an appeal the court is satisfied that— the court may if it thinks fit revoke the notice or vary the list or works specified in the notice.
the number of persons living in the premises has been reduced, and
adequate steps have been taken (by the exercise of the local housing authority’s powers under section 354 (power to limit number of occupants of house) or otherwise) to prevent that number being again increased.
Where the grounds on which an appeal is brought include the ground mentioned in subsection (2)(f), the court, if satisfied that the other person referred to in the notice of appeal has had proper notice of the appeal, may on the hearing of the appeal make such order as it thinks fit with respect to payment to be made by him to the appelant or, where the works are executed by the local housing authority, to the authority.
Where the court allows an appeal under this section or makes an order under subsection (5), it may make such order as it thinks fit reducing, quashing or requiring the repayment of any charge under section 352A made in respect of the notice to which the appeal relates.
A local housing authority may, as a means of recovering certain administrative and other expenses incurred by them in serving a notice under section 352, make such reasonable charge as they consider appropriate.
The expenses are the expenses incurred in—
determining whether to serve a notice under that section,
identifying the works to be specified in the notice, and
serving the notice.
The amount of the charge shall not exceed such amount as is specified by order of the Secretary of State.
A charge under this section may be recovered by the authority from any person on whom the notice under section 352 is served.
The provisions of Schedule 10 apply to the recovery by the authority of a charge under this section as they apply to the recovery of expenses incurred by the authority under section 375 (expenses of carrying out works required by notice).
An order under this section—
may make different provision with respect to different cases or descriptions of case (including different provision for different areas), and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section has effect subject to any order under section 353(6) (power of court on appeal against s.352 notice).
The local housing authority may, for the purpose of preventing the occurrence of, or remedying, a state of affairs calling for the service of a notice or further notice under section 352 (notice requiring execution of works to render house fit for number of occupants)—
fix as a limit for the house what is in their opinion the highest number of individuals or households, or both, who should, having regard to the requirements set out in subsection (1A) of that section, occupy the house in its existing condition, and
give a direction applying that limit to the house.
The authority may also exercise the powers conferred by subsection (1) in relation to a part of a house; and the authority shall have regard to the desirability of applying separate limits where different parts of a house are, or are likely to be, occupied by different persons.
Not less than seven days before giving a direction under this section, the authority shall— and shall afford to any person on whom a notice is so served an opportunity of making representations regarding their proposal to give the direction.
serve on an owner of the house, and on every person who is to their knowledge a lessee of the house, notice of their intention to give the direction, and
post such a notice in some position in the house where it is accessible to those living in the house,
The authority shall within seven days from the giving of the direction—
serve a copy of the direction on an owner of the house and on every person who is to their knowledge a lessee of the house, and
post a copy of the direction in some position in the house where it is accessible to those living in the house.
A drection may be given notwithstanding the existence of a previous direction laying down a higher maximum for the same house or part of a house.
Where the local housing authority have in pursuance of section 352 served a notice specifying the number of individuals or households, or both, which in the opinion of the authority the house could reasonably accommodate if the works specified in the notice were carried out, the authority may adopt that number in fixing a limit under subsection (1) as respects the house.
The powers conferred by this section—
are exercisable whether or not a notice has been given under section 352, and
are without prejudice to the powers conferred by section 358 (overcrowding notices).
A direction under this section is a local land charge.
Where a direction under section 354 is given (direction limiting number of occupants), it is the duty of— not to permit any individual to take up residence in that house or part unless the number of individuals or households then occupying the house or part would not exceed the limit specified in the direction.
the occupier for the time being of the house, or part of a house, to which the direction relates, and
any other person who is for the time being entitled or authorised to permit individuals to take up residence in that house or part,
A person who knowingly fails to comply with the requirements imposed on him by subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale.
The local housing authority may from time to time serve on the occupier of a house or part of a house in respect of which there is in force a direction under section 354 (direction limiting number of occupants) a notice requiring him to furnish them within seven days with a statement in writing giving all or any of the following particulars—
the number of individuals who are, on a date specified in the notice, living in the house or part of the house, as the case may be;
the number of families or households to which those individuals belong;
the names of those individuals and of the heads of each of those families or households;
the rooms used by those individuals and families or households respectively.
An occupier who makes default in complying with the requirements of a notice under this section, or furnishes a statement which to his knowledge is false in a material particular, commits a summary offence and is liable on conviction to a fine not exceeding level 3 on the standard scale.
The local housing authority may, on the application of a person having an estate or interest in a house in respect of which a direction is in force under section 354 (direction limiting number of occupants), having regard to any works which have been executed in the house or any other change of circumstances, revoke the direction or vary it so as to allow more people to be accommodated in the house.
If the authority refuse such an application or do not within 35 days from the making of such an application, or such further period as the applicant may in writing allow, notify the applicant of their decision, the applicant may appeal to the county court.
On an appeal the court may revoke the direction or vary it in any manner in which it might have been varied by the authority.
Where it appears to the local housing authority in the case of a house in multiple occupation— they may serve an overcrowding notice on the occupier of the premises or on the person managing the premises, or on both.
that an excessive number of persons is being accommodated on the premises, having regard to the rooms available, or
that it is likely that an excessive number of persons will be accommodated on the premises, having regard to the rooms available.
At least seven days before serving an overcrowding notice, the local housing authority shall— and they shall afford those persons an opportunity of making representations regarding their proposal to serve the notice.
inform the occupier of the premises and any person appearing to them to be managing the premises, in writing, of their intention to do so, and
ensure that, so far as is reasonably possible, every person living in the premises is informed of that intention;
If no appeal is brought under section 362, the overcrowding notice becomes operative at the end of the period of 21 days from the date of service, and is final and conclusive as to matters which could have been raised on such an appeal.
A person who contravenes an overcrowding notice commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
An overcrowding notice shall state in relation to every room on the premises— and the notice may specify special maxima applicable where some or all of the persons occupying the room are under such age as may be specified in the notice.
what in th opinion of the local housing authority is the maximum number of persons by whom the room is suitable to be occupied as sleeping accommodation at any one time, or
that the room is in their opinion unsuitable to be occupied as sleeping accommodation;
An overcrowding notice shall contain either— and where the local housing authority have served on a person an overcrowding notice containing the latter requirement, they may at any time withdraw the notice and serve on him in its place an overcrowding notice containing the former requirement.
the requirement set out in section 360 (not to permit excessive number of persons to sleep on premises), or
the requirement set out in section 361 (not to admit new residents if number of persons is excessive;
The first requirement referred to in section 359(2) is that the person on whom the notice is served must refrain from knowingly—
permitting a room to be occupied as sleeping accommodation otherwise than in accordance with the notice, or
permitting persons to occupy the premises as sleeping accommodation in such numbers that it is not possible to avoid persons of opposite sexes who are not living together as husband and wife sleeping in the same room.
For the purposes of subsection (1)(b)—
children under the age of 12 shall be left out of account, and
it shall be assumed that the persons occupying the premises as sleeping accommodation sleep only in rooms for which a maximum is set by the notice and that the maximum set for each room is not exceeded.
The second requirement referred to in section 359(2) is that the person on whom the notice is served must refrain from knowingly— and for this purpose “new resident” means a person who was not living in the premises immediately before the notice was served.
permitting a room to be occupied by a new resident as sleeping accommodation otherwise than in accordance with the notice, or
permitting a new resident to occupy any part of the premises as sleeping accommodation if that is not possible without persons of opposite sexes who are not living together as husband and wife sleeping in the same room;
For the purposes of subsection (1)(b)—
children under the age of 12 shall be left out of account, and
it shall be assumed that the persons occupying any part of the premises as sleeping accommodation sleep only in rooms for which a maximum is set by the notice and that the maximum set for each room is not exceeded.
A person aggrieved by an overcrowding notice may, within 21 days after the date of service of the notice, appeal to the county court, which may make such order either confirming, quashing or varying the notice as it thinks fit.
If an appeal is brought the notice does not become operative until— and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the notice or decision appealed against.
a decision on the appeal confirming the order (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or
if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the order (with or without variation);
The local housing authority may at any time, on the application of a person having an estate or interest in the premises—
revoke an overcrowding notice, or
vary it so as to allow more people to be accommodated on the premises.
If the authority refuse such an application, or do not within 35 days from the making of the application (or such further period as the applicant may in writing allow) notify the applicant of their decision, the applicant may appeal to the county court.
On an appeal the court may revoke the notice or vary it in any manner in which it might have been varied by the local housing authority.
The local housing authority may from time to time serve on the occupier of premises in respect of which an overcrowding notice is in force a notice requiring him to furnish them within seven days with a statement in writing giving any of the following particulars—
the number of individuals who are, on a date specified in the notice, occupying any part of the premises as sleeping accommodation;
the number of families or households to which those individuals belong;
the names of those individuals and of the heads of each of those families or households;
the rooms used by those individuals and families or households respectively.
A person who— commits a summary offence and is liable on conviction to a fine not exceeding , in the case of such failure, level 3 on the standard scale and, in the case of furnishing such a statement, level 5 on the standard scale
knowingly fails to comply with the requirements of such a notice, or
furnishes a statement which he knows to be false in a material particular,
In any case where— the authority shall in addition have the power for that reason to accept an undertaking or make a closing order under section 368 in respect of the house.
the local housing authority have the power to serve a notice under subsection (1) of section 352 in respect of a house in multiple occupation, and
the reason, or one of the reasons, by virtue of which that power arises is a failure to meet the requirement in paragraph (d) or (e) of subsection (1A) of that section,
Where by virtue of subsection (1) the local housing authority have powers in respect of a house in multiple occupation to serve a notice under section 352(1) for the reason mentioned in subsection (1)(b) and to accept an undertaking or make a closing order under section 368, they may exercise such of those powers as appear to them appropriate; and where the house is of such description or is occupied in such manner as the Secretary of State may specify by order for the purposes of this subsection, the authority shall be under a duty to so exercise those powers.
The local housing authority shall consult with the fire and rescue authority concerned before exercising any of the powers mentioned in subsection (2)—
where they are under a duty to exercise those powers, or
where they are not under such a duty but may exercise those powers and the house is of such description or is occupied in such manner as the Secretary of State may specify by order for the purposes of this subsection.
The local housing authority shall not serve a notice under section 352(1) for the reason mentioned in subsection (1)(b) or accept an undertaking or make a closing order under section 368 if the house is of such description or is occupied in such manner as the Secretary of State may specify by order for the purposes of this subsection.
An order under subsection (2) , (2A) or (3)—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Nothing in this section affects the power of the local housing authority to serve a notice under subsection (1) of section 352 if the house also fails to meet one or more of the requirements in paragraphs (a) to (c) . . . of subsection (1A) of that section.
The local housing authority may serve a notice specifying—
the works which in the opinion of the local housing authority are required as respects the house to provide the necessary means of escape from fire, or
where the authority exercise their powers under section 368 to secure that part of the house is not used for human habitation, such work only as in their opinion is required to provide the means of escape from fire which will be necessary if that part is not so used.
The notice may be served— and the authority shall inform any other person who is to their knowledge an owner, lessee or mortgagee of the house of the fact that the notice has been served.
on the person having control of the house, or
on a person to whom the house is let at a rackrent or who as agent or trustee of a person to whom the house is so let, receives rents or other payments from tenants of parts of the house or lodgers in the house;
The notice shall require the person on whom it is served to execute the works specified in the notice within such period, not being less than 21 days from the service of the notice, as may be so specified; but that period may from time to time be extended by written permission of the authority.
A person on whom a notice is served under section 366 (means of escape from fire: notice requiring execution of works), or any other person who is an owner, lessee or mortgagee of the house to which the notice relates, may, within 21 days from the service of the notice, or such longer period as the local housing authority may in writing allow, appeal to the county court.
The appeal may be on any of the following grounds—
that the notice is not justified by the terms of that section;
that there has been some informality, defect or error in, or in connection with, the notice;
that the authority have refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary;
that the time within which the works are to be executed is not reasonably sufficient for the purpose;
that some other person is wholly or partly responsible for the state of affairs calling for the execution of the works, or will as the holder of an estate or interest in the premises derive a benefit from their execution, and ought to pay the whole or a part of the expenses of executing them.
In so far as an appeal is based on the ground mentioned in subsection (2)(b), the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
Where the grounds on which an appeal is brought include the ground mentioned in subsection (2)(e), the court, if satisfied that the other person referred to in the notice of appeal has had proper notice of the appeal, may on the hearing of the appeal make such order as it thinks fit with respect to the payment to be made by that other person to the appellant or, where the works are executed by the local housing authority, to the authority.
Subject to section 365 if it appears to the local housing authority that the means of escape from fire would be adequate if part of the house were not used for human habitation, they may secure that that part is not so used.
For that purpose, the authority may, if after consultation with any owner or mortgagee they think fit to do so, accept an undertaking from him that that part will not be used for human habitation without the permission of the authority.
A person who, knowing that such an undertaking has been accepted— commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale; . . .
uses the part of the house to which the undertaking relates in contravention of the undertaking, or
permits that part of the house to be so used,
If the local housing authority do not accept an undertaking under subsection (2) with respect to a part of a house, or where they have accepted such an undertaking and that part of the house is at any time used in contravention of the undertaking, the authority may make a closing order with respect to that part of the house.
The provisions of Part IX apply to a closing order under subsection (4) as they apply to a closing order made under section 264, but with with the following modifications—
the reference in section 278(1) (premises rendered fit) to the house in multiple occupation shall be construed as a reference to the part of the house in respect of which the closing order under subsection (4) is made;
the ground on which the authority are required to determine the order under section 278(1) (premises rendered fit) shall be that the authority are satisfied that the means of escape from fire with which the house is provided is adequate (owing to a change of circumstances) and will remain adequate if the part of the house with respect to which the order was made is again used for human habitation and
section 279 (substitution of demolition orders) shall be omitted.
Nothing in the Rent Acts or Part I of the Housing Act 1988 prevents possession being obtained of a part of a house which in accordance with an undertaking in pursuance of this section cannot for the time being be used for human habitation.
The Secretary of State may, with a view to providing a code for the management of houses in multiple occupation, by regulations make provision for ensuring that the person managing a house in multiple occupation observes proper standards of management.
Subject to subsection (2A) the regulations may, in particular, require the person managing the house to ensure the repair, maintenance, cleansing and good order of— all means of water supply and drainage in the house, all means of escape from fire and all apparatus, systems and other things provided by way of fire precautions; kitchens, bathrooms and water closets in common use, sinks and wash-basins in common use, common staircases, corridors and passage ways, and outbuildings, yards and gardens in common use, and to make satisfactory arrangements for the disposal of refuse and litter from the house and to ensure that all means of escape from fire are kept clear of obstructions.
The regulations may—
make different provision for different types of house;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
impose duties on persons who have an estate or interest in a house or part of a house to which the regulations apply as to the giving of information to the local housing authority, . . . ;
impose duties on persons who live in the house for the purpose of ensuring that the person managing the house can effectively carry out the duties imposed on him by the regulations;
authorise the local housing authority to obtain information as to the number of individuals or households accommodated in the house;
. . .
contain such other incidental and supplementary provisions as may appear to the Secretary of State to be expedient.
The person managing the house shall only be liable by virtue of the regulations under subsection (2) to ensure the repair, maintenance, cleansing and good order of any premises outside the house if and to the extent that he has power or is otherwise liable to ensure those matters in respect of any such premises.
Regulations under this section may vary or replace for the purposes of this section and of the regulations made under it the definition given in section 398 of the “person managing” a house.
A person who knowingly contravenes or without reasonable excuse fails to comply with a regulation under this section . . . commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale.
Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
If it appears to the local housing authority that a house in multiple occupation is in an unsatisfactory state in consequence of failure to maintain proper standards of management and, accordingly, that it is necesary that the regulations made under section 369 should apply to the house, the authority may by order direct that those regulations shall so apply.
The order comes into force when it is made.
The local housing authority shall within seven days from the making of the order—
serve a copy of it on an owner of the house and on every person who is to the knowledge of the authority a lessee of the house, and
post a copy of it in some position in the house where it is accessible to those living in the house.
The local housing authority may at any time revoke the order on the application of a person having an estate or interest in the house.
An order under this section is a local land charge.
A person who is served with a copy of an order under section 370 (order applying management code to house), and any other person who is a lessee of the house in respect of which the order is made, may, within 21 days from the service of the notice, or such longer period as the local housing authority may in writing allow, appeal to the county court on the ground that the making of the order was unnecessary.
On the appeal the court shall take into account the state of the house at the time of the making of the order as well as at the time the appeal was instituted and shall disregard any improvement in the state of the house between those times unless the court is satisfied that effective steps have been taken to ensure that the house will in future be kept in a satisfactory state.
If the court allows the appeal it shall revoke the order, but without prejudice to the operation of the order prior to its revocation or to the making of a further order.
If the local housing authority— the applicant may appeal to the county court which may, if of opinion that there has been a substantial change in the circumstances since the making of the order, and that it is in other respects just to do so, revoke the order.
refuse an application for the revocation of an order under section 370, or
do not within 35 days from the making of such an application, or such further period as the applicant may in writing allow, notify the applicant of their decision,
If in the opinion of the local housing authority the condition of a house . . . is defective in consequence of— the authority may serve on the person managing the house a notice specifying the works which, in the opinion of the authority, are required to make good the neglect.
neglect to comply with the requirements imposed by regulations under section 369 (regulations prescribing management code), . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If it is not practicable after reasonable inquiry to ascertain the name or address of the person managing the house, the notice may be served by addressing it to him by the description of “manager of the House” (naming the house to which it relates) and delivering it to some person on the premises.
The notice shall require the person on whom it is served to execute the works specified in the notice as follows, namely,—
to begin those works not later than such reasonable date, being not earlier than the twenty-first day after the date of service of the notice, as is specified in the notice; and
to complete those works within such reasonable period as is so specified.
Where the authority serve a notice under this section on the person managing a house, they shall inform any other person who is to their knowledge an owner, lessee or mortgagee of the house of the fact that the notice has been served.
References in this section to the person managing a house have the same meaning as in section 369 (and accordingly are subject to amendment by regulations under that section).
A person on whom a notice is served under section 372 (notice requiring works to remedy neglect of management), or any other person who is an owner, lessee or mortgagee of the house to which the notice relates, may, within 21 days from the service of the notice, or such longer period as the local housing authority may in writing allow, appeal to the county court.
The appeal may be on any of the following grounds—
that the condition of the house did not justify the local housing authority in requiring the execution of the works specified in the notice;
that there has been some informality, defect or error in or in connection with, the notice;
that the authority have refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary;
that the time within which the works are to be executed is not reasonably sufficient for the purpose;
that the date specified for the beginning of the works is not reasonable
that some other person is wholly or partly responsible for the state of affairs calling for the execution of the works, or will as the holder of an estate or interest in the premises derive a benefit from their execution and ought to pay the whole or a part of the expenses of executing them.
In so far as an appeal is based on the ground mentioned in subsection (2)(b), the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
Where the grounds on which an appeal is brought include the ground specified in subsection (2)(e), the appellant shall serve a copy of his notice of appeal on each other person referred to, and on the hearing of the appeal the court may make such order as it thinks fit with respect to the payment to be made by any such other person to the appellant or, where the works are executed by the local housing authority, to the authority.
The provisions of section 369 to 373 (provisions for remedying inadequate management) apply to— as they apply to a house in multiple occupation.
a building which is not a house but comprises separate dwellings two or more of which are occupied by persons who do not form a single household,
a building which is not a house but comprises separate dwellings two or more of which do not have a sanitary convenience and personal washing facilities accessible only to those living in the dwelling, and
a tenement block in which all or any of the flats are without one or more of the standard amenities,
In this section—
If the local housing authority make an order under section 370 (order applying management code) as respects a building or tenement block by virtue of this section at a time when another such order is in force as respects one of the dwellings in the building or block, they shall revoke the other order.
If a notice under section 352, . . . or 372 (notices requiring the execution of works) is not complied with, the local housing authority may themselves do the work required to be done by the notice.
Compliance with a notice means beginning and completing the works specified in the notice—
if no appeal is brought against the notice, not later than such date and within such period as is specified in the notice;
if an appeal is brought against the notice and is not withdrawn, not later than such date and within such period as may be fixed by the court determining the appeal; and
if an appeal brought against the notice is withdrawn, not later than the twenty-first day after the date of withdrawal of the appeal and within such period (beginning on that twenty-first day) as is specified in the notice.
If, before the expiry of the period which under subsection (2) is appropriate for completion of the works specified in the notice, it appears to the local housing authority that reasonable progress is not being made towards compliance with the notice, the authority may themselves do the work required to be done by the notice.
The provisions of Schedule 10 apply with respect to the recovery by the local housing authority of expenses incurred by them under this section.
Not less than seven days before a local housing authority enter any house for the purpose of doing any works by virtue of subsection (1) or subsection (3), they shall serve notice of their intention to do so on the person on whom the notice referred to in subsection (1) was served and, if they think fit, also on any other owner of the house.
If, after a local housing authority have served notice under subsection (3A), the works are in fact carried out (otherwise than by the authority), any administrative and other expenses incurred by the authority with a view to doing the work themselves in accordance with subsection (1) or subsection (3) shall be treated for the purposes of subsection (4) (and Schedule 10) as expenses incurred by them under this section in carrying out the works in a case where the notice referred to in subsection (1) has not been complied with.
A person on whom a notice has been served under section 352, . . . or 372 (notices requiring the execution of works) who wilfully fails to comply with the notice commits a summary offence and is liable on conviciton to a fine not exceeding level 5 on the standard scale.
The obligation to execute the works specified in the notice continues notwithstanding the expiry of the period which under section 375(2) is appropriate for completion of the works in question; and a person who wilfully fails to comply with that obligation, after being convicted of an offence in relation to the notice under subsection (1) or this subsection, commits a further summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale.
References in this section to compliance with a notice . . . shall be construed in accordance with section 375(2).
. . .
The provisions of this section are without prejudice to the exercise by the local housing authority of their power under section 375 to carry out the works themselves.
Where— the person required to execute the works may apply to the county court and the court may give the necessary consent in place of that other person.
a person is required by a notice under section 352, . . . or 372 to execute works and
another person having an estate or interest in the premises unreasonably refuses to give a consent required to enable the works to be executed,
If a person, after receiving notice of the intended action— a magistrates’ court may order him to permit to be done on the premises all things requisite for carrying into effect those provisions.
being the occupier of premises, prevents the owner or his officers, agents, servants or workmen, from carrying into effect with respect to the premises any of the preceding provisions of this Part, or
being the owner or occupier of premises, prevents an officer, agent, servant or workman of the local housing authority from so doing,
A person who fails to comply with an order of the court under subsection (2) commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale
If an owner of premises who is not the person in receipt of the rents and profits gives notice to the local housing authority of his interest in the premises, the authority shall give to him notice of any proceedings taken by them in relation to the premises under any of the preceding provisions of this Part.
Nothing in the preceding provisions of this Part prejudices or interferes with the rights or remedies of an owner for breach, non-observance or non-performance of a covenant or contract entered into be a lessee in reference to premises— and if an owner is obliged to take possession of premises in order to comply with such a notice, the taking possession does not affect his right to avail himself of any such breach, non-observance or non-performance which occurred before he took possession.
in respect of which a notice requiring the execution of works is served by the local housing authority under 352, . . . or 372, or
to which regulations under section 369 (the management code) apply
The Secretary of State may by order provide that a local housing authority shall act as specified in the order before serving a works notice. In this section a “works notice” means a notice under section 352 or 372 (notices requiring the execution of works).
An order under this section may provide that the authority—
shall as soon as practicable give to the person on whom the works notice is to be served a written notice which satisfies the requirements of subsection (3); and
shall not serve the works notice until after the end of such period beginning with the giving of a notice which satisfies the requirements of subsection (3) as may be determined by or under the order.
A notice satisfies the requirements of this subsection if it—
states the works which in the authority’s opinion should be undertaken, and explains why and within what period;
explains the grounds on which it appears to the authority that the works notice might be served;
states the type of works notice which is to be served, the consequences of serving it and whether there is a right to make representations before, or a right of appeal against, the serving of it.
An order under this section may also provide that, before the authority serves the works notice on any person, they—
shall give to that person a written notice stating—
that they are considering serving the works notice and the reasons why they are considering serving the notice; and
that the person may, within a period specified in the written notice, make written representations to them or, if the person so requests, make oral representations to them in the presence of a person determined by or under the order; and
shall consider any representations which are duly made and not withdrawn.
An order under this section may in particular—
make provision as to the consequences of any failure to comply with a provision made by the order;
contain such consequential, incidental, supplementary or transitional provisions and savings as the Secretary of State considers appropriate (including provisions modifying enactments relating to the periods within which proceedings must be brought).
An order under this section—
may make different provision with respect to different cases or descriptions of case (including different provision for different areas), and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Nothing in any order under this section shall—
preclude a local housing authority from serving a works notice on any person, or from requiring any person to take immediate remedial action to avoid a works notice being served on him, in any case where it appears to them to be necessary to serve such a notice or impose such a requirement; or
require such an authority to disclose any information the disclosure of which would be contrary to the public interest.
The local housing authority may make a control order in respect of a house in multiple occupation if— and it appears to the authority that the living conditions in the house are such that it is necessary to make the order in order to protect the safety, welfare or health of persons living in the house.
a notice has been served in respect of the house under section 352 or 372 (notices requiring the execution of works),
a direction has been given in respect of the house under section 354 (direction limiting number of occupants),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or
it appears to the authority that the state or condition of the house is such as to call for the taking of action under any of those sections,
A control order comes into force when it is made, and as soon as practicable after making a control order the local housing authority shall, in exercise of the powers conferred by the following provisions of this Part and having regard to duties imposed on them by those provisions, enter on the premises and take all such immediate steps as appear to them to be required to protect the safety, welfare or health of persons living in the house.
As soon as practicable after making a control order the local housing authority shall—
post a copy of the order, together with a notice as described in subsection (4), in some position in the house where it is accessible to those living in the house, and
serve a copy of the order, together with such a notice on every person who, to the knowledge of the authority, was immediately before the coming into force of the order a person managing or having control of the house or is an owner, lessee or mortgagee of the house.
The notice mentioned above shall set out the effect of the order in general terms, referring to the rights of appeal against control orders conferred by this Part and stating the principal grounds on which the local housing authority consider it necessary to make a control order.
The local housing authority may exclude from the provisions of a control order a part of the house which, when the control order comes into force, is occupied by a person who has an estate or interest in the whole of the house.
Except where a contrary intention appears, references in this Part to the house to which a control order relates do not include a part of the house so excluded from the provisions of the order.
While a control order is in force the local housing authority— but subject to section 382 as regards the rights of persons occupying parts of the house under existing tenancies or agreements.
have the right to possession of the premises,
have the right to do (and authorise others to do) in relation to the premises anything which a person having an estate or interest in the premises would, but for the making of the order, be entitled to do, without incurring any liability to any such person except as expressly provided by this Part, and
may, notwithstanding that they do not, under this section, have an interest amounting to an estate in law in the premises, create an interest in the premises which, as near as may be, has the incidents of a leasehold;
The local housing authority shall not, without the consent in writing of the person or persons who would have power to create the right if the control order were not in force, create in exercise of the powers conferred by this section any right in the nature of a lease or licence which is for a fixed term exceeding one month or is terminable by notice to quit (or an equivalent notice) of more than four weeks.
Any enactment or rule of law relating to landlords and tenants or leases applies in relation to— as if the authority were the legal owner of the premises; but subject to the provisions of section 382, relating to the Rent Acts and Part I of the Housing Act 1988.
an interest created under this section, or
a lease to which the authority become a party under section 382,
On the coming into force of a control order any notice direction or order under section 352, 354, . . . , . . . or 372 shall cease to have effect as respects the house to which the control order applies, but without prejudice to any criminal liability incurred before the coming into force of the control order, or to the right of the local housing authority to recover any expenses incurred in carrying out works.
A control order is a local land charge.
References in any enactment to housing accommodation provided or managed by the local housing authority do not include a house which is subject to a control order.
This section applies to a person who, at the time when a control order comes into force, is occupying part of the house and does not have an estate or interest in the whole of the house.
Section 381 (general effect of control order) does not affect the rights or liabilities of such a person under a lease, licence or agreement (whether in writing or not) under which he is occupying part of the house at the time when the control order comes into force; and—
such a lease, licence or agreement has effect while the control order is in force as if the local housing authority were substituted in it for any party to it who has an estate or interest in the house and is not a person to whom this section applies, and
such a lease continues to have effect as near as may be as a lease notwithstanding that the rights of the local housing authority, as substituted for the lessor, do not amount to an estate in law in the premises.
The provisions which exclude local authority lettings from the Rent Acts, that is— do not apply to a lease or agreement under which a person to whom this section applies is occupying part of the house.
sections 14 to 16 of the Rent Act 1977, and
those sections as applied by Schedule 2 to the Rent (Agriculture) Act 1976 and section 5(2) to (4) of that Act,
If immediately before the control order came into force a person to whom this section applies was occupying part of the house under— nothing in this Part prevents the continuance of that tenancy or occupancy or affects the continued operation of any of those Acts in relation to the tenancy or occupancy after the coming into force of the control order.
a protected or statutory tenancy within the meaning of the Rent Act 1977, or
a protected occupancy or statutory tenancy within the meaning of the Rent (Agriculture) Act 1976, or
an assured tenancy or assured agricultural occupancy within the meaning of Part I of the Housing Act 1988
Section 1(2) of and paragraph 12 of Part I of Schedule 1 to the Housing Act 1988 (which exclude local authority lettings from Part I of that Act) do not apply to a lease or agreement under which a person to whom this section applies is occupying part of the house.
So much of the regulations made under section 369 (regulations prescribing management code) as imposes duties on persons who live in a house to which the regulations apply also applies to persons who live in a house as respects which a control order is in force.
If on the date on which the control order comes into force there is furniture in the house which a resident in the house has the right to use in consideration of periodical payments to the dispossessed proprietor, whether included in the rent payable by the resident or not, the right to possession of the furniture as against all persons other than the resident vests in the local housing authority on that date and remains vested in the authority while the control order remains in force.
The authority may, on the application in writing of the person owning such furniture, by notice in writing served on that person not less than two weeks before the notice takes effect, renounce the right to possession of the furniture conferred by subsection (1).
If the local housing authority’s right to possession of furniture conferred by subsection (1) is a right exercisable as against more than one person interested in the furniture, any of those persons may apply to the county court for an adjustment of their respective rights and liabilities as regards the furniture.
On such an application the county court may make an order for such an adjustment of rights and liabilities either unconditionally or subject to such terms and conditions (including terms or conditions with respect to the payment of money by a party to the proceedings to another party to the proceedings by way of compensation, damages or otherwise) as it thinks just and equitable.
In this section “furniture” includes fittings and other articles.
A person having an estate or interest in a house to which a control order relates or, subject to subsection (3), any other person may appeal to the county court against the control order on any of the following grounds—
that, whether or not the local housing authority have made an order or issued a notice or direction under any of the provisions of this Part mentioned in section 379(1)(a) to (c) the state or condition of the house was not such as to call for the taking of action under any of those provisions;
that it was not necessary to make the control order in order to protect the safety, welfare or health of persons living in the house;
where part of the house was occupied by the dispossessed proprietor when the control order came into force, that it was practicable and reasonable for the local housing authority to exercise their powers under section 380 so as to exclude from the provisions of the control order a part of the house (or a greater part than has been excluded);
that the control order is invalid on the ground that a requirement of this Part has not been complied with or on the ground of some informality, defect or error in, or in connection with the control order.
