Housing Act 1985
Housing Act 1985 (1985 c. 68)
- Housing Act 1985 (1985 c. 68)
- PART I INTRODUCTORY PROVISIONS
- Local housing authorities
- 1 Local housing authorities.
- 2 The district of a local housing authority
- 3 Buildings situated in more than one district.
- Other authorities and bodies
- 4 Other descriptions of authority.
- 5 Housing associations.
- 6 Housing trusts.
- 6A The Corporation
- Supplementary provisions
- 7 Index of defined expressions: Part I.
- PART II PROVISION OF HOUSING ACCOMMODATION
- Main powers and duties of local housing authorities
- 8 Periodical review of housing needs.
- 9 Provision of housing accommodation.
- 10 Provision of furnishings and fittings.
- 11 Provision of board and laundry facilities.
- 11A Provision of welfare services.
- 12 Provision of shops, recreation grounds, etc.
- 13 Provision of streets, roads and open spaces and development generally.
- 14 Exercise of powers by authority outside district.
- Powers of authorities in London
- 15 Additional powers of authorities in London.
- 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Acquisition of land, etc.
- 17 Acquisition of land for housing purposes.
- 17A Compulsory acquisition of land by strategic authorities
- 18 Duties with respect to buildings acquired for housing purposes.
- 19 Appropriation of land.
- Housing management
- 20 Application of housing management provisions.
- 21 General powers of management.
- 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 23 Byelaws.
- 24 Rents.
- 25 Increase of rent where tenancy not secure.
- 26 Financial assistance towards tenants’ removal expenses.
- Management agreements
- 27 Management agreements.
- 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 27AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 27AB Management agreements with tenant management organisations.
- 27B Agreements with housing co-operatives under superseded provisions.
- Consultation with respect to housing management
- 27BA Consultation with respect to management.
- Proposals for co-operative management or ownership
- 27C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Powers of county councils
- 28 Reserve powers to provide housing accommodation.
- 29 Provision of accommodation for employees of county councils.
- Miscellaneous powers of other authorities and bodies
- 30 Application of provisions to development corporations, etc.
- 31 Power of bodies corporate to sell or let land for housing purposes.
- Disposal of land held for housing purposes
- 32 Power to dispose of land held for purposes of this Part.
- 33 Covenants and conditions which may be imposed.
- 34 Consents under ss. 32 and 33.
- 34A Requirements to co-operate in relation to certain disposals
- 35 Repayment of discount on early disposal.
- 35A Increase in value of house attributable to home improvements
- 36 Liability to repay is a charge on the premises.
- 36A Right of first refusal for local authority
- 36B Consideration payable for disposal under section 36A
- 37 Restriction on disposal of dwelling-houses in National Parks, etc.
- 38 Relevant disposals.
- 39 Exempted disposals.
- 39A Treatment of deferred resale agreements for purposes of section 35
- 40 Meaning of “compulsory disposal”.
- 41 Exempted disposals which end liability under covenants.
- 42 Treatment of options.
- 43 Consent required for certain disposals not within s. 32.
- 44 Avoidance of certain disposals of houses without consent.
- Restriction on service charges
- 45 Disposals in relation to which ss. 46 to 51 apply, etc. payable after disposal of house
- 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 47 Limitation of service charges.
- 48 Information as to relevant costs.
- 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 50 Offences.
- 51 Meaning of “qualified accountant”.
- Miscellaneous
- 52 Compliance with minimum standards in erection of houses.
- 53 Prefabs deemed to be houses provided under this Part.
- Supplementary provisions
- 54 Powers of entry.
- 55 Penalty for obstruction.
- 56 Minor definitions.
- 57 Index of defined expressions: Part II.
- PART III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Main definitions
- 58 Homelessness and threatened homelessness.
- 59 Priority need for accommodation.
- 60 Becoming homeless intentionally.
- 61 Local connection.
- Duties of local housing authorities with respect to homelessness and threatened homelessness
- 62 Inquiry into cases of possible homelessness or threatened homelessness.
- 63 Interim duty to accommodate in case of apparent priority need.
- 64 Notification of decision and reasons.
- 65 Duties to persons found to be homeless.
- 66 Duties to persons found to be threatened with homelessness.
- 67 Referral of application to another local housing authority.
- 68 Duties to persons whose applications are referred.
- 69 Provisions supplementary to ss. 63, 65 and 68.
- 70 Protection of property of homeless persons and persons threatened with homelessness.
- Administrative provisions
- 71 Guidance to authorities by the Secretary of State.
- 72 Co-operation between authorities.
- Assistance for voluntary organisations
- 73 Financial and other assistance for voluntary organisations concerned with homelessness.
- Supplementary provisions
- 74 False statements, withholding information and failure to disclose change of circumstances.
- 75 Meaning of accommodation available for occupation.
- 76 Application of this Part to cases arising in Scotland.
- 77 Minor definitions.
- 78 Index of defined expressions: Part III.
- PART IV SECURE TENANCIES AND RIGHTS OF SECURE TENANTS
- Security of tenure
- 79 Secure tenancies.
- 80 The landlord condition.
- 81 The tenant condition.
- 81ZA Grant of secure tenancies in cases of domestic abuse
- 82 Security of tenure.
- 82A Demotion because of anti-social behaviour
- 83 Proceedings for possession or termination: general notice requirements.
- 83ZA Notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour
- 83A Additional requirements in relation to certain proceedings for possession.
