Statement
A tenancy under which a dwelling-house in England is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as—
the tenant or, as the case may be, each of the joint tenants is an individual; and
the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling-house as his only or principal home; and
the tenancy is not one which, by virtue of subsection (2) or subsection (6) below, cannot be an assured tenancy.
Subject to subsection (3) below, if and so long as a tenancy falls within any paragraph in Part I of Schedule 1 to this Act, it cannot be an assured tenancy; and in that Schedule—
“tenancy” means a tenancy under which a dwelling-house is let as a separate dwelling;
Part II has effect for determining the rateable value of a dwelling-house for the purposes of Part I; and
Part III has effect for supplementing paragraph 10 in Part I.
Subsection (1) has effect subject to section 15A (loss of assured tenancy status).
Except as provided in Chapter V below, at the commencement of this Act, a tenancy— shall become an assured tenancy for the purposes of this Act.
under which a dwelling-house was then let as a separate dwelling, and
which immediately before that commencement was an assured tenancy for the purposes of sections 56 to 58 of the Housing Act 1980 (tenancies granted by approved bodies),
In relation to an assured tenancy falling within subsection (3) above—
Part I of Schedule 1 to this Act shall have effect, subject to subsection (5) below, as if it consisted only of paragraphs 11 and 12; and
sections 56 to 58 of the Housing Act 1980 (and Schedule 5 to that Act) shall not apply after the commencement of this Act.
The Secretary of State may by order replace any amount referred to in paragraphs 2 and 3A of Schedule 1 to this Act by such amount as is specified in the order; and such 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 any case where— then, so long as that association remains the landlord under that tenancy (and under any statutory periodic tenancy which arises on the coming to an end of that tenancy), paragraph 12 of Schedule 1 to this Act shall have effect in relation to that tenancy with the omission of sub-paragraph (1)(h).
immediately before the commencement of this Act the landlord under a tenancy is a fully mutual housing association, and
at the commencement of this Act the tenancy becomes an assured tenancy by virtue of subsection (3) above,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 63 of the Housing Act 1985 (duty to house pending inquiries in case of apparent priority need),
section 65(3) of that Act (duty to house temporarily person found to have priority need but to have become homeless intentionally), or
section 68(1) of that Act (duty to house pending determination whether conditions for referral of application are satisfied),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If, under a tenancy, a dwelling-house is let together with other land, then, for the purposes of this Part of this Act,—
if and so long as the main purpose of the letting is the provision of a home for the tenant or, where there are joint tenants, at least one of them, the other land shall be treated as part of the dwelling-house; and
if and so long as the main purpose of the letting is not as mentioned in paragraph (a) above, the tenancy shall be treated as not being one under which a dwelling-house is let as a separate dwelling.
Nothing in subsection (1) above affects any question whether a tenancy is precluded from being an assured tenancy by virtue of any provision of Schedule 1 to this Act.
As a result of section 239 of the Renting Homes (Wales) Act 2016 (anaw 1), no tenancy or licence (whenever made) of a dwelling-house that is in Wales can be an assured tenancy or an assured agricultural occupancy.
Accordingly, subject to subsection (3), nothing in sections 1 to 25 of this Act applies to a dwelling-house in Wales.
The provisions of this Act which are referred to in Schedule 10 to the Local Government and Housing Act 1989 (c. 42) continue to apply, for the purposes of that Schedule, to a dwelling-house in Wales which is subject to a long tenancy , without the amendments made by the Renters’ Rights Act 2025.
For the purposes of subsection (3), “long tenancy” has the meaning given by paragraph 8 of Schedule 2 to the Renting Homes (Wales) Act 2016.
Where a tenant has the exclusive occupation of any accommodation (in this section referred to as “the separate accommodation”) and— the separate accommodation shall be deemed to be a dwelling-house let on an assured tenancy and the following provisions of this section shall have effect.
the terms as between the tenant and his landlord on which he holds the separate accommodation include the use of other accommodation (in this section referred to as “the shared accommodation”) in common with another person or other persons, not being or including the landlord, and
by reason only of the circumstances mentioned in paragraph (a) above, the separate accommodation would not, apart from this section, be a dwelling-house let on an assured tenancy,
For the avoidance of doubt it is hereby declared that where, for the purpose of determining the rateable value of the separate accommodation, it is necessary to make an apportionment under Part II of Schedule 1 to this Act, regard is to be had to the circumstances mentioned in subsection (1)(a) above.
While the tenant is in possession of the separate accommodation, any term of the tenancy terminating or modifying, or providing for the termination or modification of, his right to the use of any of the shared accommodation which is living accommodation shall be of no effect.
Where the terms of the tenancy are such that, at any time during the tenancy, the persons in common with whom the tenant is entitled to the use of the shared accommodation could be varied or their number could be increased, nothing in subsection (3) above shall prevent those terms from having effect so far as they relate to any such variation or increase.
In this section “living accommodation” means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is sufficient, apart from this section, to prevent the tenancy from constituting an assured tenancy of a dwelling-house.
Where the tenant of a dwelling-house has sub-let a part but not the whole of the dwelling-house, then, as against his landlord or any superior landlord, no part of the dwelling-house shall be treated as excluded from being a dwelling-house let on an assured tenancy by reason only that the terms on which any person claiming under the tenant holds any part of the dwelling-house include the use of accommodation in common with other persons.
Nothing in this section affects the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any two such persons.
Terms of an assured tenancy are of no effect so far as they provide—
for a tenancy to be a fixed term tenancy, or
for periods of the tenancy to be different from the periods for which rent is payable (“rent periods”).
Where terms of an assured tenancy are of no effect by virtue of subsection (1)(a) or (b), the tenancy has effect as a periodic tenancy under which the periods of the tenancy are the same as the rent periods.
Terms of an assured tenancy which provide for the rent periods are of no effect unless each rent period is—
a period of 28 days or shorter, or
a monthly rent period.
Those terms may provide for different rent periods at different times during the assured tenancy (but each rent period must be permitted by subsection (3)).
Where terms of an assured tenancy are of no effect by virtue of subsection (3), the tenancy has effect as if it provided—
for successive rent periods of one month beginning with the first day of the tenancy, and
for the rent for each such rent period—
to be the amount calculated in accordance with the formula in subsection (6), and
to be due on the first day of the period.
The formula is— where— R is the rent that would have been due for the first rent period of the tenancy under the terms that are of no effect by virtue of subsection (3); D is the number of whole days in that period.
Except as provided by subsections (1) and (3), nothing in this section limits any right of the landlord and the tenant to vary a term of a tenancy by agreement.
For the purposes of this section, terms of an assured tenancy provide for “monthly” rent periods if they provide for rent to be payable for successive periods of one month, disregarding any provision for the first period to be a different period not exceeding 30 days.
Terms of an assured tenancy which provide for when rent is due are of no effect so far as they provide for rent to be due in advance.
But subsection (1) does not apply—
to a tenancy entered into before the commencement date (which has the same meaning as in section 146(3) of the Renters’ Rights Act 2025),
to an excepted tenancy, or
to terms of any other assured tenancy so far as they provide for initial rent to be due during the permitted pre-tenancy period.
Where terms of an assured tenancy providing for when the rent for a rent period is due are of no effect by virtue of this section, the tenancy has effect as if it provided for the rent for that rent period to be due on the substitute rent day for that rent period.
In a case where the terms of the tenancy (after taking account of section 4A) are such that— the regular rent day which falls during a rent period is the “substitute rent day” for the rent period.
one or more of the periods of the tenancy will be compliant rent periods, and
the compliant rent periods have a regular pattern,
In any other case, the first day of a rent period is the “substitute rent day” for the rent period.
The compliant rent periods of a tenancy “have a regular pattern” if those periods meet the following two conditions—
all of the compliant rent periods will be the same length (and, for this purpose, all periods of one month are the same length);
the rent for all of the compliant periods will be due— and that day, or day of that description, is the “regular rent day”.
on the same day during each of the periods (such as the same day of the week in a weekly period or the same date in the month in a monthly period), or
on the same description of day during each of the periods (such as the last day, or first weekday, of a period);
The condition in subsection (6)(a) is met even if the first period of the tenancy is of a different length from all the other compliant periods; and, in such a case, the condition in subsection (6)(b) is met even if the rent for the first period of the tenancy is due on a different day, or description of day, from all the other compliant periods.
For provision enabling a holding deposit to be used to pay initial rent due during the permitted pre-tenancy period, see Schedule 2 to the Tenant Fees Act 2019.
The Secretary of State may, by regulations, amend this section for the purpose of making provision about the descriptions of rent due in advance to which subsection (1) does not apply.
Regulations under subsection (9)—
may make different provision for different purposes;
are to be made by statutory instrument.
A statutory instrument containing regulations under subsection (9) 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 this paragraph—
Condition 5 is that—
the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under—
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).
An assured tenancy cannot be brought to an end by the landlord except by— and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic an assured tenancy.
obtaining—
an order of the court for possession of the dwelling-house under section 7 or 21 and
the execution of the order,
obtaining an order of the court under section 6A (demotion order), ...
in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power , or
in the case of an assured tenancy— giving a notice in accordance with that section,
which is a residential tenancy agreement within the meaning of Chapter 1 of Part 3 of the Immigration Act 2014, and
in relation to which the condition in section 33D(2) of that Act is met,
If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of— then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.
an order of the court of the kind mentioned in subsection (1)(a) or (b) or any other order of the court, ...
a surrender or other action on the part of the tenant, or
the giving of a notice under section 33D of the Immigration Act 2014,
Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.
The periodic tenancy referred to in subsection (2) above is one—
taking effect in possession immediately on the coming to an end of the fixed term tenancy;
deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;
under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;
under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and
under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.
The periodic tenancy referred to in subsection (2) above shall not arise if, on the coming to an end of the fixed term tenancy, the tenant is entitled, by virtue of the grant of another tenancy, to possession of the same or substantially the same dwelling-house as was let to him under the fixed term tenancy.
If, on or before the date on which a tenancy is entered into or is deemed to have been granted as mentioned in subsection (3)(b) above, the person who is to be the tenant under that tenancy— the obligation referred to in paragraph (a) above shall not be enforceable or, as the case may be, the surrender, notice to quit or other document referred to in paragraph (b) above shall be of no effect.
enters into an obligation to do any act which (apart from this subsection) will cause the tenancy to come to an end at a time when it is an assured tenancy, or
executes, signs or gives any surrender, notice to quit or other document which (apart from this subsection) has the effect of bringing the tenancy to an end at a time when it is an assured tenancy,
If, by virtue of any provision of this Part of this Act, Part I of Schedule 1 to this Act has effect in relation to a fixed term tenancy as if it consisted only of paragraphs 11 and 12, that Part shall have the like effect in relation to any periodic tenancy which arises by virtue of this section on the coming to an end of the fixed term tenancy.
Any reference in this Part of this Act to a statutory periodic tenancy is a reference to a periodic tenancy arising by virtue of this section..
Nothing in subsection (5) affects any right of pre-emption—
which is exercisable by the landlord under a tenancy in circumstances where the tenant indicates his intention to dispose of the whole of his interest under the tenancy, and
in pursuance of which the landlord would be required to pay, in respect of the acquisition of that interest, an amount representing its market value.
In this section, in relation to a statutory periodic tenancy,— but nothing in the following provisions of this section applies to a statutory periodic tenancy at a time when, by virtue of paragraph 11 or paragraph 12 in Part 1 of Schedule 1 to this Act, it cannot be an assured tenancy.
“the former tenancy” means the fixed term tenancy on the coming to an end of which the statutory periodic tenancy arises; and
“the implied terms” means the terms of the tenancy which have effect by virtue of section 5(3)(e) above, other than terms as to the amount of the rent;
Not later than the first anniversary of the day on which the former tenancy came to an end, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form proposing terms of the statutory periodic tenancy different from the implied terms and, if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms.
Where a notice has been served under subsection (2) above,—
within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under subsection (4) below; and
if the notice is not so referred, then, with effect from such date, not falling within the period referred to in paragraph (a) above, as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed.
Where a notice under subsection (2) above is referred to the appropriate tribunal, the appropriate tribunal shall consider the terms proposed in the notice and shall determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal’s opinion, might reasonably be expected to be found in an assured periodic tenancy of the dwelling-house concerned, being a tenancy—
which begins on the coming to an end of the former tenancy; and
which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the statutory periodic tenancy at the time of the appropriate tribunal’s consideration.
Whether or not a notice under subsection (2) above proposes an adjustment of the amount of the rent under the statutory periodic tenancy, where the appropriate tribunal determine any terms under subsection (4) above, they shall, if they consider it appropriate, specify such an adjustment to take account of the terms so determined.
In making a determination under subsection (4) above, or specifying an adjustment of an amount of rent under subsection (5) above, there shall be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant.
Where a notice under subsection (2) above is referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct— but for the purposes of paragraph (b) above the appropriate tribunal shall not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice referred to them.
the terms determined by the appropriate tribunal shall become terms of the statutory periodic tenancy in substitution for any of the implied terms dealing with the same subject matter; and
the amount of the rent under the statutory periodic tenancy shall be altered to accord with any adjustment specified by the appropriate tribunal;
Nothing in this section requires the appropriate tribunal to continue with a determination under subsection (4) above if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.
The court shall not make an order for possession of a dwelling-house let on an assured tenancy except on one or more of the grounds set out in Schedule 2 to this Act; but nothing in this Part of this Act relates to proceedings for possession of such a dwelling-house which are brought by a mortgagee, within the meaning of the Law of Property Act 1925, who has lent money on the security of the assured tenancy.
The following provisions of this section have effect, subject to section 8 below, in relation to proceedings for the recovery of possession of a dwelling-house let on an assured tenancy.
If the court is satisfied that any of the grounds in Part I of Schedule 2 to this Act is established then , subject to subsections (5A) and (6) the following provisions of this section and section 10A below (and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998), the court shall make an order for possession.
If the court is satisfied that any of the grounds in Part II of Schedule 2 to this Act is established, then, subject to subsections (5A) and (6) below, the court may make an order for possession if it considers it reasonable to do so.
Part III of Schedule 2 to this Act shall have effect for supplementing Ground 9 in that Schedule and Part IV of that Schedule shall have effect in relation to notices given as mentioned in Grounds 1 to 5 of that Schedule.
The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless—
the ground for possession is Ground 2 , Ground 7A , Ground 7B or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and
the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).
The court may not make an order for possession of a dwelling-house on any of Grounds 1 to 5H or Ground 6A where—
a smallholding was previously let to the tenant under a tenancy to which the Agricultural Holdings Act 1986 applies (“the agricultural tenancy”),
the agricultural tenancy came to an end as a result of the operation of a notice to quit given in case A in Part 1 of Schedule 3 to that Act (“case A”),
the assured tenancy was granted immediately after the agricultural tenancy came to an end, and
the dwelling-house is let under the assured tenancy—
by the person who was the landlord under the agricultural tenancy (“the former agricultural landlord”), or
by another person pursuant to a contract or other agreement entered into with the former agricultural landlord under which—
the dwelling-house is to be let as suitable alternative accommodation for the purposes of paragraph (b) of case A, and
this subsection is to apply.
Subject to the preceding provisions of this section, the court may make an order for possession of a dwelling-house on grounds relating to a fixed term tenancy which has come to an end; and where an order is made in such circumstances, any statutory periodic tenancy which has arisen on the ending of the fixed term tenancy shall end (without any notice and regardless of the period) in accordance with section 5(1A).
The court may not make an order for possession of a dwelling-house let on an assured tenancy on any of Grounds 1 to 5H or Ground 6A where, on the basis of the proposed let of the dwelling-house on that tenancy, the dwelling-house was deemed to be suitable alternative accommodation under paragraph 1(c) of Part 4 of Schedule 2 to the Housing Act 1985 for the purposes of section 84(2)(b) and (c) of that Act.
The court shall not make an order for possession of a dwellinghouse let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 on any of the following grounds, that is to say,—
Grounds 1 , 2 , 5 to 5H, 6A, 6B , 7A and 7B in Part I of Schedule 2 to this Act;
Ground 16 in Part II of that Schedule; and
if the assured periodic tenancy arose on the termination of a former 1954 Act tenancy, within the meaning of the said Schedule 10, Ground 6 in Part I of Schedule 2 to this Act.
The court may not make an order for possession of a dwelling-house let on an assured tenancy granted in accordance with section 554(3)(c) (before its repeal) or (ca) of the Housing Act 1985 on any of Grounds 1 to 5H or Ground 6A.
In relation to the making of an order for possession of a dwelling-house let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989, Ground 6 is to apply as if—
in paragraph (b), the words “, but only in a case where section 7(5ZA) applies in relation to the tenancy” were omitted;
in the general redevelopment conditions, paragraph (f) was omitted;
in the landlord’s acquisition condition, in paragraph (a), the reference to the grant of the tenancy is a reference to the grant of the long residential tenancy which existed immediately before the assured periodic tenancy arose.
If the only grounds for possession which the court is satisfied are established are either or both of Grounds 7A and 14 in Schedule 2, the court may not make an order for possession to take effect within—
the period of 14 days beginning with the date of service of the notice under section 8; or
where the court has exercised the power conferred by section 8(1)(b), the period of 14 days beginning—
if a purported notice of possession (within the meaning given by section 16M) was served on the tenant and the court considers it just and equitable, with the date on which the notice was served;
otherwise, with the date on which the proceedings for possession began.
In subsection (5C), a reference to a “long residential tenancy” is a reference to a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies.
In the case of a dwelling-house in England, subsection (6)(a) has effect as if it also referred to Ground 7 in Part 1 of Schedule 2 to this Act.
The requirement in subsection (6)(b) that would otherwise apply to an order for possession of a dwelling-house let on an assured fixed term tenancy does not apply where the ground for possession is Ground 7B in Part 1 of Schedule 2 to this Act.
This section applies to an assured tenancy if— the landlord is a registered social landlord.
the landlord is a non-profit registered provider of social housing,
the landlord is a profit-making registered provider of social housing and the dwelling-house let on the tenancy is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or
The landlord may apply to the county court for a demotion order.
A demotion order has the following effect—
the assured 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 assured 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 assured 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.
The court must not entertain proceedings for a demotion order unless—
the landlord has served on the tenant a notice under subsection (6), or
the court thinks it is just and equitable to dispense with the requirement of the notice.
The notice must—
give particulars of the conduct in respect of which the order is sought;
state that the proceedings will not begin before the date specified in the notice;
state that the proceedings will not begin after the end of the period of twelve months beginning with the date of service of the notice.
The date specified for the purposes of subsection (6)(b) must not be before the end of the period of two weeks beginning with the date of service of the notice.
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 assured 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 (8)(b) does not apply if the assured 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 assured 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 20B of the Housing Act 1988 applies.
The court shall not entertain proceedings for possession of a dwelling-house let on an assured tenancy unless—
the landlord or, in the case of joint landlords, at least one of them has served on the tenant a notice in accordance with this section and the proceedings are begun within the time limits stated in the notice in accordance with (3) to (4B) (4AA) below; or
the court considers it just and equitable to dispense with the requirement of such a notice.
The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court.
A notice under this section is one in the prescribed form informing the tenant that—
the landlord intends to begin proceedings for possession of the dwelling-house on one or more of the grounds specified in the notice; and
those proceedings will not begin earlier than a date specified in the notice in accordance with subsections (3A) to (4B) (4) to (4AA) below; and
those proceedings will not begin later than twelve months from the date of service of the notice.
If a notice under this section specifies in accordance with subsection (3)(a) above Ground 14 either or both of Grounds 7A and 14 in Schedule 2 to this Act (whether with or without other grounds or with any ground other than Ground 7A), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the date of the service of the notice.
two months from the date of service of the notice; and
if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section.
If a notice under this section specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) is not to be earlier than—
in the case of a periodic tenancy, the earliest date on which, apart from section 5(1), the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section;
in the case of a fixed term tenancy, one month after the date on which the notice was served.
The court may not exercise the power conferred by subsection (1)(b) above if the landlord seeks to recover possession on Ground 7A , 7B or 8 in Schedule 2 to this Act.
Where a notice under this section— the notice shall have effect notwithstanding that the tenant becomes or has become tenant under a statutory periodic tenancy arising on the coming to an end of the fixed term tenancy.
is served at a time when the dwelling-house is let on a fixed term tenancy, or
is served after a fixed term tenancy has come to an end but relates (in whole or in part) to events occurring during that tenancy,
If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground 7A or 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than—
two months from the date of service of the notice; and
if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section.
In any other case, the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the expiry of the period of two weeks from the date of the service of the notice.
If a notice under this section does not specify Ground 7A or 14 in Schedule 2, the date specified in the notice as mentioned in subsection (3)(b) must not be before the end of the longest period shown in the following table for any ground specified in the notice. Ground specified in notice Period 1, 1A, 1B, 2, 2ZA, 2ZB, 2ZC, 2ZD, 4A, 6, 6A, 6B four months beginning with the date of service of the notice 5, 5A, 5B, 5C, 5D, 5H, 7, 9 two months beginning with the date of service of the notice 5E, 5F, 5G, 8, 10, 11, 18 four weeks beginning with the date of service of the notice 4, 7B, 12, 13, 14ZA, 14A, 15, 17 two weeks beginning with the date of service of the notice
A notice under this section that specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds) must be served on the tenant within the time period specified in subsection (4D), (4E) or (4F).
Where the landlord proposes to rely on condition 1, 3 or 5 in Ground 7A, the notice 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.
Where the landlord proposes to rely on condition 2 in Ground 7A, the notice 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.
Where the landlord proposes to rely on condition 4 in Ground 7A, the notice 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 given by an intermediate landlord under Ground 2ZA is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZC.
A notice given by an intermediate landlord under Ground 2ZB is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZD.
Regulations made under section 45(1) by virtue of subsection (3) may—
provide for the form to be published by the Secretary of State;
provide that the form to be used is the version that has effect at the time the requirement applies.
Subject to subsection (6) below, the court may adjourn for such period or periods as it thinks fit proceedings for possession of a dwelling-house let on an assured tenancy.
On the making of an order for possession of a dwelling-house let on an assured tenancy or at any time before the execution of such an order, the court, subject to subsection (6) below, may— for such period or periods as the court thinks just.
stay or suspend execution of the order, or
postpone the date of possession,
On any such adjournment as is referred to in subsection (1) above or on any such stay, suspension or postponement as is referred to in subsection (2) above, the court, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, shall impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent . . . and may impose such other conditions as it thinks fit.
If any such conditions as are referred to in subsection (3) above are complied with, the court may, if it thinks fit, discharge or rescind any such order as is referred to in subsection (2) above.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
at a time when proceedings are brought for possession of a dwelling-house let on an assured tenancy, the tenant’s spouse or former spouse, having rights of occupation under the Matrimonial Homes Act 1983, is in occupation of the dwelling-house, and
the assured tenancy is terminated as a result of those proceedings,
This section does not apply if the court is satisfied that the landlord is entitled to possession of the dwelling-house—
on any of the grounds in Part I of Schedule 2 to this Act; or
by virtue of subsection (1) or subsection (4) of section 21 below.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies in a case falling within subsection (1) of section 3 above and expressions used in this section have the same meaning as in that section.
Without prejudice to the enforcement of any order made under subsection (3) below, while the tenant is in possession of the separate accommodation, no order shall be made for possession of any of the shared accommodation, whether on the application of the immediate landlord of the tenant or on the application of any person under whom that landlord derives title, unless a like order has been made, or is made at the same time, in respect of the separate accommodation; and the provisions of section 6 above shall have effect accordingly.
On the application of the landlord, the court may make such order as it thinks just either—
terminating the right of the tenant to use the whole or any part of the shared accommodation other than living accommodation; or
modifying his right to use the whole or any part of the shared accommodation, whether by varying the persons or increasing the number of persons entitled to the use of that accommodation or otherwise.
No order shall be made under subsection (3) above so as to effect any termination or modification of the rights of the tenant which, apart from section 3(3) above, could not be effected by or under the terms of the tenancy.
This section applies where the court exercises the power conferred by section 8(1)(b) in proceedings relating to Ground 4A, 5G or 6 in Schedule 2.
The court may, if it considers it just and equitable to do so—
where the proceedings relate to Ground 4A, disapply paragraph (d) of the ground;
where the proceedings relate to Ground 5G, disapply paragraph (b) of the ground;
where the proceedings relate to Ground 6, disapply paragraph (aa)(ii)(B) of the ground.
References in this section to grounds in Schedule 2 are to those grounds read in accordance with paragraph 12(2) of that Schedule.
Where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6 or Ground 9 the dwelling-house on Ground 6, 6A or 9 in Schedule 2 to this Act (but not on any other ground), the landlord shall pay to the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the dwelling-house.
This section applies to a dwelling-house let on an assured tenancy if—
the landlord is a relevant social landlord, and
the dwelling-house is social housing.
Any question as to the amount of the sum referred to in subsection (1) or (1A) above shall be determined by agreement between the landlord and the tenant or, in default of agreement, by the court.
Any sum payable to a tenant by virtue of this section shall be recoverable as a civil debt due from the landlord.
If the court makes the order for possession on Ground 6 in circumstances where— the landlord must also pay to the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the alternative accommodation provided temporarily.
the additional RSL condition is met, and
that condition is met in case B (alternative accommodation provided temporarily until other alternative accommodation becomes available),
In this section—
Where the ground specified in a notice under section 8 (whether with or without other grounds) is Ground 14A in Schedule 2 to this Act and the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house, the court shall not entertain proceedings for possession of the dwelling-house unless—
the landlord or, in the case of joint landlords, at least one of them has served on the partner who has left a copy of the notice or has taken all reasonable steps to serve a copy of the notice on that partner, or
the court considers it just and equitable to dispense with such requirements as to service.
Where Ground 14A in Schedule 2 to this Act is added to a notice under section 8 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, the court shall not continue to entertain the proceedings unless—
the landlord or, in the case of joint landlords, at least one of them has served a notice under subsection (3) below on the partner who has left or has taken all reasonable steps to serve such a notice on that partner, or
the court considers it just and equitable to dispense with the requirement of such a notice.
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.
Where a landlord obtains an order for possession of a dwelling-house let on an assured tenancy on one or more of the grounds in Schedule 2 to this Act and it is subsequently made to appear to the court that the order was obtained by misrepresentation or concealment of material facts, the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order.
This section applies if the court is considering under section 7(4) whether it is reasonable to make an order for possession on ground 14 set out in Part 2 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.
whether the person against whom the order is sought has co-operated with any attempt by the landlord to encourage the conduct to cease.
Where the person against whom the order is sought is a tenant occupying an HMO, in considering effects mentioned in subsection (2)(a) the court must have particular regard to the effect on other occupiers who share with that person accommodation or facilities within the HMO.
For the purposes of subsection (3) occupiers of an HMO share accommodation or facilities if they are each entitled to use that accommodation or those facilities under the terms of a tenancy or licence to occupy.
In subsection (3) “HMO” has the same meaning as in Part 2 of the Housing Act 2004 (see section 77 of that Act).
This section applies on an application for an order for possession of a dwelling-house let on an assured tenancy if the court is satisfied that—
Ground 7B in Schedule 2 is established,
no other ground in that Schedule is established, or one or more grounds in Part 2 of that Schedule are established but it is not reasonable to make an order for possession on that ground or those grounds,
the tenancy is a joint tenancy, and
one or more of the tenants is a qualifying tenant.
In subsection (1)(d) “qualifying tenant” means a person who (within the meaning of Ground 7B) is not disqualified as a result of the person's immigration status from occupying the dwelling-house under the tenancy.
The court may, instead of making an order for possession, order that the tenant's interest under the tenancy is to be transferred so that it is held—
if there is one qualifying tenant, by the qualifying tenant as sole tenant, or
if there is more than one qualifying tenant, by all of them as joint tenants.
The effect of an order under this section is that, from the time the order takes effect, the qualifying tenant or tenants—
are entitled to performance of the landlord's covenants under the tenancy, and
are liable to perform the tenant's covenants under the tenancy.
The effect of an order under this section is that, from the time it takes effect, any other person who was a tenant under the tenancy before the order took effect—
ceases to be entitled to performance of the landlord's covenants under the tenancy, or
ceases to be liable to perform the tenant's covenants under the tenancy.
Subsection (5) does not remove any right or liability of the person which accrued before the order took effect.
An order under this section does not operate to create a new tenancy as between the landlord and the qualifying tenant or tenants.
In particular, if the tenancy is a fixed term tenancy, the term comes to an end at the same time as if the order had not been made.
This section applies where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6B in Schedule 2 to this Act (whether or not the order is also made on any other ground).
The court may order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order for possession.
In deciding whether to make an order under this section, and what compensation to order, the court must (in particular) take into account the circumstances which led to Ground 6B being available as a ground for making an order for possession (including any conduct by the tenant which caused or contributed to Ground 6B being available).
This section applies to—
a statutory periodic tenancy other than one which, by virtue of paragraph 11 or paragraph 12 in Part I of Schedule 1 to this Act, cannot for the time being be an assured tenancy; and
any other periodic tenancy which is an assured tenancy, other than one in relation to which there is a provision, for the time being binding on the tenant, under which the rent for a particular period of the tenancy will or may be greater than the rent for an earlier period.
For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than—
the minimum period two months after the date of the service of the notice; and
except in the case of a statutory periodic tenancy— either
in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began; or
in any other case, on the date that falls 52 weeks after the date on which the first period of the tenancy began; and
if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14 below , either —
in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect; or
in any other case, the appropriate date
This section applies to any assured tenancy other than a relevant low-cost tenancy.
The minimum period referred to in subsection (2) above is—
in the case of a yearly tenancy, six months;
in the case of a tenancy where the period is less than a month, one month; and
in any other case, a period equal to the period of the tenancy.
Where a notice is served under subsection (2) above, a new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice,—
the tenant by an application in the prescribed form refers the notice to the appropriate tribunal applies to the appropriate tribunal under section 14(A3); or
the landlord and the tenant agree on a variation of the rent which is different from new rent which is lower than that proposed in the notice or agree that the rent should not be varied.
Nothing in this section (or in section 14 below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).
The appropriate date referred to in subsection (2)(c)(ii) above is—
in a case to which subsection (3B) below applies, the date that falls 53 weeks after the date on which the increased rent took effect;
in any other case, the date that falls 52 weeks after the date on which the increased rent took effect.
This subsection applies where—
the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 below on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies)(Rent Increases) Order 2003; and
the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect.
The rent for a period of an assured tenancy to which this section applies may not be greater than the rent for the previous period except by virtue of— and any provision relating to an assured tenancy to which this section applies is of no effect so far as it provides that the rent for a particular period of the tenancy must or may be greater than the rent for the previous period otherwise than by virtue of a notice, determination or agreement mentioned in this subsection.
a notice under this section or an agreement under subsection (4)(b) following such a notice,
a determination under section 14, or
an agreement in writing between the landlord and the tenant varying the rent, following a determination by the appropriate tribunal under section 14, where the agreed rent is lower than the rent that would be payable under section 14ZA or 14ZB as a result of the determination;
Except as provided by subsection (4A), nothing in this section (or in sections 14 to 14ZB) limits any right of the landlord and the tenant under an assured tenancy to which this section applies to vary any term of the tenancy by agreement.
In this section “relevant low-cost tenancy” means—
an assured tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008, where the landlord is a private registered provider of social housing, and
any other assured tenancy of a description specified in regulations made by the Secretary of State.
Regulations under subsection (4C)(b)—
may make different provision for different purposes;
are to be made by statutory instrument.
A statutory instrument containing regulations under subsection (4C)(b) is subject to annulment in pursuance of a resolution of either House of Parliament.
Where, under subsection (4)(a) of section 13 above, a tenant refers to the appropriate tribunal a notice under subsection (2) of that section, Where an application is made under subsection (A1) or (A3), the appropriate tribunal shall determine the rent at which, subject to subsections (2) and (4) below, the appropriate tribunal consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy—
which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates;
which begins at the beginning of the new period specified in the notice;
the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice application relates; and
which has the same periods as those of the tenancy to which the application relates;
in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have been given (or have effect as if given) in relation to the tenancy to which the notice relates.
which begins—
in the case of an application under subsection (A1), on the date of the application;
in the case of an application under subsection (A3), at the beginning of the new period specified in the notice; and
A tenant under an assured tenancy other than a relevant low-cost tenancy may make an application to the appropriate tribunal for the purpose of challenging the rent payable under the tenancy.
In making a determination under this section, there shall be disregarded—
any effect on the rent attributable to the granting of a tenancy to a sitting tenant;
any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement—
was carried out otherwise than in pursuance of an obligation to his immediate landlord, or
was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement; and
any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy.
No application may be made under subsection (A1) if—
the rent payable under the tenancy is pursuant to a previous determination under this section, or
more than six months have elapsed since the beginning of the tenancy.
For the purposes of subsection (2)(b) above, in relation to a notice which is referred by a tenant as mentioned in subsection (1) above, an improvement is a relevant improvement if either it was carried out during the tenancy to which the notice application relates or the following conditions are satisfied, namely—
that it was carried out not more than twenty-one years before the date of service of the notice the application; and
that, at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice the application, the dwelling-house has been let under an assured tenancy; and
that, on the coming to an end of an assured tenancy at any time during that period, the tenant (or, in the case of joint tenants, at least one of them) did not quit.
A tenant under any assured tenancy may make an application to the appropriate tribunal for the purpose of challenging a new rent proposed in a notice under section 13(2) or 13A(2).
In this section “rent” does not include any service charge, within the meaning of section 18 of the Landlord and Tenant Act 1985, but, subject to that, includes any sums payable by the tenant to the landlord on account of the use of furniture , in respect of council tax or for any of the matters referred to in subsection (1)(a) of that section, whether or not those sums are separate from the sums payable for the occupation of the dwelling-house concerned or are payable under separate agreements.
Where any rates in respect of the dwelling-house concerned are borne by the landlord or a superior landlord, the appropriate tribunal shall make their determination under this section as if the rates were not so borne.
In any case where— the appropriate tribunal shall make a determination in relation to the section 6 reference before making their determination in relation to the section 13 reference and, accordingly, in such a case the reference in subsection(1)(c) above to the terms of the tenancy to which the notice relates shall be construed as a reference to those terms as varied by virtue of the determination made in relation to the section 6 reference.
the appropriate tribunal have before them at the same time the reference of a notice under section 6(2) above relating to a tenancy (in this subsection referred to as “the section 6 reference”) and the reference of a notice under section 13(2) above relating to the same tenancy (in this subsection referred to as “the section 13 reference”), and
the date specified in the notice under section 6(2) above is not later than the first day of the new period specified in the notice under section 13(2) above, and
the appropriate tribunal propose to hear the two references together,
Where a notice under section 13(2) above has been referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, the rent determined by the appropriate tribunal (subject, in a case where subsection (5) above applies, to the addition of the appropriate amount in respect of rates) shall be the rent under the tenancy with effect from the beginning of the new period specified in the notice or, if it appears to the appropriate tribunal that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the rent is determined) as the appropriate tribunal may direct.
In making a determination under this section in any case where under Part I of the Local Government Finance Act 1992 the landlord or a superior landlord is liable to pay council tax in respect of a hereditament ( “the relevant hereditament”) of which the dwelling-house forms part, the appropriate tribunal shall have regard to the amount of council tax which, as at the date on which the notice under section 13(2) above was served, of the application was set by the billing authority— but any discount or other reduction affecting the amount of council tax payable shall be disregarded.
for the financial year in which that notice was served the application was made, and
for the category of dwellings within which the relevant hereditament fell on that date,
Nothing in this section requires the appropriate tribunal to continue with their determination of a rent for a dwelling-house if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.
In subsection (3A) above—
“hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992,
“billing authority” has the same meaning as in that Part of that Act, and
“category of dwellings” has the same meaning as in section 30(1) and (2) of that Act.
This section shall apply in relation to an assured shorthold tenancy as if in subsection (1) the reference to an assured tenancy were a reference to an assured shorthold tenancy.
This section applies to a relevant low-cost tenancy within the meaning given by section 13(4C).
For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than—
one month after the date of the service of the notice, and
in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began, and
if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14, either—
in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect, or
in any other case, the appropriate date.
The appropriate date is—
in a case to which subsection (4) applies, the date that falls 53 weeks after the date on which the increased rent took effect;
in any other case, the date that falls 52 weeks after the date on which the increased rent took effect.
This subsection applies where—
the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003, and
the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect.
Where a notice is served under subsection (2), a new rent specified in the notice takes effect as mentioned in the notice unless, before the beginning of the new period specified in the notice—
the tenant applies to the tribunal under section 14(A3), or
the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.
Nothing in this section (or in section 14) affects the right of the landlord and the tenant under a relevant low-cost tenancy within the meaning given by section 13(4C) to vary by agreement any term of the tenancy (including a term relating to rent).
Subject to subsection (3) below, it shall be an implied term of every assured tenancy which is a periodic tenancy that, except with the consent of the landlord, the tenant shall not—
assign the tenancy (in whole or in part); or
sub-let or part with possession of the whole or any part of the dwelling-house let on the tenancy.
Section 19 of the Landlord and Tenant Act 1927 (consents to assign not to be unreasonably withheld etc.) shall not apply to a term which is implied into an assured tenancy by subsection (1) above.
In the case of a periodic tenancy which is not a statutory periodic tenancy or an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 subsection (1) above does not apply if—
there is a provision (whether contained in the tenancy or not) under which the tenant is prohibited (whether absolutely or conditionally) from assigning or sub-letting or parting with possession or is permitted (whether absolutely or conditionally) to assign, sub-let or part with possession; or
a premium is required to be paid on the grant or renewal of the tenancy.
In subsection (3)(b) above “premium” includes—
any fine or other like sum;
any other pecuniary consideration in addition to rent; and
any sum paid by way of deposit, other than one which does not exceed one-sixth of the annual rent payable under the tenancy immediately after the grant or renewal in question.
Where a tenant under an assured tenancy makes an application to the appropriate tribunal, the tribunal may determine whether a notice served on the tenant under section 13(2) or 13A(2) is valid.
It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.
This section applies where the appropriate tribunal makes a determination on an application under section 14(A1) in relation to a tenancy.
The rent payable under the tenancy following the determination is—
the new rent amount, and
the appropriate amount (if any) in respect of rates.
The rent payable under the tenancy following the determination takes effect from the date that the appropriate tribunal directs.
The new rent amount is—
the open-market rent, if lower than the tenancy rent, and
otherwise, the tenancy rent.
The date must not be earlier than the date of the application.
In this section—
“the discount repayment period” means the period of 3 years that applies for the purposes of paragraph 1(2) or the period of five years that applies for the purposes of paragraph 1(3)(depending on whether an offer such as is mentioned in section 203(4) of the Housing Act 2004 was made before or on or after the coming into force of that section).
The landlord who is seeking possession or, if that landlord is a non-profit registered provider of social housing, registered social landlord or charitable housing trust, or (where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008) a profit-making registered provider of social housing, a superior landlord intends to demolish or reconstruct the whole or a substantial part of the dwelling-house or to carry out substantial works on the dwelling-house or any part thereof or any building of which it forms part and the following conditions are fulfilled—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies where the appropriate tribunal makes a determination on an application under section 14(A3) in relation to a tenancy.
The rent payable under the tenancy following the determination is—
the new rent amount, and
the appropriate amount (if any) in respect of rates.
The rent payable under the tenancy following the determination takes effect from—
the beginning of the new period specified in the notice under section 13(2) or 13A(2), if that date is on or after the date of the determination,
the beginning of the first new period of the tenancy which begins on or after the date of the determination, if the beginning of the new period specified in the notice under section 13(2) or 13A(2) is before the date of the determination, or
if it appears to the tribunal that applying paragraph (a) or (b) would cause undue hardship to the tenant, a date that the appropriate tribunal directs.
A date specified under subsection (3)(c) must fall before the end of the period of two months beginning with the date of the determination.
The new rent amount is—
the open-market rent, if lower than the proposed rent, and
otherwise, the proposed rent.
The Secretary of State may by regulations make provision so as to substitute, in relation to relevant tenancies, a different date as the effective date.
The effective date may not be earlier than the beginning of the new period specified in the notice served on the tenant under section 13(2) or 13A(2).
Regulations under subsection (6)—
may amend this section;
may make different provision for different purposes;
may make supplemental, consequential, incidental, transitional, transitory or saving provision;
are to be made by statutory instrument.
A statutory instrument containing regulations under subsection (6) 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 this section—
“local housing authority” means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London (in its capacity as a local authority) or the Council of the Isles of Scilly;
A person who paid rent as a tenant under an assured tenancy is entitled to be repaid any part of that rent that relates to days falling after the end of the tenancy.
Subsection (1) does not affect any other entitlement to payment arising at the end of an assured tenancy.
In any case where— the landlord may serve on the tenant a notice in the prescribed form proposing an increased rent to take account of the tenant’s liability to make payments to the landlord in respect of council tax, such increased rent to take effect at the beginning of a new period of the tenancy specified in the notice being a period beginning not earlier than one month after the date on which the notice was served.
under Part I of the Local Government Finance Act 1992 the landlord of a dwelling-house let under an assured tenancy to which section 13 above applies or a superior landlord is liable to pay council tax in respect of a dwelling (within the meaning of that Part of that Act) which includes that dwelling-house,
under the terms of the tenancy (or an agreement collateral to the tenancy) the tenant is liable to make payments to the landlord in respect of council tax,
the case falls within subsection (2) or subsection (3) below, and
no previous notice under this subsection has been served in relation to the dwelling-house,
The case falls within this subsection if—
the rent under the tenancy has previously been increased by virtue of a notice under section 13(2) above or a determination under section 14 above, and
the first anniversary of the date on which the increased rent took effect has not yet occurred.