An appeal may be brought at any time after the making of the control order but not later than the expiration of a period of six weeks from the date on which the local housing authority serve a copy of a management scheme relating to the house in accordance with section 386, or such longer period as the authority may in writing allow.
The court may, before entertaining an appeal brought by a person who had not, when he brought an appeal, an estate or interest in the house, require the appellant to satisfy the court that he may be prejudiced by the making of the order.
In so far as an appeal is based on the ground that the control order is invalid, the court shall confirm the order unless satisfied that the interests of the appellant have been substantially prejudiced by the facts relied on by him.
Further provisions as to certain matters arising on the revocation of a control order on appeal are contained in Part III of Schedule 13.
Subject to the right of appeal conferred by this section, a control order is final and conclusive as to any matter which would have been raised on such an appeal.
The local housing authority shall—
exercise the powers conferred on them by a control order so as to maintain proper standards of management in the house,
take such action as is needed to remedy all the matters which they would have considered it necessary to remedy by the taking of action under any other provision of this Act if they had not made a control order, and
make reasonable provision for insurance of the premises subject to the control order against destruction or damage by fire or other cause.
The reference in subsection (1)(c) to the premises subject to the control order includes any part of the premises excluded from the provisions of the order under section 380 (modification of order where proprietor resides in part of the house).
Premiums paid for the insurance of the premises shall be treated for the purposes of this Part as expenditure incurred by the authority in respect of the premises.
After a control order has been made, the local housing authority shall prepare a management scheme and shall, not later than eight weeks after the date on which the control order comes into force, serve a copy of the scheme on—
every person who is, to the knowledge of the authority, a dispossessed proprietor or an owner, lessee or mortgagee of the house, and
any other person on whom the authority served a copy of the control order.
Part I of Schedule 13 has effect with respect to the matters to be provided for in a management scheme and for appeals against such schemes and related matters.
This section does not affect the powers conferred on the local housing authority by section 381 (general effect of control order), and accordingly the authority may carry out works in a house which is subject to a control order whether or not particulars of the works have been included in a management scheme.
The local housing authority, and any person authorised in writing by the authority, have, as against a person having an estate or interest in a house which is subject to a control order, the right at all reasonable times to enter any part of the house for the purpose of survey and examination or of carrying out works.
The right conferred by subsection (1) is without prejudice to the rights conferred on the authority by section 381 (general effect of control order).
Where part of a house is excluded from the provisions of a control order under section 380 (modification of order where dispossessed proprietor resides in part of the house), the right conferred by subsection (1) is exercisable as respects that part so far as is reasonably required for the purpose of survey and examination of, or carrying out works in, the part of the house which is subject to the control order.
If the occupier of part of a house subject to a control order, after receiving notice of the intended action, prevents any officers, agents, servants, or workmen of the local housing authority from carrying out work in the house a magistrates’ court may order him to permit to be done on the premises anything which the authority consider necessary.
A person who fails to comply with an order of the court under subsection (4) commits a summary offence and is liable to a fine not exceeding level 5 on the standard scale
The local housing authority may fit out, furnish and supply a house subject to a control order with such furniture, fittings and conveniences as appear to them to be required.
The local housing authority shall pay compensation to the dispossessed proprietor—
in respect of the period during which the control order is in force, at a rate calculated in accordance with Part II of Schedule 13 . . . ;
in respect of a period during which the authority have the right to possession of furniture in pursuance of section 383 (house subject to furnished letting when control order made), at such rate as the parties agree or is determined in default of agreement by the rent tribunal for the district in which the house is situated.
Compensation accrues from day to day (and is apportionable in respect of time accordingly) and is payable by quarterly instalments, the first instalment being payable three months after the date when the control order comes into force.
If at the time when compensation accrues due the estate or interest of the dispossessed proprietor or, as the case may be, the furniture in question is subject to a mortgage or charge, the compensation is also comprised in the mortgage or charge.
The local housing authority shall—
keep full accounts of their income and expenditure in respect of a house which is subject to a control order, and
afford to the dispossessed proprietor, or any other person having an estate or interest in the house, all reasonable facilities for inspecting, taking copies of and verifying those accounts.
While a control order is in force the local housing authority shall afford to the dispossessed proprietor, or any other person having an estate or interest in the house, any reasonable facilities requested by him for inspecting and examining the house.
Either the lessor or lessee under a lease of premises which consist of or include a house which is subject to a control order, other than a lease to which section 382(2) applies (leases under which persons are occupying parts of the house and which have effect as if the local housing authority were substituted as landlord), may apply to the county court for an order for the determination of the lease or for its variation.
If on such an application the court is satisfied that— the court shall exercise the jurisdiction conferred by this section so as to determine the lease.
if the lease is determined and the control order is revoked, the lessor will be in a position, and intends, to take all such action to remedy the condition of the house as the local housing authority consider they would, if a control order had not been in force, have required to be carried out under any provision of this Part, and
that the authority intend, if the lease is determined, to revoke the control order,
An order under this section may be unconditional or subject to such terms and conditions as the court thinks just and equitable to impose having regard to the respective rights, obligations and liabilities of the parties underthe lease and to the other circumstances.
The terms and conditions may include terms or conditions with respect to the payment of money by a party to the proceedings to another party to the proceedings, by way of compensation, damages or otherwise.
An order under this section may include provisions for modifying in relation to the lease the effect of the provisions of paragraph 15 of Schedule 13 (re-transfer of the landlord’s interest on the cessation of the control order).
A control order ceases to have effect at the expiry of the period of five years beginning with the date on which it came into force.
The local housing authority may at any earlier time, either on application or on their own initiative, by order revoke a control order.
The authority shall, at least 21 days before revoking a control order, serve notice of their intention to do so on—
the persons occupying any part of the house, and
every person who is to the knowledge of the authority an owner, lessee or mortgagee of the house.
If a person applies to the local authority requesting the authority to revoke a control order and giving the grounds on which the application is made, the authority shall if they refuse the application inform the applicant of their decision and of their reasons for rejecting the grounds advanced by him.
Where the local housing authority propose to revoke a control order under this section on their own initiative and apply to the county court under this subsection, the court may approve the taking of any of the following steps to take effect on the revocation of the control order, that is— and no appeal lies against a notice or order so approved.
the serving of a notice under section 352, . . . or 372 (notices requiring the execution of works),
the giving of a direction under section 354 (direction limiting number of occupants of house), or
the making of an order under section 370 (order applying management code to house);
If the local housing authority— the applicant may appeal to the county court and the county court may revoke the order.
refuse an application under section 392 for the revocation of a control order, or
do not within 42 days from the making of such an application or such further period as the applicant may in writing allow, inform him of their decision,
The court shall revoke the control order if— and if the court is not so satisfied but would be so satisfied if the date of revocation of the control order were a date later than the hearing of the appeal, the court shall, if the appellant so requires, make an order for the revocation of the control order on that later date.
the appellant has an estate or interest in the house which, apart from the rights conferred on the local housing authority by section 381 (general effect of control order) and the rights of persons occupying any part of the house, would give him the right to possesion of the house,
that estate or interest was, when the control order came into force, subject to a lease for a term of years which has subsequently expired, and
the appellant satisfies the court that he is in a position and intends, if the control order is revoked, to demolish or reconstruct the house or to carry out substantial work of construction on the site of the house;
If an appeal is brought under this section, the leave of the court is required for the bringing of another appeal against the same order, whether by the same or a different appellant, within the period of six months beginning with the final determination of the previous appeal.
Further provisions as to certain matters arising on the revocation of a control order on appeal are contained in Part III of Schedule 13.
Further provisions as to matters arising on the cessation of a control order are contained in Parts III and IV of Schedule 13— Part III relates to the cessation of control orders generally, and Part IV provides for the case where a control order is followed by a compulsory purchase order.
Where it appears to the local housing authority that survey or examination of any premises is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises, a person authorised by the authority may at any reasonable time, on giving 24 hours’ notice of his intention to the occupier, and to the owner if the owner is known, enter the premises for the purpose of such a survey and examination.
A person authorised by the local housing authority may at any reasonable time, without any such prior notice as is mentioned in subsection (1), enter any premises for the purpose of ascertaining whether an offence has been committed under any of the following provisions of this Part— section 348G (contravention of or failure to comply with provision of registration scheme), section 355(2) (failure to comply with requirements of direction limiting number of occupants of house), section 358(4) (contravention of overcrowding notice), section 368(3) (use or permitting use of part of house with inadequate means of escape from fire in contravention of undertaking), section 369(5) (contravention of or failure to comply with regulations prescribing management code), section 376(1) or (2) (failure to comply with notice requiring execution of works).
An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.
It is a summary offence intentionally to obstruct an officer of the local housing authority, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.
A person committing such an offence is liable on conviction to a fine not exceeding level 4 on the standard scale.
The Secretary of State may by order—
approve any code of practice (whether prepared by him or another person) which, in his opinion, gives suitable guidance to any person in relation to any matter arising under this Part;
approve any modification of such a code; or
withdraw such a code or modification.
The Secretary of State shall only approve a code of practice or a modification of a code if he is satisfied that—
the code or modification has been published (whether by him or by another person) in such manner as he considers appropriate for the purpose of bringing the code or modification to the notice of those likely to be affected by it; or
arrangements have been made for the code or modification to be so published.
The Secretary of State may approve—
more than one code of practice in relation to the same matter;
a code of practice which makes different provision with respect to different cases or descriptions of case (including different provision for different areas).
A failure to comply with a code of practice for the time being approved under this section shall not of itself render a person liable to any civil or criminal proceedings; but in any civil or criminal proceedings—
any code of practice approved under this section shall be admissible in evidence, and
any provision of any such code which appears to the court to be relevant to any question arising in the proceedings shall be taken into account in determining that question.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section references to a code of practice include references to a part of a code of practice.
Where it is shown to the satisfaction of a justice of the peace, on sworn information in writing, that admission to premises specified in the information is reasonably required by a person employed by, or acting on the instructions of, the local housing authority— the justice may by warrant under his hand authorise that person to enter on the premises for those purposes or for such of those purposes as may be specified in the warrant.
for the purpose of survey and examination to determine whether any powers under this Part should be exercised in respect of the premises, or
for the purpose of ascertaining whether an offence has been committed under any of the provisions of this Part listed in section 395(2),
The justice shall not grant the warrant unless he is satisfied—
that admission to the premises has been refused and, except where the purpose specified in the information is that mentioned in subsection (1)(b), that admission was sought after not less than 24 hours’ notice of the intended entry had been given to the occupier, or
that application for admission would defeat the purpose of the entry.
The power of entry conferred by the warrant includes power to enter by force, if need be, and may be exercised by the person on whom it is conferred either alone or together with other persons.
If the premises are unoccupied or the occupier is temporarily absent, a person entering under the authority of the warrant shall leave the premises as effectively secured against trespassers as he found them.
The warrant continues in force until the purpose for which the entry is required is satisfied.
In this Part the expressions “lessee”, “owner” “person having an estate or interest”, “person having control”, and “person managing” shall be construed as follows.
“Lessee” includes a statutory tenant of the premises, and references to a lease or to a person to whom premises are let shall be construed accordingly.
“Owner”—
means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple of the premises whether in possession or in reversion, and
includes also a person holding or entitled to the rents and profits of the premises under a lease having an unexpired term exceeding three years.
“Person having an estate or interest” includes a statutory tenant of the premises.
“Person having control” means the person who receives the rack-rent of the premises, whether on his own account or as agent or trustee of another person, or who would so receive it if the premises were let at a rack-rent (and for this purpose a “rack-rent” means a rent which is not less than 2/3rds of the full net annual value of the premises).
“Person managing”—
means the person who, being an owner or lessee of the premises—
receives, directly or through an agent or trustee, rents or other payments from persons who are tenants of parts of the premises, or who are lodgers, or
would so receive those rents or other payments but for having entered into an arrangement (whether in pursuance of a court order or otherwise) with another person who is not an owner or lessee of the premises by virtue of which that other person receives the rents or other payments, and
includes, where those rents or other payments are received through another person as agent or trustee, that other person.
In this Part—
“ owner ”, in relation to a dwelling, means the person who—
a social service or special facility is provided in close proximity to the group of dwelling-houses in order to assist persons with those special needs,
The approved purposes for the purposes of this section are—
to enable the tenant to make an interim or final payment,
to enable the tenant to defray, or to defray on his behalf, any of the following—
the cost of any works to the dwelling-house,
any service charge payable in respect of the dwelling-house for works, whether or not to the dwelling-house, and
any service charge or other amount payable in respect of the dwelling-house for insurance, whether or not of the dwelling-house, and
to enable the tenant to discharge, or to discharge on his behalf, any of the following—
so much as is still outstanding of any advance or further advance which ranks in priority to the charge taking effect by virtue of this section,
any arrears of interest on such an advance or further advance, and
any costs and expenses incurred in enforcing payment of any such interest, or repayment (in whole or in part) of any such advance or further advance.
there is no longer a person with those special needs residing in the dwelling-house, and
Where different parts of an advance or further advance are made for different purposes, each of those parts shall be regarded as a separate advance or further advance for the purposes of this section.
the landlord requires the dwelling-house for occupation (whether alone or with members of his family) by a person who has those special needs.
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 or paragraph):— appropriate multiplier Schedule 13, paragraph 13 assured tenancy section 622 assured agricultural occupancy section 622 control order section 379(1) control provisions section 347(1) dispossessed proprietor section 399 district (of a local housing authority) section 2(1) district valuer section 622 expenditure incurred (in respect of a house subject to a control order) section 385(3) and Schedule 13, paragraph 2(3) final determination (in relation to an appeal) section 399 flat in multiple occupation section 354 gross value Schedule 13, paragraphs 8 to 12 house section 399 house in multiple occupation section 345 lessee (and “lease” and “let”) sections 398 and 621 local housing authority section 1, 2(2) management code section 369 management scheme section 386 occupancy direction (in connection with special control provisions) section 348D overcrowding notice section 358(1) owner section 398(3) person having control section 398(5) person having an estate or interest section 398(4) person managing sections 369(4), 372(5) and 398(6) registration scheme section 346 relevant management failure (for purposes of sections 348B to 348E) section 348F the Rent Acts section 622 rents or other payments Schedule 13, paragraph 2(2) special control provisions section 348B standard scale (in reference to the maximum fine on summary conviction) section 622 statutory tenant section 622 surpluses on revenue account as settled by the scheme (in Schedule 13) Schedule 13, paragraph 2(1) tenant section 621
In this Part “common lodging house” means a house (other than a public assistance institution) provided for the purpose of accommodating by night poor persons, not being members of the same family, who resort to it and are allowed to occupy one common room for the purpose of sleeping or eating, and includes, where part only of a house is so used, the part so used.
No person shall keep a common lodging house, or receive a lodger in a common lodging house, unless he is registered as the keeper of the house under this Part. Provided that, when the registered keeper of a common lodging house dies, his widow or any other member of his family may, for a period not exceeding four weeks from his death or such longer period as the local housing authority may sanction, keep the common lodging house without being registered as the keeper.
The local housing authority shall keep a register in which shall be entered—
the full names and the place of residence of every person registered as the keeper of a common lodging house;
the situation of every such lodging house;
the number of persons authorised to be received in the lodging house; and
the full names and places of residence of any persons who are to act as deputies of the keeper of the lodging house.
Subject to the following provisions of this section, a local housing authority, on receiving from a person an application in writing— shall register the applicant in respect of the common lodging house named in the application, or renew his registration in respect of it, and issue to him a certificate of registration or renewal
for registration as a keeper of a common lodging house, or
for the renewal of his registration,
The authority shall not register an applicant until an officer of the authority has inspected the premises named in the application and has made a report on them.
The authority may refuse to register, or renew the registration of, an applicant if they are satisfied that—
he, or a person employed or proposed to be employed by him at the common lodging house, as a deputy or otherwise, is not a fit person, whether by reason of his age or otherwise, to keep or to be employed at a common lodging house; or
the premises are not suitable for use as a common lodging house or are not, as regards sanitation and water supply and in other respects, including means of escape in case of fire, suitably equipped for such use; or
the use of the premises as a common lodging house is likely to occasion inconvenience or annoyance to persons residing in the neighbourhood.
The registration of a person as a keeper of a common lodging house remains in force for such period, not exceeding 13 months, as may be fixed by the authority, but may be renewed by them for a period not exceeding 13 months at any one time.
If a local housing authority refuse to grant or renew registration, they shall, if required by the applicant, give him a statement in writing of the grounds on which his application is refused.
A local housing authority shall at any time, on the application of a person registered as the keeper of a common lodging house— and shall make any consequential alterations in the certificate of registration.
remove from the register the name of any person entered in it as a deputy of the keeper, or
insert the name of any other person (being a person approved by the authority) whom the keeper proposes to employ as a deputy,
A person aggrieved by the refusal of a local housing authority under section 404 to grant or renew registration may appeal to a magistrates’ court.
The time within which an appeal may be brought is 21 days from the date on which notice of the authority’s refusal was served on the person desiring to appeal; and for the purposes of this subsection the making of the complaint shall be deemed to be the bringing of the appeal.
Where such an appeal lies, the document notifying to the person concerned the decision of the authority in the matter shall state the right of appeal to a magistrates’ court and the time within which such an appeal may be brought.
A person aggrieved by a decision of a magistrates’ court on such an appeal may appeal to the Crown Court.
Where on an appeal under this section a court varies or reverses the authority’s decision, the authority shall make any necessary entry in the register and issue any necessary certificate.
A local housing authority may, and if so required by the Secretary of State shall, make byelaws—
for fixing the number of persons who may be received into a common lodging house, and for the separation of the sexes in it;
for promoting cleanliness and ventilation in common lodging houses, and requiring the walls and ceilings of such lodging houses to be limewashed, or treated with some other suitable preparation, at specified intervals;
with respect to the taking of precautions when any case of infectious disease occurs in such a lodging house and
generally for the well-ordering of such lodging houses.
The keeper of a common lodging house shall, if required by the local housing authority to do so, affix, and keep affixed and undefaced and legible, a notice with the words “Registered Common Lodging-house” in some conspicuous place on the outside of the house.
Either the keeper of the lodging house, or a deputy registered under this Part, shall manage the lodging house and exercise supervision over persons using it, and either the keeper or a deputy so registered shall be at the lodging house continuously between the hours of nine o’clock in the evening and six o’clock in the morning of the following day.
The local housing authority may by notice require the keeper of a common lodging house in which beggars or vagrants are received to report daily to them, or to such persons as they may direct, every lodger who resorted to the house during the preceding day or night.
An authority who require such reports to be made shall supply to the keeper of the lodging house schedules to be filled up by him with the information required and to be transmitted by him in accordance with their notice.
The keeper of a common lodging house, and every other person having the care or taking part in the management of it, shall at all times, if required by an authorised officer of the local housing authority, allow him to have free access to all parts of the house.
It is a summary offence for a person—
to contravene or fail to comply with any of the provisions of this Part;
being the registered keeper of a common lodging house, to fail to keep the premises suitably equipped for use as such;
to apply to be registered as the keeper of a common lodging house at a time when he is, under section 409, disqualified from being so registered; or
in an application for registration, or for the renewal of his registration, as the keeper of a common lodging house, to make a statement which he knows to be false.
A person committing such an offence is liable on conviction to a fine not exceeding level 2 on the standard scale and, subject to subsection (3), to a further fine not exceeding one-tenth of the amount corresponding to that level for each day on which the offence continues after conviction.
The court by which a person is convicted of the original offence may fix a reasonable period from the date of conviction for compliance by the defendant with any directions given by the court and, where a court has fixed such a period, the daily penalty is not recoverable in respect of any day before the period expires.
Where the registered keeper of a common lodging house is convicted of— the court by which he is convicted may cancel his registration as a common lodging house keeper and may order that he be disqualified for such period as the court thinks fit from being again registered as such a keeper.
an offence under this Part or a byelow made under it, or
an offence under section 39(2) or 49(2) of the Public Health (Control of Disease) Act 1984 (failure to notify case of infectious disease or failure to comply with closing order made on account of notifiable disease),
The local housing authority shall carry this Part into execution.
Sections 322 to 326 of the Public Health Act 1936 (default powers of Secretary of State and related provisions) apply in relation to failure by a local housing authority to discharge their functions under this Part.
An authorised officer of a local housing authority may at any reasonable time, on giving 24 hours’ notice of his intention to the occupier and producing, if so required, some duly authenticated document showing his authority, enter premises for the purpose—
of ascertaining whether there is, or has been, on or in connection with the premises, any contravention of the provisions of this Part or of any byelaw made under it;
of ascertaining whether circumstances exist which would authorise or require the authority to take any action under this Part or any such byelaws;
for the purpose of taking any action authorised or required by this Part or any such byelaws to be taken by the authority; or
generally, for the purpose of the performance by the authority of their functions under this Part or any such byelaws.
If it is shown to the satisfaction of a justice of the peace on sworn information in writing that there is reasonable ground for entry into premises for any of the purposes mentioned in subsection (1) and— he may, by warrant under his hand, authorise the authority by any authorised officer to enter the premises, by force if need be.
that admission to premises has been refused, or that refusal is apprehended,
that the premises are unoccupied or the occupier is temporarily absent, or
that the case is one of urgency or that an application for admission would defeat the object of the entry,
A warrant shall not be issued unless the justice is satisfied either—
that notice of the intention to apply for a warrant has been given to the occupier, or
that the premises are unoccupied, the occupier is temporarily absent, the case is one of urgency, or the giving of such notice would defeat the object of the entry.
An authorised officer entering premises by virtue of this section, or of a warrant issued under this section, may take with him such other persons as may be necessary; and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them.
A warrant granted under this section continues in force until the purpose for which the entry is necessary has been satisfied.
It is a summary offence for a person intentionally to obstruct a person acting in the execution of this Part or of any byelaw or warrant made or issued under it.
A person committing such an offence is liable on conviction to a fine not exceeding level 3 on the standard scale.
Proceedings in respect of an offence created by or under this Part shall not, without the written consent of the Attorney General, be taken by any person other than a party aggrieved or the local housing authority.
If in proceedings under this Part it is alleged that the inmates of a house or part of a house are members of the same family, the burden of proving that allegation rests on the person by whom it is made.
In proceedings under this Part a document purporting to be a copy of an entry in the register of common lodging houses and purporting to be certified as such by the proper officer of the local housing authority shall be prima facie evidence of the matters recorded in the entry.
The proper officer of the local housing authority shall supply such a certified copy free of charge to any person who applies for it at a reasonable hour.
Section 341 of the Public Health Act 1936 (power to apply provisions to Crown property) applies to the provisions of this Part as it applies to provisions of that Act.
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):— common lodging house section 401 local housing authority section 1, 2(2) standard scale (in reference to the maximum fine on summary conviction) section 622
A local housing authority shall keep an account, called the “Housing Revenue Account”, of the income and expenditure of the authority in respect of— and such land, houses or other buildings not within the preceding paragraphs as the authority may determine from time to time with the consent of the Secretary of State.
all houses and other buildings which have been provided under Part II (provision of housing),
all houses purchased under section 192 (purchase of house found on appeal against repair notice to be unfit and beyond repair at reasonable cost),
all dwellings in respect of which a local authority have received assistance under section 1 or section 4(2A) of the Housing (Rural Workers) Act 1926, and
all land which has been acquired or appropriated for the purposes of Part II,
The consent of the Secretary of State for the purposes of subsection (1) may be given either generally to local housing authorities or to a particular authority or description of authority or in a particular case.
References in this Part to the houses or other property of an authority within the authority’s Housing Revenue Account are to the houses, dwellings or other property falling within subsection (1).
A local housing authority not possessing property falling within subsection (1) shall nevertheless keep a Housing Revenue Account if they are entitled to receive income arising from the investment or other use of money borrowed by them for the purpose of— or if they are entitled to receive income arising from the investment or other use of money derived from the sale or other disposal of dwellings or other property which has at any time been within their Housing Revenue Account.
the provision of housing accommodation under Part II, or
the purchase of houses under section 192 (houses found on appeal against repair notice to be beyond repair at reasonable cost) or the carrying out of works on houses purchased under that section,
The provisions of Schedule 14 have effect with respect to the keeping of an authority’s Housing Revenue Account, as follows— Part I—Credits to the account. Part II—Debits to the account. Part III—Supplementary provisions as to matters arising before 1972. Part IV—Rate fund contributions. Part V—Other supplementary provisions.
A local housing authority who are required to keep a Housing Revenue Account may also keep, in accordance with this section, an account called the “Housing Repairs Account”.
An authority who keep a Housing Repairs Account shall credit to the account—
contributions from their Housing Revenue Account,
sums received by the authority in connection with the repair or maintenance of houses or other property (within the authority’s Housing Revenue Account (either from their tenants or from the sale of scrapped or salvaged materials), and
income arising from the investment or other use of money credited to the account.
The authority shall debit to the account— and in this subsection “expenditure” includes loan charges.
all expenditure incurred by them in connection with the repair or maintenance of houses or other property within their Housing Revenue Account,
such expenditure incurred by them in connection with the improvement or replacement of houses or other property within their Housing Revenue Account as may from time to time be determined by the Secretary of State, and
any amount which is carried to the credit of the Housing Revenue Account in accordance with subsection (5);
The authority shall secure that sufficient credits are carried to the account to secure that it never shows a debit balance.
If the authority consider that a credit balance in the account at the end of a year will not be required for the purposes of the account, they may carry some or all of the balance to the credit of their Housing Revenue Account.
If an authority who have opened a Housing Repairs Account cease to maintain the account, any balance shall be carried to their Housing Revenue Account.
A determination of the Secretary of State under subsection (3)(b) may be made to apply to local housing authorities generally or to a particular authority or group of authorities and may make different provision in respect of different cases or descriptions of case.
Where it appears to the Secretary of State, as regards a Housing Revenue Account or Housing Repairs Account— he may give directions for the appropriate credits or debits to be made, or for the rectification of the account, as the case may require.
that amounts in respect of incomings and outgoings provided for in this Part have not been properly credited or debited to the account, or
that amounts in respect of incomings and outgoings not so provided for ought properly to be credited or debited to the account, or
that amounts have been improperly credited or debited to the account,
In the case of incomings and outgoings not provided for in this Part the direction may, instead of directing particular amounts to be credited or debited, direct generally that credits or debits shall be made in respect of incomings and outgoings of a kind specified in the direction.
Without prejudice to the generality of the preceding provisions, the Secretary of State may give such directions (which may be general directions or directions for a particular case) as to the amounts to be credited or debited to a Housing Revenue Account or Housing Repairs Account as in his opinion will ensure that the account reflects a proper system of internal accounting of the authority.
Before giving a direction the Secretary of State shall consult— except where the authorities who are to comply with the direction are all named in it, in which case the Secretary of State shall consult each of those authorities and need not consult any association of local authorities.
such associations of local authorities as appear to him to be concerned, and
any local authority with whom consultation appears to him to be desirable,
Housing subsidy is payable for each year to development corporations . . ..
Housing subsidy shall be credited to the corporation's housing account
if paid to a local housing authority, to the authority’s Housing Revenue Account, and
if paid to another body, to that body’s housing account or appropriate housing account.
Housing subsidy shall be paid by the Secretary of State at such times, in such manner and subject to such conditions as to records, certificates, audit or otherwise as he may, with the agreement of the Treasury, determine.
Payment of housing subsidy is subject to the making of a claim for it in such form, and containing such particulars, as the Secretary of State may from time to time determine.
The amount of the housing subsidy payable to a development corporation for a year (the year of account) shall be calculated from the amounts which, in accordance with sections 423 to 425, are the corporation’s— for the year, and shall be so calculated by using the formula BA+HCD-LCD.
base amount (BA),
housing costs differential (HCD), and
local contribution differential (LCD),
If the amount so calculated is nil or a negative amount, no housing subsidy is payable to the corporation for that year.
A development corporation’s base amount for a year of account is, subject to any adjustment under subsection (2), the amount calculated for the preceding year under section 422, that is to say, the amount of the housing subsidy payable to the corporation for that year or, if none was payable, nil or a negative amount, as the case may be.
If the Secretary of State is of opinion that particular circumstances require it, he may adjust the base amount for amy year by increasing or decreasing it, either generally or in relation to . . . any particular corporation .
A development corporation’s housing costs differential for a year of account is the amount by which their reckonable expenditure for that year exceeds their reckonable expenditure for the preceding year (and accordingly is nil or, as the case may be, a negative amount if the reckonable expenditure for the year is the same as or less than that for the preceding year).
A development corporation’s reckonable expenditure for a year is the aggregate of—
so much of the expenditure incurred by the corporation in that year and falling to be debited to the corporation’s housing account as the Secretary of State may determine, and
so much of any other expenditure incurred by the corporation in that year, or treated as so incurred in accordance with a determination made by the Secretary of State, as the Secretary of State may determine to be taken into account for the purposes of housing subsidy.
A determination may be made for all development corporations or different determinations may be made for individual corporations; and a determination may be varied or revoked in relation to all or any of the corporations for which it was made.
for authorities of different descriptions, or
for authorities in England and authorities in Wales, or in different parts of England or Wales; or
for individual authorities;
Before making a determination for all development corporations the Secretary of State shall consult organisations appearing to him to be representative of development corporations.
A development corporation’s local contribution differential for a year of account is the amount by which their reckonable income for that year exceeds their reckonable income for the preceding year (and accordingly is nil or, as the case may be, a negative amount if their reckonable income for the year is the same as or less than that for the preceding year).
A corporation’s reckonable income for a year is the amount which, in accordance with any determination made by the Secretary of State, the corporation are assumed to receive for that year as income which they are required to carry to their housing account including— but excluding any other subsidy, grant or contribution.
any contribution made by the corporation out of their general revenue account, and
any rent rebate subsidy payable under section 140Aof the Social Security Administration Act 1992,
A determination shall state the assumptions on which it is based and the method of calculation used in it, and in making it the Secretary of State shall have regard, amongst other things, to past and expected movements in incomes, costs and prices.
A determination may be made for all development corporations or different determinations may be made for different corporations or groups of corporations.
for authorities of different descriptions, or
for authorities in England and authorities in Wales, or in different parts of England and Wales, or
for individual authorities.
Before making a determination for all development corporations the Secretary of State shall consult organisations appearing to him to be representative of development corporations.
A determination shall be made known to the corporations for which it is made in the year preceding the year of account for which it is to have effect.
Sections 422 to 425 (calculation of housing subsidy) apply in relation to new town corporations and the Development Board for Rural Wales as they apply in relation to local housing authorities, but subject to the following provisions of this section.
In relation to a new town corporation—
sections 424(2) and 425(2) (reckonable expenditure and income) have effect with the substitution for references to the authority’s Housing Revenue Account of references to the corporation’s housing account, and
section 425(2)(a) (reckonable income to include rate fund contributions) has effect with the substitution for the reference to the authority’s general rate fund of a reference to the corporation’s general revenue account.
In relation to the Board—
sections 424(2) and 425(2) (reckonable expenditure and income) have effect with the substitution for references to the authority’s Housing Revenue Account of references to the Board’s housing account, and
section 425(2)(a) (reckonable income to include rate fund contributions) has effect with the substitution for the reference to any contribution made by the authority out of their general rate fund of a reference to any contribution made by the Board out of revenue.