- 84 Grounds and orders for possession.
- 84A Absolute ground for possession for anti-social behaviour
- 85 Extended discretion of court in certain proceedings for possession.
- 85ZA Review of decision to seek possession on absolute ground for anti-social behaviour
- 85A Proceedings for possession on non-absolute grounds : anti-social behaviour
- 86 Periodic tenancy arising on termination of fixed term.
- Succession on death of tenant
- 86A Persons qualified to succeed tenant: England
- 87 Persons qualified to succeed tenant: Wales.
- 88 Cases where the tenant is a successor.
- 89 Succession to periodic tenancy.
- 90 Devolution of term certain.
- Assignment, lodgers and subletting
- 91 Assignment in general prohibited.
- 92 Assignments by way of exchange.
- 93 Lodgers and subletting.
- 94 Consent to subletting.
- 95 Assignment or subletting where tenant condition not satisfied.
- Repairs and improvements
- 96 Right to have repairs carried out.
- 97 Tenant’s improvements require consent.
- 98 Provisions as to consents required by s. 97.
- 99 Conditional consent to improvements.
- 99A Right to compensation for improvements.
- 99B Persons qualifying for compensation.
- 100 Power to reimburse cost of tenant’s improvements.
- 101 Rent not to be increased on account of tenant’s improvements.
- Variation of terms of tenancy
- 102 Variation of terms of secure tenancy.
- 103 Notice of variation of periodic tenancy.
- Provision of information and consultation
- 104 Provision of information about tenancies.
- 105 Consultation on matters of housing management.
- 106 Information about housing allocation.
- 106A Consultation before disposal to private sector landlord.
- Flexible tenancies
- 107A Flexible tenancies
- 107B Review of decisions relating to flexible tenancies
- 107C Termination of flexible tenancy by tenant
- 107D Recovery of possession on expiry of flexible tenancy
- 107E Review of decision to seek possession
- Miscellaneous
- 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 108 Heating charges
- 109 Provisions not applying to tenancies of co-operative housing associations.
- Supplementary provisions
- 109A Acquisition of dwelling-house subject to statutory tenancy.
- 110 Jurisdiction of county court.
- 111 County court rules and directions.
- 111A Introductory tenancies
- 112 Meaning of “dwelling-house”.
- 113 Members of a person’s family.
- 114 Meaning of “landlord authority”.
- 115 Meaning of “long tenancy”.
- 115A Meaning of “introductory tenancy”.
- 116 Minor definitions.
- 117 Index of defined expressions: Part IV
- PART V THE RIGHT TO BUY
- The right to buy
- 118 The right to buy.
- 119 Qualifying period for right to buy.
- 120 Exceptions to the right to buy
- 121 Circumstances in which the right to buy cannot be exercised.
- 121ZA Restriction on exercising the right to buy in Wales
- 121ZB Exceptions to restriction on exercising the right to buy in Wales
- 121A Order suspending right to buy because of anti-social behaviour
- 121AA Information to help tenants decide whether to exercise right to buy etc.
- 121B Provision of information
- Claim to exercise right to buy
- 122 Tenant’s notice claiming to exercise right to buy.
- 122A Applications to suspend the right to buy etc in parts of Wales: effect on claims to exercise the right
- 122B Suspension of the right to buy in parts of Wales
- 123 Claim to share right to buy with members of family.
- 124 Landlord’s notice admitting or denying right to buy.
- 125 Landlord’s notice of purchase price and other matters.
- 125A Estimates and information about service charges.
- 125B Estimates and information about improvement contributions.
- 125C Reference period for purposes of ss. 125A and 125B.
- 125D Tenant’s notice of intention.
- 125E Landlord’s notice in default.
- Purchase price
- 126 Purchase price.
- 127 Value of dwelling-house.
- 128 Determination of value by district valuer.
- 128A Determination of value: review notices
- 128B Review of determination of value
- 129 Discount.
- 130 Reduction of discount where previous discount given.
- 131 Limits on amount of discount
- The right to a mortgage
- 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Change of tenant or landlord after service of notice claiming right to buy
- 136 Change of secure tenant after notice claiming right to buy.
- 137 Change of landlord after notice claiming right to buy or right to a mortgage.
- Completion of purchase in pursuance of right to buy
- 138 - Duty of landlord to convey freehold or grant lease.
- 138A Effect of initial demolition notice served before completion
- 138B Effect of final demolition notice served before completion
- 138C Compensation where demolition notice served
- 139 Terms and effect of conveyance or grant and mortgage.
- 140 Landlord’s first notice to complete.
- 141 Landlord’s second notice to complete.
- 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 142A Termination of the right to acquire on rent to mortgage terms
- Right to acquire on rent to mortgage terms
- 143 Right to acquire on rent to mortgage terms.
- 143A Right excluded by entitlement to housing benefit.
- 143B Right excluded if minimum initial payment exceeds maximum initial payment.
- 144 Tenant’s notice claiming right.
- 145 Tenant’s initial share.
- 146 Landlord’s notice admitting or denying right.
- 146A Tenant’s notice of intention.
- 146B Landlord’s notice in default.
- 147 Notice of landlord’s share and initial discount.
- 148 Determination of landlord’s share, initial discount etc.
- 149 Change of landlord after notice claiming right.
- 150 Duty of landlord to convey freehold or grant lease.
- 151 Terms and effect of conveyance or grant: general.
- 151A Redemption of landlord’s share.