The case falls within this subsection if a notice has been served under section 13(2) above before 1st April 1993 but no increased rent has taken effect before that date.
No notice may be served under subsection (1) above after 31st March 1994.
Where a notice is served under subsection (1) above, the new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice—
the tenant by an application in the prescribed form refers the notice to the appropriate tribunal, or
the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.
Nothing in this section (or in section 14B below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).
Where, under subsection (5)(a) of section 14A above, a tenant refers to the appropriate tribunal a notice under subsection (1) of that section, the appropriate tribunal shall determine the amount by which, having regard to the provisions of section 14(3A) above, the existing rent might reasonably be increased to take account of the tenant’s liability to make payments to the landlord in respect of council tax.
Where a notice under section 14A(1) above has been referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, the existing rent shall be increased by the amount determined by the appropriate tribunal with effect from the beginning of the new period specified in the notice or, if it appears to the appropriate tribunal that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the increase is determined) as the appropriate tribunal may direct.
In any case where— the appropriate tribunal shall make a determination in relation to the section 13 reference before making their determination in relation to the section 14A reference, and if in such a case the date specified in the notice under section 13(2) above is later than the date specified in the notice under section 14A(1) above, the rent determined under the section 14A reference shall not take effect until the date specified in the notice under section 13(2).
the appropriate tribunal have before them at the same time the reference of a notice under section 13(2) above relating to a tenancy (in this subsection referred to as “the section 13 reference”) and the reference of a notice under section 14A(1) above relating to the same tenancy (in this subsection referred to as “the section 14A reference”); and
the appropriate tribunal propose to hear the two references together,
In this section “rent” has the same meaning as in section 14 above; and section 14(4) above applies to a determination under this section as it applies to a determination under that section.
Subsection (2) applies if, in breach of an express or implied term of the tenancy, a tenant of a dwelling-house let under an assured tenancy to which this section applies—
parts with possession of the dwelling-house, or
sub-lets the whole of the dwelling-house (or sub-lets first part of it and then the remainder).
The tenancy ceases to be an assured tenancy and cannot subsequently become an assured tenancy.
This section applies to an assured tenancy—
under which the landlord is a private registered provider of social housing or a registered social landlord, and
which is not a shared ownership lease.
In this section “registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996.
In this section “shared ownership lease” means a lease of a dwelling-house—
granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or
under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.
It is an implied term of every assured tenancy to which this section applies that—
a tenant may keep a pet at the dwelling-house if the tenant asks to do so in accordance with this section and the landlord consents;
such consent is not to be unreasonably refused by the landlord;
the landlord is to give or refuse consent in writing on or before the 28th day after the date of the request, except as provided by subsections (2) to (5).
Where the landlord reasonably requests further information from the tenant about the pet on or before the 28th day after the date of the tenant’s request—
if the tenant provides that information, the landlord may delay giving or refusing consent until the 7th day after the date on which the tenant provides any further information that the landlord requests;
if the tenant does not provide that information, the landlord is not required to give or refuse consent.
Where— the landlord may delay giving or refusing consent until the 7th day after the date on which the landlord receives consent or refusal from the superior landlord.
the keeping of the pet at the dwelling-house would require the landlord to obtain the consent of a superior landlord under the terms of a superior tenancy, and
the landlord seeks the consent of the superior landlord on or before the 28th day after the date of the tenant’s request,
Where the landlord and the tenant agree that the landlord may delay giving or refusing consent, the landlord may delay until whatever date is agreed between the landlord and the tenant.
Where more than one of subsections (2) to (4) apply, the landlord may delay until the latest date to which the landlord may delay giving or refusing consent under any of the subsections.
This section applies to every assured tenancy other than a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008.
For the purposes of section 16A, a tenant keeps a pet at a dwelling-house if the tenant permits the pet to live at the dwelling-house (whether or not the tenant is the owner of the pet).
Section 16A does not limit the terms that may be agreed in relation to the presence at the dwelling-house of pets which do not live there.
The tenant’s request under section 16A must—
be in writing;
include a description of the pet for which consent is sought.
The circumstances in which it is reasonable for a landlord to refuse consent include those in which—
the pet being kept at the dwelling-house would cause the landlord to be in breach of an agreement with a superior landlord;
an agreement between the landlord and a superior landlord prohibits the keeping of a pet at the dwelling-house without consent of the superior landlord, and the landlord has taken reasonable steps to obtain that consent but the superior landlord has not given it.
In proceedings in which a tenant alleges that the landlord has breached the implied term created by section 16A, the court may order specific performance of the obligation.
Subject to subsection (1D), In any case where— then, on the death, the tenancy vests by virtue of this section in the spouse or civil partner (and, accordingly, does not devolve under the tenant’s will or intestacy).
the sole tenant under an assured periodic tenancy dies, and
immediately before the death, the tenant’s spouse or civil partner was occupying the dwelling-house as his or her only or principal home, and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of this section, a tenant is a successor in relation to a tenancy if—
the tenancy became vested in him either by virtue of this section or under the will or intestacy of a previous tenant; or
at some time before the tenant’s death the tenancy was a joint tenancy held by himself and one or more other persons and, prior to his death, he became the sole tenant by survivorship; or
he became entitled to the tenancy as mentioned in section 39(5) below.
Subject to subsection (1D), in any case where— then, on the death, the tenancy vests by virtue of this section in that person (and, accordingly, does not devolve under the tenant's will or intestacy).
there is an assured periodic tenancy of a dwelling-house in England under which—
the landlord is a private registered provider of social housing, and
the tenant is a sole tenant,
the tenant under the tenancy dies,
immediately before the death, the dwelling-house was 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
there is a person whose succession is in accordance with that term,
For the purposes of this section, a tenant is also a successor in relation to a tenancy (in this subsection referred to as “the new tenancy”) which was granted to him (alone or jointly with others) if—
at some time before the grant of the new tenancy, he was, by virtue of subsection (2) above, a successor in relation to an earlier tenancy of the same or substantially the same dwelling-house as is let under the new tenancy; and
at all times since he became such a successor he has been a tenant (alone or jointly with others) of the dwelling-house which is let under the new tenancy or of a dwelling-house which is substantially the same as that dwelling-house.
Subject to subsection (1D), in any case where— then, on the death, the tenancy vests by virtue of this section in the spouse or civil partner (and, accordingly, does not devolve under the tenant's will or intestacy).
there is an assured tenancy of a dwelling-house in England for a fixed term of not less than two years under which—
the landlord is a private registered provider of social housing, and
the tenant is a sole tenant,
the tenant under the tenancy dies, and
immediately before the death, the tenant's spouse or civil partner was occupying the dwelling-house as his or her only or principal home,
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.
Subject to subsection (1D), in any case where— then, on the death, the tenancy vests by virtue of this section in that person (and accordingly does not devolve under the tenant's will or intestacy).
there is an assured tenancy of a dwelling-house in England for a fixed term of not less than two years under which—
the landlord is a private registered provider of social housing, and
the tenant is a sole tenant,
the tenant under the tenancy dies,
immediately before the death, the dwelling-house was 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
there is a person whose succession is in accordance with that term,
If, on the death of the tenant, there is, by virtue of subsection (4) above, more than one person who fulfils the condition in subsection (1)(b) or (1B)(c) above, such one of them as may be decided by agreement or, in default of agreement, by the county court shall for the purposes of this section be treated as the tenant’s spouse or civil partner.
Subsection (1) , (1A), (1B) or (1C) or (1A) does not apply if the tenant was himself a successor as defined in subsection (2) or subsection (3).
In such a case, on the death, the tenancy vests by virtue of this section in a person (“P”) (and, accordingly, does not devolve under the tenant's will or intestacy) if, and only if—
(in a case within subsection (1)) the tenancy is of a dwelling-house in England under which the landlord is a private registered provider of social housing,
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.
If, on the death of the tenant, there is more than one person in whom the tenancy would otherwise vest by virtue of subsection (1A) , (1C) or (1E), the tenancy vests in such one of them as may be agreed between them or, in default of agreement, as is determined by the county court.
This section does not apply to a fixed term assured tenancy that is a lease of a dwelling-house—
granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or
under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.
If at any time— then, subject to subsection (2) below, the assured tenancy shall continue in existence as a tenancy held of the person whose interest would, apart from the continuance of the assured tenancy, entitle him to actual possession of the dwelling-house at that time.
a dwelling-house is for the time being lawfully let on an assured tenancy, and
the landlord under the assured tenancy is himself a tenant under a superior tenancy; and
the superior tenancy comes to an end,
Subsection (1) above does not apply to an assured tenancy if the interest which, by virtue of that subsection, would become that of the landlord, is such that, by virtue of Schedule 1 to this Act, the tenancy could not be an assured tenancy.
Where, by virtue of any provision of this Part of this Act, an assured tenancy which is a periodic tenancy (including a statutory periodic tenancy) continues beyond the beginning of a reversionary tenancy which was granted (whether before, on or after the commencement of this Act) so as to begin on or after— the reversionary tenancy shall have effect as if it had been granted subject to the periodic assured tenancy.
the date on which the previous contractual assured tenancy came to an end, or
a date on which, apart from any provision of this Part, the periodic assured tenancy could have been brought to an end by the landlord by notice to quit,
The reference in subsection (3) above to the previous contractual assured tenancy applies only where the periodic tenancy referred to in that subsection is a statutory periodic tenancy and is a reference to the fixed-term tenancy which immediately preceded the statutory periodic tenancy.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to subsection (2) below, no distress for the rent of any dwelling-house let on an assured tenancy shall be levied except with the leave of the county court; and, with respect to any application for such leave, the court shall have the same powers with respect to adjournment, stay, suspension, postponement and otherwise as are conferred by section 9 above in relation to proceedings for possession of such a dwelling-house.
Nothing in subsection (1) above applies to distress levied under section 102 of the County Courts Act 1984.
This section applies to an assured tenancy other than a tenancy granted by implication, after an implied surrender of a previous assured tenancy between the same parties, where the implied surrender and grant result from an agreement to vary the terms of the previous tenancy.
The landlord under a tenancy to which this section applies must give the tenant a written statement of—
such terms of the tenancy as are specified in regulations made by the Secretary of State, whether in the form of an agreement in writing between the landlord and tenant or a record of terms otherwise agreed, and
any other information in writing about any of the following which is required to be given by regulations made by the Secretary of State—
the tenancy;
the dwelling-house let on the tenancy;
the tenant;
the landlord;
the rights of the landlord or the tenant in relation to the tenancy or the dwelling-house let on it.
The landlord may include in a statement under subsection (2) a statement of the landlord’s wish to be able to recover possession on one or more of Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H, 6A or 18 in Schedule 2 (for the consequences of specifying a ground mentioned in this subsection in a notice under section 8 where no statement under this subsection is so included, see section 16E(1)(f) and section 16I(1)(a)).
Subject to subsections (5) to (7), the statement under subsection (2) must be given before the tenancy is entered into.
Where a tenancy to which this section applies— the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the landlord acknowledges the tenant’s right to a tenancy.
arises by succession as mentioned in section 39(5), or
is an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3,
Where a tenancy becomes a tenancy to which this section applies by virtue of section 143C(3) of the Housing Act 1996 (demoted tenancies: change of landlord), the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the new landlord becomes the landlord under the tenancy.
In any other case where a tenancy becomes a tenancy to which this section applies, the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the tenancy becomes an assured tenancy.
Where a landlord has entered into a contract with a person which requires that person to ensure compliance with this section (whether or not this section is referred to individually), subsection (2) also applies to that person, as it applies to the landlord.
Regulations under this section—
may make different provision for different purposes;
are to be made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
A relevant person must not, in relation to an assured tenancy—
purport to let a dwelling-house on the tenancy for a fixed term (see section 4A),
purport to bring the tenancy to an end by service of a notice to quit (see section 5(1)),
purport to bring the tenancy to an end, or require that it is brought to an end, orally,
serve on the tenant a purported notice of possession,
rely on a ground in Schedule 2 where the person does not reasonably believe that the landlord is, will or may be able to obtain an order for possession on that ground, or
where the tenancy is one to which section 16D applies, rely on one or more of Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H, 6A or 18 in Schedule 2 if no statement was given to the tenant under section 16D(3) in respect of them.
Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, the landlord must not, within the restricted period—
let the dwelling-house on a tenancy for a term of 21 years or less, or
permit a person to occupy the dwelling-house—
under a licence to occupy, and
for monetary consideration.
Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, a relevant person in relation to that tenancy must not—
within the restricted period, market the dwelling-house to let on a tenancy for a term of 21 years or less,
within the restricted period, market the dwelling-house to be occupied—
under a licence to occupy, and
for monetary consideration,
authorise another person to market the dwelling-house to let on a tenancy for a term of 21 years or less, so far as the authorisation would allow that other person to market it within the restricted period, or
authorise another person to market the dwelling-house to be occupied— so far as the authorisation would allow that other person to market it within the restricted period.
under a licence to occupy, and
for monetary consideration,
Where a prohibition in subsection (2) or (3) applies to a person, it continues to apply to that person until the end of the restricted period, whether or not the tenancy continues during that period.
A breach of subsection (1)(f) does not prevent a court from making an order for possession of the dwelling-house on the ground in question (but see section 16I(1)(a)).
Section 16E(2) (prohibition on letting and licensing within restricted period) does not apply where—
the relevant person relies on Ground 1 and—
the tenant or licensee is a person mentioned in paragraphs (a) to (d) of that ground, or
a person mentioned in paragraphs (a) to (d) of Ground 1 also occupies the dwelling-house and does so as their only or principal home;
the relevant person relies on Ground 1A and—
the licensee has agreed to purchase the landlord’s interest in the dwelling-house and the licence to occupy is granted in anticipation of that purchase, or
the licensee has agreed to the landlord granting the licensee a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord, and the licence to occupy is granted in anticipation of the grant of that lease, or
Section 16E(3) (prohibition on marketing within restricted period) does not apply where the marketing is in connection with letting, or occupation under a licence, which is permitted as a result of subsection (1).
Subsection (4) applies where the relevant person relies on Ground 1A and—
before the assured tenancy was entered into, a relevant person had given the tenant under the assured tenancy (“T”) a written statement that the landlord under that tenancy (“L”) is a shared owner of the dwelling-house and that section 16E(2) or (3) might not apply to a subsequent letting, or grant of a licence, of the dwelling-house (because of this subsection and subsection (4)),
when the assured tenancy was entered into, L was a shared owner of the dwelling-house, and
before the date specified in the notice as mentioned in section 8(3)(b), a relevant person had given the landlord under the shared ownership lease of the dwelling-house a written statement that L intends to assign L’s interest under that shared ownership lease.
Section 16E(2) or (3) does not prohibit a relevant person from carrying out a controlled activity if—
before the relevant person carries out that activity—
the dwelling-house has been valued by a member of the Royal Institution of Chartered Surveyors in connection with the assignment of L’s interest under the shared ownership lease, or
L has advertised, or made an arrangement under which another person has advertised, that the dwelling-house is or may be available for acquisition by way of the assignment of L’s interest under the shared ownership lease, and
when the relevant person carries out that activity, L is a shared owner of the dwelling-house.
In subsections (3) and (4)—
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. In this Ground— This Ground applies only in relation to dwelling-houses in England.
the tenant or, in the case of joint tenants, one or more of them, or
one or more other persons aged 18 or over who are occupying the dwelling-house,
For the purposes of section 16E a person markets a dwelling-house to let on a tenancy when—
the person advertises that the dwelling-house is or may be available to let on a tenancy, or
in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available.
For the purposes of section 16E a person markets a dwelling-house to be occupied under a licence when—
the person advertises that the dwelling-house is or may be available to be occupied under a licence, or
in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available.
But subsections (1)(a) and (2)(a) do not apply in relation to a person who publishes an advertisement in the course of a business that does not involve lettings agency work if the advertisement has been provided by another person.
For the purposes of this section, “lettings agency work” means things done by a person in the course of a business in response to instructions received from—
a person (“a prospective landlord”) seeking to find another person to occupy a dwelling-house, or
a person (“a prospective occupier”) seeking to find a dwelling-house to occupy.
However, “lettings agency work” does not include any of the following things when done by a person who does nothing else within subsection (4)—
publishing advertisements or disseminating information;
providing a means by which a prospective landlord or a prospective occupier can, in response to an advertisement or dissemination of information, make direct contact with a prospective occupier or prospective landlord;
providing a means by which a prospective landlord and a prospective occupier can communicate directly with each other.
“Lettings agency work” also does not include things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Secretary of State.
Regulations under this section—
may make different provision for different purposes;
are to be made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Nothing in section 16D or 16E prevents a landlord from fulfilling or contravening an obligation through another person acting on their behalf.
A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt—
that the person contravened section 16D or any paragraph of section 16E(1) other than paragraph (e), or
that—
the person contravened paragraph (e) of section 16E(1), and
the tenant surrendered the tenancy within the period of four months beginning with the date of the contravention, without an order for possession of the dwelling-house being made.
Where a landlord fulfils the requirement in section 16D, a local housing authority may not impose a financial penalty on a person who contravenes section 16D only by virtue of subsection (8) of that section.
More than one penalty may be imposed on the same person in relation to a contravention of section 16D only if—
the contravention continues after the end of 28 days beginning with the day after that on which the previous penalty for the contravention was imposed, unless the person appeals against the decision to impose the penalty within that period, or
if the person appeals against that decision within that period, the contravention continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned.
Subsection (3) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.
Where a local housing authority has imposed a financial penalty on a person in relation to a contravention of paragraph (b) or (d) of section 16E(1), the local housing authority may not impose a financial penalty in relation to a contravention of the other of those two paragraphs arising from the same conduct.
The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £7,000.
Where— the local housing authority may impose a financial penalty under this section on the persons (or some of them) jointly, and if the local housing authority does so, the persons on whom the penalty is imposed are jointly and severally liable to pay it.
a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and
the contraventions in relation to which the local housing authority is so satisfied arise from the same conduct by one or more of the persons acting on behalf of the others,
No financial penalty may be imposed under this section in respect of any conduct if—
the person has been convicted of an offence under section 16J in respect of the conduct,
criminal proceedings under that section have been instituted against the person in respect of the conduct and the proceedings have not been concluded,
criminal proceedings under that section in respect of the conduct have been concluded and the person has not been convicted of the offence, or
a financial penalty has been imposed under section 16K in respect of that conduct.
The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.
Local housing authorities must have regard to any guidance issued under subsection (9).
For the purposes of this section and section 16J—
a financial penalty is imposed under this section or section 16K on the date specified in the final notice as the date on which the notice is given, and
“final notice” has the meaning given by paragraph 6 of Schedule 2ZA.
A relevant person is guilty of an offence if, in relation to an assured tenancy—
the person relies on a ground in Schedule 2, knowing that the landlord would not be able to obtain an order for possession on that ground, or being reckless as to whether the landlord would be able to do so, and
the tenant surrenders the tenancy within the period of four months beginning with the date the ground was relied on, without an order for possession of the dwelling-house being made.
A person is guilty of an offence if the person contravenes section 16E(2) or (3) but it is a defence for a person who contravenes section 16E(3) otherwise than as a landlord to show that they took all reasonable steps to avoid contravening it.
A person is guilty of an offence if—
a relevant penalty has been imposed on the person and the final notice imposing the penalty has not been withdrawn, and
the conduct in respect of which the penalty was imposed continues after the end of the period of 28 days beginning with—
the day after that on which the penalty was imposed on the person, or
if the person appeals against the final notice in respect of the penalty within that period, the day after that on which the appeal is finally determined, withdrawn or abandoned.
A person is guilty of an offence if—
the person conducts themselves in a manner giving rise to liability to a financial penalty under section 16I, and
within the period of five years ending with the day on which the conduct occurs—
a relevant penalty has been imposed on the person for different conduct and the final notice imposing the penalty has not been withdrawn, or
the person has been convicted of an offence under this section for different conduct.
In subsections (3) and (4) “relevant penalty” means a financial penalty which is imposed under section 16I or 16K where—
the period for bringing an appeal against the penalty under paragraph 10(2) of Schedule 2ZA has expired without an appeal being brought,
an appeal against the financial penalty under that paragraph has been withdrawn or abandoned, or
the final notice imposing the penalty has been confirmed or varied on appeal.
A person may not be convicted of an offence under subsection (1), (2) or (4) in respect of any conduct if a financial penalty has been imposed under section 16I or 16K in respect of that conduct.
Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.
Where an offence under subsection (2) committed by a body corporate is proved to be attributable to any neglect on the part of an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsections (7) and (8) apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate.
A person guilty of an offence under this section is liable on summary conviction to a fine.
A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person is guilty of an offence under section 16J.
No financial penalty may be imposed under this section in respect of any conduct if—
the person has been convicted of an offence under section 16J in respect of the conduct,
criminal proceedings under that section in respect of the conduct have been instituted against the person and the proceedings have not been concluded, or
criminal proceedings under that section in respect of the conduct have been concluded and the person has not been convicted of the offence.
The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £40,000.
Where— the local housing authority may impose a financial penalty under this section on the persons (or some of them) jointly, and if the local housing authority does so, the persons on whom the penalty is imposed are jointly and severally liable to pay it.
a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and
the offences in relation to which the local housing authority is so satisfied arise from the same conduct by one or more of the persons acting on behalf of the others,
The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.
Local housing authorities must have regard to any guidance issued under subsection (5).
The Secretary of State may give financial assistance (by way of grant, loan guarantee or in any other form) or make other payments to a local housing authority in respect of the local housing authority’s functions under or by virtue of sections 16I to 16K.
The Secretary of State may by regulations amend the amount specified in section 16I(6) or 16K(3) to reflect changes in the value of money.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 2ZA makes provision about—
the procedure for imposing financial penalties under sections 16I and 16K,
appeals against financial penalties under sections 16I and 16K,
enforcement of financial penalties under sections 16I and 16K, and
how local housing authorities are to deal with the proceeds of financial penalties under sections 16I and 16K.
In sections 16D to 16L, Schedule 2ZA and this section—
For the purposes of 16D to 16L a person relies on a ground in Schedule 2 in relation to a tenancy where the person—
serves on the tenant a notice under section 8, or a purported notice of possession, asserting that the landlord is, will or may be able to obtain an order for possession on that ground, or
having not done anything within paragraph (a) in relation to the ground, files a claim form or particulars of claim with the court, for the purpose of beginning proceedings for possession on that ground.
In section 16E “the restricted period” is to be read in accordance with subsections (4) to (7).
Subject to subsections (5) to (7) “the restricted period” means—
in relation to a relevant person relying on Ground 1 or 1A in a notice under section 8 or a purported notice of possession (see subsection (2)(a)), the period—
beginning with the date on which the notice or purported notice is served, and
ending with the last day of the period of twelve months beginning with the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin;
in relation to a relevant person relying on Ground 1 or 1A in a claim form or particulars of claim (see subsection (2)(b)), the period of twelve months beginning with the date on which the claim form or particulars of claim are filed with the court for the purpose of bringing proceedings for possession.
Where subsection (6) applies, the reference in subsection (4)(a)(ii) to the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin is to be read as a reference to the earliest date that could have been validly so specified in a notice under section 8, served on the same date, specifying Ground 1 or 1A alone.
This subsection applies—
where (because it also specifies Ground 7A or 14) a notice under section 8 specifies, as the earliest date on which proceedings for possession will begin, an earlier date than the earliest date that could have been validly so specified in a notice under section 8 specifying Ground 1 or 1A alone;
where a purported notice of possession—
does not specify a date as the earliest date on which proceedings will begin, or
specifies as the earliest date on which proceedings will begin a date that could not have been specified in a valid notice under section 8 served on the same date, specifying Ground 1 or 1A alone.
Where, before the end of the restricted period, the court makes an order for possession of the dwelling-house on a ground other than Ground 1 or 1A, the restricted period ends with the day on which the order is made.
Regulations under this section—
may make different provision for different purposes;
are to be made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies where—
an individual (the “guarantor”) is a party to an arrangement (the “guarantee”) under which the individual guarantees payment by the tenant of rent under an assured tenancy (“guaranteed rent”), and
the guarantor became a party to the guarantee on or after the commencement date.
If— the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the death of that person.
only one person is the tenant under the assured tenancy, and
that person dies,
If— the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the deaths of those persons (if they all die on the same day) or beginning with the death of the last of those persons to die (if they do not all die on the same day).
two or more persons are the tenant under the assured tenancy, and
all of those persons die,
If— the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the death of that family member.
two or more persons are the tenant under the assured tenancy,
the guarantor is a family member of only one of those persons, and
that family member of the guarantor dies,
If— the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the deaths of those family members (if they all die on the same day) or beginning with the death of the last of those family members to die (if they do not all die on the same day).
two or more persons are the tenant under the assured tenancy,
the guarantor is a family member of more than one of those persons, and
all of those family members of the guarantor die,
For the purposes of this section, the guaranteed rent for the period beginning with the death of a person, or with the deaths of two or more persons, is—
guaranteed rent which—
is for the rent period during which the person dies or persons die (the “relevant rent period”), and
is attributable to the time after the death of the person or persons, and
guaranteed rent for every rent period after the relevant rent period.
For that purpose, the guaranteed rent for the relevant rent period which is attributable to the time after the death of the person or persons is the amount calculated in accordance with this formula— where— D is the total number of days in the relevant rent period which fall on and after the day of the death of the person or persons; T is the total number of days in the relevant rent period; R is the guaranteed rent for the relevant rent period.
Section 16N applies to a guarantee—
whether or not it is in writing;
if it is in writing, whether or not it is in the lease;
whether or not it also guarantees the payment of any sum other than the rent.
In section 16N and this section—
For the purposes of section 16N, the guarantor is a family member of the following persons—
the spouse, civil partner or co-habitee of the guarantor;
a person who is— of the guarantor or of the spouse, civil partner or co-habitee of the guarantor;
a child,
a grandchild,
a parent,
a grandparent,
a sibling,
a niece or nephew,
an aunt or uncle, or
a cousin,
a person who is the spouse, civil partner or co-habitee of a person falling within paragraph (b).
If, in accordance with subsection (3), a person (F)— F is to be regarded as being a family member of the guarantor at all times afterwards (regardless of whether F continues to be so in accordance with subsection (3)).
is a family member of the guarantor when the guarantee is entered into, or
becomes a family member of the guarantor after the guarantee is entered into,
For the purposes of this section—
one person (C) is the “co-habitee” of another person (P) if P lives with C as if they were married or in a civil partnership;
a “niece or nephew” of a person (P) is a child—
of a sibling of P, or
of a person who is the spouse, civil partner or co-habitee of a sibling of P;
an “aunt or uncle” of a person (P) is a sibling of a parent of P;
a “cousin” of a person (P) is a child—
of an aunt or uncle of P, or
of a person who is the spouse, civil partner or co-habitee of an aunt or uncle of P;
“sibling” includes a sibling of the half-blood and a step-sibling.
Subject to subsection (3) below, an assured tenancy which is not one to which section 19A above applies is an assured shorthold tenancy if—
it is a fixed term tenancy granted for a term certain of not less than six months,
there is no power for the landlord to determine the tenancy at any time earlier than six months from the beginning of the tenancy; and
a notice in respect of it is served as mentioned in subsection (2) below.
The notice referred to in subsection (1)(c) above is one which—
is in such form as may be prescribed;
is served before the assured tenancy is entered into;
is served by the person who is to be the landlord under the assured tenancy on the person who is to be the tenant under that tenancy; and
states that the assured tenancy to which it relates is to be a shorthold tenancy.
Notwithstanding anything in subsection (1) above, where— the new tenancy cannot be an assured shorthold tenancy.
immediately before a tenancy (in this subsection referred to as “the new tenancy”) is granted, the person to whom it is granted or, as the case may be, at least one of the persons to whom it is granted was a tenant under an assured tenancy which was not a shorthold tenancy, and
the new tenancy is granted by the person who, immediately before the beginning of the tenancy, was the landlord under the assured tenancy referred to in paragraph (a) above,
Subject to subsection (5) below, if, on the coming to an end of an assured shorthold tenancy (including a tenancy which was an assured shorthold but ceased to be assured before it came to an end), a new tenancy of the same or substantially the same premises comes into being under which the landlord and the tenant are the same as at the coming to an end of the earlier tenancy, then, if and so long as the new tenancy is an assured tenancy, it shall be an assured shorthold tenancy, whether or not it fulfils the conditions in paragraphs (a) to (c) of subsection (1) above.
Subsection (4) above does not apply if, before the new tenancy is entered into (or, in the case of a statutory periodic tenancy, takes effect in possession), the landlord serves notice on the tenant that the new tenancy is not to be a shorthold tenancy.
In the case of joint landlords—
the reference in subsection (2)(c) above to the person who is to be the landlord is a reference to at least one of the persons who are to be joint landlords; and
the reference in subsection (5) above to the landlord is a reference to at least one of the joint landlords.
Subsections (3) and (4) above do not apply where the new tenancy is one to which section 19A above applies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An assured tenancy which— is an assured shorthold tenancy unless it falls within any paragraph in Schedule 2A to this Act.
is entered into on or after the day on which section 96 of the Housing Act 1996 comes into force (otherwise than pursuant to a contract made before that day), or
comes into being by virtue of section 5 above on the coming to an end of an assured tenancy within paragraph (a) above,
Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied—
that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than an assured shorthold periodic tenancy (whether statutory or not); and
the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice in writing stating that he requires possession of the dwelling-house.
A notice under paragraph (b) of subsection (1) above may be given before or on the day on which the tenancy comes to an end; and that subsection shall have effect notwithstanding that on the coming to an end of the fixed term tenancy a statutory periodic tenancy arises.
Subsection (1B) applies to an assured shorthold tenancy of a dwelling-house in England if—
it is a fixed term tenancy for a term certain of not less than two years, and
the landlord is a private registered provider of social housing.
Where a court makes an order for possession of a dwelling-house by virtue of subsection (1) above, any statutory periodic tenancy which has arisen on the coming to an end of the assured shorthold tenancy shall end (without further notice and regardless of the period) in accordance with section 5(1A).
The court may not make an order for possession of the dwelling-house let on the tenancy unless the landlord has given to 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 fixed term tenancy, and
informing the tenant of how to obtain help or advice about the notice and, in particular, of any obligation of the landlord to provide help or advice.
Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied—
that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice in writing stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and
that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above.
In the case of a dwelling-house in England, subsection (4)(a) above has effect with the omission of the requirement for the date specified in the notice to be the last day of a period of the tenancy.
Where a court makes an order for possession of a dwelling-house by virtue of subsection (4) above, the assured shorthold tenancy shall end in accordance with section 5(1A).
A notice under subsection (1) or (4) may not be given in relation to an assured shorthold tenancy of a dwelling-house in England—
in the case of a tenancy which is not a replacement tenancy, within the period of four months beginning with the day on which the tenancy began, and
in the case of a replacement tenancy, within the period of four months beginning with the day on which the original tenancy began.
Subsection (4B) does not apply where the tenancy has arisen due to section 5(2).
Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun after the end of the period of six months beginning with the date on which the notice was given under subsection (1) or (4).
Where— proceedings for an order for possession under this section may not be begun after the end of the period of four months beginning with the date specified in the notice.
a notice under subsection (4) has been given in relation to a dwelling-house in England, and
paragraph (b) of that subsection requires the date specified in the notice to be more than two months after the date the notice was given,
Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than—
in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and
in the case of a replacement tenancy, six months after the beginning of the original tenancy.
Subsection (5) above does not apply to an assured shorthold tenancy to which section 20B (demoted assured shorthold tenancies) applies.
In subsections (4B)(b) and (5)(b) above, the reference to the original tenancy is—
where the replacement tenancy came into being on the coming to an end of a tenancy which was not a replacement tenancy, to the immediately preceding tenancy, and
where there have been successive replacement tenancies, to the tenancy immediately preceding the first in the succession of replacement tenancies.
For the purposes of this section, a replacement tenancy is a tenancy—
which comes into being on the coming to an end of an assured shorthold tenancy, and
under which, on its coming into being—
the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and
the premises let are the same or substantially the same as those let under the earlier tenancy as at that time.
The Secretary of State may by regulations made by statutory instrument prescribe the form of a notice under subsection (1) or (4) given in relation to an assured shorthold tenancy of a dwelling-house in England.
A statutory instrument containing regulations made under subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament.
Subject to section 23 and subsection (2) below, the tenant under an assured shorthold tenancy . . . may make an application in the prescribed form to the appropriate tribunal for a determination of the rent which, in the appropriate tribunal’s opinion, the landlord might reasonably be expected to obtain under the assured shorthold tenancy.
No application may be made under this section if—
the rent payable under the tenancy is a rent previously determined under this section; . . .
the tenancy is an assured shorthold tenancy falling within subsection (4) of section 20 above (and, accordingly, is one in respect of which notice need not have been served as mentioned in subsection (2) of that section).
the tenancy is one to which section 19A above applies and more than six months have elapsed since the beginning of the tenancy or, in the case of a replacement tenancy, since the beginning of the original tenancy; or
Where an application is made to the appropriate tribunal under subsection (1) above with respect to the rent under an assured shorthold tenancy, the appropriate tribunal shall not make such a determination as is referred to in that subsection unless they consider—
that there is a sufficient number of similar dwelling-houses in the locality let on assured tenancies (whether shorthold or not); and
that the rent payable under the assured shorthold tenancy in question is significantly higher than the rent which the landlord might reasonably be expected to be able to obtain under the tenancy, having regard to the level of rents payable under the tenancies referred to in paragraph (a) above.
Where, on an application under this section, the appropriate tribunal make a determination of a rent for an assured shorthold tenancy—
the determination shall have effect from such date as the appropriate tribunal may direct, not being earlier than the date of the application;
if, at any time on or after the determination takes effect, the rent which, apart from this paragraph, would be payable under the tenancy exceeds the rent so determined, the excess shall be irrecoverable from the tenant; and
no notice may be served under section 13(2) above with respect to a tenancy of the dwelling-house in question until after the first anniversary of the date on which the determination takes effect.
Subsections (4), (5) and (8) of section 14 above apply in relation to a determination of rent under this section as they apply in relation to a determination under that section and, accordingly, where subsection (5) of that section applies, any reference in subsection (4)(b) above to rent is a reference to rent exclusive of the amount attributable to rates.
Where— the fact that it so ceases to be an assured shorthold tenancy shall, in relation to that application, be disregarded for the purposes of this section.
an assured tenancy ceases to be an assured shorthold tenancy by virtue of falling within paragraph 2 of Schedule 2A to this Act, and
at the time when it so ceases to be an assured shorthold tenancy there is pending before the appropriate tribunal an application in relation to it under this section,
In subsection (2)(aa) above, the references to the original tenancy and to a replacement tenancy shall be construed in accordance with subsections (6) and (7) respectively of section 21 above.
Subject to subsection (3) below, a tenant under an assured shorthold tenancy to which section 19A above applies may, by notice in writing, require the landlord under that tenancy to provide him with a written statement of any term of the tenancy which—
falls within subsection (2) below, and
is not evidenced in writing.
The following terms of a tenancy fall within this subsection, namely—
the date on which the tenancy began or, if it is a statutory periodic tenancy or a tenancy to which section 39(7) below applies, the date on which the tenancy came into being,
the rent payable under the tenancy and the dates on which that rent is payable,
any term providing for a review of the rent payable under the tenancy, and
in the case of a fixed term tenancy, the length of the fixed term.
No notice may be given under subsection (1) above in relation to a term of the tenancy if—
the landlord under the tenancy has provided a statement of that term in response to an earlier notice under that subsection given by the tenant under the tenancy, and
the term has not been varied since the provision of the statement referred to in paragraph (a) above.
A landlord who fails, without reasonable excuse, to comply with a notice under subsection (1) above within the period of 28 days beginning with the date on which he received the notice is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
A statement provided for the purposes of subsection (1) above shall not be regarded as conclusive evidence of what was agreed by the parties to the tenancy in question.
Where— subsection (1) above shall have effect in relation to it as if paragraph (b) related to the term of the tenancy from which it derives.
a term of a statutory periodic tenancy is one which has effect by virtue of section 5(3)(e) above, or
a term of a tenancy to which subsection (7) of section 39 below applies is one which has effect by virtue of subsection (6)(e) of that section,
In subsections (1) and (3) above—
references to the tenant under the tenancy shall, in the case of joint tenants, be taken to be references to any of the tenants, and
references to the landlord under the tenancy shall, in the case of joint landlords, be taken to be references to any of the landlords.
If the Secretary of State by order made by statutory instrument so provides, section 22 above shall not apply in such cases or to tenancies of dwelling-houses in such areas or in such other circumstances as may be specified in the order.
An order under this section may contain such transitional, incidental and supplementary provisions as appear to the Secretary of State to be desirable.
No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
An assured tenancy is an assured shorthold tenancy to which this section applies (a demoted assured shorthold tenancy) if—
the tenancy is created by virtue of an order of the court under section 82A of the Housing Act 1985 or section 6A of this Act (a demotion order), and
the landlord is a private registered provider of social housing or a registered social landlord.
At the end of the period of one year starting with the day when the demotion order takes effect a demoted assured shorthold tenancy ceases to be an assured shorthold tenancy unless subsection (3) applies, but see section 20C.
This subsection applies if before the end of the period mentioned in subsection (2) the landlord gives notice of proceedings for possession of the dwelling house.
If subsection (3) applies the tenancy continues to be a demoted assured shorthold tenancy until the end of the period mentioned in subsection (2) or (if later) until one of the following occurs—
the notice of proceedings for possession is withdrawn;
the proceedings are determined in favour of the tenant;
the period of six months beginning with the date on which the notice is given ends and no proceedings for possession have been brought.
Registered social landlord has the same meaning as in Part 1 of the Housing Act 1996.
Subsection (2) applies if—
section 20B applies to an assured shorthold tenancy of a dwelling-house in England (“the demoted tenancy”),
the landlord is a private registered provider of social housing,
the demoted tenancy was created by an order under section 6A made after the coming into force of section 163(2) of the Localism Act 2011,
the assured tenancy that was terminated by that order was an assured shorthold tenancy that, whether or not it was a fixed term tenancy when terminated by the order, was granted for a term certain of not less than two years,
apart from subsection (2), the demoted tenancy would cease to be an assured shorthold tenancy by virtue of section 20B(2) or (4), and
the landlord has served a notice within subsection (3) on the tenant before the demoted tenancy ceases to be an assured shorthold tenancy by virtue of section 20B(2) or (4).
The demoted tenancy does not cease to be an assured shorthold tenancy by virtue of section 20B(2) or (4), and at the time when it would otherwise cease to be an assured shorthold tenancy by virtue of section 20B(2) to (4)—
it becomes an assured shorthold tenancy which is a fixed term tenancy for a term certain, and
section 20B ceases to apply to it.
The notice must—
state that, on ceasing to be a demoted assured shorthold tenancy, the tenancy will become an assured shorthold tenancy which is a fixed term tenancy for a term certain of the length specified in the notice,
specify a period of at least two years as the length of the term of the tenancy, and
set out the other express terms of the tenancy.
Where an assured shorthold tenancy becomes a fixed term tenancy by virtue of subsection (2)—
the length of its term is that specified in the notice under subsection (3), and
its other express terms are those set out in the notice.
An assured tenancy that arises by virtue of a notice under paragraph 12ZA(2) of Schedule 1 in respect of a family intervention tenancy is an assured shorthold tenancy if—
the landlord under the assured tenancy is a private registered provider of social housing,
the dwelling-house is in England,
the family intervention tenancy was granted to a person on the coming to an end of an assured shorthold tenancy under which the person was a tenant, and
the notice states that the family intervention tenancy is to be regarded as an assured shorthold tenancy.
This section does not apply if the family intervention tenancy was granted before the coming into force of section 163(3) of the Localism Act 2011.
A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a prescribed requirement.
The requirements that may be prescribed are requirements imposed on landlords by any enactment and which relate to—
the condition of dwelling-houses or their common parts,
the health and safety of occupiers of dwelling-houses, or
the energy performance of dwelling-houses.
In subsection (2) “ enactment ” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.
For the purposes of subsection (2)(a) “ common parts ” has the same meaning as in Ground 13 in Part 2 of Schedule 2.
A statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may by regulations require information about the rights and responsibilities of a landlord and a tenant under an assured shorthold tenancy of a dwelling-house in England (or any related matters) to be given by a landlord under such a tenancy, or a person acting on behalf of such a landlord, to the tenant under such a tenancy.
Regulations under subsection (1) may—
require the information to be given in the form of a document produced by the Secretary of State or another person,
provide that the document to be given is the version that has effect at the time the requirement applies, and
specify cases where the requirement does not apply.
A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a requirement imposed by regulations under subsection (1).
A statutory instrument containing regulations made under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
A tenant under an assured shorthold tenancy of a dwelling-house in England is entitled to a repayment of rent from the landlord where—
as a result of the service of a notice under section 21 the tenancy is brought to an end before the end of a period of the tenancy,
the tenant has paid rent in advance for that period, and
the tenant was not in occupation of the dwelling-house for one or more whole days of that period.
The amount of repayment to which a tenant is entitled under subsection (1) is to be calculated in accordance with the following formula— where— R is the rent paid for the final period; D is the number of whole days of the final period for which the tenant was not in occupation of the dwelling-house; and P is the number of whole days in that period.
If the repayment of rent described in subsections (1) and (2) has not been made when the court makes an order for possession under section 21, the court must order the landlord to repay the amount of rent to which the tenant is entitled.
Nothing in this section affects any other right of the tenant to a repayment of rent from the landlord.
A tenancy or licence of a dwelling-house is for the purposes of this Part of this Act an “assured agricultural occupancy” if—
it is of a description specified in subsection (2) below; and
by virtue of any provision of Schedule 3 to this Act the agricultural worker condition is for the time being fulfilled with respect to the dwelling-house subject to the tenancy or licence.