The consultation required by section 424(4) or 425(5) (consultation before making general determinations) shall be with organisations appearing to the Secretary of State to be representative of new town corporations or, as the case may be, with the Developmental Board for Rural Wales.
The Commission for the New Towns shall be treated as a separate body in respect of each of its new towns.
Where housing subsidy has been paid to a development corporation . . . and it appears to the Secretary of State that— he may recover from that corporation the whole or such part of the payment as he may determine in accordance with the rules, with interest from such time and at such rates as he may so determine.
the purpose for which it was paid has not been fulfilled or not completely or adequately or not without unreasonable delay, and
that the case falls within rules published by him,
A sum recoverable under this section may, without prejudice to other methods of recovery, be recovered by withholding or reducing housing subsidy.
The withholding or reduction under this section of housing subsidy for a year does not affect the base amount for the following year.
The fact that a development corporation . . . has entered into a management agreement, and any letting of land in connection with such an agreement—
shall be disregarded in determining that corporation's reckonable income or expenditure for the purposes of housing subsidy, and
shall not be regarded as a ground for recovering, withholding or reducing any sum under section 427 (recoupment of housing subsidy).
Reference in subsection (1) to a management agreement includes a section 247 or 249 arrangement, as defined by section 250A(6) of the Housing and Regeneration Act 2008.
A local authority may borrow for any of the purposes for which borrowing was, before the commencement of this Act, authorised by— section 136(1) of the Housing Act 1957, section 54(1) of the Housing (Financial Provisions) Act 1958, or paragraph 19 of Schedule 8 to the Housing Act 1969.
The maximum period which may be sanctioned as the period for which money may be borrowed for any of those purposes by the Common Council of the City of London is 80 years, notwithstanding the provisions of any Act of Parliament.
The Secretary of State may, with the consent of the Treasury, make schemes for making contributions to the net cost (as determined under the schemes) to local housing authorities of disposing of dwellings where the authority— after carrying out works of repair, improvement or conversion.
disposes of a house as one dwelling,
divides a house into two or more separate dwellings and disposes of them, or
combines two houses to form one dwelling and disposes of it,
The cost towards which contributions may be made under such a scheme shall not exceed, for any one dwelling— or such other amount as may be prescribed by order of the Secretary of State made with the consent of the Treasury.
in respect of a dwelling in Greater London, £10,000.
elsewhere, £7,500,
An order under this section—
may make different provision in respect of different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “house” includes a flat.
— . . .
Capital money received by a local authority in respect of a disposal of, or other dealing with, land held for any of the purposes of this Act shall be applied either in the repayment of debt or for any other purpose for which capital money may properly be applied.
Where section 27 of the Town and Country Planning Act 1959 (general power to apply capital money without consent) does not apply, the application of capital money in accordance with subsection (1) shall be effected only with the consent of the Secretary of State, except that capital money received in respect of the disposal of, or other dealing with, land held for the purposes of Part II (provision of housing) may, without such consent, be applied by the authority in or towards the purchase of other land for the purposes of Part II.
The Secretary of State may, . . ., give financial assistance— and may, . . ., make payments otherwise than by way of financial assistance in pursuance of arrangements made with any such person.
to persons managing public sector or former public sector housing, and
to persons seeking to facilitate or encourage improvements in, or providing services in connection with, the management of such housing;
For this purpose—
“ public sector housing ” means housing accommodation in which an authority or body within section 80 (the landlord condition for secure tenancies) or subsection (2A) has an interest by virtue of which it receives a rack-rent, or would do so if the premises were let at a rack-rent; and
“ former public sector housing ” means housing accommodation in which such an authority, or a predecessor of such an authority or an authority abolished by the Local Government Act 1985 formerly had such an interest.
Subsection (2)(a) applies to the following bodies—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a housing trust which is a charity;
a private registered provider of social housing, or a registered social landlord, other than a co-operative housing association; and
a co-operative housing association which is neither a private registered provider of social housing nor a registered social landlord.
The reference in subsection (2)(a) to a body within subsection (2A) includes the Secretary of State if he has the interest as the result of the exercise by him (or Housing for Wales) of functions under Part III of the Housing Associations Act 1985.
The Secretary of State may, . . ., give financial assistance— and may, . . ., make payments otherwise than by way of financial assistance in pursuance of arrangements made with any such person.
to persons providing educational or training courses in housing management,
to persons providing services for those providing such courses, and
to persons providing financial or other assistance for those attending such courses;
Financial assistance given by the Secretary of State under subsection (1) or (3) may be given in any form, and may in particular be given by way of grants, loans or guarantees or by incurring expenditure for the benefit of the person assisted; but the Secretary of State shall not in giving such assistance purchase loan or share capital in a company.
Financial assistance may be given and other payments made on such terms as the Secretary of State, . . ., considers appropriate; and the terms may, in particular, include provision as to the circumstances in which the assistance or other payment must be repaid or otherwise made good to the Secretary of State and the manner in which that is to be done.
A person receiving financial assistance under this section shall comply with the terms on which it is given and compliance may be enforced by the Secretary of State.
A local authority or development corporation may not incur expenses in— except in accordance with proposals submitted by the authority or corporation to the Secretary of State and for the time being approved by him.
providing dwellings by the conversion of houses or other buildings, or
carrying out works required for the improvement of dwellings, with or without associated works of repair,
The Secretary of State’s approval may be given subject to such conditions, and may be varied in such circumstances, as appear to him to be appropriate; but before varying the terms of an approval he shall consult the authority or corporation concerned.
In this section “dwelling” has the same meaning as in Part XV (grants for works of improvement, repair and conversion).
The provisions of Schedule 15 have effect with respect to superseded contributions, subsidies, grants and other financial matters, as follows— Part I—Loans under the Housing (Rural Workers) Acts 1926 to 1942. . . . Part III—Contributions for improvement of dwellings by housing authorities. Part IV—Town development subsidy.
In this Part— “year” means a period of twelve months beginning on a 1st April.
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 or paragraph):— base amount section 423 charity section 622 co-operative housing association section 5(2) development corporation section 4(c) . . . . . . . . . . . . . . . . . . housing association section 5(1) housing authority section 4(a) housing costs differential section 424 . . . . . . . . . . . . housing subsidy section 421(1) housing trust section 6 . . . . . . local authority section 4(e) local contribution differential section 425 local housing authority section 1, 2(2) management agreement sections 27(2) and 27B(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . receiving authority (in Part IV of Schedule 15) paragraph 6 of that Part registered social landlord section 5(4) and (5) year section 433 year of account (in relation to housing subsidy) section 422
A local authority may advance money to a person for the purpose of— or for the purpose of facilitating the repayment of an amount outstanding on a previous loan made for any of those purposes.
acquiring a house,
constructing a house,
converting another building into a house or acquiring another building and converting it into a house, . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The authority may make an advance notwithstanding that it is intended that some part of the premises will be used, or continue to be used, otherwise than as a dwelling if it appears to the authority that the principal effect of making the advance would be to meet the applicant’s housing needs; and in such a case the premises shall be treated as a building to be converted into a house.
A local authority which is not a local housing authority may advance money to a person—
for the purpose of altering, enlarging, repairing or improving a house, or
for the purpose of facilitating the repayment of an amount outstanding on a previous loan made for any of those purposes.
The authority may make advances whether or not the houses or buildings are in the authority’s area.
An advance may be made in addition to assistance given by the authority in respect of the same house under any other Act or any other provision of this Act.
The provisions of this section have effect with respect to the terms of advances under section 435.
The advance, together with the interest on it, shall be secured by a mortgage of the land concerned; and an advance shall not be made unless the estate proposed to be mortgaged is either—
an estate in fee simple absolute in possession, or
an estate for a term of years absolute of which a period of not less that ten years in excess of the period fixed for the repayment of the advance remains unexpired on the date on which the mortgage is executed.
The amount of the principal of the advance shall not exceed the value of the mortgage security or, as the case may be the value which it is estimated the mortgaged security will bear when the construction, conversion, alteration, enlargement, repair or improvement has been carried out; and the advance shall not be made except after a valuation duly made on behalf of the authority.
Where the advance is for any of the purposes specified in section 435(1)(b) and (c) and (1A) (construction, conversion, alteration, enlargement, repair or improvement) it may be made by instalments from time to time as the works progress.
The mortgage deed shall provide— but subject to section 441 (waiver or reduction of payments in case of property requiring repair or improvement) and to section 446(1)(b) (assistance for first time buyers: part of loan interest-free for up to five years).
for repayments of the principal either by instalments of equal or unequal amounts, beginning on the date of the advance or at a later date, or at the end of a fixed period (with or without a provision allowing the authority to extend the period) or on the happening of a specified event before the end of that period, and
for the payment of instalments of interest throughout the period beginning on the date of the advance and ending when the whole of the principal is repaid;
The mortgage deed shall also provide that, notwithstanding the provisions referred to in subsection (5), the balance for the time being unpaid—
shall become repayable on demand by the authority in the event of any of the conditions subject to which the advance is made not being complied with, and
may, in any event, be repaid on one of the usual quarter-days by the person for the time being entitled to the equity of redemption after one month’s written notice of intention to repay has been given to the authority.
On the disposal of a house under section 32 (disposal by local authority of land held for purposes of Part II(— the local authority may agree to the price or premium, or part of it, and any expenses incurred by the purchaser, being secured by a mortgage of the premises.
by way of sale, or
by the grant or assignment of a lease at a premium
Where after 3rd October 1980 a local authority— the provision made by them with respect to interest on the sum advanced or remaining outstanding shall comply with the provisions of Schedule 16.
advance money for any of the purposes mentioned in section 435, or
on the disposal of a house allow, or have to allow, a sum to be left outstanding on the security of the house, or
take a transfer of a mortgage in pursuance of section 442 (agreement by local authority to indemnify mortgagee),
This section does not prevent a local authority from giving assistance in the manner provided by— section 441 (waiver or reduction of payments in case of property requiring repair or improvement), or section 446(1)(b) (assistance for first-time buyers: part of loan interest-free for up to five years).
This section does not apply to loans made by local authorities under— section 228 (duty to make loans for improvements required by improvement notice), or section 22 of the Housing Act 1996 or section 58 of the Housing Associations Act 1985 (financial assistance for housing associations).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An advance shall not be made for the purpose specified in the closing words of subsection (1) of section 435 (repayment of previous loan) or in subsection (1A)(b) of that section (repayment of previous loan for improvements etc), unless the authority satisfy themselves that the primary effect of the advance will be to meet the housing needs of the applicant by enabling him either—
to retain an interest in the house concerned, or
to carry out such works in relation to the building or house concerned as would be eligible for an advance under as the case may be.
subsection (1)(c) of that section (conversion), or
subsection (1A)(a) of that section (improvements, etc),
A local authority by whom has been advanced on the mortgage of a house in pursuance of any enactment may accept the deposit by the mortgagor of the sums estimated to be required for the maintenance or repair of the mortgaged premises, and may pay interest on sums so deposited.
Where a local authority— they may, if the conditions stated in subsection (2) are satisfied, give assistance in accordance with this section to the person acquiring the house.
advance money for the acquisition of a house which is in need of repair or improvement, or
on the disposal of a house which is in need of repair or improvement allow, or have to allow, a sum to be left outstanding on the security of the house,
The conditions are—
that the assistance is given in accordance with a scheme which either has been approved by the Secretary of State or conforms with such requirements as may be prescribed, and
that the person acquiring the house has entered into an agreement with the local authority to carry out, within a period specified in the agreement, such works of repair or improvement as are so specified.
The assistance shall take the form of making provision— for a period ending not later than five years after the date of the advance or, as the case may be, the date of the disposal.
for waiving or reducing the interest payable on the sum advanced or remaining outstanding, and
for dispensing with the repayment of principal,
In this section “prescribed” means prescribed by order of the Secretary of State made with the consent of the Treasury.
An order—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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) whereby, in the event of default by the mortgagor, and in the circumstances and subject to conditions specified in the agreement, the authority binds itself to indemnify the mortgagee in respect of the whole or part of the mortgagor’s outstanding indebtedness and any loss or expense falling on the mortgagee in consequence of the mortgagor’s default.
a building society lending on the security of a house, or
a recognised body making a relevant advance on the security of a house,
The agreement may also, if the mortgagor is made party to it, enable or require the authority in specified circumstances to take a transfer of the mortgage and assume rights and liabilities under it, the mortgagee being then discharged in respect of them.
The local authority may only enter into the agreement if the advance is for one or more of the purposes specified in subsection (1) or (1A) 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.
The transfer may be made to take effect—
on terms provided for by the agreement (including terms involving the substitution of a new mortgage agreement or modification of the existing one), and
so that the authority is treated as acquiring (for and in relation to the purposes of the mortgage) the benefit and burden of all preceding acts, omissions and events.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the case of a form of agreement with a building society, the Chief Registrar of Friendly Societies and such organisations representative of building societies and local authorities as the Secretary of State thinks expedient;
in the case of a form of agreement with a recognised body, such organisations representative of recognised bodies and local authorities as he thinks expedient.
A local authority may contribute towards costs incurred by a person in connection with a legal charge which secures, or a proposed legal charge which is intended to secure, a relevant advance made or proposed to be made to him by any person or body
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
The expression “recognised body” in sections 442 and 443 (agreements to indemnify mortgagees and contributions to mortgage costs) means a body specified, or of a class or description specified, by order of the Secretary of State made with the consent of the Treasury.
An order shall be made by statutory instrument.
Before making an order varying or revoking a previous order the Secretary of State shall give an opportunity for representations to be made on behalf of a body which, if the order were made, would cease to be a recognised body.
The expression “relevant advance” in those sections means an advance made to a person whose interest in the 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 local authority, a new town corporation, an urban development corporation, the Development Board for Rural Wales, the Housing Corporation, or a registered housing association.
The Secretary of State may make advances to recognised lending institutions enabling them to provide assistance to first-time purchasers of house property in Great Britain where—
the purchaser intends to make his home in the property,
finance for the purchase of the property (and improvements, if any) is obtained by means of a secured loan from the lending institution, and
the purchase price is within the prescribed limits.
In this section “prescribed” means prescribed by order of the Secretary of State.
An order—
may prescribe different limits for properties in different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.
Assistance under section 445 (assistence for first-time buyers) may be given in the following ways—
the secured loan may be financed by the Secretary of State to the exent of £600 (that amount being normally additional to that which the institution would otherwise have lent, but not so that the total loan exceeds the loan value of the property);
£600 of the total loan may be made free of interest, and of any obligation to repay principal, for up to five years from the date of purchase; and
the institution may provide the purchaser with a bonus on his savings (which bonus shall be tax-exempt) up to a maximum of £110, payable towards the purchase or expenses arising in connection with it.
The purchaser qualifies for assistance under subsection (1)(a) and (b) (interest-free loan) by satisfying the following conditions with respect to his own savings— and he qualifies for assistance under subsection (1)(c) (bonus on savings) by satisfying the conditions specified in paragraphs (a) and (b) above.
that he has been saving with a recognised savings institution for at least two years preceding the date of his application for assistance,
that throughout the twelve months preceding that date he had at least £300 of such savings, and
that by that date he has accumulated at least £600 of such savings;
The Secretary of State may allow for the conditions to be relaxed or modified in particular classes of case.
No assistance shall be given in any case unless the amount of the secured loan is at least £1,600 and amounts to not less than 25 per cent. of the purchase price of the property.
The Secretary of State may by order made with the consent of the Treasury—
alter any of the money sums specified in this section;
substitute a longer or shorter period for either or both of the periods mentioned in subsection (2)(a) and (b) (conditions as to savings);
alter the condition in subsection (2)(c) so as to enable the purchaser to satisfy it with lesser amounts of savings and to enable assistance to be given in such a case according to reduced scales specified in the order;
alter the percentage mentioned in subsection (4) (minimum secured loan).
An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.
The lending institutions recognised for the purposes of section 445 (assistance for first-time buyers) are—
The Secretary of State may by order made with the consent of the Treasury— but before making an order under paragraph (b) he shall give an opportunity for representations to be made on behalf of the body concerned.
add to the list in subsection (1), or
direct that a named body shall no longer be a recognised lending institution;
An order shall be made by statutory instrument.
The savings institutions recognised for the purposes of section 446 (qualifying conditions as to savings) are— an authorised deposit taker
The Secretary of State may by order made with the consent of the Treasury— but before making an order under paragraph (b) he shall give an opportunity for representations to be made on behalf of the body concerned.
add to the list in subsection (1), or
direct that a named body shall no longer be a recognised savings institution;
An order shall be made by statutory instrument.
Advances to lending institutions under section 445 (assistance for first-time buyers) shall be on such terms as to repayment and otherwise as may be settled by the Secretary of State, with the consent of the Treasury, after consultation with lending and savings institutions or organisations representative of them; and the terms shall be embodied in directions issued by the Secretary of State.
The following matters, among others, may be dealt with in directions issued by the Secretary of State—
the cases in which assistance is to be provided;
the method of determining the loan value of property for the purpose of section 446(1)(a) (limit on total loan);
the method of quantifying bonus by reference to savings;
the considerations by reference to which a person is or is not to be treated as a first-time purchaser of house property;
the steps which must be taken with a view to satisfying the conditions in section 446(2) (conditions as to purchaser’s own savings), and the circumstances in which those conditions are or are not to be treated as satisfied;
the supporting evidence and declarations which must be furnished by a person applying for assistance, in order to establish his qualification for it, and the means of ensuring that restitution is made in the event of it being obtained by false representations;
the way in which amounts paid over by way of assistance are to be repaid to the lending institutions and to the Secretary of State.
The Secretary of State may, to the extent that he thinks proper for safeguarding the lending institutions, include in the terms an undertaking to indemnify the institutions in respect of loss suffered in cases where assistance has been given.
The following provisions apply with respect to an advance by a building society which is partly financed under section 445 (assistance for first-time buyers) or the corresponding Scottish or Northern Ireland provisions—
so much of the advance as is so financed shall be treated as not forming part of the advance for the purpose of determining whether the advance, or any further advance made within two years of the date of purchase, is beyond the powers of the society.
the society, in complying with section 28(3) of the Building Societies Act 1962 (statutory notice to borrower where security taken from third party), shall state the amount of the basic advance without including the amount so financed, and
section 41 of the Building Societies Act 1962 (statutory provisions to be set out in society’s acknowledgement of loan) does not apply to an acknowledgement for such an advance.
The following provisions apply with respect to an undertaking of indemnity under section 449(3) or the corresponding Scottish or Northern Ireland provisions—
the undertaking shall not be treated for any purpose of the Building Societies Act 1962 as additional security for the advance, and
section 28 of the Building Societies Act 1962 (statutory notice to borrower where security taken from third party) does not apply by reason only of such an undertaking having been given.
The Treasury may lend money for the purpose of constructing or improving houses, or facilitating or encouraging the construction or improvement of houses, to any person entitled to land for an estate in fee simple absolute in possession or for a term of years absolute of which not less than 50 years remains unexpired.
A loan for any of those purposes, and interest on the loan, shall be secured by a mortgage of— and the money lent shall not exceed three-quarters of the value, to be ascertained to the satisfaction of the Treasury, of the estate or interest in the land proposed to be so mortgaged.
the land in respect of which the purpose is to be carried out, and
such other land, if any, as may be offered as security for the loan;
Any loan made under subsection (1) is a local loan for the purposes of section 3 of the National Loans Act 1968 (see Schedule 4 to that Act).
Loans may be made by instalments from time to time as the building or other work on land mortgaged under subsection (2) progresses (so, however, that the total amounts lent does not at any time exceed the amount specified in that subsection); and a mortgage may be accordingly made to secure such loans so made.
If the loan exceeds two-thirds of the value referred to in subsection (2), the Treasury shall require, in addition to such a mortgage as is mentioned in that subsection, such further security as they may think fit.
The period for repayment of the loan shall not exceed 40 years, and no money shall be lent on a mortgage of land or houses unless the estate proposed to be mortgaged is either a fee simple absolute in possession or an estate for a term of years absolute of which not less than 50 years are unexpired at the date of the loan.
This section does not apply to housing associations; but corresponding provision is made by section 23 of the Housing Act 1996
Where there has been a disposal of a house by a housing authority and— the provisions of Schedule 17 apply with respect to the vesting of the house in the authority.
the authority is a mortgagee of the house,
the conveyance or grant contains a pre-emption provision in favour of the authority, and
within the period during which the pre-emption provision has effect the authority becomes entitled as mortgagee to exercise the power of sale conferred by section 101 of the Law of Property Act 1925 or the mortgage deed.
In subsection (1)—
The vesting of a house under Schedule 17 shall be treated as a relevant disposal for the purposes of—
the provisions of Parts II and V relating to the covenant required by section 35 or 155 (repayment of discount on early disposal), and
any provision of the conveyance or grant to the like effect as the covenant required by those sections.
Where a conveyance or grant executed before 26th August 1984 contains both— the latter covenant or provision has effect as from that date with such modifications as may be necesary to bring it into conformity with the provisions of this section.
a pre-emption provision within the meaning of subsection (1), and
the covenant required by section 35 or 155 (repayment of discount on early disposal) or any other provision to the like effect.
The preceding provisions of this section do not apply where the conveyance or grant was executed before 8th August 1980.
Where before 8th August 1980 a local authority sold property under the powers of section 104(1) of the Housing Act 1957 (disposal of houses provided under Part V of that Act) and— the provisions of Schedule 17 apply with respect to the vesting of the property in the authority, but subject to the modifications specified in paragraph 4 of that Schedule.
part of the price was secured by a mortgage of the property,
such a condition was imposed on the sale as was mentioned in section 104(3)(c) of that Act, and
within the period during which the authority has the right to re-acquire the property they become entitled to exercise the power of sale conferred by section 101 of the Law of Property Act 1925 or by the mortgage deed,
Where— that power includes power to advance further amounts for the purpose of assisting the tenant to make payments in pursuance of that provision.
a lease of a house, granted otherwise than in pursuance of the provisions of part V (the right to buy) relating to shared ownership leases, contains a provision to the like effect as that required by paragraph 1 of Schedule 8 (terms of shared ownership lease: right of tenant to acquire additional shares), and
a housing authority (other than the Homes and Communities Agencyor the Greater London Authority) has, in the exercise of any of its powers, left outstanding or advanced any amount on the security of the house.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
recommendations made to building societies or recognised bodies about the making of agreements under section 442 (local authority agreements to indemnify mortgagees) or the corresponding Northern Ireland provision, or
recommendations made to lending institutions and savings institutions about the manner of implementing sections 445 to 449 (assistance for first-time buyers) or the corresponding Scottish or Northern Ireland provisions.
In determining for the purposes of the Restrictive Trade Practices Act 1976 whether an agreement between building societies is one to which that Act applies by virtue of an order made, or having effect as if made, under section 11 of that Act (restrictive agreements as to services), no account shall be taken of any term (whether or not subject to exceptions) by which the parties or any of them agree not to grant loans on the security of new houses unless they have been built by or at the direction of a person who is registered with, or has agreed to comply with the standards of house building laid down or approved by, an appropriate body.
In subsection (1)—
The reference in subsection (1) to a term agreed to by the parties or any of them includes a term to which the parties or any of them are deemed to have agreed by virtue of section 16 of the Restrictive Trade Practices Act 1976 (recommendations of services supply associations).
The provisions of Schedule 18 have effect with respect to advances made under the Small Dwellings Acquisition Acts 1899 to 1923 before the repeal of those Acts by the Housing (Consequential Provisions) Act 1985.
The Secretary of State may by regulations provide that where— the tenant has, in such circumstances as may be prescribed, a right to a loan in respect of service charges to which this section applies.
a lease of a flat has been granted in pursuance of Part V (the right to buy), and
the landlord is the housing authority who granted the lease or another housing authority,
But, except for cases where he is the landlord as the result of the exercise by him (or Housing for Wales) of functions under Part III of the Housing Associations Act 1985, the regulations may not contain provision for cases where the Secretary of State is the landlord.
This section applies to service charges in respect of repairs or improvements (whether to the flat, the building in which it is situated or any other building or land) which are payable in the period beginning with the grant of the lease and ending with the tenth aniversary of the grant or, where the lease provides for service charges to be payable by reference to a specified annual period, with the end of the tenth such period beginning after the grant of the lease.
The regulations may provide that the right— the amounts being either prescribed or ascertained in a prescribed manner.
arises only in respect of so much of a service charge as exceeds a minimum qualifying amount and does not exceed a maximum qualifying amount, and
does not arise unless the amount thus qualifying for a loan itself exceeds a minimum amount,
The regulations shall provide that the right is—
where the landlord is a housing association, a right to an advance from the Relevant Authority, and
in any other case, a right to leave the whole or part of the service charge outstanding.
The regulations may, as regards the procedure for exercising the right, provide—
that a demand for service charges in respect of repairs or improvements shall inform the tenant whether, in the landlord’s opinion, he is entitled to a loan and, if he is, what he must do to claim it;
that the right must be claimed within a prescribed period of the demand; and
that on the right being claimed the lender shall inform the tenant of the terms of the loan and of the prescribed period within which the tenant may accept the offer.
In subsection (4)(a) “ the Relevant Authority ”, in relation to a housing association falling within section 6A(4) and in the case of a property outside Greater London, means the Homes and Communities Agency.
In subsection (4)(a) “ the Relevant Authority ”, in relation to a housing association falling within section 6A(4) and in the case of a property in Greater London, means the Greater London Authority.
In this section—
The Secretary of State may by regulations provide that where— the landlord or, where the landlord is a housing association, the Relevant Authority may, in such circumstances as may be prescribed, make a loan to the tenant in respect of the service charges.
a housing authority (other than the Homes and Communities Agencyor the Greater London Authority) is the landlord of a flat under a long lease granted or assigned by the authority or by another housing authority, and
the tenant is liable under the terms of the lease to pay service charges in respect of repairs or improvements (whether to the flat, the building in which it is situated or any other building or land),
But, except for cases where he is the landlord as the result of the exercise by him (or Housing for Wales) of functions under Part III of the Housing Associations Act 1985, the regulations may not contain provision for cases where the Secretary of State is the landlord.
The regulations shall provide that the power is—
where the landlord is a housing association, a power of the Relevant Authority to make an advance, and
in any other case, a power of the landlord to leave the whole or part of the service charge outstanding.
Where the tenant is entitled to a loan in pursuance of regulations under section 450A, the power conferred by regulations under this section may be exercised in respect of any part of the service charge which does not qualify for a loan under that section.
For the purposes of this section a long lease granted or assigned by the Secretary of State shall only be taken to have been granted or assigned by a housing authority if the Secretary of State granted or assigned it in exercise of his powers under section 90 of the Housing Associations Act 1985.
In this section—
This section does not affect any other power of the landlord, or the Relevant Authority, to make loans.
This section does not apply to a landlord which is a housing association falling within section 6A(4) (housing associations which are not Welsh or Scottish housing associations).
This section applies to regulations under section 450A or 450B (regulations conferring right to loan, or power to make loan, in respect of service charges).
The regulations may provide that the right or, as the case may be, the power does not arise in the case of any prescribed description of landlord.
The regulations shall provide that the loan— and shall, in either case, be secured by a mortgage of the flat in question, but may be made whether or not the flat is adequate security for the loan.
in the case of a loan made in pursuance of regulations under section 450A (the right to a loan), shall be on such terms as may be prescribed, and
in the case of a loan made by virtue of regulations under section 450B (power to make loan), shall be on such terms as the lender may determine subject to any provision made by the regulations;
The regulations may—
in a case where a rate of interest is payable on some or all of the loan, either prescribe the rate or provide that the rate shall be such reasonable rate as may be determined by the lender or, where the lender is a local authority, provide that Schedule 16 applies (local authority mortgage interest rates);
in a case where amounts calculated by reference to the market value of the flat are payable instead of (or as well as) interest, make provision about calculating the market value of the flat (including imposing charges for the services of district valuers);
as regards administrative expenses of the lender in connection with a loan, provide that the lender may charge such expenses to the borrower, to the extent that they do not exceed such amount as may be prescribed, and that the expenses so charged may, at the option of the borrower in the case of a loan under section 450A and at the option of the lender in the case of a loan under section 450B, be added to the amount of the loan.
The regulations may apply whenever the lease in question was granted or assigned and whenever the service charge in question became payable.
The regulations—
may make different provision for different cases or descriptions of case, including different provision for different areas;
may contain such incidental, supplementary and transitional provisions as the Secretary of State considers appropriate; and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part “house” includes— and “house property” shall be construed accordingly.
any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it, and
any part of a building which is occupied or intended to be occupied as a separate dwelling including, in particular, a flat;
In this Part—
in relation to section 442 (local authority agreements to indemnify mortgagees), Article 156 of the Housing (Northern Ireland) Order 1981;
in relation to sections 445 to 449 (assistance for first-time buyers), Part IX of that Order;
A profit-making registered provider of social housing is a housing authority for the purposes of this Part only in relation to social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.
In section 444 “ housing authority ” does not include the Secretary of State unless the interest in the house is or was acquired on a disposal by him under section 90 of the Housing Associations Act 1985; and in section 452 “ housing authority ” does not include the Secretary of State unless the disposal was under that section 90.
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 or paragraph):— bank section 622 building society section 622 co-operative housing association section 5(2) . . . . . . corresponding Northern Ireland provisions section 458 corresponding Scottish provisions section 458 development corporation section 4(1)(c) . . . . . . district valuer section 622 first time purchaser section 449(2)(d) fit for human habitation section 604 friendly society section 622 house section 457 house property section 457 housing association section 5(1) housing authority sections 4(a) and 458 . . . . . . insurance company section 622 local authority section 4(e) long lease sections 115 and 458 new town corporation section 4(b) ownership and proprietor (in relation to an advance under the Small Dwellings Acquisition Acts) paragraphs 9(2) and (3) of Schedule 18 . . . . . . recognised lending institution section 447 recognised savings institution section 448 registered social landlord section 5(4) and (5) the Relevant Authority section 6A residence (in relation to an advance under the Small Dwellings Acquisition Acts) paragraph 9(1) of Schedule 18 service charge section 458 statutory conditions (in relation to an advance under the Small Dwellings Acquisition Acts) paragraph 2 of Schedule 18 trustee savings bank section 622 urban development corporation section 4(d)
The appropriate national authority may by regulations provide that where— the landlord may, with the agreement of the tenant and in such circumstances as may be prescribed, purchase an equitable interest in the flat for the purpose of assisting the tenant to meet some or all of the service charge payments.
a housing authority is the landlord of a flat under a long lease granted or assigned by the housing authority or another housing authority, and
the tenant is liable under the terms of the lease to pay service charges in respect of repairs or improvements (whether to the flat, the building in which it is situated or any other building or land),
Regulations under this section shall ensure that the purchase price is to be met by the landlord reducing or (as the case may be) cancelling the service charge payable to the landlord by the tenant to such extent as corresponds to the amount concerned.
Regulations under this section may, in particular—
provide that the power to purchase an equitable interest does not arise in the case of particular descriptions of landlord;
make provision about calculating the purchase price (including provision about any discounts and about imposing charges for the services of district valuers);
provide for—
the tenant to be liable for the administrative expenses of the landlord in connection with the purchase;
such expenses not to exceed such amount (if any) as may be specified in the regulations;
the purchase price to include, at the option of the purchaser, a deduction for such expenses;
provide for an alteration, as a result of the purchase of the equitable interest, in the liability of the tenant for future service charges or improvement contributions.