- 151B Mortgage for securing redemption of landlord’s share.
- 152 Landlord’s first notice to complete.
- 153 Landlord’s second notice to complete.
- Tenant’s sanction for landlord’s delays
- 153A Tenant’s notices of delay.
- 153B Payments of rent attributable to purchase price etc.
- Registration of title
- 154 Registration of title.
- Provisions affecting future disposals
- 155 Repayment of discount on early disposal.
- 155A Amount of discount which may be demanded by landlord: right to buy
- 155B Amount of discount which may be demanded by landlord: right to acquire on rent to mortgage terms
- 155C Increase attributable to home improvements
- 156 Liability to repay is a charge on the premises.
- 156A Right of first refusal for landlord etc.
- 157 Restriction on disposal of dwelling-houses in National Parks, etc.
- 158 Consideration for disposal under section 156A
- 159 Relevant disposals.
- 160 Exempted disposals.
- 161 Meaning of “compulsory disposal”.
- 162 Exempted disposals which end liability under covenants.
- 163 Treatment of options.
- 163A Treatment of deferred resale agreements for purposes of section 155
- Powers of Secretary of State
- 164 Secretary of State’s general power to intervene.
- 165 Vesting orders for purposes of s. 164.
- 166 Other provisions supplementary to s. 164.
- 167 Power to give directions as to covenants and conditions.
- 168 Effect of direction under s. 167 on existing covenants and conditions.
- 169 Power to obtain information, etc.
- 170 Power to give assistance in connection with legal proceedings.
- Power to extend right to buy, etc.
- 171 Power to extend right to buy, etc.
- Preservation of right to buy on disposal to private sector landlord
- 171A Cases in which right to buy is preserved.
- 171B Extent of preserved right: qualifying persons and dwelling-houses.
- 171C Modifications of this Part in relation to preserved right.
- 171D Subsequent dealings: disposal of landlord’s interest in qualifying dwelling-house.
- 171E Subsequent dealings: termination of landlord’s interest in qualifying dwelling-house.
- 171F Subsequent dealings: transfer of qualifying person to alternative accommodation.
- 171G Land registration and related matters.
- 171H Disposal after notice claiming to exercise right to buy, etc.
- Modifications of Leasehold Reform Act 1967 in relation to leases granted under this Part
- 172 Exclusion of leases where landlord is housing association and freeholder is a charity.
- 173 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 174 Leases granted under this Part to be treated as long leases at a low rent.
- 175 Determination of price payable.
- Supplementary provisions
- 176 Notices.
- 177 Errors and omissions in notices.
- 178 Costs.
- 179 Provisions restricting right to buy, etc. of no effect.
- 180 Statutory declarations.
- 181 Jurisdiction of county court.
- 182 Power to repeal or amend local Acts.
- 183 Meaning of “house”, “flat” and “dwelling-house”.
- 184 Land let with or used for purposes of dwelling-house.
- 185 Meaning of “secure tenancy” and “secure tenant”.
- 186 Members of a person’s family.
- 187 Minor definitions.
- 188 Index of defined expressions: Part V
- PART VI REPAIR NOTICES
- Repair Notices
- 189 Repair notice in respect of unfit dwelling-house.
- 190 Repair notice in respect of dwelling-houseor house in multiple occupation in state of disrepair but not unfit.
- 190A Effect on section 189 of proposal to include premises in group repair scheme.
- 191 Appeals against repair notices.
- 191A Execution of works by local housing authority by agreement
- 192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Enforcement
- 193 Power of local housing authority to execute works.
- 194 Notice of authority’s intention to execute works.
- 195 Power of court to order occupier or owner to permit things to be done.
- 196 Power of court to authorise owner to execute works on default of another owner.
- 197 Powers of entry.
- 198 Penalty for obstruction.
- 198A Penalty for failure to execute works.
- Provisions for protection of owner and others
- 199—201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 202 Owner not in receipt of rents, &c. to receive notice of proceedings.
- 203 Saving for rights arising from breach of covenant, &c.
- 204 Effect of approved proposals for re-development.
- Supplementary provisions
- 205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 206 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 207 Minor definitions.
- 208 Index of defined expressions: Part VI.
- 209—238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- PART VIII AREA IMPROVEMENT
- Housing action areas
- 239 Declaration of housing action area.
- 240 Steps to be taken after declaration of housing action area.
- 241 Functions of Secretary of State with respect to declaration of housing action area.
- 242 Incorporation into housing action area of land comprised in general improvement area.
- 243 General powers of local housing authority.
- 244 Environmental works.
- 245 Contributions by Secretary of State.
- 246 Duty to publish information.
- 247 Changes of ownership or occupation of land to be notified to local housing authority.
- 248 Form and contents of notification under s. 247.
- 249 Penalty for failure to notify, &c.
- 250 Exclusion of land from, or termination of, housing action area.
- 251 Extension of duration of housing action area.
- 252 Meaning of “housing accommodation” and related expressions.
- General improvement areas
- 253 Declaration of general improvement area.
- 254 Steps to be taken after declaration.
- 255 General powers of local housing authority.
- 256 Power to apply for orders extinguishing right to use vehicles on highway.
- 257 Duty to publish information.
- 258 Exclusion of land from, or termination of, general improvement area.
- 259 Contributions by Secretary of State.
- Supplementary provisions
- 259A Effect of resolutions relating to housing action area or general improvement area.
- 259B Effect of certain resolutions passed before commencement of s. 259A.