The following are the tenancies and licences referred to in subsection (1)(a) above—
an assured tenancy which is not an assured shorthold tenancy;
a tenancy which does not fall within paragraph (a) above by reason only of paragraph 3 , 3A, 3B or paragraph 7 of Schedule 1 to this Act (or more than one of those paragraphs) and is not an excepted tenancy; and
a licence under which a person has the exclusive occupation of a dwelling-house as a separate dwelling and which, if it conferred a sufficient interest in land to be a tenancy, would be a tenancy falling within paragraph (a) or paragraph (b) above.
Subsection (1) has effect subject to section 24A(1) (opting out).
For the purposes of Chapter I above and the following provisions of this Chapter, every assured agricultural occupancy which is not an assured tenancy shall be treated as if it were such a tenancy , and every opted-out tenancy, is to be treated as if it were an assured tenancy and any reference to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly; but the provisions of Chapter I above shall have effect in relation to every assured agricultural occupancy subject to the provisions of this Chapter.
Section 14 above shall apply in relation to an assured agricultural occupancy as if in subsection (1) of that section the reference to an assured tenancy were a reference to an assured agricultural occupancy.
For the purposes of subsection (2)(b) above, a tenancy is an excepted tenancy if it is—
a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 in relation to which that Act applies, or
a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995
If a statutory periodic tenancy arises on the coming to an end of an assured agricultural occupancy—
it shall be an assured agricultural occupancy as long as, by virtue of any provision of Schedule 3 to this Act, the agricultural worker condition is for the time being fulfilled with respect to the dwelling-house in question; and
if no rent was payable under the assured agricultural occupancy which constitutes the fixed term tenancy referred to in subsection (2) of section 5 above, subsection (3)(d) of that section shall apply as if for the words “the same as those for which rent was last payable under” there were substituted “monthly beginning on the day following the coming to an end of”.
In its application to an assured agricultural occupancy, Part II Part 1 of Schedule 2 to this Act shall have effect with the omission of Ground 16 Grounds 2ZA to 2ZD, 5A and 5C.
In its application to an assured agricultural occupancy, Part III of Schedule 2 to this Act shall have effect as if any reference in paragraph 2 to an assured tenancy included a reference to an assured agricultural occupancy.
If the tenant under an assured agricultural occupancy gives notice to terminate his employment then, notwithstanding anything in any agreement or otherwise, that notice shall not constitute a notice to quit as respects the assured agricultural occupancy.
Nothing in subsection (4) above affects the operation of an actual notice to quit given in respect of an assured agricultural occupancy.
A tenancy that would otherwise be an assured agricultural occupancy for the purposes of this Part is not such an occupancy for those purposes if—
before the tenancy is entered into, an opt-out notice (see subsection (2)) is served by the person who is to be the landlord on the person who is to be the tenant, and
the tenancy is not the continuation of an existing occupancy (see subsection (3)).
An opt-out notice is a notice, in such form as may be prescribed, stating that the tenancy is not to be an assured agricultural occupancy.
A tenancy is the continuation of an existing occupancy if—
the person to whom the tenancy is granted or, as the case may be, at least one of the persons to whom it is granted was, immediately before it was granted, a tenant under an assured agricultural occupancy, and
the person by whom it is granted or, as the case may be, at least one of the persons by whom it is granted was, immediately before it was granted, a landlord under the assured agricultural occupancy referred to in paragraph (a).
In this Chapter “opted-out tenancy” means a tenancy that, but for this section, would be an assured agricultural occupancy.
In section 27 of the Rent (Agriculture) Act 1976 (rehousing: applications to housing authority)—
in subsection (1)(a) after “statutory tenancy” there shall be inserted “ “or an assured agricultural occupancy ”; and
at the end of subsection (3) there shall be added “ “and assured agricultural occupancy has the same meaning as in Chapter III of Part I of the Housing Act 1988 ”.
This section applies if, at any time after 9th June 1988, a landlord (in this section referred to as “the landlord in default”) or any person acting on behalf of the landlord in default unlawfully deprives the residential occupier of any premises of his occupation of the whole or part of the premises.
This section also applies if, at any time after 9th June 1988, a landlord (in this section referred to as “the landlord in default”) or any person acting on behalf of the landlord in default— and, as a result, the residential occupier gives up his occupation of the premises as a residence.
attempts unlawfully to deprive the residential occupier of any premises of his occupation of the whole or part of the premises, or
knowing or having reasonable cause to believe that the conduct is likely to cause the residential occupier of any premises— does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence,
to give up his occupation of the premises or any part thereof, or
to refrain from exercising any right or pursuing any remedy in respect of the premises or any part thereof,
Subject to the following provisions of this section, where this section applies, the landlord in default shall, by virtue of this section, be liable to pay to the former residential occupier, in respect of his loss of the right to occupy the premises in question as his residence, damages assessed on the basis set out in section 28 below.
Any liability arising by virtue of subsection (3) above—
shall be in the nature of a liability in tort; and
subject to subsection (5) below, shall be in addition to any liability arising apart from this section (whether in tort, contract or otherwise).
Nothing in this section affects the right of a residential occupier to enforce any liability which arises apart from this section in respect of his loss of the right to occupy premises as his residence; but damages shall not be awarded both in respect of such a liability and in respect of a liability arising by virtue of this section on account of the same loss.
No liability shall arise by virtue of subsection (3) above if— and, for the purposes of paragraph (a) above, proceedings to enforce a liability are finally disposed of on the earliest date by which the proceedings (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if any appeal is abandoned, the proceedings shall be taken to be disposed of on the date of the abandonment.
before the date on which proceedings to enforce the liability are finally disposed of, the former residential occupier is reinstated in the premises in question in such circumstances that he becomes again the residential occupier of them; or
at the request of the former residential occupier, a court makes an order (whether in the nature of an injunction or otherwise) as a result of which he is reinstated as mentioned in paragraph (a) above;
If, in proceedings to enforce a liability arising by virtue of subsection (3) above, it appears to the court— the court may reduce the amount of damages which would otherwise be payable to such amount as it thinks appropriate.
that, prior to the event which gave rise to the liability, the conduct of the former residential occupier or any person living with him in the premises concerned was such that it is reasonable to mitigate the damages for which the landlord in default would otherwise be liable, or
that, before the proceedings were begun, the landlord in default offered to reinstate the former residential occupier in the premises in question and either it was unreasonable of the former residential occupier to refuse that offer or, if he had obtained alternative accommodation before the offer was made, it would have been unreasonable of him to refuse that offer if he had not obtained that accommodation,
In proceedings to enforce a liability arising by virtue of subsection (3) above, it shall be a defence for the defendant to prove that he believed, and had reasonable cause to believe—
that the residential occupier had ceased to reside in the premises in question at the time when he was deprived of occupation as mentioned in subsection (1) above or, as the case may be, when the attempt was made or the acts were done as a result of which he gave up his occupation of those premises; or
that, where the liability would otherwise arise by virtue only of the doing of acts or the withdrawal or withholding of services, he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.
In this section—
“residential occupier”, in relation to any premises, has the same meaning as in section 1 of the 1977 Act;
“the right to occupy”, in relation to a residential occupier, includes any restriction on the right of another person to recover possession of the premises in question;
“landlord”, in relation to a residential occupier, means the person who, but for the occupier’s right to occupy, would be entitled to occupation of the premises and any superior landlord under whom that person derives title;
“former residential occupier”, in relation to any premises, means the person who was the residential occupier until he was deprived of or gave up his occupation as mentioned in subsection (1) or subsection (2) above (and, in relation to a former residential occupier, “the right to occupy” and “landlord” shall be construed accordingly).
The basis for the assessment of damages referred to in section 27(3) above is the difference in value, determined as at the time immediately before the residential occupier ceased to occupy the premises in question as his residence, between—
the value of the interest of the landlord in default determined on the assumption that the residential occupier continues to have the same right to occupy the premises as before that time; and
the value of that interest determined on the assumption that the residential occupier has ceased to have that right.
In relation to any premises, any reference in this section to the interest of the landlord in default is a reference to his interest in the building in which the premises in question are comprised (whether or not that building contains any other premises) together with its curtilage.
For the purposes of the valuations referred to in subsection (1) above, it shall be assumed—
that the landlord in default is selling his interest on the open market to a willing buyer;
that neither the residential occupier nor any member of his family wishes to buy; and
that it is unlawful to carry out any substantial development of any of the land in which the landlord’s interest subsists or to demolish the whole or part of any building on that land.
In this section “the landlord in default” has the same meaning as in section 27 above and subsection (9) of that section applies in relation to this section as it applies in relation to that.
Section 113 of the Housing Act 1985 (meaning of “members of a person’s family”) applies for the purposes of subsection (3)(b) above.
The reference in subsection (3)(c) above to substantial development of any of the land in which the landlord’s interest subsists is a reference to any development other than— and in this subsection “general development order”has the meaning given in section 56(6) of the Town and Country Planning Act 1990 and other expressions have the same meaning as in that Act.
development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted; or
a change of use resulting in the building referred to in subsection (2) above or any part of it being used as, or as part of, one or more dwelling-houses;
In section 1 of the 1977 Act (unlawful eviction and harassment of occupier), with respect to acts done after the commencement of this Act, subsection (3) shall have effect with the substitution, for the word “calculated”, of the word “likely”.
After that subsection there shall be inserted the following subsections—
In section 3 of the 1977 Act (prohibition of eviction without due process of law), in subsection (1) for the words “not a statutorily protected tenancy” there shall be substituted “neither a statutorily protected tenancy nor an excluded tenancy”.
After subsection (2A) of that section there shall be inserted the following subsections—
In section 4 of the 1977 Act (special provisions for agricultural employees) after subsection (2) there shall be inserted the following subsection—
After section 3 of the 1977 Act there shall be inserted the following section—
In section 5 of the 1977 Act (validity of notices to quit) at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1B) below”.
After subsection (1) of that section there shall be inserted the following subsections—
In this Chapter “the 1977 Act” means the Protection from Eviction Act 1977.
In section 8 of the 1977 Act (interpretation) at the end of subsection (1) (statutory protected tenancy) there shall be inserted—
At the end of that section there shall be added the following subsections—
A tenancy which is entered into on or after the commencement of this Act cannot be a protected tenancy, unless—
it is entered into in pursuance of a contract made before the commencement of this Act; or
it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was a protected or statutory tenant and is so granted by the person who at that time was the landlord (or one of the joint landlords) under the protected or statutory tenancy; or
it is granted to a person (alone or jointly with others) in the following circumstances—
prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in section 98(1)(a) of, or Case 1 in Schedule 16 to, the Rent Act 1977 or Case 1 in Schedule 4 to the Rent (Agriculture) Act 1976 (suitable alternative accommodation available); and
the tenancy is of the premises which constitute the suitable alternative accommodation as to which the court was so satisfied; and
in the proceedings for possession the court considered that, in the circumstances, the grant of an assured tenancy would not afford the required security and, accordingly, directed that the tenancy would be a protected tenancy; or
it is a tenancy under which the interest of the landlord was at the time the tenancy was granted held by the Commission for the New Towns or a development corporation, within the meaning of section 80 of the Housing Act 1985, and, before the date which has effect by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 38 below, ceased to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981
In subsection (1)(b) above “protected tenant” and “statutory tenant” do not include— and in this subsection “protected shorthold tenancy” includes a tenancy which, in proceedings for possession under Case 19 in Schedule 15 to the Rent Act 1977, is treated as a protected shorthold tenancy.
a tenant under a protected shorthold tenancy;
a protected or statutory tenant of a dwelling-house which was let under a protected shorthold tenancy which ended before the commencement of this Act and in respect of which at that commencement either there has been no grant of a further tenancy or any grant of a further tenancy has been to the person who, immediately before the grant, was in possession of the dwelling-house as a protected or statutory tenant;
In any case where— the tenancy shall be an assured shorthold tenancy (whether or not , in the case of a tenancy to which the provision applies, it fulfils the conditions in section 20(1) above) unless, before the tenancy is entered into, the landlord serves notice on the tenant that it is not to be a shorthold tenancy.
by virtue of subsections (1) and (2) above, a tenancy entered into on or after the commencement of this Act is an assured tenancy, but
apart from subsection (2) above, the effect of subsection (1)(b) above would be that the tenancy would be a protected tenancy, and
the landlord and the tenant under the tenancy are the same as at the coming to an end of the protected or statutory tenancy which, apart from subsection (2) above, would fall within subsection (1)(b) above,
A licence or tenancy which is entered into on or after the commencement of this Act cannot be a relevant licence or relevant tenancy for the purposes of the Rent (Agriculture) Act 1976 (in this subsection referred to as “the 1976 Act”) unless—
it is entered into in pursuance of a contract made before the commencement of this Act; or
it is granted to a person (alone or jointly with others) who, immediately before the licence or tenancy was granted, was a protected occupier or statutory tenant, within the meaning of the 1976 Act, and is so granted by the person who at that time was the landlord or licensor (or one of the joint landlords or licensors) under the protected occupancy or statutory tenancy in question.
Except as provided in subsection (4) above, expressions used in this section have the same meaning as in the Rent Act 1977.
In this section “housing association tenancy” has the same meaning as in Part VI of the Rent Act 1977.
A tenancy which is entered into on or after the commencement of this Act cannot be a housing association tenancy unless—
it is entered into in pursuance of a contract made before the commencement of this Act; or
it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was a tenant under a housing association tenancy and is so granted by the person who at that time was the landlord under that housing association tenancy; or
it is granted to a person (alone or jointly with others) in the following circumstances—
prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 84 of the Housing Act 1985; and
the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and
in the proceedings for possession the court directed that the tenancy would be a housing association tenancy; or
it is a tenancy under which the interest of the landlord was at the time the tenancy was granted held by the Commission for the New Towns or a development corporation, within the meaning of section 80 of the Housing Act 1985, and, before the date which has effect by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 38 below, ceased to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981
Where, on or after the commencement of this Act, a private registered provider of social housing or a registered social lanlord, within the meaning of the Housing Act 1985 (see section 5(4) and (5) of the Act), grants a secure tenancy or a secure contract pursuant to an obligation under section 554(2A) of the Housing Act 1985 (as set out in Schedule 17 to this Act) then, in determining whether that tenancy is a housing association tenancy, it shall be assumed for the purposes only of section 86(2)(b) of the Rent Act 1977 (tenancy would be a protected tenancy but for section 15 or 16 of that Act) that the tenancy was granted before the commencement of this Act.
Subject to section 38(4A) below a tenancy or licence which is entered into on or after the commencement of this Act cannot be a secure tenancy unless—
the interest of the landlord belongs to a local authority, a development corporation or an urban development corporation, all within the meaning of section 80 of the Housing Act 1985 or a housing action trust established under Part III of this Act; or
the interest of the landlord belongs to a housing co-operative within the meaning of section 27B of the Housing Act 1985 (agreements between local housing authorities and housing co-operatives) and the tenancy or licence is of a dwelling-house comprised in a housing co-operative agreement falling within that section; or
the interest of the landlord belongs to a Mayoral development corporation; or
it is entered into in pursuance of a contract made before the commencement of this Act; or
it is granted to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant and is so granted by the body which at that time was the landlord or licensor under the secure tenancy; or
the interest of the landlord belongs to the Homes and Communities Agency, the Greater London Authority or the Welsh Ministers and the tenancy or licence falls within section 80(2A) to (2E) of the Housing Act 1985; or
it is granted to a person (alone or jointly with others) in the following circumstances—
prior to the grant of the tenancy or licence, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 84 of the Housing Act 1985; and
the tenancy or licence is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and
in the proceedings for possession the court considered that, in the circumstances, the grant of an assured tenancy would not afford the required security and, accordingly, directed that the tenancy or licence would be a secure tenancy; or
it is granted pursuant to an obligation under section 554(2A) of the Housing Act 1985 (as set out in Schedule 17 to this Act).
If, on or after the commencement of this Act, the interest of the landlord under a protected or statutory tenancy becomes held by a housing association, a housing trust or the Regulator of Social Housingor, where that interest becomes held by him as the result of the exercise by him of functions under Part III of the Housing Association Act 1985, the Secretary of State, nothing in the preceding provisions of this section shall prevent the tenancy from being a housing association tenancy or a secure tenancy and, accordingly, in such a case section 80 of the Housing Act 1985 (and any enactment which refers to that section) shall have effect without regard to the repeal of provisions of that section effected by this Act.
In subsection (5) above “housing association” and “housing trust” have the same meaning as in the Housing Act 1985.
A tenancy or other contract entered into after the commencement of this Act cannot be a restricted contract for the purposes of the Rent Act 1977 unless it is entered into in pursuance of a contract made before the commencement of this Act.
If the terms of a restricted contract are varied after this Act comes into force then, subject to subsection (3) below,—
if the variation affects the amount of the rent which, under the contract, is payable for the dwelling in question, the contract shall be treated as a new contract entered into at the time of the variation (and subsection (1) above shall have effect accordingly); and
if the variation does not affect the amount of the rent which, under the contract, is so payable, nothing in this section shall affect the determination of the question whether the variation is such as to give rise to a new contract.
Any reference in subsection (2) above to a variation affecting the amount of the rent which, under a contract, is payable for a dwelling does not include a reference to—
a reduction or increase effected under section 78 of the Rent Act 1977 (power of appropriate tribunal); or
a variation which is made by the parties and has the effect of making the rent expressed to be payable under the contract the same as the rent for the dwelling which is entered in the register under section 79 of the Rent Act 1977.
In subsection (1) of section 81A of the Rent Act 1977 (cancellation of registration of rent relating to a restricted contract) paragraph (a) (no cancellation until two years have elapsed since the date of the entry) shall cease to have effect.
In this section “rent” has the same meaning as in Part V of the Rent Act 1977.
A tenancy which is entered into on or after the commencement of this Act cannot be an assured tenancy for the purposes of sections 56 to 58 of the Housing Act 1980 (in this section referred to as a “1980 Act tenancy”).
In any case where— section 1(3) of this Act shall not apply to the 1980 Act tenancy.
before the commencement of this Act, a tenant under a 1980 Act tenancy made an application to the court under section 24 of the Landlord and Tenant Act 1954 (for the grant of a new tenancy), and
at the commencement of this Act the 1980 Act tenancy is continuing by virtue of that section or of any provision of Part IV of the said Act of 1954,
If, in a case falling within subsection (2) above, the court makes an order for the grant of a new tenancy under section 29 of the Landlord and Tenant Act 1954, that tenancy shall be an assured tenancy for the purposes of this Act.
In any case where— the contract shall have effect as a contract for the grant of an assured tenancy (within the meaning of this Act).
before the commencement of this Act a contract was entered into for the grant of a 1980 Act tenancy, but
at the commencement of this Act the tenancy had not been granted,
In relation to an assured tenancy falling within subsection (3) above or granted pursuant to a contract falling within subsection (4) above, Part I of Schedule 1 to this Act shall have effect as if it consisted only of paragraphs 11 and 12; and, if the landlord granting the tenancy is a fully mutual housing association, then, so long as that association remains the landlord under that tenancy (and under any statutory periodic tenancy which arises on the coming to an end of that tenancy), the said paragraph 12 shall have effect in relation to that tenancy with the omission of sub-paragraph (1)(h).
Any reference in this section to a provision of the Landlord and Tenant Act 1954 is a reference only to that provision as applied by section 58 of the Housing Act 1980.
Nothing in this section that purports to grant an assured tenancy, or purports to grant a contract for the grant of an assured tenancy, applies to a dwelling-house in Wales (see section 240 of the Renting Homes (Wales) Act 2016 (anaw 1) for provision about the conversion of existing tenancies to occupation contracts, and section 241 for provision about pre-existing contracts).
The provisions of subsection (3) below apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this Act if,—
at that commencement or, if it is later, at the time it is entered into, the interest of the landlord is held by a public body (within the meaning of subsection (5) below); and
at some time after that commencement, the interest of the landlord ceases to be so held.
The provisions of subsection (3) below also apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this Act if,—
at the commencement of this Act or, if it is later, at the time it is entered into, it is a housing association tenancy; and
at some time after that commencement, it ceases to be such a tenancy.
Subject to subsections (4) (4ZA), (4A), (4BA) and (4B), below on and after the time referred to in subsection (1)(b) or, as the case may be, subsection (2)(b) above—
the tenancy shall not be capable of being a protected tenancy, a protected occupancy or a housing association tenancy;
the tenancy shall not be capable of being a secure tenancy unless (and only at a time when) the interest of the landlord under the tenancy is (or is again) held by a public body; and
paragraph 1 of Schedule 1 to this Act shall not apply in relation to it, and the question whether at any time thereafter it becomes (or remains) an assured tenancy shall be determined accordingly.
In relation to a tenancy under which, at the commencement of this Act or, if it is later, at the time the tenancy is entered into, the interest of the landlord is held by the Commission for the New Towns or a development corporation, within the meaning of section 80 of the Housing Act 1985 and which subsequently ceases to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981, subsections (1) and (3) above shall have effect as if any reference in subsection (1) above to the commencement of this Act were a reference to—
the date on which expires the period of two years beginning on the day this Act is passed; or
if the Secretary of State by order made by statutory instrument within that period so provides, such other date (whether earlier or later) as may be specified by the order for the purposes of this subsection.
For the purposes of this section, the interest of a landlord under a tenancy is held by a public body at a time when—
it belongs to a local authority, a development corporation or an urban development corporation, all within the meaning of section 80 of the Housing Act 1985 or to the English new towns residuary body; or
it belongs to a housing action trust established under Part III of this Act; or
it belongs to a Mayoral development corporation; or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
it belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department.
In relation to any time on or after the coming into force of this subsection, subsection (4) applies as if—
the references to the Commission for the New Towns were references to the new towns residuary body;
in the case of a disposal by the English new towns residuary body, the reference to section 37 of the New Towns Act 1981 were a reference to section 47 of the Housing and Regeneration Act 2008; and
in the case of a disposal by the Welsh new towns residuary body, the words “made pursuant to a direction under section 37 of the New Towns Act 1981” were omitted.
In this section—
“housing association tenancy” means a tenancy to which Part VI of the Rent Act 1977 applies;
“protected tenancy” has the same meaning as in that Act; and
“protected occupancy” has the same meaning as in the Rent (Agriculture) Act 1976.
Where, by virtue of a disposal falling within subsection (4) above and made before the date which has effect by virtue of paragraph (a) or paragraph (b) of that subsection, the interest of the landlord under a tenancy passes to a private registered provider of social housing or a registered social landlord (within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act)), then, notwithstanding anything in subsection (3) above, so long as the tenancy continues to be held by a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made, the tenancy shall continue to be a secure tenancy or a secure contract and to be capable of being a housing association tenancy.
Where, by virtue of a disposal by the Secretary of State made in the exercise by him of functions under Part III of the Housing Associations Act 1985, the interest of the landlord under a secure tenancy or a secure contract passes to a registered social landlord (within the meaning of the Housing Act 1985) then, notwithstanding anything in subsection (3) above, so long as the tenancy continues to be held by a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made, the tenancy shall continue to be a secure tenancy or secure contract and to be capable of being a housing association tenancy.
The references in subsections (4A) and (4B) to a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made includes a reference to the new towns residuary body.
In this section “ new towns residuary body ” means—
in relation to times before the coming into force of this subsection, the Commission for the New Towns; and
in relation to other times—
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 2008 or the Greater London Authority so far as exercising its new towns and urban development functions (and any reference to the English new towns residuary body shall be construed accordingly); 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 (and any reference to the Welsh new towns residuary body shall be construed accordingly).
In section 2(1)(b) of the Rent Act 1977 (which introduces the provisions of Part I of Schedule 1 to that Act relating to statutory tenants by succession) after the words “statutory tenant of a dwelling-house” there shall be inserted “or, as the case may be, is entitled to an assured tenancy of a dwelling-house by succession”.
Where the person who is the original tenant, within the meaning of Part I of Schedule 1 to the Rent Act 1977, dies after the commencement of this Act, that Part shall have effect subject to the amendments in Part I of Schedule 4 to this Act.
Where subsection (2) above does not apply but the person who is the first successor, within the meaning of Part I of Schedule 1 to the Rent Act 1977, dies after the commencement of this Act, that Part shall have effect subject to the amendments in paragraphs 5 to 9 of Part I of Schedule 4 to this Act.
In any case where the original occupier, within the meaning of section 4 of the Rent (Agriculture) Act 1976 (statutory tenants and tenancies) dies after the commencement of this Act, that section shall have effect subject to the amendments in Part II of Schedule 4 to this Act.
In any case where, by virtue of any provision of— a person (in the following provisions of this section referred to as “the successor”) becomes entitled to an assured tenancy of a dwelling-house by succession, that tenancy shall be a periodic tenancy arising by virtue of this section.
Part I of Schedule 1 to the Rent Act 1977, as amended in accordance with subsection (2) or subsection (3) above, or
section 4 of the Rent (Agriculture) Act 1976, as amended in accordance with subsection (4) above,
Where, by virtue of subsection (5) above, the successor becomes entitled to an assured periodic tenancy, that tenancy is one— and in paragraphs (b) to (e) above “under his tenancy”, in relation to the predecessor, means under his protected tenancy or protected occupancy or in his capacity as a statutory tenant.
taking effect in possession immediately after the death of the protected or statutory tenant or protected occupier (in the following provisions of this section referred to as “the predecessor”) on whose death the successor became so entitled;
deemed to have been granted to the successor by the person who, immediately before the death of the predecessor, was the landlord of the predecessor under his tenancy;
under which the premises which are let are the same dwelling-house as, immediately before his death, the predecessor occupied under his tenancy;
under which the periods of the tenancy are the same as those for which rent was last payable by the predecessor under his tenancy (but this is subject to section 4A);
under which, subject to sections 13 to 15 sections 13 to 16B above, the other terms are the same as those on which, under his tenancy, the predecessor occupied the dwelling-house immediately before his death; and
which, for the purposes of section 13(2) above, is treated as a statutory periodic tenancy;
If, immediately before the death of the predecessor, the landlord might have recovered possession of the dwelling-house under Case 19 in Schedule 15 to the Rent Act 1977, the assured periodic tenancy to which the successor becomes entitled shall be an assured shorthold tenancy (whether or not , in the case of a tenancy to which the provision applies it fulfils the conditions in section 20(1) above).
If, immediately before his death, the predecessor was a protected occupier or statutory tenant within the meaning of the Rent (Agriculture) Act 1976, the assured periodic tenancy to which the successor becomes entitled shall be an assured agricultural occupancy (whether or not it fulfils the conditions in section 24(1) above) ; and section 24A does not apply in relation to the assured tenancy to which the successor becomes entitled.
Where, immediately before his death, the predecessor was a tenant under a fixed term tenancy, section 6 above shall apply in relation to the assured periodic tenancy to which the successor becomes entitled on the predecessor’s death subject to the following modifications—
for any reference to a statutory periodic tenancy there shall be substituted a reference to the assured periodic tenancy to which the successor becomes so entitled;
in subsection (1) of that section, paragraph (a) shall be omitted and the reference in paragraph (b) to section 5(3)(e) above shall be construed as a reference to subsection (6)(e) above; and
for any reference to the coming to an end of the former tenancy there shall be substituted a reference to the date of the predecessor’s death.
If and so long as a dwelling-house is subject to an assured tenancy to which the successor has become entitled by succession, section 7 above and Schedule 2 to this Act shall have effect subject to the modifications in Part III of Schedule 4 to this Act; and in that Part “the predecessor” and “the successor” have the same meaning as in this section.
Where, immediately before the predecessor’s death, the predecessor was a tenant under a fixed term tenancy (the “former tenancy”), the following provisions of this subsection apply in relation to the assured tenancy to which the successor becomes entitled on the predecessor’s death (the “new tenancy”)—
not later than the first anniversary of the date of the predecessor’s death, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form (a “notice of variation”)—
proposing terms of the new tenancy, other than terms as to the amount of the rent, that are different from the terms which have effect by virtue of subsection (6)(e) (the “implied terms”), and
if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms;
where a notice of variation has been served under paragraph (a)—
within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under paragraph (c), and
if the notice is not so referred, then, with effect from such date, not falling within the period referred to in sub-paragraph (i), as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed;
where a notice of variation is referred to the appropriate tribunal, the appropriate tribunal must consider the terms proposed in the notice and must determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal’s opinion, might reasonably be expected to be found in an assured tenancy of the dwelling-house concerned, being a tenancy—
which begins on the date of the predecessor’s death, and
which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the new tenancy at the time of the appropriate tribunal’s consideration;
whether or not a notice of variation proposes an adjustment of the amount of the rent under the former tenancy, where the appropriate tribunal determine any terms under paragraph (c), they must, if they consider it appropriate, specify such an adjustment to take account of the terms so determined;
in making a determination underparagraph (c), or specifying an adjustment of an amount of rent under paragraph (d), there must be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant;
where a notice of variation is referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct— but for the purposes of sub-paragraph (ii) the appropriate tribunal must not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice of variation;
the terms determined by the appropriate tribunal become terms of the new tenancy in substitution for any of the implied terms dealing with the same subject matter, and
the amount of the rent under the statutory periodic tenancy is altered to accord with any adjustment specified by the appropriate tribunal;
nothing in this section requires the appropriate tribunal to continue with a determination under paragraph (c) if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.
The county court shall have jurisdiction to hear and determine any question arising under any provision of— other than a question falling within the jurisdiction of the appropriate tribunal by virtue of any such provision.
Chapters I to III and V above, or
sections 27 and 28 above,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where any proceedings under any provision mentioned in subsection (1) above are being taken in the county court, the court shall have jurisdiction to hear and determine any other proceedings joined with those proceedings, notwithstanding that, apart from this subsection, those other proceedings would be outside the court’s jurisdiction.
If any person takes any proceedings under any provision mentioned in subsection (1) above in the High Court, he shall not be entitled to recover any more costs of those proceedings than those to which he would have been entitled if the proceedings had been taken in the county court: and in such a case the taxing master shall have the same power of directing on what county court scale costs are to be allowed, and of allowing any item of costs, as the judge would have had if the proceedings had been taken in the county court.
Subsection (4) above shall not apply where the purpose of taking the proceedings in the High Court was to enable them to be joined with any proceedings already pending before that court (not being proceedings taken under any provision mentioned in subsection (1) above).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The rent assessment committee to whom a matter is referred under Chapter I or Chapter II above may by notice in the prescribed form served on the landlord or the tenant require him to give to the committee, within such period of not less than fourteen days from the service of the notice as may be specified in the notice, such information as they may reasonably require for the purposes of their functions.
If any person fails without reasonable excuse to comply with a notice served on him under subsection (2) above, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Where an offence under subsection (3) above 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, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
The President of the rent assessment panel shall keep and make publicly available, in such manner as is specified in an order made by the Welsh Ministers, such information as may be so specified with respect to rents under assured tenancies and assured agricultural occupancies which have been the subject of references or applications to, or determinations by, rent assessment committees in areas in Wales.
A copy of any information certified under the hand of an officer duly authorised by the President of the rent assessment panel ... shall be receivable in evidence in any court and in any proceedings.
An order under subsection (1) above—
may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue of that subsection; and
may make different provision with respect to different cases or descriptions of case, including different provision for different areas.
The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992 or to assist the Secretary of State in the administration of universal credit, where a rent is determined under section 14 or 22 above, the appropriate tribunal shall note in their determination the amount (if any) of the rent which, in the opinion of the tribunal, is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amount so noted may be included in the information specified in an order under section 42 or 42A below.
In section 149 of the Rent Act 1977 (which, among other matters, authorises local authorities to publish information for the benefit of landlords and tenants with respect to their rights and duties under certain enactments), in subsection (1)(a) after sub-paragraph (iv) there shall be inserted—.
A billing authority within the meaning of Part I of the Local Government Finance Act 1992 shall, if so requested in writing by a rent officer or the appropriate tribunal in connection with his or their functions under any enactment, inform the rent officer or the appropriate tribunal in writing whether or not a particular dwelling (within the meaning of Part I of the Local Government Finance Act 1992) is, or was at any time specified in the request, an exempt dwelling for the purposes of that Part of that Act.
Subject to paragraph 11 of Schedule 1 to this Act and subsection (2) subsections (1A) and (2) below, Chapters I to IV above apply in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as they apply in relation to premises in relation to which no such interest subsists or ever subsisted.
In Chapter IV above—
sections 27 and 28 do not bind the Crown; and
the remainder binds the Crown to the extent provided for in section 10 of the Protection from Eviction Act 1977.
In Chapter 1—
section 16J does not bind the Crown;
in section 16K(1) as it applies by virtue of subsection (1), the reference to a person being guilty of an offence under section 16J is to be read as a reference to the person— and section 16K(4) is to be read accordingly.
being a landlord under an assured tenancy, or acting or purporting to act on behalf of such a landlord, and (in relation to that tenancy) satisfying the condition in paragraph (a) of section 16J(1) where the condition in paragraph (b) of section 16J(1) is also satisfied,
contravening section 16E(2) or (3),
satisfying the conditions in paragraphs (a) and (b) of section 16J(3), or
satisfying the conditions in paragraphs (a) and (b)(i) of section 16J(4),
In this section “Crown interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster or to the Duchy of Cornwall, or to a government department, or which is held in trust for Her Majesty for the purposes of a government department.
Subsection (1A)(a) does not affect the criminal liability of persons in the service of the Crown.
Where an interest belongs to Her Majesty in right of the Duchy of Lancaster, then, for the purposes of Chapters I to IV above, the Chancellor of the Duchy of Lancaster shall be deemed to be the owner of the interest.
In this Part of this Act, except where the context otherwise requires,—
But, if the new tenant is occupying the dwelling-house as the new tenant’s only or principal home immediately before the death of the former tenant, an order for possession on this Ground may not be made unless— the tenancy has previously devolved on the former tenant under a will or intestacy (whenever that devolution occurred), or the tenancy is a special tenancy immediately before the death of the former tenant.
The tenancy is of supported accommodation and the tenant has unreasonably refused to co-operate with the person providing support services with regard to those services.
Condition 2 is that the person or persons named in the notice—
fall within paragraph (a) or (b) of condition 1, and
are disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy.
“indictable offence” does not include an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either way offences where value involved is small);
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.
“statutory periodic tenancy” has the meaning assigned by section 5(7) above;
Subject to paragraph 11 of Schedule 2 to this Act, any reference in this Part of this Act to the beginning of a tenancy is a reference to the day on which the tenancy is entered into or, if it is later, the day on which, under the terms of any lease, agreement or other document, the tenant is entitled to possession under the tenancy.
Where two or more persons jointly constitute either the landlord or the tenant in relation to a tenancy, then, except where this Part of this Act otherwise provides, any reference to the landlord or to the tenant is a reference to all the persons who jointly constitute the landlord or the tenant, as the case may require.
For the avoidance of doubt, it is hereby declared that any reference in this Part of this Act (however expressed) to a power for a landlord to determine a tenancy does not include a reference to a power of re-entry or forfeiture for breach of any term or condition of the tenancy.
Regulations under subsection (1) above may make different provision with respect to different cases or descriptions of case, including different provision for different areas.
The Chamber President of the Property Chamber of the First-tier Tribunal shall keep and make publicly available, in such manner as may be specified in an order made by the Lord Chancellor, such information as may be specified in an order made by the Secretary of State with respect to rents under assured tenancies and assured agricultural occupancies which have been the subject of references or applications to, or determinations by—
rent assessment committees in England,
the First-tier Tribunal, or
the Upper Tribunal.
A copy of any information certified by a member of staff appointed by the Lord Chancellor and duly authorised by the Chamber President shall be receivable in evidence in any court and in any proceedings.
An order made by the Lord Chancellor under subsection (1) may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue that subsection.
The power to make an order under subsection (1) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
There shall be a body known as Housing for Wales.
Schedule 5 to this Act shall have effect with respect to the constitution and proceedings of, and other matters relating to, Housing for Wales.
Housing for Wales shall have the functions conferred on it by the Housing Associations Act 1985 (in this Part referred to as “the 1985 Act”) as amended in accordance with section 59 below.
All property in Wales which, immediately before the day appointed for the coming into force of this section, is held by the Housing Corporation shall on that day be transferred to and vest in Housing for Wales.
Any question whether any property has been transferred to Housing for Wales by virtue of subsection (4) above shall be determined by the Secretary of State.
Every registered housing association which, immediately before the appointed day,— shall on the appointed day cease to be registered in the register maintained by the Housing Corporation under section 3 of the 1985 Act and, by virtue of this subsection, be deemed to be registered in the register maintained by Housing for Wales under that section.
is a society registered under the 1965 Act and has its registered office for the purposes of that Act in Wales, or
is a registered charity and has its address for the purposes of registration by the Charity Commissioners in Wales,
Not later than one month before the appointed day, the Secretary of State shall notify every registered housing association which appears to him to be one which on that day will be deemed to be registered as mentioned in subsection (1) above of that fact and of the effect of that subsection.
As soon as may be after the appointed day, Housing for Wales shall give notice of any registration effected by virtue of subsection (1) above,—
if the housing association is a registered charity, to the Charity Commissioners; and
if the housing association is a society registered under the 1965 Act, to the Chief Registrar of friendly societies.
All rights, liabilities and obligations to which, immediately before the appointed day, the Housing Corporation was entitled or subject in relation to— shall on that day become rights, liabilities and obligations of Housing for Wales.
any registered housing association to which subsection (1) above applies, and
land in Wales held by an unregistered housing association,
Any question whether any rights, liabilities or obligations have become rights, liabilities or obligations of Housing for Wales by virtue of subsection (4) above shall be determined by the Secretary of State.
In this section—
companionship,
For subsections (3) and (4) of section 4 (eligibility for registration) of the 1985 Act there shall be substituted the following subsections—
The Secretary of State may by order made by statutory instrument amend the subsections substituted by subsection (1) above, but not so as to restrict or limit the permissible purposes, objects or powers.
An order under subsection (2) above may contain such incidental, supplemental or transitional provisions as the Secretary of State thinks fit.
A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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The Housing Corporation and Housing for Wales may make grants to registered housing associations in respect of expenditure incurred or to be incurred by them in connection with housing activities; and any reference in the following provisions of this section to “the Corporation” shall be construed accordingly.
As respects grants under this section the following, namely— shall be such as may be specified by the Corporation, acting in accordance with such principles as it may from time to time determine.
the procedure to be followed in relation to applications for grant;
the circumstances in which grant is or is not to be payable;
the method for calculating, and any limitations on, the amount of grant; and
the manner in which, and time or times at which, grant is to be paid,
In making a grant under this section, the Corporation may provide that the grant is conditional on compliance by the association with such conditions as it may specify.
On such terms as it may, with the appropriate approval, specify, the Corporation may appoint a local housing authority which is willing to do so to act as its agent in connection with the assessment and payment of grant under this section; and, where such an appointment is made, the local housing authority shall act as such an agent in accordance with the terms of their appointment.
In subsection (4) above, “the appropriate approval” means the approval of the Secretary of State given with the consent of the Treasury.
Where— this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (7) below, were payable to that other association.
a grant under this section is payable to an association, and
at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other registered housing association, or trustees for some other such association,
The proportion referred to in subsection (6) above is that which, in the circumstances of the particular case—
the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or
the Corporation may determine to be appropriate.
Where one of the associations mentioned in subsection (6) above is registered by the Housing Corporation and another is registered by Housing for Wales, the determination mentioned in subsection (7) above shall be such as shall be agreed between the two Corporations.
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The Housing Corporation or, as the case may be, Housing for Wales may make a grant to a registered housing association if— the association’s expenditure as calculated by the Corporation concerned for any period (including a period which is wholly or partly a future period) exceeds its income as so calculated for that period.
in relation to all housing activities of the association,
in relation to housing activities of the association of a particular description, or
in relation to particular housing activities of the association,
In calculating an association’s expenditure or income for the purposes of subsection (1) above, the Housing Corporation or, as the case may be, Housing for Wales—
shall act in accordance with such principles as it may from time to time determine; and
may act on such assumptions (whether or not borne out or likely to be borne out by events) as it may from time to time determine.
Subsections (2) and (3) of section 50 above shall apply for the purposes of this section as they apply for the purposes of that section.
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Where a grant to which this section applies, that is to say— has been made to a relevant housing association, the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the appropriate authority may from time to time determine (in this section referred to as “relevant events”).
a grant under section 50 or 51 above, or
a grant under section 41 of the 1985 Act or any enactment replaced by that section, or
a grant under section 2(2) of the Housing (Scotland) Act 1988,
The appropriate authority. . . may— and a direction under paragraph (c) above may require the application, appropriation or payment of an amount with interest in accordance with subsections (7) to (9) below.
reduce the amount of, or of any payment in respect of, the grant;
suspend or cancel any instalment of the grant; or
direct the association to apply or appropriate for such purposes as the appropriate authority may specify, or to pay to the appropriate authority an amount equal to the whole, or such proportion as it may specify, of the amount of any payment made to the association in respect of the grant,
Where, after a grant to which this section applies has been made to an association, a relevant event occurs, the association shall notify the appropriate authority and, if so required by written notice of the appropriate authority, shall furnish it with such particulars of and information relating to the event as are specified in the notice.
Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to an association, the Chief Land Registrar may furnish the appropriate authority with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the Land Registration Act 1988 for the coming into force of that Act.
Where— this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other association.
a grant to which this section applies has been made to an association, and
at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other relevant housing association, or trustees for some other such association,
The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—
the appropriate authority, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or
the appropriate authority may determine to be appropriate.