Regulations under this section may not contain provision for cases where the Secretary of State or the Welsh Ministers are the landlord unless the Welsh Ministers are the landlord—
as the result of the exercise by them of functions under Part 3 of the Housing Associations Act 1985; or
as the result of—
the exercise by the former National Assembly for Wales, the Secretary of State, Housing for Wales or the Housing Corporation of functions under Part 3 of the Act of 1985; and
the transfer of the flat to the Welsh Ministers by virtue of paragraph 39 of Schedule 11 to the Government of Wales Act 2006.
For the purposes of this section a long lease granted or assigned by— shall be taken to have been granted or assigned by a housing authority if (but only if) the person concerned granted or assigned it in exercise of its powers under section 90 of the Housing Associations Act 1985.
the Welsh Ministers, or
in a case falling within subsection (4)(b), the former National Assembly for Wales, the Secretary of State, Housing for Wales or the Housing Corporation,
This section does not affect any other power of the landlord to purchase an equitable interest in the flat for the purpose of assisting the tenant to meet some or all of the service charge payments.
Regulations under this section may apply whenever the lease concerned was granted or assigned and whenever the service charge concerned became payable.
Regulations under this section—
are to be made by statutory instrument;
may make different provision for different cases or descriptions of case including different provision for different areas;
may contain such incidental, supplementary and transitional provisions as the appropriate national authority considers appropriate.
An instrument containing regulations made under this section—
by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament;
by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
In this section—
The following grants are payable by local housing authorities in accordance with the following provisions of this Part— improvement grants (sections 467 to 473), intermediate grants (sections 474 to 482), special grants (sections 483 to 490), and repairs grants (sections 491 to 498); and references in this Part to grants, without more, are to those grants.
The grants are payable towards the cost of works required for—
the provision of dwellings by the conversion of houses or other buildings,
the improvement of dwellings,
the repair of dwellings, and
the improvement of houses in multiple occupation.
The grants are not payable where the provision, improvement or repair is by— a local authority, a new town corporation, or the Development Board for Rural Wales.
A grant shall be paid by a local housing authority only if an application for it is made to the authority in accordance with the provisions of this Part and is approved by them.
The application shall specify the premises to which the application relates and contain—
particulars of the works in respect of which the grant is sought (referred to in this part as “the relevant works”) and an estimate of their cost, and
such other particulars as may be specified by the Secretary of State.
A local housing authority may not entertain an application for a grant if— except in the circumstances specified in subsection (4).
the relevant works are or include works which were the relevant works in relation to an application previously approved under the Part, and
the applicant is, or is the personal representative of, the person who made the earlier application,
Such an application may be entertained if the relevant works have not been begun and either—
more than two years have elapsed since the date on which the previous application was approved, or
the application is made with a view to taking advantage of an order under section 509 (orders varying appropriate percentage for purposes of determining amount of grant).
A local housing authority shall not entertain an application for— unless they consider it appropriate to do so.
an improvement grant in respect of works required for the provision of a dwelling by the conversion of a house or other building which was erected after 2nd October 1961, or
any grant for the improvement or repair of a dwelling which was provided after 2nd October 1961.
The authority’s discretion to entertain such applications is subject to such general or special directions as may be given by the Secretary of State.
A local housing authority may entertain an application for a grant only if they are satisfied that— and references in this part to an “owner’s application” or a “tenant’s application” shall be construed accordingly.
the applicant has, or proposes to acquire, an owner’s interest in every parcel of land on which the relevant works are to be or have been carried out, or
the applicant is a tenant of the dwelling;
In subsection (1)(a) an “owner’s interest” means an interest which is either— and where an authority entertain an owner’s application by a person who proposes to acquire the necessary interest, they shall not approve the application until they are satisfied that he has done so.
an estate in fee simple absolute in possession, or
a term of years absolute of which not less than five years remain unexpired at the date of the application;
In subsection (1)(b) a “tenant” means a person who has in relation to the dwelling—
a protected tenancy, protected occupancy or statutory tenancy,
a secure tenancy,
a tenancy to which section 1 of the Landlord and Tenant Act 1954 applies (long tenancies at low rents) and of which less than five years remain unexpired at the date of the application, or
a tenancy which satisfies such conditions as may be prescribed by order of the Secretary of State.
An authority shall not entertain a tenant’s application for an improvement grant in respect of works required for the provision of a dwelling.
An order under this section—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section has effect subject to— sections 486 and 494 (works required by statutory notice), and section 513 (parsonages, applications by charities, etc.).
A local housing authority shall not entertain an owner’s application, other than an application for a special grant, unless it is accompanied by— in respect of the dwelling, or each of the dwellings for the provision, improvement or repair of which the application is made.
a certificate of owner-occupation, or
a certificate of availability for letting,
A local housing authority may refuse to entertain a tenant’s application unless it is accompanied by a certificate of availability for letting given by a person from whom the authority could have approved an owner’s application.
A “certificate of owner-occupation” is (except where it is given by personal representatives or trustees) a certificate stating that the applicant intends that, on or before the first anniversary of the certified date and throughout the period of four years beginning on that first anniversary, the dwelling will be the only or main residence of, and will be occupied exclusively by, either—
the applicant himself and members of his household (if any), or
a person who is a member of the applicant’s family, or a grandparent or grandchild of the applicant or his spouse, and members of that person’s household (if any).
Where the application for grant is made by the personal representatives of a deceased person or by trustees, a “certificate of owner-occupation” is a certificate stating that the applicants are personal representatives or trustees and intend that, on or before the first anniversary of the certified date and throughout the period of four years beginning with that first anniversary, the dwelling will be the only or main residence of, and exclusively occupied by, either— and in this subsection “beneficiary” means a person who, under the will or intestacy, or, as the case may require, under the terms of the trust, is beneficially entitled to an interest in the dwelling or the proceeds of sale of it.
a beneficiary and members of his household (if any), or
a person related to a beneficiary by being a member of his family or a grandparent or grandchild of the beneficiary or his spouse, and members of that person’s household (if any);
A “certificate of availability for letting” is a certificate stating that the person giving the certificate intends that, throughout the period of five years beginning with the certified date— (disregarding any part of that period in which neither of the above paragraphs applies but the dwelling is occupied by a protected occupier under the Rent (Agriculture) Act 1976).
the dwelling will be let or available for letting as a residence, and not for a holiday, to a person other than a member of the family of the person giving the certificate, or
the dwelling will be occupied or available for occupation by a member of the agricultural population in pursuance of a contract of service and otherwise than as a tenant.
A local housing authority may not approve an application for a grant if the relevant works have been begun unless they are satisfied that there were good reasons for beginning the works before the application was approved.
Subsection (1) has effect subject to sections 486 and 494 (works required by statutory notice).
The Secretary of State may direct that applications for an improvement grant or intermediate grant of a specified description shall not be approved without his consent.
Such directions may be given to local housing authorities generally or to a particular local housing authority.
The Secretary of State’s consent may be given generally or with respect to a particular authority or particular description of application.
The works for which an improvement grant may be given are— other than works falling entirely within section 474 (works for which intermediate grant may be given).
works required for the provision of a dwelling by the conversion of a house or other building, or
works required for the improvement of a dwelling,
The references in subsection (1) to works required for the provision or improvement of a dwelling include any works of repair or replacement needed, in the opinion of the local housing authority, for the purpose of enabling the dwelling concerned to attain the required standard referred to in section 468.
A local housing authority shall not approve an application for an improvement grant unless they are satisfied that, on completion of the relevant works, the dwelling or, as the case may be, each of the dwellings to which the application relates will attain the required standard.
A dwelling attains the required standard if—
it is provided with all the standard amenities for the exclusive use of its occupants,
it is in reasonable repair,
it conforms with such requirements with respect to construction and physical conditions and the provision of services and amenities as may for the time being be specified by the Secretary of State for the purposes of this section, and
it is likely to provide satisfactory housing accommodation for a period of 30 years.
If it appears to the authority that it is not practicable at reasonable expense for a dwelling— the authority may, for that dwelling, reduce the required standard by dispensing with the condition in question to such extent as will enable them, if they think fit, to approve the application.
to be provided with all the standard amenities, or
to be put into a state of reasonable repair, or
to conform in every respect with the requirements referred to subsection (2)(c),
The authority may also, to the extent that they think fit, dispense with any of the conditions specified in subsection (2)(a) to (c) if they are satisfied that the applicant could not, without undue hardship, finance the cost of the works without the assistance of a grant.
The authority may, if it appears to them reasonable to do so in any case, reduce the required standard by substituting for the period specified in subsection (2)(d) such shorter period of not less than 10 years as appears to them to be appropriate in the circumstances.
This section applies where an application for an improvement grant in respect of works required for— is accompanied by a certificate of owner-occupation relating to that dwelling or, as the case may be, one of those dwellings.
the improvement of a dwelling or dwellings, or
the provision of a dwelling or dwellings by the conversion of premises which consist of a house or two or more houses,
In a case within subsection (1)(a) the local housing authority shall not approve the application if, on the date of the application, the rateable value of the dwelling to which the certificate relates is in excess of the limit specified under this section.
In a case within subsection (1)(b) the local housing authority shall not approve the application if, on the date of the application— is in excess of the limit specified under this section.
the rateable value of the house or, as the case may be, any of the houses referred to in that paragraph, or
where the certificate relates to a dwelling to be provided by the conversion of premises consisting of or including two or more houses, the aggregate of the rateable values of those houses,
The Secretary of State may by order made with the consent of the Treasury specify the rateable value limits for the purposes of this section.
An order—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of this section the rateable value on any day of a dwelling or house is—
if the dwelling or house is a hereditament for which a rateable value is then shown in the valuation list, that rateable value;
if the dwelling or house forms part only of such a hereditament, or consists of or forms part of more than one such hereditament, such value as the local housing authority, after consultation with the applicant as to an appropriate apportionment or aggregation, shall determine.
This section does not apply—
to dwellings in housing action areas, or
where the application for an improvement grant is made in respect of a dwelling for a disabled occupant and it appears to the local housing authority that the works are needed to meet a requirement arising from the particular disability from which the disabled occupant suffers.
A local housing authority may approve an application for an improvement grant in such circumstances as they think fit.
Subsection (1) has effect subject to the following provisions (which restrict the cases in which applications may be approved)— section 463(2) (person who proposes to acquire but has not yet acquired an owner’s interest), section 465 (works already begun), section 466 (cases in which consent of Secretary of State is required), section 468 (standard of repair to be attained), and section 469 (rateable value limit for owner-occupied dwellings).
Where a local housing authority approve an application for an improvement grant, they shall determine the amount of the expenses which in their opinion are proper to be incurred for the execution of the relevant works, and shall notify the applicant of that amount.
Not more than 50 per cent., or such other percentage as may be prescribed, of the estimated expense of any works shall be allowed for works of repair and replacement.
If, after an application for a grant has been approved, the authority are satisfied that owing to circumstances beyond the control of the applicant the relevant works will not be carried out on the basis of the estimate contained in the application, they may, on receiving a further estimate, redetermine the estimated expense in relation to the grant.
If the applicant satisfies the authority that— the authority may determine a higher amount as the amount of the estimated expense.
the relevant works cannot be, or could not have been, carried out without carrying out additional works, and
this could not have been reasonably foreseen at the time the application was made,
In this section “prescribed” means prescribed by order of the Secretary of State.
An order—
may make different provision for different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Except in a case or description of case in which the Secretary of State approves a higher eligible expense, the eligible expense for the purposes of an improvement grant is so much of the estimated expense as does not exceed the limit determined under this section.
The limit is the amount for the dwelling or, if the application relates to more than one dwelling, the total of the amounts for each of the dwellings applicable under the following paragraphs—
for a dwelling which is provided by the conversion of a house or other building consisting of three or more storeys (counting the basement as a storey if all or part of the dwelling is in the basement), £2,400 or such other sum as may be prescribed, and
for a dwelling which is improved by the relevant works or is provided by them otherwise than as mentioned in paragraph (a), £2,000 or such other sum as may be prescribed.
In subsection (2) “prescribed” means prescribed by order of the Secretary of State.
An order—
may make different provision for different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.
If the local housing authority are satisfied in a particular case that there are good reasons for increasing the amount of the limit, they may substitute such higher amount as the Secretary of State may approve; and his approval may be given either with respect to a particular case or with respect to a description of case.
The amount of an improvement grant shall be fixed by the local housing authority when they approve the application, and shall not exceed the appropriate percentage of the eligible expense.
The authority shall notify the applicant of the amount of the grant together with the notification under section 471(1) (notification of estimated expense of relevant works).
Where the authority redetermine the amount of the estimated expense under section 471(3) (new estimate where works cannot be carried out in accordance with original estimate), they shall make such other adjustments relating to the amount of the grant as appear to them to be appropriate; but the amount of the grant shall not be increased beyond the amount which could have been notified when the application was approved if the estimate contained in the application had been of the same amount as the further estimate.
Where the authority redetermine the amount of the estimated expense under section 471(4) (re-determination where additional works prove necessary), the eligible expense under section 472 shall be re-calculated and if on the recalculation the amount of the eligible expense is greater than it was at the time when the application was approved, the amount of the grant shall be increased and the applicant notified accordingly.
The works for which an intermediate grant may be given are—
works required for the improvement of a dwelling by the provision of a standard amenity where the dwelling lacks an amenity of that description (including works such as are referred to in section 475(3)(b) (works for provision of amenity affected by other relevant works), or
works required for the improvement of a dwelling by the provision of a standard amenity where, in the case of a dwelling for a disabled occupant, an existing amenity of the same description is not readily accessible to him by reason of his disability.
The references in subsection (1) to works required for the improvement of a dwelling by the provision of a standard amenity include any works of repair or replacement which, in the opinion of the local housing authority, are needed for the purpose of putting the dwelling into a state of reasonable repair.
An application for an intermediate grant shall specify the standard amenity or amenities which it is intended to provide by the relevant works, and if some only of the standard amenities are to be so provided shall state whether the dwelling is already provided with the remainder.
An application for a grant for such works as are mentioned in section 474(1)(a) (works for provision of standard amenity which is lacking) shall state with respect to each standard amenity to be provided whether to the best of the knowledge and belief of the applicant the dwelling has been without that amentiy for a period of at least twelve months ending with the date on which the application is made.
The local housing authority shall not approve such an application unless they are satisfied, with respect to each of the standard amenities to be provided—
that the dwelling concerned has been without that amenity for a period of at least twelve months ending with the date on which the application is made, or
that the dwelling is provided with that amenity on the date of the application but relevant works (other than those for the provision of the amenity) involve, and it would not be reasonably practicable to avoid, interference with or replacement of that amenity.
An application for an intermediate grant for such works as are mentioned in section 474(1)(b) (works for provision of standard amenity in place of amenity not readily accessible to disabled occupant) shall state that the dwelling possesses the standard amenity in question but that it is not or will not be readily accessible to the disabled occupant by reason of his disability.
The local housing authority shall not approve such an application unless they are satisfied that the existing amenity in question is not or will not be readily accessible to the disabled occupant by reason of his disability.
A local housing authority shall not approve an application for an intermediate grant unless—
they are satisfied that on completion of the relevant works the dwelling or, as the case may be, each of the dwellings to which the application relates will be fit for human habitation, or
it seems reasonable in all the circumstances to approve the application even though the dwelling or dwellings will not reach that standard on completion of the relevant works.
The following provisions do not apply to an application for an intermediate grant, duly made in accordance with this Part, where the relevant works consist solely of works which the applicant is required to carry out by an improvement notice served or an undertaking accepted under Part VII (improvement notices)— section 463 (preliminary condition: interest of applicant in the property), section 464 (preliminary condition: certificate of future occupation), section 465 (application not to be approved if works already begun), section 466 (approval requiring consent of Secretary of State), section 475 (requirements as to standard amenities provided or to be provided), section 476 (standard of fitness to be attained by dwelling).
Where the relevant works specified in an application for an intermediate grant include works of repair or replacement which go beyond those needed, in the opinion of the local housing authority, to put the dwelling into reasonable repair, the authority may with the consent of the applicant treat the application as varied so that the relevant works— and may approve the application as so varied.
are confined to works other than works of repair or replacement, or
include only such works of repair and replacement as (taken with the rest of the relevant works) will, in the opinion of the authority, put the dwelling into reasonable repair,
A local housing authority shall approve an application for an intermediate grant which is duly made in accordance with the provisions of this Part.
Subsection (1) has effect subject to the following provisions (which restrict the cases in which applications may be approved)— section 463(2) (person who proposes to acquire but has not yet acquired an owner’s interest), section 465 (works already begun), section 466 (cases in which consent of Secretary of State is required), section 475(3) and (5) (requirements as to amenities provided), and section 476 (standard of fitness to be attained).
Where a local housing authority approve an application for an intermediate grant, they shall determine separately the amount of the expenses which in their opinion are proper to be incurred— and they shall notify the applicant of the amounts so determined by them.
for the execution of those of the relevant works which relate solely to the provision of standard amenities, and
for the execution of those of the relevant works which consist of works of repair and replacement;
Where the relevant works make provision for more than one standard amenity of the same description, only one amenity of that description shall be taken into account.
If, after an application for a grant has been approved, the authority are satisfied that owing to circumstances beyond the control of the applicant the relevant works will not be carried out on the basis of the estimate contained in the application, they may, on receiving a further estimate, redetermine the estimated expense in relation to the grant.
If the applicant satisfies the authority that— the authority may determine a higher amount under either or both of paragraphs (a) and(b) of subsection (1).
the relevant works cannot be, or could not have been, carried out without carrying out additional works, and
that this could not have been reasonably foreseen at the time the application was made,
Except in a case or description of case in which the Secretary of State approves a higher eligible expense, the eligible expense for the purpose of an intermediate grant is the aggregate of—
so much of the estimated expense determined under section 480(1)(a) (expense of provision of standard amenities) as does not exceed the total of the amounts specified in column 2 of the Table in section 508(1) (standard amenities and maximum eligible amounts) in relation to each of the standard amenities to be provided by the relevant works, and
so much of the estimated expense determined under section 480(1)(b) (expense of works of repair and replacement) as does not exceed the limit determined under the following provisions of this section.
The limit referred to in subsection (1)(b) in a case where either— is £2,000 or such other amount as may be prescribed.
the dwelling will in the opinion of the local housing authority be put on completion of the relevant works into reasonable repair, or
it appears to the authority that the applicant could not without undue hardship finance the cost of the works necessary to put the dwelling into reasonable repair,
In any other case the limit referred to in subsection (1)(b) is £200, or such other amount as may be prescribed, multiplied by the number of standard amenities to be provided on completion of the relevant works, subject to a maximum of £800 (or such other amount as may be prescribed).
In this section “prescribed” means prescribed by order of the Secretary of State.
An order—
may make different provision for different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.
The amount of an intermediate grant shall be the appropriate percentage of the eligible expense.
The authority shall notify the applicant of the amount of the grant together with the notification under section 480(1) (notification of estimated expense of relevant works).
Where the authority redetermine the amount of the estimated expense under section 480(3) (new estimate where works cannot be carried out in accordance with original estimate), they shall make such other adjustments relating to the amount of the grant as appear to them to be appropriate; but the amount of the grant shall not be increased beyond the amount which could have been notified when the application was approved if the estimate contained in the application had been of the same amount as the further estimate.
Where the authority redetermine the amount of the estimated expense under section 480(4) (redetermination where additional works prove necessary), the eligible expense shall be re-calculated under section 481 and if on the recalculation the amount of the eligible expense is greater than it was at the time that the application was approved the amount of the grant shall be increased, and the applicant notified, accordingly.
The works for which a special grant may be made are works required for the improvement of a house in multiple occupation by the provision of—
standard amenities, or
means of escape from fire.
The reference in subsection (1) to works required for the improvement of a house in multiple occupation in the respects mentioned includes any works of repair or replacement which, in the opinion of the local housing authority, are needed for the purpose of enabling the house to attain the standard of repair required by section 485.
An application for a special grant shall state by how many households and individuals the house concerned is occupied and, as applicable—
the standard amenities with which it is already provided, and
the means of escape from fire which are already available.
The local housing authority shall not approve an application for a special grant unless they are satisfied that on completion of the relevant works the house will be in reasonable repair.
If in the opinion of the authority the relevant works are more extensive than is necessary for the purpose of securing that the house will attain that standard, the authority may, with the consent of the applicant, treat the application as varied so that the relevant works include only such works as seem to the authority necessary for that purpose; and they may then approve the application as so varied.
The local housing authority shall not refuse an application, duly made, for a special grant—
in so far as it relates to the provision of standard amenities and the authority are satisfied that the relevant works are necessary for compliance with so much of a notice under section 352 (works required to render house fit for number of occupants) as relates to standard amenities;
in so far as it relates to the provision of means of escape from fire and the authority are satisfied that the relevant works are necessary for compliance with a notice under section 366 (works required for provision of means of escape from fire).
So far as this section applies to an application, the following provisions do not apply— section 463 (preliminary conditions: interest of applicant in the property), section 465 (restriction on grants for works already begun), and section 485(1) (standard of repair to be attained).
To the extent that the application does not fall within section 486 (mandatory grants for works required by notice under Part XI) the local housing authority may approve an application for a special grant in such circumstances as they think fit.
Subsection (1) has effect subject to the following provisions (which restrict the cases in which applications may be approved)— section 463(2) (person who proposes to acquire but has not yet acquired an owner’s interest), section 465 (works already begun), and section 485 (standard of repair to be attained).
Where a local authority approve an application for a special grant, they shall determine separately the amounts of the expenses which they think proper to be incurred for those of the relevant works which— and they shall notify the applicant of the amounts so determined by them.
consist in providing standard amenities,
relate to the provision of means of escape from fire, and
consist of works of repair and replacement;
If, after the application for the grant has been approved, the authority are satisfied that owing to circumstances beyond the control of the applicant the relevant works will not be carried out on the basis of the estimate contained in the application, they may, on receiving a further estimate, redetermine the estimated expense in relation to the grant.
If the applicant satisfied the authority that— the authority may determine a higher amount under any of paragraphs (a) to (c) of subsection (1).
the relevant works cannot be, or could not have been, carried out without carrying out additional works, and
that this could not have been reasonably foreseen at the time the application was made,
Except in a case or description of case in which the Secretary of State approves a higher eligible expense, the eligible expense for the purposes of a special grant is the aggregate of the contributory elements specified in the following subsections.
As regards the provision of standard amenities, the contributory element is so much of the amount determined under section 488(1)(a) as does not exceed the aggregate of the amounts specified in the second column of the Table in section 508(1) (standard amenities and maximum eligible amounts) in relation to each of the standard amenities to be provided by the relevant works (so that, where the relevant works make provision for more than one standard amenity of the same description, a separate amount shall be aggregated for each of those amenities).
As regards the provision of means of escape from fire, the contributory element is so much of the amount determined under section 488(1)(b) as does not exceed £6,750 or such other amount as may be prescribed.
As regards works of repair and replacement, the contributory element is so much of the amount determined under section 488(1)(c) as does not exceed £2,000 or such other amount as may be prescribed.
In this section “prescribed” means prescribed by order of the Secretary of State.
An order—
may make different provision with respect to different cases of descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.
The amount of a special grant—
so far as the grant is made in pursuance of section 486(1) (mandatory grants for works required by notice under Part XI), is the appropriate percentage of the eligible expense, and
otherwise, is such as may be fixed by the local housing authority when they approve the application for the grant but shall not exceed the appropriate percentage of the eligible expense.
The authority shall notify the applicant of the amount of the grant together with the notification under section 488(1) (notification of estimated expense of relevant works).
Where the authority redetermine the amount of the estimated expense under section 488(2) (new estimate where works cannot be carried out in accordance with original estimate), they shall make such other adjustments relating to the amount of the grant as appear to them to be appropriate; but the amount of the grant shall not be increased beyond the amount which could have been notified when the application was approved if the estimate contained in the application had been of the same amount as the further estimate.
Where the authority redetermine the amount of the estimated expense under section 488(3) (redetermination where additional works prove necessary), the eligible expense shall be recalculated under section 489 and if on the recalculation the amount is greater than when the application was approved, the amount of the grant shall be increased, and the applicant notified, accordingly.
The works for which a repairs grant may be given are works of repair or replacement relating to a dwelling, not being works associated with other works required for the provision of the dwelling by conversion of a house or other building or for the improvement of the dwelling.
A local housing authority shall not approve an application for a repairs grant unless—
they are satisfied that the relevant works are of a substantial and structural character, or
the relevant works satisfy such requirements as may be prescribed for the purposes of this section by order of the Secretary of State made with the consent of the Treasury.
An order—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
An application for a repairs grant shall only be approved if it is made in respect of an old dwelling, as defined by order of the Secretary of State.
Where an application for a repairs grant is accompanied by a certificate of owner-occupation, and the dwelling is not situated in a housing action area, the application shall only be approved if the rateable value at the date of the application is within the limits specified by order of the Secretary of State made with the consent of the Treasury.
An order under subsection (1) or (2)—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The local housing authority shall not approve an application for a repairs grant unless they are satisfied that on completion of the relevant works the dwelling or, as the case may be, each of the dwellings to which the application relates will be in reasonable repair.
If in the opinion of the authority the relevant works are more extensive than is necessary for the purpose of securing that the dwelling or dwellings attain that standard, the authority may, with the consent of the applicant, treat the application as varied so that the relevant works include only such works as seem to the authority to be necessasry for that purpose; and they may then approve the application as so varied.
The local housing authority shall not refuse an application, duly made, for a repairs grant so far so far as it relates to the execution of works required by a notice under section 189 or 190 (repair notices) and the authority are satisfied that the works are necessary for compliance with the notice.
So far as this section applies to an application, the following provisions do not apply— section 463 (preliminary condition: interest of applicant in the property), section 464 (preliminary condition: certificate as to future occupation), and section 465 (restriction on grants for works already begun).
To the extent that the application does not fall within section 494 (mandatory grants for works required by repairs notice), the local housing authority may approve an application for a repairs grant in such circumstances as they think fit.
Subsection (1) has effect subject to the following provisions (which restrict the cases in which applications may be approved)— section 463(2) (person who proposes to acquire but has not yet acquired an owner’s interest), section 465 (works already begun), section 491(2) (nature of works for which repairs grants may be given), section 492 (dwelling in respect of which repairs grants may be given), and section 493 (standard of repair to be attained).
Where a local housing authority approve an application for a repairs grant, they shall determine the amount of the expenses which in their opinion are proper to be incurred for the execution of the relevant works and shall notify the applicant of that amount.
If, after an application for a grant has been approved, the authority are satisfied that owing to circumstances beyond the control of the applicant the relevant works will not be carried out on the basis of the estimate contained in the application, they may, on receiving a further estimate, redetermine the estimated expense in relation to the grant.
If the applicant satisfied the authority that— the authority may determine a higher amount under subsection (1).
the relevant works cannot be, or could not have been, carried out without carrying out additional works, and
this could not have been reasonably foreseen at the time the application was made,
Except in a case or description in respect of which the Secretary of State approves a higher eligible expense, the eligible expense for the purpose of a repairs grant is so much of the estimated expense as does not exceed £800 or such other amount as may be prescribed.
In subsection (1) “prescribed” means prescribed by order of the Secretary of State.
An order—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.
The amount of a repairs grant—
so far as the grant is made in pursuance of section 494(1) (mandatory grants for works required by repairs notice), is the appropriate percentage of the eligible expense, and
otherwise, is such as may be fixed by the local housing authority when they approve the application for the grant but shall not exceed the appropriate percentage of the eligible expense.
The authority shall notify the applicant of the amount of the grant together with the notification under section 496(1) (notification of estimated expense of works).
Where the authority redetermine the amount of the estimated expense under section 496(2) (new estimate where works cannot be carried out in accordance with original estimate), they shall make such other adjustments relating to the amount of the grant as appear to them to be appropriate; but the amount of the grant shall not be increased beyond the amount which could have been notified when the application was approved if the estimate contained in the application had been of the same amount as the further estimate.
Where the authority redetermine the amount of the estimated expense under section 496(3) (redetermination where additional works prove necessary), the eligible expense shall be re-calculated under section 497, and if on the re-calculation the amount is greater than when the application was approved the amount of the grant shall be increased, and the applicant notified, accordingly.
Where an application for a grant (other than a special grant) has been approved by a local housing authority, the provisions of— section 500 (condition as to owner-occupation), section 501 (condition as to availability for letting), and section 502 (conditions as to provision of information about occupation), apply during the initial period as to the occupation of the dwelling or, as the case may be, each of the dwellings to which the grant relates.
The “initial period” means the period of five years beginning with the date certified by the authority as the date on which the dwelling first becomes fit for occupation after the completion of the relevant works to the satisfaction of the authority.
That date is referred to in this Part as “the certified date”.
This section applies where the application for the grant was accompanied by a certificate of owner-occupation.
It is a condition of the grant that—
throughout the first year of the initial period the dwelling will, as a residence, be occupied exclusively by, or be available for the exclusive occupation of, a qualifying person and the members of his household (if any), and
if at any time after that first year (but during the initial period) the dwelling is not occupied exclusively as his only or main residence by a qualifying person and members of his household (if any), it will be let or available for letting by a qualifying person as a residence, and not for a holiday, to persons other than members of that person’s family.
The following persons are “qualifying persons” for the purposes of this section—
the applicant and any person deriving title to the dwelling through or under him;
a member of the applicant’s family or a grandparent or grandchild of the applicant or his spouse;
at a time when personal representatives or trustees are the qualifying persons by virtue of paragraph (a), a person who under the will or intestacy or, as the case may be, under the terms of the trusts concerned is beneficially entitled to an interest in the dwelling or the proceeds of sale of the dwelling;
a person related to one who qualifies under paragraph (c) by being a member of his family or a grandparent or grandchild of his or of his spouse.
In determining whether there is a breach of the condition specified in subsection(2), a period of not more than twelve months during which the condition was not fulfilled shall be disregarded if—
the period began on the death of a qualifying person who immediately before his death was occupying the dwelling as his residence, and
throughout the period an interest in the dwelling (or in the proceeds of sale of the dwelling), being either the interest which belonged to the deceased or an interest which arose or fell into possession on his death, is vested in his personal representatives (acting in that capacity), or in trustees as such, or by virtue of section 9 of the Administration of Estates Act 1925 (vesting of estate of intestate between death and grant of administration) in the Probate Judge within the meaning of that Act.
This section applies where the application for the grant was accompanied by a certificate of availability for letting.
It is a condition of the grant that throughout the initial period— (disregarding any part of that period in which neither of the above paragraphs applies but the dwelling is occupied by a person who is a protected occupier under the Rent (Agriculture) Act 1976).
the dwelling will be let or available for letting as a residence, and not for a holiday, by a qualifying person to persons other than members of the family of that qualifying person or of any other person who is for the time being a qualifying person in relation to the dwelling, or
the dwelling will be occupied or available for occupation by a member of the agricultural population in pursuance of a contract of service and otherwise than as a tenant,
The following persons are “qualifying persons” for the purposes of this section—
the applicant and any person who derives title to the dwelling through or under him otherwise than by a conveyance for value;
a member of the applicant’s family or a grandparent or grandchild of the applicant or his spouse;
at a time when personal representatives or trustees are the qualifying persons by virtue of paragraph (a), a person who under the will or intestacy or, as the case may require, under the terms of the trusts concerned is beneficially entitled to an interest in the dwelling or the proceedings of sale of the dwelling;
a person related to one who qualifies under paragraph (c) by being a member of his family or a grandparent or grandchild of his or of his spouse.