- 260 Powers of entry.
- 261 Penalty for obstruction.
- 262 Minor definitions.
- 263 Index of defined expressions: Part VIII
- PART IX SLUM CLEARANCE
- Demolition or closing of unfit premises beyond repair at reasonable cost
- 264 Power to make closing order.
- 265 Demolition orders
- 266 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 267 Content of demolition . . . .
- 268 Service of copies of demolition order.
- 269 Right of appeal against order.
- 269A Appeals suggesting certain other courses of action
- Demolition orders
- 270 Demolition orders: recovery of possession of building to be demolished.
- 271 Demolition orders: execution of order.
- 272 Demolition orders: expenses of local housing authority, &c.
- 273 Demolition orders: cleansing before demolition.
- 274 Demolition orders: power to permit reconstruction of condemned house.
- 274A Effect of certain enforcement action under the Housing Act 2004
- 275 Demolition orders: substitution of prohibition order to permit use otherwise than for human habitation
- Closing orders
- 276 Closing orders: recovery of possession of house.
- 277 Closing orders: enforcement.
- 278 Closing orders: determination of order on premises being rendered fit.
- 279 Closing orders: substitution of demolition order.
- 280—282. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Demolition of obstructive buildings
- 283 Buildings liable to be demolished as “obstructive buildings”.
- 284 Obstructive building order.
- 285 Right of appeal against obstructive building order.
- 286 Obstructive building order: recovery of possession of building to be demolished.
- 287 Execution of obstructive building order.
- 288 Obstructive buildings: expenses of local housing authority, &c.
- Clearance areas
- 289 Declaration of clearance area.
- 290 Acquisition of land for clearance.
- 291 Method of dealing with land acquired for clearance.
- 292 Power to discontinue proceedings if acquisition of land proves unnecessary.
- 293 Property belonging to the local housing authority.
- 294 Extinguishment of public rights of way over land acquired.
- 295 Extinguishment of other rights over land acquired.
- 296 Apparatus of statutory undertakers.
- 297 Procedure for removal or alteration of apparatus under s. 296.
- 298 Electronic communications apparatus
- 299 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Use of condemned houses for temporary housing accommodation
- 300 Purchase of houses liable to be demolished or to be subject to a prohibition order.
- 301 Retention of houses acquired for clearance.
- 302 Management and repair of houses acquired under s. 300 or retained under s. 301
- Listed buildings
- 303 Meaning of “listed building”.
- 304 Demolition order not to be made in respect of listed building .
- 305 Building becoming listed when subject to compulsory purchase for clearance.
- 306 Building becoming listed when acquired by agreement for clearance.
- Provisions for protection or assistance of owners
- 307 Saving for rights arising from breach of covenant, &c.
- 308 Approval of owner’s proposals for redevelopment.
- 309 Recovery of possession of premises for purposes of approved re-development.
- 310 Certificate of fitness resulting from owner’s improvements or alterations.
- 311 Consideration of proposals under s. 308 or s. 310 with respect to premises in clearance area.
- 312—314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Miscellaneous
- 315 Power of court to order occupier or owner to permit things to be done.
- 316 Power of court to authorise owner to demolish premises on default of another owner.
- 317 Power of court to determine lease where premises demolished . . . .
- 318 Power of tribunal to authorise execution of works on unfit premises or for improvement.
- Supplementary provisions
- 319 Powers of entry.
- 320 Penalty for obstruction.
- 321 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 322 Minor definitions.
- 323 Index of defined expressions: Part IX.
- PART X OVERCROWDING
- Definition of overcrowding
- 324 Definition of overcrowding.
- 325 The room standard.
- 326 The space standard.
- Responsibility of occupier
- 327 Penalty for occupier causing or permitting overcrowding.
- 328 Exception:children attaining age of 1 or 10.
- 329 Exception; visiting member of family.
- 330 Licence of local housing authority.
- Responsibilities of landlord
- 331 Penalty for landlord causing or permitting overcrowding.
- 332 Information to be contained in rent book.
- 333 Duty to inform local housing authority of overcrowding.
- Powers and duties of local housing authority
- 334 Duty to inspect, report and prepare proposals.
- 335 Power to require information about persons sleeping in dwelling.
- 336 Power to require production of rent book.
- 337 Power of entry to determine permitted number of persons.
- 338 Notice to abate overcrowding.
- Supplementary provisions
- 339 Enforcement of this Part.
- 340 Powers of entry.
- 341 Penalty for obstruction.
- 342 Meaning of “suitable alternative accommodation”.
- 343 Minor definitions.
- 344 Index of defined expressions:Part X
- PART XI HOUSES IN MULTIPLE OCCUPATION
- Introductory
- 345 Meaning of “multiple occupation”.
- Registration schemes
- 346 Registration schemes.
- 346A Contents of registration scheme.
- 346B Model schemes and confirmation of schemes.
- 347 Control provisions.
- 348 Control provisions: decisions on applications and appeals.
- 348A Control provisions: other decisions and appeals.
- 348B Special control provisions.
- 348C Special control provisions: general provisions as to decisions and appeals.
- 348D Special control provisions: occupancy directions.
- 348E Special control provisions: decisions and appeals relating to occupancy directions.
- 348F Special control provisions: “relevant management failure”.
- 348G Offences in connection with registration schemes.
- 349 Steps required to inform public about schemes.
- 350 Power to require information for purposes of scheme.
- 351 Proof of scheme and contents of register.