A direction under subsection (2)(c) above requiring the application, appropriation or payment of an amount with interest shall specify, in accordance with subsection (9) below,—
the rate or rates of interest (whether fixed or variable) which is or are applicable;
the date from which interest is payable, being not earlier than the date of the relevant event; and
any provision for suspended or reduced interest which is applicable.
In subsection (7)(c) above—
the reference to a provision for suspended interest is a reference to a provision whereby, if the principle amount is applied, appropriated or paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and
the reference to a provision for reduced interest is a reference to a provision whereby, if the principle amount is so applied, appropriated or paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.
The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—
such as the appropriate authority, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or
such as the appropriate authority may determine to be appropriate in the particular case.
In this section and sections 53 and 54— “the appropriate authority”— in relation to an English relevant housing association and property outside Greater London, means the Homes and Communities Agency, in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and in relation to a Welsh relevant housing association, means the Welsh Ministers, “ relevant housing association ” means— a housing association which is a registered provider of social housing (“an English relevant housing association”), and a housing association which is a registered social landlord (“a Welsh relevant housing association”).
In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—
Part 1 of the Housing Act 1996,
Part 1 of the 1985 Act, or
any corresponding earlier enactment.
A general determination may either— and for the purposes of this subsection descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.
make the same provision for all cases; or
make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of housing associations or housing activities;
The Homes and Communities Agency shall not make a general determination under the foregoing provisions of this Part except with the approval of the Secretary of State
Before making a general determination, the appropriate authority shall consult such bodies appearing to it to be representative of housing associations as it considers appropriate; and after making such a determination, the appropriate authority shall publish the determination in such manner as it considers appropriate for bringing the determination to the notice of the associations concerned.
In this section “general determination” means a determination under section 52 above, other than a determination relating solely to a particular case.
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Where a grant to which this section applies, that is to say— has been made to a registered social landlord, the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the Corporation may from time to time determine (in this section referred to as “relevant events”).
a grant under section 50 or 51 above, or
a grant under section 41 of the 1985 Act or any enactment replaced by that section, or
a grant under section 2(2) of the Housing (Scotland) Act 1988,
The Corporation, acting in accordance with such principles as it may from time to time determine, may— and a direction under paragraph (c) above requiring the payment of any interest on that amount in accordance with subsections (7) to (9) below.
reduce the amount of, or of any payment in respect of, the grant;
suspend or cancel any instalment of the grant; or
direct the landlord to pay to it an amount equal to the whole, or such proportion as it may specify, of the amount of any payment made to the landlord in respect of the grant,
Where, after a grant to which this section applies has been made to a registered social landlord, a relevant event occurs, the landlord shall notify the Corporation and, if so required by written notice of the Corporation, shall furnish it with such particulars of and information relating to the event as are specified in the notice.
Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to a registered social landlord , the Chief Land Registrar may furnish the Corporation with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the Land Registration Act 1988 for the coming into force of that Act.
Where— this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other landlord.
a grant to which this section applies has been made to a registered social landlord, and
at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other registered social landlord, or trustees for some other such landlord,
The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—
the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or
the Corporation may determine to be appropriate.
A direction under subsection (2)(c) above requiring the payment of interest on the amount directed to be paid to the Corporation shall specify, in accordance with subsection (9) below,—
the rate or rates of interest (whether fixed or variable) which is or are applicable;
the date from which interest is payable, being not earlier than the date of the relevant event; and
any provision for suspended or reduced interest which is applicable.
In subsection (7)(c) above—
the reference to a provision for suspended interest is a reference to a provision whereby, if the amount which is directed to be paid to the Corporation is paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and
the reference to a provision for reduced interest is a reference to a provision whereby, if that amount is so paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.
The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—
such as the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or
such as the Corporation may determine to be appropriate in the particular case.
In this section and sections 53 and 54— “the appropriate authority”— in relation to an English relevant housing associationand property outside Greater London, means the Homes and Communities Agency, in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and in relation to a Welsh relevant housing association, means the Welsh Ministers, “ relevant housing association ” means— a housing association which is a registered provider of social housing (“an English relevant housing association”), and a housing association which is a registered social landlord (“a Welsh relevant housing association”).
In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—
Part 1 of the Housing Act 1996,
Part 1 of the 1985 Act, or
any corresponding earlier enactment.
In this section and section 53, “registered social landlord” has the same meaning as in the Housing (Scotland) Act 2010 (asp 17).
A general determination may either— and for the purposes of this subsection descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.
make the same provision for all cases; or
make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of registered social landlords or housing activities;
The Corporation shall not make a determination under the foregoing provisions of this Part except with the approval of the Secretary of State given, in the case of a general determination, with the consent of the Treasury.
Before making a general determination, the Corporation shall consult such bodies appearing to it to be representative of registered social landlords as it considers appropriate; and after making such a determination, the Corporation shall publish the determination in such manner as it considers appropriate for bringing the determination to the notice of the landlords concerned.
In this section “general determination” means a determination under section 52 above, other than a determination relating solely to a particular case.
If a housing association makes a claim to the Secretary of State in respect of a period and satisfies him that throughout the period it was a housing association to which this section applies and its functions either— the Secretary of State may make grants to the association for affording relief from tax chargeable on the association.
consisted exclusively of the function of providing or maintaining housing accommodation for letting or hostels and activities incidental to that function, or
included that function and activities incidental to that function,
This section applies to a housing association at any time if, at that time—
it is a relevant housing association;
it does not trade for profit; and
it is not approved for the purposes of Chapter 7 of Part 13 of the Corporation Tax Act 2010 (tax treatment of co-operative housing associations).
References in this section to tax chargeable on an association are to income tax (other than income tax which the association is entitled to deduct on making any payment) and corporation tax.
A grant under this section may be made— and in any case shall be of such amount, shall be made at such times and shall be subject to such conditions as the Secretary of State thinks fit.
in a case falling within subsection (1)(a) above, for affording relief from any tax chargeable on the association for the period in respect of which the claim is made; and
in a case falling within subsection (1)(b) above, for affording relief from such part of any tax so chargeable as the Secretary of State considers appropriate having regard to the other functions of the association;
The conditions may include conditions for securing the repayment in whole or in part of a grant made to an association—
in the event of tax in respect of which it was made being found not to be chargeable; or
in such other events (including the association beginning to trade for profit) as the Secretary of State may determine.
A claim under this section shall be made in such manner and shall be supported by such evidence as the Secretary of State may direct.
The Commissioners of Inland Revenue and their officers may disclose to the Secretary of State such particulars as he may reasonably require for determining whether a grant should be made on a claim or whether a grant should be repaid or the amount of such grant or repayment.
In this section “letting” includes—
in England and Wales, the grant of a shared ownership lease or a licence to occupy;
in Scotland, disposal under a shared ownership agreement or the grant of a right or permission to occupy.
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An association to which this section applies, that is to say, a registered housing association which has at any time received a payment in respect of— (in this section referred to as a “relevant grant”) shall show separately in its accounts for any period ending after the coming into force of this section the surpluses arising from increased rental income during that period from such housing activities to which the grant relates as the Secretary of State may from time to time determine.
a grant under section 50 above, or
a grant under section 41 of the 1985 Act or any enactment replaced by that section, or
a grant under section 2(2) of the Housing (Scotland) Act 1988,
The surpluses shall be shown by each association in a fund to be known as its rent surplus fund; and the method of constituting that fund and of showing it in the association’s accounts shall be as required by order of the Secretary of State under section 24 of the 1985 Act (general requirements as to accounts) and, notwithstanding anything in subsection (5) of that section, such an order may make provision applying to any period to which this section applies.
The surpluses in respect of a period shall be calculated in such manner as the Secretary of State may from time to time determine; and a determination under this subsection may provide that, in calculating surpluses, an association shall act on such assumptions (whether or not borne out or likely to be borne out by events) as may be specified in the determination.
A determination under subsection (1) or (3) above may— and for the purposes of this subsection descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.
make the same provision for all cases; or
make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of housing associations or housing activities;
Before making a determination under subsection (1) or (3) above, the Secretary of State shall consult such bodies appearing to him to be representative of housing associations as he considers appropriate; and after making such a determination, the Secretary of State shall publish it in such manner as he considers appropriate for bringing it to the notice of the associations concerned.
The Secretary of State may from time to time give notice to an association to which this section applies requiring it to pay to him, with interest if demanded, or to apply or appropriate for purposes he specifies, any sums standing in its rent surplus fund at the end of a period of account.
Any interest demanded by such a notice is payable—
at the rate or rates (whether fixed or variable) previously determined by the Secretary of State, with the consent of the Treasury, for housing associations generally and published by him or, if no such determination has been made, at the rate or rates (whether fixed or variable) specified with the consent of the Treasury in the notice; and
either from the date of the notice or from such other date, not earlier than the end of the period of account, as may be specified in the notice.
A notice under subsection (6) above demanding interest may with the consent of the Treasury provide that, if the sums required by the notice to be paid to the Secretary of State are paid before a date specified in the notice—
no interest shall be payable for any period after the date of the notice; and
any interest payable shall be payable at a rate or rates lower than the rate or rates given by subsection (7) above.
The Secretary of State may from time to time give notice— requiring them to furnish him with such information as he may reasonably require in connection with the exercise of his functions under this section; and a notice under paragraph (a) or (b) above may be given by publication in such manner as the Secretary of State considers appropriate for bringing it to the attention of the associations concerned.
to all associations to which this section applies,
to associations to which this section applies of a particular description, or
to particular associations to which this section applies,
Where— this section (including this subsection) shall have effect in relation to periods after that time as if the payment, or such proportion of it as may be determined by the Secretary of State to be appropriate, had been made to that other association.
an association has received a payment in respect of a relevant grant, and
at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other registered housing association, or trustees for some other such association,
If a housing association makes a claim to the Secretary of State in respect of a period and satisfies him that throughout the period it was a housing association to which this section applies and its functions either— the Secretary of State may make grants to the association for affording relief from tax chargeable on the association.
consisted exclusively of the function of providing or maintaining housing accommodation for letting or hostels and activities incidental to that function, or
included that function and activities incidental to that function,
This section applies to a housing association at any time if, at that time—
it is registered;
it does not trade for profit; and
it is not approved for the purposes of Chapter 7 of Part 13 of the Corporation Tax Act 2010 (tax treatment of co-operative housing associations).
References in this section to tax chargeable on an association are to income tax (other than income tax which the association is entitled to deduct on making any payment) and corporation tax.
A grant under this section may be made— and in any case shall be of such amount, shall be made at such times and shall be subject to such conditions as the Secretary of State thinks fit.
in a case falling within subsection (1)(a) above, for affording relief from any tax chargeable on the association for the period in respect of which the claim is made; and
in a case falling within subsection (1)(b) above, for affording relief from such part of any tax so chargeable as the Secretary of State considers appropriate having regard to the other functions of the association;
The conditions may include conditions for securing the repayment in whole or in part of a grant made to an association—
in the event of tax in respect of which it was made being found not to be chargeable; or
in such other events (including the association beginning to trade for profit) as the Secretary of State may determine.
A claim under this section shall be made in such manner and shall be supported by such evidence as the Secretary of State may direct.
The Commissioners of Inland Revenue and their officers may disclose to the Secretary of State such particulars as he may reasonably require for determining whether a grant should be made on a claim or whether a grant should be repaid or the amount of such grant or repayment.
In this section “letting” includes—
in England and Wales, the grant of a shared ownership lease or a licence to occupy;
in Scotland, disposal under a shared ownership agreement or the grant of a right or permission to occupy.
The Secretary of State may delegate to the Housing Corporation, to such extent and subject to such conditions as he may specify, any of his functions , so far as they relate to English registered social landlords, under— and where he does so, references to him in those provisions shall be construed accordingly. In this section “ English registered social landlords ” means social landlords registered in the register maintained by the Housing Corporation under section 1 of the Housing Act 1996.
section 54 . . . above;
sections 53 (recoupment of surplus rental income), 54 to 57 (deficit grants) and 62 (grants for affording tax relief) of the 1985 Act, so far as continuing in force after the passing of this Act; and
Parts I and II of Schedule 5 to the 1985 Act (residual subsidies);
This section applies to any tenant of a publicly-funded house who, but for paragraph 1 of Schedule 5 to the Housing Act 1985 (no right to buy where landlord a charitable housing trust or housing association), would have the right to buy under Part V of the Housing Act 1985.
A house is publicly-funded for the purposes of subsection (1) above if a grant under section 50 above, or a grant under section 41 of the 1985 Act or any enactment replaced by that section, has been paid in respect of a project which included—
the acquisition of the house;
the acquisition of a building and the provision of the house by means of the conversion of the building; or
the acquisition of land and the construction of the house on the land.
Where a registered housing association contracts for the acquisition of a house and, without taking the conveyance, grant or assignment, disposes of its interest at a discount to a tenant to whom this section applies, the provisions mentioned in subsection (4) below shall have effect as if the association first acquired the house and then disposed of it to the tenant.
The said provisions are— section 4 of the 1985 Act (eligibility for registration); section 8 of that Act (disposal of land by registered housing associations); section 9 of that Act (consent of Corporation to disposals); section 79(2) of that Act (power of Corporation to lend to person acquiring interest from registered housing association); Schedule 2 to that Act (covenants for repayments of discount on early disposal and restricting disposal of houses in National Parks etc. ); and section 130 of the Housing Act 1985 (reduction of discount on exercise of right to buy where previous discount given).
The Secretary of State may delegate to the Corporation, to such extent and subject to such conditions as he may specify, any of his functions under— and where he does so, references to him in those provisions shall be construed accordingly.
section 54 or 55 above;
sections 53 (recoupment of surplus rental income), 54 to 57 (deficit grants) and 62 (grants for affording tax relief) of the 1985 Act, so far as continuing in force after the passing of this Act; and
Parts I and II of Schedule 5 to the 1985 Act (residual subsidies);
In this Part of this Act—
“the 1985 Act” means the Housing Associations Act 1985; and
subject to subsections (1A) and (1B) below expressions used in this Part have the same meaning as in the 1985 Act.
The 1985 Act shall have effect subject to the amendments in Schedule 6 to this Act, being amendments—
extending the supervisory powers conferred by Part I of the 1985 Act;
making provision incidental to and consequential upon . . . the establishment by the Housing (Scotland) Act 1988 of Scottish Homes;
making provision incidental to and consequential upon the provisions of this Part of this Act and the provisions of Part IV of this Act; and
varying the grounds on which the Secretary of State may remove a member of the Housing Corporation from office.
Expressions used in sections 52 to 54 ... above have the same meaning as in Part I of the Housing Act 1996, subject as follows.
In Schedule 6 to this Act,—
Part I contains amendments of Part I of the 1985 Act, including amendments which reproduce the effect of amendments made by Schedule 3 to the Housing (Scotland) Act 1988 with respect to Scottish Homes; and
Parts II and III contain amendments of Parts II and III respectively of the 1985 Act.
In those sections “housing activities” and “shared ownership lease”, in relation to times, circumstances and purposes before the commencement of section 1 of the Housing Act 1996 (the register of social landlords), have the same meaning as in the 1985 Act.
Without prejudice to the operation of Schedule 3 to the Housing (Scotland) Act 1988 in relation to anything done before the day appointed for the coming into force of this section, for the purpose of giving effect to the amendments in Part I of Schedule 6 to this Act, the said Schedule 3 shall be deemed never to have come into force.
In this Part of this Act—
“the 1985 Act” means the Housing Associations Act 1985; and
except as provided in section 50(1) above, “the Corporation”means the Scottish Ministers and other expressions used in this Part have the same meaning as in the 1985 Act.
The 1985 Act shall have effect subject to the amendments in Schedule 6 to this Act, being amendments—
extending the supervisory powers conferred by Part I of the 1985 Act;
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making provision incidental to and consequential upon the provisions of this Part of this Act and the provisions of Part IV of this Act; and
varying the grounds on which the Secretary of State may remove a member of the Housing Corporation from office.
In Schedule 6 to this Act,—
Part I contains amendments of Part I of the 1985 Act, including amendments which reproduce the effect of amendments made by Schedule 3 to the Housing (Scotland) Act 1988 with respect to Scottish Homes; and
Parts II and III contain amendments of Parts II and III respectively of the 1985 Act.
Without prejudice to the operation of Schedule 3 to the Housing (Scotland) Act 1988 in relation to anything done before the day appointed for the coming into force of this section, for the purpose of giving effect to the amendments in Part I of Schedule 6 to this Act, the said Schedule 3 shall be deemed never to have come into force.
Subject to section 61 below, the Secretary of State may by order designate an area of land in England for which, in his opinion, it is expedient that a corporation, to be known as a housing action trust, having the functions specified in this Part of this Act, should be established.
The area designated by an order under this section may comprise two or more parcels of land which—
need not be contiguous; and
need not be in the district of the same local housing authority.
An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
In deciding whether to make an order under this section designating any area of land, the Secretary of State shall have regard to such matters as he thinks fit.
Without prejudice to the generality of subsection (4) above, among the matters to which the Secretary of State may have regard in deciding whether to include a particular area of land in an order under this section, are—
the extent to which the housing accommodation in the area as a whole is occupied by tenants or owner-occupiers and the extent to which it is local authority housing;
the physical state and design of the housing accommodation in the area and any need to repair or improve it;
the way in which the local authority housing in the area is being managed; and
the living conditions of those who live in the area and the social conditions and general environment of the area.
An area designated by an order under this section shall be known as a housing action trust area and in the following provisions of this Part of this Act—
such an area is referred to as a “designated area”; and
an order under this section is referred to as a “designation order”.
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Where the Secretary of State is considering a proposal to make a designation order, he shall use his best endeavours to secure that notice of the proposal is given to all tenants of houses in the area proposed to be designated who are either secure tenants or introductory tenants ... or tenants of such description as may be prescribed by regulations.
After having taken the action required by subsection (2) above, the Secretary of State shall either—
make arrangements for such independent persons as appear to him to be appropriate to conduct, in such manner as seems best to them, a ballot or poll of the tenants who have been given notice of the proposal as mentioned in that subsection with a view to establishing their opinions about the proposal to make a designation order; or
if it seems appropriate to him to do so, arrange for the conduct of a ballot or poll of those tenants in such manner as appears to him best suited to establish their opinions about the proposal.
If it appears from a ballot or poll conducted as mentioned in subsection (3) above that a majority of the tenants who, on that ballot or poll, express an opinion about the proposal to make the designation order are opposed to it, the Secretary of State shall not make the order proposed.
The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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Subject to subsection (2) below, where the Secretary of State makes a designation order, he shall, in that order or by a separate order, either—
establish a housing action trust for the designated area; or
specify as the housing action trust for the designated area a housing action trust already established for another designated area.
Such a separate order as is referred to in subsection (1) above shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
Subject to subsection (4) below, a housing action trust shall be a body corporate by such name as may be prescribed by the order establishing it.
Where the Secretary of State makes the provision referred to in subsection (1)(b) above,—
the housing action trust specified in the order shall, by virtue of the order, be treated as established for the new designated area (as well as for any designated area for which it is already established); and
the order may alter the name of the trust to take account of the addition of the new designated area.
Schedule 7 to this Act shall have effect with respect to the constitution of housing action trusts and Schedule 8 to this Act shall have effect with respect to their finances.
It is hereby declared that a housing action trust is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and that the trust’s property is not to be regarded as the property of, or property held on behalf of, the Crown.
At the end of section 4 of the Housing Act 1985 (descriptions of authority) there shall be added—; and at the end of section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority etc.) there shall be added— .
The primary objects of a housing action trust in relation to the designated area for which it is established shall be—
to secure the repair or improvement of housing accommodation for the time being held by the trust;
to secure the proper and effective management and use of that housing accommodation;
to encourage diversity in the interests by virtue of which housing accommodation in the area is occupied and, in the case of accommodation which is occupied under tenancies, diversity in the identity of the landlords; and
generally to secure or facilitate the improvement of living conditions of those living in the area and the social conditions and general environment of the area.
Without prejudice to subsection (1) above, a housing action trust may—
provide and maintain housing accommodation; and
facilitate the provision of shops, advice centres and other facilities for the benefit of the community or communities who live in the designated area.
For the purpose of achieving its objects and exercising the powers conferred on it by subsection (2) above, a housing action trust may— and may generally do anything necessary or expedient for the purposes of those objects and powers or for purposes incidental thereto.
acquire, hold, manage, reclaim and dispose of land and other property;
carry out building and other operations;
seek to ensure the provision of water, electricity, gas, sewerage and other services; and
carry on any business or undertaking;
For the avoidance of doubt it is hereby declared that it is immaterial for the purposes of this section whether action taken by a housing action trust for achieving its objects or exercising the powers conferred on it by subsection (2) above also—
benefits persons who do not live in the designated area; or
improves the social conditions or general environment of an area outside the designated area.
For the avoidance of doubt it is hereby declared that subsection (3) above relates only to the capacity of a housing action trust as a statutory corporation; and nothing in this section authorises such a trust to disregard any enactment or rule of law.
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A transaction between any person and a housing action trust shall not be invalidated by reason of any failure by the trust to observe the objects in subsection (1) above or the requirement that the trust shall exercise the powers conferred by subsections (2) and (3) above for the purpose referred to in that subsection.
As soon as practicable after a housing action trust has been established for a designated area, the trust shall prepare a statement of its proposals with regard to the exercise of its functions in relation to the area.
The trust shall consult every local housing authority or county council, any part of whose area lies within the designated area, with regard to the proposals contained in the statement prepared under subsection (1) above.
A housing action trust shall take such steps as it considers appropriate to secure— and the trust shall consider any such representations as may be made within the time specified.
that adequate publicity is given in the designated area to the proposals contained in the statement prepared under subsection (1) above;
that those who live in the designated area are made aware that they have an opportunity to make, within such time as the trust may specify, representations to the trust with respect to those proposals; and
that those who live in the designated area are given an adequate opportunity of making such representations;
As soon as may be after a housing action trust has complied with the requirements of subsections (1) to (3) above it shall send to the Secretary of State a copy of the statement prepared under subsection (1) above together with a report of—
the steps the trust has taken to consult as mentioned in subsection (2) above and to secure the matters referred to in subsection (3) above; and
the consideration it has given to points raised in the course of consultation and to representations received.
At such times as a housing action trust considers appropriate or as it may be directed by the Secretary of State, the trust shall prepare a further statement of its proposals with regard to the exercise of its functions in relation to its area; and subsections (2) to (4) above shall again apply as they applied in relation to the first statement.
If the Secretary of State so provides by order, in a designated area or, as the case may be, in such part of the area as may be specified in the order, the housing action trust for the area shall have such of the functions described in subsection (2) below as may be so specified.
The functions referred to in subsection (1) above are—
the functions conferred on a local housing authority by Parts II, VI, VII and IX to XI and XVI of the Housing Act 1985 and section 3(1) of the Chronically Sick and Disabled Persons Act 1970;
the functions conferred by Part II of the Housing Associations Act 1985 on a local authority, within the meaning of that Act; and
the functions conferred by sections 39 to 41 of the Land Compensation Act 1973 on the authority which is “the relevant authority” for the purposes of section 39 of that Act.
As respects the designated area or part thereof to which an order under this section applies, on the coming into force of the order, any function conferred on a housing action trust by the order shall, according to the terms of the order, be exercisable either—
by the trust instead of by the authority by which, apart from the order, the function would be exercisable; or
by the trust concurrently with that authority.
Any enactment under which a housing action trust is to exercise a function by virtue of an order under this section shall have effect— subject to such modifications (if any) as may be specified in the order.
in relation to the trust, and
where the trust is to have the function concurrently with another authority, in relation to that authority,
Where a housing action trust is to exercise functions conferred on a local housing authority by any of Parts VI, VII, IX and XI of the Housing Act 1985, section 36 of the Local Government Act 1974 (recovery by local authorities of establishment charges) shall apply to the housing action trust as if it were a local authority within the meaning of that section.
Such (if any) of the provisions of Parts XVII and XVIII of the Housing Act 1985 (compulsory purchase, land acquisition and general provisions) as may be specified in an order under this section shall have effect in relation to a housing action trust subject to such modifications as may be specified in the order.
An order under this section—
may contain such savings and transitional and supplementary provisions as appear to the Secretary of State to be appropriate; and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A housing action trust may submit to the Secretary of State proposals for the development of land within its designated area and the Secretary of State, after consultation with the local planning authority within whose area the land is situated and with any other local authority which appears to him to be concerned, may approve any such proposals either with or without modification.
Without prejudice to the generality of the powers conferred by sections 59 to 61 of the 1990 Act, a special development order made by the Secretary of State under section 59 with respect to a designated area may grant permission for any development of land in accordance with proposals approved under subsection (1) above, subject to such conditions, if any (including conditions requiring details of any proposed development to be submitted to the local planning authority), as may be specified in the order.
The Secretary of State shall give to a housing action trust such directions with regard to the disposal of land held by it and with respect to the development by it of such land as appear to him to be necessary or expedient for securing, so far as practicable, the preservation of any features of special architectural or historical interest and, in particular, of any buildings included in any list compiled or approved or having effect as if compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (which relates to the compilation or approval by the Secretary of State of lists of buildings of special architectural or historical interest).
Any reference in this section to the local planning authority,—
in relation to land in ... Greater London or a metropolitan county, is a reference to the authority which is the local planning authority as ascertained in accordance with sections 1 and 2 of the 1990 Act; and
in relation to other land in England, is a reference to the district planning authority and also (in relation to proposals for any development which is a county matter, as defined in paragraph 1 of Schedule 1 to the 1990 Act) to the county planning authority.
The Secretary of State may by order provide that, for such purposes of Part III of the 1990 Act and sections 67 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990, and in relation to such kinds of development as may be specified in the order, a housing action trust shall be the local planning authority for the whole or such part as may be so specified of its designated area . . .
An order under subsection (1) above may provide—
that any enactment relating to local planning authorities shall not apply to the trust; and
that any such enactment which applies to the trust shall apply to it subject to such modifications as may be specified in the order.
An order made by the Secretary of State may provide—
that, subject to any modifications specified in the order, a housing action trust specified in the order shall have, in the whole or any part of its designated area . . . , such of the functions conferred by the provisions mentioned in subsection (3A) below as may be so specified; and
that such of the provisions of Part VI and sections 249 to 251 and 258 of the 1990 Act and sections 32 to 37 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as are mentioned in the order shall have effect, in relation to the housing action trust specified in the order and to land in the trust’s area, subject to the modifications there specified.
An order under subsection (3) above may provide that, for the purposes of any of the provisions specified in the order, any enactment relating to local planning authorities shall apply to the housing action trust specified in the order subject to such modifications as may be so specified.
The provisions referred to in subsection (3)(a) above are sections 96, 100, 104 171C, 171D,172 to 185, 187 to 202, 206 to 222, 224, 225, 231 and 320 to 336 of and paragraph 11 of Schedule 9 to the 1990 Act, Chapters I, II and IV of Part I and sections 54 to 56, 59 to 61, 66, 68 to 72, 74 to 76 and 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and sections 4 to 15, 17 to 21, 23 to 26AA, 36 and 36A of the Planning (Hazardous Substances) Act 1990.
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in subsection (1) the reference to the development by local authorities of land in respect of which they are the local planning authorities included a reference to the development by the trust of land in respect of which it is the local planning authority;
in subsection (2),—
in paragraph (a) for the words “such an authority” there were substituted “housing action trust” and for the words “local planning authority” there were substituted “housing action trust”; and
in paragraph (b) for the words “local planning authority” there were substituted “housing action trust”.
If, by virtue of an order under subsection (1) above, a housing action trust is the local planning authority in relation to all kinds of development for the whole or part of its area, it shall be the hazardous substances authority for that area or, as the case may be, that part for the purposes of the 1971 Act.
Any power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and any such order shall have effect subject to such savings and transitional provisions as may be specified in the order.
The Secretary of State may by order provide that, in relation to premises comprising or consisting of housing accommodation, a housing action trust shall have in its designated area (or in such part of its designated area as may be specified in the order) the functions conferred on a local authority—
by sections 83 and 84 of the Public Health Act 1936 (the “1936 Act”) and section 36 of the Public Health Act 1961 (all of which relate to filthy or verminous premises or articles);
by any enactment contained in Part III (nuisances and offensive trades) of the 1936 Act;
by so much of Part XII of the 1936 Act as relates to any of the enactments mentioned in paragraphs (a) and (b) above; and
by Part I of the Prevention of Damage by Pests Act 1949 (rats and mice).
On the order coming into force, the trust shall have the functions conferred in relation to the designated area (or part) instead of or concurrently with any such authority, depending on the terms of the order.
The order may provide that any enactment under which the trust is to exercise functions by virtue of the order shall have effect in relation to the trust and, where the trust is to have any function concurrently with another authority, in relation to that authority, as modified by the order.
Where an order under this section provides that a housing action trust shall have the functions conferred upon a local authority by Part III of the 1936 Act, section 36 of the Local Government Act 1974 (recovery by local authorities of establishment charges) shall apply to the housing action trust as if it were a local authority within the meaning of that section.
The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.
The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
When any street works have been executed on any land in a designated area which was then or has since become a private street (or part of a private street), the housing action trust may serve a notice on the street works authority requiring it to declare the street (or part) to be a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.
Within the period of two months beginning on the date of the service of a notice under subsection (1) above, the street works authority may appeal against the notice to the Secretary of State . . .
the construction of the street (or part);
its design;
its layout; and
the state of its maintenance.
After considering any representations made to him by the housing action trust and the street works authority, the Secretary of State shall determine an appeal under subsection (2) above by setting aside or confirming the notice under subsection (1) above (with or without modifications).
Where, under subsection (3) above, the Secretary of State confirms a notice,—
he may at the same time impose conditions (including financial conditions) upon the housing action trust with which the trust must comply in order for the notice to take effect, and
the highway (or part) shall become a highway maintainable at the public expense with effect from such date as the Secretary of State may specify.
Where a street works authority neither complies with the notice under subsection (1) above, nor appeals under subsection (2) above, the street (or part) concerned shall become a highway maintainable at the public expense upon the expiry of the period of two months referred to in subsection (2) above.
In this section “private street” and “street works authority” have the same meanings as in Part XI of the Highways Act 1980.
For the purpose of achieving its objects a housing action trust may, with the consent of the Secretary of State, give financial assistance to any person.
Financial assistance under subsection (1) above may be given in any form and, in particular, may be given by way of—
grants,
loans,
guarantees,
incurring expenditure for the benefit of the person assisted, or
purchasing loan or share capital in a company.
Financial assistance under subsection (1) above may be given on such terms as the housing action trust, with the consent of the Secretary of State, considers appropriate.
Any consent under this section— and the reference in subsection (3) above to the consent of the Secretary of State is a reference to his consent given with the approval of the Treasury.
may be given either unconditionally or subject to conditions; and
may be given in relation to a particular case or in relation to such description of cases as may be specified in the consent;
The terms referred to in subsection (3) above may, in particular, include provision as to—
the circumstances in which the assistance must be repaid or otherwise made good to the housing action trust and the manner in which that is to be done; or
the circumstances in which the housing action trust is entitled to recover the proceeds or part of the proceeds of any disposal of land or buildings in respect of which assistance was provided.
Any person receiving assistance under subsection (1) above shall comply with the terms on which it is given and compliance may be enforced by the housing action trust.
In the exercise of its functions, a housing action trust shall comply with any directions given by the Secretary of State.
Directions given by the Secretary of State may be of a general or particular character and may be varied or revoked by subsequent directions.
The Secretary of State shall publish any direction given under this section.
A transaction between any person and a housing action trust acting in purported exercise of its powers under this Part of this Act shall not be void by reason only that the transaction was carried out in contravention of a direction given under this section; and a person dealing with a housing action trust shall not be concerned to see or enquire whether a direction under this section has been given or complied with.
If, in the case of any designated area, it appears to the Secretary of State that it is expedient that the functions of a housing action trust established for the area should be transferred— he may by order provide for the dissolution of the first-mentioned trust and for the transfer of its functions, property, rights and liabilities to the trust referred to in paragraph (a) above, or, as the case may be, to a new housing action trust established for the area by the order.
to the housing action trust established for another designated area, or
to a new housing action trust to be established for the area,
Where an order under this section provides for the functions of a housing action trust established for a designated area to be transferred to the housing action trust established for another designated area—
the latter trust shall, by virtue of the order, be treated as established for the first-mentioned designated area (as well as the area referred to in subsection (1)(a) above); and
the order may alter the name of the latter trust in such manner as appears to the Secretary of State to be expedient.
Before making an order under this section the Secretary of State shall consult the housing action trust whose functions are to be transferred and also, in a case falling within subsection (1)(a) above, the housing action trust to whom the functions are to be transferred.
An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
The Secretary of State may by order provide for the transfer from a local housing authority to a housing action trust of—
all or any of the authority’s local authority housing situated in the designated area; and
any other land held or provided in connection with that local authority housing.
Without prejudice to the powers under subsection (1) above, if in the opinion of the Secretary of State a housing action trust requires for the purposes of its functions any land which, though not falling within that subsection, is situated in the designated area and held (for whatever purpose) by a local authority, the Secretary of State may by order provide for the transfer of that land to the trust.
The Secretary of State may by order transfer from a local housing authority or other local authority to a housing action trust so much as appears to him to be appropriate of any property which is held or used by the authority in connection with any local authority housing or other land transferred to the trust under subsection (1) or subsection (2) above; and for this purpose “property” includes chattels of any description and rights and liabilities, whether arising by contract or otherwise.
A transfer of any local authority housing or other land or property under the preceding provisions of this section shall be on such terms, including financial terms, as the Secretary of State thinks fit; and an order under this section may provide that, notwithstanding anything in section 141 of the Law of Property Act 1925 (rent and benefit of lessee’s covenants to run with the reversion), any rent or other sum which— shall continue to be recoverable by the local housing authority or, as the case may be, the local authority to the exclusion of the trust and of any other person in whom the reversion on the tenancy may become vested.
arises under a tenancy of any local authority housing or other land transferred to the housing action trust under subsection (1) or subsection (2) above, and
falls due before the date of the transfer,
Without prejudice to the generality of subsection (4) above, the financial terms referred to in that subsection may include provision for payments by a local authority (as well as or instead of payments to a local authority); and the transfer from a local housing authority or other local authority of any local authority housing or other land or property by virtue of this section shall not be taken to give rise to any right to compensation.
Where an order is made under this section—
payments made by a local authority as mentioned in subsection (5) above shall be capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);
unless the order otherwise provides, payments made to a local authority as mentioned in subsection (5) above shall be regarded for the purposes of section 9(1) of that Act as sums received by the authority in respect of the disposal by it of an interest in a capital asset.
Any power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “local authority” means any of the following—
a local housing authority;
the council of a county;
the Inner London Education Authority;
an authority established by an order under section 10(1) of the Local Government Act 1985 (waste disposal);
a joint authority established by Part IV of that Act; . . .
a residuary body established by Part VII of that Act;
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
a combined authority established under section 103 of that Act;
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
the London Fire Commissioner.
In this section a “transfer order” means an order under any of subsections (1) to (3) of section 74 above and, in relation to a transfer order, “the transferor authority” means the local housing authority or other local authority from whom local authority housing or other land or property is or is to be transferred by the order.
Before making a transfer order, the Secretary of State shall consult the transferor authority with respect to—
the local authority housing or other land or property which it is proposed should be transferred by the order; and
the terms of the proposed transfer.
Before making a transfer order with respect to any local authority housing or other land, the Secretary of State shall take such steps as appear to him to be appropriate to bring the proposed transfer to the attention of any secure tenant, ... introductory tenant ... or other person (other than a local authority) having an interest in the property proposed to be transferred as lessor, lessee, mortgagor or mortgagee.
In connection with any transfer made by it, a transfer order may contain such incidental, consequential, transitional or supplementary provisions as appear to the Secretary of State to be necessary or expedient and, in particular, may—
apply, with or without modification, any provision made by or under any enactment; and
modify the operation of any provision made by or under any enactment.
Subject to subsections (2) and (3) below, the Secretary of State may by order provide that land specified in the order which is vested in statutory undertakers or any other public body or in a wholly-owned subsidiary of a public body shall vest in a housing action trust established or to be established for the designated area in which the land is situated.
An order under this section may not specify land vested in statutory undertakers which is used for the purpose of carrying on their statutory undertakings or which is held for that purpose.
In the case of land vested in statutory undertakers, the power to make an order under this section shall be exercisable by the Secretary of State and the appropriate Minister.
Part I of Schedule 9 to this Act shall have effect for supplementing the preceding provisions of this section.
An order under this section shall have the same effect as a declaration under the Compulsory Purchase (Vesting Declarations) Act 1981 except that, in relation to such an order, the enactments mentioned in Part II of Schedule 9 to this Act shall have effect subject to the modifications specified in that Part.
Compensation under the Land Compensation Act 1961, as applied by subsection (5) above and Part II of Schedule 9 to this Act, shall be assessed by reference to values current on the date the order under this section comes into force.
An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
No order shall be made under this section in relation to a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011).
For the purposes of achieving its objects (and performing any of its functions), a housing action trust may acquire land within its designated area by agreement or, on being authorised to do so by the Secretary of State, compulsorily.
A housing action trust may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily)—
land adjacent to the designated area which the trust requires for purposes connected with the discharge of its functions in the area; and
land outside the designated area (whether or not adjacent to it) which the trust requires for the provision of services in connection with the discharge of its functions in the area.
Where a housing action trust exercises its powers under subsection (1) or subsection (2) above in relation to land which forms part of a common or open space or fuel or field garden allotment, the trust may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily) land for giving in exchange for the land acquired.
Subject to section 78 below, the Acquisition of Land Act 1981 shall apply in relation to the compulsory acquisition of land in pursuance of the preceding provisions of this section.
A housing action trust may be authorised by the Secretary of State, by means of a compulsory purchase order, to purchase compulsorily such new rights as are specified in the order—
being rights over land in the designated area and which the trust requires for the purposes of its functions;
being rights over land adjacent to the designated area and which the trust requires for purposes connected with the discharge of its functions in the area; and
being rights over land outside the designated area (whether or not adjacent to it) and which the trust requires for the provision of services in connection with the discharge of its functions in the area.
In subsection (5) above— and Schedule 3 to that Act shall apply to a compulsory purchase of a right by virtue of subsection (5) above.
“new rights” means rights which are not in existence when the order specifying them is made; and
“compulsory purchase order” has the same meaning as in the Acquisition of Land Act 1981;
The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply in relation to the acquisition of land by agreement under this section; and in that Part as so applied “land” has the meaning given by the Interpretation Act 1978.
The Acquisition of Land Act 1981, as applied by section 77 above, shall have effect subject to the modifications in Part I of Schedule 10 to this Act.
The supplementary provisions in Parts II and III of that Schedule shall have effect, being,—
as to those in Part II, provisions about land vested in or acquired by a housing action trust under this Part of this Act; and
as to those in Part III, provisions about the acquisition by a housing action trust of rights over land under section 77(5) above.
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Subject to subsection (2) below and any directions given by the Secretary of State, a housing action trust may, with the consent of the Secretary of State, dispose of any land for the time being held by it to such persons, in such manner and on such terms as it considers expedient for the purpose of achieving its objects.
A housing action trust may not dispose of a house which is for the time being subject to a secure tenancy, ... an introductory tenancy ... except— but this subsection does not apply to a disposal under Part V of the Housing Act 1985 (the right to buy).
to a registered social landlord (within the meaning of Part I of the Housing Act 1996), or
to a non-profit registered provider of social housing, or
to a local housing authority or other local authority . . .;
The reference in subsection (1) above to disposing of land includes a reference to granting an interest in or right over land and, in particular, the granting of an option to purchase the freehold of, or any other interest in, land is a disposal for the purposes of that subsection; and a consent under that subsection given to such a disposal extends to a disposal made in pursuance of the option.
The consent of the Secretary of State referred to in subsection (1) above may be given—
either generally to all housing action trusts or to a particular trust or description of trust;
either in relation to particular land or in relation to land of a particular description; and
subject to conditions.
Without prejudice to the generality of subsection (4)(c) above, consent under subsection (1) above may, in particular, be given subject to conditions as to the price, premium or rent to be obtained by the housing action trust 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 housing action trust.
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a public sector landlord; or
the council of a county; or
any other body which the Corporation have reason to believe might not be independent of such a landlord or council;
Subsection (2) above has effect as if the saving effected by paragraph 9 of the Schedule to the Housing Act 1996 (Commencement No. 3 and Transitional Provisions) Order 1996 related also to disposals of houses subject to introductory tenancies ....
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a local housing authority;
a new town corporation within the meaning of section 4(b) of the Housing Act 1985; and
the Development Board for Rural Wales.
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an approval under this section shall not be given except to a person making an application accompanied by such fee as the Corporation, with the consent of the Secretary of State, may specify; and
an approval under this section may be made conditional upon the person or persons concerned entering into such undertakings as may be specified by the Corporation; and
if it appears to the Corporation appropriate to do so (whether by reason of a failure to honour an undertaking or to meet any criteria or for any other reason) the Corporation may revoke an approval given under this section by notice in writing served on the approved person, but such a revocation shall not affect any transaction completed before the service of the notice;
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In section 45(2)(b) of the Housing Act 1985 (which defines “public sector authority” for the purposes of provisions of that Act restricting service charges payable after disposal of a house) after the entry “an urban development corporation” there shall be inserted “a housing action trust”.
A housing action trust shall be treated as a local authority for the purposes of sections 18 to 30 of the Landlord and Tenant Act 1985 (service charges).
The provisions of Schedule 11 to this Act shall have effect in the case of certain disposals of houses by a housing action trust.
Any disposal of a house by a housing action trust which is made without the consent required by section 79(1) above 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.