Where the application was accompanied by a certificate under section 464(2) (tenants' applications: certificate to be given by owner or landlord), subsection (3) has effect with the substitution for the references to the applicant of references to the person who gave the certificate.
It is a condition of the grant—
that if, at any time within the initial period, the authority by whom the grant was paid serve notice on the owner of the dwelling requiring him to do so, he shall, within the period of 21 days beginning with the date on which the notice is served, furnish to the authority a certificate giving such information as the authority may reasonably require with respect to the occupation of the dwelling, and
that, if required to do so by the owner of the dwelling, any tenant of the dwelling will furnish the owner with such information as he may reasonably require to enable him to furnish the certificate to the authority.
Where an application for an improvement grant, intermediate grant or repairs grant is approved by a local housing authority, then, subject to subsection (2), the authority— but the authority may impose no other condition in relation to the approval or making of the grant, whether purporting to operate by way of a condition of the grant, a personal covenant or otherwise.
may impose with respect to the dwelling or, as the case may be, each of the dwellings to which the grant relates the further conditions specified in section 504 (further conditions as to letting of dwellings), and
shall do so, subject to subsection (3), in the case of a dwelling situated in an area which on the date on which the application is approved is a housing action area or general improvement area;
The further conditions specified in section 504 may not be imposed to the extent that the grant relates to— or where the application is a tenant’s application and is not accompanied by a certificate of availability for letting.
a dwelling in which a registered housing assocation or co-operative housing association has an estate or interest on the date on which the application is approved, or
a dwelling in respect of which a certificate of owner-occupation has been given and which has not been let in whole or in part for residential purposes at any time during the period of twelve months immediately preceding the date on which the application is approved (disregarding for this purpose any letting to the applicant, to a member of his family or to a grandparent or grandchild of the applicant or his spouse),or
a dwelling which is occupied by or available for occupation by a member of the agricultural population in pursuance of a contract of service and otherwise than as a tenant, or
a dwelling which is occupied by a person who is a protected occupier or statutory tenant under the Rent (Agriculture) Act 1976.
In the case of a dwelling within subsection (1)(b) in respect of which a certificate of owner-occupation has been given, the local housing authority need not impose the further conditions specified in section 504 if it appears to them that in the special circumstances of the case it would be reasonable to dispense with them.
The conditions referred to in section 503(1) (power of local housing authority to impose further conditions) are—
that the dwelling will be let or available for letting on a regulated tenancy or a restricted contract;
that the owner of the dwelling will, if the authority serve notice requiring him to do so, give the authority, within the period of 21 days beginning with the date on which the notice is served, a certificate that the condition set out in paragraph (a) is being fulfilled;
that any tenant of the dwelling will, if required to do so by the owner, give him such information as he may reasonably require for the purpose of enabling him to comply with the condition set out in paragraph (b);
that, if on the certified date there is no registered rent for the dwelling and no application or reference is pending, an application or reference will be made before the expiry of the period of 14 days beginning with the first day, not being earlier than the certified date, on which the dwelling is or becomes subject to a regulated tenancy or let on a restricted contract;
that any such application or reference, either pending or made as mentioned in paragraph(d), will be diligently proceeded with and not withdrawn; and
that no premium (within the meaning of Part IX of the Rent Act 1977) will be required as a condition of the grant, renewal or continuance, on or after the certified date, of a lease or agreement for a lease of, or restricted contract relating to, the dwelling.
In subsection (1)
“regulated tenancy” has the same meaning as in the Rent Act 1977,
“registered rent”, in relation to a dwelling subject to, or available for letting on, a regulated tenancy, means a rent registered under Part IV of that Act, and in relation to a dwelling let or available for letting on a restricted contract, means a rent registered in the register kept under section 79 of that Act, and
“application” and “reference”, in relation to the registration of a rent, mean, respectively, an application to the rent officer and a reference of the restricted contract to the rent tribunal.
A grant condition is in force— but subject to the provisions of section 506 and 507 (repayment of grant).
in the case of a condition imposed under section 503 (further conditions) with respect to a dwelling which on the date on which the application is approved is in a housing action area, for the period of seven years beginning with the certified date, and
in any other case, for the period of five years beginning with that date;
So long as a grant condition remains in force—
it is binding on any person, other than a housing authority or registered housing association, who is for the time being the owner of the dwelling to which the grant relates, and
it is enforceable against all other persons having an interest in the dwelling as if it were a condition of the terms of every lease, agreement for a lease or statutory tenancy of, or of property including, the dwelling.
A grant condition is a local land charge.
In the event of a breach of a grant condition, the local housing authority may demand that the owner for the time being of the dwelling repay the grant forthwith.
The amount payable is— together with compound interest on that amount or part as from the certified date, calculated at such reasonable rate as the local housing authority may determine and with yearly rests.
where the grant related to a single dwelling, the amount of the grant, or
where the grant related to two or more dwellings, such part of the grant as appears to the authority to be referable to the dwelling to which the breach relates,
The authority may determine not to make such a demand or may demand a lesser amount.
On satisfaction of the liability arising from a demand under this section, all conditions of the grant cease to be in force with respect to the dwelling in question.
If at any time while a condition of a grant remains in force— all conditions of the grant cease to be in force with respect to that dwelling.
the owner of the dwelling to which the condition relates pays to the local housing authority by whom the grant was made the amount specified in section 506(2) (amount repayable for breach of condition), or
a mortgagee of the interest of the owner in that dwelling, being a mortgagee entitled to exercise a power of sale, makes such a payment,
An amount paid under subsection (1) by a mortgagee shall be treated as part of the sums secured by the mortgage and may be discharged accordingly.
The purposes authorised for the application of capital money by— section 73 of the Settled Land Act 1925, that section as applied by section 28 of the Law of Property Act 1925 in relation to trusts for sale, and section 26 of the Universities & College Estates Act 1925, include the making of payments under subsection (1).
The standard amenities for the purposes of this Part are those described in column 1 of the following Table (subject to the Notes below); and the maximum eligible amounts for each description of amenity are those shown in column 2 of the Table. Description of amenity Maximum eligible amount Premises in Greater London Premises elsewhere £ £ A fixed bath or shower (see Notes 1 and 2) 450 340 A hot and cold water supply at a fixed bath or shower (see Notes 1 and 2) 570 430 A wash-hand basin 175 130 A hot and cold water supply at a wash-hand basin 300 230 A sink 450 340 A hot and cold water supply at a sink 380 290 A water closet (see Note 3) 680 515 NOTES: A fixed bath or shower shall be in a bathroom, unless Note 2 applies. If it is not reasonably practicable for the fixed bath or shower to be in a bathroom but it is reasonably practicable for it to be provided with a hot and cold water supply, it need not be in a bathroom but may be in any part of the dwelling which is not a bedroom. A water closet shall, if reasonably practicable, be in, and accessible from within, the dwelling or, where the dwelling is part of a larger building, in such a position in that building as to be readily accessible from the dwelling. Notes 2 and 3 do not apply for the purposes of special grants.
The Secretary of State may by order vary the provisions of the above Table and Notes.
An order—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas,
may contain such transitional or other supplementary provisions as appear to the Secretary of State to be expedient, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.
The “appropriate percentage” for the purpose of determining the amount or maximum amount of a grant shall be prescribed by order of the Secretary of State made with the consent of the Treasury.
An order—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument and shall not be made unless a draft of it has been laid before and approved by resolution of the House of Commons.
An order has effect with respect to applications for grants approved after such date as may be specified in the order, and the specified date shall not be earlier than the date of the laying of the draft.
If the local housing authority— they shall give the applicant a statement in writing of their reasons for doing so.
do not approve an application for a grant, or
where the amount of the grant is discretionary, fix the amount at less than the appropriate percentage of the eligible expense.
Where the local housing authority have approved an application for a grant, they shall pay the grant, subject to section 512 (conditions as to completion of works).
The grant may be paid—
after the completion of the works towards the cost of which it is payable, or
in part by instalments as the works progress and the balance after completion of the works.
Where a grant is paid in instalments, the aggregate of the instalments paid before the completion of the works shall not at any time exceed—
in the case of an intermediate grant, the appropriate percentage of the total cost of the works so far executed;
in the case of an improvement grant, special grant or repairs grant, an amount bearing to that total cost the same proportion as the amount of the grant fixed by the authority bears to the eligible expense.
The payment of a grant, or part of a grant, is conditional upon the works or the corresponding part being executed to the satisfaction of the local housing authority.
In approving an application for a grant the authority may require as a condition of paying the grant that the relevant works are carried out within such time, not being less than twelve months, as the authority may specify or such further time as they may allow.
In particular, where the authority are satisfied that the relevant works cannot or could not have been carried out without the carrying out of additional works, they may allow further time as the time within which the relevant works and the additional works are to be carried out.
If an instalment of a grant is paid before the completion of the works and the works are not completed within— the authority may demand the repayment forthwith by the applicant or his personal representatives of that instalment, and any further sums paid by the authority, together with interest at such reasonable rate as the authority may determine from the date of payment until repayment.
the time specified by the authority under subsection (2) or such further time as they may allow, or
if no time was so specified, twelve months from the date on which the instalment is paid or such further time as the authority may allow,
This section applies to—
an application for a grant in respect of glebe land or the residence house of an ecclesiastical benefice made, during a period when the benefice is vacant, by a sequestrator of the profits of the benefice, and
an application for a grant made by a charity or on behalf of a charity by the charity trustees of the charity.
The following provisions do not apply to an application to which this section applies— section 463(1) (preliminary condition: interest of applicant in the property), section 464 (preliminary condition: certificate as to future occupation), and sections 499 to 504 (grant conditions as to future occupation, &c.).
The local housing authority may by agreement with a person having the requisite interest execute at his expense—
any works towards the cost of which a grant under this Part is payable or might be paid on an application duly made and approved, and
any further works which it is in their opinion necessary or desirable to execute together with the works mentioned in paragraph (a)
The “requisite interest” means an interest in every parcel of land on which the works are to be carried out which is either—
an estate in fee simple absolute in possession, or
a term of years absolute of which not less than five years remains unexpired.
The works with respect to which an agreement may be made under this section include, if the works are to be carried out in a general improvement area—
any works the carrying out of which will or might be assisted under section 255(1)(a) (improvement of amenities or dwellings), or
any works of external repair (including decorative repair) or replacement.
In relation to a grant or an application for a grant, references in the preceding provisions of this Part, and in subsection(2) below, to the applicant shall be construed in relation to any time after his death as a reference to his personal representatives.
If, before the certified date, the applicant ceases to have an owner’s interest or ceases to be a tenant of the dwelling—
no grant shall be paid or, as the case may be, no further instalments shall be paid, and
the local housing authority may demand that any instalment of the grant which has been paid, be repaid forthwith, together with interest from the date on which it was paid until repayment at such reasonable rate as the authority may determine.
In subsection (2) “owner’s interest” and “tenant” have the same meaning as in section 463(1) (preliminary condition: interest of applicant in the property).
The Secretary of State may make contributions towards the expense incurred by a local housing authority in making a grant.
The contributions shall be annual sums—
payable in respect of a period of 20 years beginning with the financial year in which the works towards the cost of which the grant was made were completed, and
equal to a percentage of the annual loan charges referable to the amount of the grant.
Subject to any order under section 517 (power to vary percentages), the percentage is— and, subject to subsection (4), the applicable percentage shall be determined by reference to the state of affairs at the date when the application is approved.
90 per cent. in a case where the premises to which the application relates are in a general improvement area or housing action area, and
75 per cent. in any other case;
Where on that date the premises are in an area declared to be a housing action area and the Secretary of State subsequently notifies the local housing authority— he may (without prejudice to his discretion under subsection (1) not to make a contribution) make a contribution on the basis that the applicable percentage is 75 per cent.
that the area is no longer to be such an area, or
that land on which the premises are situated is to be excluded from the area,
The annual loan charges referable to the amount of a grant are the annual sums which, in the opinion of the Secretary of State, would fall to be provided by a housing authority for the payment of interest on, and the repayment of, a loan of that amount repayable over a period of 20 years.
Contributions under this section are payable subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.
The Secretary of State may by order made with the consent of the Treasury vary either or both of the percentages mentioned in section 516 (contributions by Secretary of State to expense of making grants).
An order—
may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
shall be made by statutory instrument and shall not be made unless a draft of it has been laid before and approved by resolution of the House of Commons.
An order has effect with respect to applications for grants approved after such date as may be specified in the order, and the specified date shall not be earlier than the date of the laying of the draft.
In this Part “dwelling for disabled occupant” means a dwelling which— and “disabled occupant” means a disabled person for whose benefit it is proposed to carry out any of the relevant works.
is a disabled occupant’s only or main residence when an application for a grant in respect of it is made, or
is likely in the opinion of the local housing authority to become a disabled occupant’s only or main residence within a reasonable period after the completion of the relevant works,
In subsection (1) “disabled person” means— and for this purpose “welfare authority” means the council which is the local authority for the purposes of the Local Authority Social Services Act 1970 for the area in which the dwelling is situated.
a person who is registered in pursuance of arrangements made under section 29(1) of the National Assistance Act 1948 (handicapped persons' welfare), or
any other person for whose welfare arrangements have been made under that provision or, in the opinion of the welfare authority, might be made under it;
In this part “improvement”, in relation to a dwelling for a disabled occupant, includes the doing of works required for making it suitable for his accommodation, welfare or employment.
In determining what is “reasonable repair”, in relation to a dwelling or house, a local housing authority—
shall have regard to the age and character of the dwelling or house and the locality in which it is situated
for the purposes of an intermediate grant, shall also have regard to the period during which the dwelling is likely to be available for use as a dwelling, and
shall disregard the state of internal decorative repair.
A person is a member of another’s family within the meaning of this Part if—
he is the spouse of that person, or
he is that person’s parent or child.
For the purposes of subsection (1)(b)—
a relationship by marriage shall be treated as a relationship by blood,
the stepchild of a person shall be treated as his child, and
an illegitimate child shall be treated as the legitimate child of his mother and reputed father.
Local housing authorities shall make grants, in accordance with such schemes as may be prepared and published by the Secretary of State and laid by him before Parliament, towards the cost of works undertaken to improve the thermal insulation of dwellings in their district.
Schemes under this section shall specify—
the descriptions of dwelling and the insulation works qualifying for grants, and
the persons from whom applications may be entertained in respect of different descriptions of dwelling,
The grant shall be such percentage of the cost of the works qualifying for grant as may be prescribed, or such money sum as may be prescribed, whichever is the less.
A scheme may provide for grants to be made only to those applying on grounds of special need or to be made in those cases on a prescribed higher scale; and for this purpose “special need” shall be determined by reference to such matters personal to the applicant (such as age, disability, bad health and inability without undue hardship to finance the cost of the works) as may be specified in the scheme.
In this section “prescribed” means prescribed by order of the Secretary of State made with the approval of the Treasury.
An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.
Finance for the making of grants under section 521 shall be provided to local housing authorities from time to time by the Secretary of State.
A local housing authority is not required, nor has power, to make grants under section 521 in any year beyond those for which the Secretary of State has notified them that finance is committed for that year in respect of the authority’s district.
In the administration of grants under section 521 local housing authorities shall comply with any directions given to them by the Secretary of State after consultation with their representative organisations.
The Secretary of State may, in particular, give directions as to—
the way in which applications for grants are to be dealt with, and the priorities to be observed between applicants and different categories of applicant, and
the means of authenticating applications, so that grants are only given in proper cases, and of ensuring that the works are carried out to any standard specified in the applicable scheme.
The Secretary of State shall, with the approval of the Treasury, pay such sums as he thinks reasonable in respect of the administrative expenses incurred by local housing authorities in operating schemes under section 521.
The local housing authority may, if they think fit, give assistance in respect of the provision of a separate service pipe for a house which has a piped supply of water from a water main but no separate service pipe.
The assistance shall be by way of a grant in respect of all or part of the expenses incurred in the provision of the separate service pipe.
The reference in subsection (2) to the expenses incurred in the provision of the separate service pipe includes, in a case where all or part of the works are carried out by . . . water undertakers (whether in exercise of default powers or otherwise), sums payable to the undertakers by the owner of the house, or any other person, for carrying out the works.
Schedule 19 has effect with respect to contributions payable under superseded enactments.
The following Table shows provisions defining or otherwise explaining expressions used in this part (other than provisions defining or explaining an expression in the same section):— agricultural population section 525 applicant section 515(1) appropriate percentage section 509 certificate of availability for letting section 464(5) certificate of owner-occupation section 464(3), (4) certified date section 499(3) charity section 622 charity trustees section 525 common parts (for the purposes of common parts grant) section 498A(2)(b) common parts grant section 460 and 498A co-operative housing association section 5(2) district (of a local housing authority) section 2(1) dwelling section 525 dwelling for a disabled occupant section 518 eligible expense sections 472, 481, 489 and ,497 and 498F fit for human habitation section 604 flat (for the purposes of common parts grant) section 498A(2)(a) general improvement area section 253 grant (without more) section 460(1) house in multiple occupation section 525 housing action area section 239 housing association section 5(1) housing authority section 4(a) improvement section 518(3) and 525 improvement grant sections 460 and 467 initial period section 499(2) intermediate grant sections 460 and 474 lessee and let section 621 local housing authority section 1, 2(2) long tenancy section 115 member of family section 520 owner section 525 protected occupancy section 622 protected tenancy section 622 reasonable repair section 519 registered and unregistered (in relation to a housing association) section 5(4) relevant works section 461(2) repairs grant sections 460 and 491 restricted contract section 622 secure tenancy section 79 special grant section 460 and 483 standard amenity section 508(1) statutory tenancy section 622 tenancy and tenant section 621
A person is eligible for assistance under this Part in respect of a dwelling if— but subject to section 533 (exceptions to eligibility).
he is an individual who is not a trustee, a trustee for beneficiaries who are all individuals or a personal representative,
the dwelling is a defective dwelling within the meaning of this Part by virtue of a designation under section 528 (designation by Secretary of State) or section 559 (designation under local scheme),
he holds a relevant interest in the dwelling, as defined in section 530, and
the conditions specified in section 531 (conditions of eligibility: disposal by public sector authority, &c.) are satisfied;
The Secretary of State may designate as a class buildings each of which consists of or includes one or more dwellings if it appears to him that—
buildings in the proposed class are defective by reason of their design or construction, and
by virtue of the circumstances mentioned in paragraph (a) having become generally known, the value of some or all of the dwellings concerned has been substantially reduced.
A dwelling which is, or is included in, a building in a class so designated is referred to in this Part as a “defective dwelling”; and in this Part, in relation to such a dwelling—
“the qualifying defect” means what, in the opinion of the Secretary of State, is wrong with the buildings in that class, and
“the cut-off date” means the date by which, in the opinion of the Secretary of State, the circumstances mentioned in subsection (1)(a) became generally known.
A designation shall describe the qualifying defect and specify—
the cut-off date,
the date (being a date falling on or after the cut-off date) on which the designation is to come into operation, and
the period within which persons may seek assistance under this Part in respect of the defective dwellings concerned.
A designation may make different provision in relation to England and Wales; subject to that, a designated class shall not be described by reference to the area in which the buildings concerned are situated.
Notice of a designation shall be published in the London Gazette.
Any question arising as to whether a building is or was at any time in a class designated under this section shall be determined by the Secretary of State.
The Secretary of State may—
vary a designation under section 528, but not so as to vary the cut-off date, or
revoke such a designation.
The Secretary of State may by a variation of the designation extend the period referred to in section 528(3)(c) (period within which assistance must be applied for) whether or not it has expired.
The variation or revocation of a designation does not affect the operation of the provisions of this Part in relation to a dwelling if, before the variation or revocation comes into operation, the dwelling is a defective dwelling by virtue of the designation in question and an application for assistance under this Part has been made.
Notice of the variation or revocation of a designation shall be published in the London Gazette.
In this Part “relevant interest”, in relation to a dwelling, means the freehold or a long tenancy, not being in either case subject to a long tenancy.
A tenancy is a long tenancy for this purpose, subject to subsection (3), if it is—
a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture or otherwise,
a tenancy granted in pursuance of Part V (the right to buy), or
a tenancy for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, unless it is a tenancy by sub-demise from one which is not a long tenancy.
A tenancy is not a long tenancy for this purpose if it is—
an interest created by way of security and liable to termination by the exercise of a right of redemption or otherwise, or
a secure tenancy.
References in this part to an interest in a dwelling are to an interest in land which is or includes the dwelling.
The conditions referred to in section 527(d) (eligibility for assistance) are that there has been a disposal by a public sector authority of a relevant interest in the dwelling and that either of the following sets of conditions is satisfied.
The first set of conditions is that—
the disposal by a public sector authority was made before the cut-off date, and
there has been no disposal for value by any person of a relevant interest in the dwelling on or after that date.
The second set of conditions is that—
a person to whom section 527 applies acquired a relevant interest in the dwelling on a disposal for value occurring within the period of twelve months beginning with the cut-off date,
he was unaware on the date of the disposal of the association of the dwelling with the qualifying defect,
the value by reference to which the price for the disposal was calculated did not take any, or any adequate, account of the qualifying defect, and
if the cut-off date had fallen immediately after the date of the disposal, the first set of conditions would have been satisfied.
For the purposes of this section where a public sector authority hold an interest in a dwelling a disposal of the interest by or under an enactment shall be treated as a disposal by the authority.
References in this Part to a disposal include a part disposal; but for the purposes of this Part a disposal of an interest in a dwelling is a disposal of a relevent interest in the dwelling only if on the disposal the person to whom it is made acquires a relevant interest in the dwelling.
Where an interest in land is disposed of under a contract, the time at which the disposal is made is, for the purposes of this Part— and not, if different, the time at which the interest is conveyed.
if the contract is unconditional, the time at which the contract is made, and
if the contract is conditional (and in particular if it is conditional on the exercise of an option), the time when the condition is satisfied;
Reference in this Part to a disposal of an interest for value are to a disposal for money or money’s worth, whether or not representing full value for the interest disposed of.
In relation to a person holding an interest in a dwelling formed by the conversion of another dwelling, references in this Part to a previous diposal of an interest in the dwelling include a previous disposal on which an interest in land which included that part of the original dwelling in which his interest subsists was acquired.
A person who holds a relevant interest in a defective dwelling is not eligible for assistance in respect of the dwelling at any time when that interest is subject to the rights of a person who is a protected occupier or statutory tenant within the meaning of the Rent (Agriculture) Act 1976 or who occupies the dwelling under an assured agricultural occupancy which is not an assured tenancy.
A person is not eligible for assistance in respect of a defective dwelling if the local housing authority are of the opinion—
that work to the building which consists of or includes the dwelling has been carried out in order to deal with the qualifying defect, and
that on the completion of the work, no further work relating to the dwelling was required to be done to the building in order to deal satisfactorily with the qualifying defect.
A person seeking assistance under this Part in respect of a defective dwelling shall make a written application to the local housing authority within a period specified in the relevant designation.
The local housing authority shall not entertain an application for assistance under this Part if— unless the grant application has been refused or has been withdrawn under subsection (2) or the relevant works have been completed.
an application has been made in respect of the defective dwelling (whether before or after the relevant designation came into operation) for renovation grant or common parts grant under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing)., and
the relevant works in relation to that grant include the whole or part of the work required to reinstate the dwelling,
Where a person has applied for such a grant in respect of a dwelling and— he may withdraw his application, whether or not it has been approved, if the relevant works have not been begun.
the dwelling is a defective dwelling, and
the relevant works include the whole or part of the work required to reinstate it,
In this section “relevant works”, in relation to a grant, has the same meaning as in Part XV.
A local housing authority receiving an application for assistance under this Part shall as soon as reasonably practicable give notice in writing to the applicant stating whether in their opinion he is eligible for assistance in respect of the defective dwelling.
If they are of opinion that he is not so eligible, the notice shall state the reasons for their view.
If they are of opinion that he is so eligible, the notice shall inform him of his right to make such a claim as is mentioned in section 537(2) (claim that assistance by way of reinstatement grant is appropriate in his case).
A local housing authority receiving an application for assistance under this Part shall, if the applicant is eligible for assistance, determine as soon as reasonably practicable whether he is entitled to assistance by way of reinstatement grant or by way of repurchase.
If the authority are satisfied, on a claim by the applicant to that effect, that it would be unreasonable to expect him to secure or await the carrying out of the work required to reinstate the defective dwelling, the applicant is entitled to assistance by way of repurchase.
Subject to subsection (2), the applicant is entitled to assistance by way of reinstatement grant if the authority are satisfied that the conditions for such assistance set out in section 538 are met, and otherwise to assistance by way of repurchase.
The conditions for assistance by way of reinstatement grant are, subject to any order under subsection (2)—
that the dwelling is a house (as defined in section 575);
that if the work required to reinstate the dwelling (together with any other work which the local housing authority are satisfied the applicant proposes to carry out) were carried out—
the dwelling would be likely to provide satisfactory housing accommodation for a period of at least 30 years, and
an individual acquiring the freehold of the dwelling with vacant possession would be likely to be able to arrange a mortgage on satisfactory terms with a lending institution;
that giving assistance by way of reinstatement grant is justified having regard, on the one hand, to the amount of reinstatement grant that would be payable in respect of the dwelling and, on the other hand, to the likely value of the freehold of the dwelling with vacant possession after the work required to reinstate it has been carried out; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by order amend the conditions set out in subsection (1) so as to modify or omit any of the conditions or to add or substitute for any of the conditions other conditions.
An order—
may make different provision for different classes of case,
shall be made by statutory instrument, and
shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
An order does not affect an application for assistance made before the order comes into force.
For the purposes of this Part the work required to reinstate a defective dwelling is the work relating to the dwelling that is required to be done to the building that consists of or includes the dwelling in order to deal satisfactorily with the qualifying defect, together with any further work—
required to be done, in order to deal satisfactorily with the qualifying defect, to any garage or outhouse designed or constructed as that building is designed or constructed, being a garage or outhouse in which the interest of the person eligible for assistance subsists and which is occupied with and used for the purposes of the dwelling or any part of it, or
reasonably required in connection with other work falling within this subsection.
In this Part “associated arrangement” means an arrangement which is entered into in connection with the execution of the work required to reinstate a defective dwelling and is likely to contribute towards the dwelling being regarded as an acceptable security by a lending institution.
In any case where— the work required to carry out those operations shall be regarded for the purposes of this Part as work required to reinstate the defective dwelling.
the most satisfactory way of dealing with the qualifying defect is substantially to demolish the building that consists of or includes the defective dwelling or a part of that building, and
it is practicable to rebuild the building or part concerned on, or substantially on, its existing foundations and reconstruct the dwelling to the same, or substantially the same, plan,
Where an applicant is eligible for assistance, the authority to whom the application was made shall as soon as reasonably practicable give him notice in writing (a “notice of determination”) stating the form of assistance to which he is entitled.
If, on such a claim by the applicant as is mentioned in section 537(2) (claim that assistance by way of reinstatement grant is inappropriate in his case), the authority are not satisfied that it would be unreasonable to expect him to secure or await the carrying out of the work required to reinstate the defective dwelling, the notice shall state the reasons for their view.
A notice stating that the applicant is entitled to assistance by way of reinstatement grant shall also state—
the grounds for the authority’s determination;
the work which, in their opinion, is required to reinstate the defective dwelling;
the amount of expenditure which, in their opinion, may properly be incurred in executing the work;
the amount of expenditure which, in their opinion, may properly be incurred in entering into an associated arrangement;
the condition required by section 542 (execution of work to satisfaction of authority within specifed period), including the period within which the work is to be carried out; and
their estimate of the amount of grant payable in respect of the dwelling in pursuance of this Part.
A notice stating that the applicant is entitled to assistance by way of repurchase shall also state the grounds for the authority’s determination and the effect of—
paragraphs 1 to 3 of Schedule 20 (request for notice of proposed terms of repurchase), and
sections 554, 556 and 557(1) (provisions for grant of tenancy to former owner-occupier of repurchased dwelling).
References in the following provisions of this Part to a person entitled to assistance by way of reinstatement grant or, as the case may be, by way of repurchase are to a person who is eligible for assistance in respect of the dwelling and on whom a notice of determination has been served stating that he is entitled to that form of assistance.
Where a person is entitled to assistance by way of reinstatement grant, the local housing authority shall pay reinstatement grant to him in respect of— subject to and in accordance with the following provisions of this Part.
the qualifying work, and
any associated arrangement,
The “qualifying work” means the work stated in the notice of determination, or in a notice under section 544 (notice of change of work required), to be the work which in the opinion of the local housing authority is required to reinstate the dwelling.
It is a condition of payment of reinstatement grant that the qualifying work is carried out—
to the satisfaction of the local housing authority, and
within the period specified in the notice of determination. or that period as extended.
The period so specified shall be such reasonable period (of at least twelve months), beginning with service of the notice, as the authority may determine.
The authority shall, if there are reasonable grounds for doing so, by notice in writing served on the person entitled to assistance, extend or further extend the period for carrying out the qualifying work (whether or not the period has expired).
Payment of reinstatement grant shall not be subject to any other condition, however expressed.
The amount of reinstatement grant payable is the appropriate percentage of whichever is the least of—
the amount stated in the notice of determination, or in a notice under section 544 (notice of change in work required or expenditure permitted), to be the amount of expenditure which, in the opinion of the local housing authority, may properly be incurred in executing the qualifying work and entering into any associated arrangement,
the expenditure actually incurred in executing the qualifying work and entering into any associated arrangement, and
the expenditure which is the maximum amount permitted to be taken into account for the purposes of this section.
The appropriate percentage is 90 per cent, or, in a case where the authority are satisfied that the person entitled to assistance would suffer financial hardship unless a higher percentage of the expenditure referred to in subsection (1) were paid to him, 100 per cent.
The Secretary of State may by order vary either or both of the percentages mentioned in subsection (2).
The maximum amount of expenditure permitted to be taken into account for the purposes of this section is the amount specified as the expenditure limit by order made by the Secretary of State, except in a case or description of case in which the Secretary of State, on the application of a local housing authority, approves a higher amount.
An order under subsection (4) may make different provision for different areas, different designated classes and different categories of dwelling.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.
Where the local housing authority are satisfied that— they shall by notice in writing served on the person entitled to assistance state their opinion as to that amount or, as the case may be, that work and that amount; and the amount of reinstatement grant shall be adjusted accordingly.
the work required to reinstate the defective dwelling is more extensive than that stated in the notice of determination or in a previous notice under this section, or
the amount of the expenditure which may properly be incurred in executing that work is greater than that so stated, or
there is an amount of expenditure which may properly be incurred in entering into an associated arrangement but no such amount is stated in the notice of determination or a previous notice under this section, or
where such an amount is so stated, the amount of expenditure which may be properly so incurred is greater than that amount,
The local housing authority may pay reinstatement grant in respect of the qualifying work in a single sum on completion of the work or by instalments.