- Fitness for the number of occupants
- 352 Power to require execution of works to render premises fit for number of occupants.
- 352A Recovery of expenses of notice under s.352.
- 353 Appeal against notice under s. 352.
- 354 Power to limit number of occupants of house.
- 355 Effect of direction under s. 354.
- 356 Power to require information about occupation of house.
- 357 Revocation or variation of direction under s. 354.
- Overcrowding
- 358 Service of overcrowding notice.
- 359 Contents of overcrowding notice.
- 360 Requirement as to overcrowding generally.
- 361 Requirement as to new residents.
- 362 Appeal against overcrowding notice.
- 363 Revocation and variation of notice.
- 364 Power to require information where notice in force.
- 365 Means of escape from fire; general provisions as to exercise powers.
- 366, 367. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 368 Means of escape from fire: power to secure that part of house not used for human habitation.
- Standards of management
- 369 The management code.
- 370, 371. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 372 Power to require execution of works to remedy neglect of management.
- 373 Appeal against notice under s. 372.
- 374 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Supplementary provisions as to works notices
- 375 Carrying out of works by local housing authority.
- 376 Penalty for failure to execute works.
- 377 Powers of court to facilitate execution of works, &c.
- 377A Works notices: improvement of enforcement procedures.
- 378 Provisions for protection of owners.
- 379 Making of control order.
- 380 Modification of control order where proprietor resides in part of house.
- 381 General effect of control order.
- 382 Effect of control order on persons occupying house.
- 383 Effect of control order in relation to furniture in case of furnished letting.
- 384 Appeal against control order.
- 385 General duties of local housing authority when control order is in force.
- 386 Duty to prepare management scheme.
- 387 Right of entry for inspection and carrying out of works.
- 388 Power to supply furniture and fittings.
- 389 Compensation payable to dispossessed proprietor.
- 390 Facilities to be afforded to dispossessed proprietor and others.
- 391 Power of court to modify or determine lease.
- 392 Expiry or revocation of control order.
- 393 Appeal against refusal to revoke control order.
- 394 Cessation of control order.
- General supplementary provisions
- 395 Powers of entry.
- 395A Codes of practice.
- 396 Penalty for obstruction.
- 397 Warrant to authorise entry.
- 398 Meaning of “lessee”, “owner”, “person, having control” and similar expressions.
- 399 Minor definitions.
- 400 Index of defined expressions: Part XI.
- Introductory
- 401 Meaning of “common lodging house”.
- Regulation of common lodging houses
- 402 No person to keep a common lodging house unless registered.
- 403 Register of common lodging house keepers and their houses.
- 404 Provisions with respect to registration.
- 405 Appeals against refusal of registration.
- 406 Byelaws as to common lodging houses.
- 407 Management and control of common lodging houses.
- 408 Offences.
- 409 Power of court on conviction to cancel registration and to disqualify for re-registration
- Enforcement
- 410 Duty of local housing authority to enforce this Part.
- 411 Powers of entry.
- 412 Penalty for obstruction.
- 413 Restriction on right to prosecute.
- Supplementary provisions
- 414 Evidence in legal proceedings.
- 415 Power to apply provisions to Crown property
- 416 Index of defined expressions: Part XII.
- PART XIII GENERAL FINANCIAL PROVISIONS
- 417—420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Housing subsidy
- 421 Housing subsidy.
- 422 Calculation of housing subsidy for local housing authorities.
- 423 The base amount.
- 424 The housing costs differential.
- 425 The local contribution differential.
- 426 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 427 Recoupment of subsidy in certain cases.
- 427A Entitlement to subsidy in case of land subject to management agreement.
- Borrowing powers
- 428 Continuance of certain powers to borrow for housing purposes.
- Miscellaneous
- 429 The improvement for sale scheme.
- 429A Housing management: financial assistance etc.
- 431 Control of expenditure by housing authorities on works of conversion or improvement.
- 432 Superseded contributions, subsidies, grants, and other financial matters.
- Supplementary
- 433 Minor definitions.
- 434 Index of defined expressions: Part XIII.
- PART XIV LOANS FOR ACQUISITION OR IMPROVEMENT OF HOUSING
- Local authority mortgages
- 435 Power of local authorities to advance money.
- 436 Terms of advance.
- 437 Power of local authority on disposal to leave amount outstanding on mortgage.
- 438 Local authority mortgage interest rates.
- 439 Requirements as to fitness of premises, &c.
- 440 Deposits in respect of maintenance or repair of mortgaged premises.
- 441 Waiver or reduction of payments in case of property requiring repair or improvement.
- Local authority assistance in connection with mortgages
- 442 Agreement by local authority to indemnify mortgagee.
- 443 Local authority contributions to mortgage costs.
- 444 Relevant advances for the purposes of section 443.
- Assistance for first-time buyers
- 445 Advances to recognised lending institutions to assist first-time buyers.
- 446 Forms of assistance and qualifying conditions.
- 447 Recognised lending institutions.
- 448 Recognised savings institutions.
- 449 Terms of advances and administration.
- 450 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Loans in respect of service charges
- 450A Right to a loan in certain cases after exercise of right to buy.
- 450B Power to make loans in other cases.
- 450C Supplementary provisions as to regulations under s. 450A or 450B.
- Other financial assistance in respect of service charges
- 450D Purchase of equitable interests
- Miscellaneous
- 451 Local loans made by the Treasury.
