Local Government, Planning and Land Act 1980

Housing, etc.

153Corporation as housing authority

(1)If the Secretary of State so provides by order, an urban development corporation shall have in its area (or in such part of its area as may be specified in the order)—

(a)the functions conferred on a local authority by the Housing Acts 1957 to 1975 and the [1980 c. 51.] Housing Act 1980 or by the Housing (Scotland) Acts 1966 to 1978 and the [1980 c. 52.] Tenants' Rights, Etc. (Scotland) Act 1980; and

(b)the functions conferred on the authority who are the relevant authority for the purposes of sections 39 to 41 of the [1973 c. 26.] Land Compensation Act 1973 or sections 36 to 38 of the [1973 c. 56.] Land Compensation (Scotland) Act 1973 (which relate to the rehousing of displaced residential occupiers);

or such of those functions as the order may specify.

(2)On the order coming into force, the corporation shall have the functions concerned in relation to the area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

(3)The order may provide that any enactment under which the corporation is to exercise functions by virtue of the order shall have effect in relation to the corporation and, where the corporation is to have any function concurrently with any other authority, in relation to that authority, as modified by the order.

(4)The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(5)The power to make an order under this section shall be exercisable by statutory instrument.

(6)No order under this section shall have effect until approved by a resolution of each House of Parliament.

154Rent rebates

(1)It shall be the duty of every urban development corporation to bring into operation and to maintain a scheme for granting, to persons who occupy as their homes dwellings let to them by the corporation rebates from rent, calculated in accordance with the provisions of the scheme by reference to their needs and their resources.

(2)No rebate from the rent for any dwelling shall be granted by virtue of this section to any person—

(a)if he occupies the dwelling in England and Wales under a licence which was granted as a temporary expedient to a person who entered it, or any other land, as a trespasser (whether or not before the grant another licence of that or any other dwelling has been granted to him); or

(b)if he occupies the dwelling in pursuance of a contract of service with the corporation the terms of which require that he shall be provided with a dwelling at a rent specified in the contract; or

(c)if Part II of the [1954 c. 56.] Landlord and Tenant Act 1954 (security of business tenants) applies to his tenancy.

(3)The corporation shall perform the duty to bring a scheme into force which is imposed on them by subsection (1) above as soon as practicable after it first lets dwellings as there mentioned, and then so much of Part II of the [1972 c. 47.] Housing Finance Act 1972 or of Part II of the [1972 c. 46.] Housing (Financial Provisions) (Scotland) Act 1972 as relates to rent rebates shall apply (with the necessary modifications) as if a corporation were a housing authority.

155Rent

(1)In section 14 of the [1977 c. 42.] Rent Act 1977 (tenancy not protected when landlord's interest belongs to certain bodies), there shall be inserted after paragraph (f) “or

(g)an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980 ;”.

(2)In section 5 of the [1971 c. 28.] Rent (Scotland) Act 1971 (which makes similar provision for Scotland) there shall be inserted after paragraph (d) “and

(e)an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980”.

156Other provisions relating to corporations as landlords

(1)Chapter I of Part I of the [1980 c. 51.] Housing Act 1980 (in this section referred to as " the Act of 1980 ") shall apply to an urban development corporation as if it were a landlord specified in paragraph 2 of Schedule 1 to that Act (landlords against whom the right to buy cannot be exercised in certain circumstances).

(2)Chapter II of that Part of the Act of 1980 shall have effect—

(a)as if the landlord condition were satisfied where the interest of the landlord belongs to an urban development corporation; and

(b)as if a reference to such a corporation were included in any reference to a development corporation in the following provisions: —

(i)section 42(1) (meaning of " landlord authority ");

(ii)section 45(1) (exemption certificates); and

(iii)paragraph 2(1) of Schedule 3 (bodies whose employees' tenancies are not secure if their contract of employment requires them to occupy a dwelling-house for the better performance of their duties).

(3)Section 140 of the Act of 1980 (exclusion of shared ownership tenancies from the [1967 c. 38.] Leasehold Reform Act 1967) shall have effect in relation to a lease granted by an urban development corporation which complies with the conditions set out in subsection (3) of that section.

(4)Parts I, II and III of the [1980 c. 52.] Tenants' Rights, Etc. (Scotland) Act 1980 shall have effect as if a reference to an urban development corporation were included in any reference in those provisions to a development corporation established by an order made, or having effect as if made, under the [1968 c. 16.] New Towns (Scotland) Act 1968.