No instalments shall be paid if the instalment, together with any amount previously paid, would exceed the appropriate percentage of the cost of so much of the qualifying work as has been executed at that time.
The authority shall pay reinstatement grant in respect of an associated arrangement when payment in respect of the expenditure incurred in entering into the arrangement falls to be made.
Where an amount of reinstatement grant has been paid in one or more instalments and the qualifying work is not completed within the period for carrying out the work, the local housing authority may, if they think fit, require the person who was entitled to assistance to repay that amount to them forthwith.
The amount required to be repaid (or, if it was paid in more than one instalment, the amount of each instalment) shall carry interest, at such reasonable rate as the authority may determine, from the date on which it was paid until repayment.
The provisions of Schedule 20 have effect with respect to assistance by way of repurchase, as follows— Part I—The agreement to repurchase. Part II—Price payable and valuation. Part III—Supplementary provisions.
Where the local housing authority give a notice of determination to a person stating that he is entitled to assistance by way of repurchase and they are of opinion that— they shall forthwith give that other authority a notice in writing, together with a copy of the notice of determination, stating that the authority may acquire in accordance with this Part, the interest of the person entitled to assistance. Public sector authority Conditions A1. A non-profit registered provider of social housing (other than a co-operative housing association) or a predecessor housing association of that provider. None 1. A registered social landlord (other than a co-operative housing association) or a predecessor housing association of that registered social landlord. None. 2. A development corporation. No interests have at any time been transferred from the corporation in pursuance of a scheme made or having effect as if made under section 42 of the New Towns Act 1981 (transfer o housing to district council). 3. . . . . . . Another local housing authority or a predecessor of that authority. The local housing authority provide housing accommodation in the vicinity of the defective dwelling with which the dwelling may conveniently be managed. 5. Any other public sector authority prescibed by order of the Secretary of State, or a predecessor so prescribed. Any conditions prescribed in the order.
a relevant interest in the dwelling was disposed of by a public sector authority mentioned in column 1 of the following Table (or a predecessor mentioned there of such an authority),
there has been no disposal within paragraph (a) since the time of that disposal, and
any conditions mentioned in column 2 of the Table in relation to the authority are met,
The other authority may, within the period of four weks beginning with the service of the notice on them, give notice in writing to the local housing authority— and the local housing authority shall forthwith give to the person entitled to assistance a transfer notice, that is, a notice in writing of the contents of the notice received by them and the effect of subsection (3).
stating that they wish to acquire the interest, and
specifying the address of the principal office of the authority and any other address which may also be used as an address for service;
After a transfer notice has been given to the person entitled to assistance, the other authority shall be treated as the appropriate authority for the purposes of anything done or falling to be done under this Part, except that— and references in this Part to “the purchasing authority” shall be construed accordingly.
a request under paragraph 2 of Schedule 20 (request for notice of proposed terms of acquisition) may be made either to the local housing authority or to the other authority, and
any such request given to the local housing authority (whether before or after the notice) shall be forwarded by them to the other authority;
An order under this section shall be made by statutory instrument.
This section applies where a person (“the owner”) is entitled to assistance by way of repurchase in respect of a defective dwelling and there is a covenant relating to his interest in the dwelling whereby—
before disposing of the interest he must offer to dispose of it to a public sector authority, or
in the case of a leasehold interest, he may require a public sector authority who are his landlord to accept a surrender of the lease but is otherwise prohibited from disposing of it,
If the public sector authority are the local housing authority, the covenant shall be disregarded for the purposes of Schedule 20 (repurchase).
If the public sector authority are not the local housing authority, the provisions of this Part as to repurchase do not apply so long as there is such a covenant; but if— the owner is entitled to be paid by the local housing authority the amount (if any) by which 95 per cent. of the defect-free value exceeds the considaeration for the disposal.
the owner disposes of his interest to the public sector authority in pursuance of the covenant or lease, and
the interest acquired by that authority on the disposal subsists only in the land affected, that is to say, the defective dwelling and any garage, outhouse, garden, yard and appurtenances occupied with and used for the purposes of the dwelling or part of it,
For the purposes of this section—
the “consideration for the disposal” means the amount before any reduction required by section 158(3) (reduction corresponding to amount of discount repayable or amount payable for outstanding share under shared ownership lease) or any provision to the like effect, and
the “defect-free value” means the amount that would have been the consideration for the disposal if none of the defective dwellings to which the designation in question related had been affected by the qualifying defect.
Where a person (“the owner”) has disposed of an interest in a defective dwelling, otherwise than in pursuance of Schedule 20 (repurchase), to an authority possessing compulsory purchase powers and— he is entitled, subject to the following provisions of this section, to be paid by the local housing authority the amount (if any) by which 95 per cent. of the defect-free value exceeds the amount of the compensation for the disposal.
immediately before the time of the disposal he was eligible for assistance under this Part in respect of the dwelling,
the amount paid as consideration for the disposal did not include any amount attributable to his right to apply for such assistance, and
on the disposal the authority acquired an interest in any of the affected land, that is to say, the defective dwelling and any garage, outhouse, garden, yard and appurtenances occupied with and used for the purposes of the dwelling or part of it,
For the purposes of this section— but excluding, in either case any amount payable for disturbance or for any other matter not directly based on the value of land.
the “amount of compensation for the disposal” means the amount that would have been the proper amount of compensation for the disposal (having regard to any relevant determination of the Upper Tribunal) or, if greater, the amount paid as the consideration for the disposal, and
the “defect-free value” means the amount that would have been the proper amount of compensation for the disposal if none of the defective dwellings to which the designation in question related had been affected by the qualifying defect;
For the purposes of this section, it shall be assumed that the disposal occurred on a compulsory acquisition (in cases where it did not in fact do so).
Where the compensation for the disposal fell to be assessed by reference to the value of the land as a site cleared of buildings and available for development, it shall be assumed for the purposes of determining the defect-free value that it did not fall to be so assessed.
The amount payable by the local housing authority under this section shall be reduced by the amount of any payment made in respect of the defective dwelling under Schedule 23 (payments for well-maintained houses).
In this section “authority possessing compulsory purchase powers” has the same meaning as a in the Land Compensation Act 1961.
The local housing authority are not required to make a payment to a person under— unless he makes a written application to them for payment before the end of the period of two years beginning with the time of the disposal.
section 549 (making-up of consideration on disposal in pursuance of right of pre-emption, &c.), or
section 550 (making-up of compulsory purchase compensation),
Where the authority— they shall give the applicant written notice of the reasons for their decision.
refuse an application for payment under section 549 on any grounds, or
refuse an application for payment under section 550 on the grounds that the owner was not eligible for assistance in respect of the defective dwelling,
Any question arising— shall be determined by the district valuer if the owner or the local housing authority so require by notice in writing served on the district valuer.
under section 549 or 550 as to the defect-free value, or
under section 550 as to the amount of compensation for the disposal,
A person serving a notice on the district valuer in pursuance of subsection (3) shall serve notice in writing of that fact on the other party.
Before making a determination in pursuance of subsection (3), the district valuer shall consider any representation by the owner or the authority made to him within four weeks from the service of the notice under that subsection.
A person whose interest in a defective dwelling is acquired by the purchasing authority in pursuance of Schedule 20 (repurchase) is entitled to be reimbursed by the purchasing authority the proper amount of— being in each case expenses which are reasonably incurred by him after receipt of a notice under paragraph 3 of that Schedule (authority’s notice of proposed terms of acquisition).
expenses in respect of legal services provided in connection with the authority’s acquisition, and
other expenses in connection with negotiating the terms of that acquisition,
An agreement between a person and the purchasing authority is void in so far as it purports to oblige him to bear any part of the costs or expenses incurred by the authority in connection with the exercise by him of his rights under this Part.
Where an authority mentioned in section 80 (authorities satisfying the landlord condition for secure tenancy) acquire an interest in a defective dwelling in England in pursuance of Schedule 20 (repurchase) and— the tenancy shall not, on or after the acquisition, become a secure tenancy unless the conditions specified in subsection (2) are met.
the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and
the interest of the person entitled to assistance by way of repurchase is, immediately before the completion of the authority’s acquisition, subject to a tenancy of the dwelling-house,
The conditions are—
that the tenancy was a protected tenancy or an assured tenancy throughout the period beginning with the making of an application for assistance under this Part in respect of the defective dwelling and ending immediately before the authority’s acquisition; and
no notice was given in respect of the tenancy in accordance with any of Cases 11 to 18 and 20 in Schedule 15 to the Rent Act 1977 (notice that possession might be recovered under that Case) or under section 52(1)(b) of the Housing Act 1980 (notice that tenancy is to be a protected shorthold tenancy) or in accordance with any of Grounds 1, 3, 4 and 5 in Schedule 2 to the Housing Act 1988 (notice that possession might be recovered under that ground) ... ; and.
the tenancy is not by virtue of any provision of Part I of the Housing Act 1988 an assured shorthold tenancy;
Where an authority acquire an interest in a defective dwelling in pursuance of Schedule 20 (repurchase), or in the circumstances described in section 549(3) (exercise of right of pre-emption &c.), and— the authority shall, in accordance with this section, either grant or arrange for him to be granted a tenancy (of that dwelling-house or another: see section 556) on the completion of their acquisition of the interest concerned.
the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and
an individual is an occupier of the dwelling-house throughout the period beginning with the making of an application for assistance under this Part in respect of the dwelling and ending immediately before the completion of the authority’s acquisition, and
he is a person entitled to assistance by way of repurchase in respect of the defective dwelling, or the persons so entitled are in relation to the interest concerned his trustees,
If the authority are among those mentioned in section 80(1) (public sector authorities capable of granting secure tenancies) their obligation is to grant a secure tenancy or secure contract.
In any other case their obligation is to grant or arrange for the grant of either—
a secure tenancy, or
a protected tenancy other than one under which the landlord might recover possession under one of the cases in Part II of Schedule 15 to the Rent Act 1977 (cases in which the court must order possession) or
an assured tenancy, or
an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession on any of Grounds 1 to 5 in Schedule 2 to that Act , or
a secure contract.
If the authority is the new towns residuary body or a private registered provider of social housing or registered social landlord, other than a housing co-operative, within the meaning of section 27B, their obligation is to grant a secure tenancy or, where the dwelling-house is in Wales, a secure contract if the individual to whom a tenancy is to be granted—
is a person who, immediately before he acquired his interest in the dwelling-house, was a secure tenant or a secure contract-holder of it; or
is the spouse or civil partner, or a former spouse or former civil partner, or the surviving spouse or surviving civil partner, of a person falling within paragraph (a); or
is a member of the family, within the meaning of section 186, of a person falling within paragraph (a) who has died, and was residing with that person in the dwelling-house at the time of and for the period of twelve months before his death
Where two or more persons qualify for the grant of a tenancy under this section in respect of the same dwelling-house, the authority shall grant the tenancy, or arrange for it to be granted, to such one or more of them as they may agree among themselves or (if there is no such agreement) to all of them.
Where an authority mentioned in section 80 (authorities satisfying the landlord condition for secure tenancy) acquire an interest in a defective dwelling in Wales in pursuance of Schedule 20 (repurchase) and— the tenancy shall not, on or after the acquisition, become a secure contract unless the conditions specified in subsection (2) are met.
the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and
the interest of the person entitled to assistance by way of repurchase is, immediately before the completion of the authority’s acquisition, subject to a tenancy of the dwelling-house,
The conditions are—
that the tenancy was a protected tenancy throughout the period beginning with the making of an application for assistance under this Part in respect of the defective dwelling and ending immediately before the authority’s acquisition, and
no notice was given in respect of the tenancy in accordance with any of the Cases 11 to 18 and 20 in Schedule 15 to the Rent Act 1977 (c. 42) (notice that possession might be recovered under that Case).
This section has effect notwithstanding any provision to the contrary in section 11 of the Renting Homes (Wales) Act 2016 (anaw 1).
Where an authority mentioned in section 80(1) (public sector authorities capable of granting secure tenancies) acquire an interest in a defective dwelling in pursuance of Schedule 20 (repurchase) and— the authority shall grant him a secure tenancy or, where the dwelling-house is in Wales, a secure contract (of that dwelling-house or another: see section 556) on the completion of their acquisition of the interest concerned.
the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and
an individual is an occupier of a dwelling-house throughout the period beginning with the making of an application for assistance under this Part in respect of the dwelling and ending immediately before the completion of the authority’s acquisition, and
he is a statutory tenant of the dwelling-house at the end of that period, and
no notice was given in respect of the original tenancy in accordance with any of Cases 11 to 18 and 20 in Schedule 15 to the Rent Act 1977 (notice that possession might be recovered under that Case) or under section 52(1)(b) of the Housing Act 1980 (notice that tenancy is to be a protected shorthold tenancy), and
the interest of the person entitled to assistance would, if the statutory tenancy were a contractual tenancy, be subject to the tenancy at the end of the period mentioned in paragraph (b),
Where two or more persons qualify for the grant of a tenancy under this section in respect of the same dwelling-house, the authority shall grant the tenancy to such one or more of them as they may agree among themselves or (if there is no such agreement) to all of them.
If at any time after the service of a notice of determination it appears to the purchasing authority that a person may be entitled to request them to grant him a secure tenancy or secure contract under this section, they shall forthwith give him notice in writing of that fact.
This section has effect notwithstanding any provision to the contrary in section 11 of the Renting Homes (Wales) Act 2016 (anaw 1).
The dwelling-house to be let under the tenancy granted to a person— shall be the dwelling-house of which he is the occupier immediately before the completion of the authority’s acquisition (the “current dwelling-house”), except in the following Cases. Case 1 By reason of the condition of any building of which the current dwelling-house consists or of which it forms part, the dwelling-house may not safely be occupied for residential purposes. Case 2
under section 554 or 555 (grant of tenancy to former owner-occupier or statutory tenant of defective dwelling-house acquired by authority), or
under arrangements made for the purposes of section 554,
In those Cases the dwelling-house to be let shall be another dwelling-house which, so far as is reasonably practicable in the case of that authority, affords accommodation which is—
similar as regards extent and character to the accommodation afforded by the current dwelling-house,
reasonably suitable to the means of the prospective tenant and his family, and
reasonably suitable to the needs of the prospective tenant and his family as regards proximity to place of work and place of education.
An authority are not required to grant, or arrange for the grant of, a tenancy to a person under section 554 or 555 unless he requests them to do so in writing before—
in the case of an acquisition under Schedule 20 (repurchase,), the service on the person entitled to assistance of a copy of the agreement drawn up under paragraph 5 of that Schedule, or
in the case of an acquisition in the circumstances described in section 549(3) (acquisition in pursuance of right of pre-emption, &c.), the time of the disposal.
An authority receiving a request under subsection (1) shall, as soon as reasonably practicable, give notice in writing to the person making the request stating whether in their opinion either of the Cases in section 556(1) applies (cases in which tenancy may be of a dwelling-house other than the current dwelling-house).
If their opinion is that either Case does apply, the notice shall also state which of the Cases is applicable and the effect of section 556.
“dwelling-house” has the same meaning as in Part IV (secure tenancies);
In sections 553 to 557 (effect of repurchase on occupier)—
“dwelling-house” has the same meaning as in Part IV (secure tenancies);
“occupier”, in relation to a dwelling-house, means a person who occupies the dwelling-house as his only or principal home or (in the case of a statutory tenant) as his residence;
references to the grant of a secure tenancy are to the grant of a tenancy which would be a secure tenancy assuming that the tenant under the tenancy occupies the dwelling-house as his only or principal home
references to the grant of a secure contract are to the grant of an occupation contract which would be a secure contract (within the meaning given by section 8 of the Renting Homes (Wales) Act 2016 (anaw 1)) assuming that the contract-holder under the contract occupies the dwelling as their only or principal home;
the following terms have the same meaning as in the Renting Homes (Wales) Act 2016—
“contract-holder” (see section 7 (see also section 48) of that Act);
“occupation contract” (see section 7 of that Act).
“occupier”, in relation to a dwelling-house, means a person who occupies the dwelling-house as his only or principal home or (in the case of a statutory tenant) as his residence;
references to the grant of a secure tenancy are to the grant of a tenancy which would be a secure tenancy assuming that the tenant under the tenancy occupies the dwelling-house as his only or principal home
A local housing authority may by resolution designate as a class buildings in their district each of which consists of or includes one or more dwellings if it appears to them that—
buildings in the proposed class are defective by reason of their design or construction, and
by virtue of the circumstances mentioned in paragraph (a) having become generally known, the value of some or all of the dwellings concerned has been substantially reduced.
Subsection (1) does not apply to a building in a class designated under section 528 (designation by Secretary of State); but a building does not cease to be included in a class designated under this section by virtue of its inclusion in a class designated under that section.
A dwelling which is, or is included in, a building in a class so designated is referred to in this Part as a “defective dwelling”; and in this Part, in relation to such a dwelling—
“The qualifying defect” means what, in the opinion of the authority, is wrong with the buildings in that class, and
“the cut-off date” means the date by which, in the opinion of the authority, the circumstances mentioned in subsection (1)(a) became generally known.
A designation shall describe the qualifying defect and specify—
the cut-off date,
the date (being a date falling on or after the cut-off date) on which the designation is to come into operation, and
the period within which persons may seek assistance under this Part in respect of the defective dwellings concerned.
A designation may not describe a designated class by reference to the area (other than the authority’s district) in which the buildings concerned are situated; but a designated class may be so described that within the authority’s district there is only one building in the class.
Any question arising as to whether a building is or was at any time in a class designated under this section shall be determined by the local housing authority concerned.
The local housing authority may by resolution—
vary a designation under section 559, but not so as to vary the cut-off date, or
revoke such a designation.
The authority may by a variation of the designation extend the period referred to in section 559(4)(c) (period within which assistance must be applied for) whether or not it has expired.
The variation of revocation of a designation does not affect the operation of the provisions of this Part in relation to a dwelling if, before the variation or revocation comes into operation, the dwelling is a defective dwelling by virtue of the designation in question and application for assistance under this Part has been made.
Where a local housing authority have passed a resolution under— they shall give written notice to the Secretary of State of the resolution before the expiry of the period of 28 days beginning with the date on which it is passed.
section 559 (designation under local scheme) or,
section 560 (variation or revocation of designation under local scheme),
The designation, variation or revocation shall not come into operation before the cut-off date or if it is later the expiry of the period of two months or such longer period as the Secretary of State may direct for the purposes of this subsection under subsection (2A) below beginning with the receipt by the Secretary of State of the notice under subsection (1).
If before the cut-off date or, if it is later, the expiry of the period for the time being specified in or for the purposes of subsection (2) above the Secretary of State serves notice in writing to that effect on the authority, the designation, revocation or variation shall not come into operation.
If, within the period for the time being specified in or (by virtue of the previous operation of this subsection) for the purposes of subsection (2) above, the Secretary of State is satisfied that he does not have reasonably sufficient information to enable him to come to a decision with respect to the resolution concerned, he may direct for the purposes of that subsection that it shall have effect as if for the period so specified there were substituted such longer period as is specified in the direction.
A local housing authority shall, within the period of three months beginning with the coming into operation of— publish in a newspaper circulating in their district notice suitable for the purpose of bringing the effect of the designation or variation to the attention of persons who may be eligible for assistance in respect of such of the dwellings concerned as are situated within their district.
a designation under section 528 (designation of defective dwellings by Secretary of State) or section 559 (designation of defective dwellings under local scheme), or,
a variation of such a designation,
No such notice need be published by a local housing authority who are of opinion—
that none of the dwellings concerned are situated in their district, or
that no-one is likely to be eligible for assistance in respect of the dwellings concerned which are situated in their district.
If at any time it becomes apparent to a local housing authority that a person is likely to be eligible for assistance in respect of a defective dwelling within their district, they shall forthwith take such steps as are reasonably practicable to inform him of the fact that assistance is available.
A public sector authority shall, where a person is to acquire a relevant interest in a defective dwelling on a disposal by the authority, give him notice in writing before the time of the disposal—
specifying the qualifying defect, and
stating that he will not be eligible for assistance under this part in respect of the dwelling.
A public sector authority shall, before they convey a relevant interest in a defective dwelling in pursuance of a contract to a person on whom a notice under subsection (1) has not been served, give him notice in writing—
specifying the qualifying defect,
stating, where the time of disposal of the interest falls after the cut-off date, that he will not be eligible for assistance under this Part, and
stating the effect of subsection (3)
A person on whom a notice under subsection (2) is served— and upon such a notice of withdrawal being given to the authority the parties to the contract are discharged from any obligations in connection with it and any deposit paid shall be repaid.
is not obliged to complete the conveyance before the expiry of the period of six months beginning with the service of that notice on him, and
may within that period withdraw from the transaction by notice in writing to the authority to that effect;
Where a public sector authority are required to serve a notice under section 124 (landlord’s response to notice claiming to exercise right to buy) in respect of a defective dwelling, the notice under subsection (1) shall be served with that notice.
A notice under subsection (1) or (2) shall, (except in the case of a notice under subsection (1) which is served in accordance with subsection (4)), be served at the earliest date at which it is reasonably practicable to do so.
Where a relevant interest in a defective dwelling has been disposed of by a public sector authority, the local housing authority may, before the end of the period within which a person may seek assistance under this Part in respect of the dwelling, enter into an agreement with— to execute at his expense any of the work required to reinstate the dwelling.
any person holding an interest in the dwelling, or
any person who is a statutory tenant of it,
For the purposes of this section a disposal by or under an enactment of an interest in a dwelling held by a public sector authority shall be treated as a disposal of the interest by the authority.
Where a person who is eligible for assistance in respect of a defective dwelling— this Part applies as if anything done (or treated by virtue of this subsection as done) by or in relation to the person so eligible had been done by or in relation to his personal representatives or, as the case may be, the person acquiring his interest.
dies, or
disposes of his interest in the dwelling (otherwise than on a disposal for value) to such a person as is mentioned in section 527(a) (persons qualifying for assistance: individuals, trustees for individuals and personal representatives),
In sections 549 to 551 (subsidiary forms of financial assistance) references to the owner of an interest in a defective dwelling include his personal representatives.
The provisions of Schedule 21 have effect with respect to dwellings included in more than one designation.
If it appears to a local housing authority that the interest of a person eligible for assistance in respect of a defective dwelling in their area is— the authority shall prepare and submit to the Secretary of State a scheme providing for the provisions of this Part to have effect, in their application to such a case, subject to such modifications as may be specified in the scheme.
a shared ownership lease, or
the freehold acquired under the terms of a shared ownership lease,
A scheme under subsection (1) above shall not have effect unless approved by the Secretary of State; and any such approval may be made conditional upon compliance with requirements specified by him.
make any provision that may be made by an order under section 538(2) (modification of conditions for assistance by way of reinstatement grant), or
require an authority receiving an application for assistance to determine under section 537 that the person is entitled to assistance by way of repurchase.
An authority shall not entertain an application for assistance by a person whose interest in the defective dwelling is such as is mentioned in subsection (1)(a) or (b) unless regulations under this section are in force at the time of application in respect of that interest.
In this section “shared ownership lease” means—
a shared ownership lease granted in pursuance of Part V (the right to buy),
a lease of a dwelling-house granted otherwise than in pursuance of that Part which contains provision to the like effect as that required by paragraphs 1 and 2 of Schedule 8 (terms of shared ownership lease: right to acquired additional shares and to acquire freehold),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or
a lease determined, or of a class or description determined, by the Secretary of State to be a shared ownership lease.
The fact that a lease becomes a shared ownership lease by virtue of . . . a determination under subsection (4)(d) does not affect the operation of the provisions of this Part in relation to a case where an application for assistance under this Part has previously been made.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may make different provision for England and Wales and for different descriptions of shared ownership lease, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament,
The Secretary of State may by regulations make provision for conferring rights and obligations on a mortgagee of a defective dwelling where—
a power of sale (whether conferred by section 101 of the Law of Property Act 1925 or otherwise) is exercisable by the mortgagee, and
the mortgagor is eligible for assistance in respect of the defective dwelling.
The rights that may be so conferred are— and those rights may be conferred in place of rights conferred by this Part on any other person.
rights corresponding to those conferred by this Part on a person holding a relevant interest in the defective dwelling,
the right to require the purchasing authority to acquire in accordance with the regulations any interest in the defective dwelling to be disposed of in exercise of the power of sale, and
where the mortgagee is the purchasing authority, the right by deed to vest the dwelling in themselves;
The regulations may provide that where the conditions in subsection (1)(a) and (b) are or have been satisfied, this Part, the power of sale in question and any enactment relating to the power of sale shall have effect subject to such modifications as may be specified in the regulations.
Where a defective dwelling is vested in a mortgagee in pursuance of— the regulations may provide for the payment in respect of the vesting of an amount calculated on the assumption that none of the defective dwellings to which the designation in question relates is affected by the qualifying defect; and those enactments shall have effect subject to any such provisions.
regulations under this section, or
section 452 and Schedule 17 (vesting of dwelling-house in authority entitled to exercise power of sale),
Regulations under this section—
may make different provision for different cases and may make incidental and consequential provision; and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “mortgagee” and “mortgagor” have the same meaning as in the Law of Property Act 1925.
The Secretary of State may, if he thinks fit in any case, contribute towards the expense incurred by a local housing authority—
in giving assistance by way of reinstatement grant,
in giving assistance by way of repurchase of a dwelling which is a defective dwelling by virtue of a designation under section 528 (designation by Secretary of State), or
in making payments under section 549 (making up of consideration on disposal in pursuance of right of pre-emption, &c.) or section 550 (making up of compulsory purchase compensation).
The contributions shall be equal to the relevant percentage of the amount of the expense incurred
in respect of a period of 20 years beginning with the financial year in which, as the case may be, the work in respect of which the grant was payable was completed, the acquisition of the interest concerned was completed or the payment was made, and
of a sum equal to the relevant percentage of the annual loan charges referable to the amount of the expense incurred.
The relevant percentage is— or such other percentage as, in any of those cases, may be provided by order under section 570.
90 per cent. in the case of reinstatement grant.
75 per cent. in the case of repurchase or a payment under section 549 or 550 where there has at any time been a disposal of a relevant interest in the defective dwelling by the local housing authority or a predecessor of that authority, and
100 per cent. in the case of repurchase or a payment under those sections not within paragraph (b);
The amount of expense incurred is—
in the case of reinstatement grant, the amount of the grant,
in the case of repurchase, the price paid for the acquisition, together with any amount reimbursed under section 552 (incidental expenses), less the value of the interest at the relevant time determined in accordance with paragraph 8 of Schedule 20 (value for purposes of repurchase) but without the assumption required by paragraph 8(1)(a) (assumption that dwelling is defect free),
in the case of a payment under section 549 or 550, the amount of the payment.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payment of contributions under this section is subject to the making of a claim in such form, and containing such particulars, as the Secretary of State may determine; and the contributions are payable at such times, in such manner and subject to such conditions, as to records, certificates, audit or otherwise, as the Secretary of State may, with the agreement of the Treasury, determine.
The Secretary of State may by order made with the consent of the Treasury vary all or any of the percentages specified in section 569(3) (relevant percentages for purposes of contribution to expenditure of local housing authority) in respect of assistance or payments, or a class of assistance or payments, specified in the order.
An order—
may make different provision for assistance given or payments made in respect of defective dwellings in different areas or under different provisions or for different purposes of the same provision;
shall be made by statutory instrument; and
shall not be made unless a draft of it has been laid before and approved by a resolution of the House of Commons.
An order applies to assistance given or payments made in pursuance of applications made after such date as may be specified in the order, and the specified date shall not be earlier than the date of the laying of the draft.
A notice or other document under this Part may be given to or served on a person, and an application or written request under this Part may be made to a person— and also, where the person concerned is a body corporate, by giving or making it to or serving it on the secretary of that body.
by delivering it to him or leaving it at his proper address, or
by sending it to him by post,
For the purposes of this section, and of section 7 of the Interpretation Act 1978 as it applies for the purposes of this section, the proper address of a person is— and also, where an additional address for service has been specified by that person in a notice under section 548(2) (notice of intention to assume responsibility for repurchase), that address.
in the case of a body corporate or its secretary, the address of the principal office of the body,
in any other case, his last known address,
The county court has jurisdiction—
to determine any question arising under this Part notwithstanding that a declaration is the only relief sought, and
to entertain any proceedings brought in connection with the performance or discharge of obligations arising under this Part, including proceedings for the recovery of damages in the event of the obligations not being performed.
Subsection (1) has effect subject to— sections 528(6) and 559(6) (questions of designation to be decided by designating authority), and section 551(3) and paragraph 9 of Schedule 20 (questions of valuation to be determined by district valuer).
Where an authority fail to extend or further extend a period when required to do so by— the county court may by order extend or futher extend that period until such date as may be specified in the order.
section 542(3) (reinstatement grant: period within which work is to be completed), or
paragraph 2(2) or 6(2) of Schedule 20 (repurchase: period for service of request or notice by person entitled to assistance),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Part “public sector authority” means— a local authority (or a predecessor of a local authority), a joint board of which every constituent member is, or is appointed by, a local authority (or a predecessor of a local authority), a National Park authority (or a predecessor of such an authority), . . . . . . a Welsh planning board, the Natural Resources Body for Wales, the National Rivers Authority the Relevant Authority, a non-profit registered provider of social housing other than a co-operative housing association (or a predecessor housing association of such a provider), a registered social landlord other than a co-operative housing association (or a predecessor housing association of such a landlord), a new town corporation, . . . the British Coal Corporation , the Coal Authority, or the United Kingdom Atomic Energy Authority, or a body corporate or housing association specified by order of the Secretary of State in accordance with the following provisions.
The Secretary of State may provide that a body corporate shall be treated as a public sector authority if he is satisfied— or if he is satisfied that it is a subsidiary of such a body.
that the affairs of the body are managed by its members, and
that its members hold office by virtue of appointment (to that or another office) by a Minister of the Crown under an enactment,
The Secretary of State may provide that a housing association shall be treated as a public sector authority if he is satisfied that the objects or powers of the association include the provision of housing accommodation for individuals employed at any time by a public sector authority or dependants of such individuals.
Where the Secretary of State is satisfied that a body or association met the requirements of subsection (2) or (3) during any period, he may, whether or not he makes an order in respect of the body or association under that subsection, provide that is shall be treated as having been a public sector authority during that period.
If the Secretary of State is satisfied that a body or association specified in an order under subsection (2) or (3) has ceased to meet the requirements of that subsection on any date, he may by order provide that it shall be treated as having ceased to be a public sector authority on that date.
An order under this section shall be made by statutory instrument.
References in this Part to a disposal of an interest in a dwelling by a public sector authority include a disposal of—
an interest belonging to Her Majesty in right of the Crown,
an interest belonging to, or held in trust for Her Majesty for the purposes of, a government department or Minister of the Crown, or
an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.
In this Part “dwelling” means any house, flat or other unit designed or adapted for living in.
For the purposes of this Part a building so designed or adapted is a “house” if it is a structure reasonably so called; so that where a building is divided into units so designed or adapted—
if it is so divided horizontally, or a material part of a unit lies above or below another unit, the units are not houses (though the building as a whole may be), and
if it is so divided vertically, the units may be houses.
Where a house which is divided into flsts or other units is a defective dwelling in respect of which a person is eligible for assistance, the fact that it is so divided shall be disregarded for the purposes of section 538(1)(a) (first condition for assistance by way of reinstatement: that the dwelling is a house).