- 452 Vesting of house in authority entitled to exercise power of sale.
- 453 Further advances in case of disposal on shared ownership lease.
- 454 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 455 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 456 Advances under the Small Dwellings Acquisition Acts.
- Supplementary provisions
- 457 Meaning of “house” and “house property”.
- 458 Minor definitions.
- 459 Index of defined expressions: Part XIV.
- PART XV GRANTS FOR WORKS OF IMPROVEMENT, REPAIR AND CONVERSION
- 460—520. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 521, 522. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Miscellaneous
- 523 Assistance for provision of separate service pipe for water supply.
- 524 Contributions under superseded enactments.
- General supplementary provisions
- 525 Minor definitions.
- 526 Index of defined expressions: Part XV
- PART XVI ASSISTANCE FOR OWNERS OF DEFECTIVE HOUSING
- Eligibility for assistance
- 527 Eligibility for assistance.
- 528 Designation of defective dwellings by Secretary of State.
- 529 Variation or revocation of designation.
- 530 Meaning of “relevant interest”.
- 531 Conditions of eligibility: disposal by public sector authority, &c.
- 532 Construction of references to disposal, &c.
- 533 Exceptions to eligibility.
- Determination of entitlement
- 534 Application for assistance.
- 535 Application not to be entertained where grant application pending or approved.
- 536 Determination of eligibility.
- 537 Determination of form of assistance to which applicant is entitled.
- 538 Conditions for assistance by way of reinstatement grant.
- 539 Meaning of “work required for reinstatment” and “associated arrangement”.
- 540 Notice of determination.
- Assistance by way of reinstatement grant
- 541 Reinstatement grant.
- 542 Conditions of payment of reinstatement grant.
- 543 Amount of reinstatement grant.
- 544 Changes in work or expenditure.
- 545 Payment of reinstatement grant.
- 546 Repayment of grant for breach of condition.
- Assistance by way of repurchase
- 547 Repurchase.
- 548 Repurchase by authority other than local housing authority.
- 549 Interest subject to right of pre-emption &c.
- 550 Compulsory purchase compensation to be made up to 95 per cent of defect-free value.
- 551 Supplementary provisions as to payments under s. 549 or 550.
- 552 Reimbursement of expenses incidental to repurchase.
- Effect of repurchase on occupier
- 553 Effect of repurchase on certain existing tenancies (England)
- 553A Effect of repurchase on certain existing tenancies (Wales)
- 554 Grant of tenancy to former owner-occupier.
- 555 Grant of tenancy to former statutory tenant.
- 556 Alternative accommodation under s. 554 or 555,
- 557 Request for tenancy under s. 554 or 555.
- 558 Interpretation of ss. 553 to 557.
- Local schemes
- 559 Designation of defective dwellings under local schemes.
- 560 Variation or revocation of designation under local scheme.
- 561 Secretary of State’s control over designation, variation or revocation.
- Miscellaneous
- 562 Duty of local housing authority to publicise availability of assistance.
- 563 Duties of public sector authority disposing of defective dwelling.
- 564 Reinstatement of defective dwelling by local housing authority.
- 565 Death of person eligible for assistance, &c.
- 566 Dwellings included in more than one designation.
- 567 Modifications of this Part in relation to shared ownership leases.
- 568 Extension of assistance to mortgagees.
- Contributions by Secretary of State
- 569 Contributions by Secretary of State.
- 570 Power to vary relevant percentage.
- Supplementary provisions
- 571 Service of notices.
- 572 Jurisdiction of county court.
- 573 Meaning of “public sector authority”.
- 574 Disposal of certain Crown interests in land treated as disposal by public sector authority.
- 575 Meaning of “dwelling” and “house”.
- 576 Meaning of “lending institution”.
- 577 Index of defined expressions: Part XVI.
- PART XVII COMPULSORY PURCHASE AND LAND COMPENSATION
- Introductory
- 578 General enactments relating to compulsory purchase, &c., apply subject to this Part.
- 578A Modification of compulsory purchase order in case of acquisition of land for clearance.
- 579 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Compulsory purchase
- 580—581. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 582 Restriction on recovery of possession after making of compulsory purchase order.
- 583 Continuance of tenancies of housees compulsorily acquired and to be used for housing purposes.
- 584 Power to enter and determine short tenancies of land acquired or appropriated.
- 584A Compensation payable in case of prohibition and demolition orders.
- 584B Repayment on revocation of demolition or prohibition order.
- 585—592. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Other land Compensation Matters
- 593—595 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 596 Power to compensate shop-keepers in areas affected by clearance.
- 597 Compensation payable on demolition of obstructive building.
- 598 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 599 Application of compensation due to another local authority.
- Supplementary provisions
- 600 Powers of entry.
- 601 Penalty for obstruction.
- 602 Minor definitions.
- 603 Index of defined expressions: Part XVII.
- PART XVIII MISCELLANEOUS AND GENERAL PROVISIONS
- General provisions relating to housing conditions
- 604 Fitness for human habitation.
- 604A Authority to consider guidance given by Secretary of State in deciding whether to take action under Section 189, Section 264, Section 265 or Section 289.
- 605 Consideration by local housing authority of housing conditions in their district.
- 606 Reports on particular houses or areas.
- Environmental considerations
- 607 Local housing authority to have regard to environmental considerations.
- 608 Acquisition of ancient monuments, &c.
- Enforceability of covenants, &c.
- 609 Enforcement of covenants against owner for the time being.