Subject to subsection (1) above,—
a disposal of any land made by a housing action trust shall not be invalid by reason only that it is made without the consent required by section 79(1) above; and
a person dealing with a housing action trust or with a person claiming under such a trust shall not be concerned to see or enquire whether any consent required by section 79(1) above has been obtained.
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If, by a material disposal, a housing action trust disposes of a house which is for the time being subject to a secure tenancy to such a person as is mentioned in section 79(2)(a) above (in this section referred to as an “approved person”), the conveyance shall contain a statement that the requirement of this section as to consent applies to a subsequent disposal of the house by the approved person.
For the purposes of this section a “material disposal” is— and “the conveyance” means the instrument by which such a disposal is effected.
the transfer of the fee simple;
the transfer of an existing lease; or
the grant of a new lease;
An approved person who acquires a house on a material disposal falling within subsection (1) above shall not dispose of it except with the consent of the Secretary of State which may be given either unconditionally or subject to conditions; but nothing in this subsection shall apply in relation to an exempt disposal as defined in subsection (8) below.
Where an estate or interest in a house acquired by an approved person as mentioned in subsection (3) above has been mortgaged or charged, the prohibition in that subsection applies also to a disposal by the mortgagee or chargee in exercise of a power of sale or leasing, whether or not the disposal is in the name of the approved person; and in any case where— this section (including, where there is more than one such passing or transfer, this subsection) shall apply as if the other person to whom the property passes or is transferred were the approved person.
by operation of law or by virtue of an order of a court, property which has been acquired by an approved person passes or is transferred to another person, and
that passing or transfer does not constitute a disposal for which consent is required under subsection (3) above,
Before giving consent in respect of a disposal to which subsection (3) above applies, the Secretary of State—
shall satisfy himself that the person who is seeking the consent has taken appropriate steps to consult every tenant of any house proposed to be disposed of; and
shall have regard to the responses of any such tenants to that consultation.
If, apart from subsection (7) below, the consent of the Corporation would be required under section 9 of the Housing Associations Act 1985 (control of dispositions of land by housing associations) for a disposal to which subsection (3) above applies, the Secretary of State shall consult the Corporation before giving his consent in respect of the disposal for the purposes of this section.
No consent shall be required under the said section 9 for any disposal in respect of which consent is given in accordance with subsection (6) above.
In this section an “exempt disposal” means—
the disposal of a dwelling-house to a person having the right to buy it under Part V of the Housing Act 1985 (whether the disposal is in fact made under that Part or otherwise);
a compulsory disposal, within the meaning of Part V of the Housing Act 1985;
the disposal of an easement or rentcharge;
the disposal of an interest by way of security for a loan;
the grant of a secure tenancy or what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985;
the grant of an assured tenancy or an assured agricultural occupancy, within the meaning of Part I of this Act, or what would be such a tenancy or occupancy but for any of paragraphs 4 to 8 of Schedule 1 to this Act; and
the transfer of an interest held on trust for any person where the disposal is made in connection with the appointment of a new trustee or in connection with the discharge of any trustee.
Where the title of a housing action trust to a house which is disposed of by a material disposal falling within subsection (1) above is not registered—
section 123 of the Land Registration Act 1925 (compulsory registration of title) applies in relation to the conveyance whether or not the house is in an area in which an Order in Council under section 120 of that Act (areas of compulsory registration) is in force;
the housing action trust shall give the approved person a certificate stating that it is entitled to make the disposal subject only to such encumbrances, rights and interests as are stated in the conveyance or summarised in the certificate; and
for the purpose of registration of title, the Chief Land Registrar shall accept such a certificate as evidence of the facts stated in it, but if as a result he has to meet a claim against him under the Land Registration Acts 1925 to 1986 the housing action trust is liable to indemnify him.
On an application being made for registration of a disposition of registered land or, as the case may be, of the approved person’s title under a disposition of unregistered land, if the conveyance contains the statement required by subsection (1) above, the Chief Land Registrar shall enter in the register a restriction stating the requirement of this section as to consent to a subsequent disposal.
In this section references to disposing of a house include references to— and any reference to a statement or certificate is a reference to a statement or, as the case may be, certificate in a form approved by the Chief Land Registrar.
granting or disposing of any interest in the house;
entering into a contract to dispose of the house or to grant or dispose of any such interest; and
granting an option to acquire the house or any such interest;
This section applies where a house has been disposed of by a Corporation to disposal falling within section 79(2) above and, in relation to a house provide legal which has been so disposed of, a “transferred tenant” means a tenant of it assistance to who either—
was the secure tenant or the introductory tenant of the house immediately before the disposal; or
is the widow, widower or surviving civil partner of the person who was then the secure tenant or the introductory tenant of it.
On an application by a transferred tenant of a house who is a party or a prospective party to proceedings or prospective proceedings to determine any dispute between himself and the person who acquired the house on the disposal referred to in subsection (1) above, the appropriate authority may give assistance to the transferred tenant if it thinks fit to do so—
on the ground that the case raises a question of principle; or
on the ground that it is unreasonable, having regard to the complexity of the case, or to any other matter, to expect the transferred tenant to deal with it without assistance; or
by reason of any other special consideration.
Assistance given by the appropriate authority under this section may include— but paragraph (d) above 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 representation by a solicitor or counsel, including such assistance as is usually given by a solicitor or counsel in the steps preli*minary 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 appropriate authority may consider appropriate;
In so far as expenses are incurred by the appropriate authority in providing a transferred tenant 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 appropriate authority— 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 tenant 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;
In this section “the appropriate authority” means—
in a case where the disposal mentioned in subsection (1) was to a private registered provider of social housing, the Regulator of Social Housing, ...
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Parts IV and V of the Housing Act 1985 (secure tenancies and the right to buy) shall be amended in accordance with this section.
In section 80(1) (which lists the landlords whose tenancies can qualify as secure tenancies), after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.
In section 108 (heating charges to secure tenants), in paragraph (a) of subsection (5) (the definition of “heating authority”) after the words “housing authority” there shall be inserted “or housing action trust”.
In section 114 (meaning of “landlord authority” for the purposes of that Part), in each of subsections (1) and (2), after the entry specifying a development corporation, there shall be inserted— “ a housing action trust ”.
In section 171 (power to extend right to buy where certain bodies hold an interest in a dwelling-house), in subsection (2), after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.
In each of the following provisions (all of which relate to cases where premises are or were let to a person in consequence of employment), namely— after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.
paragraph 2(1) of Schedule I (tenancies which are not secure tenancies),
Grounds 7 and 12 of Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies),
Ground 5 of Schedule 3 (grounds for withholding consent to assignment by way of exchange), and
paragraph 5 of Schedule 5 (exceptions to the right to buy),
In Schedule 4 (qualifying period for right to buy and discount), inparagraph 7 (the landlord condition) after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.
The provisions of this section apply in any case where—
a housing action trust proposes to make a disposal of one or more houses let on secure tenancies or introductory tenancies which would result in a person who, before the disposal, is a secure tenant or an introductory tenant of the trust becoming, after the disposal, the tenant of another person, and
that other person is not a local housing authority or other local authority.
Before applying to the Secretary of State for consent to the proposed disposal or serving notice under subsection (4) below, the housing action trust shall serve notice in writing on any local housing authority in whose area any houses falling within subsection (1) above are situated—
informing the authority of the proposed disposal and specifying the houses concerned, and
requiring the authority within such period, being not less than 28 days, as may be specified in the notice, to serve on the trust a notice under subsection (3) below.
A notice by a local housing authority under this subsection shall inform the housing action trust, with respect to each of the houses specified in the notice under subsection (2) above which is in the authority’s area, of the likely consequences for the tenant if the house were to be acquired by the authority.
that the authority wishes to acquire the house or is considering its acquisition; or
that the authority does not wish to acquire the house;
Before applying to the Secretary of State for consent to the proposed disposal, and after the expiry of the period specified in the notice under subsection (2) above, the housing action trust shall serve notice in writing on ... the secure tenant or, as the case may be, introductory tenant—
informing him of the proposed disposal and of the name of the person to whom the disposal is to be made;
containing such other details of the disposal as seem to the trust to be appropriate;
informing him of the likely consequences of the disposal on his position as a ... secure tenant or an introductory tenant and, if appropriate, of the effect of sections 171A to 171H of the Housing Act 1985 (preservation of right to buy on disposal to private sector landlord);
if the local housing authority in whose area the house of which he is tenant is situated has served notice under subsection (3) above, informing him (in accordance with the information given in the notice) of the likely consequences for him if the house were to be acquired by that authority;
informing him, if he wishes to become a tenant of that authority, of his right to make representations to that effect under paragraph (f) below and of the rights conferred by section 84A below;
informing him of his right to make representations to the trust with respect to the proposed disposal within such period, being not less than 28 days, as may be specified in the notice.
If, by virtue of any representations made to the housing action trust in accordance with subsection (4)(f) above, section 84A below applies in relation to any house or block of flats, the trust shall— and in this subsection “ house ” and “ block of flats ” have the same meanings as in that section.
serve notice of that fact on the Secretary of State, on the local housing authority and on the tenant of the house or each of the tenants of the block, and
so amend its proposals with respect to the disposal as to exclude the house or block;
When applying to the Secretary of State for consent to the proposed disposal (as amended, where appropriate, by virtue of subsection (5) or subsection (5A) above) the housing action trust shall furnish to him—
a copy of any notice served on it under subsection (3) above or served by it under subsection (4) above;
a copy of any representations received by the trust; and
a statement of the consideration given by the trust to those representations.
The housing action trust shall consider any other representations so made and, if it considers it appropriate to do so having regard to any of those representations—
may amend (or further amend) its proposals with respect to the disposal, and
in such a case, shall serve a further notice under subsection (4) above (in relation to which this subsection will again apply).
Without prejudice to the generality of section 72 above, where an application is made to the Secretary of State for consent to a disposal to which this section applies, or a disposal which would be such a disposal if subsection (1)(b) above were omitted, the Secretary of State may, by a direction under that section, require the housing action trust—
to carry out such further consultation or, as the case may be, such consultation with respect to the proposed disposal as may be specified in the direction; and
to furnish to him such information as may be so specified with respect to the results of that consultation.
Notwithstanding the application to a housing action trust of Part IV of the Housing Act 1985 (secure tenancies) of Chapter 1 of Part V of the Housing Act 1996 (introductory tenancies), a disposal falling within subsection (1) above shall be treated as not being a matter of housing management to which section 105 of the Act of 1985 applies (in the case of secure tenants) or section 137 of the Act of 1996 applies (in the case of introductory tenants).
This section applies in relation to any house or block of flats specified in a notice under subsection (2) of section 84 above if—
in the case of a house, the tenant makes representations in accordance with paragraph (f) of subsection (4) of that section to the effect that he wishes to become a tenant of the local housing authority in whose area the house is situated; or
in the case of a block of flats, the majority of the tenants who make representations in accordance with that paragraph make representations to the effect that they wish to become tenants of the local housing authority in whose area the block is situated.
The Secretary of State shall by order provide for the transfer of the house or block of flats from the housing action trust to the local housing authority.
The Secretary of State may also by order transfer from the housing action trust to the local housing authority so much as appears to the Secretary of State to be appropriate of any property belonging to or usually enjoyed with the house or, as the case may be, the block or any flat contained in it; and for this purpose “ property ” includes chattels of any description and rights and liabilities, whether arising by contract or otherwise.
A transfer of any house, block of flats or other property under this section shall be on such terms, including financial terms, as the Secretary of State thinks fit; and an order under this section may provide that, notwithstanding anything in section 141 of the Law of Property Act 1925 (rent and benefit of lessee’s covenants to run with the reversion), any rent or other sum which— shall continue to be recoverable by the housing action trust to the exclusion of the authority.
arises under the tenant’s tenancy or any of the tenants’ tenancies, and
falls due before the date of the transfer,
Without prejudice to the generality of subsection (4) above, the financial terms referred to in that subsection may include provision for payments to a local housing authority (as well as or instead of payments by a local housing authority); and the transfer from a housing action trust of any house, block of flats or other property by virtue of this section shall not be taken to give rise to any right to compensation.
In this section— and any reference to a block of flats specified in a notice under section 84(2) above is a reference to a block in the case of which each flat which is let on ... a secure tenancy or an introductory tenancy is so specified.
In the first paragraph of this ground, in paragraph (d), “the employer” means any of the following persons— the chief officer of a police force; a policing body; in relation to a constable’s service under the direction and control of a person who is not a constable (the “senior person”)— the senior person, or a person or body with the function of maintaining or securing the maintenance of the body of which the senior person is a member.
For the purposes of subsection (6) above, a building which contains— shall be treated as if it were two separate buildings, the one containing the flat or flats mentioned in paragraph (a) above and the other containing the flat or flats mentioned in paragraph (b) above and any common parts.
one or more flats which are let, or available for letting, on ... secure tenancies or introductory tenancies by the housing action trust concerned, and
one or more flats which are not so let or so available,
A housing action trust may make such reasonable charges as it may determine for the tenancy or occupation of housing accommodation for the time being held by it.
A housing action trust shall from time to time review rents and make such changes, either of rents generally or of particular rents, as circumstances may require.
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This section applies where a dwelling-house is let by a housing action trust on a periodic tenancy which is not a secure tenancy, or an introductory tenancy.
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 housing action trust to the tenant.
A notice under subsection (2) above is not effective unless—
it is given at least four weeks before the first day 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 (by virtue of subsection (4) below) the increase is not to be effective, a notice to quit must be received by the trust and the tenancy be made to terminate.
Where a notice is given under subsection (2) above specifying an increase in rent with effect from 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 expiry of the period of two weeks beginning on the day following the date on which the notice of increase is given, or before the expiry of 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 rental period.
In this section “rental period” means a period in respect of which a payment of rent falls to be made.
With the approval of the Secretary of State, a housing action trust may enter into an agreement with another person whereby, in relation to any housing accommodation or other land held by the trust which is specified in the agreement, that other person shall exercise, as agent of the trust, such of the functions of the trust as are so specified.
An agreement under subsection (1) above shall set out the terms on which the functions of the housing action trust are exercisable by the person who, under the agreement, is the agent of the trust (in this Part of this Act referred to as “the agent”).
Where the agent is a body or association, an agreement under subsection (1) above may provide that the functions of the agent under the agreement may be performed by a committee or sub-committee, or by an officer, of the body or association.
The approval of the Secretary of State under subsection (1) above may be given unconditionally or subject to conditions.
References in this section to the functions of a housing action trust in relation to housing accommodation or other land include—
functions conferred by any statutory provision, and
the powers and duties of the trust as holder of an estate or interest in the housing accommodation or land in question.
A housing action trust shall use its best endeavours to secure that its objects are achieved as soon as practicable.
Where it appears to a trust that its objects have been substantially achieved, it shall—
so far as practicable, dispose or arrange to dispose of any remaining property, rights or liabilities of the trust in accordance with the preceding provisions of this Part of this Act; and
submit proposals to the Secretary of State for—
the dissolution of the trust;
the disposal to any person of any remaining property, rights or liabilities of the trust which it has not been able to dispose of or arrange to dispose of under paragraph (a) above;and
the transfer of any function exercisable by the trust to another person (including, where appropriate, a person with whom the trust has entered into an agreement under section 87 above).
The Secretary of State may by order provide for the dissolution of a housing action trust and for any such disposal or transfer as is mentioned in subsection (2)(b) above, whether by way of giving effect (with or without modifications) to any proposals submitted to him under subsection (2) above or otherwise.
Any order under this section—
where it provides for any such disposal or transfer as is mentioned in subsection (2)(b) above, may be on such terms, including financial terms, as the Secretary of State thinks fit and may create or impose such new rights or liabilities in respect of what is transferred as appear to him to be necessary or expedient;
may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions amending , repealing or otherwise modifying any enactment; and
where it provides for any such disposal or transfer as is mentioned in subsection (2)(b) above, may contain provisions—
establishing new bodies corporate to receive the disposal or transfer; or
amending, repealing or otherwise modifying any enactment for the purpose of enabling any body established under any enactment to receive the disposal or transfer;
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 “enactment” includes any instrument made under any enactment.
A housing action trust and an urban development corporation established by an order under section 135 of the Local Govemment, Planning and Land Act 1980, or a housing action trust and a Mayoral development corporation, may enter into any agreement with each other for all or any of the purposes set out in section 1(1) of the Local Authorities (Goods and Services) Act 1970, as if they were local authorities within the meaning of section I of that Act.
Without prejudice to subsection (1) above, in section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies), after the words “ “public body” means any local authority” there shall be inserted “housing action trust established under Part III of the Housing Act 1988”.
If required to do so by notice in writing given by the Secretary of State for any of the purposes mentioned in subsection (3) below, a local authority,— being a document, copy or information of a description specified in the notice.
at such time and place as may be specified in the notice, shall produce any document; or
within such period as may be so specified, or such longer period as the Secretary of State may allow, shall furnish a copy of any document or supply any information;
Where notice is given to a local authority under subsection (1) above, any officer of the authority— shall take all reasonable steps to ensure that the notice is complied with.
who has the custody or control of any document to which the notice relates, or
who is in a position to give information to which the notice relates,
The purposes referred to in subsection (1) above are—
determining whether the Secretary of State should make a designation order in respect of any area;
where a designation order is to be or has been made, detemining whether, and to what extent, he should exercise any of his other powers under this Part of this Act; and
enabling him to provide information to a housing action trust the better to enable it to carry out its functions.
Without prejudice to the generality of subsection (1) above, among the information which may be required by a notice under that subsection is information with respect to the interests in, and the occupation of, land held by a local authority and, in particular, information with respect to any matter entered in a register kept under the Land Registration Act 2002 or the Land Charges Act 1972.
To any extent to which, apart from this subsection, he would not be able to do so, the Secretary of State may use, for any of the purposes mentioned in subsection (3) above, any infor*mation obtained by him under, or in connection with his functions under, the Housing Act 1985 or any other enactment.
If the Secretary of State considers it necessary or desirable to do so in order the better to enable a housing action trust to carry out its functions, he may disclose to the trust any information originally obtained by him for a purpose falling within paragraph (a) or paragraph (b) of subsection (3) above as well as information obtained for the purpose referred to in paragraph (c) of that subsection.
In this section “local authority” has the same meaning as in section 74 above.
This section has effect in relation to any notice required or notices. authorised by this Part of this Act to be served on any person by a housing action trust.
Any such notice may be served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.
Any such notice may—
in the case of a body corporate, be given to or served on the secretary or clerk of that body; and
in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business.
For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person to or on whom a notice is to be given or served shall be his last known address, except that— and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.
in the case of a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of that body; and
in the case of a partnership or a person having the control or management of the partnership business, it shall be that of the principal office of the partnership;
If the person to be given or served with any notice mentioned in subsection (1) above has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept documents of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address.
If the name or address of any owner, lessee or occupier of land to or PART III on whom any notice mentioned in subsection (1) above is to be served cannot after reasonable inquiry be ascertained, the document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.
In this Part of this Act, except where the context otherwise requires,—
“designated area” and “designation order” have the meaning assigned by section 60(6) above;
any reference to a “house” includes a reference to a flat and to any yard, garden, outhouses and appurtenances belonging to the house or flat or usually enjoyed with it;
“housing accommodation” includes flats, lodging-houses and hostels;
“local housing authority” has the same meaning as in the Housing Act 1985 and section 2 of that Act (the district of a local housing authority) has effect in relation to this Part of this Act as it has effect in relation to that Act;
“introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996 and “introductory tenant” shall be construed accordingly;
“local authority housing” means housing accommodation provided by a local housing authority (whether in its own district or not);
“secure tenancy” has the meaning assigned by section 79 of the Housing Act 1985 and “secure tenant” shall be construed accordingly; and
“the 1990 Act” means the Town and Country Planning Act 1990
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an approval given by the Housing Corporation shall not have effect in relation to buildings or other property in Wales; and
an approval given by Housing for Wales shall not have effect in relation to buildings or other property in England.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This Part has effect for the purpose of conferring on any person who has been approved under section 94 below the right to acquire from a public sector landlord, subject to and in accordance with the provisions of this Part—
the fee simple estate in any buildings each of which comprises or contains one or more dwelling-houses which on the relevant date are occupied by qualifying tenants of the public sector landlord; and
the fee simple estate in any other property which is reasonably required for occupation with buildings falling within paragraph (a) above.
The following are public sector landlords for the purposes of this Part, namely—
a local housing authority within the meaning of section 1 of the Housing Act 1985 (in this Part referred to as “the 1985 Act”);
a new town corporation within the meaning of section 4(b) of that Act;
a housing action trust within the meaning of Part III of this Act; and
the Development Board for Rural Wales.
Subject to subsection (4) below, a secure tenant of a public sector landlord is a qualifying tenant for the purposes of this Part if (and only if) his secure tenancy is held directly from the landlord as owner of the fee simple estate and, in relation to any acquisition or proposed acquisition under this Part, any reference in the following provisions of this Part to qualifying tenant is a reference only to a qualifying tenant of the public sector landlord from whom the acquisition is or is proposed to be made.
A secure tenant is not a qualifying tenant for the purposes of this Part if—
he is obliged to give up possession of the dwelling-house in pursuance of an order of the court or will be so obliged at a date specified in such an order; or
the circumstances are as set out in any of paragraphs 5 to 11 of Schedule 5 to the 1985 Act (exceptions to right to buy).
In this Part “the relevant date”, in relation to an acquisition or proposed acquisition under this Part, means the date on which is made the application under section 96 below claiming to exercise the right conferred by this Part.
The right conferred by this Part shall not be exercisable except by a person who is for the time being approved by the Corporation under this section; and neither a public sector landlord nor the council of a county nor any other body which the Corporation have reason to believe might not be independent of such a landlord or council may be approved under this section.
For the purposes of subsection (1) above, a body shall not be regarded as independent of a public sector landlord or the council of a county if the body is or appears likely to be under the control of, or subject to influence from, such a landlord or council or particular members or officers of such a landlord or council.
The Corporation shall establish (and may from time to time vary) criteria to be satisfied by a person seeking approval under this section and, without prejudice to subsections (1) and (2) above, in deciding whether to give such approval, the Corporation shall have regard to whether the person satisfies those criteria.
Subject to any directions under section 76 of the Housing Associations Act 1985 (directions by the Secretary of State), an approval under this section— and different fees may be specified under paragraph (a) above for different descriptions of cases.
shall not be given except to a person making an application accompanied by such fee as the Corporation, with the consent of the Secretary of State, may specify; and
may be given to a particular person or to persons of a particular description; and
may apply either in relation to acquisitions generally or in relation to a particular acquisition or acquisitions or in relation to acquisitions made in a particular area or within a particular period; and
may be made conditional upon the person or persons concerned entering into such undertakings as may be specified by the Corporation;
Subject to any directions under section 76 of the Housing Associations Act 1985, if it appears to the Corporation appropriate to do so (whether by reason of a failure to honour an undertaking or to meet any criteria or for any other reason), the Corporation may revoke an approval given under this section by notice in writing served on the approved person; and where such a notice of revocation is served— but the service of a notice under this subsection shall not affect any transaction completed before the service of the notice.
the revocation shall be provisional until the expiry of such period, being not less than 14 days, as may be specified in the notice;
if the Corporation withdraws the notice at any time during the specified period, the approval shall be treated as never having been revoked; and
subject to paragraph (b) above, after the date of service of the notice, the person concerned may not take any steps in connection with a claim to exercise the right conferred by this Part;
In the case of a body which has been approved under this section which does not have a registered office (at which documents can be served) and which appears to the Corporation to have ceased to exist or not to operate, notice under subsection (5) above shall be deemed to be served on the body if it is served at the address last known to the Corporation to be the principal place of business of the body.
The Housing Corporation and Housing for Wales shall each maintain a register of persons for the time being approved by it under this section, specifying the extent of the approval given in each case; and each register so maintained shall be open to inspection at the head office of the Corporation by which it is maintained at all reasonable times.
A building shall be excluded from an acquisition under this Part if on the relevant date— and for the purposes of this subsection the internal floor area of any common parts or common facilities shall be disregarded.
any part or parts of the building is or are occupied or intended to be occupied otherwise than for residential purposes; and
the internal floor area of that part or those parts (taken together) exceeds 50 per cent. of the internal floor area of the building (taken as a whole);
In the application of subsection (1) above to property falling within section 93(1)(b) above, a building or part of a building which, apart from this subsection, would not be regarded as occupied for residential purposes shall be so regarded if—
it is or is intended to be occupied together with a dwelling-house and used for purposes connected with the occupation of the dwelling-house; or
it is or is intended to be used for the provision of services to a dwelling-house which is comprised in a building falling within section 93(1)(a) above.
A building shall be excluded from an acquisition under this Part if—
it contains two or more dwelling-houses which on the relevant date are occupied by secure tenants who are not qualifying tenants; and
the number of dwelling-houses which on that date are occupied by such tenants exceeds 50 per cent. of the total number of dwelling-houses in the building.
A dwelling-house shall be excluded from an acquisition under this Part if it is a house and it is occupied on the relevant date by—
a secure tenant who is precluded from being a qualifying tenant by section 93(4)(b) above; or
a tenant who is not a secure tenant.
A building or other property shall be excluded from an acquisition under this Part if—
it was specified in some other application made under section 96 below made before the relevant date; and
that other application has not been disposed of.
Except to the extent that it comprises or is let together with a dwelling-house, property shall be excluded from an acquisition under this Part if it is land held—
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).
The Secretary of State may by order substitute for the percentage for the time being specified in subsection (1)(b) above such other percentage as is specified in the order.
An application claiming to exercise the right conferred by this Part—
shall be made in the prescribed form to the public sector landlord concerned; and
shall specify and be accompanied by a plan which shows—
the buildings proposed to be acquired by virtue of paragraph (a) of subsection (1) of section 93 above; and
the property proposed to be acquired by virtue of paragraph (b) of that subsection.
Where an application claiming to exercise the right conferred by this Part specifies, as a building proposed to be acquired by virtue of section 93(1)(a) above, a building containing a dwelling-house which is subject to an approved co-operative management agreement, the application—
shall specify all the buildings which contain dwelling-houses subject to the agreement and in which the public sector landlord has the fee simple estate; and
shall not specify (by virtue of paragraph (a) or paragraph (b) of subsection (1) of section 93 above) any building which contains dwelling-houses if none of them is subject to the agreement.
For the purposes of subsection (2) above, an approved co-operative management agreement is an agreement—
which is made with the approval of the Secretary of State under section 27 of the Housing Act 1985, either as originally enacted or as substituted by section 10 of the Housing and Planning Act 1986; and
under which the body exercising functions of the local housing authority is a society, company or body of trustees approved by the Secretary of State for the purposes of subsection (2) above.
Within four weeks of the relevant date, the landlord shall serve on the applicant a notice specifying—
the name and address of every tenant or licensee of a dwelling-house which the buildings proposed to be acquired by virtue of section 93(1)(a) above comprise or contain; and
the general nature of his tenancy or licence.
As from four weeks after that date, the applicant shall have the following rights, namely—
a right of access, at any reasonable time and on giving reasonable notice, to any property proposed to be acquired which is not subject to a tenancy;
a right, on giving reasonable notice, to be provided with a list of any documents to which subsection (3) below applies;
a right to inspect, at any reasonable time and on giving reasonable notice, any documents to which that subsection applies; and
a right, on payment of a reasonable fee, to be provided with a copy of any documents inspected under paragraph (c) above.
This subsection applies to any document in the possession of the landlord—
sight of which is reasonably required for the purpose of pursuing the application; and
which, on a proposed sale by a willing vendor to a willing purchaser of the property proposed to be acquired, the landlord, as vendor, would be expected to make available to the purchaser (whether at or before contract or completion).
In this section “document” has the same meaning as in Part I of the Civil Evidence Act 1968.
Within twelve weeks of the relevant date, the landlord shall serve on the applicant a notice stating—
which (if any) of the buildings proposed to be acquired by virtue of paragraph (a) of subsection (1) of section 93 above should be excluded from the acquisition on the ground that they do not comprise or contain one or more dwelling-houses which on the relevant date were occupied by qualifying tenants;
which (if any) property proposed to be acquired by virtue of paragraph (b) of that subsection should be excluded from the acquisition on the ground that it is not reasonably required for occupation with any of the buildings proposed to be acquired by virtue of paragraph (a) of that subsection or that it is reasonably required for occupation with such of those buildings as should be excluded from the acquisition on the ground mentioned in paragraph (a) above;
which (if any) property proposed to be acquired by virtue of either paragraph of that subsection should be excluded from the acquisition on the ground that its inclusion is precluded by section 95 above or that it is reasonably required for occupation with property the inclusion of which is so precluded or that it is a building which is excluded from the acquisition by virtue of section 96(2)(b) above;
which property (if any) the landlord desires to have included in the acquisition on the ground that it cannot otherwise be reasonably managed or maintained;
which rights (if any) the landlord desires to retain over property included in the acquisition on the ground that they are necessary for the proper management or maintenance of land to be retained by the landlord;
the other proposed terms of the conveyance; and
such other particulars as may be prescribed.
A building which is excluded from an acquisition by virtue of section 95 or section 96(2)(b) above may not be included by virtue of subsection (1)(d) above.
Where a notice under subsection (1) above specifies property falling within paragraph (d) of that subsection, the applicant shall have a right of access, at any reasonable time and on giving reasonable notice, to any of that property which is not subject to a tenancy.
Within four weeks of service of the notice under subsection (1) above, the applicant shall notify the landlord in writing of any matters stated in that notice which he does not accept.
Any dispute as to any matters stated in a notice under subsection (1) above shall be determined—
by a person agreed to by the parties or, in default of agreement, appointed by the Secretary of State; and
in accordance with such provisions (including provisions as to costs) as may be prescribed.
In relation to a proposed acquisition under this Part, any reference in the following provisions of this Part to the property to which the acquisition relates is a reference to the whole of the property which, in accordance with the provisions of this section, is to be acquired, disregarding the effect of any exclusion by virtue of regulations under section 100 below.
For the purposes of this ground, if, immediately before the grant of the tenancy, the tenant to whom it was granted or, if it was granted to joint tenants, any of them was the tenant or one of the joint tenants under an earlier assured tenancy of the dwelling-house concerned, any reference in paragraph (b) above to the grant of the tenancy is a reference to the grant of that earlier assured tenancy.
if there is no dispute as to any of the matters stated in the notice under section 98(1) above, the service of that notice, or
if there is such a dispute, the determination of the dispute,
“property” means land with or without buildings;
the price which, disregarding sections 100(3) and 103(1) below, it considers should be payable for the property to be acquired or, as the case may be, the disposal cost which, disregarding section 100(3) below, is attributable to the property to be acquired by virtue of subsection (3) below; and
if the property to which the acquisition relates includes dwelling-houses which are houses as well as other property, an amount which the landlord considers to be the amount attributable to houses as defined in section 100(4)(b) below.
“habitable room”, in relation to a house, means a room used, or intended for use, as a bedroom, living room, dining room or kitchen.
if the property to which the acquisition relates includes dwelling-houses which are houses as well as other property, an amount which the landlord considers to be the amount attributable to houses as defined in section 100(4)(b) below.
But if— the terms of the tenancy agreement do not make any provision about that question, there are two or more specified conditions, and the tenant no longer meets one or more of those conditions, the tenant no longer meets the specified conditions for the purposes of this ground.
Subject to sections 100(3) and 103(1) below, the price payable for the property to be acquired shall be the price which on the relevant date the property to which the acquisition relates would realise if sold on the open market by a willing vendor on the following assumptions, namely—
that it was sold subject to any tenancies subsisting on that date but otherwise with vacant possession;
that it was to be conveyed with the same rights and subject to the same burdens as it would be in pursuance of the right of acquisition;
that the only bidders in the market were persons who on that date either were approved under section 94 above or fulfilled the criteria for approval established under subsection (3) of that section;
that the applicant would, within a reasonable period, carry out such works as are reasonably necessary to put the buildings included in the acquisition into the state of repair required by the landlord’s repairing obligations; and
that the applicant would not be required to grant any leases in pursuance of regulations made under section 100 below.
Subject to section 100(3) below, there is a disposal cost attributable to the property to be acquired if, having regard to the expense likely to be incurred in carrying out the works referred to in paragraph (d) of subsection (2) above, the property to which the acquisition relates would not realise any price in the circumstances specified in that subsection; and that disposal cost is the amount by which the expense likely to be so incurred exceeds what would be determined under that subsection as the price if those works had already been carried out.
The notice under subsection (1) above shall contain sufficient information to enable the applicant to see how the price or, as the case may be, disposal cost and any amount referred to in sub-paragraphs (i) and (ii) of subsection (1) above were arrived at and, if the property to which the acquisition relates consists of or includes any dwelling-houses which are houses, the notice shall also contain a list of the addresses of the houses together with the number of habitable rooms in each of them.
Within four weeks of service of the notice under subsection (1) above, the applicant shall notify the landlord in writing of any matters stated in that notice which he does not accept.
Any dispute as to any matters stated in a notice under subsection (1) above shall be determined by the district valuer, in accordance with such provisions (including provisions as to costs) as may be prescribed.
In a notice under subsection (1) above or by a separate notice given to the applicant not later than seven days after the date of a determination under subsection (6) above, the landlord may notify the applicant that if there is a disposal cost which is such that, in accordance with regulations under section 104(2A) below, it may be paid by instalments, the landlord intends to pay that cost by instalments.
Where the landlord notifies the applicant as mentioned in subsection (7) above, he shall furnish to the applicant, in such form and certified in such manner as may be prescribed, such information as may be prescribed in order to enable the applicant to consider the application of the regulations to the disposal cost and to assess the likely effect of the payment by instalments.
The Secretary of State shall make regulations imposing the following requirements in relation to any acquisition under this Part, namely—
that any dwelling-house which is a house and is occupied by a tenant to whom subsection (2) below applies shall be excluded from the acquisition; and
that a lease of any dwelling-house which is a flat and is occupied by a tenant to whom subsection (2) below applies or by a tenant of a description prescribed for the purposes of this paragraph shall be granted by the applicant to the landlord immediately after the acquisition.
This subsection applies— being, in either case, a tenant who, before the end of the period mentioned in section 102 below and in response to the consultation under that section, gives notice as mentioned in section 103(2) below of his wish to continue as a tenant of the landlord.
to any qualifying tenant whose tenancy commenced before the relevant date, and
to any tenant of a description prescribed for the purposes of this subsection,
If, by virtue of regulations under this section, any houses fall to be excluded from the acquisition—
there shall be determined the sum (in this subsection referred to as “the sum referable to excluded houses”) which represents that proportion of the amount attributable to houses which the number of habitable rooms in the houses which fall to be so excluded bears to the number of habitable rooms in all of the houses comprised in the property to which the acquisition relates; and
if the amount attributable to houses is a price, the sum referable to excluded houses shall be applied as a deduction from any price payable for the property to be acquired, as determined under section 99 above, and as an increase in any disposal cost attributable to that property; and
if the amount attributable to houses is a disposal cost, the sum referable to excluded houses shall be applied as an increase in any price payable for the property to be acquired, as determined under section 99 above, and as a deduction from any disposal cost attributable to that property.
In section 99(1)(ii) and subsection (3) above, “the amount attributable to houses”, in relation to an acquisition under this Part, means,—
if the property to which the acquisition relates consists of dwelling-houses which are houses and no other property, the price or, as the case may be, disposal cost specified in accordance with section 99(1)(i) above; and
in any other case, the price or disposal cost which, under subsection (2) or subsection (3) of section 99 above, would be payable for, or attributable to, the property to which the acquisition relates if there were excluded from that property all property other than dwelling-houses which are houses.
Subject to subsection (4)(a) below, this section applies to any tenancy of or licence to occupy any part of the property proposed to be acquired, being a tenancy or licence commencing,—
in the case of property falling within paragraph (d) of subsection (1) of section 98 above, after the date of the notice under that subsection;
in any other case, after the relevant date.
Notwithstanding anything in any enactment, a tenancy or licence to which this section applies— and neither Part II of the Landlord and Tenant Act 1954 (business tenancies) nor Parts III to VI of the Agricultural Holdings Act 1986 (tenancies of agricultural holdings, including market gardens and smallholdings) nor the Agricultural Tenancies Act 1995 (farm business tenancies) shall apply to a tenancy or licence to which this section applies.
shall not be a secure tenancy, and
shall not be capable of becoming an assured tenancy or an assured agricultural occupancy,
Every tenancy or licence to which this section applies shall be determinable by the landlord or licensor by giving not less than four weeks notice to quit expiring at any time during the tenancy; and this subsection has effect whether or not the tenancy or licence is periodic and, if it is periodic, regardless of the length of the period.
The Secretary of State may make regulations—
excluding from the tenancies and licences to which this section applies a tenancy or licence of a description specified in the regulations;
requiring the public sector landlord to give notice to the applicant of the grant of any tenancy or licence to which this section applies;
requiring the public sector landlord to give notice of the effect of this section to any tenant or licensee under a tenancy or licence to which this section applies;
for securing that, on the transfer of the property included in the acquisition to the applicant, the public sector landlord gives vacant possession of any property subject to a tenancy or licence to which this section applies;
that, in so far as vacant possession is not so given, any costs or expenses attributable to the recovery of vacant possession by the applicant and any losses consequent upon the failure of the public sector landlord to give vacant possession are recoverable by the applicant from that landlord as a simple contract debt; and
making provision for and in connection with the disapplication of this section in any case where the applicant does not proceed with the acquisition.
During such period as may be prescribed beginning with,— the applicant shall consult, in accordance with such provisions as may be prescribed, tenants to whom this section applies.
if there is a determination by the district valuer under section 99 above, notification to the applicant of that determination,
if there is no such determination, service of the landlord’s notice under that section,
This section applies—
to any qualifying tenant, or tenant under a long tenancy, who on the relevant date occupied a dwelling-house proposed to be included in the acquisition and continued to occupy the dwelling during the period referred to in subsection (1) above; and
to any tenant of a description prescribed for the purposes of section 100(2) above; and
to any tenant of a description prescribed for the purposes of this section.
Subject to subsection (2) below, the applicant may, within two weeks of the end of the period mentioned in section 102 above, serve on the landlord notice of his intention to proceed with the acquisition; and in that notice the applicant, in such circumstances as may be prescribed, may inform the landlord—
that he wishes to enter into a prescribed covenant to make payments to the landlord on the occasion of any prescribed disposal (occurring after the date of the acquisition) of a dwelling-house comprised in the property to be acquired; and
that he requires the value of that covenant to be taken into account in reducing the price which would otherwise be payable for the property to be acquired.
The applicant shall not be entitled to serve a notice under subsection (1) above if, in response to the consultation under section 102 above,—
less than 50 per cent. of the tenants to whom that section applies have given notice of their wishes in such manner as may be prescribed; or
the number of tenants to whom that section applies who have given notice in that manner of their wish to continue as tenants of the landlord exceeds 50 per cent. of the total number of tenants to whom that section applies.
In any case where a tenancy is held by two or more persons jointly, those persons shall be regarded as a single tenant for the purposes of subsection (2) above and, accordingly, any notice given in response to the consultation under section 102 above shall be of no effect for the purposes of subsection (2) above unless it is given by or on behalf of all the joint tenants.
A notice under subsection (1) above shall contain—
a list of the names and addresses of tenants to whom section 102 above applies (if any) who have given notice as mentioned in subsection (2)(b) above;
a list of the houses (if any) which are, by virtue of regulations under section 100 above, to be excluded from the acquisition;
a list of flats (if any) of which the applicant is required, by virtue of such regulations, to grant leases to the landlord and a statement of the proposed terms of those leases;
such information as may be necessary to show how the lists mentioned in paragraphs (a), (b) and (c) above were established; . . .
the price payable for the property to be acquired (disregarding any reduction by virtue of such a covenant as is referred to in subsection (1) above) or, as the case may be, the disposal cost attributable to that property and
if there is a disposal cost attributable to that property and the landlord has notified the applicant as mentioned in section 99(7) above of his intention to pay the disposal cost by instalments, either a statement of the basis on which, in accordance with regulations under section 104(2A) below, the disposal cost is to be paid by instalments or a statement that the disposal cost is not such that those regulations permit it to be paid by instalments.
Within two weeks of service of the notice under subsection (1) above, the landlord shall notify the applicant in writing of any matters stated in that notice which it does not accept.
Where a notice has been served under subsection (1) above, every tenant to whom section 102 above applies and who has not given notice as mentioned in subsection (2)(b) above shall be taken to have accepted, and to have given consideration for, any offer which—
relates to the terms on which, after the acquisition, he is to occupy the dwelling-house occupied by him on the relevant date;
was made to him by the applicant either in the course of the consultation required by subsection (1) of section 102 above or otherwise before the end of the period referred to in that subsection; and
was neither withdrawn by the applicant nor rejected by the tenant before the end of that period.
Regulations prescribing any of the matters referred to in subsection (1) above shall also make provision with respect to the determination of the amounts which are to be payable on the occasion of prescribed disposals; and the amount of any reduction in the price payable for the property to be acquired which is attributable to such a covenant as is referred to in that subsection shall be determined by the district valuer.
Where the applicant has served on the landlord a notice under section 103(1) above, then, as soon as any dispute as to any matters stated in that notice has been determined and, where appropriate, any determination has been made under section 103(7) above—
the landlord shall make to the applicant a grant of the property included in the acquisition for an estate in fee simple absolute, but subject to any rights to be retained by the landlord; and
the applicant shall grant to the landlord leases of any flats of which he is required to grant leases by regulations under section 100 above.
The terms of any grant or lease under subsection (1) above shall comply with such requirements as may be prescribed.
The duties imposed by the preceding provisions of this section are enforceable by injunction.
In such cases as may be prescribed and where the applicant has been notified as mentioned in section 99(7) above, a disposal cost may be paid by instalments of such amounts (which may include interest) and payable at such times and over such period as may be prescribed.