In this Part “lending institution” means— an authorised deposit taker, or an authorised insurer.
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expressions used in the same section or paragraph:— the agreement (in Part III of Schedule 20) paragraph 11(1) of Schedule 20 appropriate percentage (in relation to reinstatement grant) section 543(2) associated arrangement section 539(2) assured agricultural occupancy section 622 assured tenancy section 622 the authority (in Part III of Schedule 20) paragraph 11(1) of Schedule 20 bank section 622 building society section 622 charge (in Part III of Schedule 20) paragraph 11(2)(a) of Schedule 20 contract-holder section 558 the conveyance (in Part III of Schedule 20) paragraph 11(1) of Schedule 20 co-operative housing association section 5(2) . . . . . . cut-off date sections 528(2)(b) and 559(3)(b) defective dwelling sections 528(2) and 559(3) development corporation section 4(c) disposal section 532(1) disposal for value section 532(3) district (of a local housing authority) section 2(1) district valuer section 622 dwelling section 575(1) dwelling-house (in sections 553 to 557) section 558(a) eligible for assistance sections 527 and 533 house section 575(2) housing association section 5(1) insurance company section 622 the interest acquired (in Part III of Schedule 20) paragraph 11(1) of Schedule 20 interest in a dwelling section 530(4) interest to be acquired (in relation to repurchase) paragraph 1 of Schedule 20 lending institution section 576 local authority section 4(e) local housing authority section 1, 2(2) new town corporation section 4(b) new towns residuary body section 4(1)(g) notice of determination section 540(1) occupation contract section 558 occupier (in sections 553 to 557 section 558(b) person entitled to assistance (by way of reinstatement grant or repurchase) section 540(5) previous disposal section 532(4) protected tenancy section 622 public sector authority section 573 (and see section 574) the purchase price (in Part III of Schedule 20) paragraph 11(1) of Schedule 20 purchasing authority section 548(3) qualifying defect sections 528(2)(a) and 559(3)(a) qualifying work section 541(2) registered social landlord section 5(4) and (5) reinstatement grant section 541(1) the Relevant Authority section 6A relevant charge (in Part III of Schedule 20) paragraph 7(2) of Schedule 20 relevant interest section 530(1) the relevant time (in relation to valuation for repurchase) paragraph 7(2) of Schedule 20 repurchase section 547 secure contract section 558 secure tenancy section 79 (and see section 558(c)) statutory tenancy and statutory tenant section 622 subsidiary section 622 time of disposal section 532(2) trustee savings bank section 622 the vendor (in Part III of Schedule 20) paragraph 11(1) of Schedule 20 work required to reinstate a defective dwelling section 539(1)
The Acquisition of Land Act 1981, the Compulsory Purchase Act 1965 and the Land Compensation Act 1961 apply to the compulsory purchase of land under this Act subject to the following provisions of this Part.
The Acquisition of Land Act 1981 does not apply (except so far as expressly applied) to the compulsory purchase of land under section 290 (acquisition of land for clearance); instead, the provisions of Schedule 22 apply with respect to the making, confirmation, validity and operation of a compulsory purchase order under that section.
However, in relation to a compulsory purchase order under that section— subject to the following provisions of this Part.
the provisions of Part I of the Compulsory Purchase Act 1965 apply as they apply to a compulsory purchase order under the Acquisition of Land Act 1981 (references to “the special Act” being read as references to this Act and the order); and
the compensation payable shall be assessed in accordance with the Land Compensation Act 1961,
Subsection (2) applies where the local housing authority make a compulsory purchase order, within the meaning of the Acquisition of Land Act 1981, in respect of land they have determined to purchase under section 290 (acquisition of land comprised, surrounded by or adjoining a clearance area).
Where this subsection applies, the Secretary of State may, in accordance with sections 13 to 13C of the Acquisition of Land Act 1981 (confirmation of order), confirm the order with modifications notwithstanding that the effect of the modifications made by him in excluding any land or buildings from the clearance area concerned is to sever the area into two or more separate and distinct areas; and, in such a case, the severance shall not prevent those areas from continuing to be treated as one clearance area for the purposes of the provisions of Part IX.
In so far as a compulsory purchase order under section 290 (acquisition of land for clearance) authorises the purchase of land forming part of a common, open space or allotment, the order shall be subject to special parliamentary procedure except where it provides for giving in exchange for such land other land, not being less in area, certified by the Secretary of State to be equally advantageous to the persons, if any, entitled to commonable or other rights and to the public.
Before giving a certificate the Secretary of State shall give public notice of the proposed exchange, shall afford opportunities to all persons interested to make representations and objections in relation to it and shall, if necessary, hold a local inquiry on the subject.
An order which authorises such an exchange shall provide for—
vesting the land given in exchange in the persons in whom the common, open space or allotment was vested, subject to the same rights, trusts and incidents as attached to the common, open space or allotment, and
discharging the land acquired from all rights, trusts and incidents to which it was previously subject.
In this section—
the acquisition of a house in multiple occupation under—
the acquisition of land under section 93(2) of the Local Government and Housing Act 1989 (land in renewal area on which there are premises consisting of or including housing accommodation),
The period referred to in subsection (1) is the period beginning with the making of the compulsory purchase order and ending with—
the final day of the period of three years beginning with the date on which the order became operative, or
any earlier date on which—
the Secretary of State notifies the authority that the Secretary of State declines to confirm the order,
the order (having been confirmed conditionally) expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981, or
the order is quashed by a court.
Where this section applies the court may suspend the execution of any order for possession for such period, and subject to such conditions, as it thinks fit.
The period of suspension ordered by the court shall not extend beyond the end of the period of three years beginning with the date on which the court makes its order or, if earlier, the date on which the compulsory purchae order became operative.
The court may from time to time vary the period of suspension (but not so as to enlarge it beyond the end of the period of three years referred to in subsection (4)), or terminate it, or vary the terms of the order in other respects.
If at any time— the authority shall notify the person entitled to the benefit of the order for possession and that person shall be entitled, on applying to the court, to obtain an order terminating the period of suspension, but subject to the exercise of the same discretion in fixing the date on which possession is to be given as the court might exercise if it were then making an order for possession for the first time.
the Secretary of State notifies the authority that he declines to confirm the compulsory purchase order, or the order is quashed by a court, or
the Secretary of State notifies the authority that the Secretary of State declines to confirm the compulsory purchase order,
the authority decide, whether before or after the order has been submitted to the Secretary of State for confirmation, not to proceed with it,
the order (having been confirmed conditionally) expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981,
the order is quashed by a court, or
This section does not apply—
where the person entitled to possession of the premises is the local housing authority;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If the compulsory purchase order specifies a period longer than three years under section 13D of the Acquisition of Land Act 1981, the references in this section to the period of three years are to be read as references to the period specified in the order.
In this section “house in multiple occupation” has the meaning given by sections 254 to 259 of the Housing Act 2004 for the purposes of that Act (other than Part 1).
Where a local housing authority— they may, instead of exercising that right by taking actual possession of the house, proceed by serving notice on any person then in occupation of the house, or part of it, authorising him to continue in occupation upon terms specified in the notice or on such other terms as may be agreed.
are authorised to purchase compulsorily a house which is to be used for housing purposes, and
have acquired the right to enter on and take possession of the house by virtue of having served a notice under section 11 of the Compulsory Purchase Act 1965,
Where the authority proceed in accordance with subsection(1)— as if they had taken actual possession on the date of the notice.
the like consequences follow with respect to the determination of the rights and liabilities of any person arising out of any interest of his in the house, or a part of it, and
the authority may deal with the premises in all respects,
A person who by virtue of this section ceases to be entitled to receive rent in respect of the premises shall be deemed for the purposes of section 20 of the Compulsory Purchase Act 1965 (compensation of tenants, &c.) to have been required to give up possession of the premises.
In this section “house” includes—
any part of a building which is occupied as a separate dwelling, and
any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.
This section applies where a local housing authority have agreed to purchase or have determined to appropriate land for the purposes of— Part II (provision of housing), Part VIII (area improvement), . . . the provisions of Part IX relating to clearance areas or Part VII of the Local Government and Housing Act 1989 (renewal areas), subject to the interest of the person in possession of the land.
If that person’s interest is not greater than that of a tenant for a year, or from year to year, the authority may, after giving him not less than 14 days’ notice, enter on and take possession of the land, or such part of the land as is specified in the notice, without previous consent.
The power conferred by subsection (2) may be exercised at any time after the making of the agreement or determination, except where the appropriation requires Ministerial consent in which case the power is not exercisable until that consent has been given.
The exercise of the local housing authority’s power under subsection (2) is subject to the payment to the person in possession of the like compensation, and interest on the compensation awarded, as would be payable if— but without any necessity for compliance with section 11 of the Compulsory Purchase Act 1965 (which prohibits entry on the land acquired before the compensation has been ascertained and paid or secured).
the authority had been authorised to acquire the land compulsorily, and
that person had been required in pursuance of their powers in that behalf to quit possession before the expiry of his term or interest in the land;
Subject to subsection (3), where a relevant prohibition order becomes operative in respect of any premises or a demolition order under section 265 is made in respect of any premises, the local housing authority shall pay to every owner of the premises an amount determined in accordance with subsection (2).
The amount referred to in subsection (1) is the diminution in the compulsory purchase value of the owner’s interest in the premises as a result of the coming into operation of the relevant prohibition order or, as the case may be, the making of the demolition order; and that amount—
shall be determined as at the date of the coming into operation or making of the order in question; and
shall be determined (in default of agreement) as if it were compensation payable in respect of the compulsory purchase of the interest in question and shall be dealt with accordingly.
In any case where— the amount payable to the owner under subsection (1) in connection with the demolition order shall be reduced by the amount (if any) paid to the owner or a previous owner under that subsection in connection with the relevant prohibition order.
a relevant prohibition order has been made in respect of any premises, and
that order is revoked and a demolition order is made in its place,
For the purposes of this section—
Where a payment in respect of any premises has been made by a local housing authority under section 584A(1) in connection with a demolition order or relevant prohibition order and— then, if at that time the person to whom the payment was made has the same interest in the premises as he had at the time the payment was made, he shall on demand repay to the authority the amount of the payment.
the demolition order is revoked under section 274 (revocation of demolition order to permit reconstruction of premises), or
the relevant prohibition order is revoked under section 25(1) or (2) of the Housing Act 2004,
In any case where— then, if at the time of the revocation of the relevant prohibition order the recipient has the same interest in the premises as he had at the time the payment was made, he shall on demand pay to the authority an amount determined in accordance with subsections (4), (5) and (6).
a payment in respect of any premises has been made by a local housing authority under section 584A(1) in connection with a relevant prohibition order, and
by virtue of section 25(3) of the Housing Act 2004, the order is revoked as respects part of the premises and not varied, and
the person to whom the payment was made (in this section referred to as “the recipient”) had at the time the payment was made, an owner’s interest in the part of the premises concerned (whether or not he had such an interest in the rest of the premises),
In any case where— then, if at the time of the variation of the order the recipient has the same interest in the premises as he had at the time the payment was made, he shall on demand pay to the authority an amount determined in accordance with subsections (4), (5) and (6).
a payment in respect of any premises has been made by a local housing authority under section 584A(1) in connection with a relevant prohibition order, and
by virtue of section 25(4) of the Housing Act 2004, the order is varied,
The amount referred to in subsection (2) or (3) is whichever is the less of— and the amount referred to in paragraph (a) shall be determined as at the date of the revocation or variation of the relevant prohibition order.
the amount by which the value of the interest of the recipient in the premises increases as a result of the revocation or variation of the relevant prohibition order; and
the amount paid to the recipient under section 584A(1) in respect of his interest in the premises;
For the purpose of assessing the amount referred to in subsection (4)(a), the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
Any dispute as to the amount referred to in subsection (4)(a) shall be referred to and determined by the Upper Tribunal; and subsections (1)(a), (4) and (5) of section 4 of the Land Compensation Act 1961 shall, subject to any necessary modifications, apply for the purposes of this section as they apply for the purposes of that Act.
In this section “premises” and “relevant prohibition order” have the same meaning as in section 584A.
The compensation payable for— is the value at the time when the valuation is made of the site as a cleared site available for development in accordance with the requirements of the building regulations in force in the district.
a house purchased compulsorily under section 192 (unfit house found to be beyond repair at reasonable cost),
land purchased under section 290 as being comprised in a clearance area, except as mentioned in subsection (2), or
a house purchased compulsorily under section 300 (purchase of condemned houses for temporary housing use),
Subsection (1)(b) does not apply to the site of a house or other building properly included in a clearance area only on the ground that it is dangerous or injurious to the health of the inhabitants of the area by reason of its bad arrangement in relation to other buildings or the narowness or bad arrangement of the streets, unless—
it is a building constructed or adapted as, or for the purposes of, a dwelling, or partly for those purposes and partly for other purposes, and
part of it (not being a part used for other purposes) is unfit for human habitation.
The provisions of this section as to site value compensation are without prejudice to any further payment falling to be made under— section 586 and Schedule 23 (well maintained houses), section 587 and Schedule 24 (houses which are owner-occupied or used for business purposes), or section 589(2) (minimum compensation in certain cases), and have effect subject to section 589(1) (maximum compensation in certain cases).
The provisions of Schedule 23 have effect as regards payments in respect of well maintained houses purchased at site value or demolished or closed under this Act.
The provisions of Schedule 24 have effect as regards payments in respect of houses purchased at site value or demolished or closed under this Act, as follows— Part I: Payments in respect of owner-occupied houses. Part II: Payments in respect of houses used for business purposes.
Where a payment falls to be made in respect of an interest in a house under Schedule 24 (payments in respect of houses which are owner-occupied or used for business purposes), no payment shall be made in respect of that house under Schedule 23 (payments for well maintained houses) unless the other payment relates to part only of the house, and in that case such part only of the amount which would otherwise be payable in accordance with Schedule 23 shall be payable as may reasonably be attributable to the remainder of the house.
In Schedules 23 and 24 references to a demolition order do not include such an order in respect of a house already subject to a closing order so far as it affects any part of the house in relation to which a payment under either of those Schedules has fallen to be made in respect of the closing order.
Subject to the following provisions of this section, the compensation payable in respect of a compulsory acquisition in relation to which section 585 applies (site value compensation) shall not in any event exceed the amount which would have been payable if— but in all other respects the acquisition had been effected in the circumstances in which it actually is effected.
that section did not apply, and
in a case where any of the relevant land is in a clearance area, that area had not been declared to be a clearance area,
Where section 585 applies in relation to a compulsory acquisition of land which consists of or includes the whole or part of a house and— the amount of the compensation payable in respect of the acquisition of that interest, together with any amount payable under Schedules 23 or 24 (payments for well maintained houses and houses which are owner-occupied or used for business purposes), shall not in any event be less than the gross value of the dwelling.
on the date of the making of the compulsory purchase order the person then entitled to the relevant interest was, in right of that interest, in occupation of the house, or part of it, as a private dwelling, and
that person either continues, on the date of service of the notice to treat, to be entitled to the relevant interest, or if he has died before that date, continued to be entitled to that interest immediately before his death,
The gross value of the dwelling for this purpose shall be determined as follows—
if the dwelling constitutes the whole of the house, its gross value is that shown in the valuation list in force on the date of service of the notice to treat as the gross value of the house for rating purposes;
if the dwelling is only part of the house, its gross value is the amount certified by the district valuer as being properly attributable to the dwelling on an apportionment of the gross value of the house as determined under paragraph (a).
The gross value of a dwelling whose rateable value is by virtue of subsection (1) of section 19 of the General Rate Act 1967 to be taken to be its next annual value, as ascertained in accordance with subsections (2) to (4) of that section, shall be taken to be its corresponding gross value.
The corresponding gross value means a gross value which would be equivalent to the net annual value of the dwelling as shown in the valuation list if there were deducted any amount that by virtue of an order made or falling to be treated as made under section 19(2) of the General Rate Act 1967 would be deducted from the gross value of the dwelling if it had been required to be assessed to its gross value instead of its net annual value.
If more than one value is so ascertained to be the corresponding gross value, the highest value so ascertained shall be taken.
Where a payment in respect of a house has been made by a local housing authority under Schedule 23 or 24 in connection with a demolition or closing order and— then, if at that time the person to whom the payment was made is entitled to an interest in the house, he shall on demand repay the payment to the authority.
the demolition order is revoked under section 274 (revocation of demolition order to permit reconstruction of house), or
the closing order is determined under section 278 (determination of closing order on premises being rendered fit),
In subsection (1) “interest” in the house does not include the interest of a tenant for a year or any less period or of a statutory tenant.
Where by virtue of section 278 a closing order is determined as respects part of the premises to which it relates and— that person shall on demand pay to the authority an amount equal to the appropriate fraction of the payment.
a payment has been made by the local housing authority in respect of the premises in pursuance of Schedule 23 or 24, and
if the order and payment had related only to that part of the premises any person would by virtue of subsection (1) have been liable on demand to repay the payment to the authority,
The appropriate fraction of the payment is, except where subsection (5) applies, the fraction obtained by dividing the rateable value of the part of the premises in question by the rateable value of the premises.
If the payment was reduced in pursuance of paragraph 4(3) of Part I of Schedule 24 (reduction where part of premises not occupied for purposes of private dwelling), the appropriate fraction is the fraction obtained by dividing the rateable value of so much of the part of the premises in question as was used for the purposes of a private dwelling by the rateable value of so much of the premises as was so used.
For the purposes of subsections (4) and (5) the rateable value of premises or a portion of them is— and any question arising as to the proper apportionment or aggregation of any value or values shall be referred to and determined by the district valuer.
if the premises or portion are a hereditament for which a rateable value is shown in the valuation list in force on the date on which the closing order was made, that rateable value;
if the premises or portion form part only of such a hereditament, or consist of or form part of more than one such hereditament, such value as is found by a proper apportionment or aggregation of the rateable value or values shown;
This section applies where—
a house is purchased at site value in accordance with section 585 (site value compensation for unfit houses), or
is vacated in pursuance of a demolition or closing order under section 265 (unfit houses beyond repair at reasonable cost), or
might have been the subject of such a demolition order but is vacated and demolished in pursuance of an undertaking for its demolition given to the local housing authority.
Where this section applies and a relevant interest in the house is subject to a mortgage or charge, or to an agreement to purchase by instalments, either party to the mortgage, charge or agreement may apply to the county court which may, after giving the other party an opportunity to be heard, make an order— and in either case either unconditionally or subject to such terms and conditions, including conditions with respect to the payment of money, as the court may think just and equitable to impose.
in the case of a house which has been purchased compulsorily, discharging or modifying any outstanding liabilities of the holder of the interest by virtue of any bond, covenant or other obligation with respect to the debt secured by the mortgage or charge or by virtue of the agreement, or
in the case of a house vacated in pursuance of a demolition or closing order, or of an undertaking, discharging or modifying the terms of the mortgage, charge or agreement,
An interest is a relevant interest for the purposes of this section if—
a payment in respect of it falls to be made under Part I of Schedule 24 (payments in respect of owner-occupied houses), and
it is subject to the mortgage, charge or agreement, at the date when the house is purchased compulsorily or, as the case may be, vacated.
An interest is also a relevant interest for the purposes of this section if—
it is an interest in right of which, at the date of the making of the compulsory purchase or other order, or the giving of the undertaking, a person occupies the whole or part of the house as a private dwelling, and
that person continues to own the interest until the end of the period mentioned in subsection (5), and
the interest is subject to the mortgage, charge or agreement throughout that period.
The period referred to in subsection (4) is the period from the date of the making of the compulsory purchase or other order, or the giving of the undertaking to— or, if the owner of the interest died before the date specified in paragraph (a) or (b), to the date of death.
in the case of a compulsory purchase order, the date of service of notice to treat (or deemed notice to treat) for purchase of the interest or, if the purchase is effected without service of notice to treat, the date of completion of the purchase, and
in the case of any other order or of an undertaking, the date of vacation of the house in pursuance of the order or undertaking,
In this section—
In determining what order, if any, to make under section 591 (modification of obligations under mortgage, &c.) the court shall have regard to all the circumstances of the case, and in particular to the following matters.
In the case of a mortgage or charge the court shall have regard to whether the mortgagee or person entitled to the benefit of the charge acted reasonably in advancing the principal sum on the terms of the mortgage or charge; and that person shall be deemed to have acted unreasonably if, at the time when the mortgage or charge was made, he knew or ought to have known that in all the circumstances of the case the terms of the mortgage or charge did not afford sufficient security for the principal sum advanced.
In the case of a mortgage or charge the court shall have to regard to the extent to which the house may have become unfit for human habitation owing to default on the part of the mortgagor or person entitled to the interest charged in carrying out any obligation under the terms of the mortgage or charge with respect to the repair of the house.
In the case of a mortgage or charge securing a sum which represents all or any part of the purchase price payable for the interest, the court shall have regard to whether the purchase price was excessive.
In the case of an agreement to purchase by instalments the court shall have regard to how far— represents an adequate price for the purchase.
the amount already paid by way of principal, or
where the house has been purchased compulsorily the aggregate of that amount and so much, if any, of the compensation in respect of the compulsory purchase as falls to be paid to the vendor,
This section applies where an interest in land in a clearance area is, by virtue of— section 305(6)(a) (building becoming listed when subject to compulsory purchase for clearance), section 306(2) (building becoming listed when acquired by agreement for clearance), or paragraph 6 of Schedule 11 (building in respect of which rehabilitation order is made), to be treated as appropriated for the purposes of Part II (provision of housing).
Compensation for the compulsory acquisition of the interest shall, where it increases the amount, be assessed to re-assessed in accordance with the provisions applying to a compulsory acquisition under Part II.
Where the interest is acquired by agreement (after the declaration of the clearance area), compensation shall, where subsection (2) would have increased the amount, be assessed and paid as if the acquisition were a compulsory acquisition under section 290 (acquisition of land for clearance) to which subsection (2) above applied; but there shall be deducted from the amount of compensation so payable any amount previously paid in respect of the acquisition of that interest by the authority.
Where subsection (2) or (3) applies, the local housing authority shall not later than six months after (as the case may be)— serve on the person entitled to the compensation a notice in the prescribed form giving particulars of the amount of compensation payable in accordance with the provisions applying to a compulsory acquisition under Part II.
the relevant date as defined in section 305(3), or
the date on which the rehabilitation order becomes operative in accordance with paragraph 14 of Schedule 11,
If the person served does not, within 21 days from service of the notice, accept the particulars, or if he disputes the amount stated, the question of disputed compensation shall be referred to the Lands Tribunal.
References in this section to an increase in compensation shall be read as if payments under— Schedule 23 (payments for well maintained houses), Schedule 24 (payments in respect of houses which are owner-occupied or used for business purposes), and section 37 of the Land Compensation Act 1973 (disturbance payments for persons without compensatable interests), and any extra-statutory payments by way of additional compensation were, to the extent that they were made to the person holding the interest in question, compensation in respect of the compulsory purchase.
Section 30 of the Compulsory Purchase Act 1965 (service of notices) applies to the notice to be served under section 594(4) (notice of particulars of compensation).
Section 594(2) shall be left out of account in considering whether under section 22 of the Compulsory Purchase Act 1965 (procedure for acquiring interest mistakenly omitted from purchase) compensation has been properly paid for the land, and accordingly does not prevent an acquiring authority from remaining in undisputed possession of the land.
Where section 594(2) makes an increase in compensation to be assessed in accordance with Schedule 2 to the Compulsory Purchase Act 1965 (absent and untraced owners)—
a deed poll executed under paragraph 2(2) of that Schedule before the latest date for service of a notice under section 594(4) is not invalid because the increase in compensation has not been paid, and
the local housing authority, shall not later than six months after that date, proceed under that Schedule to pay the proper additional amount into court.
A sum payable by virtue of section 594 carries interest at the rate prescribed under section 32 of the Land Compensation Act 1961 from the time of entry on the land by the local housing authority, or from vesting of the land or interest, whichever is the earlier, until payment.
Where, as a result of action taken by a local housing authority under the provisions of Part IX relating to clearance areas, the population of the locality is materially decreased, the authority may pay to any person carrying on a retail shop in the locality such reasonable allowance as they think fit towards any loss involving personal hardship which in their opinion he will thereby sustain, but in estimating any such loss they shall have regard to the probable future development of the locality.
Where a building is demolished under section 287 (execution of obstructive building order), whether by the owner or by the local housing authority, compensation shall be paid by the authority to the owner in respect of loss arising from the demolition.
The compensation shall be assessed in accordance with Part I of the Land Compensation Act 1961 (determination of questions of disputed compensation).
In assessing the compensation no allowance shall be made on account of the demolition being compulsory.
Compensation payable in respect of land of another local authority in pursuance of a compulsory purchase under— section 17 (provision of housing), . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , section 290 (acquisition of land for clearance), or section 300 (purchase of condemned house for temporary housing use) which would otherwise be paid into court in accordance with Schedule 1 to the Compulsory Purchase Act 1965 (purchase from persons not having power to dispose) may, if the Secretary of State consents, instead be paid and applied as he may determine.
A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving seven days notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of survey and examination where it appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises.
An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.
It is a summary offence intentionally to obstruct an officer of the local housing authority or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.
A person committing such an offence is liable on conviction to a fine not exceeding level 3 on the standard scale.
In this Part— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “owner” in relation to premises—
means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, and
includes also a person holding or entitled to the rents and profits of the premises or part of the premises under a lease of which the unexpired term exceeds three years.
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or otherwise explaining an expression used in the same section or paragraph):— clearance area section 289 closing order section 264 demolition order section 265 compulsory purchase value section 584A lease and lessee section 621 local housing authority section 1, 2(2).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In determining for any of the purposes of this Act whether premises are unfit for human habitation, regard shall be had to their condition in respect of the following matters— repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for the preparation and cooking of food and for the disposal of waste water; and the premises shall be deemed to be unfit if, and only if, they are so far defective in one or more of those matters that they are not reasonably suitable for occupation in that condition.
Subsection (1) does not affect the operation of sections 266 and 282 (special powers to close underground rooms deemed to be unfit for human habitation).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The local housing authority shall cause an inspection of their district to be made from time to time with a view to determining what action to take in the performance of their functions under— Part VI (repair notices), Part VIII (area improvement), Part IX (slum clearance), and Part XI (houses in multiple occupation).
For the purpose of carrying out that duty the authority and their officers shall comply with any directions the Secretary of State may give and shall keep such records and supply him with such information as he may specify.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The proper officer of the local housing authority shall make a report in writing to the authority whenever he is of the opinion— and the authority shall take into consideration as soon as may be any such report made to them.
that a house in their district is unfit for human habitation, or
that an area in their district should be dealt with as a clearance area;
If a complaint in writing that a house is unfit for human habitation, or that an area should be dealt with as a clearance area, is made to the proper officer of the local housing authority by— the officer shall forthwith inspect the house or area and make a report to the authority stating the facts of the case and whether in his opinion the house is unfit for human habitation or the area should be dealt with as a clearance area.
a justice of the peace having jurisdiction in any part of their district, or
a parish or community council for a parish or community within their district,
The absence of a complaint under subsection (2) does not excuse the proper officer of the authority from inspecting a house or area or making a report on it under subsection (1)
A local housing authority in preparing any proposals for the provision of housing accommodation, or in taking any action under this Act, shall have regard to— and they shall comply with such directions in that behalf as may be given to them by the Secretary of State.
the beauty of the landscape or countryside,
the other amenities of the locality, and
the desirability of preserving existing works of architectural, historic or artistic interest;
Land which is the site of an ancient monument or other object of archaeological interest—
may not be acquired for the purposes of . . . Part IX (slum clearance), and
may be acquired for the purposes of Part II (provision of housing) only by compulsory purchase order.
Where— the authority may enforce the covenant against the persons deriving title under the covenantor, notwithstanding that the authority are not in possession of or interested in any land for the benefit of which the covenant was entered into, in like manner and to the like extent as if they had been possessed of or interested in such land.
a local housing authority have disposed of land held by them for any of the purposes of this Act and the person to whom the disposal was made has entered into a covenant with the authority concerning the land, or
an owner of any land has entered into a covenant with the local housing authority concerning the land for the purposes of any of the provisions of this Act,
The local housing authority or a person interested in any premises may apply to the county court where— and the conversion is prohibited or restricted by the provisions of the lease of the premises, or by a restrictive covenant affecting the premises, or otherwise.
owing to changes in the character of the neighbourhood in which the premises are situated, they cannot readily be let as a single dwelling-house but could readily be let for occupation if converted into two or more dwelling-houses, or
planning permission has been granted under Part III (general planning control) or, in relation to England, Part 13 (application to Crown land) of the Town and Country Planning Act 1990 for the use of the premises as converted into two or more separate dwelling-houses instead of as a single dwelling-house,
The court may, after giving any person interested an opportunity of being heard, vary the terms of the lease or other instrument imposing the prohibition or restriction, subject to such conditions and upon such terms as the court may think just.
Where by reason of the stopping up, diversion or alteration of the level or width of a street by a local housing authority under powers exercisable by them by virtue of this Act— is reasonably necessary for the purposes of their undertaking, the statutory undertakers may by notice in writing served on the authority require them to remove or alter the apparatus or to execute the works.
the removal or alteration of apparatus belonging to statutory undertakers, or
the execution of works for the provision of substituted apparatus, whether permanent or temporary,
Where such a requirement is made and not withdrawn, the authority shall give effect to it unless—
they serve notice in writing on the undertakers of their objection to the requirement within 28 days of the service of the notice upon them and
the requirement is determined by arbitration to be unreasonable.
At least seven days before commencing any works which they are required under this section to execute, the authority shall, except in case of emergency, serve on the undertakers notice in writing of their intention to do so; and if the undertakers so elect within seven days from the date of service of the notice on them, they shall themselves execute the works.
If the works are executed by the authority, they shall be executed at the authority’s expense and under the superintendence (also at the authority’s expense) and to the reasonable satisfaction of the undertakers; and if the works are executed by the undertakers, they shall be executed in accordance with the reasonable directions and to the reasonable satisfaction of the authority, and the reasonable costs of the works shall be repaid to the undertakers by the authority.
Any difference arising between statutory undertakers and a local housing authority under subsection (3) or (4), and any matter which by virtue of subsection (2)(b) is to be determined by arbitration, shall be referred to and determined by an arbitrator to be appointed, in default of agreement, by the Secretary of State.
In this section—
“statutory undertakers” means any persons authorised by an enactment, or by an order, rule or regulation made under an enactment, to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, gas, . . . , . . . or other public undertaking;
“apparatus” means sewers, drains, culverts, watercourses, mains, pipes, valves, tubes, cables, wires, transformers and other apparatus laid down or used for or in connection with the carrying, conveying or supplying to premises of a supply of water, water for hydraulic power, gas or electricity, and standards and brackets carrying street lamps;
references to the alteration of apparatus include diversion and the alteration of position or level.
Nothing in the Rent Acts , or the Renting Homes (Wales) Act 2016 (anaw 1) or Part I of the Housing Act 1988 prevents possession being obtained of a dwelling-house of which possession is required for the purpose of enabling a local housing authority to exercise their powers under any enactment relating to housing.
Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
The Secretary of State may by regulations prescribe—
anything which by this Act is to be prescribed; or
the form of any notice, advertisement, statement or other document which is required or authorised to be used under or for the purposes of this Act.
The regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The power conferred by this section is not exercisable where specific provision for prescribing a thing, or the form of a document, is made elsewhere.
The Secretary of State may dispense with the publication of advertisements or the service of notices required to be published or served by a local authority under this Act if he is satisfied that there is reasonable cause for dispensing with the publication or service.
A dispensation may be given by the Secretary of State— due care being taken by him to prevent the interests of any persons being prejudiced by the dispensation.
either before or after the time at which the advertisement is required to be published or the notice is required to be served, and
either unconditionally or upon such conditions, as to the publication of other advertisements or the service of other notices or otherwise, as the Secretary of State thinks fit,
For the purposes of the execution of his powers and duties under this Act, the Secretary of State may cause such local inquiries to be held as he may think fit.
Where under any provision of this Act it is the duty of a local housing authority to serve a document on a person who is to the knowledge of the authority— the authority shall take reasonable steps to identify the person or persons coming within the description in that provision.
a person having control of premises, however defined, or
a person managing premises, however defined, or
a person having an estate or interest in premises, whether or not restricted to persons who are owners or lessees or mortgagees or to any other class of those having an estate or interest in premises,
A person having an estate or interest in premises may for the purposes of any provision to which subsection (1) applies give notice to the local housing authority of his interest in the premises and they shall enter the notice in their records.
A document required or authorised by this Act to be served on a person as being a person having control of premises (however defined) may, if it is not practicable after reasonable enquiry to ascertain the name or address of that person, be served by—
addressing it to him by the description of “person having control of” the premises (naming them) to which it relates, and
delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
Where under any provision of this Act a document is to be served on— and more than one person comes within the description in the enactment, the document may be served on more than one of those persons.
the person having control of premises, however defined, or
the person managing premises, however defined, or
the owner of premises, however defined,
The Common Council of the City of London may appoint a committee, consisting of so many persons as they think fit, for any purposes of this Act or the Housing Accociations Act 1985 which in their opinion may be better regulated and managed by means of a committee.
A committee so appointed— and shall be subject to any regulations and restrictions which may be imposed by the Common Council.
shall consist as to a majority of its members of members of the Common Council, and
shall not be authorised to borrow money or to make a rate,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the Inner Temple is the Sub-Treasurer of the Inner Temple, and
for the Middle Temple is the Under-Treasurer of the Middle Temple.
The provisions of Parts I to XI and XIII to XVIII of this Act are among those for which provision may be made by Order in Council under section 94 of the Local Government Act 1985 (general power to provide for exercise of local authority functions as respects the Temples).
This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.
An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Act “lease” and “tenancy” have the same meaning.
Both expressions include—
a sub-lease or sub-tenancy, and
an agreement for a lease or tenancy (or sub-lease or sub-tenancy).
The expressions “lessor” and “lessee” and “landlord” and “tenant”, and references to letting, to the grant of a lease or to covenants or terms, shall be construed accordingly.
In this Act—
The definitions of “authorised deposit taker” , “authorised insurer” and “authorised mortgage lender” in subsection (1) must be read with—
section 22 of the Financial Services and Markets Act 2000;
any relevant order under that section; and
Schedule 2 to that Act.
In this Act “service charge” means an amount payable by a purchaser or lessee of premises—
which is payable, directly or indirectly, for services, repairs, maintenance or insurance or the vendor’s or lessor’s costs of management, and
the whole or part of which varies or may vary according to the relevant costs.
The relevant costs are the costs or estimated costs incurred or to be incurred by or on behalf of the payee, or (in the case of a lease) a superior landlord, in connection with the matters for which the service charge is payable.
For this purpose—
“costs” includes overheads, and
costs are relevant costs in relation to a service charge whether they are incurred, or to be incurred, in the period for which the service charge is payable or in an earlier or later period.
In relation to a service charge—
the “payee” means the person entitled to enforce payment of the charge, and
the “payer” means the person liable to pay it.
But this section does not apply in relation to Part 14.
In this Part—
For the purposes of this Part, “dwelling-house” includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it and section 183 shall have effect to determine whether a dwelling-house is a flat.
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):— clearance area section 289 district (of a local housing authority) section 2(1) dwelling-house section 623 . . . . . . . . . . . . . . . . . . . . . . . . lease and let section 621 local housing authority section 1, 2(2) owner section 623 Rent Acts section 622 standard scale (in reference to the maximum fine on summary conviction) section 622 street section 622 unfit for human habitation section 604
This Act may be cited as the Housing Act 1985.
This Act comes into force on 1st April 1986.
This Act extends to England and Wales only.
Section 84A(9)
Murder.
Manslaughter.
Kidnapping.
False imprisonment.
An offence under any of the following sections of the Offences against the Person Act 1861—
section 4 (soliciting murder),
section 16 (threats to kill),
section 18 (wounding with intent to cause grievous bodily harm),
section 20 (malicious wounding),
section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence),
section 22 (using chloroform etc. to commit or assist in the committing of any indictable offence),
section 23 (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm),
section 24 (maliciously administering poison etc. with intent to injure, aggrieve or annoy any other person),
section 27 (abandoning or exposing children whereby life is endangered or health permanently injured),
section 28 (causing bodily injury by explosives),
section 29 (using explosives etc. with intent to do grievous bodily harm),
section 30 (placing explosives with intent to do bodily injury),
section 31 (setting spring guns etc. with intent to do grievous bodily harm),
section 38 (assault with intent to resist arrest),
section 47 (assault occasioning actual bodily harm).
An offence under any of the following sections of the Explosive Substances Act 1883—
section 2 (causing explosion likely to endanger life or property),
section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property),
section 4 (making or possession of explosive under suspicious circumstances).
An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).
An offence under section 1 of the Infanticide Act 1938 (infanticide).
An offence under any of the following sections of the Public Order Act 1986—
section 1 (riot),
section 2 (violent disorder),
section 3 (affray).
An offence under either of the following sections of the Protection from Harassment Act 1997—
section 4 (putting people in fear of violence),
section 4A (stalking involving fear of violence or serious alarm or distress).
An offence under any of the following provisions of the Crime and Disorder Act 1998—
section 29 (racially or religiously aggravated assaults),
section 31(1)(a) or (b) (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986),
section 32 (racially or religiously aggravated harassment etc. ).
An offence under either of the following sections of the Female Genital Mutilation Act 2003—
section 1 (female genital mutilation),
section 2 (assisting a girl to mutilate her own genitalia).
An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).
An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).
An offence under section 33A of the Sexual Offences Act 1956 (keeping a brothel used for prostitution).
An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).
An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).
An indictable offence under Part 1 of the Sexual Offences Act 2003 (sexual offences).
An offence under either of the following sections of the Prevention of Crime Act 1953—
section 1 (prohibition of the carrying of offensive weapons without lawful authority or reasonable excuse),
section 1A (threatening with offensive weapon in public).
An offence under any of the following provisions of the Firearms Act 1968—
section 16 (possession of firearm with intent to endanger life),
section 16A (possession of firearm with intent to cause fear of violence),
section 17(1) (use of firearm to resist arrest),
section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to the Act of 1968),
section 18 (carrying a firearm with criminal intent),
section 19 (carrying a firearm in a public place),
section 20 (trespassing with firearm),
section 21 (possession of firearms by persons previously convicted of crime).
An offence under either of the following sections of the Criminal Justice Act 1988—
section 139 (having article with blade or point in public place),
section 139AA (threatening with article with blade or point or offensive weapon).
An offence under any of the following sections of the Theft Act 1968—
section 8 (robbery or assault with intent to rob),
section 9 (burglary),
section 10 (aggravated burglary).
An offence under section 1 of the Criminal Damage Act 1971 (destroying or damaging property).
An offence under section 30 of the Crime and Disorder Act 1998 (racially or religiously aggravated criminal damage).
An offence under section 35 of the Offences against the Person Act 1861 (injuring persons by furious driving).
An offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking involving an accident which caused the death of any person).
An offence under any of the following sections of the Road Traffic Act 1988—
section 1 (causing death by dangerous driving),
section 1A (causing serious injury by dangerous driving),
section 3A (causing death by careless driving when under influence of drink or drugs).
An offence under any of the following provisions of the Misuse of Drugs Act 1971—
section 4 (restriction of production and supply of controlled drugs),
section 5(3) (possession of controlled drugs with intent to supply),
section 8(a) or (b) (occupiers etc. of premises to be punishable for permitting unlawful production or supply etc. of controlled drugs there).
An offence under section 6 of that Act (restrictions of cultivation of cannabis plant) where the cultivation is for profit and the whole or a substantial part of the dwelling-house concerned is used for the cultivation.
An offence under either of the following sections of the Modern Slavery Act 2015—
section 1 (slavery, servitude and forced or compulsory labour),
section 2 (human trafficking).
An offence of attempting or conspiring the commission of an offence specified or described in this Schedule. An offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence specified or described in this Schedule. An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Schedule.
Where this Schedule refers to offences which are offences under the law of England and Wales and another country or territory, the reference is to be read as limited to the offences so far as they are offences under the law of England and Wales.
This Schedule applies to the disposal by a local authority of an interest in land as a result of which a secure tenant or an introductory tenant of the authority will become the tenant of a private sector landlord. For the purposes of this Schedule the grant of an option which if exercised would result in a secure tenant or an introductory tenant of a local authority becoming the tenant of a private sector landlord shall be treated as a disposal of the interest which is the subject of the option. Where a disposal of land by a local authority is in part a disposal to which this Schedule applies, the provisions of this Schedule apply to that part as to a separate disposal. In this paragraph “ private sector landlord ” means a person other than an authority or body within section 80 (the landlord condition for secure tenancies).
The Secretary of State shall not entertain an application for his consent to a disposal to which this Schedule applies unless the authority certify either— and the certificate shall be accompanied by a copy of the notices given by the authority in accordance with that paragraph. Where the certificate is in the latter form, the Secretary of State shall not determine the application until the authority certify as regards the tenants nor originally consulted— and a certificate under sub-paragraph (b) shall be accompanied by a copy of the notices given by the authority in accordance with paragraph 3. References in this Schedule to the Secretary of State’s consent to a disposal are to the consent required by section 32 or 43 (general requirement of consent for disposal of houses or land held for housing purposes).
The requirements as to consultation referred to above are as follows. The authority shall serve notice in writing on the tenant informing him of— and informing him that he may, within such reasonable period as may be specified in the notice, make representations to the authority. The authority shall consider any representations made to them within that period and shall serve a further written notice on the tenant informing him— and informing him of the effect of paragraph 5 (consent to be withheld if majority of tenants are opposed). When a notice has been served under sub-paragraph (3) the authority shall arrange a ballot of the tenants in accordance with sub-paragraph (5) to establish whether or not the tenants wish the disposal to proceed. The authority shall— After the ballot has been held the authority shall serve a notice on each tenant (whether or not he voted in the ballot) informing him—
The Secretary of State may require the authority to carry out such further consultation with their tenants, and to give him such information as to the results of that consultation, as he may direct.
The Secretary of State shall not give his consent if the result of a ballot arranged under paragraph 3(4) shows that a majority of the tenants of the dwelling-houses to which the application relates who voted in the ballot do not wish the disposal to proceed; but this does not affect his general discretion to refuse consent on grounds relating to whether a disposal has the support of the tenants or on any other ground. In making his decision the Secretary of State may have regard to any information available to him; and the local authority shall give him such information as to the representations made to them by tenants and others, and other relevant matters, as he may require.
The appropriate person must give guidance to local authorities about complying with the requirements of paragraph 3 as to consultation. The appropriate person must publish guidance given under this paragraph as soon as reasonably practicable after giving it. Local authorities must, in complying with the requirements of paragraph 3 as to consultation, have regard to the guidance for the time being in force under this paragraph. The appropriate person may revoke guidance given under this paragraph. References in this paragraph to giving guidance include references to giving guidance by varying existing guidance. In this paragraph “ the appropriate person ” means—
The Secretary of State’s consent to a disposal is not invalidated by a failure on his part or that of the local authority to comply with the requirements of this Schedule.
Section 138A
For the purposes of this Schedule an “ initial demolition notice ”is a notice served on a secure tenant— An initial demolition notice must also state— If, at the time when an initial demolition notice is served, there is an existing claim to exercise the right to buy in respect of the dwelling-house, the notice shall— The period specified in accordance with sub-paragraph (1)(c) must not—
For the purposes of this Schedule an initial demolition notice— but this is subject to compliance with the conditions mentioned in sub-paragraph (2) (in a case to which they apply) and to paragraphs 3 and 3A . The conditions in sub-paragraphs (6) and (7) of paragraph 13 of Schedule 5 (publicity for final demolition notices) shall apply in relation to an initial demolition notice as they apply in relation to a final demolition notice. The notice mentioned in paragraph 13(7) (as it applies in accordance with sub-paragraph (2) above) must contain the following information—
Paragraph 15(4) to (7A) of Schedule 5 (revocation notices) shall apply in relation to an initial demolition notice as they apply in relation to a final demolition notice. If a compulsory purchase order has been made for the purpose of enabling the landlord to demolish the dwelling-house in respect of which he has served an initial demolition notice (whether or not it would enable him to demolish any other premises as well) and— the notice ceases to be in force as from the date when the decision becomes effective or final. A “ relevant decision ”is— where the effect of the decision is that the landlord will not be able, by virtue of that order, to carry out the demolition of the dwelling-house. A relevant decision within sub-paragraph (3)(a) or (aa) becomes effective— A relevant decision within sub-paragraph (3)(b), or a decision within sub-paragraph (4)(b), becomes final— An appeal is disposed of— If— the notice ceases to be in force as from the date when the order expires. Where an initial demolition notice ceases to be in force under sub-paragraph (2) or (6A), the landlord must, as soon as is reasonably practicable, serve a notice on the tenant which informs him— If, while an initial demolition notice is in force in respect of a dwelling-house, a final demolition notice comes into force under paragraph 13 of Schedule 5 in respect of that dwelling-house, the initial demolition notice ceases to be in force as from the date when the final demolition notice comes into force. In such a case the final demolition notice must state that it is replacing the initial demolition notice.
This paragraph applies if— The initial demolition notice (“the original notice”) continues in force but this is subject to— Sub-paragraph (4) applies if the transferee— The transferee must proceed under paragraph 15(4) of Schedule 5 as applied by paragraph 3(1) above as if the transferee has decided not to demolish the dwelling-house (and paragraph 15(5) to (7) of that Schedule as so applied applies on the same basis). A continuation notice is a notice— A continuation notice may not vary the period specified in the original notice in accordance with paragraph 1(1)(c). Sub-paragraph (8) applies if— The transferee must serve a continuation notice on the occupier of each of the dwelling-houses contained in the building (whether addressed to him by name or just as “the occupier”). An accidental omission to serve a continuation notice on one or more occupiers does not prevent the condition in sub-paragraph (8) from being satisfied. Paragraph 13(7) of Schedule 5 applies in relation to the transferee's intention to demolish so as to impose a condition on the transferee for a notice to appear within the period of 2 months beginning with the date of transfer; and paragraph 2(3) above applies for this purpose. Sub-paragraphs (7) to (10) above apply instead of paragraph 2(2) and (3) in relation to an initial demolition notice so far as continued in force under this paragraph.
This paragraph applies where an initial demolition notice (“ the relevant notice ”) has (for any reason) ceased to be in force in respect of a dwelling-house without it being demolished. No further initial demolition notice may be served in respect of the dwelling-house , by the landlord who served the relevant notice or any landlord who served a continuation notice in respect of the relevant notice, during the period of 5 years following the time when the relevant notice ceases to be in force, unless— Subject to sub-paragraph (4), no final demolition notice may be served in respect of the dwelling-house , by the landlord who served the relevant notice or any landlord who served a continuation notice in respect of the relevant notice, during the period of 5 years following the time when the relevant notice ceases to be in force, unless— Sub-paragraph (3) does not apply to a final demolition notice which is served at a time when an initial demolition notice served in accordance with sub-paragraph (2) is in force. The Secretary of State’s consent under sub-paragraph (2) or (3) may be given subject to compliance with such conditions as he may specify.
Paragraph 16 of Schedule 5(service of notices) applies in relation to notices under this Schedule as it applies in relation to notices under paragraph 13 , 15 or 15A of that Schedule.
In this Schedule (other than paragraph 3A) any reference to the landlord, in the context of a reference to the demolition or intended demolition of any premises, includes a reference to a superior landlord. In this Schedule—
The conveyance or grant shall contain a covenant binding on the secure tenant and his successors in title to make to the landlord, immediately after— (whichever first occurs), a final payment, that is to say, a payment of the amount required to redeem the landlord’s share. A disposal is an excluded disposal for the purposes of this paragraph if— and (in any case) an interest to which this paragraph applies subsists immediately after the disposal. In this paragraph “ relevant death ” means the death of a person who immediately before his death was the person or, as the case may be, the last remaining person entitled to an interest to which this paragraph applies. A beneficial interest in the dwelling-house is an interest to which this paragraph applies if the person entitled to it is—
The conveyance or grant shall include provision entitling the secure tenant and his successors in title to make a final payment at any time. The right shall be exercisable by written notice served on the landlord claiming to make a final payment. The notice may be withdrawn at any time by written notice served on the landlord. If the final payment is not tendered to the landlord before the end of the period of three months beginning with the time when the value of the dwelling-house is agreed or determined in accordance with paragraph 8, the notice claiming to make a final payment shall be deemed to have been withdrawn.
The value of the landlord’s share shall be determined by the formula - and the amount required to redeem that share shall be determined by the formula— where— VS = the value of the landlord’s share; V = the value of the dwelling-house (agreed or determined in accordance with paragraph 8); S = the landlord’s share expressed as a percentage; R = the amount required to redeem the landlord’s share; D = the amount of the final discount (if any) which is applicable under paragraphs 4 and 5.
Where a final payment is made by, or by two or more persons who include— the person or persons making the payment are entitled, subject to the following provisions of this paragraph and paragraph 5, to a final discount equal to 20 per cent. of the value of the landlord’s share. Sub-paragraph (1) shall not apply if the final payment is made after the end of the protection period, that is to say, the period of two years beginning with the time when there ceases to be an interest to which this sub-paragraph applies. A beneficial interest in the dwelling-house is an interest to which sub-paragraph (2) applies if the person entitled to it is— The Secretary of State may by order made with the consent of the Treasury provide that the percentage discount shall be such percentage as may be specified in the order. An order under this paragraph—
Except where the Secretary of State so determines, a final discount shall not reduce the total purchase price, that is to say, the aggregate of the initial payment, the final payment and any interim payments, below the amount which would be applicable under section 131(1) in respect of the dwelling-house if the relevant time were the time when the value of the dwelling-house is agreed or determined. The total discount, that is to say, the aggregate of the initial discount, the final discount and any interim discounts, shall not in any case reduce the total purchase price by more than the sum prescribed for the purposes of section 131(2) at the time when the value of the dwelling-house is agreed or determined. If a final payment is made after the end of the first twelve months of the protection period, there shall be deducted from any final discount given by paragraph 4 and the preceding provisions of this paragraph an amount equal to 50 per cent. of that discount. There shall be deducted from any final discount given by paragraph 4 and the preceding provisions of this paragraph an amount equal to any previous discount qualifying or, the aggregate of any previous discounts qualifying, under the provisions of section 130. A determination under this paragraph may make different provision for different cases or descriptions of case, including different provision for different areas.
The conveyance or grant shall include provision entitling the secure tenant and his successors in title at any time to make to the landlord an interim payment, that is to say, a payment which— The right shall be exercisable by written notice served on the landlord, claiming to make an interim payment and stating the amount of the interim payment proposed to be made. The notice may be withdrawn at any time by written notice served on the landlord. If the interim payment is not tendered to the landlord before the end of the period of three months beginning with the time when the value of the dwelling-house is agreed or determined in accordance with paragraph 8, the notice claiming to make an interim payment shall be deemed to have been withdrawn.
The landlord’s share after the making of an interim payment shall be determined by the formula - the amount of the interim discount shall be determined by the formula— and the amount of any previous discount which will be recovered by virtue of the making of an interim payment shall be determined by the formula— where— S = the landlord’s share expressed as a percentage; R = the amount which would have been required to redeem the landlord’s share immediately before the interim payment was made; IP = the amount of the interim payment; PS = the landlord’s share immediately before the interim payment was made also expressed as a percentage; ID = the amount of the interim discount; V = the value of the dwelling-house (agreed or determined in accordance with paragraph 8); RD = the amount of any previous discount which will be recovered by virtue of the making of the interim payment; PD = the amount of any previous discount which would be recovered if the tenant were making the final payment.
For the purposes of the final payment or any interim payment, the value of a dwelling-house is the amount which for those purposes— as the amount which, in accordance with this paragraph, is to be taken as its value at that time. Subject to sub-paragraph (6), that value shall be taken to be the price which the interest of the secure tenant in the dwelling-house would realise if sold on the open market by a willing vendor— The liabilities referred to in sub-paragraph (2)(a) are— The matters to be disregarded in pursuance of sub-paragraph (2)(b) are— Sub-paragraph (6) applies where, at the time when the value of the dwelling-house is agreed or determined, the dwelling-house— That value shall be taken to include the value of such of the following as are applicable, namely— In sub-paragraph (6) “ relevant policy ” means a policy insuring the secure tenant against the risk of fire, tempest or flood or any other risk against which it is normal practice to insure. References in this paragraph to the secure tenant include references to his successors in title.
The conveyance or grant shall include provision requiring any sums falling to be paid to an independent valuer (whether by way of fees or expenses or otherwise) to be paid by the secure tenant or his successors in title.
A provision of the conveyance or grant is void in so far as it purports to enable the landlord to charge the tenant or his successors in title a sum in respect of or in connection with the making of a final or interim payment.
Subject to the provisions of this Schedule, the conveyance or grant may include such covenants and provisions as are reasonable in the circumstances.
In this Schedule— A person is a qualifying partner for the purposes of this Schedule if— A person is a qualifying resident for the purposes of this Schedule if— A beneficial interest in the dwelling-house is an interest to which this paragraph applies if the person entitled to it is the secure tenant or, as the case may be, one of the secure tenants. References in this Schedule to the secure tenant are references to the secure tenant or tenants to whom the conveyance or grant is made and references to the secure tenant or, as the case may be, one of the secure tenants shall be construed accordingly. References in this Schedule to the secure tenant’s successors in title do not include references to any person entitled to a legal charge having priority to the mortgage required by section 151B (mortgage for securing redemption of landlord’s share) or any person whose title derives from such a charge.
On a qualifying disposal, the disponor shall secure that the instrument effecting the disposal—
states that the disposal is, so far as it relates to dwelling-houses occupied by secure tenants, a disposal to which section 171A applies (preservation of right to buy on disposal to private landlord), and
lists, to the best of the disponor’s knowledge and belief, the dwelling-houses to which the disposal relates which are occupied by secure tenants.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where on a qualifying disposal the disponor’s title to the dwelling-house is not registered, the disponor shall give the disponee a certificate stating that the disponor is entitled to effect the disposal subject only to such incumbrances, rights and interests as are stated in the instrument effecting the disposal or summarised in the certificate. Where the disponor’s interest in the dwelling-house is a lease, the certificate shall also state particulars of the lease and, with respect to each superior title— The certificate shall be— and the Chief Registrar shall, for the purpose of registration of title, accept the certificate as sufficient evidence of the facts stated in it.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This paragraph applies where the Chief Land Registrar approves an application for registration of— and the instrument effecting the disposition contains the statement required by paragraph 1. The Chief Land Registrar must enter in the register—
This paragraph applies where by virtue of section 171B(6) a new dwelling-house becomes the qualifying dwelling-house which— and applies to the new dwelling-house or the new land, as the case may be. If the landlord’s title is registered, the landlord shall apply for the entry in the register of— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If the landlord’s title is not registered, the rights of the qualifying person or persons under the provisions of this Part are registrable under the Land Charges Act 1972 in the same way as an estate contract and the landlord shall, and a qualifying person may, apply for such registration.
The rights of a qualifying person under this Part in relation to the qualifying dwelling house shall not be regarded as falling within Schedule 3 to the Land Registration Act 2002 (and so are liable to be postponed under section 29 of that Act, unless protected by means of a notice in the register). Where by virtue of paragraph 5(4) the rights of a qualifying person under this Part in relation to the qualifying dwelling-house are registrable under the Land Changes Act 1972 in the same way as an estate contract, section 4(6) of that Act (under which such a contract may be void against a purchaser unless registered) applies accordingly, with the substitution for the reference to the contract being void of a reference to the right to buy ceasing to be preserved.
A conveyance of the freehold or grant of a lease of the qualifying dwelling-house to a qualifying person in pursuance of the right to buy shall state that it is made in pursuance of the provisions of this Part as they apply by virtue of section 171A (preservation of the right to buy). Where on a conveyance of the freehold or grant of a lease of the qualifying dwelling-house to a qualifying person otherwise than in pursuance of the right to buy the dwelling-house ceases to be subject to any rights arising under this Part, the conveyance or grant shall contain a statement to that effect. Where on a disposal of an interest in a qualifying dwelling-house the dwelling-house ceases to be subject to the rights of a qualifying person under this Part by virtue of section 171D(1)( a ) or 171E(2)( a ) (qualifying person becoming tenant of authority or body satisfying landlord condition for secure tenancies), the instrument by which the disposal is effected shall state that the dwelling-house ceases as a result of the disposal to be subject to any rights arising by virtue of section 171A (preservation of the right to buy).
Where the registered title to land contains an entry made by virtue of this Schedule, the Chief Land Registrar shall, for the purpose of removing or amending the entry, accept as sufficient evidence of the facts stated in it a certificate by the registered proprietor that the whole or a specified part of the land is not subject to any rights of a qualifying person under this Part.
An action for breach of statutory duty lies where— and a qualifying person is deprived of the preserved right to buy by reason of the non-registration of the matters which would have been registered if that duty had been complied with. If the Chief Land Registrar has to meet a claim under the Land Registration Act 2002 as a result of acting upon- the person who gave the certificate or made the statement shall indemnify him.
References in this Schedule to a disposal or to the instrument effecting a disposal are to the conveyance, transfer, grant or assignment, as the case may be.
The following abbreviations are used in this Table— 1899 = The Small Dwellings Acquisition Act 1899 (c. 44). 1923 (c. 24) = The Housing &c. Act 1923. 1935 (c. 40) = The Housing Act 1935. 1936 (c. 49) = The Public Health Act 1936. 1957 = The Housing Act 1957 (c. 56) 1958 = The Housing (Financial Provisions) Act 1958 (c. 42). 1959 (H) = The House Purchase and Housing Act 1959 (c. 33). 1959 (U) = The Housing (Underground Rooms) Act 1959 (c. 34). 1959 (c. 53) = The Town and Country Planning Act 1959. 1961 (c. 33) = The Land Compensation Act 1961. 1961 = The Housing Act 1961 (c. 65). 1961 (c. 64) = The Public Health Act 1961. 1963 (c. 33) = The London Government Act 1963. 1964 (c. 9) = The Public Works Loans Act 1964. 1964 = The Housing Act 1964 (c. 56). 1965 (c. 56) = The Compulsory Purchase Act 1965. 1965 (c. 75) = The Rent Act 1965. 1965 = The Housing (Slum Clearance Compensation) Act 1965 (c. 81). 1967 (c. 9) = The General Rate Act 1967. 1967 (c. 80) = The Criminal Justice Act 1967. 1968 (c. 13) = The National Loans Act 1968. 1968 (c. 23) = The Rent Act 1968. 1968 (c. 42) = The Prices and Incomes Act 1968. 1969 (c. 19) = The Decimal Currency Act 1969. 1969 = The Housing Act 1969 (c. 33). 1971 (c. 23) = The Courts Act 1971. 1971 = The Housing Act 1971 (c. 76). 1971 (c. 78) = The Town and Country Planning Act 1971. 1972 = The Housing Finance Act 1972 (c. 47). 1972 (c. 70) = The Local Government Act 1972. 1972 (c. 71) = The Criminal Justice Act 1972. 1973 (H) = The Housing Amendment Act 1973 (c. 5). 1974 (c. 7) = The Local Government Act 1974. 1974 (c. 39) = The Consumer Credit Act 1974. 1974 = The Housing Act 1974 (c. 44). 1975 = The Housing Rents and Subsidies Act 1975 (c. 6). 1975 (c. 24) = The House of Commons Disqualification Act 1975. 1975 (c. 72) = The Children Act 1975. 1975 (c. 76) = The Local Land Charges Act 1975. 1976 (c. 52) = The Armed Forces Act 1976. 1976 (c. 57) = The Local Government (Miscellaneous Provisions) Act 1976. 1976 (c. 75) = The Development of Rural Wales Act 1976. 1976 (c. 80) = The Rent (Agriculture) Act 1976. 1977 (c. 42) = The Rent Act 1977. 1977 (c. 43) = The Protection from Eviction Act 1977. 1977 (c. 45) = The Criminal Law Act 1977. 1977 = The Housing (Homeless Persons) Act 1977 (c. 48). 1978 = The Home Purchase Assistance and Housing Corporation Guarantee Act 1978 (c. 27). 1978 (c. 30) = The Interpretation Act 1978. 1978 (I) = The Home Insulation Act 1978 (c. 48). 1980 (c. 43) = The Magistrate’s Courts Act 1980. 1980 = The Housing Act 1980 (c. 51). 1980 (c. 65) = The Local Government, Planning and Land Act 1980. 1981 (c. 54) = The Supreme Court Act 1981. 1981 (c. 64) = The New Towns Act 1981. 1981 (c. 67) = The Acquisition of Land Act 1981. 1982 (c. 24) = The Social Security and Housing Benefits Act 1982. 1982 (c. 48) = The Criminal Justice Act 1982. (1984 (c. 12) = The Telecommunications Act 1984. 1984 (c. 22) = The Public Health (Control of Disease) Act 1984. 1984 (c. 28) = The County Courts Act 1984. 1984 = The Housing and Building Control Act 1984 (c. 29). 1984 (D) = The Housing Defects Act 1984 (c. 50). 1985 (c. 9) = The Companies Consolidation (Consequential Provisions) Act 1985. 1985 (c. 51) = The Local Government Act 1985. Subordinate legislation S.I. 1972/1204 = The Isles of Scilly (Housing) Order 1972. S.I. 1973/886 = The Isles of Scilly (Housing) (No. 2) Order 1973. S.I. 1975/512 = The Isles of Scilly (Housing) Order 1975. S.I. 1979/72 = The Isles of Scilly (Functions) Order 1979. S.I. 1981/723 = The Local Authority Contributions (Disposal of Dwellings) Order 1981. S.I. 1982/1109 = The Crown Court Rules 1982. S.I. 1983/613 = The Grants by Local Authorities (Eligible Expense Limits) Order 1983. S.I. 1983/1122 = The Housing (Northern Ireland Consequential Amendments) Order 1983.
The Table does not show the effect of Transfer of Functions Orders.
The letter R followed by a number indicates that the provision gives effect to the Recommendation bearing that number in the law Commission’s Report on the Consolidation of the Housing Acts (Cmnd. 9515).
A reference followed by “passim” indicates that the provision of the consolidation derives from passages within those referred to which it is not convenient, and does not appear necessary, to itemise.
The entry “drafting” indicates a provision of a mechanical or editorial nature affecting the arrangement of the consolidation; for instance, a provision introducing a Schedule or introducing a definition to avoid undue repetition of the defining words.