- 610 Power of court to authorise conversion of premises into flats.
- Miscellaneous powers of local housing authorities
- 611 Removal or alteration of apparatus of statutory undertakers.
- General provisions
- 612 Exclusion of Rent Act protection.
- 613 Liability of directors, &c. in case of offence by body corporate.
- 614 Power to prescribe forms &c.
- 615 Dispensation with advertisements and notices.
- 616 Local inquiries.
- 617 Service of notices.
- 618 The Common Council of the City of London.
- 619 The Inner and Middle Temples.
- 620 The Isles of Scilly.
- 621 Meaning of “lease” and “tenancy” and related expressions.
- 621A Meaning of “service charge” and related expressions.
- 622 Minor definitions: general.
- 623 Minor definitions: Part XVIII
- 624 Index of defined expressions: Part XVIII.
- Final provisions
- 625 Short title, commencement and extent.
- SCHEDULES
- SCHEDULE 1 Tenancies which are not Secure Tenancies
- Long leases
- Introductory tenancies
- Premises occupied in connection with employment
- Land acquired for development
- Accommodation for homeless persons
- Family intervention tenancies
- Accommodation for asylum-seekers
- ...
- Temporary accommodation for persons taking up employment
- Short-term arrangements
- Temporary accommodation during works
- Agricultural holdings etc.
- Licensed premises
- Student lettings
- 1954 Act tenancies
- Almshouses
- SCHEDULE 2 Grounds for Possession of Dwelling-Houses Let underSecure Tenancies
- Part I Grounds on which Court may Order Possession if it Considers it Reasonable
- Ground 1
- Ground 2
- Ground 2ZA
- Ground 2A
- Ground 3
- Ground 4
- Ground 5
- Ground 6
- Ground 7
- Ground 8
- Part II Grounds on which the Court may Order Possession if Suitable Alternative Accommodation is Available
- Ground 9
- Ground 10
- Ground 10A
- Ground 11
- Part III Grounds on which the Court may Order Possession if it Considers it Reasonable and Suitable Alternative Accommodation is Available
- Ground 12
- Ground 13
- Ground 14
- Ground 15
- Ground 15A
- Ground 16
- Part IV Suitability of Accommodation
- Part V Approval of Redevelopment Schemes for Purposes of Ground 10A
- SCHEDULE 2A Absolute ground for possession for anti-social behaviour: serious offences
- Violent offences
- Sexual offences
- Offensive weapons
- Offences against property
- Road traffic offences
- Drug-related offences
- Modern slavery
- Inchoate offences
- Scope of offences
- SCHEDULE 3 Grounds for Withholding Consent to Assignment by Way of Exchange
- Ground 1
- Ground 2
- Ground 2ZA
- Ground 2A
- Ground 2B
- Ground 3
- Ground 4
- Ground 5
- Ground 6
- Ground 7
- Ground 8
- Ground 9
- Ground 10
- SCHEDULE 3A Consultation before Disposal to Private Sector Landlord
- Disposals to which this Schedule applies
- Application for Secretary of State’s consent
- Requirements as to consultation
- Power to require further consultation
- Consent to be withheld if majority of tenants are opposed
- Guidance
- Protection of purchasers
- SCHEDULE 4 Qualifying Period for Right to Buy and Discount
- Introductory
- Periods occupying accommodation subject to public sector tenancy
- Periods occupying forces accommodation
- Periods during which right to buy is preserved
- Meaning of “public sector tenant”
- The landlord condition
- The tenant condition
- Application to certain housing association tenancies
- SCHEDULE 5 Exceptions to the Right to Buy
- Charities
- Certain housing associations
- Landlord with insufficient interest in the property
- Dwelling-houses let in connection with employment
- Certain dwelling-houses for the disabled
- Certain dwelling-houses for persons of pensionable age
- Dwelling-houses held on Crown tenancies
- Dwelling-house due to be demolished within 24 months
- SCHEDULE 5A Initial demolition notices
- Initial demolition notices
- Period of validity of initial demolition notice
- Revocation or termination of initial demolition notices
- Transfer of initial demolition notices
- Restriction on serving further demolition notices
- Service of notices
- Interpretation
- SCHEDULE 6 Conveyance of Freehold and Grant of Lease in Pursuance of Right to Buy
- Part I Common Provisions
- Rights to be conveyed or granted—general
- Rights of support, passage of water, etc.
- Rights of way
- Covenants and conditions
- No charge to be made for landlord’s consent or approval
- Meaning of “incumbrances” and “tenant’s incumbrance”
- Part II Conveyance of Freehold
- General
- Covenants
- Part III Leases
- General
- The appropriate term
- Common use of premises and facilities
- Covenants by the landlord
- Covenant by tenant
- Service charges and other contributions payable by the tenant
- Avoidance of certain provisions
- Part IV Charges
- Grant of lease
- Conveyance of freehold
- Schedule 6A REDEMPTION OF LANDLORD’S SHARE
- Obligation to redeem landlord’s share in certain circumstances
- Right to redeem landlord’s share at any time
- Value of landlord’s share and amount of final payment
- Final discount
- Restrictions on and deductions from final discount
- Right to make interim payment at any time
- Landlord’s reduced share and interim discount
- Value of dwelling-house
- Costs of independent valuation
- No charges to be made by landlord
- Other covenants and provisions
- Interpretation
- SCHEDULE 7 . . .
- SCHEDULE 8 . . .