Notwithstanding anything in section 141 of the Law of Property Act 1925 (rent and benefit of lessee’s covenants to run with the reversion) any rent or other sum which— shall continue to be recoverable by the landlord to the exclusion of the applicant and of any other person in whom the reversion on the tenancy may become vested.
arises under a tenancy of any property included in the acquisition, and
falls due before the date of the grant under subsection (1) above,
Without prejudice to the application of Part IV of the Local Government and Housing Act 1989 (revenue accounts and capital finance of local authorities) to the price received by the landlord on the disposal (as mentioned in subsection (1)(a) above) of the property included in the acquisition, where there is a disposal cost attributable to that property any payments made by the landlord in respect of that cost shall be expenditure for capital purposes for the purposes of that Part.
A person who acquires any property under this Part (in this section referred to as “the new landlord”) shall not dispose of it except with the consent of the Secretary of State; but nothing in this subsection shall apply in relation to an exempt disposal, as defined in subsection (7) below.
Where an estate or interest in property acquired by the new landlord has been mortgaged or charged, the prohibition in subsection (1) above on disposal of the property without consent applies also to a disposal by the mortgagee or chargee in exercise of a power of sale or leasing, whether or not the disposal is in the name of the new landlord.
In any case where— this section (including, where there is more than one such passing or transfer, this subsection) shall apply as if the other person to whom the property passes or is transferred were the new landlord.
by operation of law or by virtue of an order of a court property which has been acquired by the new landlord passes or is transferred to another person, and
that passing or transfer does not constitute a disposal for which consent is required under subsection (1) above,
Any consent for the purposes of subsection (1) above may be given either unconditionally or subject to conditions; but, before giving any such consent, the Secretary of State— and, without prejudice to the generality of the conditions subject to which consent may be given, a condition may be imposed requiring a payment by the new landlord either to the public sector landlord from whom he or, where subsection (3) above applies, a predecessor of his acquired the property or to such other person as may be specified in the consent.
shall satisfy himself that the person who is seeking the consent has taken appropiate steps to consult every tenant of the whole or any part of the property proposed to be disposed of; and
shall have regard to the responses of any such tenants to that consultation
If, apart from subsection (6) below, the consent of the Housing Corporation or Housing for Wales would be required under section 9 of the Housing Associations Act 1985 (control of dispositions of land by housing associations) for a disposal to which subsection (1) above applies, the Secretary of State shall consult that body before giving his consent in respect of that disposal for the purposes of that subsection.
No consent shall be required under the said section 9 for any disposal in respect of which consent is given in accordance with subsection (5) above.
In this section an “exempt disposal” means—
the grant of a lease pursuant to such a requirement as is referred to in section 100(1)(b) above;
the disposal of a dwelling-house to a person exercising the right to buy it under Part V of the 1985 Act;
a compulsory disposal, within the meaning of Part V of the 1985 Act;
the disposal of an easement or rentcharge;
the disposal of an interest by way of security for a loan;
the grant of a secure tenancy or what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the 1985 Act;
the grant of an assured tenancy, within the meaning of Part I of this Act, or what would be such a tenancy but for any of paragraphs 4 to 8 of Schedule 1 to this Act; and
the transfer of an interest which is held on trust where the disposal is made in connection with the appointment of a new trustee or in connection with the discharge of any trustee.
In this section references to disposing of property include references to—
granting or disposing of any interest in property;
entering into a contract to dispose of property or to grant or dispose of any such interest; and
granting an option to acquire property or any such interest.
The Corporation may provide in connection with this Part a service of information, advice and assistance to, and for the benefit of,—
persons who have been approved or are considering applying for approval under section 94 above; and
persons who are tenants of public sector landlords.
The Corporation may make charges for information, advice and assistance provided under this section otherwise than to persons falling within subsection (1)(b) above.
The powers conferred on the Corporation by this section may be exercised by the Housing Corporation and Housing for Wales acting jointly.
On an application by the tenant of a dwelling-house who is a party or a prospective party to proceedings or prospective proceedings falling within subsection (2) below, the Corporation may give assistance to the tenant if it thinks fit to do so—
on the ground that the case raises a question of principle; or
on the ground that it is unreasonable, having regard to the complexity of the case, or to any other matter, to expect the tenant to deal with it without assistance; or
by reason of any other special consideration.
The proceedings referred to in subsection (1) above are— and for the purposes of paragraph (b) above a tenant of a dwelling-house is a transferred tenant of it if he was the qualifying tenant of it at the time of the acquisition or is the widow or widower of the person who was then the qualifying tenant of it.
proceedings to determine any question arising in relation to an acquisition or proposed acquisition under this Part; and
proceedings to determine any dispute arising after an acquisition under this Part between a transferred tenant of a dwelling-house included in the acquisition and the body by which the acquisition was made;
Assistance given by the Corporation under this section may include— but paragraph (d) above 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 representation by a solicitor or counsel, including such assistance 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 Corporation may consider appropriate;
In so far as expenses are incurred by the Corporation in providing the tenant 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 Corporation— but subject to any charge under the Legal Aid Act 1988 and to any provision of that Act for payment of any sum to the Legal Aid Board.
on any costs which (whether by virtue of a judgment or order of a court or an agreement or otherwise) are payable to the tenant 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;
Schedule 12 to this Act shall have effect with respect to registration of title and related matters arising on acquisitions of property under this Part and disposals of property so acquired.
To the extent that any land held— is included in an acquisition under this Part, it 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 that section.
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),
Nothing in section 5 of the Green Belt (London and Home Counties) Act 1938 (restrictions on alienation of land by local authorities) applies in relation to a disposal of land included in an acquisition under this Part.
In this section “relevant period” means any period within which anything is required by this Part to be done by either of the parties, that is to say, the applicant and the landlord.
At any time before the end of any relevant period, or any such period as previously extended under this subsection, the other party may, by a written notice served on the party to whom the requirement relates, extend or further extend that period.
Where a notice of revocation of the applicant’s approval is served under subsection (5) of section 94 above and subsequently withdrawn as mentioned in paragraph (b) of that subsection, any relevant period which, apart from this subsection, would have expired before the withdrawal shall be taken to be extended by a period equal to that beginning with the date of the service of the notice of revocation and ending on the date of the withdrawal.
Where— his application claiming to exercise the right conferred by this Part shall be deemed to be withdrawn, but without prejudice to his making a further such application.
the applicant is the party to whom the requirement relates, and
the relevant period, or that period as extended under subsection (2) above, expires without his doing what he is required by this Part to do within that period,
The Secretary of State may by regulations prescribe—
anything which by this Part is to be prescribed; and
the form of any notice, statement or other document which is required or authorised to be used under or for the purposes of this Part.
Any power of the Secretary of State to make orders or Orders and regulations under this Part shall be exercised by statutory instrument.
A statutory instrument containing any order or regulations under this Part, other than regulations under section III(b) above, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Orders or regulations under this Part may make different provision for different cases or circumstances or different areas and may contain such incidental, supplemental or transitional provisions as the Secretary of State thinks fit.
Subject to sections 98(5) and 99(6) above, a county court has jurisdiction—
to entertain any proceedings brought under this Part; and
to determine any question arising under this Part.
The jurisdiction conferred by this section includes jurisdiction to entertain proceedings on any such question as is mentioned in subsection (1) above notwithstanding that no other relief is sought than a declaration.
If a person takes in the High Court proceedings which, by virtue of this section, he could have taken in the county court, he shall not be entitled to recover any more costs of those proceedings than those to which he would have been entitled if the proceedings had been taken in a county court.
In a case falling within subsection (3) above the taxing master shall have the same power of directing on what scale costs are to be allowed, and of allowing any item of costs, as the judge would have had if the proceedings had been taken in a county court.
In this Part—
an approval given by the Housing Corporation shall not have effect in relation to buildings or other property in Wales; and
an approval given by Housing for Wales shall not have effect in relation to buildings or other property in England;
Subject to subsection (1) above, in this Part expressions which are also used in Part V of the 1985 Act have the same meaning as in that Part.
With respect to — section 127 of the Rent Act 1977 (allowable premiums in relation to certain long tenancies) shall have effect subject to the amendments in subsections (2) and (3) below.
any premium received or required to be paid after the commencement of this Act, or
any loan required to be made after that commencement,
For subsections (2) and (3) there shall be substituted the following subsections—
Subsections (3C) and (3D) shall be omitted and in subsection (5) for “(2)(c)” there shall be substituted “(2)(b)”.
Expressions used in subsection (1) above have the same meaning as in Part IX of the Rent Act 1977.
In section II of the Landlord and Tenant Act 1985 (repairing obligations in short leases) after subsection (1) there shall be inserted the following subsections—
After subsection (3) of that section there shall be inserted the following subsection—
a housing action trust established under Part 111 of the Housing Act 1988
The amendments made by this section do not have effect with respect to—-
a lease entered into before the commencement of this Act; or
a lease entered into pursuant to a contract made before the commencement of this Act.
In section 283 of the Insolvency Act 1986 (definition of bankrupt’s estate) at the end of subsection (3) (property excluded from the estate) there shall be inserted the following subsection—
After section 308 of that Act there shall be inserted the following section—
In section 309 of that Act (time-limit for certain notices) in subsection (1)(b)—
after the words “section 308” there shall be inserted “or section 308A”; and
after the words “the property” there shall be inserted “or tenancy”.
In section 315 of that Act (disclaimer (general power)), in subsection (4) after the words “reasonable replacement value)” there shall be inserted “or 308A”.
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In section 31 of the Bankruptcy (Scotland) Act 1985 (vesting of debtor’s estate at date of sequestration) in subsection (8) after the word “means” there shall be inserted the words “, subject to subsection (9) below,”.
After the said subsection (8) there shall be added the following subsections—
The Landlord and Tenant Act 1987 shall have effect subject to the amendments in Schedule 13 to this Act.
Section 63 of the Rent Act 1977 (schemes for the appointment of rent officers) shall have effect subject to the amendments in Part I of Schedule 14 to this Act and after section 64 of that Act there shall be inserted the sections set out in Part II of that Schedule.
The Secretary of State may by order require rent officers to carry out such functions as may be specified in the order in connection with housing benefit and rent allowance subsidy.
An order under this section— and the first order under this section shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
shall be made by statutory instrument which, except in the case of the first order to be made, shall be subject to annulment in pursuance of a resolution of either House of Parliament;
may make different provision for different cases or classes of case and for different areas; and
may contain such transitional, incidental and supplementary provisions as appear to the Secretary of State to be desirable;
In subsection (7) of section 63 of the Rent Act 1977 (expenditure arising in connection with rent officers etc.), in paragraph (a) after the words “this section” there shall be inserted “or an order under section 121 of the Housing Act 1988”.
At the end of section 21(6) of the Social Security Act 1986 (regulations prescribing maximum family credit and maximum housing benefit) there shall be added the words “and regulations prescribing the appropriate maximum housing benefit may provide for benefit to be limited by reference to determinations made by rent officers in exercise of functions conferred under section 121 of the Housing Act 1988”.
In section 30 of that Act (housing benefit finance) at the end of subsection (2) there shall be added the words “and, in relation to rent allowance subsidy, the Secretary of State may exercise his discretion as to what is unreasonable for the purposes of paragraph (b) above by reference to determinations made by rent officers in exercise of functions conferred under section 121 of the Housing Act 1988”.
In section 51(1)(h) of that Act (regulations may require information etc. needed for determination of a claim) the reference to information or evidence needed for the determination of a claim includes a reference to information or evidence required by a rent officer for the purpose of a function conferred on him under this section.
In this section “housing benefit” and “rent allowance subsidy” have the same meaning as in Part II of the Social Security Act 1986.
Section 131 of the Housing Act 1985 (limits on amount of discount in relation to the right to buy) shall be amended in accordance with subsections (2) and (3) below.
In subsection (1) (the cost floor provision) for paragraph (a) there shall be substituted the following paragraph—.
After subsection (1) there shall be inserted the following subsection—
This section has effect in relation to the determination of discount in any case where— and, for the purposes of this subsection, no account shall be taken of any steps taken under section 177 of that Act (amendment or withdrawal and re-service of notice to correct mistakes).
the relevant time falls on or after the date on which this section comes into force; or
paragraph (a) above does not apply but the landlord has not before that date served on the tenant a notice complying with section 125 of the Housing Act 1985; or
the tenant has before that date claimed to exercise the right to be granted a shared ownership lease but the landlord has not before that date served on the tenant a notice complying with section 147 of that Act; or
the tenant has before that date served a notice under paragraph I of Schedule 8 to that Act (claiming to exercise the right to acquire an additional share under a shared ownership lease but the landlord has not before that date served a notice under sub- paragraph (3) of that paragraph;
Expressions used in subsection (4) above have the same meaning as in Part V of the Housing Act 1985.
Schedule 5 of the Housing Act 1985 (exceptions to the right to buy) shall be amended in accordance with this section.
Paragraphs 6 and 8 shall be omitted. Housing Act 1985.
The repeal by this Act of paragraphs 6 and 8 of Schedule 5 shall not affect the operation of either of those paragraphs in any case where the tenant’s notice claiming to exercise the right to buy was served before the repeal comes into force unless, at that time, no notice in response had been served under section 124 of the Housing Act 1985 (landlord’s notice admitting or denying right to buy).
For the purposes of subsection (3) above, no account shall be taken of any steps taken under section 177 of the Housing Act 1985 (amendment or withdrawal and re-service of notice to correct mistakes).
After section 153 of the Housing Act 1985 there shall be inserted the following sections—
Section 37 of the Housing Act 1985 (restriction on disposals of dwelling-houses in National Parks etc.) shall be amended in accordance with this section.
In subsection (2) (the covenanted limitation) after the word “his” there shall be inserted “ “(a) ” and at the end there shall be addedand .
In subsection (3) (disposals limited to persons employed or living locally) after the words “application for consent” there shall be inserted the words “ or, in the case of a disposal by way of tenancy or licence, preceding the disposal ”.
At the end of subsection (4) (disposals in breach of covenant to be void) there shall be addedand, 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— .
After subsection (4) there shall be inserted the following subsection—
This section has effect where the conveyance, grant or assignment referred to in subsection (1) of section 37 is executed on or after the commencement of this Act.
In Part V of the Housing Act 1985 (the right to buy), section 157 (restriction on disposal of dwelling-houses in National Parks etc.) shall be amended in accordance with this section.
In subsection (2) (the covenanted limitation) after the word “his” there shall be inserted “ “(a) ” and at the end there shall be addedand— .
In subsection (3) (disposals limited to persons employed or living locally) after the words “application for consent” there shall be inserted the words “ “or, in the case of a disposal by way of tenancy or licence, preceding the disposal ”.
At the end of subsection (6) (disposals in breach of covenant to be void) there shall be addedand, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the landlord as if— .
After subsection (6) there shall be inserted the following subsection—
This section has effect where the conveyance or grant referred to in subsection (1) of section 157 is executed on or after the commencement of this Act.
In subsection (4) of section 171B of the Housing Act 1985 for paragraph (a) there shall be substituted the following paragraphs—.
In subsection (2)(a) of section 171C of that Act after the word “paragraphs” there shall be inserted “ “1, 3 and ”.
After subsection (4) of that section there shall be added the following subsection—
After section 81 of the Housing (Scotland) Act 1987 there shall be inserted the following section—
In accordance with a scheme made by a local housing authority and , where the authority is in Wales, approved by the Secretary of State under this section, the authority may make grants to or for the benefit of qualifying tenants or licensees of the authority with a view to assisting each person to whom or for whose benefit a grant is made to obtain accommodation otherwise than as a tenant or licensee of the authority either—
by acquiring an interest in a dwelling-house; or
by carrying out works to a dwelling-house to provide additional accommodation; or
by both of those means.
A scheme under this section shall contain such provisions as the local housing authority considers appropriate together with , where the authority is in Wales, any which the Secretary of State may require as a condition of his approval and, without prejudice to the generality, a scheme may include provisions specifying, or providing for the determination of—
the persons who are qualifying tenants or licensees for the purposes of the scheme;
the interests which qualifying tenants or licensees may be assisted to acquire;
the works for the carrying out of which grants may be made;
the circumstances in which a grant may be made for the benefit of a qualifying tenant or licensee;
the amount of the grant which may be made in any particular case and the terms on which it may be made;
the limits on the total number and amount of grants which may be made; and
the period within which the scheme is to apply.
The Secretary of State may approve a scheme made by a local housing authority in Wales under this section with or without conditions and, where a scheme has been made and, where the authority is in Wales, approved, a local housing authority shall take such steps as it considers appropriate to bring the scheme to the attention of persons likely to be able to benefit from it and shall take such other steps (if any) as the Secretary of State may direct in any particular case to secure publicity for the scheme.
The Secretary of State may revoke an approval of a scheme under this section by a notice given to the local housing authority concerned; and, where such a notice is given, the revocation shall not affect the operation of the scheme in relation to any grants made or agreed before the date of the notice.
Any grant made pursuant to a scheme under this section—
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Where a scheme has been made by a local housing authority under this section and, where the authority is in Wales, has been approved, a person dealing with the authority shall not be concerned to see or enquire whether the terms of the scheme have been or are being complied with; and any failure to comply with the terms of a scheme shall not invalidate any grant purporting to be made in accordance with the scheme unless the person to whom the grant is made has actual notice of the failure.
In this section—
“local housing authority” has the meaning assigned by section 1 of the Housing Act 1985; of the Housing Act 1985;
“dwelling-house” has the meaning assigned by section 112 of that Act; and
“tenant” does not include a tenant under a long tenancy, as defined in section 115 of that Act.
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Part VI of the Housing Act 1985 (repair notices) shall have effect subject to the amendments in Schedule 15 to this Act.
In section 604 of that Act (fitness for human habitation) after subsection (1) there shall be inserted the following subsection—
The amendments in subsection (2) above and Schedule 15 to this Act do not have effect in relation to any repair notice, within the meaning of the said Part VI, served before this section comes into force.
With respect to applications for grants approved after the commencement of this Act, Part XV of the Housing Act 1985 (grants for works of improvement, repair and conversion) shall have effect subject to the following provisions of this section.
In each of the following provisions— in paragraph (a) after the word “holiday” there shall be inserted “on a tenancy which is not a long tenancy and”.
section 464 (preliminary condition: certificates as to future occupation), in subsection (5) (certificate of availability for letting), and
section 501 (condition as to availability for letting), in subsection (2) (the terms of the condition),
After the words “Rent (Agriculture) Act 1976”, in each place where they occur in— there shall be inserted “or is occupied under an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988”.
section 464(5),
section 501(2), and
subsection (2)(d) of section 503 (restriction on imposition of further conditions in relation to certain grants),
In section 504 (further conditions as to letting of dwelling), at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1A)”; in paragraph (a) of that subsection after the word “letting” there shall be inserted “on an assured tenancy which is not a long tenancy or”; and at the end of that subsection there shall be inserted the following subsection—
In subsection (2) of section 504 (definitions) after the words “subsection (1)” there shall be inserted “and subsection (1A)” and before paragraph (a) there shall be inserted the following paragraph—.
long tenancy section 115
Without prejudice to subsection (1) above, where an application for a grant— the certificate shall be treated as if it were in a form which takes account of the amendments made by those subsections.
was made but not approved before the commencement of this Act, and
was accompanied by a certificate of availability for letting in a form which does not take account of the amendments of section 464(5) by subsections (2) and (3) above,
Without prejudice to subsection (1) above, where a grant has been approved before the commencement of this Act and— the condition or conditions shall have effect as if it or they were in a form which takes account of the amendments made by subsection (3) or, as the case may be, subsections (4) and (5) above.
section 501(2) applies to impose a condition of the grant, or
conditions have been imposed in terms of section 504(1),
At the end of subsection (4) of section 34 of the Housing Act 1985 (consent to disposals of land held for the purposes of Part II—provision of housing accommodation) and at the end of subsection (4) of section 43 of that Act (consent for certain disposals of other houses) there shall be inserted the subsections set out in subsection (2) below.
The subsections referred to in subsection (1) above and subsection (3) below are as follows—
Section 13 of the Housing (Scotland) Act 1987 (power of Secretary of State to impose conditions in sale of local authority houses) shall be renumbered as subsection (1) of that section and after that subsection there shall be inserted as subsections (2) and (3) the subsections which are set out in subsection (2) above and there numbered (4A) and (4B).
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In section 430 of the Housing Act 1985 (application of capital money received on disposal of land), in subsection (1) after the word “applied”, in the first place where it occurs, there shall be inserted “in accordance with any directions given in respect of the disposal under section 34(4B) or section 43(4B) and, subject thereto”.
In section 208 of the Housing (Scotland) Act 1987 (application of receipts from disposal of certain land), in subsection (2) there shall be inserted at the end the words “or has made directions under section 13(3)”.
In section 26 of the Local Government Act 1988 (provisions as to consents under section 25 for provision of financial assistance etc.), in subsection (5) (which excludes consent under various enactments where consent is given to a disposal of land under section 25) after the words “such a consent” there shall be inserted “then, if the consent given for the purposes of section 25 above so provides”.
This section shall be deemed to have come into force on 9th June 1988.
Where consent is required for a disposal (in this section referred to as “the original disposal”) by virtue of section 32 or section 43 of the Housing Act 1985 and that consent does not provide otherwise, the person who acquires the land or house on the disposal shall not dispose of it except with the consent of the appropriate authority; but nothing in this section shall apply in relation to an exempt disposal ....
Where an estate or interest of the person who acquired the land or house on the original disposal has been mortgaged or charged, the prohibition in subsection (1) above applies also to a disposal by the mortgagee or chargee in exercise of a power of sale or leasing, whether or not the disposal is in the name of the person who so acquired the land or house; and in any case where— this section (including, where there is more than one such passing or transfer, this subsection) shall apply as if the other person to whom the land or house passes or is transferred were the person who acquired it on the original disposal.
by operation of law or by virtue of an order of a court, the land or house which has been acquired passes or is transferred from the person who so acquired it to another person, and
that passing or transfer does not constitute a disposal for which consent is required under this section,
In this section “the appropriate authority” means—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to a disposal of land in England, the Secretary of State, and
in relation to a disposal of land in Wales, the Welsh Ministers.
Where subsection (1) above applies—
if section 34 of the Housing Act 1985 applies to the consent given to the original disposal, subsections (2)(b) , (3), (4) and (4A)(a) to (c) and (d) of that section shall also apply to any consent required by virtue of this section;
if the consent to the original disposal was given under section 43 of that Act, subsections (2)(b) and , (3), (4) and (4A)(a) to (c) and (d) of that section shall also apply to any consent required by virtue of this section;
in the application of subsection (4A)(a) to (c) and (d) of section 34 or section 43 to any consent required by virtue of this section, any reference to the appropriate national body shall be construed as a reference to the appropriate authority andany reference to the local authority making the disposal shall be construed as a reference to the local authority making the original disposal; and
the instrument by which the original disposal is effected shall contain a statement in a form approved by the Chief Land Registrar that the requirement of this section as to consent applies to a subsequent disposal of the land or house by the person to whom the original disposal was made.
This section does not apply if the original disposal was made before the date on which this section comes into force.
Subsection (4) of section 32 of the Housing Act 1985 or, as the case may be, subsection (5) of section 43 of that Act (options to purchase as disposals) applies for the purposes of this section.
This section does not apply if the original disposal was made to a private registered provider of social housing or to a body registered as a registered social landlord under Chapter 1 of Part 1 of the Housing Act 1996.
Before giving any consent required by virtue of this section, the appropriate authority—
shall satisfy itself that the person who is seeking the consent has taken appropriate steps to consult every tenant of any land or house proposed to be disposed of; and
shall have regard to the responses of any such tenants to that consultation.
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Consent required for the purposes of this section may be given either generally to all persons who may require such consent or to any particular person or description of person who may require such consent.
No consent shall be required under ... section ...42 of the Housing Act 1996 or section 9 of the Housing Associations Act 1985 for any disposal in respect of which consent is given under this section.
Where the title of the authority to the land or house which is disposed of by the original disposal is not registered, and the original disposal is a transfer or grant of a description mentioned in section 4 of the Land Registration Act 2002 (compulsory registration of title)—
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the authority shall give to the person to whom the original disposal is made a certificate in a form approved by the Chief Land Registrar stating that the authority is entitled to make the disposal subject only to such encumbrances, rights and interests as are stated in the instrument by which the original disposal is effected or summarised in the certificate; and
for the purpose of registration of title, the Chief Land Registrar shall accept such a certificate as 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 authority by whom the original disposal was made is liable to indemnify him.
Where the Chief Land Registrar approves an application for registration of— and the instrument effecting the original disposal contains the statement required by subsection (3)(d) above, he shall enter in the register a restriction reflecting the limitation under this section on subsequent disposal.
a disposition of registered land, or
a person’s title under a disposition of unregistered land,
In every case where the consent of the Secretary of State is required for the original disposal by virtue of section 32 or section 43 of the Housing Act 1985 (whether or not consent is required under this section to a subsequent disposal), the authority by which the original disposal is made shall furnish to the person to whom it is made a copy of that consent.
A person seeking any consent required by virtue of this section is not required to consult a tenant of the land or house proposed to be disposed of if— and, accordingly, subsection (5) does not apply in either case.
consent is sought for the disposal of the land or house to that tenant or to persons including that tenant; or
consent is sought subject to the condition that the land or house is vacant at the time of the disposal;
In this section “exempt disposal” means—
the disposal of a dwelling-house to a person having the right to buy it under Part 5 of the Housing Act 1985 (whether the disposal is in fact made under that Part or otherwise);
a compulsory disposal, within the meaning of Part 5 of the Housing Act 1985;
the disposal of an easement or rentcharge;
the disposal of an interest by way of security for a loan;
the grant of a secure tenancy or what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985;
the grant of an assured tenancy or an assured agricultural occupancy, within the meaning of Part 1 of this Act, or what would be such a tenancy or occupancy but for any of paragraphs 3D to 8 of Schedule 1 to this Act;
the grant of an occupation contract within the meaning of the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act);
the transfer of an interest held on trust for any person where the disposal is made in connection with the appointment of a new trustee or in connection with the discharge of any trustee.
In Part I of the Housing (Scotland) Act 1987 (provision of housing) after section 12 there shall be inserted the following section—
In Part III of the Housing (Scotland) Act 1987 (rights of public sector tenants) after section 81 there shall be inserted the following section—
After Schedule 6 to the Housing (Scotland) Act 1987 there shall be inserted, as Schedule 6A, the Schedule set out in Schedule 16 to this Act.
The amendments made by this section apply to disposals after the coming into force of this section.
At the end of section 430 of the Housing Act 1985 (application of capital money received on disposal of land) there shall be inserted the following subsection—
In section 72 of the Local Government, Planning and Land Act 1980 (expenditure which authorities may make), in subsection (7) (net capital receipts for any year defined as the receipts which are capital receipts for the purposes of Part VIII of that Act, reduced by certain payments) after the words “reduced by” there shall be inserted—.
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Section 47 of the Race Relations Act 1976 (codes of practice) shall be amended in accordance with the following provisions of this section.
In subsection (1) for the words “either or both” there shall be substituted the words “all or any” and at the end there shall be added the following paragraphs—.
In subsection (3), after the words “code of practice” there shall be inserted “relating to the field of employment” and after that subsection there shall be inserted the following subsection—
In subsection (4) for the words “the draft” there shall be substituted “a draft code of practice”.
In subsection (10) after the words “industrial tribunal” there shall be inserted “a county court or, in Scotland, a sheriff court” and after the words “the tribunal” there shall be inserted “or the court”.
There shall be paid out of money provided by Parliament—
any sums required for the payment by the Secretary of State of grants under this Act;
any sums required to enable the Secretary of State to make payments to housing action trusts established under Part III of this Act;
any other expenses of the Secretary of State under this Act; and
any increase attributable to this Act in the sums so payable under any other enactment.
Any sums received by the Secretary of State under this Act, other than those required to be paid into the National Loans Fund, shall be paid into the Consolidated Fund.
This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.
The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 17 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act and the Housing (Scotland) Act 1988, shall have effect . . ..
The enactments specified in Schedule 18 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision at the end of that Schedule and to any saving in Chapter V of Part I of or Schedule 17 to this Act.
This Act may be cited as the Housing Act 1988.
The provisions of Parts II and IV of this Act and sections 119, 122, 124, 128, 129, 135 and 140 above shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions or for different purposes.
Part I and this Part of this Act, other than sections 119, 122, 124, 128, 129, 132, 133, 134, 135 and 138 onwards, shall come into force at the expiry of the period of two months beginning on the day it is passed; and any reference in those provisions to the commencement of this Act shall be construed accordingly.
An order under subsection (2) above may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force by the order.
Parts I, III and IV of this Act and this Part, except sections 118, 128, 132, 134, 135 and 137 onwards, extend to England and Wales only.
This Act does not extend to Northern Ireland.
Section 1.
A tenancy which is entered into before, or pursuant to a contract made before, the commencement of this Act.
A tenancy— In sub-paragraph (1) “rent” does not include any sum payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, council tax, services, management, repairs, maintenance or insurance, unless it could not have been regarded by the parties to the tenancy as a sum so payable. A tenancy—
if it is in Greater London, exceeds £1,500; and
if it is elsewhere, exceeds £750.
A tenancy under which for the time being no rent is payable.
A tenancy—
which is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and
under which the rent payable for the time being is payable at a rate of, if the dwelling-house is in Greater London, £1,000 or less a year and, if it is elsewhere, £250 or less a year.
A tenancy—
which was entered into before 1st April 1990 or, where the dwelling-house had a rateable value on the 31st March 1990, on or after 1st April 1990 in pursuance of a contract made before that date, and
under which the rent for the time being payable is less than two-thirds of the rateable value of the dwelling-house on 31st March 1990.
Paragraph 2(2) above applies for the purposes of paragraphs 3, 3A and 3B as it applies for the purposes of paragraph 2(1).
A tenancy to which Part II of the Landlord and Tenant Act 1954 applies (business tenancies).
A fixed term tenancy of a term certain of more than 21 years from the date of the grant of the tenancy.
A tenancy under which the dwelling-house consists of or comprises “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.
A tenancy of a term certain of— from the date of the grant of the tenancy. This paragraph applies only to tenancies entered into—
A tenancy under which agricultural land, exceeding two acres, is let together with the dwelling-house. In this paragraph “agricultural land” has the meaning set out in section 26(3)(a) of the General Rate Act 1967 (exclusion of agricultural land and premises from liability for rating).
A tenancy which, when it is granted, forms part of a regulated home purchase plan. In this paragraph “regulated home purchase plan” has the same meaning that it has from time to time in regulation 63F(3)(a) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544). The Secretary of State may, by regulations, amend this paragraph in consequence of an order made under section 22 of the Financial Services and Markets Act 2000. Regulations under this paragraph— A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
A tenancy under which the dwelling-house— A tenancy under which the dwelling-house— In this paragraph—
is comprised in an agricultural holding (within the meaning of the Agricultural Holdings Act 1986); and
is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the holding.
A tenancy which is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution if— Subsection (1) is subject to sub-paragraphs (2B) to (2D) and (5) to (7). In sub-paragraph (1) above “specified” means specified, or of a class specified, for the purposes of this paragraph by regulations made by the Secretary of State by statutory instrument. Regulations under sub-paragraph (2) may, in particular, specify as a body of persons— from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2). The Secretary of State may by regulations made by statutory instrument— The Secretary of State may by regulations made by statutory instrument— The Secretary of State may by regulations made by statutory instrument— Regulations under sub-paragraph (2B)(a) or (2C)(b) or (2D)(b) may, in particular, specify as a class of building— from time to time subject to a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (1)(b), (2B)(a) or (2C)(b). Regulations under sub-paragraph (2C)(a) may, in particular, specify as a class of student landlord— from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2C)(a). A statutory instrument made in the exercise of a power conferred by this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. Regulations under this paragraph— The question of whether or not a tenancy is within this paragraph is to be determined by reference to the circumstances at the time when the tenancy is granted. A change in the circumstances after that time does not affect whether or not a tenancy is within this paragraph, except in a case where— In such a case, the tenancy ceases to fall within this paragraph (and accordingly this paragraph ceases to prevent the tenancy from being an assured tenancy) at the time when the tenant is entitled to possession. Condition A is met if— Condition B is met if— But condition B is not met in any circumstances that are specified, or are of a description specified, for this purpose by regulations made by the Secretary of State. For the purposes of this paragraph—
A tenancy the purpose of which is to confer on the tenant the right to occupy the dwelling-house for a holiday.
A tenancy in respect of which the following conditions are fulfilled— If a tenancy was granted by two or more persons jointly, the reference in sub-paragraph (1)(b) above to an individual is a reference to any one of those persons and if the interest of the landlord is for the time being held by two or more persons jointly, the reference in sub-paragraph (1)(c) above to an individual is a reference to any one of those persons. A tenancy (in this sub-paragraph referred to as “the new tenancy”) is excluded from sub-paragraph (1) above if—
A tenancy under which the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department. The reference in sub-paragraph (1) above to the case where the interest of the landlord belongs to Her Majesty in right of the Crown does not include the case where that interest is under the management of the Crown Estate Commissioners or it is held by the Secretary of State as the result of the exercise by him of functions under Part III of the Housing Associations Act 1985.
A tenancy under which the interest of the landlord belongs to— The following are local authorities for the purposes of sub-paragraph (1)(a) above— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A protected tenancy, within the meaning of the Rent Act 1977. A housing association tenancy, within the meaning of Part VI of that Act. A secure tenancy. Where a person is a protected occupier of a dwelling-house, within the meaning of the Rent (Agriculture) Act 1976, the relevant tenancy, within the meaning of that Act, by virtue of which he occupies the dwelling-house.
A family intervention tenancy. But a family intervention tenancy becomes an assured tenancy if the landlord notifies the tenant that it is to be regarded as an assured tenancy. In this paragraph “ a family intervention tenancy ” means, subject to sub-paragraph (4), a tenancy granted by a private registered provider of social housing or a registered social landlord (“ the landlord ”) in respect of a dwelling-house— A tenancy is not a family intervention tenancy for the purposes of this paragraph if the landlord 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, the landlord and the local housing authority for the district in which the dwelling-house which is to be subject to the new tenancy is situated (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); “ landlord ” has the meaning given by sub-paragraph (3); “local housing authority” (and the reference to its district) has the same meaning as in the Housing Act 1985 (see sections 1 and 2(1) of that Act); “ the new tenant ” has the meaning given by sub-paragraph (3)(a); “ registered social landlord ” has the same meaning as in Part 1 of the Housing Act 1996; “ 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 granted by a private landlord under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under section 4 or Part VI of the Immigration and Asylum Act 1999 . “Private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The rateable value of a dwelling-house at any time shall be ascertained for the purposes of Part I of this Schedule as follows— Any question arising under this Part of this Schedule as to the proper apportionment or aggregation of any value or values shall be determined by the county court and the decision of that court shall be final.
Where, after the time at which the rateable value of a dwelling-house is material for the purposes of any provision of Part I of this Schedule, the valuation list is altered so as to vary the rateable value of the hereditament of which the dwelling-house consists (in whole or in part) or forms part and the alteration has effect from that time or from an earlier time, the rateable value of the dwelling-house at the material time shall be ascertained as if the value shown in the valuation list at the material time had been the value shown in the list as altered.
Paragraphs 14 and 15 above apply in relation to any other land which, under section 2 of this Act, is treated as part of a dwelling-house as they apply in relation to the dwelling-house itself.
Where the interest of the landlord under a tenancy becomes vested at law and in equity in two or more persons jointly, of whom at least one was an individual, sub-paragraph (1) above shall have effect subject to the following modifications—
During any period when— the condition in paragraph 10(1)(c) shall be deemed to be fulfilled and accordingly, no part of that period shall be disregarded by virtue of paragraph 17 above. If a period during which the condition in paragraph 10(1)(c) is deemed to be fulfilled by virtue of sub-paragraph (1) above comes to an end on the death of a person who was in occupation of a dwelling-house as mentioned in paragraph (b) of that sub-paragraph, then, in determining whether that condition is at any time thereafter fulfilled, there shall be disregarded any period—
In any case where— the condition in paragraph 10(1)(b) above shall be deemed to be fulfilled with respect to the new tenancy.
immediately before a tenancy comes to an end the condition in paragraph 10(1)(c) is deemed to be fulfilled by virtue of paragraph 18(1) above, and
on the coming to an end of that tenancy the trustees in whom the interest of the landlord is vested grant a new tenancy of the same or substantially the same dwelling-house to a person (alone or jointly with others) who was the tenant or one of the tenants under the previous tenancy,
The tenancy referred to in paragraph 10 above falls within this paragraph if the interest of the landlord under the tenancy becomes vested in the personal representatives of a deceased person acting in that capacity. If the tenancy falls within this paragraph, the condition in paragraph 10(1)(c) shall be deemed to be fulfilled for any period, beginning with the date on which the interest becomes vested in the personal representatives and not exceeding two years, during which the interest of the landlord remains so vested.
Throughout any period which, by virtue of paragraph 17 or paragraph 18(2) above, falls to be disregarded for the purpose of determining whether the condition in paragraph 10(1)(c) is fulfilled with respect to a tenancy, no order shall be made for possession of the dwelling-house subject to that tenancy, other than an order which might be made if that tenancy were or, as the case may be, had been an assured tenancy.
For the purposes of paragraph 10 above, a building is a purpose-built block of flats if as constructed it contained, and it contains, two or more flats; and for this purpose “flat” means a dwelling-house which—
forms part only of a building; and
is separated horizontally from another dwelling-house which forms part of the same building.
Section 7.
“ block of flats ” means a building containing two or more flats;
Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—
granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or
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 tenant is not willing to accept an assured tenancy of such part only of the dwelling-house (in this sub-paragraph referred to as “the reduced part”) as would leave in the possession of his landlord so much of the dwelling-house as would be reasonable to enable the intended work to be carried out and, where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or
the nature of the intended work is such that such a tenancy is not practicable; and
under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.
The dwelling-house is subject to a mortgage granted before the beginning of the tenancy and— and for the purposes of this ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly.
the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the Law of Property Act 1925; and
the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power; and
either notice was given as mentioned in Ground 1 above or the court is satisfied that it is just and equitable to dispense with the requirement of notice;
Where there is a relevant disposal which is an exempted disposal by virtue of paragraph 4(1)(d) or paragraph 4(1)(e) above—
Both of the following conditions are met in relation to a dwelling-house in England.
and
the covenant required by paragraph 2A above 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.
The tenancy is a fixed term tenancy for a term not exceeding eight months and—
not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and
at some time within the period of twelve months ending with the beginning of the tenancy, the dwelling-house was occupied under a right to occupy it for a holiday.
The tenancy is a fixed term tenancy for a term not exceeding twelve months and—
not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and
at some time within the period of twelve months ending with the beginning of the tenancy, the dwelling-house was let on a tenancy falling within paragraph 8 of Schedule 1 to this Act and—
if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 14 of Schedule 15 to the Rent Act 1977, and
the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3.
The dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and—
not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and
the court is satisfied that the dwelling-house is required for occupation by a minister of religion as such a residence.
if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 15 of Schedule 15 to the Rent Act 1977, and
the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3.
In this ground “relevant national” means—
P is not a relevant national, and
a British citizen,
P does not have a right to rent in relation to the dwelling-house.
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
a person who is not an Irish citizen and who has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this ground, references to the “landlord” are to the landlord who is seeking possession.
“relevant proceedings” means proceedings for contempt of court or proceedings under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014;
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.
The tenancy is a periodic tenancy (including a statutory periodic tenancy), or a fixed term tenancy of a dwelling-house in England, which has devolved The tenancy has devolved on a person (the “new tenant”) under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or, if the court so directs, after 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 former tenant’s death.
“riot” is to be construed in accordance with section 1 of the Public Order Act 1986.
Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing— and for the purpose of this ground “rent” means rent lawfully due from the tenant. When calculating how much rent is unpaid for the purpose of this ground, if the tenant is entitled to receive an amount for housing as part of an award of universal credit under Part 1 of the Welfare Reform Act 2012, any amount that was unpaid only because the tenant had not yet received the payment of that award is to be ignored.
if rent is payable weekly or fortnightly, at least eight thirteen weeks’ rent is unpaid;
if rent is payable monthly, at least two three months’ rent is unpaid;
if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
if rent is payable yearly, at least three months’ rent is more than three months in arrears;
The Secretary of State may by regulations (“eligibility condition regulations”) make provision (including provision amending this ground)— to add, vary or remove any eligibility condition; about the meaning of any eligibility condition.
“transferee”, in relation to any transferred property, means the person to whom the grant is made;
there is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or
P requires leave to enter or remain in the United Kingdom but does not have it, or
the final determination of the appeal results in the conviction, finding or order being overturned.
P's leave to enter or remain in the United Kingdom is subject to a condition preventing P from occupying the dwelling-house.
Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.
Some rent lawfully due from the tenant—
is unpaid on the date on which the proceedings for possession are begun; and
except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.
Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.
Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.
The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other 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. For the purposes of this ground, “common parts” 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 in which the landlord has an estate or interest.
“conveyance” means the instrument by which the grant is effected; and
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 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 condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house and, in the case of ill-treatment by a person lodging with the tenant or by 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.
The dwelling-house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment.
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,
the landlord who is seeking possession is a non-profit registered provider of social housing, a registered social landlord or a charitable housing trust or, where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing,
one partner has left the dwelling-house 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. For the purposes of this ground “registered social landlord” and “member of the family” have the same meaning as in Part I of the Housing Act 1996 and “ charitable housing trust ” means a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity ....
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.
For the purposes of Ground 9 above, a certificate of the local housing authority for the district in which the dwelling-house in question is situated, certifying that the authority will provide suitable alternative accommodation for the tenant by a date specified in the certificate, shall be conclusive evidence that suitable alternative accommodation will be available for him by that date.
Where no such certificate as is mentioned in paragraph I above is produced to the court, accommodation shall be deemed to be suitable for the purposes of Ground 9 above if it consists of either— and, in the opinion of the court, the accommodation fulfils the relevant conditions as defined in paragraph 3 below.
premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy, other than—
a tenancy in respect of which notice is given not later than the beginning of the tenancy that possession might be recovered on any of Grounds 1 to 5 above, or
an assured shorthold tenancy, within the meaning of Chapter II of Part I of this Act, or
premises to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Chapter I of Part I of this Act in the case of an assured tenancy of a kind mentioned in sub-paragraph (a) above,
For the purposes of paragraph 2 above, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either— that if any furniture was provided for use under the assured tenancy in question, furniture is provided for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family. For the purposes of sub-paragraph (1)(a) above, a certificate of a local housing authority stating— shall be conclusive evidence of the facts so stated.
Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of Part X of the Housing Act 1985.
Any document purporting to be a certificate of a local housing authority named therein issued for the purposes of this Part of this Schedule and to be signed by the proper officer of that authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof.
In this Part of this Schedule “local housing authority” and “district”, in relation to such an authority, have the same meaning as in the Housing Act 1985.
Any reference in Grounds I to 5 in Part I of this Schedule or in the following provisions of this Part to the landlord giving a notice in writing to the tenant is, in the case of joint landlords, a reference to at least one of the joint landlords giving such a notice.
If, not later than the beginning of a tenancy (in this paragraph referred to as “the earlier tenancy”), the landlord gives such a notice in writing to the tenant as is mentioned in any of Grounds I to 5 in Part I of this Schedule, then, for the purposes of the ground in question and any further application of this paragraph, that notice shall also have effect as if it had been given immediately before the beginning of any later tenancy falling within sub-paragraph (2) below. Subject to sub-paragraph (3) below, sub-paragraph (1) above applies to a later tenancy— Sub-paragraph (1) above does not apply in relation to a later tenancy if, not later than the beginning of the tenancy, the landlord gave notice in writing to the tenant that the tenancy is not one in respect of which possession can be recovered on the ground in question.
Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground I in Part I of this Schedule, the reference in paragraph (b) of that ground to the reversion on the tenancy is a reference to the reversion on the earlier tenancy and on any later tenancy falling within paragraph 8(2) above.
Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground 3 or Ground 4 in Part I of this Schedule, any second or subsequent tenancy in relation to which the notice has effect shall be treated for the purpose of that ground as beginning at the beginning of the tenancy in respect of which the notice was actually given.
Any reference in Grounds 1 to 5 in Part I of this Schedule to a notice being given not later than the beginning of the tenancy is a reference to its being given not later than the day on which the tenancy is entered into and, accordingly, section 45(2) of this Act shall not apply to any such reference.
In this Schedule— Where the court exercises the power conferred by section 8(1)(b) (power to dispense with notice under section 8) references in this Schedule to the relevant date are to be read as references to the date on which proceedings for possession began. For the purposes of this Schedule, each of the following constitutes giving notice of a compulsory acquisition— In sub-paragraph (3)—
The Secretary of State may by regulations amend this Schedule so as to— Regulations under this paragraph may— Regulations under this paragraph are to be made by statutory instrument. A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Section 24.
In this Schedule— In relation to a relevant tenancy or licence— Schedule 3 to the 1976 Act applies for the purposes of this Schedule as it applies for the purposes of that Act and, accordingly, shall have effect to determine—
The agricultural worker condition is fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence if—
the dwelling-house is or has been in qualifying ownership at any time during the subsistence of the tenancy or licence (whether or not it was at that time a relevant tenancy or licence); and
the occupier or, where there are joint occupiers, at least one of them—
is a qualifying worker or has been a qualifying worker at any time during the subsistence of the tenancy or licence (whether or not it was at that time a relevant tenancy or licence); or
is incapable of whole-time work in agriculture or work in agriculture as a permit worker in consequence of a qualifying injury or disease.
The agricultural worker condition is also fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence if— For the purposes of sub-paragraph (1)(c)(i) above and sub-paragraph (3) below— Subject to sub-paragraph (4) below, for the purposes of sub-paragraph (1)(c)(ii) above, a member of the family of the previous qualifying occupier of the dwelling-house is the qualifying member of the family if— Not more than one member of the previous qualifying occupier’s family may be taken into account in determining whether the agricultural worker condition is fulfilled by virtue of this paragraph and, accordingly, if there is more than one member of the family— only that one of those members of the family who may be decided by agreement or, in default of agreement by the county court, shall be the qualifying member. For the purposes of sub-paragraph (2)(a) above, a person who, immediately before the previous qualifying occupier’s death, was living together with the previous occupier as if they were a married couple or civil partners shall be treated as the widow, widower or surviving civil partner of the previous occupier. If, immediately before the death of the previous qualifying occupier, there is, by virtue of sub-paragraph (5) above, more than one person who falls within sub-paragraph (1)(c)(i) above, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be treated as the qualifying surviving partner for the purposes of this paragraph.
The agricultural worker condition is also fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence if— and the reference in paragraph (a) above to a tenancy or licence granted to the occupier or at least one of joint occupiers includes a reference to the case where the grant is to him together with one or more other persons.
the tenancy or licence was granted to the occupier or, where there are joint occupiers, at least one of them in consideration of his giving up possession of another dwelling-house of which he was then occupier (or one of joint occupiers) under another relevant tenancy or licence; and
immediately before he gave up possession of that dwelling-house, as a result of his occupation the agricultural worker condition was fulfilled with respect to it (whether by virtue of paragraph 2 or paragraph 3 above or this paragraph);
This paragraph applies where— and the reference in paragraph (b) above to the grant of the later tenancy or licence to the person mentioned in that paragraph includes a reference to the case where the grant is to that person together with one or more other persons. So long as a person as a result of whose occupation of the dwelling-house the agricultural worker condition was fulfilled with respect to the earlier tenancy or licence continues to be the occupier, or one of the joint occupiers, under the later tenancy or licence, the agricultural worker condition shall be fulfilled with respect to the dwelling-house. For the purposes of paragraphs 3 and 4 above and any further application of this paragraph, where sub-paragraph (2) above has effect, the agricultural worker condition shall be treated as fulfilled so far as concerns the later tenancy or licence by virtue of the same paragraph of this Schedule as was applicable (or, as the case may be, last applicable) in the case of the earlier tenancy or licence.
Section 39.
In paragraph 1 the words “or, as the case may be, paragraph 3” shall be omitted.
At the end of paragraph 2 there shall be inserted the following sub-paragraphs—
In paragraph 3—
after the words “residing with him” there shall be inserted “ “in the dwelling-house ”;
for the words “period of 6 months” there shall be substituted “ “period of 2 years ”;
for the words from “the statutory tenant” onwards there shall be substituted “ “entitled to an assured tenancy of the dwelling-house by succession ”; and
at the end there shall be added the following sub-paragraph—
In paragraph 4 the words “or 3” shall be omitted.
In paragraph 5—
for the words from “or, as the case may be” to “of this Act” there shall be substituted “ “below shall have effect ”; and
for the words “the statutory tenant” there shall be substituted “ “entitled to an assured tenancy of the dwelling-house by succession ”.
For paragraph 6 there shall be substituted the following paragraph—
Paragraph 7 shall be omitted.
In paragraph 10(1)(a) for the words “paragraphs 6 or 7” there shall be substituted “ “paragraph 6 ”.
At the end of paragraph 11 there shall be inserted the following paragraph—
In subsection (2) the words “or, as the case may be, subsection (4)” shall be omitted.
In subsection (4)—
in paragraph (b) after the words “residing with him” there shall be inserted “ “in the dwelling-house ” and for the words “period of six months” there shall be substituted “ “period of 2 years ”; and
for the words from “the statutory tenant” onwards there shall be substituted “ “entitled to an assured tenancy of the dwelling-house by succession ”.
In subsection (5) for the words “subsections (1), (3) and (4)” there shall be substituted “ “subsections (1) and (3) ” and after that subsection there shall be inserted the following subsections—
Subject to sub-paragraph (2) below, in relation to the assured tenancy to which the successor becomes entitled by succession, section 7 of this Act shall have effect as if in subsection (3) after the word “established” there were inserted the words “ “or that the circumstances are as specified in any of Cases 11, 12, 16, 17, 18 and 20 in Schedule 15 to the Rent Act 1977 ”. Sub-paragraph (1) above does not apply if, by virtue of section 39(8) of this Act, the assured tenancy to which the successor becomes entitled is an assured agricultural occupancy.
If by virtue of section 39(8) of this Act, the assured tenancy to which the successor becomes entitled is an assured agricultural occupancy, section 7 of this Act shall have effect in relation to that tenancy as if in subsection (3) after the word “established” there were inserted the words “ “or that the circumstances are as specified in Case XI or Case XII of the Rent (Agriculture) Act 1976 ”.
In relation to the assured tenancy to which the successor becomes entitled by succession, any notice given to the predecessor for the purposes of Case 13, Case 14 or Case 15 in Schedule 15 to the Rent Act 1977 shall be treated as having been given for the purposes of whichever of Grounds 3 to 5 in Schedule 2 to this Act corresponds to the Case in question. Where sub-paragraph (1) above applies, the regulated tenancy of the predecessor shall be treated, in relation to the assured tenancy of the successor, as “the earlier tenancy” for the purposes of Part IV of Schedule 2 to this Act.
Housing for Wales is a body corporate and is in this Schedule referred to as “the Corporation”. The Corporation is a public body for the purposes of the Prevention of Corruption Acts 1889 to 1916. The Corporation shall not be regarded— and its property shall not be regarded as property of, or held on behalf of, the Crown.
The members of the Corporation shall be— and the members appointed under paragraph (a) above are in this Schedule referred to as the “appointed members”. Before appointing a person to be a member of the Corporation the Secretary of State shall satisfy himself that he will have no financial or other interest likely to affect prejudicially the exercise of his functions as a member; and the Secretary of State may require a person whom he proposes to appoint to give him such information as he considers necessary for that purpose.
The appointed members shall hold and vacate office in accordance with the terms of their appointment, subject to the following provisions. A member may resign his membership by notice in writing addressed to the Secretary of State. The Secretary of State may remove a member from office if he is satisfied that— The Secretary of State shall satisfy himself from time to time with respect to every appointed member that he has no financial or other interest likely to affect prejudicially the exercise of his functions as a member; and he may require an appointed member to give him such information as he considers necessary for that purpose.
The Secretary of State shall appoint one of the appointed members to be Chairman and may appoint one to be Deputy Chairman; and the members so appointed shall hold and vacate those offices in accordance with the terms of their appointment, subject to the following provisions. The Chairman or Deputy Chairman may resign by notice in writing addressed to the Secretary of State. If the Chairman or Deputy Chairman ceases to be a member of the Corporation, he also ceases to be Chairman or Deputy Chairman.
The Corporation may pay the Chairman, Deputy Chairman and appointed members such remuneration as Secretary of State may, with the consent of the Treasury, determine. The Corporation may pay them such reasonable allowances as may be so determined in respect of expenses properly incurred by them in the performance of their duties.
The Secretary of State may, with the consent of the Treasury, determine to pay in respect of a person’s office as Chairman, Deputy Chairman or appointed member— As soon as may be after the making of such a determination the Secretary of State shall lay before each House of Parliament a statement of the amount payable in pursuance of the determination. Sub-paragraph (1) above does not apply in the case of a member who has been admitted in pursuance of regulations under section 7 of the Superannuation Act 1972 to participate in the benefits of a superannuation fund maintained by a local authority. In such a case the Secretary of State shall make any payments required to be made to the fund in respect of the member by the employing authority and may make such deductions from his remuneration as the employing authority might make in respect of his contributions to the fund.
There shall be a chief executive of the Corporation. After consultation with the Chairman or person designated to be chairman of the Corporation, the Secretary of State shall make the first appointment of the chief executive on such terms and conditions as he may, with the consent of the Treasury, determine. The Corporation, with the approval of the Secretary of State, may make subsequent appointments to the office of chief executive on such terms and conditions as the Corporation may, with the approval of the Secretary of State given with the consent of the Treasury, determine.
The Corporation may appoint, on such terms and conditions as it may, with the approval of the Secretary of State, determine, such other employees as it thinks fit. In respect of such of its employees as it may, with the approval of the Secretary of State, determine, the Corporation shall make such arrangements for providing pensions, allowances or gratuities as it may determine; and such arrangements may include the establishment and administration, by the Corporation or otherwise, of one or more pension schemes. The reference in sub-paragraph (2) above to pensions, allowances or gratuities to or in respect of employees of the Corporation includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Corporation’s employees who suffer loss of office or employment or loss or diminution of emoluments. The Secretary of State with the consent of the Treasury may, by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, make regulations providing for— If an employee of the Corporation becomes a member of the Corporation and was by reference to his employment by the Corporation a participant in a pension scheme administered by it for the benefit of its employees— Any reference in the preceding provisions of this paragraph to the approval of the Secretary of State is a reference to that approval given with the consent of the Treasury.
Not later than such date as the Secretary of State may determine, the Corporation shall make an offer of employment by it to each person employed immediately before that date by the Housing Corporation in connection with functions in Wales; and any question as to the persons to whom an offer of employment is to be made under this paragraph shall be determined by the Secretary of State. The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made. An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.
Where a person becomes an employee of the Corporation in consequence of an offer made under paragraph 9 above, then, for the purposes of the Employment Rights Act 1996, his period of employment with the Housing Corporation shall count as a period of employment by the Corporation, and the change of employment shall not break the continuity of the period of employment. Where an offer is made in pursuance of paragraph 9 above to any person employed as mentioned in that paragraph, none of the agreed redundancy procedures applicable to such a person shall apply to him; and where that person ceases to be so employed— . . . he shall not be treated for the purposes of any scheme under section 24 of the Superannuation Act 1972 or any other scheme as having been retired on redundancy. Without prejudice to sub-paragraph (2) above, where a person has unreasonably refused an offer made to him in pursuance of paragraph 9 above, the Housing Corporation shall not terminate that person’s employment unless it has first had regard to the feasibility of employing him in a suitable alternative position with it. Where a person continues in employment in the Housing Corporation either— he shall be treated for all purposes as if the offer mentioned in paragraph 9 above had not been made.
Any dispute as to whether an offer of employment complies with sub-paragraph (2) of paragraph 9 above shall be referred to and be determined by an employment tribunal. An employment tribunal shall not consider a complaint referred to it under sub-paragraph (1) above unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or, in a case where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months, within such further period as the tribunal considers reasonable. Subject to sub-paragraph (4) below, there shall be no appeal from the decision of an employment tribunal under this paragraph. An appeal to the Employment Appeal Tribunal may be made only on a question of law arising from the decision of, or in proceedings before, an employment tribunal under this paragraph.
The quorum of the Corporation and the arrangements relating to its meetings shall, subject to any directions given by the Secretary of State, be such as the Corporation may determine. The validity of proceedings of the Corporation is not affected by any defect in the appointment of any of its members.
Where a member of the Corporation is in any way directly or indirectly interested in a contract made or proposed to be made by the Corporation— A general notice given by a member at a meeting of the Corporation to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may be made with the company or firm is a sufficient disclosure of his interest for the purposes of this paragraph in relation to a contract made after the date of the notice. A member need not attend in person at a meeting of the Corporation in order to make any disclosure which he is required to make under this paragraph provided he takes reasonable steps to secure that the disclosure is brought up and read at the meeting.
The fixing of the Corporation’s seal may be authenticated by the signature of the Chairman or of any other person authorised for the purpose. A document purporting to be duly executed under the seal of the Corporation shall be received in evidence and be deemed to be so executed unless the contrary is proved.
Section 59.
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In section 9 (control by Corporation of disposition of land by housing associations) for subsection (1) there shall be substituted the following subsections— In subsection (3) of that section— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 10 (dispositions excepted from section 9), in subsection (1) for the words from “the Charity Commissioners”, in the second place where they occur, onwards there shall be substitutedbefore making an order in such a case the Charity Commissioners shall consult,— In subsection (2) of that section at the end of paragraph (b) there shall be insertedor
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In section 33 (recognition of central association), in subsection (1) after “housing associations” there shall be inserted “in Great Britain or in any part of Great Britain”.
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“assured tenancy” has, in England and Wales, the same meaning as in Part I of the Housing Act 1988 and, in Scotland, the same meaning as in Part II of the Housing (Scotland) Act 1988; “assured agricultural occupancy” has the same meaning as in Part I of the Housing Act 1988.
In section 40 (index of defined expressions in Part I)—
“assured agricultural occupancy” section 39 “assured tenancy” section 39
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In section 63 (building society advances) for the words “the Housing Corporation”, in each place where they occur in subsections (1) and (2), there shall be substituted “one of the Corporations” and in subsection (1) (b) for the words “the Corporation” there shall be substituted “that one of the Corporations which is concerned”. After subsection (2) of that section there shall be inserted the following subsection—.
In section 69 (power to vary or terminate certain agreements) at the end of subsection (1)(a) there shall be added “(including such an agreement under which rights and obligations have been transferred to Housing for Wales)”. After subsection (2) of that section there shall be inserted the following subsection—
In section 69A (land subject to housing management agreement) for the words “housing association grant, revenue deficit grant or hostel deficit grant” there shall be substituted “grant under section 50 (housing association grant) or section 51 (revenue deficit grant) of the Housing Act 1988”.
In Part I of Schedule 5 (residual subsidies)— In Part II of that Schedule, in paragraph 5(3) the words “at such times and in such places as the Treasury may direct” and “with the approval of the Treasury” shall be omitted.
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In section 75 (general functions), in subsection (1)(c) for the words “a register of housing associations” there shall be substituted “the register of housing associations referred to in section 3”.
At the end of section 77 (advisory service) there shall be added the following subsection—.
In section 83 (power to guarantee loans), in subsection (3) (maximum amount outstanding in respect of loans etc.) for the words “the Corporation”, in each place where they occur, there shall be substituted “the Housing Corporation”. After subsection (3) of that section there shall be inserted the following subsection—. In subsection (4) of that section (procedure for orders of Secretary of State) after the words “subsection (3)” there shall be inserted “or subsection (3A)”.
In section 93 (limit on borrowing), in subsection (2) for the words from “shall not exceed” onwards there shall be substituted “shall not exceed the limit appropriate to the Corporation under subsection (2A)”. At the end of subsection (2) of that section there shall be inserted the following subsection— In subsections (3) to (5) of that section for “(2)”, in each place where it occurs, there shall be substituted “(2A)”.
“housing activities”, in relation to a registered housing association, means all its activities in pursuance of such of its purposes, objects or powers as are of a description mentioned in section 1(1) (a) or subsections (2) to (4) of section 4.
In Schedule 6, paragraph 3(3)(b) shall be omitted.
Section 62(5).
A housing action trust (in this Schedule referred to as a “trust”) shall consist of a chairman and such number of other members (not less than five but not exceeding eleven) as the Secretary of State may from time to time appoint.
In appointing members of a trust the Secretary of State shall have regard to the desirability of securing the services of persons who live in or have special knowledge of the locality in which the designated area is situated and before appointing any such person as a member he shall consult every local housing authority any part of whose district is included in the designated area. Before appointing a person to be a member of a trust the Secretary of State shall satisfy himself that that person will have no financial or other interest likely to affect prejudicially the exercise of his functions as a member; and the Secretary of State may require a person whom he proposes to appoint to give him such information as he considers necessary for that purpose. For the purposes of sub-paragraph (2) above, the fact that a person is or may become a tenant of a trust shall not be regarded as giving to that person an interest likely to affect prejudicially the exercise of his functions as a member. The Secretary of State shall appoint one of the members to be chairman and, if he thinks fit, another to be deputy chairman of the trust.
Subject to the following provisions of this Schedule, each member of the trust as such and the chairman and deputy chairman as such shall hold and vacate office in accordance with his appointment.
If the chairman or deputy chairman ceases to be a member of the trust, he shall also cease to be chairman or deputy chairman, as the case may be.
Any member of the trust may, by notice in writing addressed to the Secretary of State, resign his membership; and the chairman or deputy chairman may, by like notice, resign his office as such.
If the Secretary of State is satisfied that a member of the trust (including the chairman or deputy chairman)— the Secretary of State may remove him from his office.
has become bankrupt or made an arrangement with his creditors or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, or
has been absent from meetings of the trust for a period longer than three consecutive months without the permission of the trust, or
is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member,
A member of the trust who ceases to be a member or ceases to be chairman or deputy chairman shall be eligible for reappointment.
The trust may pay to each member such remuneration and allowances as the Secretary of State may . . . determine.
The trust may pay or make provision for paying, to or in respect of any member, such sums by way of pensions, allowances and gratuities as the Secretary of State may . . . determine and, . . ., the Secretary of State may undertake to meet any liabilities arising in respect of such pensions, allowances or gratuities after the dissolution of the trust.
Where a person ceases to be a member of a trust and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the trust may make to him payment of such amount as the Secretary of State may . . . determine.
There shall be a chief officer of the trust who shall be appointed by the trust with the approval of the Secretary of State. The chief officer shall be responsible to the trust for the general exercise of the trust’s functions. The trust may appoint such number of other employees as may be approved by the Secretary of State. References in paragraph 12 below to employees of the trust include references to the chief officer as well as other employees.
Employees of the trust shall be appointed at such remuneration and on such other terms and conditions as the trust may determine. The trust may pay such pensions, allowances or gratuities as it may determine to or in respect of any of its employees, make such payments as it may determine towards the provision of pensions, allowances or gratuities to or in respect of any of its employees or provide and maintain such schemes as it may determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any of its employees; and . . . the Secretary of State may undertake to meet any liabilities arising in respect of such pensions, allowances or gratuities after the dissolution of the trust. The reference in sub-paragraph (2) above to pensions, allowances or gratuities to or in respect of any of the trust’s employees includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the trust’s employees who suffer loss of office or employment or loss or diminution of emoluments. If an employee of the trust becomes a member and was by reference to his employment by the trust a participant in a pension scheme maintained by the trust for the benefit of any of its employees, the trust may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the trust whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 9 above. A determination of the trust for the purposes of this paragraph is ineffective unless made with the approval of the Secretary of State . . ..
The quorum of the trust and the arrangements relating to its meetings shall, subject to any directions given by the Secretary of State, be such as the trust may determine.
The validity of any proceedings of the trust shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members.
The fixing of the seal of the trust shall be authenticated by the signature of the chairman or of some other member authorised either generally or specially by the trust to act for that purpose.
Any document purporting to be a document duly executed under the seal of the trust shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
A document purporting to be signed on behalf of a trust shall be received in evidence and shall, unless the contrary is proved, be deemed to be so signed.
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), there shall be inserted at the appropriate place the following entry— “ Any member, in receipt of remuneration, of a housing action trust (within the meaning of Part III of the Housing Act 1988). ”
Section 62(5).
References in this Schedule to a trust are to a housing action trust. The financial year of a trust shall begin with 1 April and references to a financial year in relation to a trust shall be construed accordingly.
After consultation with a trust, the Secretary of State may, with the Treasury’s approval, determine the financial duties of the trust, and different determinations may be made in relation to different trusts or for different functions and activities of the same trust. The Secretary of State shall give the trust notice of every determination, and a determination may—
The Secretary of State may (out of moneys provided by Parliament and with the consent of the Treasury) pay to a trust, in respect of the exercise of its functions and in respect of its administrative expenses, such sums as he may (with the approval of the Treasury) determine. (2) The payment may be made on such terms as the Secretary of State (with the approval of the Treasury) provides.
A trust may borrow temporarily, by way of overdraft or otherwise, such sums as it may require for meeting its obligations and discharging its functions— A trust may borrow otherwise than by way of temporary loan such sums as the trust may require— The Secretary of State may lend to a trust any sums it has power to borrow from him under sub-paragraph (1) or sub-paragraph (2) above. (4) The Treasury may issue to the Secretary of State out of the National Loans Fund any sums necessary to enable him to make loans under sub-paragraph (3) above. Loans made under sub-paragraph (3) above shall be repaid to the Secretary of State at such times and by such methods, and interest on the loans shall be paid to him at such times and at such rates, as he may determine. All sums received by the Secretary of State under sub-paragraph (5) above shall be paid into the National Loans Fund. (7) References in this paragraph to the Secretary of State are references to him acting with the approval of the Treasury.
The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of and the payment of interest on any sums which a trust borrows from a person or body other than the Secretary of State. Immediately after a guarantee is given under this paragraph, the Treasury shall lay a statement of the guarantee before each House of Parliament; and, where any sum is issued for fulfilling a guarantee so given, the Treasury shall lay before each House of Parliament a statement relating to that sum, as soon as possible after the end of each financial year, beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged. Any sums required by the Treasury for fulfilling a guarantee under this paragraph are to be charged on and issued out of the Consolidated Fund. If any sums are issued in fulfilment of a guarantee given under this paragraph, the trust shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments of such amounts as the Treasury so direct in or towards repayment of the sums so issued and payments of interest, at such rates as the Treasury so direct, on what is outstanding for the time being in respect of sums so issued. Any sums received by the Treasury in pursuance of sub-paragraph (4) above shall be paid into the Consolidated Fund.
On any acquisition to which this paragraph applies, a trust shall assume a debt to the Secretary of State of such amount as may be notified to the trust in writing by him, with the approval of the Treasury. This paragraph applies to any acquisition by the trust of property held— Subject to sub-paragraph (4) below, the amount to be notified is the aggregate of the following— If it appears to the Secretary of State that there has been such a change in circumstances since the property was first brought into public ownership that its true value would not be reflected by reference to the consideration mentioned in sub-paragraph (3) above, the Secretary of State, with the approval of the Treasury, shall determine the amount to be notified. The rate of interest payable on the debt assumed by a trust under this paragraph, and the date from which interest is to begin to accrue, the arrangements for paying off the principal, and the other terms of the debt shall be such as the Secretary of State, with the approval of the Treasury, may from time to time determine. Different rates and dates may be determined under sub-paragraph (5) above with respect to different portions of the debt. Any sums received by the Secretary of State under sub-paragraph (5) above shall be paid into the National Loans Fund.
Where it appears to the Secretary of State, after consultation with the Treasury and the trust, that a trust has a surplus, whether on capital or on revenue account, after making allowance by way of transfer to reserve or otherwise for its future requirements, the trust shall, if the Secretary of State with the approval of the Treasury and after consultation with the trust so directs, pay to the Secretary of State such sum not exceeding the amount of that surplus as may be specified in the direction. (2) Any sum received by the Secretary of State under this paragraph shall, subject to sub-paragraph (4) below, be paid into the Consolidated Fund. (3) The whole or part of any payment made to the Secretary of State by a trust under sub-paragraph (1) above shall, if the Secretary of State with the approval of the Treasury so determines, be treated as made by way of repayment of such part of the principal of loans under paragraph 4(3) above, and as made in respect of the repayments due at such times, as may be so determined. Any sum treated under sub-paragraph (3) above as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.
The aggregate amount of the sums mentioned in sub-paragraph (2) below shall not exceed such sum as the Secretary of State, with the consent of the Treasury, may by order made by statutory instrument specify. The sums are— No order shall be made under sub-paragraph (1) above unless a draft of it has been laid before, and approved by a resolution of, the House of Commons.
The Secretary of State shall prepare in respect of each financial year an account— The Secretary of State shall send the account to the Comptroller and Auditor General before the end of the month of November next following the end of that year. The Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it and of his report before each House of Parliament. The form of the account and the manner of preparing it shall be such as the Treasury may direct.
A trust shall keep proper accounts and other records in relation to them. The accounts and records shall show, in respect of the financial year to which they relate, a true and fair view of the trust’s activities. A trust shall prepare in respect of each financial year a statement of accounts complying with any requirement which the Secretary of State has (with the consent of the Treasury) notified in writing to the trust relating to— Subject to any requirement notified to the trust under sub-paragraph (3) above, in preparing any statement of accounts in accordance with that sub-paragraph the trust shall follow, with respect to each of the matters specified in paragraphs (a) to (c) of that sub-paragraph, such course as may for the time being be approved by the Secretary of State with the consent of the Treasury. Section 6 of the National Audit Act 1983 (which enables the Comptroller and Auditor General to conduct examinations into the economy, efficiency and effectiveness with which certain departments, authorities and bodies have used their resources) shall apply to a trust.
The trust’s accounts and statements of accounts shall be audited by an auditor to be appointed annually by the Secretary of State in relation to the trust. A person shall not be appointed under sub-paragraph (1) above unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006. A person shall not be qualified for appointment under sub-paragraph (1) above if the person is—
As soon as the accounts and statement of accounts of the trust for any financial year have been audited, the trust shall send to the Secretary of State a copy of the statement, together with a copy of any report made by the auditor on the statement or on the accounts.
As soon as possible after the end of each financial year, a trust shall make to the Secretary of State a report dealing generally with the trust’s operations during the year, and shall include in the report a copy of its audited statement of accounts for that year. Without prejudice to the generality of sub-paragraph (1) above, a report shall give particulars of the name and address of every person who, in the financial year to which the report relates, has received financial assistance from the trust under section 71(1) of this Act, together with particulars of the form of the assistance, the amount involved and the purpose for which the assistance was given. The Secretary of State shall lay a copy of the report before each House of Parliament.
Without prejudice to paragraph 13 above, a trust shall provide the Secretary of State with such information relating to its activities as he may require, and for that purpose shall permit any person authorised by the Secretary of State to inspect and make copies of the accounts, books, documents or papers of the trust and shall afford such explanation of them as that person or the Secretary of State may reasonably require.
Section 76.
In this Part of this Schedule “the principal section” means section 76 of this Act.
In the principal section and paragraph 3 below, “statutory undertakers” and “statutory undertaking” shall be construed in accordance with paragraph 4 below. In the principal section and the following provisions of this Part of this Schedule, “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.
In subsection (3) of the principal section the reference to the Secretary of State and the appropriate Minister— If, for the purposes of subsection (3) of the principal section, any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.
In the principal section and, except where the context otherwise requires, in paragraph 3 above “statutory undertakers” means— and “statutory undertaking” shall be construed accordingly.
persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of electricity, hydraulic power or water;
... the British Steel Corporation, the Civil Aviation Authority, . . ., . . ., . . . and any other authority, body or undertakers which, by virtue of any enactment, are to be treated as statutory undertakers for any of the purposes of the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 or the Planning (Hazardous Substances) Act 1990;
any other authority, body or undertakers specified in an order made by the Secretary of State; and
any wholly-owned subsidiary of any person, authority, body or undertakers mentioned in sub-paragraphs (a) and (b) above or specified in an order made under sub-paragraph (c) above;
An order under any provision of this Part of this Schedule shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Land Compensation Act 1961 shall have effect in relation to orders under section 76 of this Act subject to the modifications in paragraphs 7 to 11 below.
References to the date of service of a notice to treat shall be treated as references to the date on which an order under section 76 of this Act comes into force.
Section 17(2) shall be treated as if for the words “the acquiring authority have served a notice to treat in respect of the interest or an agreement has been made for the sale of the interest to that authority” there were substituted the words “an order under section 76 of the Housing Act 1988 vesting the land in which the interest subsists in a housing action trust has come into force, or an agreement has been made for the sale of the interest to such a trust”.
In section 22—
subsection (2) shall be treated as if at the end of paragraph (c) there were added the wordsor ; and
subsection (3) shall be treated as if, in paragraph (a), after the words “paragraph (b)” there were inserted “or paragraph (cc)”.
Any reference to a notice to treat in section 39(2) shall be treated as a reference to an order under section 76 of this Act.
In Schedule 2, paragraph 1(2) shall be treated as if at the end there were added the following paragraph—
In Schedule 2 to the Compulsory Purchase (Vesting Declarations) Act 1981 (vesting of land in urban development corporation), in paragraph I after the word “declaration)” there shall be inserted “ or under section 76 of the Housing Act 1988 (subsection (5) of which contains similar provision) ”. At the end of sub-paragraph (a) of paragraph 3 of that Schedule there shall be added “ or, as the case may be, the housing action trust ”.
Section 78.
The Acquisition of Land Act 1981 (in this Part referred to as “the 1981 Act”) shall apply in relation to the compulsory acquisition of land under section 77 of this Act with the modifications made by this Part of this Schedule.
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The reference in section 17(3) of the 1981 Act to statutory undertakers includes a reference to a housing action trust.
Subject to this paragraph, on an order under section 76 of this Act coming into force or the completion by a housing action trust of a compulsory acquisition of land under Part III of this Act, all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and any such apparatus shall vest in the trust. Sub-paragraph (1) above does not apply— In respect of any right or apparatus not falling within sub-paragraph (2) above, sub-paragraph (1) above shall have effect subject— Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this paragraph shall be entitled to compensation from the trust. Any compensation payable under this paragraph shall be determined in accordance with the Land Compensation Act 1961.
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Any consecrated land, whether including a building or not, which has been vested in or acquired by a housing action trust for the purposes of Part III of this Act may (subject to the following provisions of this paragraph) be used by the trust, or by any other person, in any manner in accordance with planning permission, notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land. Sub-paragraph (1) above does not apply to land which consists or forms part of a burial ground. Any use of consecrated land authorised by sub-paragraph (1) above, and the use of any land, not being consecrated land, vested or acquired as mentioned in that sub-paragraph which at the time of acquisition included a church or other building used or formerly used for religious worship or the site thereof, shall be subject to compliance with the prescribed requirements with respect to the removal and reinterment of any human remains, and the disposal of monuments and fixtures and furnishings; and, in the case of consecrated land, shall be subject to such provisions as may be prescribed for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part thereof, remains on the land. Any regulations made for the purposes of sub-paragraph (3) above— Any land consisting of a burial ground or part of a burial ground which has been vested in or acquired by a housing action trust for the purposes of Part III of this Act may be used by the trust in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds. Sub-paragraph (5) above shall not have effect in respect of any land which has been used for the burial of the dead until the prescribed requirements with respect to the removal and reinterment of human remains and the disposal of monuments in or upon the land have been complied with. Provision shall be made by any regulations made for the purposes ofsub-paragraphs (3) and (6) above— Subject to the provisions of any such regulations as are referred to in sub-paragraph (7) above, no faculty shall be required for the removal and reinterment in accordance with the regulations of any human remains or for the removal or disposal of any monuments, and the provisions of section 25 of the Burial Act 1857 (which prohibits the removal of human remains without the licence of the Secretary of State except in certain cases) shall not apply to a removal carried out in accordance with the regulations. Any power conferred by this paragraph to use land in a manner therein mentioned shall be construed as a power so to use the land, whether it involves the erection, construction or carrying out of any building or work, or the maintenance of any building or work, or not. Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such obligation, restriction or enactment as is mentioned in sub-paragraph (1) or sub-paragraph (5) above. Nothing in this paragraph shall be construed as authorising any act or omission on the part of a housing action trust, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the trust or body. In this paragraph “burial ground” includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and “monument” includes a tombstone or other memorial. In this paragraph “prescribed” means prescribed by regulations made by the Secretary of State. The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any land being, or forming part of, a common, open space or fuel or field garden allotment, which has been vested in or acquired by a housing action trust for the purposes of Part III of this Act may be used by the trust, or by any other person, in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated. Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such enactment as is mentioned in sub-paragraph (1) above. Nothing in this paragraph shall be construed as authorising any act or omission on the part of a housing action trust, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the trust or body.
If the Secretary of State certifies that possession of a house which has been vested in or acquired by a housing action trust for the purposes of Part III of this Act and is for the time being held by that trust for the purposes for which it was acquired, is immediately required for those purposes, nothing in the Rent (Agriculture) Act 1976 or the Rent Act 1977 or this Act shall prevent that trust from obtaining possession of the house.
Where any land has been vested in or acquired by a housing action trust for the purposes of Part III of this Act and is for the time being held by that trust for those purposes, the Secretary of State may by order extinguish any public right of way over the land. In sub-paragraph (2) above “the relevant highway authority” means any authority which is a highway authority in relation to the right of way proposed to be extinguished by the order under this paragraph. Where an objection to a proposal to make an order under this paragraph is duly made and is not withdrawn, the provisions of paragraph 10 below shall have effect in relation to the proposal. For the purposes of this paragraph an objection to such a proposal shall not be treated as duly made unless— Where it is proposed to make an order under this paragraph extinguishing a public right of way over a road on land acquired for the purposes of this Act by a housing action trust and compensation in respect of restrictions imposed under section 1 or section 2 of the Restriction of Ribbon Development Act 1935 in respect of that road has been paid by the highway authority (or, in the case of a trunk road, by the authority which, when the compensation was paid, was the authority for the purposes of section 4 of the Trunk Roads Act 1936), the order may provide for the payment by the housing action trust to that authority, in respect of the compensation so paid, of such sums as the Secretary of State, with the consent of the Treasury, may determine. Where the Secretary of State makes an order under this paragraph on the application of a housing action trust, he shall send a copy of it to the universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) who provides a universal postal service (within the meaning of that Part) for the area in which the land is situated.
In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification, if any, ought to be made. Unless the Secretary of State decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the Secretary of State shall, before making a final decision, consider the grounds of the objection as set out in the statement comprised in or submitted with the objection, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates. In so far as the Secretary of State, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the Secretary of State may treat the objection as irrelevant for the purpose of making a final decision. If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the Secretary of State is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the Secretary of State may make a final decision without further investigation as to those matters. Subject to sub-paragraphs (3) and (4) above, the Secretary of State, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State; and if the objector avails himself of that opportunity, the Secretary of State shall afford an opportunity of appearing and being heard on the same occasion to the housing action trust on whose representation the order is proposed to be made, and to any other persons to whom it appears to the Secretary of State to be expedient to afford such an opportunity. Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the Secretary of State that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.
Where an order under paragraph 9 above extinguishing a public right of way is made on the application of a housing action trust and at the time of the publication of the notice required by sub-paragraph (2) of that paragraph any electronic communications apparatus was kept installed for the purposes of an electronic communications code network under, in, on, over, along or across the land over which the right of way subsisted— As soon as practicable after the making of an order under paragraph 9 above extinguishing a public right of way in circumstances in which sub-paragraph (1) above applies in relation to the operator of an electronic communications code network , the Secretary of State shall give notice to the operator of the making of the order.
Where any land has been acquired by a housing action trust under section 77 of this Act and— the trust, if satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus, is necessary for the purpose of carrying out any development, may serve on the statutory undertakers a notice stating that, at the end of the period of 28 days from the date of service of the notice or such longer period as may be specified therein, the right will be extinguished or requiring that, before the end of that period, the apparatus shall be removed. The statutory undertakers on whom a notice is served under sub-paragraph (1) above may, before the end of the period of 28 days from the service of the notice, serve a counter-notice on the trust stating that they object to all or any provisions of the notice and specifying the grounds of their objection. If no counter-notice is served under sub-paragraph (2) above— If a counter-notice is served under sub-paragraph (2) above on a trust, the trust may either withdraw the notice (without prejudice to the service of a further notice) or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph embodying the provisions of the notice with or without modification. Where by virtue of this paragraph any right vested in or belonging to statutory undertakers is extinguished, or any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the trust. Sections 280 and 282 of the Town and Country Planning Act 1990 (measure of compensation to statutory undertakers) shall apply to compensation under sub-paragraph (5) above as they apply to compensation under section 279(2) of that Act. Except in a case in which paragraph 11 above has effect— Where paragraph (a) or paragraph (b) of sub-paragraph (1) above has effect as mentioned in sub-paragraph (7) above, in the rest of this paragraph and in paragraph 13 below,—
Before making an order under paragraph 12(4) above the Ministers proposing to make the order— and the Ministers may then, if they think fit, make the order in accordance with the application either with or without modification. Where an order is made under paragraph 12(4) above—
Subject to this paragraph, where any land has been acquired by a housing action trust under section 77 of this Act and— the undertakers may serve on the trust a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice. Where, after the land has been acquired as mentioned in sub-paragraph (1) above, development of the land is begun to be carried out, no notice under this paragraph shall be served later than 21 days after the beginning of the development. Where a notice is served under this paragraph the trust on which it is served may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice stating that it objects to all or any of the provisions of the notice and specifying the grounds of its objection. If no counter-notice is served under sub-paragraph (3) above, the statutory undertakers shall, after the end of the said period of 28 days, have the rights claimed in their notice. If a counter-notice is served under sub-paragraph (3) above, the statutory undertakers who served the notice under this paragraph may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them. Where by virtue of this paragraph or an order of Ministers made under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the trust for the works to be carried out by the trust, under the superintendence of the undertakers, instead of by the undertakers themselves. Where works are carried out for the removal or re-siting of statutory undertakers’ apparatus, being works which the undertakers have the right to carry out by virtue of this paragraph or an order of Ministers made under it, the undertakers shall be entitled to compensation from the trust. Sections 280 and 282 of the Town and Country Planning Act 1990 (measure of compensation to statutory undertakers) shall apply to compensation under sub-paragraph (7) above as they apply to compensation under section 279(4) of that Act. In sub-paragraph (1)(a) above, the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to electronic communications apparatus kept installed for the purposes of an electronic communications code network . Where sub-paragraph (1)(a) above has effect as mentioned in sub-paragraph (9) above, in the rest of this paragraph—
The powers conferred by this paragraph shall be exercisable where, on a representation made by statutory undertakers, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of those undertakers should be extended or modified, in order— The said acts and events are— The powers conferred by this paragraph shall also be exercisable where, on a representation made by a housing action trust, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of statutory undertakers should be extended or modified, in order to secure the provision of new services, or the extension of existing services, for the purposes of a designated area under Part III of this Act. Where the powers conferred by this paragraph are exercisable, the Secretary of State and the appropriate Minister may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order to secure the provision of the services in question, as mentioned in sub-paragraph (1)(a) or sub-paragraph (3) above, or to secure the adjustment in question, as mentioned in sub-paragraph (1)(b) above, as the case may be. Without prejudice to the generality of sub-paragraph (4) above, an order under this paragraph may make provision—
As soon as may be after making such a representation as is mentioned in sub-paragraph (1) or sub-paragraph (3) of paragraph 15 above— shall publish, in such form and manner as may be directed by the Secretary of State and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Secretary of State and the appropriate Minister, serve a like notice on such persons, or persons of such classes, as may be so directed. Orders under paragraph 15 above shall be subject to special parliamentary procedure.
Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligations incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this sub-paragraph applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order. Sub-paragraph (1) above applies to the following acts and events— As soon as may be after making a representation to the appropriate Minister under sub-paragraph (1) above, the appropriate statutory undertakers shall, as may be directed by the appropriate Minister, either publish (in such form and manner as may be so directed) a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons, or persons of such classes, as may be so directed, or both publish and serve such notices. If any objection to the making of an order under this paragraph is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure. Immediately after an order is made under this paragraph by the appropriate Minister, he shall publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours, and shall serve a like notice— Subject to the following provisions of this paragraph, an order under this paragraph shall become operative on the date on which the notice required by sub-paragraph (5) above is first published. Where in accordance with sub-paragraph (4) above the order is subject to special parliamentary procedure, sub-paragraph (6) above shall not apply. If any person aggrieved by an order under this paragraph wishes to question the validity of the order on the ground that it is not within the powers conferred by this paragraph, or that any requirement of this paragraph has not been complied with in relation to the order, he may, within six weeks from the date on which the notice required by sub-paragraph (5) above is first published, make an application to the High Court under this paragraph. On any application under sub-paragraph (8) above the High Court— Subject to sub-paragraph (8) above, the validity of an order under this paragraph shall not be questioned in any legal proceedings whatsoever, either before or after the order has been made.
For the purposes of paragraphs 15 and 17 above, an objection to the making of an order thereunder shall not be treated as duly made unless— Where an objection to the making of such an order is duly made in accordance with sub-paragraph (1) above and is not withdrawn, the following provisions of this paragraph shall have effect in relation thereto; but, in the application of those provisions to an order under paragraph 15 above, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister. Unless the appropriate Minister decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the appropriate Minister, before making a final decision, shall consider the grounds of the objection as set out in the statement, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates. In so far as the appropriate Minister after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision. If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required it is not submitted within the specified period, the appropriate Minister may make a final decision without further investigation as to those matters. Subject to sub-paragraphs (4) and (5) above, the appropriate Minister, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister; and if the objector avails himself of that opportunity, the appropriate Minister shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, local authority or Minister on whose representation the order is proposed to be made, and to any other persons to whom it appears to the appropriate Minister to be expedient to afford such an opportunity. Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with. In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification (if any) ought to be made.
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The Compulsory Purchase Act 1965 (in this Part of the Schedule referred to as “the 1965 Act”) shall have effect with the modifications necessary to make it apply to the compulsory purchase of rights by virtue of section 77(5) of this Act as it applies to the compulsory purchase of land so that, in appropriate contexts, references in the 1965 Act to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the particular context. Without prejudice to the generality of sub-paragraph (1) above, in relation to the purchase of rights in pursuance of section 77(5) of this Act—
For section 7 of the 1965 Act (which relates to compensation) there shall be substituted the following—
Section 8(1) of the Compulsory Purchase Act 1965 has effect as if references to acquiring land were to acquiring a right in the land, and Schedule 2A to that Act is to be read as if, for that Schedule, there were substituted—
The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), namely— section 9(4) (failure of owners to convey), paragraph 10(3) of Schedule 1 (owners under incapacity), paragraph 2(3) of Schedule 2 (absent and untraced owners), and paragraphs 2(3) and 7(2) of Schedule 4 (common land), shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority. Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer's or sheriff's warrant in the event of obstruction) of the Act shall be modified correspondingly. Section 20 of the 1965 Act (compensation for short-term tenants) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question. Section 22 of the 1965 Act (protection of acquiring authority’s possession of land where by inadvertence an interest in the land has not been purchased) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right in question, subject to compliance with that section as respects compensation.
Section 79(13).
This paragraph applies where, on the disposal of a house under section 79 of this Act, a discount is given to the purchaser by the housing action trust in accordance with a consent given by the Secretary of State under subsection (1) of that section and that consent does not exclude the application of this paragraph. 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 housing action trust such sum (if any) as the trust may demand in accordance with sub-paragraph (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 trust may demand such sum as it considers appropriate, up to and including the maximum amount specified in this paragraph. The maximum amount which may be demanded by the trust 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 79. 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 trust is reduced by one-fifth. Sub-paragraphs (4) to (6) are subject to paragraph 1A.
The liability that may arise under the covenant required by paragraph 1 above is a charge on the house, taking effect as if it had been created by deed expressed to be by way of legal mortgage. The charge has priority immediately after any legal charge securing an amount— but the housing action trust may at any time by written notice served on an approved lending institution postpone the charge taking effect by virtue of this paragraph to a legal charge securing an amount advanced or further advanced to the purchaser by that institution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The covenant required by paragraph 1 above 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 paragraph, 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. The approved lending institutions for the purposes of this paragraph are—
In calculating the maximum amount which may be demanded by the housing action trust under paragraph 1, 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. The amount to be disregarded under this paragraph 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 paragraph to make a determination for the purposes of this paragraph unless— If the district valuer does not make a determination for the purposes of this paragraph (and in default of an agreement), no amount is required to be disregarded under this paragraph.
A disposal, whether of the whole or part of the house, is a relevant disposal for the purpose of this Schedule if it is— For the purposes of sub-paragraph (1)(b) above it shall be assumed—
A disposal is an exempted disposal for the purposes of this Schedule if— For the purposes of sub-paragraph (1)(a) above, a person is a qualifying person in relation to a disposal if— Section 186 of the Housing Act 1985 applies to determine whether a person is a member of another person’s family for the purposes of sub-paragraph (2)(c) above. The orders referred to in sub-paragraph (1)(c) above are orders under—
This paragraph applies where, on the disposal of a house under section 79 of this Act, a discount is given to the purchaser by the housing action trust in accordance with a consent given by the Secretary of State under subsection (1) of that section and that consent does not exclude the application of this paragraph. 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 sub-paragraph (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 sub-paragraph (6) made to him for such consideration as is mentioned in paragraph 2B. The disposals within this sub-paragraph are— Regulations under this paragraph may, in particular, make provision— In sub-paragraph (7) any reference to the purchaser is a reference to the purchaser or his successor in title. Nothing in that sub-paragraph affects the generality of sub-paragraph (5). Regulations under this paragraph— The limitation imposed by a covenant within sub-paragraph (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 Schedule 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 paragraph 2A(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 paragraph). 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 paragraph 1 (repayment of discount on early disposal) would be discharged by the vendor. If the offer is accepted in accordance with regulations under paragraph 2A, no payment shall be required in pursuance of any such covenant as is mentioned in sub-paragraph (2), but the consideration shall be reduced, subject to sub-paragraph (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 sub-paragraph (2), the consideration shall not be reduced under sub-paragraph (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 paragraph 2A).
the covenant required by paragraph 1 above 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 paragraph 2 above cease to apply in relation to the property disposed of.
For the purpose of this Schedule, 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.
If a purchaser or his successor in title enters into an agreement within sub-paragraph (3), any liability arising under the covenant required by paragraph 1 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time. In sub-paragraph (1) “the appropriate time” means— An agreement is within this sub-paragraph if it is an agreement between the purchaser or his successor in title and any other person— Such an agreement is within sub-paragraph (3)— The Secretary of State may by order provide— An order under sub-paragraph (5)— In this paragraph—
In this Schedule— other expressions have the same meaning as in section 104 of this Act.
a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996,
“transferred property” means property which is the subject of a grant under section 104(1)(a) of this Act;
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.
was committed on or after the day on which this ground comes into force,
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.
Where a landlord makes a grant of transferred property, it shall ensure— Where the landlord’s title to the whole or any part of the transferred property is not registered— The Chief Land Registrar shall, for the purpose of the registration of title, accept such a certificate as is referred to in sub-paragraph (2)(b) above as sufficient evidence of the facts stated in it; but if as a result he has to meet a claim under the Land Registration Acts 1925 to 1986 the landlord is liable to indemnify him. On an application being made for registration of a disposition of registered land or, as the case may be, of the transferee’s title under a disposition of unregistered land, the Chief Land Registrar shall, if the conveyance contains the statement required by sub-paragraph (1)(a) above, enter in the register a restriction stating the requirement under section 105 of this Act of consent to subsequent disposals. Any reference in the preceding provisions of this paragraph to a statement or a certificate is a reference to a statement or, as the case may be, certificate in a form approved by the Chief Land Registrar.
If a lease granted under section 104(1)(b) of this Act comes to an end in such circumstances as may be prescribed, the public sector landlord which was the lessee under the lease shall, at such time as may be prescribed, furnish to the Chief Land Registrar such statement as may be prescribed. In any case where— then, notwithstanding anything in section 64 of the Land Registration Act 1925 (production of land certificate), notice of the grant of the right to buy lease may be entered in the register without production of the applicant’s land certificate, but without prejudice to the power of the Chief Land Registrar to compel production of the certificate.
Section 119.
In Part I of the Landlord and Tenant Act 1987 (tenants’ rights of first refusal), in section 2 (landlords for the purposes of Part I), in subsection (1) after “(2)” there shall be inserted “ and section 4(1A) ”.
In section 3 of that Act (qualifying tenants), in subsection (1) (paragraphs (a) to (c) of which exclude certain tenants) the word “or” immediately preceding paragraph (c) shall be omitted and at the end of that paragraph there shall be addedor . In subsection (2) of that section (which excludes persons having interests going beyond a particular flat), for paragraphs (a) and (b) there shall be substituted the words “ by virtue of one or more tenancies none of which falls within paragraphs (a) to (d) of subsection (1), he is the tenant not only of the flat in question but also of at least two other flats contained in those premises ”; and in subsection (3) of that section for “(2)(b)” there shall be substituted “ (2) ”.
In section 4 of that Act (relevant disposals) after subsection (1) there shall be inserted the following subsection— In subsection (2) of that section, in paragraph (a), at the end of sub-paragraph (i) there shall be inserted “or”, sub-paragraph (ii) shall be omitted and at the end of that paragraph there shall be inserted—.
In Part III of that Act (compulsory acquisition by tenants of their landlord’s interest), in section 26 (qualifying tenants), in subsection (2) (which excludes persons having interests going beyond a particular flat) for the words following “if” there shall be substituted “ by virtue of one or more long leases none of which constitutes a tenancy to which Part II of the Landlord and Tenant Act 1954 applies, he is the tenant not only of the flat in question but also of at least two other flats contained in those premises ”. At the end of the said section 26 there shall be added the following subsection—
In Part IV of that Act (variation of leases), for subsections (6) and (7) of section 35 (which make provision about long leases) there shall be substituted the following subsection—
In section 40 (application for variation of insurance provisions of lease of dwelling other than a flat) for subsection (4) (which makes provision about long leases) there shall be substituted the following subsections—
In Part VII of that Act (general), in section 58 (exempt landlords), in subsection (1) after paragraph (c) there shall be inserted the following paragraph—
Section 120.
In subsection (1), paragraph (b) and the word “and” immediately preceding it shall be omitted.
In subsection (2)—
in paragraph (a) the words “and deputy rent officers” shall be omitted;
in paragraph (b) the words “or deputy rent officer” shall be omitted;
in paragraph (d) the words “and deputy rent officers” and the word “and” at the end of the paragraph shall be omitted; and
paragraph (e) shall be omitted.
After subsection (2) there shall be inserted the following subsection—
In subsection (3) the words “and deputy rent officers” shall be omitted.
In subsection (7)—
in paragraph (b) the words “and deputy rent officers” shall be omitted, after the words “section 7” there shall be inserted “ “or section 24 ” and for the words following “1972” there shall be substituted “ “or ”; and
at the end of paragraph (b) there shall be inserted the following paragraph—.
Section 130.
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Section 135.
Section 140.
In section 4 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (recovery of possession of dwelling-houses in default of payment of rent precluded in certain cases) after subsection (2) there shall be inserted the following subsection—
For section 16 of that Act (protection of tenure of rented premises by extension of Rent Acts), as it applies otherwise than to Scotland, there shall be substituted the following section—
For the said section 16, as it applies to Scotland, there shall be substituted the following section—
Section 17 of that Act (provisions in case of rented premises which include accommodation shared otherwise than with landlord), as it applies otherwise than to Scotland, shall be amended in accordance with this paragraph. In subsection (1)— For subsection (2) there shall be substituted the following subsections—
The said section 17, as it applies to Scotland, shall be amended in accordance with this paragraph. In subsection (1)— For subsection (2) there shall be substituted the following subsections—
In section 18 of that Act (protection of tenure, in connection with employment, under a licence or rent-free letting), in subsection (1), as it applies otherwise than to Scotland,— In that subsection, as it applies to Scotland,— Subsection (2) of that section shall be omitted. In subsection (3) of that section, as it applies otherwise than to Scotland, at the end of paragraph (c) there shall be addedor
For section 19 of that Act (limitation on application of Rent Acts by virtue of sections 16 to 18), as it applies otherwise than to Scotland, there shall be substituted the following section—
For the said section 19, as it applies to Scotland, there shall be substituted the following section—
Section 20 of that Act (modification of Rent Acts as respects occupation by employees), as it applies otherwise than to Scotland, shall be amended in accordance with this paragraph. In subsection (1) after the words “Case I in Schedule 15 to the Rent Act 1977” there shall be inserted “ “or Ground 12 in Schedule 2 to the Housing Act 1988 ”. In subsection (2) after the words “Case 8 in the said Schedule 15” there shall be inserted “ “or, as the case may be, Ground 16 in the said Schedule 2 ” and for paragraph (b) there shall be substituted the following paragraph—. In subsection (3)—
The said section 20, as it applies to Scotland, shall be amended in accordance with this paragraph. In subsection (1) after the words “Case 1 in Schedule 2 to the Rent (Scotland) Act 1984” there shall be inserted the words “ “or Ground 13 in Schedule 5 to the Housing (Scotland) Act 1988 ”. In subsection (2) after the words “Case 7 in the said Schedule 2” there shall be inserted the words “ “or, as the case may be, Ground 17 in the said Schedule 5 ” and for paragraph (b) there shall be substituted the following paragraph—. In subsection (3)—
In section 22 of that Act (facilities for action on behalf of men serving abroad in proceedings as to tenancies), as it applies otherwise than to Scotland, in subsection (1)—
after the words “Rent Act 1977” there shall be inserted “ “or under Part I of the Housing Act 1988 ”;
for the words “Part V of that Act” there shall be substituted “ “Part V of the Rent Act 1977 or Part I of the Housing Act 1988 ”; and
in paragraph (a) after the word “tenancy” there shall be inserted “ “or licence ”.
In the said section 22, as it applies to Scotland, in subsection (1),—
for the words “Part III of the Rent Act 1965 or under the Rent (Scotland) Act 1971” there shall be substituted the words “ “the Rent (Scotland) Act 1984 or under Part II of the Housing (Scotland) Act 1988 ”;
for the words “rent tribunal” there shall be substituted the words “ “rent assessment committee ” and for the words “or tribunal” there shall be substituted the words “ “or committee ”;
for the words “Part VII of that Act” there shall be substituted the words “ “Part VII of the said Act of 1984 or under Part II of the Housing (Scotland) Act 1988 ”; and
in paragraph (a) after the word “tenancy” there shall be inserted the words “ “or licence ”.
Section 23 of that Act (interpretation of Part II), as it applies otherwise than to Scotland, shall be amended in accordance with this paragraph. In subsection (1)— At the end of subsection (1) there shall be inserted the following subsection— In subsection (3) after the words “Rent Act 1977” there shall be inserted “ “or Chapter I of Part I of the Housing Act 1988 ”.
The said section 23, as it applies to Scotland, shall be amended in accordance with this paragraph. In subsection (1)— In subsection (3) after the words “Rent (Scotland) Act 1984” there shall be inserted the words “ “or sections 12 to 31 of the Housing (Scotland) Act 1988 ”.
In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes) at the end of subsection (5) (bodies to whom that section applies) there shall be addedand
In section 29 of that Act (reservation of future right to develop) after subsection (6B) there shall be inserted the following subsection—
In Schedule 4A to that Act (which is set out in Schedule 4 to the Housing and Planning Act 1986 and excludes certain shared ownership leases from Part I of the 1967 Act) at the end of paragraph 2(1) there shall be added “ “or to a person who acquired that interest in exercise of the right conferred by Part IV of the Housing Act 1988 ”. In paragraph 2(2) of that Schedule, at the end of paragraph (e) there shall be added the following paragraph—.
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In section 25 of the Local Government Act 1974 (local government administration: authorities subject to investigation), in subsection (1) after paragraph (bd) there shall be inserted the following paragraph—.
In section 16 of the Consumer Credit Act 1974 (exempt agreements), in subsection (6B), in paragraph (a) after the words “England and Wales,” there shall be inserted “ “the Housing Corporation, Housing for Wales and ”.
In section 28 of the Rent (Agriculture) Act 1976 (rehousing: duty of housing authority concerned), the following subsection shall be inserted after subsection (14) of that section—
In the Rent Act 1977, sections 68 and 69, Part II of Schedule 11 and Schedule 12 (which provide for applications by a local authority for the determination of a fair rent and make provision about certificates of fair rent) shall cease to have effect except as respects applications made before the commencement of this Act.
In section 77 of that Act (which provides for the reference of restricted contracts to rent tribunals by the lessor, the lessee or the local authority) the words “or the local authority” shall be omitted.
Section 89 of the Rent Act 1977 (which provides for the phasing of progression to a registered rent in the case of housing association tenancies) and Schedule 8 to that Act (phasing of rent increases: general provisions) shall cease to have effect except with respect to an increase in rent up to, or towards, a registered rent in relation to which the relevant date for the purposes of the said Schedule 8 falls before this Act comes into force.
In section 137 of the Rent Act 1977 (effect on sub-tenancy of determination of superior tenancy), in subsection (1) the words “this Part of” shall be omitted.
In section 7 of the Protection from Eviction Act 1977 (service of notices), in subsection (3)(c) (certain licensors treated as landlords for the purposes of the section) the words “under a restricted contract (within the meaning of the Rent Act 1977)” shall be omitted.
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In Schedule 16 to the Local Government, Planning and Land Act 1980 (bodies to whom Part X applies) after paragraph 8 there shall be inserted the following paragraph—
In Schedule 28 to the Local Government, Planning and Land Act 1980, in paragraph 10 after the words “Rent Act 1977” there shall be inserted “ “or the Housing Act 1988. ”
In Schedule 6 to the Highways Act 1980, in Part I, in paragraph 1(3)(b)(i) after the words “Rent Act 1977” there shall be inserted “ “and licensees under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 ”.
In section 22 of the New Towns Act 1981 (possession of houses) after the words “Rent Act 1977” there shall be inserted “ “or Part I of the Housing Act 1988 ”.
In section 12(2) of the Acquisition of Land Act 1981 after the words “Rent (Agriculture) Act 1976” there shall be inserted “ “or a licensee under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 ”. In Schedule 1 to that Act, in paragraph 3(2) after the words “Rent (Agriculture) Act 1976” there shall be inserted “ “or a licensee under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 ”.
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In section 66 of the County Courts Act 1984 (trial by jury: exceptions), in subsection (1) at the end of paragraph (b)(iii) there shall be insertedor . In section 77(6) of that Act (appeals: possession proceedings) after paragraph (e) there shall be inserted the following paragraph—.
In section 22 of the Matrimonial and Family Proceedings Act 1984 (powers of the court in relation to certain tenancies of dwelling-houses), in paragraph (a) after the word “tenancy” there shall be inserted “ “or assured agricultural occupancy ”.
In section 101 of the Local Government Act 1985 (power by order to make incidental, consequential, etc. provisions) in subsection (1)(b) after second “Act” insert “ “or the Housing Act 1988 ”.
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In section 115 of that Act (meaning of “long tenancy”), in subsection (2)(c) after “1980” there shall be inserted “ “or paragraph 4(2)(b) of Schedule 4A to the Leasehold Reform Act 1967 ”.
In section 155 of that Act (repayment of discount on early disposal) after subsection (3) there shall be inserted the following subsection—
In section 171F of that Act (subsequent dealings after disposal of dwelling-house to private sector landlord: possession on grounds of suitable alternative accommodation) after “Rent Act 1977” there shall be inserted “ “or on Ground 9 in Schedule 2 to the Housing Act 1988 ”.
In section 236 of that Act at the end of subsection (2) (meaning of “occupying tenant”) there shall be added the wordsor
In section 238 of that Act (index of defined expressions in Part VII) before the entry relating to “clearance area” there shall be inserted— “ assured agricultural occupancysection 622 ”.
In section 247 of that Act (notification of certain disposals of land to the local housing authority), in subsection (5) (provision not to apply to certain disposals) after paragraph (c) there shall be inserted the following paragraph—.
assured agricultural occupancysection 622 assured tenancysection 622
In Part IX of that Act (slum clearance) in the following provisions relating to the recovery of possession, namely, sections 264(5), 270(3), 276 and 286(3), after the words “Rent Acts” there shall be inserted “ “or Part I of the Housing Act 1988 ”.
In section 309 of that Act (recovery of possession of premises for purposes of approved redevelopment), in paragraph (a) of subsection (1) after the words “the Rent Act 1977)” the following words shall be inserted “ “or let on or subject to an assured tenancy or assured agricultural occupancy ”; and in the words following paragraph (b) of that subsection after the words “section 98(1)(a) of the Rent Act 1977” there shall be inserted “ “or section 7 of the Housing Act 1988 ”.
In Part IX of that Act (slum clearance) in the following provisions relating to the recovery of possession, namely, section 270(3) , after the words “Rent Acts” there shall be inserted “ “or Part I of the Housing Act 1988 ”.
assured agricultural occupancysection 622 assured tenancysection 622
In section 368 of that Act (means of escape from fire: power to secure that part of house not used for human habitation), in subsection (6) after the words “Rent Acts” there shall be inserted “ “or Part I of the Housing Act 1988 ”.
In section 381 of that Act (general effect of control order), in subsection (3) after the words “Rent Acts” there shall be inserted “ “and Part I of the Housing Act 1988 ”.
In section 382 of that Act (effect of control order on persons occupying house) after subsection (3) there shall be inserted the following subsection— In subsection (4) of that section after paragraph (b) there shall be insertedor ; and for the words “either of those Acts” there shall be substituted “ “any of those Acts ”.
assured tenancysection 622 assured agricultural occupancysection 622
In section 429A of that Act (housing management: financial assistance etc.) in subsection (2), in paragraph (a) after the words “secure tenancies)” there shall be inserted “ “or subsection (2A) ” and at the end of that subsection there shall be inserted the following subsection—
charitysection 622 co-operative housing associationsection 5(2) housing associationsection 5(1) housing trust”section 6
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co-operative housing associationsection 5(2)
In section 533 of that Act (assistance for owners of defective housing: exceptions to eligibility) after the words “Rent (Agriculture) Act 1976” there shall be inserted “ “or who occupies the dwelling under an assured agricultural occupancy which is not an assured tenancy ”.
In section 553 of that Act (effect of repurchase of defective dwellings on certain existing tenancies) in subsection (2)—
in paragraph (a) after the words “protected tenancy” there shall be inserted “ “or an assured tenancy ”;
at the end of paragraph (b) there shall be added the words “ “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) or under section 20(1)(c) of that Act (notice served in respect of assured shorthold tenancies); and ”; and
after paragraph (b) there shall be added—.
In section 554 of that Act (grant of tenancy of defective dwelling to former owner-occupier) at the end of subsection (2) there shall be inserted the following subsection— In subsection (3) of that section, at the end of paragraph (b) there shall be insertedor
assured agricultural occupancysection 622 assured tenancysection 622
In section 612 of that Act (exclusion of Rent Act protection) after the words “the Rent Acts” there shall be inserted “ “or Part I of the Housing Act 1988 ”.
“assured tenancy” has the same meaning as in Part I of the Housing Act 1988; “assured agricultural occupancy” has the same meaning as in Part I of the Housing Act 1988
In Schedule 2 to that Act, in Part IV (grounds for possession: suitability of alternative accommodation) in paragraph 1, at the end of sub-paragraph (b) there shall be addedor .
section 50 of the Housing Act 1988 (housing association grants), or section 51 of that Act (revenue deficit grants).
In section 5 of the Landlord and Tenant Act 1985 (information to be contained in rent books), in subsection (1)(b) after the word “tenancy” there shall be inserted “ “or let on an assured tenancy within the meaning of Part I of the Housing Act 1988 ”. In subsection (2) of that section after the word “tenancy” there shall be added “ “or let on an assured tenancy within the meaning of Part I of the Housing Act 1988 ”.
In section 26 of that Act (tenants of certain public authorities excepted from provisions about service charges etc.) in subsection (3)(c) after the words “Housing Act 1980” there shall be inserted “ “or paragraph 4(2)(b) of Schedule 4A to the Leasehold Reform Act 1967 ”.
In Schedule 3 to the Agricultural Holdings Act 1986 (cases where consent of Tribunal to operation of notice to quit is not required), in Part II (provisions applicable to Case A: suitable alternative accommodation), in paragraph 3 after paragraph (b) there shall be insertedor At the end of the said paragraph 3 there shall be added the following sub-paragraph—
In Schedule 5 to that Act (notice to quit where tenant is a service man), in paragraph 2(2)(a) after the words “Rent Act 1977” there shall be inserted “ “or paragraph 7 of Schedule 1 to the Housing Act 1988 ”.
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In section 308 of the Insolvency Act 1986 (vesting in trustee of certain items of excess value), in subsection (1), for the words “the next section” there shall be substituted “ “section 309 ”.
In section 335 of that Act (adjustment between earlier and later bankruptcy estates), in subsection (4) after the words “replacement value)” there shall be inserted the words “ “or section 308A (vesting in trustee of certain tenancies) ”.
In section 351 of that Act (definitions), in paragraph (a), for the words “or 308” there shall be substituted “ “, section 308 ” and after the words “replacement value)” there shall be inserted “ “or section 308A (vesting in trustee of certain tenancies) ”.
In section 31 of the Social Security Act 1986 (information relating to housing benefit), in subsection (5) (information as to registered rents), after the words “housing benefit scheme” there shall be inserted “ “(a) ”, and at the end there shall be addedand .
In section 12 of the Housing (Scotland) Act 1987 (which relates, amongst other things, to the disposal by local authorities of land acquired or appropriated for housing purposes and of houses)—
in subsection (1)(c), for the words “subsection (5)” there shall be substituted the words “ “subsections (5) and (7) ”;
in subsection (7)—
for “(1)(d)” there shall be substituted “ “(1)(c) or (d) ”;
for the words “house or any part share thereof” there shall be substituted the words “ “land, house or part share thereof ”;
for the words “it is a house” there shall be substituted the words “ “, in the case of a house, it is one ”;
in subsection (8) after the word “apply” there shall be inserted the words “ “, in the case of a house, ”.
In section 13 of that Act (power of Secretary of State in certain cases to impose conditions on sale of local authority’s houses etc.) for the words “land or dwelling” there shall be substituted the words “ “or land ”.
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In section 33 of the Criminal Justice (Scotland) Act 1987 (sequestration of person holding realisable property), in subsection (2)(b) for the words “under subsection (6) of that section” there shall be substituted the words “ “under subsection (10) of section 31 of that Act or subsection (6) of the said section 32 of that Act ”.
In section 34 of that Act (bankruptcy in England and Wales of person holding realisable property), in subsection (2)(b) for the words “or 308” there shall be substituted “ “308 or 308A ” and after the word “replacement” there shall be inserted “ “and certain tenancies ”.
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In section 19 of the Housing (Scotland) Act 1988 (notice of proceedings for possession)—
in subsection (2) for the word “is” there shall be substituted the words “ “and particulars of it are ”;
in subsection (3) after the word “one” where it first occurs there shall be inserted the words “ “in the prescribed form ”.
In section 36 of that Act (damages for unlawful eviction)—
in subsection (2) for the word “calculated” there shall be substituted the word “ “likely ”;
in subsection (7)(b)—
after the word “of” where it first occurs there shall be inserted the words “ “the doing of acts or ”;
after the word “for” there shall be inserted the words “ “doing the acts or ”.
In section 38 of that Act (further offence of harassment)—
for the words from “In section 22” to “after subsection (2)” there shall be substituted the words—;
after “(2A)” there shall be inserted the words “ “Subject to subsection (2B) below ”;
for the word “calculated” there shall be substituted the word “ “likely ”;
the words “subject to subsection (2B) below” and “by reason only of conduct falling within paragraph (b) of that subsection” shall cease to have effect;
after the word “for” where it second occurs there shall be inserted the words “ “doing the acts or ”.
In section 36 of that Act (damages for unlawful eviction)—
in subsection (6), for the words “proceedings are begun to enforce the liability” there shall be substituted the words “ “the date on which the proceedings to enforce the liability are finally decided ”; and
after subsection (6) there shall be inserted the following subsections—.
In section 63 of that Act (consent for subsequent disposals) after subsection (2) there shall be inserted the following subsection—
In Schedule 4 to that Act (tenancies which cannot be assured tenancies) after paragraph 11 there shall be inserted the following paragraph—
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Housing for Wales
In section 342 of the Income and Corporation Taxes Act 1970 (disposals of land between Housing Corporation and housing societies) and in section 342A of that Act (disposals by certain housing associations) after the words “Housing Corporation” in each place where they occur there shall be inserted “or Housing for Wales”.
In section 32(7B)(b) of the Land Compensation Act 1973 (supplementary provisions about home loss payments) after the words “Housing Corporation” there shall be inserted “or Housing for Wales”.
Housing for Wales
Housing for Wales
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In section 5(3) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or to local authority etc.) after paragraph (d) there shall be inserted the following paragraph—.
In section 15(2)(a) of the Rent Act 1977 (landlord’s interest belonging to housing association etc.) after the words “Housing Corporation” there shall be inserted—.
In each of the following provisions of that Act, that is to say, sections 86(2)(a) (tenancies to which Part VI applies), 93(1) (increase of rent without notice to quit) and Schedule 12 (certificates of fair rent), in paragraph 12 (meaning of “secure tenancy”), after the words “Housing Corporation” there shall be inserted “or Housing for Wales”.
In section 7(5) of the Criminal Law Act 1977 (authorities who may authorise occupation by protected intending occupier for purposes of offence of adverse occupation of residential premises) after the words “Housing Corporation” there shall be inserted—.
In section 28A(2)(e) of the National Health Service Act 1977 (power to make payments towards expenditure on community services) at the end there shall be added the following sub-paragraphand
In section 28B(1)(b)(v) of that Act (power of Secretary of State to make payments towards expenditure on community services in Wales) for the words “the Housing Corporation” there shall be substituted “Housing for Wales”.
9a. Housing for Wales.
In section 107(3) of the Finance Act 1981 (exemption from stamp duty in case of sale of houses at discount by local authorities etc.) after paragraph (c) there shall be inserted the following paragraph—
In the Housing Act 1985 for the words “Housing Corporation” in each place where they occur there shall be substituted “Corporation”.
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the Corporation»section 6A
the Corporation» section 6A
the Corporation» section 6A
the Corporation» section 6A
the Corporation section» 6A
the Corporation» section 6A
In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) after paragraph (e) there shall be inserted the following paragraph—.
In section 376(4) of the Income and Corporation Taxes Act 1988 (qualifying borrowers and lenders) after paragraph (k) there shall be inserted the following paragraph—
In section 560(2)(e) of that Act (persons who are sub-contractors or contractors for the purposes of Chapter IV of Part XIII of that Act) after the words “Housing Corporation” there shall be inserted “Housing for Wales”.
Section 140. Chapter Short title Extend of repeal 14 & 15 Geo.VI c. 65. The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951. Section 18(2). 1976 c.80. The Rent (Agriculture) Act 1976. In section 4(2) the words “or, as the case may be, subsection (4)”.In section 13(3) the words “68, 69” and “or Part II of Schedule 11 or Schedule 12 to that Act”.In Schedule 4, in Part I, paragraph 2(2). 1977 c.42. The Rent Act 1977. Section 16A.Sections 19 to 21.In section 63, in subsection (1), paragraph (b) and the word “and” immediately preceding it; in subsection (2) in paragraph (a), the words “and deputy rent officers”, in paragraph (b), the words “or deputy rent officer”, in paragraph (d) the words “and deputy rent officers” and the word “and” at the endof the paragraph, andparagraph (e); in sub-section (3), the words “and deputy rent officers”;and in subsection (7)(b), the words “and deputy rent officers”.In section 67, in subsection (5), the words “and sections 68 and 69 of this Act” and in subsection (7), the words “Subject to section 69(4) of this Act.”Sections 68 and 69.In section 74, in subsection (2), in paragraph (a) “69”, in paragraph (b) the words “or II” and paragraph (c).In section 77(1) the words “or the local authority”.In section 80(1) the words “or the local authority”.Section 81A(1)(a).In section 87, in subsection (2), in paragraph (a) “69” and in paragraph (c) the words “and 12”.In section 88(2) the words “then, subject to section 89 of this Act”.Section 89.In section 103(1) the words “or the local authority”.In section 137 the words “this Part of”.In Schedule 1, in paragraph 1 the words “or, as the case may be, paragraph 3”, in paragraph 4, the words “or 3”, and paragraph 7.In Schedule 2, paragraph 6(3).Schedule 8.In Schedule 11, Part II.Schedule 12.In Schedule 14, paragraph 4.In Schedule 15, in Part IV, paragraph 4(2).In Schedule 20, paragraph 2(2).In Schedule 24, paragraph 8(3). 1977 c. 43. The Protection from Eviction Act 1977. In section 7(3)(c) the words from “under” to “1977)”. 1980 c.51. The Housing Act 1980. Section 52.Sections 56 to 58.Section 59(1).Section 60.Section 73(2).Section 76(2).In Schedule 9, paragraph 2.In Schedule 10, paragraph 2.In Schedule 25, paragraph 36, in paragraph 40 “68 (4)” and paragraphs 46 and 63. 1985 c. 51. The Local Government Act 1985. In Schedule 13, in paragraph 21, the words from “and section 19(5)(aa)” onwards. 1985 c.68. The Housing Act 1985. In section 80, in subsection (1) the words from “the Housing Corporation” to “charity or”, the words “housing association or” and subsection (2).Sections 199 to 201.In Schedule 5, in paragraph 3 the word “or” immediately following the entry for section 55 of the Housing Associations Act 1985; paragraphs 6 and 8. 1985 c.69. The Housing Associations Act 1985. In section 3(2) the words “of housing associations maintained under this section”.In section 18(3) the words from “and the Corporation” onwards.In section 40, the entries relating to housing association grant and revenue deficit grant.Sections 41 to 57.Section 62.In section 73, the entries relating to approved de-velopment programme,hostel deficit grant, housing association grant, housing project, revenue deficit grant, shared ownership agreement and shared ownership lease.Section 75(1)(d).In section 87(1) the words “registered housing asso-ciations and other”.In section 107, in subsection (3) the entries relating to sections 4, 44 and 45 and 52, and in subsection (4) the words “section 4(3)(h)”.In Schedule 5, in paragraph 5(3) of Part I and in paragraph 5(3) of Part II, the words “at such times and in such places as the Treasury may direct, and” and the words “withthe approval of the Treasury”.In Schedule 6, paragraph 3(3)(b). 1986 c.63. The Housing and Planning Act 1986. Section 7.Section 12.In section 13, subsections (1) to (3) and (5).Section 19.In Schedule 4, paragraphs 1(3) and 10.In Schedule 5, paragraph 8. 1986 c.65. The Housing (Scotland) Act 1986. Section 13(1).Sections 14 to 16.In Schedule 2, in paragraph 4(8), sub-paragraph (a) and, in sub-paragraph (b), the words “section 4(3)(h)”. 1987 c.26. The Housing (Scotland) Act 1987. In section 61(4)(b) the word “or” at the end of sub-paragraph (v) and at the end of sub-paragraph (vi). 1987 c.31. The Landlord and Tenant Act 1987. In section 3(1)(b) the word “or”.Section 4(2)(a)(ii).Section 45.Section 60(2).In Schedule 4, paragraph 7. 1988 c.9. The Local Government Act 1988. Section 24(5)(b). 1988 c.43. The Housing (Scotland) Act 1988. Section 4(4).In section 38, the words “subject to subsection (2B) below” and “by reason only of conduct falling within paragraph (b) of that subsection”.Schedule 3.In Schedule 9, paragraphs 6(b) and 7.In Schedule 10, the entry relating to the Housing Associations Act 1985.
The repeal of sections 19 to 21 of the Rent Act 1977 does not apply with respect to any tenancy or contract entered into before the coming into force of Part I of this Act nor to any other tenancy or contract which, having regard to section 36 of this Act, can be a restricted contract.
The repeal of section 52 of the Housing Act 1980 (protected shorthold tenancies) does not apply with respect to any tenancy entered into before the coming into force of Part I of this Act nor to any other tenancy which, having regard to section 34 of this Act, can be a protected shorthold tenancy.
The repeal of sections 56 to 58 of the Housing Act 1980 does not have effect in relation to any tenancy of a dwelling-house in Wales to which, by virtue of section 37(2) of this Act, section 1(3) of this Act does not apply.
The repeals in section 80 of the Housing Act 1985—
have effect (subject to section 35(5) of this Act) in relation to any tenancy or licence entered into before the coming into force of Part I of this Act unless, immediately before that time, the landlord or, as the case may be, the licensor is a body which, in accordance with the repeals, would cease to be within the said section 80; and
do not have effect in relation to a tenancy or licence entered into on or after the coming into force of Part I of this Act if the tenancy or licence falls within any of paragraphs (c) to (f) of subsection (4) of section 35 of this Act and
do not have effect in relation to a tenancy while it is a housing association tenancy.
section 16L
Before imposing a financial penalty on a person under section 16I or 16K a local housing authority must give the person notice of its proposal to do so (a “notice of intent”).
The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates. But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given—
The notice of intent must set out—
the date on which the notice of intent is given,
the amount of the proposed financial penalty,
the reasons for proposing to impose the financial penalty, and
information about the right to make representations under paragraph 4.
A person who is given a notice of intent may make written representations to the local housing authority about the proposal to impose a financial penalty. Any representations must be made within the period of 28 days beginning with the day after that on which the notice was given (“the period for representations”).
After the end of the period for representations the local housing authority must—
decide whether to impose a financial penalty on the person, and
if it decides to impose a financial penalty, decide the amount of the penalty.
If the authority decides to impose a financial penalty on the person, it must give the person a notice (a “final notice”) imposing that penalty.
The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given.
The final notice must set out—
the date on which the final notice is given,
the amount of the financial penalty,
the reasons for imposing the penalty,
information about how to pay the penalty,
the period for payment of the penalty,
information about rights of appeal, and
the consequences of failure to comply with the notice.
A local housing authority may at any time— The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given.
A person to whom a final notice is given may appeal to the First-tier Tribunal against— An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice was given. If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned. An appeal under this paragraph— On an appeal under this paragraph the First-tier Tribunal may confirm, vary or cancel the final notice. The final notice may not be varied under sub-paragraph (5) so as to make it impose a financial penalty of more than the local housing authority could have imposed.
This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay. The local housing authority which imposed the financial penalty may recover the whole or part of the penalty on the order of the county court as if it were payable under an order of that court. In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is— is conclusive evidence of that fact. A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved. In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.
Where a local housing authority imposes a financial penalty under this Act, it may apply the proceeds towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions under this Act or otherwise in relation to the private rented sector.
Any proceeds of a financial penalty imposed under this Act which are not applied in accordance with paragraph 12 must be paid to the Secretary of State.
In paragraph 12, enforcement functions “in relation to the private rented sector” means enforcement functions relating to— For the purposes of this paragraph “residential premises” has the meaning given by section 1 of the Housing Act 2004 except that it does not include social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008. For the purposes of this paragraph “tenancy” includes a licence to occupy.
An assured tenancy in respect of which a notice is served as mentioned in sub-paragraph (2) below. The notice referred to in sub-paragraph (1) above is one which—
An assured tenancy in respect of which a notice is served as mentioned in sub-paragraph (2) below. The notice referred to in sub-paragraph (1) above is one which—
An assured tenancy which contains a provision to the effect that the tenancy is not an assured shorthold tenancy.
An assured tenancy arising by virtue of section 39 above, other than one to which subsection (7) of that section applies.
An assured tenancy which became an assured tenancy on ceasing to be a secure tenancy.
An assured tenancy which ceases to be an assured shorthold tenancy by virtue of section 20B(2) or (4).
An assured tenancy arising by virtue of Schedule 10 to the Local Government and Housing Act 1989 (security of tenure on ending of long residential tenancies).
An assured tenancy which— The notice referred to in sub-paragraph (1)(c) above is one which—
An assured tenancy which comes into being by virtue of section 5 above on the coming to an end of an assured tenancy which is not a shorthold tenancy.
An assured tenancy— An assured tenancy falls within this sub-paragraph if— For the purposes of sub-paragraph (2)(b) above, an assured tenancy is an excepted tenancy if— An assured tenancy falls within this sub-paragraph if it comes into being by virtue of section 5 above on the coming to an end of a tenancy falling within sub-paragraph (2) above.