- Additional shares
- Additional contributions
- Rent
- Payment for outstanding share on disposal
- No disposals of part while share outstanding
- Applications of provisions after disposal
- Value of dwelling-house or part
- SCHEDULE 9 . . .
- Right to further advances
- Amount of further advance
- Notice of amount and terms of further advance
- Terms of deed by which further mortgage is effected
- Schedule 9A Land Registration and Related Matters where Right to Buy Preserved
- Statement to be contained in instrument effecting qualifying disposal
- Registration of title on qualifying disposal
- Entries on register protecting preserved right to buy
- Change of qualifying dwelling-house
- Effect of non-registration
- Statement required on certain disposals on which right to buy ceases to be preserved
- Removal of entries on land register
- Liability to compensate or indemnify
- Meaning of disposal and instrument effecting disposal
- Introductory
- Recovery of expenses
- Service of demand
- Interest
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Appeals
- Expenses and interest recoverable from occupiers
- Expenses and interest to be a charge on the premises
- Recovery of expenses and interest from other persons profiting from execution of works
- SCHEDULE 11 . . .
- SCHEDULE 12 . . .
- Part I Management Schemes
- Contents of management scheme
- The estimate in the scheme of surpluses on revenue account
- Appeal against scheme
- Expenditure on works to be set against surpluses on revenue account
- Variation or review of surpluses on revenue accountas settled by the scheme
- Part II Compensation Payable to Dispossessed Proprietor
- Rate of compensation
- Ascertainment of gross value of house
- The appropriate multiplier
- Calculation of rental value
- Apportionment of compensation between proprietors of different parts of house
- Part III Cessation of Control Order
- General consequences of cessation of control order
- Revocation of order by county court on appealagainst making of order
- Revocation of control order on further appeal
- Revocation of control order by county court on appeal against refusal to revoke
- Part IV Control Order Followed by Compulsory Purchase Order
- Introductory
- Preparation and service of management scheme
- Control order ceases to have effect on acquisition of house
- Balances payable to dispossessed proprietor
- Recovery of capital expenditure incurred by local housing authority
- SCHEDULE 14 . . .
- SCHEDULE 15 Superseded Contributions, Grants, Subsidies, &c.
- Part I Loans Under the Housing (Rural Workers) Acts 1926 to 1942
- Part II ANNUAL GRANTS FOR AGRICULTURAL HOUSING
- (s. 46 of the Housing (Financial Provisions) Act 1958)
- Annual grants by local housing authorities
- Conditions of payment of annual grant
- Grants payable to owners by local housing authority
- No further payments if house vests in local housing authority
- Commutation of future annual grant
- Part III Contributions for Improvement of Dwellings by Housing Authorities
- (s. 9 of the Housing (Financial Provisions) Act 1958; s. 13 of the House Purchase and Housing Act 1959)
- (ss. 17 to 20 of the Housing Act 1969)
- (s. 79 of the Housing Act 1974)
- Part IV Town Development Subsidy
- (s. 9 of the Housing Finance Act 1972; s. 5 of the Housing Rents and Subsidies Act 1975)
- Transitional town development subsidy
- Reduction or discontinuance of subsidy
- Payments to receiving authority
- Communication of subsidy and payments to receiving authority
- Meaning of “receiving authority”
- SCHEDULE 16 Local Authority Mortgage Interest Rates
- The rate of interest
- The standard national rate
- The local average rate
- Variation of rate of interest
- Directions by Secretary of State
- SCHEDULE 17 Vesting of Mortgaged House in Authority Entitled to Exercise Power of Sale
- Vesting of house with leave of court
- Effect of vesting
- Compensation and accounting
- Modifications in case of conveyance or grant before 8th August 1980
- SCHEDULE 18 Provisions with Respect to Advances under the Small Dwellings Acquisition Acts 1899 to 1923
- Repayment of advance
- The statutory conditions
- Condition as to residence may be dispensed with or suspended
- Personal liability and powers of the proprietor
- Circumstances in which local authority may take possession or order sale
- Recovery of possession and disposal of house
- Procedure as to ordering sale
- List of advances and accounts to be kept
- Meaning of “residence”, “ownership” and “proprietor”
- Date of advance
- SCHEDULE 19 Contributions Under Superseded Enactments
- (Section 36 of the Housing (Financial Provisions) Act 1958)
- (Section 16 of the Housing Act 1969)
- SCHEDULE 20 Assistance by Way of Repurchase
- Part I The Agreement to Repurchase
- The interest to be acquired
- Request for notice of proposed terms of acquisition
- Authority’s notice of proposed terms
- Settlement of terms
- Service of draft agreement
- Notice to enter into agreement
- Part II Price Payable and Valuation
- The price
- The value
- Determination of value
- Service of amended draft agreement
- Part III Supplementary Provisions
- Introductory
- Conveyance frees interest acquired from relevant charges
- Application of purchase price in satisfaction of relevant charges
- Power to make payment into court in case of difficulty
- Duty to pay into court in certain cases
- Registration of title
- Interest acquired by local housing authority treated as acquiredunder Part II
- Certain grant conditions cease to have effect
- Overreaching effect of conveyance
- SCHEDULE 21 Dwellings Included in More Than One Designation
- Introductory
- Cases in which later designation to be disregarded
- In other cases any applicable designation may be relied on
- Procedure to be followed where later designation comes into operation
- SCHEDULES 22—24. . . .
- TABLE OF DERIVATIONS
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